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<br />3.1.3 The above warranties are not intended as a limitation, but are in addition to all other <br />express warranties set forth in this Contract and such other warranties as are implied by <br />law, custom, and usage of trade. The Contractor, and its surety or sureties, if any, shall <br />be liable for the satisfaction and full performance of the warranties set forth herein. <br />3.1.4 Neither the final payment nor any provision in the Contract Documents nor partial or <br />entire occupancy of the premises by the City, nor expiration of warranty stated herein, will <br />constitute an acceptance of Work not done in accordance with the Contract Documents <br />or relieve the Contractor of liability in respect to any responsibility for non-conforming <br />work. The Contractor shall immediately remedy any defects in the Work and pay for any <br />damage to other Work resulting there from upon written notice from the City. Should the <br />Contractor fail or refuse to remedy the non-conforming work, the City may perform, or <br />cause to be performed the work necessary to bring the work into conformance with the <br />Contract Documents at the Contractor's expense. <br /> <br />3.1.5 The Contractor agrees to defend, indemnify, and save harmless the City of Sunny Isles <br />Beach, their Officers, Agents, Employees and Volunteers, from and against all loss or <br />expense from any injury or damages to property of others suffered or incurred on account <br />of any breech of the aforesaid obligations and covenants. <br /> <br />3.2 Supervision and Construction Procedures <br /> <br />3.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and <br />attention. The Contractor shall be solely responsible for and have control over <br />construction means, methods, techniques, sequences, and procedures and for <br />coordinating all portions of the Work under the Contract. The Contractor shall supply <br />sufficient and competent supervision and personnel, and sufficient material, plant, and <br />equipment to prosecute the Work with diligence to ensure completion thereof within the <br />time specified in the Contract Documents, and shall pay when due any laborer, <br />Subcontractor of any tier, or supplier. <br /> <br />3.2.2 The Contractor, if an individual, shall give the Work an adequate amount of personal <br />supervision, and if a partnership or corporation or joint venture the Work shall be given an <br />adequate amount of personal supervision by a partner or executive officer, as determined <br />by the City's Representative. <br /> <br />3.2.3 The Contractor and each of its Subcontractors of any tier shall submit to the City such <br />schedules of quantities and costs, progress schedules, payrolls, reports, estimates, <br />records, and other data as the City may request concerning Work performed or to be <br />performed under the Contract. <br /> <br />3.2.4 The Contractor shall be represented at the site by a competent superintendent from the <br />beginning of the Work until its final acceptance. The superintendent for the Contractor <br />shall exercise general supervision over the Work and such superintendent shall have <br />decision making authority of the Contractor. Communications given to the <br />superintendent shall be binding as if given to the Contractor. <br /> <br />3.2.5 The Contractor shall establish and maintain a permanent bench mark to which access <br />may be had during progress of the Work, and Contractor shall establish all lines and <br />levels, and shall be responsible for the correctness of such. Contractor shall be fully <br />responsible for all layout work for the proper location of Work in strict accordance with the <br />Contract Documents. <br /> <br />3.2.6 The Contractor shall be responsible for repair of damage to property on or off the project <br />occurring during construction of project, and all such repairs shall be made to meet code <br />requirements or to the satisfaction of the City's Representative if code is not applicable. <br /> <br />9 <br />