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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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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 />payment; and (5) if required by the Owner, other data establishing payment or <br />satisfaction of obligations, such as receipts, releases and waivers of liens, claims, <br />security interests or encumbrances arising out of the Contract, to the extent and in such <br />form as may be designated by the Owner. If a contractor or other person or entity <br />entitled to assert a lien against the Owner's property refuses to furnish a release or <br />waiver required by the Owner, the Design/ Builder may furnish a bond satisfactory to the <br />Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after <br />payments are made, the Design/Builder shall indemnify the Owner for all loss and cost, <br />including reasonable attorneys' fees incurred as a result of such lien. <br />§ 5.2.2 When the Work has been completed and the contract fully performed, the <br />Design/Builder shall submit a final application for payment to the Owner, who shall <br />make final payment in accordance with the Florida Prompt payment Act, FS§ 218.70 et <br />seq. withiR 30 days ef FeGeipt, <br />§ 5.2.3 The making of final payment shall constitute a waiver of claims by the Owner <br />except those arising from: <br />.1 liens, claims, security interests or encumbrances arising out of the Contract <br />and unsettled; <br />.2 failure of the Work to comply with the requirements of the Contract <br />Documents; or <br />.3 terms of special warranties required by the Contract Documents. <br />§ 5.2.4 Acceptance of final payment shall constitute a waiver of all claims by the <br />Design/Builder except those previously made in writing and identified by the <br />Design/Builder as unsettled at the time of final Application for Payment. <br />0 <br />
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