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2.15 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION <br />BASED ON PRICE QUOTES: <br />(section not applicable) <br />2.16 SAMPLES MAY BE REQUIRED DURING EVALUATION <br />After the City opens the Bids, bidders may be required to submit a representative sample for the <br />goods to be supplied for evaluation by, and at no cost to the City. <br />On the basis of this analysis, the City shall be sole judge of the acceptability of the sample in <br />conformance with the bid specifications and its decision shall be final. Any sample submitted <br />shall create an express warranty that the whole of the goods and/or services to be provided by <br />the bidder during the contract period shall conform to the sample submitted. The bidder <br />shall be required to provide adequate restitution to the City, in the manner prescribed by <br />the City, if this warranty is violated during the term of the contract. <br />2.17CORRECTION OR REMOVAL OF DEFECTIVE WORK <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 />2.18 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 />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 />City of Sunny Isles Beach |Invitation to Bid No. 20-09-01 15 <br /> <br />