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2022-009
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2022-009
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Last modified
2/8/2022 11:32:44 AM
Creation date
2/7/2022 10:33:54 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
01/11/2022
Control Number
2022-009
Agenda Item Number
8.O..
Entity Name
OHL, USA, Inc. and Subsidiaries
Subject
6th Avenue Milling and Resurfacing from U.S. 1/S.R. 5 to 21st Street
Project Number
IRC-1638
Bid Number
2022008
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re"EreMM - - • <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 `he 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 mediation 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 />SC -17.06 Liens <br />Add the following new paragraphs immediately after paragraph GC 17.05: <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 notica 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 Countv and are 3ubiect 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.C1, 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 />00800-11 <br />00800 - Supplementary Conditions REV 10-18.doc <br />00800 11F \Public Works\ENGINEERING DIVISION PRO, ECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract <br />Documents\00800 -Supplementary Conditions REV 10-18.doc <br />
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