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All spray applications are to be done in accordance with all Alameda County and <br />State of California laws. The Contractor shall have secured from the Alameda <br />County Agricultural Commissioner all necessary permits and shall possess a current <br />California State Department of Agriculture license. Contractor is to provide the City <br />with a copy of Written Recommendations from a State of California Licensed Pest <br />Adviser for all applications. The city will provide the contractor a pesticide use <br />report that shall be turned in to the city each month by the 5t", as well as monthly <br />documentation to the City on pesticides and amounts used. <br />In addition, the Contractor shall adhere to the City's Temporary Traffic Control <br />(TTC) Procedures for all work to be performed within a public right-of-way. <br />Payment <br />Payment for all services shall be made based on the Monthly Maintenance bid <br />price. In any month that Contractor wishes to receive payment, Contractor shall <br />submit an invoice for services rendered prior to the month of invoice. Invoices <br />received by the tenth (1 Ot") of the month shall be paid by the end of the month. <br />The City will pay only once for spraying, regardless of the number of spray <br />applications necessary to control weed growth as described in these <br />specifications. In other words, if property requires several applications of pre - <br />emergent and/or systemic sprays in order to control weeds as described herein, <br />the City shall make only one payment, based on the Monthly Maintenance bid <br />price, regardless of the number of spray applications performed. <br />The City may deduct from any amount payable to Contractor (a) any amounts <br />the payment of which may be in dispute, (b) any amounts necessary to <br />compensate the City for any losses, costs, liabilities, or damages suffered by the <br />City, and (c) all amounts for which the City may be liable to third parties, by reason <br />on Contractor's acts or omissions in performing or failing to perform Contractor's <br />obligations as part of the contract. Any failure of the City to withhold payments <br />due for such cause, shall not affect the obligations of the Contractor. Amounts <br />withheld due to Contractor failure to adequately monitor the service areas shall be <br />permanently forfeited by the Contractor. <br />Payment deductions for Contractor Non -Compliance <br />(a) If in the judgment of the City, Contractor has failed to perform any of its duties <br />or obligations of these specifications, the City, at its option, in addition to, or in lieu <br />of, any other remedies set forth in these specifications, may withhold the entire <br />monthly payment or deduct pro rata from Contractor's invoice for work not <br />performed after providing Contractor with written notice identifying the duty(ies) or <br />obligation(s) not performed and the time period Contractor may have to cure the <br />duty(ies) or obligation (s). <br />RFP 55026 CITYWIDE MEDIAN MAINTENANCE Page 51 of 75 <br />