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<br /> disposed of at an EPA and/or City approved dump site. Each May 15t, the Contractor shall submit,
<br /> for City approval, an Emergency Response Plan specifically relating to manpower, equipment and
<br /> scheduling in accordance with Article 2.39.
<br /> 2.42 UNSATISFACTORY WORK TO BE CORRECTED BY THE CONTRACTOR
<br /> The Contractor shall promptly correct all apparent and latent deficiencies and/or defects in work,
<br /> and/or any Unsatisfactory Work that fails to conform to the contract documents regardless of
<br /> project completion status. If Unsatisfactory Work is identified, through planned, random or
<br /> unannounced inspections, or any other circumstance through which the City becomes aware of
<br /> non-Compliant Work, the 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 Non-Compliant Work are verbally reported to the Contractor by the City's Project
<br /> Manager(s),who may confirm all such verbal reports in writing. The Contractor shall bear all costs
<br /> of correcting such rejected work. If the Contractor fails to correct the work within the period
<br /> specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor is
<br /> subject to contractual default provisions if the corrections are not completed to the satisfaction of
<br /> the City within one (1) business day of receipt of the notice. If the Contractor fails to correct the
<br /> work within the period specified in the notice, the City may place the Bidder in default.
<br /> In addition to random or unannounced inspections, the City will conduct planned inspections, one
<br /> for parks and facilities and one for rights-of-way each month, which will be conducted prior to the
<br /> Contractor submitting its monthly invoice. The City may provide the Contractor an opportunity to
<br /> correct any Non-Compliant Work or the City will withhold payment or assess a payment reduction
<br /> for the Unsatisfactory Work.
<br /> When either planned or unplanned inspection efforts identify Non-Compliant Work or Unsatisfactory
<br /> Work, the Contractor will be notified per the procedure set forth above and the City will conduct a
<br /> subsequent inspection to ensure compliance. The City will incur additional administrative expenses
<br /> for the additional time required to re-inspect Contractor Work. The City will assess a payment
<br /> reduction of $250.00 for parks and facilities re-inspection and $250.00 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 /> 2.43 TERMINATION FOR CONVENIENCE
<br /> This agreement may be terminated by the City without cause upon ten (10) day written notice to
<br /> the Contractor. In the event of such a termination without cause, the Contractor shall be
<br /> compensated for all services performed to the City's satisfaction and prior to the effective date of
<br /> termination.
<br /> 2.44 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER
<br /> Unless otherwise provided in Section 3 entitled "Performance Standards and Technical
<br /> Specifications", of this solicitation the Bidder shall furnish all labor, material, equipment and
<br /> supplies necessary for satisfactory contract performance. When not specifically identified in the
<br /> City of Sunny Isles Beach I ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services 37
<br /> Lukes' Landscaping, Inc.
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