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<br />B. Replanting - Shrub <br />The Contractor shall plant each year in any area determined by the Director, I gallon <br />shrubs at an appropriate spacing so as to achieve complete coverage once the plant is <br />2/3rds mature. The Contractor shall also be responsible for the complete removal and <br />replacement of plants lost due to normal attrition or due to Contractor's failure to <br />perform under the terms of this Agreement. City is responsible for cost of replacing <br />plants lost to vandalism; however, Contractor must prove that it was vandalism that <br />killed the plant. See Attachment 7 for plant cap. <br /> <br />4. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br /> <br />"a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, at the rates and charges identified in Exhibit A to said Agreement. The total <br />sum to be expended under this Agreement, including a five percent contingency <br />amount, shall not exceed $666,310 during the 2010-11 fiscal year. <br /> <br />5. Section 3, TERM, shall be deleted in its entirety and replaced with the following: <br /> <br />"This Agreement shall commence on June 18,2007 and terminate on June 30, 2011, <br />unless terminated earlier in accordance with Section 12, below. The terms and <br />conditions of said Agreement may be extended for up to two additional one-year <br />periods, at the sole discretion ofthe City." <br /> <br />6. Exhibit A, Subsection 2.C. 15. shall be amended to read as foHows: <br /> <br />15. Other Requirements <br />a) Work Not Scheduled <br />The Director may delete a portion of or the entire work site from contractual <br />maintenance during a construction period or any period where the Director <br />determines that work cannot be scheduled. The deletion of this portion of work will <br />be reflected as a reduction in the monthly payment to the Contractor. The amount of <br />reduction will be based on the percentage of area involved and provided to the <br />Contractor by the City in writing. Contractor may elect to extend a credit to the City <br />for work not scheduled. The City may use the credit for labor, materials, equipment <br />or subcontracted work. <br /> <br />7. Except as herein amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to <br />Agreement the date and year first above written. <br /> <br />2 <br />