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114 of SUPS W <br />If required by City, Contractor shall promptly, as directed and at its sole expense, either correct all <br />defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected <br />by City, remove it from the site and replace it with non -defective Work. Contractor shall bear all <br />direct, indirect and consequential costs of such correction or removal (including but not limited to <br />fees and charges of engineers, architects, attorneys and other professionals) made necessary <br />thereby. <br />2.25 CHANGE ORDER <br />The Contract may only be changed by a Change Order approved by the City. Any <br />increase or decrease in the Contract Price or adjustment in the Contract Time shall be based <br />on written notice by the Contractor delivered promptly to the City (but in no event later than <br />seven (7) days) after the acknowledgement or occurrence of the event giving rise to the claim <br />and stating the general nature of the claim. Within fourteen (14) days thereafter, notice of the <br />amount of the claim with all supporting data shall cover all amounts (direct, indirect and <br />consequential) to which the claimant is entitled as a result of the occurrence of said event. All <br />claims for adjustment in the Contract Price or Contract Time shall be determined by the City. <br />Contractor acknowledges and agrees that no claim for an adjustment in the Contract Price or <br />Contract Time will be valid or enforceable if not submitted in strict accordance with this <br />paragraph. <br />The value of any Work covered by a Change Order or of any claim for an increase or <br />decrease in the Contract Price or Contract Time shall be determined by: 1) mutual <br />acceptance of a lump sum (which may include an allowance for overhead and profit) or 2) by <br />application of unit prices contained in the Contract Documents to the quantities of the items <br />involved. The City shall decide, in its sole discretion, whether to issue and agree to a Change <br />Order, and verbal representations or instructions may not be relied upon by the Contractor. <br />2.26 GUARANTEES <br />No guarantee or warranty is given or implied by the City as to a minimum or total amount <br />of services that may or may not be purchased from any resulting contract or award. The <br />quantities and frequencies provided herein are for proposal purposes only and will be used for <br />tabulation and presentation of the bid. The City reserves the right to increase or decrease <br />service quantities and frequencies, as deemed necessary to serve the best interests of the <br />City. <br />2.27 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM <br />In addition to any manufacturer's warranties, Contractor warrants and guarantees to the City that <br />all work will be in strict accordance with the Contract Documents and will not be defective. All <br />defective Work, whether or not in place, may be rejected, corrected or accepted as provided <br />below. <br />2.27.1 Correcting Defects Covered Under Warranty <br />The Contractor shall be responsible for promptly correcting any deficiency, at no cost to <br />the City, within seven (7) calendar days after the City notifies the Contractor of such <br />City of Sunny Isles Beach I RFP Design -Build Newport Fishing Pier Pavilion Shade Structure 19-11-02 <br />