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2005-398
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2005-398
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Last modified
8/16/2016 2:11:21 PM
Creation date
9/30/2015 9:28:25 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/06/2005
Control Number
2005-398
Agenda Item Number
14.A.3
Entity Name
Barth Construction Agreement
Subject
Design-Build Renovations Fire Station #12 Part 1 Agreement
Area
5th St. SW
Supplemental fields
SmeadsoftID
5306
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§ 4 . 2 If the Design/Builder is delayed in the performance of services under this Part 1 <br /> Agreement through no fault of the Design/Builder, any applicable schedule shall be <br /> equitably adjusted . <br /> ARTICLE 5 PAYMENTS <br /> § 5 . 1 The initial payment provided in Article 9 shall be made upon execution of this Part <br /> 1 Agreement and credited to the Owner' s account as provided in Section 9 . 1 . 2 . <br /> § 5 . 2 Subsequent payments for Basic Services , Additional Services , and Reimbursable <br /> Expenses provided for in this Part 1 Agreement shall be made in accordance with the <br /> Florida Prompt Payment Act , FS 218 . 70 et seq . monthly on +he h .+ eiq et forth in Artinle <br /> YNVIV VVl IVIUI LfT-\I -lfVi�j <br /> § 5 . 3 Upon the Owner' s receipt of a properly submitted and <br /> correct Application for Payment , the Owner shall make payment to the Design/Builder in <br /> accordance with the Florida Prompt Payment Act . <br /> § 5 .4 Payments due the Design/Builder under this Part 1 Agreement which are not paid <br /> when due shall bear interest in accordance with the Florida Prompt Payment Acts <br /> the date due at the Fate speGified in SeGtien 9 . 5 , or in the absenGe of a speGified Fate -,. -at <br /> the legal rate nrevailinn where the Drnienf ic{ IOGated <br /> •. . V . VyNI . M {V r./ . V . MIIIIIy . . IMV 111V . , - <br /> ARTICLE 6 DISPUTE RESOLUTION MEDIATION AND ARBITRATION <br /> — <br /> § 6 . 1 Claims , disputes or other matters in question between the parties to this Part 1 <br /> Agreement arising out of or relating to this Part 1 Agreement or breach thereof shall be <br /> subject to the following procedure : <br /> the dispute shall first be addressed by a meeting between the Owner <br /> Design/Builder , Architect and Owner' s Representative . <br /> If the dispute is not remedied , the parties shall submit the dispute to the County <br /> Administrator or his assign who shall make the final decision on the matter. <br /> The resolution of the dispute shall be reduced to writing and attached to this <br /> agreement . <br /> § 6 . 2 in addition te and PFiGF to arbitFatien , the paFties shall endeavor to settle disput <br /> by mediation , Demand for mediation shall be filed OR writing with the GtheF paFty to this <br /> matteF iR question has arisen . IR ne eVeRt shall the demand fGF mediation be made after <br /> the date when wRSt*tUt* GR of legal eF equitable PFOGeedings based OR SUGh Glaim , dispi <br /> limitations . <br /> § 6 . 3 Demand for aFbitFatien shall be filed iR WitiRg with the etheF paFty to this PaFt 1 <br /> g <br />
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