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(b) If the deficiency(ies) identified by the City are of a type that is susceptible to <br />being corrected by Contractor, the City shall provide the Contractor with forty- <br />eight (48) hours to cure the deficiency(ies), unless in the sole opinion of the City, <br />the deficiency(ies) causes an immediate danger to the health, safety, or general <br />welfare of the City in which case the City may at its option use whatever means <br />the City deems reasonable to correct the deficiency(ies). If the Contractor <br />corrects the problem within the cure period specified, then the City shall pay <br />Contractor the amount retained with the next payment due Contractor. <br />Otherwise, the City shall retain the amount withheld. <br />(c) The amount to be retained by the City shall be determined in the sole <br />discretion of the City. Notwithstanding the foregoing, to the extent possible, the <br />City will use the unit prices set forth in the Contractor's bid in determining the <br />amount to be retained. <br />(d) The right to withhold payment shall not be construed as a penalty but as an <br />adjustment of payment to Contractor to recover City costs due to the failure of the <br />Contractor to complete or comply with the provisions of these specifications. City <br />has the right, but not the obligation, to use the funds retained to correct <br />Contractor's deficiencies. The right of the City to withhold payment shall be in <br />addition to any other remedies herein provided or available under applicable law, <br />including the right to terminate the contract. <br />(e) If in the opinion of the City there are repeated and/or frequent Contractor <br />deficiencies, the contract may be terminated. <br />Reduction in Scope - The City reserves the right to reduce the scope of work up to <br />50% of the total monthly bid. Should any reduction be necessary the contractor <br />shall receive thirty (30) days' notice. The remaining areas of contractor <br />responsibility shall be paid at the rate bid by the contractor for those items. Any <br />reduction in excess of 500 of total monthly bid shall be made within sixty (60) days' <br />notice. For reductions in excess of 50%, Contractor shall have the option to either <br />accept the remaining items at their bid rate or to terminate the agreement. <br />Notice of termination by Contractor under these circumstances shall be given to <br />the city in writing at least forty-five (45) days before agreement termination. <br />Communication with City <br />Contractor shall designate one person as the representative of Contractor <br />authorized to act on its behalf with respect to this specified work. At the end of <br />each work day the contractor shall e-mail the contract manager advising of the <br />work completed that day and the work to be performed the following day. <br />The City of San Leandro, through a designated representative, shall make <br />inspections on a weekly basis, or as often as necessary to insure that complete and <br />continuous maintenance is fulfilled. In addition, the City may obtain the services of <br />RFP 55026 CITYWIDE MEDIAN MAINTENANCE Page 52 of 75 <br />