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<br />---J ~J ~"""f ...Ht:.) UeUL:n <br /> <br />J IUIO Collins Avenue, Suite 250, Sunnes Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-31 b Fax <br /> <br />11. 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 />responsibilities and liabilities of any person or entity acting under Consultant. <br /> <br />12. TIME OF COMPLETION. The services to be rendered by the Consultant shall be <br />commenced upon execution of this contract and shall be completed within the time specified in this <br />Agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is <br />delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant <br />including weather conditions of acts of God which render the performance of the Consultant's duty <br />impracticable. <br /> <br />13. AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has and <br />will continue to maintain all licenses 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. MODIFICA TIONS OF WORK. The City reserves 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 the 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 James Watts, Director, Public Works, telephone number <br />305/947-0606. Consultant shall not respond to requests for services under this Agreement unless the <br />request is received directly from James Watts or Christopher J. Russo, City Manager, or designated <br />personnel. Any requests received from other City departments/divisions shall be referred to the City <br />Manager's Department representative designated above. Services performed without authorization <br />shall be considered unauthorized and shaJl not be 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-Dade County, Florida. The non-prevailing party shall pay all costs of arbitration and <br />attorneys' fees incurred 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 />detennined by the court on confirmation. <br /> <br />17. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the tenn of this <br />Agreement or any time for a period of Ten (10) years subsequent to that date upon which the <br />6 <br /> <br />BH&A Central Island Stormwater Consulting Agreement <br />Anorneyl Agreemenlslch <br />1/21/2004 <br />