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Cdty of sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />properly approved and authorized, may be considered defective. If required by City <br />or its designee, Contractor shall furnish satisfactory evidence as to the kind and <br />duality of materials and equipment. Manufacturer materials shall be warranted for a <br />minimum period of ten (10) years from the date Services are complete. This warranty <br />is not limited by any other provisions within this Agreement. <br />18.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All <br />warranties, expressed and/or implied, shall be given to the City for all material and <br />equipment covered by this Agreement. All material and equipment furnished shall <br />be fully guaranteed by the Contractor against factory defects and workmanship. At <br />no expense to the City, the Contractor shall correct any and all apparent and latent <br />defects that are required under state or federal law. <br />19. DEFECTITE WCAItK <br />19.1 The City or its designee steal I have the authority to reject or disapprove work which <br />is found to be defective, If defective work is found, Contractor shall promptly either <br />correct all defective work or remove such defective work and replace it with non - <br />defective work. Contractor shall bear all direct and indirect costs of such removal <br />or corrections including cost of testing laboratories and personnel. <br />19.2 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 incurred <br />by the City in making such removals, oorrectlons or repairs, shall be paid for out of <br />any monies due or which may become due to Contractor. In the event of failure of <br />Contractor to make!all necessary repairs promptly and fully, which Is not cured In the <br />cure period, the City may declare Contractor in default. <br />19.3 If, within one (1) year after the date of completion of labor or within ten (10) years <br />for materials or such longer period of time as may be prescribed by the terms of <br />any applicable special warranty required by the Contract Documents, or by any <br />specific provision(s) of this Agreement, any of the work is found to be defective or <br />not in accordance with this Agreement, Contractor, after receipt of written notice from <br />the City or its designee, shall promptly correct such defective or nonconforming work <br />within the time specified by the City without costto the City. Nothing contained herein <br />shall be construed to establish a period of limitation with respect to any other <br />obligation which Contractor might have under this Agreement including but not <br />limited to any claim regarding latent defects. <br />19.4 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 acceptance. <br />2419-5737 Enviww%le Services Group, Inc 9 <br />