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2005-255
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2005-255
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Last modified
7/29/2016 10:18:38 AM
Creation date
9/30/2015 8:59:38 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/19/2005
Control Number
2005-255
Agenda Item Number
14.A.4
Entity Name
Barth Construction
Subject
Renovation Emergency Services Fire Station No.6
Area
Fire Station #6
Supplemental fields
SmeadsoftID
5096
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Design / Builder agree may justify delay , then the Contract Timeanda_mount shall be <br /> reasonably modified 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/Rjilder 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 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 V1brk 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 complrte 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 /> 9 <br />
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