Reso 99-148 - Laserfiche WebLink

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any clainl arising under this contract within the ninety (90) .day time period specified above shall constitute waiver and abandonment of cla~mant's right to seek administrative consideration of said claim. All such claims shall set forth in a petition addressed to the Owner stating: (1) The Architect-Engineer's name and business address; (2) A concise statement of the ultimate facts, including a statement of all disputed issues of material fact, upon which the claim is based; (3) A concise statement of the provisions of the contract, together with any federal, state and local laws, ordinances or code requirements or customary practices and usages in the trade or profession asserted to be applicable to the questions presented by the claim; and (4) A demand for that specific relief to which the Architect-Engineer deems himself entitled. Within thirty (30) days from the receipt of any petition setting forth the claim, the Owner shall provide the Architect-Engineer its written response stating Owner's position with respect to each claim asserted. Thereafter, upon not less than fifteen (15) days notice to the claimant, the Department shall convene a proceeding pursuant to the rules of procedure of the Department and shall thereafter enter a final order upon the petition. The venue for all civil and administrative actions against the department shall be in Leon County, unless otherwise agreed by the parties, ARTICLE 15 PROHIBITION AGAINST CONTINGENT FEES "The Architect (or registered land surveyor or professional engineer, as applicable) warrants that he has not employed or retained any company or person, other than a bona fide employee working solely 'for the architect (or registered land surveyor, or professional engineer, as applicable) to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the architect (or registered land surveyor or professional engineer, as applicable) any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Owner shall have the right to terminate this Agreement without liability and, at his discretion, to deduct from the Basic Services Compensation, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration". ARTICLE 16 SPECIAL PROVISIONS 16.1 The Professional Services Guide of the Division of Building Construction, Dppartment of Management Services, State of Florida, is furnished to assist the Architect-Engineer in the performance of his services under this Agreement. Since this document is merely a guide, the Architect- Engineer must discuss the specific requirements of this project with the Owner's Project Manager and utilize only those portions of this document which apply. 14 ...