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<br />City of SIIIIIIY Isles Beaell <br /> <br />18070 Collins A venue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />II. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Consultant shall not <br />subcontract, assign or transfer any work under this agreement without the prior written consent of the <br />City. Should the Consultant subcontract any services under this agreement, it shall be done with <br />continued liability for the Consultant. The Consultant shall remain responsible for services, <br />responsibilitics and liabilities of any person or entity acting under Consultant. <br /> <br />12, TIME OF COMPLETION. The services to be rendered by thc Consultant shall bc <br />commenced upon execution of this contract and shall be complctcd within the time specified in <br />Attachment "A", unless otherwise extended by written consent of the City. A reasonable extension <br />of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or <br />by circumstances bcyond the reasonable control of the Consultant including weather conditions of <br />acts of God which render the performance of the Consultant's duty impracticable. <br /> <br />13. AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has and <br />will continue to maintain alllicenscs and approvals required to conduct its business and that it will at <br />all times conduct its business activities in a reputable manner. Proof of such licenses and approvals <br />shall be submitted to the City prior to commencement of work under this Agreement. <br /> <br />14, MODIFICATIONS OF WORK. The City rcserves the right to make changes in the work, <br />including alterations, reductions or additions thereto. Upon receipt of the City's notification of a <br />contemplated change, the Consultant shall (I) if requested by the City, provide an estimate for the <br />increase or decrease in cost due to thc contemplated change, (2) notify the City of any estimated <br />change in completion date, and (3) advise the City in writing if the contemplated change shall affect <br />the Consultant's ability to meet the completion dates or schedules of this Agreement. <br /> <br />15, COORDINATION OF SERVICES, The City's representative/liaison during the <br />performance of this Agreement shall be JOI'ge L. Vera, Assistant City Manager, telephone number <br />305/947-0606. Consultant shall not respond to requests for services under this Agreement unless the <br />rcqucst is received directly from Jorge L, Vera, Assistant City Manager, or designated personnel. <br />Any requests received from other City departments/divisions shall be rcferred to the City Manager's <br />Departmcnt rcpresentative designated above. Set'vices performed without authol'ization by, ,Ior'ge <br />Vera, Assistant City Manager, shall be considered unauthol'ized and shall 1I0t be <br />compensated/paid by the City, <br /> <br />16, ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or <br />controversy arises hereunder then such dispute or controversy shall be settled by arbitration in <br />accordance with the procedures, rules and regulations of the American Arbitration Association, The <br />decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the <br />award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be <br />held in Miami-Dadc County, Florida, The non-prevailing party shall pay all costs of arbitration and <br />attorneys' fees inemred by the parties or, if neither party prevails on the whole, each party shall be <br />responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be <br />determined by the court on confirmation. <br /> <br />C0607-021CGA Engineering Design & Construction Engineering Inspection Services Agreement <br />Page 6 01'9 <br /> <br />SIB <br />