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lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5.MULTIPLE CONTRACTORSV. Contractor acknowledges that _the City has awarded Services to multiple Contractors (primary and secondary) as available, by line item, by group, or in its entirety. The City will utilize Contractors in order of award:The City may utilize other Contractors in the event that: 1) a Contractor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. In the event that one Contractor (primary or secondary) is deemed to be performing unsatisfactorily as determined by the City, the City may opt to award Services to a Contractor performing to City's approval. 6. PENALTIES FOR RE-INSPECTION. The Contractor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any Unsatisfactory Work that fails to conform to the contract documents regardless of project completion status. If Unsatisfactory Work is identified, through planned, random or unannounced inspections, or any other circumstance through which the City becomes aware of Non-Compliant Work, the Contractor will be notified within two (2) business days. All corrections shall be made within two (2) business days after such rejected defects, deficiencies, and/or Non-Compliant Work are verbally reported to the Contractor by the City's Project Manager(s), who may confirm all such verbal reports in writing. The Contractor shall bear all costs of correcting such rejected work. If the Contractor fails to correct the work within the period specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within one (1) business day of receipt of the notice. In addition to random or unannounced inspections, the City will conduct planned inspections for parks and recreational facilities each month which will be conducted prior to the Contractor submitting its monthly invoice. The City may provide the Contractor an opportunity to correct any Non-Compliant Work or the City will withhold payment or assess a.payment reduction for the Unsatisfactory Work. When either planned or unplanned inspection efforts identify Non- Compliant Work or Unsatisfactory Work, the Contractor will be notified per the procedure set forth above and the City will conduct a subsequent inspection to ensure compliance. The City will incur additional administrative expenses for the additional time required to re-inspect Contractor Work. The City will assess against the Contractor a payment reduction of Two Hundred Fifty Dollars ($250.00) for parks and recreational landscape re-inspection to cover the administrative expenses associated with each re-inspection effort; such reduction will be in addition to other payment reductions that may apply per the Contract. 7.PERFORMANCE AND PAYMENT BOND. The City of Sunny Isles Beach requires Contractor furnish a Performance and Payment Bond in the amount of 100%of the total Basic Services"recurring monthly of the extended total as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after notification of the award by the City. The bonds shall be with a surety company authorized to do business in the State of Florida. The Bond(s) shall not contain a provision allowing the Surety(ies) to cancel the Bonds prior to the • completion of the Contract, including any optional renewal periods. 102-1012 LUKES LANDSCAPING. INC 3