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2008-307D
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2008-307D
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Last modified
4/12/2016 11:54:55 AM
Creation date
10/1/2015 12:39:36 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
09/23/2008
Control Number
2008-307D
Agenda Item Number
8.O.
Entity Name
Timothy Rose Contracting
Subject
Contract and Specifications Eagel Trace Subdivision Phase II
Area
NE Corner of Kings Hwy. and 61st. St.
Project Number
0813
Bid Number
2008074
Supplemental fields
SmeadsoftID
7602
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SC- 14 . 0413 Add the following new paragraph immediately after paragraph GC 14. 048: <br /> C . At the time of delivery of the tentative certificate of Substantial Completion , Engineer will <br /> deliver to Owner and Contractor a written recommendation as to division of responsibilities <br /> pending final payment between Owner and Contractor with respect to security, operation , <br /> safety, and protection of the Work , maintenance , heat, utilities , insurance , and warranties and <br /> guarantees <br /> SC -16 DISPUTE RESOLUTION <br /> SC -16 . 02 Mediation <br /> SC- 16 Add the following new paragraph immediately after paragraph GC- 16. 01 . <br /> SC- 16 . 02 Mediation <br /> A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled <br /> Claims or counterclaims , disputes , or other matters in question between them <br /> arising out of or relating to the Contract Documents or the breach thereof, to <br /> mediation by a certified mediator of the 19th Judicial Circuit in Indian River County <br /> unless delay in initiating arbitration would irrevocably prejudice one of the parties . <br /> The mediator of any dispute submitted to mediation under this agreement shall not <br /> serve as arbitrator of such dispute unless otherwise agreed . <br /> SC -17 Miscellaneous <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 /> + + END OF SUPPLEMENTARY CONDITIONS + + <br /> 00800-8 00800 - Supplementary Conditions REV 04-07 .doe <br /> 00800 8F:\Engineering\Special Projects\Eagle Trace Phase ZContract Documents\Eagle Trace Subdivision Phase 11\00800 - Supplementary Conditions REV 04-07.doc <br />
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