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Reso 2009-1495
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Reso 2009-1495
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Last modified
9/30/2010 11:13:54 AM
Creation date
9/30/2010 11:12:10 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1495
Date (mm/dd/yyyy)
10/29/2009
Description
Bid 09-09-01/Agmt w/Tenex: Median Closure/Collins Ave Streetscape Imp
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<br />In the twentieth line of Paragraph 15.02.8., insert the following after the words...such <br />excess...; ": <br /> <br />(including but not limited to fees and charges of ENGINEER, other engineers, <br />architects, attorneys and other professionals, particularly including, but not limited <br />to reasonable Engineer's 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 17.05.8: <br /> <br />"The venue for any cause of action shall be Miami-Dade County., Florida" <br /> <br />After Article 17 add the following article: <br /> <br />ARTICLE 18 - OWNER-PROVIDED MATERIALS <br /> <br />The Contractor and Owner desire to enter into an arrangement whereby certain purchases <br />under the Contract may be made by the Owner as a result of Owner's status of being <br />exempt from sales and use tax. <br /> <br />1. Notwithstanding anything in the Contract to the contrary, the Owner shall directly <br />purchase all materials and equipment identified in the Contract Documents as <br />required for incorporation into the Project ("Owner-Provided Materials"). The Owner <br />does hereby grant to the Contractor the full authority as an agent of the Owner to <br />prepare, place and execute Purchase Orders for and in the name of the Owner for <br />all Owner-Provided Materials. The Contractor as agent of the Owner shall sign such <br />Purchase Orders. <br /> <br />2. The Owner will be liable for the timely payment for all Owner-Provided Materials. <br />The Contractor will submit requisitions for orders of Owner-Provided Materials to <br />the Owner for approval when required. Vendors will render statements ("OPM <br />Invoices") to the Owner for any Owner-Provided Materials purchased. The Owner <br />will provide copies of all OPM Invoices to the Contractor upon approval by. the <br />Owner. After reviewing the OPM Invoices, the Contractor will return these orM <br />Invoices with proper back up to the Owner for payment. The Owner shall make <br />payment directly to the respective vendors as provided in the OPM Invoices. The <br />Own'er will send such vendor payments along with Contractor payment to the <br />Contractor who will, as Owner's agent, distribute such vendor payments to the <br />respective vendors in return for Releases of Lien. The Owner will provide Contractor <br />with any tax exemption certificates or other documents required or useful to provide <br /> <br />09/09 <br /> <br />00800-1 2 <br /> <br />03-4122.F <br />
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