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2003-309
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Last modified
11/29/2016 2:22:58 PM
Creation date
9/30/2015 7:03:59 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/18/2003
Control Number
2003-309
Agenda Item Number
7.T.
Entity Name
Mid-State Mechanical of Vero Beach,Inc.
Subject
Chiller Replacement - Administration Building
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3501
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, <br /> Assignment of Contract: The County reserves the right to terminate a contract by giving thirty (30) <br /> days notice in writing , of the intention to terminate if at any time the CONTRACTOR fails to abide <br /> by or fulfill any of the terms and conditions of the contract . The County also reserves the right to <br /> terminate this contract for the convenience of the County , and/or with or without cause . <br /> Fiscal Non -Funding : In the event sufficient budgeted funds are not available for a new fiscal <br /> period, the County shall notify the vendor of such occurrence , and the contract shall terminate <br /> on the last day of the current fiscal period without penalty or expense to the County . <br /> Liens: Before the final acceptance of the work and payment by the OWNER , the CONTRACTOR <br /> shall furnish to the OWNER proper satisfactory evidence , under oath , that all claims for labor and <br /> materials employed or used in the construction of said work have been settled and no legal claim can <br /> be filed against the OWNER for such labor and materials . If such evidence is not furnished to the <br /> OWNER , such amounts as may be necessary to meet the unsatisfied claims may be retained from <br /> moneys due to the CONTRACTOR under this contract until the liability shall be fully discharged . <br /> CONDUCT OF THE WORK <br /> All parts and materials to be permanently installed shall be new and of the most suitable grade for the <br /> purpose intended. Equipment shall be modern , in good condition , and of adequate size and proper <br /> type to perform the duty required. <br /> Defective Work And Materials. <br /> All materials furnished or work done , when not in accordance with the intent of these <br /> Specifications , shall be rejected and shall be removed immediately and replaced by suitable <br /> and satisfactory work and materials . Failure to reject any defective work or materials will not <br /> prevent later rejection when such a defect is discovered and shall not relieve the <br /> CONTRACTOR of his obligation to fulfill his contract even though such work and materials <br /> have been previously inspected by the OWNER and accepted ; it shall not obligate the OWNER <br /> to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering <br /> damages from work actually shown to be defective within a one ( 1 ) year period after the final <br /> acceptance . <br /> If the CONTRACTOR fails to remove any defective work or materials , the OWNER shall have <br /> the right to stop work and remedy the cause at the expense of the CONTRACTOR . <br /> If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the <br /> right to retain such work and an equitable deduction shall be made in the Contract price . <br /> Damage to the Work. Until final acceptance of the work by the OWNER , it shall be under the charge <br /> and care of the CONTRACTOR and he shall take every necessary precaution against injury or <br /> damage to the work by the action of the elements , or from any other cause whatsoever. <br /> The <br /> CONTRACTOR shall rebuild, repair, restore and make good, at his own expense , damages to any <br /> portion of the work before its completion and acceptance . <br /> Page 11 of 48 <br />
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