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2012-055
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2012-055
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Last modified
12/17/2015 1:47:57 PM
Creation date
10/1/2015 4:14:52 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/20/2012
Control Number
2012-055
Agenda Item Number
15.A.2
Entity Name
Barth Construction
Subject
Fire Rescue Station 13 Phase II Agreement
Construction Services Agreement
Area
4th Street and 43rd Ave.
Archived Roll/Disk#
112-R-0001
Supplemental fields
SmeadsoftID
11032
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§ 4 . 2 Time limits stated in the Contract Documents are of the essence . The Work to be <br /> performed under this Part 2 Agreement shall commence upon receipt of a notice to <br /> proceed unless otherwise agreed and , subject to authorized Modifications , Substantial <br /> Completion shall be achieved on or before the date established in Article 14 . <br /> § 4 . 3 Substantial Completion is the stage in the progress of the Work when the Work or <br /> designated portion thereof is sufficiently complete in accordance with the Contract <br /> Documents so the Owner can occupy or utilize the Work for its intended use . <br /> § 4 .4 Based on the Design/ Builder' s Proposal , a construction schedule shall be provided <br /> consistent with Section 4 . 2 above . <br /> § 4 . 5 If the Design/Builder is delayed at any time in the progress of the Work by an act <br /> or neglect of the Owner , Owner' s employees , or separate contractors employed by the <br /> Owner , or by changes ordered in the Work , or by labor disputes , fire , unusual delay in <br /> deliveries , adverse weather conditions not reasonably anticipatable , unavoidable <br /> casualties or other causes beyond the Design/Builder's control , or by delay authorized <br /> by the Owner pending arbitration , or by other causes which the Owner and <br /> Design/ Builder agree may justify delay , then the Contract Time shall be reasonably <br /> extended by Change Order . <br /> ARTICLE 5 PAYMENTS <br /> § 5 . 1 PROGRESS PAYMENTS <br /> § 5 . 1 . 1 The Design /Builder shall deliver to the Owner itemized Applications for Payment <br /> in such detail as indicated in Article 14 . <br /> § 5 . 1 . 2 Upon the Owner' s receipt of a properly submitted and <br /> correct Application for Payment , the Owner shall make payment to the Design /Builder in <br /> accordance with the Florida Prompt payment Act , FS4 218 . 70 et seq . <br /> § 5 . 1 . 3 The Application for Payment shall constitute a representation by the <br /> Design / Builder to the Owner that the design and construction have progressed to the <br /> point indicated , the quality of the Work covered by the application is in accordance with <br /> the Contract Documents , and the Design /Builder is entitled to payment in the amount <br /> requested . <br /> § 5 . 1 . 4 Upon receipt of payment from the Owner , the Design/Builder shall promptly pay <br /> the Architect , other design professionals and each contractor the amount to which each <br /> is entitled in accordance with the terms of their respective contracts . <br /> § 5 . 1 . 5 The Owner shall have no obligation under this Part 2 Agreement to pay or to be <br /> responsible in any way for payment to the Architect , another design professional or a <br /> contractor performing portions of the Work . <br /> § 5 . 1 . 5 Neither progress payment nor partial or entire use or occupancy of the Project <br /> by the Owner shall constitute an acceptance of Work not in accordance with the <br /> Contract Documents . <br /> § 501 . 7 The Design /Builder warrants that title to all construction covered by an <br /> Application for Payment will pass to the Owner no later than the time of payment . The <br />
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