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-- 4. ' CITY OF SUNNY ISLES BEACH = 18070.Collins Avenue , • Sunny Isles Beach, Florida`33160 ' s�"�"` SF, 305.947.060_6 www,s,bFInet tJs`b �: C, ' 410 Of SUN P damages in the amount of for each and every calendar day the work remains incomplete. As compensation due the City for loss of use and for additional costs incurred by the City due to such non-completion of the work, the City shall have the right to deduct the said liquidated damages from any amount due, or that may become due to the vendor under this agreement, or to invoice the vendor for such damages if the costs incurred exceed the amount due to the fault of the vendor. The amount of of liquidated damages is $500 per calendar day. 2.16 WARRANTY SHALL BE TEN YEARS FROM DATE OF ACCEPTANCE A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of ten (10) years after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full ten (10) year period; regardless of whether the bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within 7 calendar days after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within 7 calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 2.17 GUARANTEE AGAINST DEFECTS SHALL BE 90 CALENDAR DAYS The vendor shall, in addition to all other guarantees, be responsible for faulty labor and defective material and equipment within a period of 90 calendar days after date of acceptance of the labor, material and/or equipment by the City. The vendor shall promptly correct these deficiencies, without cost to the City, within 10 calendar days after the City notifies the vendor of such deficiencies in writing. Payment in full for the work does not constitute a waiver of guarantee. 2.18 ACCEPTANCE OF PRODUCT BY THE CITY The product(s) to be provided hereunder shall be delivered to the City, and maintained if applicable to the contract, in full compliance with the specifications and requirements set forth in this contract. If a vendor-provided product is determined to not meet the specifications and City of Sunny Isles Beach !Request for Proposal No 12-10-03 15. -