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r <br /> h , of any other breach of, default under or violation of, or failure to comply with , the <br /> provisions of the Contract Documents . <br /> SC -14. 04 Substantial Completion <br /> SC- 14 .4 , A. Delete the 5th, 6th, 70, and 8t' sentences in that paragraph and replace them with <br /> the following: <br /> In accordance with the provisions of Florida Statues section 208 . 735(7 ) (x )(2005 ) , <br /> upon receipt of the tentative certificate of substantial completion from <br /> ENGINEER , the OWNER , ENGINEER, and the CONTRACTOR shall conduct a <br /> walk-through inspection of the Project to document a list of any items required to <br /> render the Work on the Project complete , satisfactory , and acceptable under this <br /> Agreement ( herein the "Statutory List") . The Statutory List shall be reduced to <br /> writing and circulated among the OWNER, the ENGINEER , and the <br /> CONTRACTOR by the OWNER or the ENGINEER within 30 calendar days after <br /> substantial completion . The OWNER or the ENGINEER acknowledge and agree <br /> that: 1 ) the failure to include any corrective work, or pending items that are not <br /> yet completed , on the Statutory List does not alter the responsibility of the <br /> CONTRACTOR to complete all the Work under this Agreement; 2) upon <br /> completion of all items on the Statutory List, the CONTRACTOR may submit a <br /> pay request for all remaining retainage except as otherwise set forth in this <br /> Agreement; and 3) any and all items that require correction under this Agreement <br /> and that are identified after the preparation of the Statutory List remain the <br /> obligation of the CONTRACTOR to complete to the OWNER' S satisfaction under <br /> this Agreement. After receipt of the Statutory List by the CONTRACTOR , the <br /> CONTRACTOR acknowledges and agrees that it will diligently proceed to <br /> complete all items on the Statutory List and schedule a final walk-through in <br /> anticipation of final completion of the Project. <br /> SC-14. 07 Final Payment <br /> SC- 14 . 07 . C . 1 . Delete paragraph GC44. 07. C. 1 in its entirety and insert the following paragraph <br /> in its place: <br /> C . Payment Becomes Due <br /> 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Local <br /> Government Prompt Payment Act" Florida Statutes section 218 . 70 , et. seq . <br /> SC-14. 09 Waiver of Claims <br /> SC- 14 . 09 Delete paragraph GC44. 09. A in its entirety and insert the following paragraph in <br /> its place: <br /> A. Acceptance of Final Payment as Release . The acceptance by the <br /> CONTRACTOR of final payment shall be and shall operate as a release to the <br /> OWNER from all claims and all liability to the CONTRACTOR other than claims <br /> in stated amounts as may be specifically excepted by the CONTRACTOR for all <br /> things done or furnished in connection with this Work and for every act and <br /> neglect of the OWNER and others relating to or arising out of this Work . Any <br /> payment , however, final or otherwise , shall not release the CONTRACTOR or his <br /> Last Revised 12/2007 00800- 13m Wabasso Beach Pk . Restoration <br /> F:\Public Works\Cliff Suthard\Wabasso Beach ParkW Construction Bid Documents\Bid Documents as of 1 -9-2008\Div 0 AS OF 1 -8- <br /> 2008\00800 - Supplementary Conditions.doc <br />