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2013-000 (2)
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2013-000 (2)
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Last modified
4/27/2018 12:54:31 PM
Creation date
3/23/2016 9:12:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Bid
Approved Date
08/20/2013
Control Number
2013-000
Subject
Fertilizer and Landscape Management
Area
Old Dixie Highway Sidewalk 38th Lane to 45th Street
Alternate Name
Sidewalk Improvements
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000I\S0005EA.tif
Meeting Body
Board of County Commissioners
Meeting Type
BCC Regular Meeting
SmeadsoftID
14586
Document Relationships
2013-014
(Agenda)
Path:
\Ordinances\2010's\2013
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Contractor warrants all equipment, materials and labor furnished under this Contract against defect in design, <br /> materials and workmanship for a period of twelve (12) months from Final Payment, unless longer warranties <br /> are provided in the Contract Documents in which case the longer period prevails. The Contractor shall collect <br /> and deliver to the Owner any specific written warranties given by others as required by the Contract <br /> Documents. Notwithstanding any provisions in the Contract Documents to the contrary,this express warranty <br /> shall commence on the date the Owner obtains the final certificate of occupancy for the Project (or <br /> equivalent). The Contractor shall conduct,jointly with the Owner, a warranty inspection nine(9) months after <br /> the date of Final Completion. Upon receipt of Notice from the Owner of failure of any part of the guaranteed <br /> equipment or materials during the guarantee period, the defective parts or materials shall be replaced <br /> promptly with new parts or materials by the Contractor, at no expense to the Owner. <br /> GC 55 ROYALTIES AND PATENTS. <br /> The Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend <br /> and hold Owner and its representatives harmless from and against all claims, losses, costs, damages and <br /> expenses, including attorney fees in connection with any claims or actions based upon infringement of any <br /> patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor <br /> under the Contract. The Owner shall be responsible for all such loss when a particular process or the product <br /> of a particular manufacturer, or manufacturers, is specified; but if the Contractor has information that the <br /> process or article specified is an infringement of a patent, he shall be responsible for such loss unless he <br /> promptly gives such information to the Engineer. <br /> GC 56 VERBAL AGREEMENTS. <br /> No verbal agreement or conversation with any officer, agent or employee of the Owner either before <br /> or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the <br /> documents comprising said Contract. All contract amendments or change orders shall be written and <br /> executed by both Owner and Contractor. <br /> GC 57 MISCELLANEOUS TERMS. <br /> GC 57.1 Headings. The headings contained in these General Terms and Conditions are <br /> provided for convenience only. <br /> GC 57.2 Integration. This Contract constitutes the entire agreement between Contractor and <br /> the Owner and supersedes all prior verbal and written agreements, understandings, negotiations and <br /> discussions between the parties hereto. The Invitation to Bid and its terms and conditions are <br /> incorporated herein and made a part of this Contract. No verbal agreement or conversation with any <br /> officer, agent or employee of the Owner either before or after execution of the Contract shall affect or <br /> modify any of the terms or obligations contained in any of the documents comprising said Contract. <br /> GC 57.3 Severability. The invalidity, illegality or unenforceability of any provision of the <br /> Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and <br /> the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable <br /> provision is not contained herein. <br /> GC 57.4 Assignment. The Contractor shall not assign the Contract as a whole or in part <br /> without the written consent of the Owner, nor shall the Contractor assign any monies due or to <br /> become due to him hereunder without the previous written consent of the Owner and its surety. <br /> Assigning the Contract shall not relieve the Contractor or his surety from any contract obligations. <br /> GC 57.5 Specific Waiver. Any waiver issued by the Owner of any provision of the Contract <br /> Documents shall only be effective if issued in writing by the Owner and shall be specific, shall apply <br /> only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. <br /> Either party's failure to enforce strict performance of any covenant, term, condition, promise, <br /> agreement or undertaking set forth in the Contract shall not be construed as a waiver or <br /> relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth <br /> herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or <br /> undertaking at any time in the future. <br /> 45 <br />
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