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2005-200
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2005-200
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Last modified
7/21/2016 10:06:30 AM
Creation date
9/30/2015 8:50:28 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/07/2005
Control Number
2005-200
Agenda Item Number
14.A.3
Entity Name
Barth Construction
Subject
Fire Station #3 renovations
Attachment 1 to Agreement
Area
Fire Stateion #3
Supplemental fields
SmeadsoftID
4981
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§ 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 . <br /> § 5 . 3 Upon the Owner' s receipt of a properly submitted and correct Application for <br /> Payment , the Owner shall make payment to the Design /Builder in accordance with the <br /> 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 . <br /> ARTICLE 6 DISPUTE RESOLUTION <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 /> ARTICLE 7 MISCELLANEOUS PROVISIONS <br /> § 7 . 1 This agreement shall be construed according to the laws of the State of Florida . <br /> Venue for any lawsuit brought by any party arising from this agreement shall be in Indian <br /> River County , Florida or in the event of federal jurisdiction , the US District Court for the <br /> Southern District of Florida . <br /> § 7 . 2 The Owner and the Design/Builder , respectively , bind themselves , their partners , <br /> successors , assigns and legal representatives to the other party to this Part 1 Agreement <br /> and to the partners , successors and assigns of such other party with respect to all <br /> covenants of this Part 1 Agreement . Neither the Owner nor the Design /Builder shall <br /> assign this Part 1 Agreement without the written consent of the other . <br /> § 7 . 3 Unless otherwise provided , neither the design for nor the cost of remediation of <br /> hazardous materials shall be the responsibility of the Design/Builder. <br /> § 7 .4 This Part 1 Agreement represents the entire and integrated agreement between the <br /> Owner and the Design/Builder and supersedes all prior negotiations , representations or <br /> agreements , either written or oral . This Part 1 Agreement may be amended only by <br /> written instrument signed by both the Owner and the Design/Builder. <br /> § 7 . 5 Prior to the termination of the services of the Architect or any other design <br /> professional designated in this Part 1 Agreement , the Design/ Builder shall identify to the <br /> Owner in writing another architect or design professional with respect to whom the Owner <br /> has no reasonable objection , who will provide the services originally to have been <br /> 8 <br />
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