Agmt 2012 Pacheco Brothers Gardening Inc

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In addition, the Contractor shall adhere to the City's Temporary Traffic Control (TTC) Procedures for all work to be performed within a public right -of -way. Payment Payment for all services shall be made based on the Monthly Maintenance bid price. Contractor shall submit an invoice for services rendered in the prior month. Invoices shall be paid by the City within 30 days of receipt The City will pay only once for spraying, regardless of the number of spray applications necessary to control weed growth as described in these specifications. In other words, if property requires several applications of pre- emergent and/or systemic sprays in order to control weeds as described herein, the City shall make only one payment, based on the Monthly Maintenance bid price, regardless of the number of spray applications performed. The City may deduct from any amount payable to Contractor (a) any amounts the payment of which may be in dispute, (b) any amounts necessary to compensate the City for any losses, costs, liabilities, or damages suffered by the City, and (c) all amounts for which the City may be liable to third parties, by reason on Contractor's acts or omissions in performing or failing to perform Contractor's obligations as part of the contract. Any failure of the City to withhold payments due for such cause, shall not affect the obligations of the Contractor. Amounts withheld due to Contractor failure to adequately monitor the service areas shall be permanently forfeited by the Contractor. Payment deductions for Contractor Non - Compliance (a) If in the judgment of the City, Contractor has failed to perform any of its duties or obligations of these specifications, the City, at its option, in addition to, or in lieu of, any other remedies set forth in these specifications, may withhold the entire monthly payment or deduct pro rata from Contractor's invoice for work not performed after providing Contractor with written notice identifying the duty(ies) or obligation(s) not performed and the time period Contractor may have to cure the duty(ies) or obligation(s). (b) If the deficiency(ies) identified by the City are of a type that is susceptible to being corrected by Contractor, the City shall provide the Contractor with forty -eight (48) hours to cure the deficiency(ies), unless in the sole opinion of the City, the deficiency(ies) causes an immediate danger to the health, safety, or general welfare of the City in which case the City may at its option use whatever means the City deems reasonable to correct the deficiency(ies). If the Contractor corrects the problem within the cure period specified, then the City shall pay Contractor the amount retained with the next payment due Contractor. Otherwise, the City shall retain the amount withheld. (c) The amount to be retained by the City shall be determined at the sole discretion of the City. Notwithstanding the foregoing, to the extent possible, the City will use the unit prices set forth in the Contractor's bid in determining the amount to be retained. (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 NPSA 51517- Citywide Landscape - Pacheco Brothers Page 13 of 25