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Reso 99-148
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Reso 99-148
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Last modified
7/1/2010 9:40:36 AM
Creation date
1/25/2006 1:56:24 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
99-148
Date (mm/dd/yyyy)
07/15/1999
Description
Concept: Spillis, Candela & Partners, Arch. Firm for Gov’t Ctr., $752,936.
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<br />ARTICLE 12 <br /> <br />REUSE OF DOCUMENTS <br /> <br />The Documents prepared pursuant to this Agreement shall not be used on other projects except by agreement in <br />writing. The Owner may, at his own expense, obtain a set of reproducible record prints of drawings aad other <br />documents, or if required by the Owner, the Architect-Engineer shall deliver to the Owner the original tracings, but in <br />such event the Owner at his own expense shall furnish the Architect-Engineer with a set of reproducible record prints <br />thereof. <br /> <br />ARTICLE 13 <br /> <br />SUCCESSORS AND ASSIGNS <br /> <br />The Owner and the Architect-Engineer each binds himself, his partners, successors, assigns and legal representatives to <br />the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party in <br />respect of all covenants of this Agreement. Neither the Owner nor the Architect-Engineer shall assign, sublet or <br />transfer his interest in this Agreement without the written consent of the other. <br /> <br />ARTICLE 14 <br /> <br />CLAIMS AND DISPUTES <br /> <br />The provisions of Title 28, Florida Administrative Code are referred to and adopted by reference as though set forth <br />herein. <br /> <br />Under the terms of this contract the Architect-Engineer shaIl not have any right to compensation other than, or in <br />addition to, that provided by this contract to satisfy any claim of any kind whatsoever unless the claim therefor is <br />delivered to the Owner within ninety (90) days from the date on which the act or event constituting the basis of such <br />claim occurs. Failure to present any claim arising under this contract within the ninety (90) day time period specified <br />above shall constitute waiver and abandonment of claimant's right to seek administrative consideration of said claim. <br /> <br />All such claims shaIl set forth in a petition addressed to the Owner stating: <br /> <br />(I) The Architect-Engineer's name and business address; <br /> <br />(2) A concise statement of the ultimate facts, including a statement of all disputed issues of material fact, <br />upon which the claim is based; <br /> <br />(3) A concise statement of the provisions of the contract, together with any federal, state and local laws, <br />ordinances or code requirements or customary practices and usages in the trade or profession asserted <br />to be applicable to the questions presented by the claim; and <br /> <br />(4) A demand for that specific relief to which the Architect-Engineer deems himself entitled. <br /> <br />Within thirty (30) days from the receipt of any petition setting forth the claim, the Owner shaIl provide the Architect- <br />Engineer its written response stating Owner's position with respect to each claim asserted. Thereafter, upon not less <br />than fifteen (15) days notice to the claimant, the Department shall convene a proceeding pursuant to the rules of <br />procedure of the Department and shall thereafter enter a fmal order upon the petition. <br /> <br />The venue for all civil and administrative actions against the department shall be in Dade County, unless otherwise <br />agreed by the parties. <br /> <br />13 <br />
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