Agmt 2016 Pacheco Brothers Gardening Inc (2)

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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 use 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. (e) If in the opinion of the City there are repeated and/or frequent Contractor deficiencies, the contract may be terminated. Reduction in Scope -The City reserves the right to reduce the scope of work up to 50% of the total monthly bid. Should any reduction be necessary the contractor shall receive thirty (30) days' notice. The remaining areas of contractor responsibility shall be paid at the rate bid by the contractor for those items. Any reduction in excess of 50% of total monthly bid shall be made within sixty (60) days' notice. For reductions in excess of 50%, Contractor shall have the option to either accept the remaining items at their bid rate or to terminate the agreement. Notice of termination by Contractor under these circumstances shall be given to the city in writing at least forty-five (45) days before agreement termination. Communication with City Contractor shall designate one person as the representative of Contractor authorized to act on its behalf with respect to this specified work. At the end of each work day the contractor shall e-mail the contract manager advising of the work completed that day and the work to be performed the following day. The City of San Leandro, through a designated representative, shall make inspections on a weekly basis, or as often as necessary to insure that complete and continuous maintenance is fulfilled. In addition, the City may obtain the services of RFP 55026 CITYWIDE MEDIAN MAINTENANCE Page 52 of 75