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A201-2007 - Kittitas Final 2024
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2024-09-03 10:00 AM - Commissioners' Agenda
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A201-2007 - Kittitas Final 2024
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Last modified
8/29/2024 12:33:04 PM
Creation date
8/29/2024 12:32:44 PM
Metadata
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Meeting
Date
9/3/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Contract with Belsaas & Smith Construction for the Lower Valley Transfer Station
Order
11
Placement
Consent Agenda
Row ID
121755
Type
Contract
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AIA Document A201 – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007. All <br />rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract <br />Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:51:37 PT on 05/13/2024 under Order <br />No.4104243047 which expires on 06/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with <br />the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1164916017) <br /> 38 <br /> <br />§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the <br />place where the Project is located, unless another location is mutually agreed upon. Agreements reached in <br />mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. <br /> <br />§ 15.4 ARBITRATION <br />§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any <br />Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually <br />agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction <br />Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, <br />delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The <br />party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on <br />which arbitration is permitted to be demanded. <br /> <br />§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for <br />mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based <br />on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a <br />written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of <br />legal or equitable proceedings based on the Claim. <br /> <br />§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in <br />accordance with applicable law in any court having jurisdiction thereof. <br /> <br />§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity <br />duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court <br />having jurisdiction thereof. <br /> <br />§ 15.4.4 CONSOLIDATION OR JOINDER <br />§ 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with <br />any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration <br />permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, <br />and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). <br /> <br />§ 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a <br />common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, <br />provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an <br />additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question <br />not described in the written consent. <br /> <br />§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under <br />this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and <br />Contractor under this Agreement. <br />
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