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2006-389
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2006-389
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Last modified
9/1/2016 3:02:55 PM
Creation date
9/30/2015 10:17:35 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Migration
Approved Date
11/07/2006
Control Number
2006-389
Agenda Item Number
14.A.3.
Entity Name
Barth Construction, Inc.
Subject
Fire Station #2 - Part II Agreement
Supplemental fields
SmeadsoftID
5948
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ARTICLE 12 TERMINATION OF THE AGREEMENT <br /> § 12. 1 TERMINATION BY THE OWNER <br /> § 12. 1 . 1 This Part 2 Agreement may be terminated by the Owner upon 14 days' written <br /> notice to the Design/Builder in the event that the Project is abandoned . If such <br /> termination occurs , the Owner shall pay the Design/Builder for Work completed and for <br /> proven loss sustained upon materials , equipment, tools , and construction equipment <br /> and machinery, including reasonable profit and applicable damages. <br /> § 12. 1 .2 If the Design/Builder defaults or persistently fails or neglects to carry out the <br /> Work in accordance with the Contract Documents or fails to perform the provisions of <br /> this Part 2 Agreement, the Owner may give written notice that the Owner intends to <br /> terminate this Part 2 Agreement. If the Design/Builder fails to correct the defaults, <br /> failure or neglect within seven (7) days after being given notice, the Owner may then <br /> give a second written notice and , after an additional seven (7) days , the Owner may <br /> without prejudice to any other remedy terminate the employment of the Design/Builder <br /> and take possession of the site and of all materials , equipment, tools and construction <br /> equipment and machinery thereon owned by the Design/Builder and finish the Work by <br /> whatever method the Owner may deem expedient . If the unpaid balance of the <br /> Contract Sum exceeds the expense of finishing the Work and all damages incurred by <br /> the Owner, such excess shall be paid to the Design/Builder. If the expense of <br /> completing the Work and all damages incurred by the Owner exceeds the unpaid <br /> balance , the Design/Builder shall pay the difference to the Owner. This obligation for <br /> payment shall survive termination of this Part 2 Agreement. <br /> § 12, 2 TERMINATION BY THE DESIGN/BUILDER <br /> § 12.2. 1 If the Owner fails to make payment when due in accordance with the Florida <br /> Prompt payment Act FS.4218 70 et seq., the Design/Builder may give written notice of <br /> the Design/ Builder's intention to terminate this Part 2 Agreement. If the Design/Builder <br /> fails to receive payment in accordance with the Florida Prompt payment Act FS$ <br /> 218. 70 et seg . , the <br /> Design/Builder may give a second written notice and , seven (7) days after receipt of <br /> such second written notice by the Owner, may terminate this Part 2 Agreement and <br /> recover from the Owner payment for Work executed and for proven losses sustained <br /> upon materials, equipment, tools , and construction equipment and machinery, including <br /> reasonable profit and applicable damages . <br /> ARTICLE 13 BASIS OF COMPENSATION <br /> The Owner shall compensate the Design/Builder in accordance with Article 5 , <br /> Payments , and the other provisions of this Part 2 Agreement as described below. <br /> § 13. 1 COMPENSATION <br /> § 13. 1 . 1 For the Design/Builder's performance of the Work, as described in Section 3 . 2 <br /> and including any other services listed in Article 14 as part of Basic Services, the Owner <br /> shall pay the Design/Builder in current funds the Contract Sum as follows: <br /> 21 <br />
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