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1 <br />4. Contractor shall furnish satisfactory proof to Owner and Engineer that payment received from <br />Owner for materials and equipment not incorporated into the Work and suitably stored, has in fact <br />been paid to the respective supplier(s) within ten (10) days of Contractor's receipt of payment from <br />Owner. Failure to provide such evidence of payment shall result in the withdrawal of previous <br />approval(s) and removal of the cost of related materials and equipment from the next submitted <br />Application for Payment, and shall be deemed a default under the Contract. <br />SC -14.02C.1 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 <br />Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. <br />SC-14.02D.1.d Delete paragraph 14.02D.1.d of the General Conditions in its entirety and replace <br />with the following: d. OWNER has actual knowledge of the occurrence orprobable occurrence of <br />any of the 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 <br />the following: <br />If Owner refuses to make payment of the full amount recommended by Engineer, Owner shall <br />provide notice to Contractor in accordance with the provisions of the Local Govemment Prompt <br />Payment Act. Florida Statutes section 218.70 et. seq. and pay Contractor any amount remaining <br />after deduction of the amount so withheld in accordance with the provisions of the Local <br />Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. Owner shall pay <br />Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, in <br />accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes <br />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 <br />as follows: <br />No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to <br />any chattel mortgage or under a conditional sale contract or other agreement by which an interest is <br />retained by the seller. Contractor warrants that Contractor has good title to all materials and supplies <br />used by Contractor in the Work, free from all liens, daims 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 <br />tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In <br />accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the <br />tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the <br />Contractor shall conduct a walk-through inspection of the Project to document a list of any items <br />required to 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 writing and circulated <br />among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 <br />calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: <br />1) the failure to include any corrective work, or pending items that are not yet completed, on the <br />Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this <br />Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay <br />00800-14 <br />H\Projects107411Bidding Contract Specifications1Spec Template12007\008001supplementary Conditions.doc <br />