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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 />12. WARRANTY OF GOODS & SERVICES. <br />12.1 The Contractor shall warrant the labor performed for a minimum period of five (5) <br />years from the date the Services are complete, including subcontract provided <br />services. This warranty shall be in addition to whatever rights the City may have <br />under state or federal law. The Contractor's obligation under this warranty shall be <br />at its own cost and expense, to promptly repair or replace (including cost of removal <br />and installation), that item (or part or component thereof) which proves defective <br />or fails to comply with the Agreement within the warranty period such that it <br />complies with the Agreement. <br />12.2 Contractor shall provide a five (5) year warranty on all materials, including <br />subcontract provided goods. Contractor warrants to the City that all materials and <br />equipment furnished under this Agreement will be new unless otherwise <br />specified and will be of good quality, free from faults and defects and in <br />conformance with the Agreement. All equipment and materials not conforming <br />to these requirements, including substitutions not properly approved and <br />authorized, may be considered defective. If required by City or its designee, <br />Contractor shall furnish satisfactory evidence as to the kind and quality of materials <br />and equipment. This warranty is not limited by any other provisions within this <br />Agreement.' <br />12.3 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 />13. DEFECTIVE WORK. <br />13.1 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 />13.2 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 />MBR CONSTRUCTION, INC. <br />