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t <br />The Engineer shall make all inspections and tests as required to determine the acceptability of <br />the work. The Contractor shall provide all samples and facilities and work necessary for the <br />I testings and inspection. <br />Upon notification by the Contractor, the Engineer will perform final tests and inspections. <br />I Should this reveal defective work those defects must be immediately corrected, after which <br />additional tests and inspection shall be conducted by the Engineer to determine acceptability <br />of the work. Upon acceptance of corrected d fective work, this shall constitute final <br />acceptance of the work. <br />19. -Q!L& ANTEE: In addition, warranties of merchantability and fitness of purpose guaranteed <br />by the Uniform Commercial Code and made a part hereof, all work or materials furnished by <br />the Contractor under this Contract shall be guaranteed by him against mechanical and physical <br />defects, breakage, and other damages and failure, under normal operation, for a period of one <br />1) year from the date of final acceptance. All work or materials found to be defective from <br />routine, normal operation within the specified guarantee period shall be replaced by the <br />Contractor at his expense. The period of guarantee of each such replacement shall be one year <br />i from and after the date of installation thereof. <br />20. LTEN& This project is a "Public Work" 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 Contractor for the amount due <br />him. Such action shall not involve the Owner in any expense. Claims against the Contractor <br />i are subject to timely prior notice to the Contractor as specified in Florida Statutes Section <br />255.05. The Contractor shall insert the following paragraph in all subcontracts hereunder <br />Notice: Claims for labor, materials and supplies are not assessable against Indian Ry <br />Count and are subi cgtto proper prior notice to (Contractor's Name) and to (Contractor <br />Surety Company Name), pursuant to Chapter 255 of the I'Lorigla Statutes. Phis parar ph <br />shall be inserted in every sub -subcontract hereunder" The payment due under the Contract <br />shall be paid by the Owner to the Contractor only after the Contractor has furnished the <br />Owner with an affidavit stating that all persons, firms or corporations who are defined in <br />Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or <br />indirectly in the work, have been paid in f The Owner may rely on said affidavit at face <br />value. The Contractor does hereby release, remiss and quit claim any and all rights lie may <br />enjoy to perfect any lien or any other type of statutory common law or equitable lien against <br />the job. <br />21. BID BOND: All bids shall be submitted in duplicate upon the Proposal Form herein, or <br />verbatim copy thereof, and each proposal shall be accompanied by a Bid Bond or a Certified <br />Check, Cashier's Check, Treasurer's Check or Bank Draft of any National or State Bank, in <br />the amount of 5% of the total bid price, payable to Indian River County and conditioned upon <br />the successful Bidder entering into contract with surety as specified. Guaranty of the <br />successful Bidder shall be forfeited to Indian River County not as a penalty, but as liquidated <br />damages for the cost and expense incurred should said bidder fail to submit satisfactory surety <br />or fail to comply with any other requirements of the Specifications or of his Proposal. <br />GC - 8