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40 40 i, ® i The Enginc r or his representative will visit the site from time to time to observe the progress and quality of the work. rhe Engineer has the authority to disapprove or reject work which f is defective. Such work shall be removed and replaced or repaired in a manner satisfactory to the Engineer. Until defective work is satisfactorily corrected, the Engineer will assign a value of the work and retain that from any payments that may be due the CONTRACTOR. { ! The CONTRACTOR shall provide all samples and facilities and work necessary for the 1 testing and inspection. Fill material will be tested for compliance by an independent testing laboratory retained by the County, if deemed necessary. II i Upon notification by the CONTRACTOR, the Engineer will perform final tests and inspections. Should this reveal defective work those defects must be immediately corrected, after 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 finaf acceptance of the work. O. 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. P. Liens This project is a "Public Work" under Chapter 255, Florida Statutes. No merchant's liens may be filed 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, W 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 v SUPPLEMENTARY CONDITIONS j SC 8 4.y