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5.6 This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's <br />liens may be filed against the Owner. Any claimant may apply to the Owner for a copy of this <br />Contract. The claimant shall have a right of action against the Design -Builder for the amount <br />due him. Such action shall not involve the Owner in any expense. Claims against the Design - <br />Builder are subject to timely prior notice to the Design -Builder as specified in Florida Statutes <br />Section 255.05. The Design -Builder shall insert the following paragraph in all subcontracts <br />hereunder: <br />"Notice: Claims for labor, materials and supplies are not assessable against Indian River County <br />and are subject to proper prior notice to Design -Builder and to Design -Builder's Surety <br />Company, pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in <br />every sub -subcontract hereunder." The payment due under the Contract shall be paid by the <br />Owner to the Design -Builder only after the Design -Builder has furnished the Owner with an <br />affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida <br />Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, <br />have been paid in full for all amounts previously paid by the Owner. The Owner may rely on <br />said affidavit at face value. The Design -Builder does hereby release, remiss and quit -claim any <br />and all rights he may enjoy perfecting any lien or any other type of statutory common law or <br />equitable lien against the job, to the extent referenced by the affidavit. <br />ARTICLE 6 <br />OWNER'S RIGHT TO PERFORM AUDITS, INSPECTIONS, OR ATTESTATION <br />ENGAGEMENTS <br />6.1 In connection with payments to the Design -Builder under this Contract, it is agreed the <br />Design -Builder will maintain adequate records in accordance with generally accepted <br />accounting practices. The Owner, Florida Department of Transportation, Florida Auditor <br />General, Florida Inspector General, Florida Chief Financial Officer, and the Comptroller General <br />of the United States, or any duly authorized representative of each, have the right to initiate and <br />perform audits, inspections or attestation engagements or audit the Design -Builder's records for <br />the purpose of determining payment eligibility under this Contract or over selected operations <br />performed by Design -Builder under this Contract for the purpose of determining compliance with <br />the Contract. Access will be to all of the Design -Builder's records, including books, documents, <br />papers, and records of Design -Builder directly pertinent to this Contract, as well as records of <br />parent, affiliate and subsidiary companies. Design -Builder will arrange for said records to be <br />brought to a location convenient to Owner's auditors to conduct the engagement as set forth in <br />this Article. Or, Company may transport Owner's team to Design -Builder headquarters for <br />purposes of undertaking said engagement. In such event, Design -Builder will pay reasonable <br />costs of transportation, food and lodging for Owner's team. Design -Builder agrees to deliver or <br />provide access to all records requested by Owner's auditors within fourteen (14) calendar days <br />of the request at the initiation of the engagement and to deliver or provide access to all other <br />records requested during the engagement within seven (7) calendar days of each request. The <br />parties recognize that Owner will incur additional costs if records requested by Owner's auditors <br />are not provided in a timely manner and that the amount of those costs is difficult to determine <br />with certainty. Consequently, the parties agree that Design -Builder may be charged a liquidated <br />Ixora Park Infrastructure Improvements 10 <br />