RFP 19-11-02 Design-Build Newport Fishing Pier Pavilion Shade Structure

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City of Sunny Isles Beach | RFP Design-Build Newport Fishing Pier Pavilion Shade Structure 19-11-02 19 deficiency in writing. If the Contractor fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Contractor in default of its contract, and/or (b) procure the products or services from another source and charge the Contractor for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 2.27.2 Owner May Stop the Work If the Work is defective or Contractor fails to supply sufficiently skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will strictly conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. However, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor or any other party. 2.28 ONE YEAR CORRECTION PERIOD In the event any work is found to be defective within one year after the date of Final Completion, Contractor shall promptly, without cost to City and in accordance with City’s written instructions, either correct such defective Work, or, if it has been rejected by City, remove it from the site and replace it with non-defective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be promptly paid by Contractor. Nothing in this RFP or the Contract shall be construed as a limitation on any right or remedy for breach of the Contract or defects in the Work. All rights set forth herein and in the Contract shall be deemed cumulative and in addition to any rights or remedies which may be afforded by Florida law. 2.29 FRAUD AND MISREPRESENTATION The City may terminate this Contract based on any attempt by the Contractor to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement. Should this occur the Contractor will be responsible for all direct or indirect costs associated with termination or cancellation of the Contract. 2.30 PUBLIC RECORDS LAW The City is subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of confidentiality or proprietary information in all or any portion of a response will be honored unless a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed exemption does not disqualify the firm, only the exemption claimed. Contractor acknowledges the public shall have access at all reasonable times, to all documents and information pertaining to City’s contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosures under applicable law.