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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 /> 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 /> r <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 /> 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 Projects\961 LCR 512 Widening\9611 CR 512 PHASE DAContract DocumentsW0600 - SuppLv ntary Conditions REV 0407.doc <br />