Specifications

Page 11 of 22
Revised 7/23/14
(4) Dredging Equipment Projects:
(4.1) If a contractor is to perform
work using equipment on
shoreline and vessel in the
water, USL&H and JA
insurance is required.
H. The Contractor assumes responsibility for
all injury to or destruction of or loss by
theft or pilferage of the Contractor's
materials, tools, machinery, equipment,
appliances, shoring, scaffolding, false and
form work and personal property of his
employees, from whatever cause.
I. If, at any time, the Contractor’s Surety or
Sureties, or the carriers of the insurance
herein specified to be written, become
insolvent or, in a reasonable judgment of
the County, become unsafe or unsound,
then upon five (5) days written notice from
the County to the Contractor, the
Contractor shall substitute such Surety or
insurance carrier with such other Surety or
carrier, as shall be satisfactory to the
County. Any additional premium caused
by such substitution shall be paid for by
the Contractor.
15. Delivery
A. No Products are to be shipped or
delivered until receipt of an official
Purchase
Order from the Commissioner.
B. Delivery must be made between the hours
of 9:00 a.m. and 3:30 p.m. as ordered and
in accordance with the terms of the
Contract unless otherwise indicated in the
Bid Documents. Deliveries should be
coordinated with the User Department.
C. Delivery time shall be computed in
calendar days from the order mailing date
on the Purchase Order.
D. Burden of proof of delay in receipt of
Purchase Order shall rest with the
Contractor. Any extension of time of
delivery must be requested in writing by
the Contractor and approved by the User
Department.
E. Products shall be securely and properly
packed for shipment, storage and stocking
in shipping containers and according to
accepted commercial practice, without
extra charge for packing cases, bailing, or
sacks. The container shall remain the
property of the County unless otherwise
specifically agreed to in the Contract.
F. The Contractor shall be responsible for
delivery of Products in good condition to
point of destination. Products delivered to
the User Department shall be the property
and sole responsibility of the Contractor
until such time the County accepts same.
G. Deliveries are subject to re-weighing at
destination by the County and where
applicable payment will be made on the
basis of the net weight of Products
delivered. Normal shrinkage may be
allowed in accordance with trade practice.
H. Deliveries of incorrect or faulty Products
will be rejected and returned to sender at
Contractor’s expense.
I. The County may withhold acceptance of,
or reject any goods which are found upon
examination, not to meet the specified
requirements. Upon written notification of
rejection, goods shall be removed by the
Contractor within ten (10) days of the
notification. Rejected goods left longer
than thirty (30) days will be regarded as
abandoned and the County shall have the
right to dispose of them as its own
property. On foodstuffs and drugs, no
written notice of rejection need be given:
upon verbal notice to do so, the Vendor
shall immediately remove and replace
rejected merchandise.
J. Inspections shall be made at the point of
delivery unless otherwise specified. Any
food, drug or other perishable Product
which is found to be unwholesome or
otherwise unfit for human consumption or
use shall not be removed by the
Contractor until it is examined by the
Department of Health. If condemned,
such Products shall be disposed of as
provided by law.
K. All Products which are customarily labeled
or identified must have securely affixed
thereto the original unmutilated label or
marking of the manufacturer.
L. Notwithstanding the form of shipment, title
or other property interest, risk of loss shall
not pass from the Contractor to the User
Department until the Products have been
received, inspected and accepted by the
receiving entity. Mere acknowledgment by
User Department personnel of the delivery
or receipt of goods shall not be deemed or