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2005-315 a
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2005-315 a
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Entry Properties
Last modified
8/9/2016 2:23:21 PM
Creation date
9/30/2015 9:09:16 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/13/2005
Control Number
2005-315 A
Agenda Item Number
14.A.1
Entity Name
Barth Construction
Donadio & Assoc.
Subject
Part 1 Design/Build Agreement Probable Cost
Area
Fire Station #4
Project Number
5018.001.04.1.2
Supplemental fields
SmeadsoftID
5170
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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 . men} hl „ on the bases so} forth ; n Ar+ inle <br /> 9 . <br /> § 5 . 3 Upon Within }on ( 10 ) days of 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 Act*Gm <br /> the legal ro}o prevailing whore the Pro eGt as IGGated <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 . and deGided by mediation 9F arbitration . SUGh mediation or aFbitration shall <br /> be GORduGted in aGGer4aRGe with the GGAStFUGtiOn Industry Mediation or Arbitrati <br /> Rules of the Amor; nan Arhl} ra} ; nn AsSOGIO } lon nl lrron } Iv ; n offcn} <br /> • � M • VV VI UIV I \IIIVIIVMII / \ I NI .IMUV11 / \VVV VIU � IVI / VUIT <br /> § 6 . 2 in addition to and prieF to aFbitFatien , the paFties shall eRdeaVGF to settle disput <br /> by FnediatiGR . Demand for mediatioR shall be filed iR writing with the etheF paFty to this <br /> rnedgatoon shall be made w0thiR a Feasonable time after the Glamm , dispute or othe <br /> rnatteF on question has arisen . in no event shall the demand feF mediatieR be made a <br /> the date wheR iR6tffitUtiGA of legal OF equitable PFOGeediRg6 based OR SuGh 1 <br /> or otheF matter in question weuld be barred by the appliGable statute of repose e <br /> lim ;} a} ; nnc <br /> s <br /> § 6 . 3 Demand for arbitration shall be filed in WFitiRg With the other party to this PaFt <br /> Agreement and with the ArneFiGan Arbitration AssGGiatien . A demand feF aFbitFatien shall <br /> 8 <br />
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