Brightview Landscape Services Inc NPSA City Facilities Landscape 20230918

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(h) In addition to or in lieu of the measures above, and at the discretion of the Director, or designee; the City may hold 10% retention of the full monthly services cost with every monthly billing, for release at the beginning of the next billing period, upon satisfactory completion of the services. The parties will observe and commit to the following problem resolution process: 1. Written notice of the problem 2. Field conference with Director, or designee, and Contractor’s field representative to identify the problem and agree upon solution as presented by the contractor 3. When Contractor’s payments are at risk of being withheld, conference between the City’s representative(s) and the Contractor’s principal 4. Contractor to remedy the problem 5. Imposition of penalties and withheld payments for work not remedied to meeting standards 6. Begin holding retention payments each month 102.1 Payment deductions for Contractor Non-Compliance (a) If in the judgment of the City, Contractor has failed to perform any of its duties or obligations of these specifications, the City, at its option, in addition to, or in lieu of, any other remedies set forth in these specifications, may withhold the entire monthly payment or deduct pro rata from Contractor’s invoice for work not performed after providing Contractor with written notice identifying the duty(ies) or obligation(s) not performed and the time period Contractor may have to cure the duty(ies) or obligation(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 Exhibit A Page 14 of 55 DocuSign Envelope ID: FBE0D324-5B4D-413D-B3D7-9F9F4584939A