RE-BID ITB # 23-10-01 JOINT PROCUREMENT CENTRAL ISLAND

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CITY OF SUNNY ISLES BEACH CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net |Purchasing@sibfl.net 305.792.1707 | sibfl.net | Purchasing@sibfl.net In addition to any manufacturer’s warranties, Contractor warrants and guarantees to the Citythat 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. 2.31.1 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. 2.31.2 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. 2.32 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 the Cities and in accordance with their written instructions, either correct such defective Work, or, if it has been rejected by the Cities, 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 ITB 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. 2.33 FRAUD AND MISREPRESENTATION The Cities may terminate this Contract based on any attempt by the Contractor to meet its contractual obligations with the Cities 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. 2.34 PUBLIC RECORDS LAW The Cities are 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 Re-bid City of Sunny Isles Beach & NMB Water| Drainage Improvements & Watermain Replacement 23