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payment shall be in addition to any other remedies herein provided or available under <br /> applicable law, including the right to terminate the contract. <br /> (e) If in the opinion of the City there are repeated and /or frequent Contractor deficiencies, the <br /> contract may be terminated. <br /> Reduction in Scope — The City reserves the right to reduce the scope of work up to 50% of the total <br /> monthly bid. Should any reduction be necessary the contractor shall receive thirty (30) days notice. The <br /> remaining areas of contractor responsibility shall be paid at the rate bid by the contractor for those items. <br /> Any reduction in excess of 50% of total monthly bid shall be made within sixty (60) days notice. For <br /> reductions in excess of 50 %, Contractor shall have the option to either accept the remaining items at their <br /> bid rate or to terminate the agreement. Notice of termination by Contractor under these circumstances shall <br /> be given to the city in writing at least forty -five (45) days before agreement termination. <br /> Communication with City <br /> Contractor shall designate one person as the representative of Contractor authorized to act on its behalf <br /> with respect to this specified work. <br /> The City of San Leandro, through a designated representative, shall make inspections on a weekly basis, <br /> or as often as necessary to insure that complete and continuous maintenance is fulfilled. In addition, the <br /> City may obtain the services of an approved horticultural specialist to inspect plantings and make <br /> recommendations for improvements in the maintenance program. <br /> Contractor shall be required to attend bi- weekly meetings with City staff to review Contractor's performance <br /> and the condition of all maintenance areas. Dates and times of meetings shall be set by the City and the <br /> Contractor. These monthly meetings are not to substitute for Contractor's responsibility to regularly inspect <br /> areas. <br /> The Contractor shall submit weekly inspection reports signed by the Contractor's representative that shows <br /> that all areas have been inspected that week, which areas are out of conformance with these specifications <br /> and the Contractor's plans for bringing the areas into specification conformance. <br /> The Contractor shall submit a written report each month stating all contract work completed. The report <br /> shall show the work completed during each week contract work was accomplished, and shall be submitted <br /> with and cover the same work as the Contractor's billing statement for the previous month's work. The <br /> report shall include documentation of aeration, fertilization and chemical applications. Failure to submit <br /> reports by the tenth of each month shall result in the Contractor forfeiting $500 from any amounts owed by <br /> the City. <br /> Emergencies <br /> Contractor shall be responsible for responding to all emergencies within two (2) hours of notification during <br /> the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. <br /> Change Orders <br /> If the City makes any other substantial change to the landscaping in a contract area, the City and <br /> Contractor shall negotiate any necessary adjustments to the monthly maintenance contract. The City <br /> reserves the right to remove any area from the maintenance contract if agreement cannot be reached. <br /> NPSA 51517- Citywide Landscape - Pacheco Brothers Page 14 of 25 <br />