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2004-270
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2004-270
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Entry Properties
Last modified
9/30/2016 12:11:44 PM
Creation date
9/30/2015 8:20:41 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/02/2004
Control Number
2004-270
Agenda Item Number
11.C.2
Entity Name
Clemons, Rutherford & Associates
Subject
Indian River County Jail Addition and Renovation
Architect Services
Area
4055 41st. Ave.
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4609
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the Architect to any Reimbursable Expenses described in Subparagraph 1. 3.9.2 and Paragraph <br /> 1.5.5, <br /> 1 . 3 . 3 . 2 If any of the following circumstances affect the Architect's services for the Project, the <br /> Architect or the Owner, as appropriate , shall be entitled to an appropriate adjustment in the <br /> Architect's schedule and compensation: <br /> . 1 change in the instructions or approvals given by the Owner that necessitate <br /> revisions in instfuments -ef a drawings specifications or other <br /> documents; <br /> . 2 enactment or revision of codes, laws or regulations or official interpretations <br /> which necessitate changes to previously prepared 1nstr-uments -of e <br /> drawings specifications or other documents This document has important legal <br /> . 3 decisions of the Owner not rendered in a timely manner; consequences. Consultation with an <br /> . 4 significant change in the Project including, but not limited to, size, quality, attorney is encouraged with respect <br /> to <br /> complexity, the Owner's schedule or budget, or procurement method; its completion or modification. <br /> AUTHENTICATION OF THIS <br /> 5 failure of performance on the part of the Owner or the Owner's consultants ELECTRONICALLY DRAFTED AIA <br /> any, or contractors; DOCUMENT MAY BE MADE BY USING <br /> . 6 preparation for and attendance at a public hearing, a dispute resolution AIA DOCUMENT D401. <br /> proceeding or a legal proceeding except where the Architect is party thereto oris <br /> alleged to have committed a wrongful act or omission whcih is subject of <br /> such hearing or proceeding; <br /> . 7 change in the information contained in Article 1.1. <br /> 1 . 3 . 4 MEDIATION <br /> 1 . 3 . 4 . 1 Any claim, dispute or other matter in question arising out of or related to this <br /> Agreement shall be subject to mediation as a condition precedent to arki#r-atiert -er the <br /> institution of legal or equitable proceedings by either party. If such matter relates to or is the <br /> subject of a lien arising out of the Architect's services, the Architect may proceed in accordance <br /> with applicable law to comply with the lien notice or filing deadlines prior to resolution of the <br /> matter by mediation, e . <br /> 1 . 3 . 4 . 2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters <br /> in question between them by mediation . Leh,, unless 4he -gaiies - alagree t� <br /> .:ise, - <br /> shag -be 4a acceFdance nth 41e Genstmetien indust 14edie4ien Rules -of -the American - <br /> Ar-bitratien Asseeiatien eutrent -in-e€feE+. Request for mediation shall be filed in writing with <br /> the other party to this Agreement and shallbeL . conductedby a Florida certified civil trial <br /> mediator agreed upon by the Owner and Architect . -vAth 4he man AFbitratien - <br /> Asseciation . The request may be made concurrently with the filing of a i <br /> civil action but, in such event, mediation shall proceed in advance of a3bitra#ien -er legal or <br /> equitable proceedings, which shag.May be stayed pending mediation for a period of 6o days <br /> from the date of filing, unless stayed for a longer period by agreement of the parties or court <br /> order. z I VW <br /> 1 . 3 . 4 . 3 The parties shall share the mediator's fee and any Filing fees equally. The mediation <br /> shall be held in the place where the Project is located, unless another location is mutually p 1997 AIA® <br /> agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements AIA DOCUMENT B141 - 1997 <br /> in any court having jurisdiction thereof. STANDARD FORM AGREEMENT <br /> -1-,� ARBITRATION The American Institute of Architects <br /> ! . 3 . 5 . 1 Aiiy claim, dispute -ef ethe matter -in questieft arising -eut -af -er _relate -to 4his _ 1735 New York Avenue <br />N .W. <br /> Agr,eemeat -sha4 -besubjeE 4e arbi4ratiea. Pr-ie 4e ^ "b'�atier4he pa1#ies -shallende�woi4e _ Washington, D . C . 20006-5292 <br /> r-eselve disputes i by fnediatieftin acceMance with Paragraph <br /> 19171 1926, 19481 1951 , 19531 19580 1961 , 19630 1966, 19671 1970, 1974t 19778 1987, 0 1997 by The American <br /> Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions <br /> without written permission of the AIA violates the copyright laws of the United States and will subject the <br /> violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will <br /> subject the violator to legal prosecution . This document was electronically produced with permission of the <br /> AIA and can be reproduced in accordance with your license without violation until the date of expiration as <br /> noted below . expiration as noted below . User Document: cra - jail -97bl41 . aia -- 10/29/2004. AIA License <br /> Number 1127252, which expires on 12/31/2004. <br /> 7 <br />
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