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2010-238
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2010-238
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Last modified
2/25/2016 9:57:35 AM
Creation date
10/1/2015 1:24:27 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
10/05/2010
Control Number
2010-238
Agenda Item Number
8.O.
Entity Name
Melvin Bush
Subject
Contract and Specifications 8th St. Sidewalk Improvements
Area
U.S. 1 to 6th Ave.
Project Number
0744
Bid Number
2010028
Supplemental fields
SmeadsoftID
8952
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information , shall be submitted by and at the expense of Contractor. At least 35 days shall be allowed for <br /> Owner' s review . <br /> The Owner or its Engineer shall make the determination as to the acceptability of any <br /> substitution . Approval of a substitution shall not relieve Contractor from the responsibility for compliance <br /> with all requirements of the Contractor. Contractor shall coordinate the change with all trades and bear <br /> the expense for any changes in other parts of the work caused by any substitution . <br /> Contractor may make only two requests for substitution in the same category and Contractor shall <br /> be invoiced the expenses incurred by Owner for its design professionals in reviewing additional <br /> substitution requests , unless otherwise approved by Owner. <br /> GC 34 CORRECTION OF DEFECTIVE MATERIALS OR WORKMANSHIP <br /> If any material , equipment or workmanship is determined by Owner, either during performance of <br /> the work , during final quality inspection or during the warranty period , to be defective or <br /> non in <br /> compliance with the specifications and the Contract, Owner shall notify Contractor in writing that such <br /> material , equipment or work is rejected and the Owner reserve the right to withhold payment on any such <br /> item . Contractor shall , at its own expense , immediately remove and replace or correct such defective <br /> material , equipment or work by making the same strictly comply with all requirements of the drawings , <br /> specifications and contract. If Owner or Engineer deems it inexpedient to correct work that has been <br /> damaged or that was not performed in accordance with the drawings , specifications and contract, an <br /> equitable deduction from the contract price shall be made for such work . <br /> GC 35 i 'CORRECTION OF WORK. <br /> The Contractor shall promptly remove from the premises all materials condemned by the <br /> Engineer as failing to meet contract requirements whether incorporated in the work or not, and the <br /> Contractor shall promptly replace and re-execute his own work in accordance with the Contract and <br /> without expense to the Owner and shall bear the expense of making good all work of other Contractors <br /> destroyed or damaged by such removal or replacement. Contractor further agrees to correct all work <br /> found by the Owner to be defective in material and workmanship or not in conformance with the drawings <br /> and specifications for a period of one year from the final certificate of occupancy for the project <br /> (or <br /> equivalent) or for such longer periods of time as may be set forth with respect to specific warranties <br /> contained in the trade sections of the specifications Contractor shall commence final completion of <br /> nonconforming work and correction of the work within seven (7 ) days of written notice by the Owner and <br /> shall perform all such work in compliance with the objective standards commonly found in the <br /> construction industry of Indian River County , Florida . If the Engineer or the Owner deems it inexpedient <br /> to correct work that has been damaged or that was not done in accordance with the Contract, <br /> an <br /> equitable deduction from the Contract price shall be made therefore . <br /> GC 36 OWNER' S RIGHT TO CORRECT OR COMPLETE WORK. <br /> If the Contractor should neglect to prosecute the work properly or fail to correct nonconforming <br /> work or fail to perform any provisions of this Contract, the Owner may , after three (3) calendar days <br /> written notice and opportunity to cure to the Contractor , without prejudice to any other remedy Owner may <br /> have , make good these deficiencies and may deduct the cost thereof from the payment then or thereafter <br /> due the Contractor. <br /> GC 37 CHANGES IN WORK. <br /> The Owner, without invalidating the Contract, may order written additions to or deductions from <br /> the work , the Contract price being adjusted accordingly . The Engineer, with the consent of the County , <br /> will have authority to make minor changes in the work not involving extra cost, and not inconsistent with <br /> the purpose of the work . If the Contractor believes that a variation or change justifies a modification in the <br /> Contract price , the Contractor may submit a request for change order at its expense . If a request for <br /> change order is made , the Contractor is not authorized to vary the work unless a written Change Order or <br /> written Construction Change Directive is issued by the Engineer and executed by the Owner. No change <br /> order shall be valid unless executed by the authorized signatory of the Owner. The Engineer is not <br /> authorized to bind the Owner to change in contract price or time . The Contractor shall notify the Engineer <br /> 39 <br /> 12/1/2009 3:45:46 PM <br />
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