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

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ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and North Miami Beach Distribution System Watermain Replacements 11.2.2All inspections, tests or approvals other thanthose requiredby law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by the CITY or by a professional testing firm designated by the CITY. The CITY will pay for sampling and testing if the test results are passing. The CONTRACTOR will reimburse the CITY for sampling, testing, and retesting costs associated with failing tests. 11.2.3 Neither observations by the Project Manager nor inspections, tests or approvals by others shall relieve the CONTRACTOR from his obligations to perform the Work in accordance with Contract Documents. 11.3 Uncovering Work: If any work that is to be inspected, tested or approved is covered without approval or consent of the Project Manager, it must, if requested by the Project Manager, be uncovered for observation and/or testing. Such uncovering and replacement shall be at the CONTRACTOR’s sole expense unless the CONTRACTOR has given the Project Manager timely notice of the CONTRACTOR’s intention to cover such Work and the Project Manager has not acted with reasonable promptness in response to such notice. 11.3.1 If the Project Manager considers it necessary or advisable that Work covered in accordance with Paragraph 11.2.1, 11.2.2 and 11.2.3 be observed by the CITY or inspected or tested by others, the CONTRACTOR at the CITY’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensatifor additional professional services, and an on appropriate deductive Change Order shall be issued. If, however, such work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection testing and reconstruction if he makes a claim therefore as provided in Articles 14 and 15. 11.4 CITY May Stop the Work: If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled supervisory personnel or workmen or suitable materials or equipment or the work area is deemed unsafe, the CITY may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of the CONTRACTOR or any other party. The CITY will not award any increase in Contract Price or Contract Time if the Work is stopped due to the circumstances described herein. 11.5 Correction or Removal of Defective Work Before Final Payment: If required by the Project Manager, the CONTRACTOR shall promptly, without cost to the CITY and as Specified by the Project Manager, either correct any defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by the CITY remove it from the site and replace it with non-defective Work. 11.6 One Year Correction Period After Final Payment: If within one (1) year after the date of PAGE 22OF 38