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W <br />acknowledges and agrees that it will diligently proceed to complete all items on <br />the Statutory List and schedule a final walk-through in anticipation of final <br />completion on the Project." <br />• <br />SC -14.046 Add the following new paragraph immediately after paragraph GC 14.046: <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 />r <br />SCA6 DISPUTE RESOLUTION <br />W SC -16.02 Mediation <br />0 <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 />r <br />SC -17 Miscellaneous <br />W 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 />w 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 />00800-8 <br />00800 - Supplementary Conditions REV 04-07.doc <br />00800 8F9EngineeringlCapdal Pmiecls\961 LCR 512 Widening19611 CR 512 PHASE MContract DocumentsW0600-Suppkvrentary Conditions REV 0407.doc <br />