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<br />City of Sunny Isles Beach |Invitation to Bid No. 14-10-02 14 <br /> <br />The Proposer hereby acknowledges and agrees that all materials except where recycled content is <br />specifically requested, supplied by the proposer in conjunction with this solicitation and resultant <br />contract shall be new, warrantied for their merchantability , and fit for a particular purpose. In the <br />event any of the materials supplied to the City by the Proposer are found to be defective and do <br />not conform to specifications: (1) the materials may be returned to the proposer at the proposer’s <br />expense and the contract cancelled or (2) the City may require the proposer to replace the materials <br />at the proposer’s expense. <br /> <br />In the event that material is suspected by the City Representative of being reused or not new in <br />original packaging, the material may be rejected. The Proposer shall remove such material and <br />replace it at his/her cost and within the original schedule. No provisions or allotments for delays or <br />time extensions to the schedule as a result of “defective”, unacceptable material, or reused material <br />found shall be granted. <br /> <br /> <br />2.16 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A NOTICE TO PROCEED: <br />The Proposer shall neither commence any work, nor enter a City work premise, until a written <br />Notice to Proceed (NTP) directing the Proposer to proceed with the work has been received by the <br />Proposer from any authorized City manager or his designee representative; provided however, that <br />such notification shall be superseded by any emergency work that may be required in accordance <br />with provisions included elsewhere in this solicitation and resultant contract. <br /> <br />2.17 ACCIDENT PREVENTION AND BARRICADES: <br />Barricades, cones, construction fencing and temporary construction fencing, per City regulations <br />and other relevant requirements, shall be provided by the Proposer when work is performed in <br />areas traversed by persons or when deemed necessary by the City Manager or his designee at no <br />extra cost to the City. <br /> <br />Proposer shall comply with regulations and permit requirements for the placement of proper <br />fencing. Precautions shall be exercised at all times for the protection of persons and property. <br />Proposer shall conform to all relevant OSHA, State and City regulations during the course of such <br />effort. Any fined levied by the above mentioned authorities for failure to comply with thes e <br />requirements shall be borne solely by the responsible Proposer. <br /> <br />2.18 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM: <br />2.18.1 Type of Warranty Coverage Required <br />Successful proposer shall provide a copy of written warranty certificates with each project <br />contract, unless otherwise indicated by the City. Failure to meet this requirement may <br />result in the offer being deemed non-responsive. The warranty supplied by the Proposer <br />shall remain in force for the full period identified by the Proposer, regardless of whether <br />the Proposer is under contract with the City at the time of the defect. Any payment by the <br />City on behalf of the goods or services received from the Proposer does not constitute a <br />waiver of these warranty provisions. Proposer’s warranties shall be one (1) year fr om final