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ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and <br />North Miami Beach Distribution System Watermain Replacements <br />insurance certificatesto the CITYat a minimum of thirty (30)calendar days in <br />advance of such expiration. In the event that expired certificates are not replaced <br />with new or renewed certificates that cover the contractual period, the CITY shall: <br /> <br />A. Suspend the Agreement until such time as the new or renewed <br />certificates are received by the CITY. <br /> <br />B. The CITY may, at its sole discretion, terminate the Agreement for cause <br />and seek damages from the CONTRACTOR in conjunction with the violation <br />of the terms and conditions of the Agreement. <br /> <br /> <br />ARTICLE11- WARRANTY AND GUARANTEE,TESTSAND INSPECTIONS, CORRECTION, <br />REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK <br />11.1 Warranty: The CONTRACTOR warrants and guarantees to the CITY that all Work will be in <br />accordance with the Contract Documents and will not be defective. Prompt notice of all <br />defects shall be given to the CONTRACTOR. All defective work, whether or not in place, may <br />be rejected, corrected or accepted as provided in this Article. <br />11.1.1 Warranty of Title: The CONTRACTOR warrants to the CITY that it possesses good, <br />clear and marketable title to all equipment and materials provided and that there <br />are no pending liens, claims or encumbrances against the equipment and <br />materials. <br />11.1.2 Warranty of Specifications: The CONTRACTOR warrants that all equipment, <br />materials and workmanship furnished, whether furnished by the CONTRACTOR, its <br />subcontractors or suppliers, will comply with the specifications, drawings and <br />other descriptions supplied or adopted and that all services will be performed in a <br />workmanlike manner. <br />11.1.3 Warranty of Merchantability: The CONTRACTOR warrants that any and all <br />equipment to be supplied pursuant to this Agreement is merchantable, free from <br />defects, whether patent or latent in material or workmanship, and fit for the <br />ordinary purposes for which it is intended. <br />11.2 Tests and Inspections: The Contactor shall give the Project Manager timely (minimum of <br />thirty-six (36) hours) notice of readiness of the Work for all required inspections, tests, <br />or approvals. <br />11.2.1 If any law, ordinance, rule, regulation, code or order of any public body having <br />jurisdiction requires any Work (or part thereof) to specifically be inspected, <br />tested or approved, the CONTRACTOR shall assume full responsibility, pay all costs <br />in connection therewith and furnish the Project Manager the required certificates <br />of inspection, testing or approval. The CONTRACTOR shall also be responsible <br />for and shall pay all costs in connection with any inspection or testing required <br />in connection with the CITY’s acceptance of a manufacturer, fabricator, supplier <br />or distributor of materials or equipment submitted for approval prior to the <br />CONTRACTOR’s purchase thereof for incorporation of the Work. <br />PAGE 21OF 38 <br /> <br />