Brightview Landscape Services Inc NPSA City Facilities Landscape 20230918

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(b) The Director, or designee will utilize an “Evaluation Checklist” during its scheduled, as well as random inspections, to evaluate provision of services and communicate whether Contractor’s performance is meeting standards or below standards. In addition, the City regularly utilizes field staff to informally and randomly inspect contract service areas, and to report when areas are not meeting specifications. The City also receives resident complaints th at will generate an inspection and communication to the contractor. A 90-100% overall completion score on the checklist is considered satisfactory and in compliance with and meeting the specifications of the Agreement. (c) A score of less than 90% in any area is indicative of unsatisfactory conditions, below standards and not meeting the specifications with improvement required. Below standards work resulting from action or inaction that is the contractor’s responsibility will result in a punch list of items to complete and a timeframe and deadline for completion in order to bring areas back to meeting standards and specifications. This punch list will also include required dates for notification and updates back to the Director, or designee on the status of work being completed. (d) If after the designated deadline, the area is still not meeting standards and specifications, a penalty of all or a portion of Contractor payment will be withheld for work not performed, work not completed, or work not completed to the specifications. (e) Payments will be withheld either based on frequency of work that was missed, or until the area has been brought back to meeting standards. Withheld payments for specified work that is frequency based, and cannot be made up, will not be paid to the Contractor. For example, if the scope of work calls for mowing turf once per week, and a weekly mowing is missed, that work cannot be regained, and the payment will not be made for work not performed. (f) For work that has a designated deadline to bring the work area up to meeting standards, if compliance is reached within the designated deadline, the City will release one hundred percent (100%) of the payment withheld. If the same area is out of compliance and below standards a second time within twelve (12) months of the initial notice, the City will withhold as a penalty for work not performed, the monthly payment for that site. For work that has a designated deadline to bring the work area up to meeting standards, if compliance is reached within the designated deadline, the City will release eighty percent (80%) of the payment withheld and retain 20% as a penalty. (g) The City may include in the payment deduction and penalty, the expense related to, or as a result of the Contractor’s failure to perform the services as required, including the time and materials cost to continually monitor and inspect work that is below standard such as City administrative costs for the management of unsatisfactory conditions. Exhibit A Page 13 of 55 DocuSign Envelope ID: FBE0D324-5B4D-413D-B3D7-9F9F4584939A