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Reso 2007-1186
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Reso 2007-1186
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Last modified
7/1/2010 9:42:30 AM
Creation date
2/28/2008 2:50:29 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2007-1186
Date (mm/dd/yyyy)
12/13/2007
Description
Heritage Park Parking Garage Agrmt w-Spillis Candela ($1,167,400.00)
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<br />(3) Payments for Additional Services of the Architect-Engineer's services as defined <br />in Article 4 hereinabove as a Multiple of Actual Payroll Costs, and for <br />Reimbursable Expense as defined in Article 8 hereinabove, shall be made <br />monthly upon presentation of a detailed invoice. <br /> <br />9 .2 PAYMENTS WITHHELD <br /> <br />(1) No deductions shall be made form the Architect-Engineer's compensation on <br />account of penalty, liquidated damages or other sums withheld from payments to <br />Contractor, or on account of changes in Construction Cost other than those for <br />which the Architect is held legally liable. <br /> <br />(2) The Architect-Engineer shall not withhold payments to consultants if such <br />payments have been made to the Architect-Engineer by the Owner. Should this <br />occur for any reason, the Architect-Engineer shall immediately return such <br />monies to the Owners, adjusting pay requests and project bookkeeping as <br />required. <br /> <br />9.3 PROJECT SUSPENSION OR ABANDONMENT <br /> <br />If the Project is suspended or abandoned in whole or in part for more than three months, <br />the Architect shall be compensated for all services performed prior to receipt of written <br />notice from the Owner of such abandonment, together with Reimbursable Expenses then <br />due. <br /> <br />ARTICLE 10 <br /> <br />ARCHITECT-ENGINEER'S ACCOUNTING RECORDS <br /> <br />Records of the Architect-Engineer's Direct Personnel Expenses, Consultant, and Reimbursable <br />Expense pertaining to this project shall be kept on a generally recognized accounting basis and <br />shall be available to the Owner or his authorized representative at mutually convenient times. <br /> <br />ARTICLE 11 <br /> <br />TERMINATION OF AGREEMENT <br /> <br />11.1 TERMINATION FOR CAUSE OR MUTUAL AGREEMENT <br /> <br />This Agreement may be terminated by either party upon seven (7) days' notice by mutual <br />agreement, or should one party fail substantially to perform in accordance with its terms <br />through no fault of the other. Also, this Agreement may be unilaterally terminated by the <br />Owner for refusal by the Architect-Engineer to allow public access to all documents, <br />papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, <br /> <br />15 <br />C0708-026 Spillis Candcla & ParIners. Inc. d/b/a Spill is Candcla DMJM Agreement <br />
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