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2022-132A
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2022-132A
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Last modified
9/13/2022 12:03:35 PM
Creation date
9/13/2022 11:36:01 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
07/12/2022
Control Number
2022-132A
Agenda Item Number
12.G.1.
Entity Name
C.W. Roberts Contracting, Inc
Subject
Indian River Blvd Resurfacing from 53rd Street to the Merrill Barber Bridge
FDOT FM 441919-1-54-01
Project Number
IRC-1707
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IRC -1707 <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 Claims or <br />counterclaims, disputes, or other matters in question between them arising out of or <br />relating to the Contract Documents or the breach thereof, to mediation by a certified <br />mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating <br />mediation would irrevocably prejudice one of the parties. The mediator of any dispute <br />submitted to mediation under this agreement shall not serve as arbitrator of such dispute <br />unless otherwise agreed. <br />SC -17 Miscellaneous <br />SC -17.06 Liens <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 merchant's liens <br />maybe filed against the OWNER. Any claimant may apply to the OWNER for a copy of <br />this Contract. The claimant shall have a right of action against the CONTRACTOR for the <br />amount due him. Such action shall not involve the OWNER in any expense. Claims against <br />the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in <br />Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in <br />all subcontracts hereunder: <br />"Notice: Claims for labor, materials and supplies are not assessable against Indian River <br />County and are subject to proper prior notice to (CONTRACTOR'S Name) and to <br />(CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. <br />This paragraph shall be inserted in every sub -subcontract hereunder." The payment due <br />under the Contract shall be paid by the OWNER to the CONTRACTOR only after the <br />CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms <br />or corporations who are defined in Section 713.01, Florida Statutes, who have furnished <br />labor or 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 hereby release, <br />remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type <br />of statutory common law or equitable lien against the job. <br />++END OF SUPPLEMENTARY CONDITIONS++ <br />Supplementary Conditions - 00800-11 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid <br />Documents\DIV 0 3 Section 800 IRC-1707.docx <br />
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