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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />Insurance required of the Contractor shall be primary to, and not contributory with, any insurance <br />or self-insurance maintained by the City. Such insurance shall not diminish Contractor's <br />indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies <br />authorized to do business under the laws of the State of Florida and acceptable to the City with a <br />minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is <br />performed, and at any time upon request, Contractor shall furnish to the City certificates of <br />insurance evidencing the minimum required coverage and shall be appropriately endorsed <br />for contractual liability, with the City named as additional insured. All policies shall contain <br />a waiver of subrogation endorsement. All policies shall contain a waiver of subrogation <br />endorsement. All policies and certificates shall be in forms and issued by insurance companies <br />acceptable to the City Manager or his designee. All insurance policies and certificates of insurance <br />shall provide that the policies may not be canceled or altered without thirty (30) days prior written <br />notice to the City. The City reserves the right from time to time to change the insurance coverage <br />and limits of liability required to be maintained by Contractor hereunder. Contractor shall also <br />require and ensure that each of its sub -Contractor providing services hereunder (if any) procures <br />and maintains, until the completion of the services, insurance of the types and to the limits specified <br />herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS <br />SECTION MUST BE APPROVED IN WRITING BY THE CITY. <br />8. PENALTIES FOR UNSATISFACTORY WORK. Contractor shall promptly correct all <br />apparent and latent deficiencies and/or defects in work, and/or any unsatisfactory work that fails <br />to conform to the Contract Documents regardless of completion status of the Services <br />("Unsatisfactory Work"). If Unsatisfactory Work is identified, through planned, random or <br />unannounced inspections, or any other circumstance through which the City becomes aware of <br />Unsatisfactory Work, Contractor will be notified in writing within two (2) business days. All <br />corrections shall be made within two (2) business days after such rejected defects, deficiencies, <br />and/or Unsatisfactory Work are verbally reported to Contractor by the City, who may confirm all <br />such verbal reports in writing. Contractor shall bear all costs of correcting such work. If Contractor <br />fails to correct the Unsatisfactory Work within the period specified, the City may, at its discretion, <br />notify Contractor, in writing, that Contractor is subject to default if the corrections are not <br />completed to the satisfaction of City within one (1) business day of receipt of the notice. If <br />Contractor fails to correct the work within the period specified in the notice, City may place <br />Contractor in default. <br />In addition to random or unannounced inspections, City will conduct planned inspections each <br />month, which will be conducted prior to Contractor submitting its monthly invoice. When either <br />planned or unplanned inspection efforts identify Unsatisfactory Work, Contractor will be notified <br />per the procedure set forth above and City will conduct a subsequent inspection to ensure <br />compliance. City will incur additional administrative expenses for the additional time required to <br />re -inspect Contractor's work. Upon failure of Contractor to complete the work within the time <br />specified for final completion, City shall impose deductions to Contractor's invoice. A report shall <br />be provided to Contractor in the form provided in the Contract Documents along with the <br />unsatisfactory inspection notice. The deductions which may be made under this Agreement <br />include, but are not limited to, those items set forth below with the corresponding penalty: <br />BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 5 of 19 235 <br />