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1 <br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 <br /> (305)947-0606 phone(305)949-3113 Fax <br /> Performance and Payment Bond shall continue in effect through the Agreement term. The bonds <br /> shall be with a surety company authorized to-do business in the State of Florida and having been <br /> in business with a record of successful continuous operation for at least five(5)years. <br /> The Performance Bond shall guarantee all work and materials furnished,under the Agreement <br /> • <br /> including losses resulting from defects in the materials or improper performance of Services under <br /> the Agreement that may appear or be discovered during performance of the Services or during any <br /> applicable warranty period after completion of all Services, and for latent defects, during the time <br /> periods set forth in section 95.11(3)(c), Florida Statutes. The Payment Bond shall stay in effect <br /> until the time required by section 255.05, Florida Statutes, for the making of claims under such <br /> Bond,or when all claimants submitting valid claims have been paid,whichever is later. <br /> 21. DEFECTIVE WORK <br /> 21.1 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 /> 21.2 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 /> 21.3 If, within one (1) year after the date of completion of labor or within ten (10) <br /> years for materials or such longer period of time as may be prescribed by the <br /> terms of any applicable special warranty required by the Contract Documents, or <br /> by any specific provision(s) of this Agreement, any of the work is found to be <br /> defective or not in accordance with this Agreement,Contractor, after receipt of written <br /> notice from the City or its designee, shall promptly correct such defective or <br /> nonconforming work within the time specified by the City without cost to the City. <br /> Nothing contained herein shall be construed to establish a period Of limitation <br /> with respect to any other obligation which Contractor might have under this <br /> Agreement including but not limited to any claim regarding latent defects. <br /> 21.4 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. <br /> -(1•014 <br /> 2020-7328 Tadeo Engineering,LLC <br /> g g. <br /> 10 <br />