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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone(305) 949-3113 Fax <br /> quality, free from faults and defects and in conformance with the Agreement. AU <br /> equipment and materials not conforming to these requirements, including <br /> substitutions not properly approved and authorized,may be considered defective. <br /> If required by City or its designee, Contractor shall furnish satisfactory evidence <br /> as to the kind and quality of materials and equipment. This warranty is not limited <br /> by any other provisions within this Agreement. <br /> 9.3 Contractor shall provide to the City or its designee all manufacturers' warranties. <br /> All warranties, expressed and/or implied, shall be given to the City for all material <br /> and equipment covered by this Agreement, All material and equipment furnished <br /> shall be fully guaranteed by the Contractor against factory defects and <br /> workmanship. At no expense to the City, the Contractor shall correct any and <br /> all apparent and latent.defects that are required under state or federal law. <br /> 10. DEFECTIVE WORK. <br /> 10.1 The City or its designee shall have the authority to reject or disapprove work <br /> which is found to be defective. If defective work is found, Contractor shall <br /> promptly either correct all defective work or remove such defective work and <br /> replace it with non-defective work. Contractor shall bear all direct and indirect <br /> costs of such removal or corrections including cost of testing laboratories and <br /> personnel. <br /> 10.2 Should Contractor fail or refuse to remove or correct any defective work or to make <br /> any necessary repairs in accordance with the requirements of this Agreement <br /> within the time indicated in writing by the City Manager or its designee,the City <br /> shall have the authority to cause the defective work to be removed or corrected, or <br /> make such repairs as may be necessary at Contractor's expense. Any expense <br /> incurred by the City in making such removals,corrections or repairs, shall be paid <br /> for out of any monies due or which may become due to Contractor. In the event of <br /> failure of Contractor to make all necessary repairs promptly and frilly,which is not <br /> cured in the cure period, the City may declare Contractor in default. <br /> 10.3 If, within one (1) year after the date of completion of Services or such longer <br /> period of time as may be prescribed by the terms of any applicable special <br /> warranty required by the Contract Documents,or by any specific provision(s)of <br /> this Agreement, any of the work is found to be defective or not in accordance with <br /> this Agreement,Contractor,after receipt of written notice from the City or its designee, <br /> shall promptly correct such defective or nonconforming work within the time specified <br /> by the City without cost to the.City.Nothing contained herein shall be construed to <br /> establish a period of limitation with respect to any other obligation which <br /> Contractor might have under this Agreement including but not limited to any claim <br /> regarding latent defects. <br /> 10.4 Failure to reject any defective work or material shall not in any way prevent <br /> later rejection when such defect is discovered, or obligate the City to final <br /> acceptance. <br /> Team Contracti,l Iec_ 5 <br />