Agmt 2010 Pacheco Brothers Gardening Inc

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(d) The right to withhold payment shall not be construed as a penalty but as an adjustment of payment to Contractor to recover City costs due to the failure of the Contractor to complete or comply with the provisions of these specifications. City has the right, but not the obligation, to use the funds retained to correct Contractor's deficiencies. The right of the City to withhold payment shall be in addition to any other remedies herein provided or available under applicable law, including the right to terminate the contract. (e) If in the opinion of the City there are repeated and/or frequent Contractor deficiencies, the contract may be terminated. Reduction in Scope -The City reserves the right to reduce the scope of work up to 50% of the total monthly bid. Should any reduction be necessary the contractor shall receive thirty (30) days notice. The remaining areas of contractor responsibility shall be paid at the rate bid by the contractor for those items. Any reduction in excess of 50% of total monthly bid shall be made within sixty (60) days notice. For reductions in excess of 50%, Contractor shall have the option to either accept the remaining items at their bid rate or to terminate the agreement. Notice of termination by Contractor under these circumstances shall be given to the city in writing at least forty-five (45) days before agreement termination. Communication with City Contractor shall designate one person as the representative of Contractor authorized to act on its behalf with respect to this specified work. The City of San Leandro, through a designated representative, shall make inspections on a weekly basis, or as often as necessary to insure that complete and continuous maintenance is fulfilled. In addition, the City may obtain the services of an approved horticultural specialist to inspect plantings and make recommendations for improvements in the maintenance program. Contractor shall be required to attend monthly meetings with City staff to review Contractor's performance and the condition of all maintenance areas. Dates and times of meetings shall be set by the City and the Contractor. These monthly meetings are not to substitute for Contractor's responsibility to regularly inspect areas. The Contractor shall submit weekly. inspection reports signed by the Contractor's representative that shows that all areas have been inspected that week, which areas are out of conformance with these specifications and the Contractor's plans for bringing the areas into specification conformance. The Contractor shall submit a written report each month stating all contract work completed. The report shall show the work completed during each week contract work was accomplished, and shall be submitted with and cover the same work as the Contractor's billing statement for the previous month's work. The report shall include documentation of irrigation checks and chemical applications. Failure to submit reports by the tenth of each month shall result in the Contractor forfeiting $500 from any amounts owed by the City.