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2003-348.C
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2003-348.C
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Entry Properties
Last modified
1/23/2017 2:23:02 PM
Creation date
9/30/2015 7:10:56 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/16/2003
Control Number
2003-348.C
Agenda Item Number
11.I.4
Entity Name
Barth Construction
Subject
Contract and Specifications Kitching Station Trailhead
Area
North County Regional Park
Project Number
0219
Bid Number
5099
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3566
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tSC- 15 . 03 .A. 3 Delete paragraph GC45. 03.A . 3 in its entirety. <br /> SC-15.04 CONTRACTOR May Stop Work or Terminate <br /> SC- 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04.A : <br /> GF OWNER fails feF 30 days te pay GONTRAGTOR . - iy sUFn fiRally deteRnii;ed te be due , <br /> SC- 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04.A : <br /> GF OWNER has failed fer 3Q days te pay GONT-RAGTGR aRy sum finally deteFMORed to be <br /> dee; <br /> SC -16 DISPUTE RESOLUTION <br /> SC- 16 . 01 .A. Delete paragraph GC46. 01 .A in its entirety and insert the following paragraph in its <br /> ' place: <br /> A. Dispute resolution and procedures : OWNER and CONTRACTOR agree that they <br /> may submit any and all unsettled Claims or counterclaims , disputes , or other <br /> matters in question between them arising out of or relating to the Contract Docu- <br /> ments or the breach thereof, to mediation by a certified mediator of the 19th <br /> ' Judicial Circuit in Indian River County. If mediation is unsuccessful, OWNER and <br /> CONTRACTOR may exercise such rights or remedies as either may otherwise <br /> have under the Contract Documents or by Laws or Regulations in respect of any <br /> ' dispute . <br /> SC -17 .05 Controlling Law <br /> SC- 17 . 05 .A. Delete paragraph GC47. 05.A in its entirety and insert the following paragraph in its <br /> place: <br /> ' A. This Agreement shall be governed by the laws of the State of Florida . Venue for <br /> any lawsuit brought by either party against the other party or otherwise arising out <br /> of this Contract shall be in Indian River County, Florida , or in the event of a federal <br /> jurisdiction , in the United States District Court for the Southern District of Florida . <br /> Add the following new paragraphs immediately after paragraph GC17. 05: <br /> ' SC- 17 . 06 Liens <br /> ' A. This project is a " Public Works" under Chapter 255 , Florida Statutes . No <br /> merchant's liens may be filed against the OWNER . Any claimant may apply to <br /> the OWNER for a copy of this Contract. The claimant shall have a right of action <br /> against the CONTRACTOR for the amount due him . Such action shall not <br /> involve the OWNER in any expense . Claims against the CONTRACTOR are <br /> subject to timely prior notice to the CONTRACTOR as specified in Florida <br /> ' Statutes Section 255 . 05 . The CONTRACTOR shall insert the following <br /> paragraph in all subcontracts hereunder: <br /> " Notice : Claims for labor, materials and supplies are not assessable against <br /> ( Indian River County and are subject to proper prior notice to ( CONTRACTOR'S <br /> Name ) and to ( CONTRACTOR Surety Company Name) , pursuant to Chapter <br /> 1 0219-00800 - Supplementary Conditions <br /> 0080012 <br /> F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.doc Rev. 05/01 <br />
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