Common use of Deficient Performance Clause in Contracts

Deficient Performance. 1. The Inspector shall inspect the performance of the work as to adherence to the Contract Specifications and Scope of Work. The County reserves the right to deduct from the payments due or to become due to Contractor for deficient performance and to perform or contract for the necessary service if, or when, the work under this Contract is incomplete. Contractor shall be notified both verbally and in writing each time its performance is unsatisfactory and corrective action is necessary. 2. Contractor shall complete corrective action within the following time frames subsequent to verbal notification: a. Major irrigation within twelve (12) hours. b. Other irrigation within forty-eight (48) hours. c. Other deficiencies within seven (7) days. 3. Failure to correct the deficiency within the time specified shall result in the deduction of payment as provided on the Payment Deduction Schedule below. 4. Deductions from monthly performance payments shall be divided into four categories: a. Performance on Schedule: 1) Failure of Contractor will result in damages in the additional inspection, administration and complaints by the public being sustained in OCCR Purchasing & Contract Services. 2) The sum of Two-Hundred Fifty Dollars ($250.00) for the first failure and Five Hundred Dollars ($500.00) for thereafter per day will be deducted and forfeit from payments to Contractor for each instance where an item of work is not completed in accordance with the schedule or specifications, except for mowing/mechanical edging which shall be Two-Hundred Fifty Dollars($250.00) per instance.

Appears in 3 contracts

Samples: Contract for Landscape Maintenance Services, Contract for Landscape Maintenance Services, Contract for Landscape Maintenance Services

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Deficient Performance. 1. The Inspector shall inspect the performance of the work as to adherence to the Contract Specifications and Scope of Work. The County reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance and to perform or contract for the necessary service if, or when, the work under this Contract is incomplete. The Contractor shall be notified both verbally and in writing each time its performance is unsatisfactory and corrective action is necessary. 2. The Contractor shall complete corrective action within the following time frames subsequent to verbal notification: a. Major irrigation within twelve (12) hours. b. Other irrigation within forty-eight (48) hours. c. Other deficiencies within seven (7) days. 3. Failure to correct the deficiency within the time specified shall result in the deduction of payment as provided on the Payment Deduction Schedule below. 4. Deductions from monthly performance payments shall be divided into four categories: a. 1. Performance on Schedule: 1) a. Failure of the Contractor will result in damages in the additional inspection, administration and complaints by the public being sustained in OCCR Purchasing & Contract Services. 2) b. The sum of Two-Hundred Fifty Dollars ($250.00) for the first failure and Five Hundred Dollars ($500.00) for thereafter per day will be deducted and forfeit forfeited from payments to the Contractor for each instance where an item of work is not completed in accordance with the schedule or specifications, except for mowing/mechanical edging which shall be Two-Hundred Fifty Dollars($250.00Dollars ($250.00) per instance.

Appears in 1 contract

Samples: Landscape Maintenance Services Agreement

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Deficient Performance. 1. The Inspector shall inspect the performance of the work as to adherence to the Contract Specifications and Scope of Work. The County reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance and to perform or contract for the necessary service if, or when, the work under this Contract is incomplete. The Contractor shall be notified both verbally and in writing each time its performance is unsatisfactory and corrective action is necessary. 2. The Contractor shall complete corrective action within the following time frames subsequent to verbal notification: a. Major irrigation within twelve (12) hours. b. Other irrigation within forty-eight (48) hours. c. Other deficiencies within seven (7) days. 3. Failure to correct the deficiency within the time specified shall result in the deduction of payment as provided on the Payment Deduction Schedule below. 4. Deductions from monthly performance payments shall be divided into four categories: a. Performance on Schedule: 1) Failure of the Contractor will result in damages in the additional inspection, administration and complaints by the public being sustained in OCCR Purchasing & Contract Services. 2) The sum of Two-Hundred Fifty Dollars ($250.00) for the first failure and Five Hundred Dollars ($500.00) for thereafter per day will be deducted and forfeit from payments to the Contractor for each instance where an item of work is not completed in accordance with the schedule or specifications, except for mowing/mechanical edging which shall be Two-Hundred Fifty Dollars($250.00) per instance.

Appears in 1 contract

Samples: Landscape Maintenance Services Contract

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