ITB #23-03-01 JOINT PROCUREMENT CENTRAL ISLAND DRAINAGE

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City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain Replacement 22 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.28 CITY ENGINEER All communications and correspondence shall be directed to the City Engineer and appointed project manager. The supervision of the execution of this Contract is vested in the Engineer, the Construction Manager and their instructions shall be carried into effect promptly and efficiently. The Engineer shall in all cases determine the amount, quality, fitness and acceptability of the work and materials to be paid for and shall decide finally and conclusively all questions or differences of opinion that may arise as to the interpretation of the Plans and Specifications or the fulfillment of the terms of the Contract. In the event of such a question or difference of opinion, the decision of the Engineer is to be a condition precedent to the Contractor’s right to receive any money for the work or the materials to which the question or difference of opinion relates. If the Contractor considers any work demanded of him/her to be outside the requirements of the Contract, or if they consider any decision or ruling of the Engineer to be unfair, they shall immediately, upon such work being demanded or ruling or decision being made, shall ask for written instructions or decisions from the Construction Manager, whereupon they shall proceed without delay to perform the work or conform to the decision or ruling. Beginning with the first day of this work, the Contractor and the Inspector shall fill out daily Time and Material Records for the work. Such records shall be signed by both parties. This documentation does not constitute acknowledgement for authorization to pay for this work. In the event that a claim for this work is approved by the City subsequent to the commencement of the work an accurate accounting of work shall be agreed upon by both parties upon completion of this work and will be paid for as work as provided in the Specifications by Allowance Account if funds are available, or by an approved Change Order by the Board of Commissioners. 2.29 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM In addition to any manufacturer’s warranties, Contractor warrants and guarantees to the City that all work will be in strict accordance with the Contract Documents and will not be defective. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided below. 2.29.1 Correcting Defects Covered Under Warranty The Contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within seven (7) calendar days after the City notifies the Contractor of such 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. 2.29.2 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.