|
authorization. -representation . Except as otherwise provided in Section 4 . 2 . 1 , the Architect does not have such
<br /> authority . The term " Owner" means the Owner or the Owner' s authorized representative.
<br /> § 2.1 .2 The-Pursuant to Florida Statutes section 255 . 05 ( 1 )(a) any claimant (as such term is defined in Florida
<br /> Statutes section 713 . 01 ) may apply to Indian River County as Owner for copies of the C—entraeter
<br /> within fifteen days after meeipt of a written fequest, infer-mation Agreement and the
<br /> recorded bond and shall
<br /> imide thereupon be furnished with a eof: .eet st., temen ertified copies of the feeer-d legal title to the pr-epefty en
<br /> which the Pr-qjerat is leeated, usually Fefer+ed to as the site, and the Owner' s interest . such documents .
<br /> § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
<br /> § 2.2. 1 The Ownef shall, at the written request of the Gentfaetef:, pr4of to eommeneement of the Work and ther-eafter-,
<br /> furnish to the Contractor- Feasenable evidence that finaneial aFfangements have been made to fulfill the 03ATner-' s
<br /> eentinuation ef the Work. Aftef sueh evidenee has been fumished, the &Arner- shall not materially Nrar-y &uc-h
<br /> financial a ngem nt.. without prior- t ' t the Contractor-.
<br /> § 2.2.2 Except for permits and fees, including those required under Section 3 . 7 . 1 , which are the responsibility of the
<br /> Contractor under the Contract Documents , the Owner shall secure and pay for necessary approvals , easements,
<br /> assessments and charges required for construction, use or occupancy of permanent structures or for permanent
<br /> changes in existing facilities . Owner shall comply with the provisions of Florida Statutes section 218 80 Public
<br /> Bid Disclosure Act.
<br /> § 2.2.3 The Owner shall furnish surveys describing physical characteristics , legal limitations and utility locations for
<br /> the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of
<br /> information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the
<br /> Work.
<br /> § 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner
<br /> with reasonable promptness . Any other information or services relevant which are under the Owner' s control and
<br /> which are necessary to the Contractor' s performance of the Work shall be furnished by
<br /> the Owner after receipt from the Contractor of a written request for such information or services .
<br /> § 2.2. 5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such
<br /> copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work.
<br /> § 2.3 OWNER' S RIGHT TO STOP THE WORK
<br /> § 2.3. 1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract
<br /> Documents as required by See Tien 12.2 or persistently-fails to carry out Work in accordance with the Contract
<br /> Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the
<br /> cause for such order has been eliminated ; however, the right of the Owner to stop the Work shall not give rise to a
<br /> duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,
<br /> except to the extent required by Section 6 . 1 . 3 .
<br /> § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
<br /> § 2.4. 1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and
<br /> fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction
<br /> of such default or neglect with diligence and promptness , the Owner may after s eh seven day pe ed give the
<br /> Gentfaeter- a seeend written netiee to eeFrzeet sueh defieiefleies within a thfee day period . if the Gentfaetef within
<br /> sueh three day period after- r-eeeipt of sueh seeend netiee fails to eenwrienee and eentiatie to eeFreet any deh i i I
<br /> thr-may, without prejudice to other remedies the Owner may have, correct such deficiencies . In such case an
<br /> appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the
<br /> reasonable cost of correcting such deficiencies , including Owner ' s expenses and compensation for the Architect ' s
<br /> additional services made necessary by such default, neglect or failure . Such action by the Owner and amounts
<br /> charged to the Contractor are both subject to prior approval of the Architect. TF .. . ,menta thenor- the-ea fte- ,1 „ o the
<br /> Owner,Contractor- are not sufficient to cover- sueh amounts , the Contmeter shall pay the difference
<br /> to the
<br /> AIA Document A201 TM — 1997. Copyright ® 19119 19159 1918, 1925t 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987 and 1997 by The
<br /> American
<br /> Institute of Architects. All rights reserved. WARNING : This AIA7° Document Is protected by U.S. Copyright Law and International Treaties. 12
<br /> Unauthorized reproduction or distribution of this AIA` Document, or any portion of It, may result In severe civil and criminal penalties, and will
<br /> be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50:06 on 08/10/2005 under Order
<br /> No. 1000192296_I which expires on 8/8/2006 , and is not for resale.
<br /> User Notes: (726890250)
<br />
|