ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services

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City of Sunny Isles Beach | ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services 16 subcontracting any portion of specialized grounds maintenance work. 1.53 CONSULTANT SERVICES: The City, at its sole discretion may hire a Consultant who may serve the City’s representative for the Project. Where a Consultant has been identified, the Consultant and the Project Manager will both have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 1.54, Authority of the Project Manager, where such authority has been delegated in writing by City Manager. 1.54 AUTHORITY OF THE PROJECT MANAGER(S): The City Manager hereby authorizes the Project Manager(s) to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under the Contract Documents. The Project Manager may delegate some of the authority contained in the Article to the Consultant. The Contractor is bound by all determinations or orders of the Project Manager(s) and must promptly respond to requests of the Project Manager(s), including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager’s determination or requests. Where requests are made orally, the Project Manager(s) will follow up in writing, as soon thereafter is practicable. The Project Manager(s) and Consultant have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor will be issued through the City Manager or designee or the Project Manager. The Project Manager(s) will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. All interpretations and recommendations of the Project Manager(s) and Consultant will be consistent with the intent of the Contract Documents. Interpretation of the Contract terms and conditions will be issued by the City’s Procurement Manager. The Project Manager(s) and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in their opinion, it is considered necessary or advisable to ensure the proper completion of Work the Project Manager or Consultant have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. The Project Manager’s authority to act under this paragraph, or any decision made in good faith either to exercise or not to exercise such authority, give rise to any duty or responsibility of the Project Manager to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. The Project Manager is not responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 1.55 HURRICANE PREPAREDNESS: During such time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. In the event of a severe weather event, the City must be a priority client to the Contractor. At a minimum, Contractor must respond to the City’s request in accordance with its Emergency Response Plan under Article 2.34. 1.56 TIME FOR COMPLETION: Time is of the essence with regard to completion of the Work to be performed under the Contract. Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis. Delays and extensions of time may be allowed only in accordance with the provisions of the Contract. The time allowed for completion of the work will be stated in the Bid. End of Section