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2009-210
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Last modified
5/16/2022 1:38:55 PM
Creation date
10/5/2015 9:13:38 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
08/18/2009
Control Number
2009-210
Agenda Item Number
8.K.
Entity Name
Tru-Sure Corporation
Subject
Reuse Water Main Extension Lateral G Canal and 57th Street
Area
Lateral G Canal 57th St. to 53rd St.
Project Number
2830
Bid Number
2009046
Supplemental fields
SmeadsoftID
11149
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4. Contractor shall furnish satisfactory proof to Owner and Engineer that payment received from Owner <br />for materials and equipment not incorporated into the Work and suitably stored, has in fact been paid <br />to the respective supplier(s) within ten (10) days of Contractor's receipt of payment from Owner. <br />Failure to provide such evidence of payment shall result in the withdrawal of previous approval(s) and <br />removal of the cost of related materials and equipment from the next submitted Application for <br />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 Local <br />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 with <br />the following: d. OWNER has actual knowledge of the occurrence or_probable occurrence of any of <br />the events enumerated in paragraphs 14.02.8.5 a through 14.02.B.5.c or paragraph 15 02.A. <br />SC- 114.020.2 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 <br />the amount so withheld in accordance with the provisions of the Local Government Prompt Payment <br />Act. Florida Statutes section 218.70 et. seq. Owner shall pay Contractor the amount so withheld, or <br />any adjustment thereto agreed to by Owner and Contractor, in accordance with the provisions of the <br />Local 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 <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, 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 <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 calendar <br />days after substantial completion. The Owner and Contractor acknowledge and agree that. 1) the <br />failure to include any corrective work, or pending items that are not yet completed on the Statutory List <br />does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) <br />upon completion of all items on the Statutory List, the Contractor may submit a pay request for all <br />remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that <br />require correction under this Agreement and that are identified :after the preparation of the Statutory <br />List remain the obligation of the Contractor to complete to the Oviner's satisfaction under this <br />00800-ta <br />o .J}IVJ5iQtJ 0JJ()806 S.ayp!ernt'nta,y Conde ans d)c <br />
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