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2007-315
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2007-315
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Last modified
6/24/2016 12:20:08 PM
Creation date
9/30/2015 11:18:07 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/18/2007
Control Number
2007-315
Agenda Item Number
7.Y.
Entity Name
Wells & Water Systems, Inc.
Subject
Public Supply Wells Construction and Testing
Area
North County Wellfield
Bid Number
2007044
Supplemental fields
SmeadsoftID
6606
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respective supplier( s) within ten ( 10) days of Contractor' s receipt of payment from Owner. Failure to <br /> provide such evidence of payment shall result in the withdrawal of previous approval(s) and removal of the <br /> cost of related materials and equipment from the next submitted Application for Payment, and shall be <br /> deemed a default under the Contract. <br /> SC- 14 .02C . I Delete paragraph 14.02 .0 of the General Conditions in its entirety and replace with the <br /> following : All payments by Indian River County as Owner shall be made in accordance with the Local <br /> Government Prompt Payment Act. Florida Statutes section 218 . 70 et. seq . <br /> SC- 14 .02D . Ld Delete paragraph 14. 02D . 1 . d of the General Conditions in its entirety and replace with the <br /> following: d. OWNER has actual knowledge of the occurrence or-probable occurrence of any of the <br /> events enumerated in paragraphs 14.02 .B . 5 .a through 14 .02 .B .5 .c or paragraph 15 .02 .A . <br /> SC- 14 .02D .2 Delete paragraph 14.02D. 2 of the General Conditions in its entirety and replace with the <br /> following: <br /> If Owner refuses to make payment of the full amount recommended by Engineer, Owner shall provide <br /> notice to Contractor in accordance with the provisions of the Local Government Prompt Payment Act. <br /> Florida Statutes section 218 . 70 et. seq. and pay Contractor any amount remaining after deduction of the <br /> amount so withheld in accordance with the provisions of the Local Government Prompt Payment Act. <br /> Florida Statutes section 218 . 70 et. seq. Owner shall pay Contractor the amount so withheld, or any <br /> adjustment thereto agreed to by Owner and Contractor, in accordance with the provisions of the Local <br /> Government Prompt Payment Act. Florida Statutes section 218 .70 et. seq . <br /> SC- 14. 03A . <br /> Add the following sentences to the end of the existing paragraph 14.03A of the General Conditions as <br /> follows : <br /> No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any <br /> chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by <br /> the seller. Contractor warrants that Contractor has good title to all materials and supplies used by <br /> Contractor in the Work, free from all liens, claims or encumbrances. <br /> SC- 14.04C . Delete paragraph 14 .04C of the General Conditions in its entirety and replace with the <br /> following: <br /> If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative <br /> certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with <br /> the provisions of Florida Statutes section 208 . 735(7)(a)(2005), upon receipt of the tentative certificate of <br /> Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk- <br /> through inspection of the Project to document a list of any items required to render the Work on the Project <br /> complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List") . The Statutory <br /> List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the <br /> Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor <br /> acknowledge and agree that: 1 ) the failure to include any corrective work, or pending items that are not yet <br /> completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the <br /> Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may <br /> submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any <br /> and all items that require correction under this Agreement and that are identified after the preparation of <br /> the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this <br /> 6706-43015- 155\ 10/ 1 7/07 00800- 14 V RB <br />
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