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2004-030
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2004-030
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Last modified
8/23/2016 2:19:57 PM
Creation date
9/30/2015 7:18:44 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
02/17/2004
Control Number
2004-030
Agenda Item Number
7.F.
Entity Name
Oklawaha Farms Inc.
Subject
Harmony Oaks Mitigation Project Wetlands restoration
Area
Vero Shores
Project Number
9219A
Bid Number
6045
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3631
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have under the Contract Documents or by Laws or Regulations in respect of any <br /> dispute . <br /> SC -17 . 05 Controlling Law <br /> SC- 17 . 05 . A. Delete paragraph GC- 17. 05.A in its entirety and insert the following paragraph h in its <br /> place: <br /> A. This Agreement shall be governed by the laws of the State of Florida . Venue for <br /> any lawsuit brought by either party against the other party or otherwise arising out <br /> of this Contract shall be in Indian River County, Florida , or in the event of a federal <br /> jurisdiction , in the United States District Court for the Southern District of Florida . <br /> ' Add the following new paragraphs immediately after paragraph GC17. 05: <br /> SC - 17 . 06 Liens <br /> A . This project is a " Public Works " under Chapter 255 , Florida Statutes . No <br /> merchant's liens may be filed against the OWNER. Any claimant may apply to <br /> the OWNER for a copy of this Contract. The claimant shall have a right of action <br /> against the CONTRACTOR for the amount due him . Such action shall not <br /> ■ involve the OWNER in any expense . Claims against the CONTRACTOR are <br /> subject to timely prior notice to the CONTRACTOR as specified in Florida <br /> Statutes Section 255 . 05 . The CONTRACTOR shall insert the following <br /> paragraph in all subcontracts hereunder: <br /> " Notice : Claims for labor, materials and supplies are not assessable against <br /> Indian River County and are subject to proper prior notice to (CONTRACTOR' S <br /> Name ) and to ( CONTRACTOR Surety Company Name ) pursuant to Chapter <br /> 255 of the Florida Statutes . This paragraph shall be inserted in every sub- <br /> subcontract hereunder. " The payment due under the Contract shall be paid by <br /> the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished <br /> the OWNER with an affidavit stating that all persons , firms or corporations who <br /> are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or <br /> materials , employed directly or indirectly in the Work , have been paid in full . The <br /> OWNER may rely on said affidavit at face value . The CONTRACTOR does <br /> ' hereby release , remiss and quit-claim any and all rights he may enjoy perfecting <br /> any lien or any other type of statutory common law or equitable lien against the <br /> job . <br /> ' SC - 17 . 07 Substantial Completion <br /> A. Substitute " Final Completion" for "Substantial Completion . " There is no Substantial <br /> Completion for this Work . Therefore , there is no Substantial Completion date , only <br /> Final Completion . <br /> + + END OF SUPPLEMENTARY CONDITIONS + + <br /> REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 <br /> 00800- 12 <br /> F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Conslrudion Contract\Bidding and Construction Contract Documents\REVISED - 00800 <br /> - <br /> Supplementary Conditions.doc Rev. 05/01 <br />
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