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<br /> .Sf '•..P 10! 44.
<br /> 4
<br /> COY or sirs Pr.
<br /> the City and the Contractor shall be the same as if the City and Contractor knowingly,irrevocably voluntarily and
<br /> termination had been issued pursuant to this document. intentionally waive any right either may have to a trial by
<br /> jury in State or Federal Court proceedings in respect to any
<br /> 1.44.1 Where the Contractor's services have been so action,proceeding,lawsuit or counterclaim based upon the
<br /> terminated by the City said termination shall Contract Documents or the performance of the Work there
<br /> not affect any rights of the City against the under.
<br /> Contractor then existing or which may
<br /> thereafter accrue. Any retention or payment of 1.47 GOVERNING LAW:
<br /> moneys by the City due the Contractor will not
<br /> release the Contractor from liability. The Contract shall be construed in accordance with and
<br /> governed by the law of the State of Florida.
<br /> 1.44.2 Upon ten (10) days written notice to the
<br /> Contractor, the City may, without cause and 1.48 VENUE:
<br /> without prejudice to any other right or remedy,
<br /> elect to terminate the Agreement. In such Venue of any action to enforce the Contract Documents
<br /> case,the Contractor shall be paid for all Work shall be in Miami-Dade County,Florida.
<br /> executed and accepted by the City as of the
<br /> date of the termination. No payment shall be
<br /> made for profit for Work which has not been 1.49 PROJECT RECORDS:
<br /> performed.
<br /> City shall have right to inspect and copy during regular
<br /> 1.45 MISCELLANEOUS: business hours at City's expense, the books and records
<br /> and accounts of Contractor which relate in any way to the
<br /> Bidders acknowledge the following miscellaneous Project,and to any claim for additional compensation made
<br /> conditions: by Contractor,and to conduct an audit of the financial and
<br /> accounting records of Contractor which relate to the
<br /> 1.45.1 Whenever any provision of the Contract Project. Contractor shall retain and make available to City
<br /> Documents requires the giving of written notice all such books and records and accounts, financial or
<br /> it shall be deemed to have been validly given if otherwise,which relate to the Project and to any claim for
<br /> delivered in person to the individual or to a a period of three years following final completion of the
<br /> member of the firm or to an officer of the Project. During the Project and the three year period
<br /> corporation for whom it is intended, or if following final completion of the Project,Contractor shall
<br /> delivered at or sent by registered or certified provide City access to its books and records upon five days
<br /> mail, postage prepaid, to the last business written notice.
<br /> address known to them who gives the notice.
<br /> 1.50 SEVERABILITY:
<br /> 1.45.2 The Contract Documents shall remain the
<br /> property of the City. The Contractor shall have If any provision of the Contract or the application thereof
<br /> the right to keep one record set of the Contract to any person or situation shall to any extent, be held
<br /> Documents upon completion of the Project. invalid or unenforceable, the remainder of the Contract,
<br /> and the application of such provisions to persons or
<br /> 1.45.3 The duties and obligations imposed by these situations other than those as to which it shall have been
<br /> General Conditions, Special Conditions and held invalid or unenforceable shall not be affected thereby,
<br /> Supplemental Conditions and the rights and and shall continue in full force and effect,and be enforced
<br /> remedies available hereunder, and, in to the fullest extent permitted by law.
<br /> particular but without limitation, the
<br /> warranties, guarantees and obligations 1.51 INDEPENDENT CONTRACTOR:
<br /> imposed upon Contractor and those in the
<br /> Special Conditions and the rights and remedies The Contractor is an independent Contractor under the
<br /> available to the Gty,shall be in addition to,and Contract. Services provided by the Contractor shall be by
<br /> shall not be construed in any way as a employees of the Contractor and subject to supervision by
<br /> limitation of,any rights and remedies available the Contractor,and not as officers,employees,or agents
<br /> by law, by special guarantee or by other • of the City. Personnel policies,tax responsibilities,social
<br /> provisions of the Contract Documents. security and health insurance, employee benefits,
<br /> purchasing policies and other similar administrative
<br /> 1.45.4 Should the City or the Contractor suffer injury procedures, applicable to services rendered under the
<br /> or damage to its person or property because of Contract shall be those of the Contractor. •
<br /> any error,omission, or act of the other or of
<br /> any of their employees or agents or others for 132 SUBCONTRACTORS:
<br /> whose acts they are legally liable, claim shall
<br /> be made in writing to the other party within a No Subcontracting or use of a temporary labor force is
<br /> reasonable time of the first observance of such permitted for this Contract. The City may permit
<br /> injury or damage. subcontracting for specialized landscape maintenance
<br /> services that are not within the basic scope of services for
<br /> 1.46 WAIVER OF JURY TRIAL: this Contract. In said special circumstances,the Contractor
<br /> must obtain the prior written approval of the City before
<br /> City of Sunny Isles Beach I ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services 15
<br /> Lukes' Landscaping, Inc.
<br />
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