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40 The Engineer shall make all inspections and tests as required to determine the acceptability of the work. The Contractor shall provide all samples and facilities and work necessary for the testings and inspection. Upon notification by the Contractor, the Engineer will perform final tests and inspections. Should this reveal defective work those defects must be immediately corrected, atter which additional tests and inspection shall be conducted by the Engineer to determine acceptability of the work. Upon acceptance of corrected defective work, this shall constitute final acceptance of the work. 1.9. GUARANTEE: In addition, warranties of merchantability and fitness of purpose guaranteed by the Uniform Commercial Code and made a part hereof=, all work or materials furnished by the Contractor under this Contract shall be guaranteed by him against mechanical and physical defects, breakage, and other damages and failure, under normal operation, for a period of one (1) year from the date of final acceptance. All work or materials found to be defective from routine, normal operation within the specified guarantee period shall be replaced by the Contractor at his expense. The period of guarantee of each such replacement shall be one year from and after the date of installation thereof 20. LIENS This project is a "Public Work" under Chapter 255, Florida Statutes. No merchant's liens may be tiled against the Owner. Any claimant may apply to the Owner for a copy of this Contract. The claimant shall have a right of action against the Contractor for the amount due him. Such action shall not involve the Owner in any expense. Claims against the Contractor are subject to timely prior notice to the Contractor as specified in Florida Statutes Section 255.05. The Contractor shall insert the following paragraph in all subcontracts hereunder "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (Contractor's Name) and to (Contractor Surety Company_Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub -subcontract hereunder." The payment due under the Contract shall be paid by the Owner to the Contractor only after the Contractor has furnished the Owner with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the work, have been paid in full. The Owner may rely on said affidavit at face value. The Contractor does hereby release, remiss and quit claim any and all rights he may enjoy io perfect any lien or any other type ol'statutory common law or equitable lien against thejob. 21. BID BOND: All bids shall be submitted in duplicate upon the Proposal Form herein, or verbatim copy thereof, and each proposal shall be accompanied by a Bid Bond or a Certified Check, Cashier's Check, Treasurer's Check or Bank Draft of any National or State Bank, in the amount of 5% of the total bid price, payable to Indian River County and conditioned upon the successful Bidder entering into contract with surety as specified. Guaranty of the successful Bidder shall be forfeited to Indian River County not as a penalty, but as N juidated damages for the cost and expense incurred should said bidder fail to submit satisfactory surety or fail to comply with any other requirements of the Specifications or of his Proposal, GC --S