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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 />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 />DEFECTIVE WORK <br />8.1 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 />8.2 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 fully, which is not <br />cured in the cure period, the City may declare Contractor in default. <br />8.3 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 seven (7) calendar <br />days 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 />8.4 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. In no event shall the failure of the City or its designee to bring to the <br />attention of the Contractor of such faults act as a waiver or release the Contractor <br />from responsibility or liability for such fault, defect or non - conforming work. <br />9. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an <br />independent contractor and shall be treated as such for all purposes. Nothing contained in this <br />Agreement or any action of the parties shall be construed to constitute or to render the Contractor <br />an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br />independent contractor other than those obligations which have been or shall have been undertaken <br />by the City. Contractor shall be responsible for any and all of its own expenses in performing its <br />duties as contemplated under this Agreement. The City shall not be responsible for any expense <br />