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2008-011
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Last modified
2/6/2026 11:37:41 AM
Creation date
9/30/2015 11:54:47 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/08/2008
Control Number
2008-011
Agenda Item Number
14.A.2
Entity Name
Barth Construction
Subject
Training Tower Foundation & Apron Emergency Services
Supplemental fields
SmeadsoftID
6835
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.2 add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment <br />delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in <br />advance by the Owner, suitably stored off the site at a location agreed upon in writing; <br />.3 add the Contractor's Fee, less retainage of zero ( 0% ).The Contractor's Fee shall be <br />computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in <br />Section 5.1.2 or, if the Contractor's Fee is stated as a fixed sum in that Subparagraph, shall be an <br />amount that bears the same ratio to that fixed -sum fee as the Cost of the Work in the two preceding <br />Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion; <br />.4 subtract the aggregate of previous payments made by the Owner; <br />.5 subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section <br />12.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently <br />discovered by the Owner's accountants in such documentation; and <br />.6 subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment <br />as provided in Section 9.5 of AIA Document A201-1997. <br />§ 12.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retainage of not less <br />than ten ( 10% ). The Owner and the Contractor shall agree upon a mutually acceptable procedure for <br />review and approval of payments and retention for Subcontractors. <br />§ 12.1.9 In taking action on the Contractor's Applications for Payment, the Architect shall be entitled to rely on the <br />accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that <br />the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in <br />accordance with Section 12.1.4 or other supporting data; that the Architect has made exhaustive or continuous on- <br />site inspections or that the Architect has made examinations to ascertain how or for what purposes the Contractor <br />has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if <br />required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. <br />§ 12.2 FINAL PAYMENT <br />§ 12.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to <br />the Contractor when: <br />the Contractor has fully performed the Contract except for the Contractor's responsibility to correct <br />Work as provided in Section 12.22 of AIA Document A201-1997, and to satisfy other requirements, <br />if any, which extend beyond final payment; and <br />.2 a final Certificate for Payment has been issued by the Architect. <br />§ 12,2.2 The Owner's final payment to the Contractor shall be <br />made no later than <br />30 <br />days after the issuance of the <br />Architect's final Certificate for Payment, or as follows: <br />§ 12.2.3 The Owner's accountants will review and report in writing on the Contractor's final accounting within 30 <br />days after delivery of the final accounting to the Architect by the Contractor. Based upon such Cost of the Work as <br />the Owner's accountants report to be substantiated by the Contractor's final accounting, and provided the other <br />conditions of Section 12.2.1 have been met, the Architect will, within seven days after receipt of the written report <br />of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Contractor, <br />or notify the Contractor and Owner in writing of the Architect's reasons for withholding a certificate as provided in <br />Section 9.5.1 of the AIA Document A201-1997. The time periods stated in this Section 12.2.3 supersede those stated <br />in Section 9.4.1 of the AIA Document A201-1997. <br />AIA Document A711TM —1997. Copyright m 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987 and 1997 by The American Institute of Architects. <br />All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or <br />distribution of this AIA19 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum <br />extent possible under the law. This document was produced by AIA software at 10:41:42 on 12/28/2007 under Order No.1000304448_1 which expires on <br />5129/2008, and is not for resale. <br />User Notes: (4283860081) <br />
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