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(07-10-02) Central Island Drainage
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Bid Specifications
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Last modified
7/16/2010 4:23:47 PM
Creation date
8/14/2008 11:37:27 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Central Island Drainage and Street Improvements
Bid No. (xx-xx-xx)
07-10-02
Project Type (Bid, RFP, RFQ)
Bid
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<br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />(including but not limited to fees and charges of ENGINEER, other engineers, architects, <br />attorneys and other professionals, particularly including, but not limited to reasonable Engmeer's <br />attorney's fees, and court costs)...". <br /> <br />ARTICLE 16 - DISPUTE RESOLUTION <br /> <br />Delete this Article in its entirety. <br /> <br />ARTICLE 17 - MISCELLANEOUS <br /> <br />Add 17.05.B: <br /> <br />"The venue for any cause of action sha]] be Miami-Dade County." <br /> <br />17.05. C. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or <br />controversy arises hereunder then such dispute or controversy sha]] be settle by arbitration in accordance <br />with the procedures, rules and regulations of the American Arbitration Association. The decision <br />rendered by the Arbitrator sha]] be final and biding upon the parties and judgment upon the award <br />rendered by the arbitrator may be entered in a court having jurisdiction. Arbitration shall be held in <br />Miami-Dade, Florida. A]] costs of arbitration and attorneys' fees incurred by the parties shall be paid by <br />the non-prevailing party or, if neither party prevails on the whole, each party sha]] be responsible for a <br />portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court <br />on confirmation. <br /> <br />After Article 17 add the fo]]owing article: <br /> <br />ARTICLE 18 - OWNER-PROVIDED MATERIALS <br /> <br />The Contractor and Owner desire to enter into an arrangement whereby certain purchases under the <br />Contract may be made by the Owner as a result of Owner's status of being exempt from sales and use <br />tax. <br /> <br />1. Notwithstanding anything in the Contract to the contrary, the Owner shall directly purchase all <br />materials and equipment identified in the Contract Documents as required for incorporation into <br />the Project ("Owner-Provided Materials"). The Owner does hereby grant to the Contractor the <br />fu]] authority as an agent of the Owner to prepare, place and execute Purchase Orders for and m <br />the name of the Owner for all Owner-Provided Materials. The Contractor as agent of the Owner <br />sha]] sign such Purchase Orders. <br /> <br />2. The Owner wi]] be liable for the timely payment for a]] Owner-Provided Materials. The <br />Contractor will submit requisitions for orders of Owner-Provided Materials to the Owner for <br />approval when required. Vendors wi]] render statements ("OPM Invoices") to the Owner for any <br />Owner-Provided Materials purchased. The Owner wi]] provide copies of all OPM Invoices to the <br />Contractor upon approval by the Owner. After reviewing the OPM Invoices, the Contractor wi]] <br />return these OPM Invoices with proper back up to the Owner for payment. The Owner sha]] <br />make payment directly to the respective vendors as provided in the OPM Invoices. The Owner <br />wi]] send such vendor payments along with Contractor payment to the Contractor who wi]], as <br />Owner's agent, distribute such vendor payments to the respective vendors in return for Releases <br />of Lien. The Owner wi]] provide Contractor with any tax exemption certificates or other <br /> <br />I Oct. 2007 SUPPLEMENTARY CONDITIONS <br /> <br />00800-10 <br />
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