Reso 2020-3130 - Laserfiche WebLink

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When either planned or unplanned inspection efforts identify Unsatisfactory Work, the Contractor will be notified per the procedure set forth above and the City will conduct a subsequent inspection to ensure compliance. The City will incur additional administrative expenses for the additional time required to re -inspect Contractor work. Upon failure of Contractor to complete the work within the time specified for final completion, the City shall impose deductions to Contractor's invoice. A report shall be provided to the Contractor in the form provided for in Section 7.4 of Attachment "A" along with the unsatisfactory inspection notice. The deductions which may be made under this Agreement include, but are not limited to, those items set forth below with the corresponding penalty: A. Failure to comply with conditions, specifications, reports, schedules and/or directives from the City and Purchase Order, including but not limited to, failure to adequately remove trash/debris/weeds in a timely manner, apply chemicals, prune, etc. i.Deduction may be based upon costs provided by the Contractor on the Fee Schedule attached to Attachment "B", or as deemed appropriate by the City, up to $200 per instance. B. Failure to comply with minimum City defined manpower requirements. L Deduction of $100 per employee per workday. C. Failure to provide adequate equipment in compliance with City specifications and/or as requested by the City. i. Deduction of up to $200 per instance per workday. D. Failure to protect public health and/or correct safety concerns. These include, but are not limited to, policing City property for hazards, responding to emergencies, providing adequate traffic control measures (per M.U.T.C.D. Guidelines). i. Deduction of up to $250 per occurrence. E. Failure to comply with water restrictions imposed by any agency having authority to do SO. i. Deduction of up to $250 per occurrence. Additionally, Contractor shall be responsible for any imposed penalties. F. Major irrigation deficiencies shati be repaired within 12 hours. i. Deduction up to $250 per occurrence. 7. PERFORMANCE AND PAYMENT BOND. The City requires Contractor furnish a Performance and Payment Bond in the amount of 100% of the total "Basic Services' recurring monthly of the extended total as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after the issuance of a Notice to Proceed by the City. The bonds shall be with a surety company authorized to do business in the State of Florida. The Bond(s) shall not contain a provision allowing the Surety(ies) to cancel the Bonds prior to the completion of the Contract, including any optional renewal periods. S. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City, Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security taxes and that such obligations shall be that of the Contract No. 2020-6603-P - BRIGHTVIEW LANDSCAPING SERVICES, INCA