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addition to, or in lieu of, any other remedies set forth in these specifications, <br /> may withhold the entire monthly payment or deduct pro rata from <br /> Contractor's invoice for work not performed after providing Contractor with <br /> written notice identifying the duty(ies) or obligation(s) not performed and <br /> the time period Contractor may have to cure the duty(ies) or obligation(s). <br /> (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 <br /> forty-eight (48) hours to cure the deficiency(ies), unless in the sole opinion of <br /> the City, the deficiency(ies) causes an immediate danger to the health, <br /> safety, or general welfare of the City in which case the City may at its <br /> option use whatever means the City deems reasonable to correct the <br /> deficiency(ies). If the Contractor corrects the problem within the cure <br /> period specified, then the City shall pay Contractor the amount retained <br /> with the next payment due Contractor. Otherwise, the City shall retain the <br /> amount withheld. <br /> (c) The amount to be retained by the City shall be determined at the sole <br /> discretion of the City. Notwithstanding the foregoing, to the extent possible, <br /> the City will use the unit prices set forth in the Contractor's bid in <br /> determining the 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 <br /> failure of the Contractor to complete or comply with the provisions of these <br /> specifications. City has the right, but not the obligation, to use the funds <br /> retained to correct Contractor's deficiencies. The right of the City to <br /> withhold payment shall be in addition to any other remedies herein <br /> provided or available under applicable law, including the right to terminate <br /> 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 50% 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. Notice <br /> of termination by Contractor under these circumstances shall be given to the city <br /> in writing at least forty-five (45) days before agreement termination. <br /> RFP 55027 CITYWIDE TURF MAINTENANCE Page 53 of 63 <br />