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2006-075
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2006-075
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Last modified
7/1/2016 1:55:42 PM
Creation date
9/30/2015 9:33:59 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/07/2006
Control Number
2006-075
Agenda Item Number
14.A.3.
Entity Name
Barth Construction Agreement
Subject
Renovations for Emergency Services Fire Station #3
Area
2900 43rd Avenue
Supplemental fields
SmeadsoftID
5505
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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 Within ten ( 1 0) days of 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 pavment Act FS$ 218 . 70 et seg . <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 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 /> 9 <br />
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