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expended in preparation for or in performance of the contract plus CONTRACTOR ' S lost profit for the period of CONTRACTOR ' S performance on the jobsite . 5 . 3 If the performance of the contract is delayed by fire, lightning, earthquake , cyclone or other such cause completely beyond the control of either the County or CONTRACTOR, then the time for completion of the contract shall be extended for a period equivalent to the time lost by reason of any of the aforesaid causes . 6. 0 WARRANTY/GUARANTEE 6 . 1 CONTRACTOR warrants and guarantees to OWNER that all materials will be new unless otherwise specified and that all work will be of good quality and free from defects and in accordance with the Specifications . 6 .2 CONTRACTOR agrees to remedy promptly and without cost to OWNER, any defective materials or workmanship that appear within one (1) year from the date of completion of the work . 6 . 3 No provision contained in these Specifications shall be held to limit CONTRACTOR ' S liability for defects to less than the legal limit of liability in accordance with law. 6 . 4 No provision contained in these Specifications shall be held to limit the terms and conditions of the Manufacturer' s Warranty and CONTRACTOR shall secure parts , materials and equipment to be installed with Manufacturer's full warranty as to parts and service for one (1) year wherever possible . 6 . 5 . Asbuilt Drawing Requirements 6 . 5 . 1 Prior to Final Acceptance, the CONTRACTOR shall submit to the OWNER one ( 1 ) set of As built Plans . This plan set shall show the exact way in which the installation was constructed, including all changes during the course of the project . 6 . 5 . 2 The CONTRACTOR shall correct any errors to the As-Built plans upon review by the ENGINEER before Final Acceptance is complete . 7. 0 NOTICES 7 . 1 Notices to the CONTRACTOR pursuant to these Specifications shall be deemed to have been properly sent when mailed to the CONTRACTOR at the address provided on the bid form . 7 . 2 Notices to the County shall be deemed to have been properly sent when mailed to the Indian River County Public Works Department, 1840 25th Street, Vero Beach, Florida 32960 , 8 . 0 DISPUTE 8 . 1 Except as otherwise provided in this contract , any dispute concerning a question of fact or of interpretation of a requirement of the contract which is not disposed of by mutual consent between the parties shall be decided by the Public Works Director, who shall reduce the decision to writing and furnish a copy thereof to the parties . In connection with any dispute proceeding under this clause, the party shall be afforded an opportunity to be heard and to offer evidence in support of its version of the facts and interpretation of the contract . F :\Public Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 15 of 58