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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 />obligation under this warranty shall be at its own cost and expense, to promptly <br />repair or replace (including cost of removal and installation), that item (or part or <br />component thereof) which proves defective or fails to comply with the Agreement <br />within the warranty period such that it complies with the Agreement. <br />9.2 Contractor warrants to the City that all materials and equipment furnished under <br />this Agreement will be new unless otherwise specified and will be of good <br />quality, free from faults and defects and in conformance with the Agreement. All <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 Any warranty required or received from a subcontractor, manufacturer, or supplier <br />is herein assigned and provided by the Contractor to the City effective immediately <br />upon completion of Services. All warranties, expressed and/or implied, shall be <br />given to the City for all material and equipment covered by this Agreement. All <br />material and equipment furnished shall be fully guaranteed by the Contractor <br />against factory defects and workmanship. At no expense to the City, the <br />Contractor shall correct any and all apparent and latent defects that are required <br />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 fully, 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 />C.T. MECHANICAL CO. <br />153 <br />