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<br />City of Sunny Isles Beach | Invitation to Bid No. North Bay Road Drainage Improvements 18-04-01 19 <br /> <br />2.29 DELIVERY & PROTECTION OF MATERIAL AND EQUIPMENT <br /> <br />All material must be F.O.B. destination. The Contractor is solely liable and responsible for the <br />purchase, delivery, and installation of all materials and equipment. The contractor will make all <br />arrangements for delivery. Contractor will be solely liable for receiving, inspecting, accepting, and <br />replacing any damaged materials or equipment and filing any and all claim with suppliers or <br />transporters. Contractor is responsible for the protection of all materials and equipment from <br />adverse weather conditions, damage, deterioration, and theft until the Work has bee n accepted by <br />the City. <br /> <br />2.30 CORRECTION OR REMOVAL OF DEFECTIVE WORK <br /> <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 /> <br />2.31 CHANGE ORDER <br /> <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 /> <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 /> <br />2.32 GUARANTEES <br /> <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