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2008-247
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2008-247
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Last modified
2/6/2026 1:00:16 PM
Creation date
10/1/2015 12:28:03 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/12/2008
Control Number
2008-247
Agenda Item Number
15.A.1
Entity Name
Barth Construction
Subject
Fire Station #9 Part II Agreement
Area
Roseland Road
Supplemental fields
SmeadsoftID
7515
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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 Part 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 Within ten (10) 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 payment Act, FSS 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 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 />
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