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Non-Professional Services Agreement between April 1, 2024 City of San Leandro and Impec Group—Exhibit D Page 12 of 36 (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. (h) In addition to or in lieu of the measures above, and at the discretion of the Director, or designee; the City may hold 10% retention of the full monthly services cost with every monthly billing, for release at the beginning of the next billing period, upon satisfactory completion of the services. The parties will observe and commit to the following problem resolution process: 1. Written notice of the problem 2. Field conference with Director, or designee, and Contractor’s field representative to identify the problem and agree upon solution as presented by the contra ctor 3. When Contractor’s payments are at risk of being withheld, conference between the City’s representative(s) and the Contractor’s principal 4. Contractor to remedy the problem 5. Imposition of penalties and withheld payments for work not remedied to meeting standards 6. Begin holding retention payments each month 104 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 du ty(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 us e 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 in 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 payment shall be in addition to any other remedies herein provided or available under applicable law, including the right to terminate the contract. DocuSign Envelope ID: ED026586-45BF-457C-B317-CC6A9075C2DC