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2012-003B
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2012-003B
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Last modified
12/15/2015 9:54:06 AM
Creation date
10/1/2015 3:29:35 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
First Amendment
Approved Date
01/10/2012
Control Number
2012-003B
Agenda Item Number
8.O.
Entity Name
Bill Bryant and Associates Inc.
Subject
Vero Beach Sports Village Quadrangle Softball Fields
Area
Vero Beach Sports Village
Project Number
1105
Bid Number
2011035
Supplemental fields
SmeadsoftID
10589
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§ 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 Local Government 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 /> § 541 . 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 . 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 /> Design /Builder further warrants that upon submittal of an Application for Payment all <br /> construction for which payments have been received from the Owner shall be free and <br /> clear of liens , claims , security interests or encumbrances in favor of the Design/ Builder <br /> or any other person or entity performing construction at the site or furnishing materials <br /> or equipment relating to the construction . <br /> § 5 . 1 . 8 At the time of Substantial Completion , the Owner shall pay the Design/ Builder <br /> the retainage , if any , less the reasonable cost to correct or complete incorrect or <br /> incomplete Work . Final payment of such withheld sum shall be made upon correction or <br /> completion of such Work . <br /> § 5 . 2 FINAL PAYMENTS <br /> § 5 . 2 . 1 Neither final payment nor amounts retained , if any , shall become due until the <br /> Design/ Builder submits to the Owner: ( 1 ) an affidavit that payrolls , bills for materials and <br /> equipment , and other indebtedness connected with the Work for which the Owner or <br /> Owner' s property might be responsible or encumbered ( less amounts withheld by the <br /> Owner) have been paid or otherwise satisfied ; ( 2 ) a certificate evidencing that insurance <br /> required by the Contract Documents to remain in force after final payment is currently <br /> in effect and will not be canceled or allowed to expire until at least 30 days ' prior written <br /> notice has been given to the Owner; ( 3 ) a written statement that the Design/ Builder <br /> knows of no substantial reason that the insurance will not be renewable to cover the <br /> period required by the Contract Documents ; (4 ) consent of surety , if any , to final <br /> 9 <br />
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