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2006-167
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2006-167
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Last modified
8/3/2016 5:01:24 PM
Creation date
9/30/2015 9:43:02 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/16/2006
Control Number
2006-167
Agenda Item Number
14.A.2.
Entity Name
Donadio & Associates
Subject
Part II Agreement Review-IRC Fire Station No. 4
Project Number
#5018.001.4.1.2
Supplemental fields
SmeadsoftID
5636
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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 of reGeipt. <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 />§ 5.3 INTEREST PAYMENTS <br />§ 5.3.1 Payments due the Design/Builder under this Part 2 Agreement which are not <br />paid when due shall bear interest in accordance with the Florida Prompt payment Act. <br />FS§ 218.70 et seq. from the date due at the rate spenified- qR A.FtoGIP, 11 3, GF iR the <br />absence of a c reified rate at the legal rate prevailing ...here the Pre eGt is Iennte.J <br />ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY <br />§ 6.1 The Design/Builder shall be responsible for initiating, maintaining and providing <br />supervision of all safety precautions and programs in connection with the performance <br />of this Part 2 Agreement. <br />§ 6.2 The Design/Builder shall take reasonable precautions for the safety of, and shall <br />provide reasonable protection to prevent damage, injury or loss to: (1) employees on <br />the Work and other persons who may be affected thereby; (2) the Work and materials <br />10 <br />
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