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2013-026
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2013-026
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Last modified
10/27/2015 1:23:53 PM
Creation date
10/1/2015 5:07:16 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/05/2013
Control Number
2013-026
Agenda Item Number
15.A.2
Entity Name
Barth Construction
Subject
Fire Station No.13 Phase III Expansion
Area
Fire Station No.13
Supplemental fields
SmeadsoftID
11725
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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 P--aFt 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, FS. 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 PaFt 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 . 6 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 /> § 5. 1 . 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 /> 8 <br /> i <br />
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