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with the prior written approval of the City. If the City disputes any charges on the invoices, it <br />may make payment of the uncontested amounts and withhold payment on the contested amounts <br />until they are resolved by agreement with Contractor. Contractor shall not pledge the City's <br />credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, <br />lien, or any form of indebtedness. The Contractor further warrants and represents that it has no <br />obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. <br />5.MULTIPLE CONTRACTORS. Contractor acknowledges that the City has <br />awarded Services to multiple Contractors (primary and secondary) as available, by line item, by <br />group, or in its entirety. The City will utilize Contractors in order of award. The City may utilize <br />other Contractors in the event that: 1) a Contractor is not or is unable to be in compliance with <br />any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of <br />reason. In the event that one Contractor (primary or secondary) is deemed to be performing <br />unsatisfactorily as determined by the City, the City may opt to award Services to a Contractor <br />performing to City's approval. <br />6.PENALTIES FOR RE-INSPECTION. The Contractor shall promptly correct all <br />apparent and-latent deficiencies and/or defects in work, and/or any Unsatisfactory Work that <br />fails to conform to the contract documents regardless of project completion status. If <br />Unsatisfactory Work is identified, through planned, random or unannounced inspections, or any <br />other circumstance through which the City becomes aware of Non-Compliant Work, the <br />Contractor will be notified within two (2) business days. All corrections shall be made within <br />two (2) business days after such rejected defects, deficiencies, and/or Non-Compliant Work are <br />written and/or verbally reported to the Contractor by the City's Project Manager(s), who may <br />confirm all such verbal reports in writing. The Contractor shall bear all costs of correcting such <br />rejected work. If the Contractor fails to correct the work within the period specified, the City <br />may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to <br />contractual default provisions if the corrections are not completed to the satisfaction of the City <br />within one (1) business day of receipt of the notice. <br />In addition to random or unannounced inspections, the City will conduct planned inspections for <br />rights-of-way each month which will be conducted prior to the Contractor submitting its monthly <br />invoice. The City may provide the Contractor an opportunity to correct any Non-Compliant <br />Work or the City will withhold payment or assess a payment reduction for the Unsatisfactory <br />Work. When either planned or unplanned inspection efforts identify Non-Compliant Work or <br />Unsatisfactory Work, the Contractor will be notified and the City will conduct a subsequent <br />inspection to ensure compliance. The City will incur additional administrative expenses for the <br />additional time required to re-inspect Contractor Work. The City will assess against the <br />Contractor a payment reduction of Two Hundred Fifty Dollars (5250.00) for rights-of-way re- <br />inspection to cover the administrative expenses associated with each re-inspection effort; such - <br />reduction will be in addition to other payment reductions that may apply per the Contract. <br />7.PERFORMANCE AND PAYMENT BOND. The City of Sunny Isles Beach <br />requires Contractor furnish a Performance and Payment Bond in the amount of 100%of the total <br />Basic Services"recurring monthly of the extended total as security for the faithful performance <br />of the Contract and for the payment of all persons performing labor or furnishing materials in <br />connection herewith within ten (10) calendar days after notification of the award by the City. <br />099-1012 LUKES LANDSCAPING, INC. <br />3