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Page.4 of 41 <br />continues to perform the work in such a manner that the amount of payment <br />withheld due to substandard performance, non-performance and farteiture for <br />non-completion per schedule totals ten (10) percent of the total contract price, <br />the contract is subject to cancellation at the "City" option. In the event of <br />cancellation for unsatisfactory pertonnance, the original Contractor shall <br />reimburse the City for damage accnaed by changing contractors. <br />8. CONTRACT TERMINATION <br />The City or the Contractor reserves the right to terminate the contract, without penalty, <br />for cause immediately or without cause after 30 days written notice thereof is delivered <br />to the Contractor either personally or by mail addressed as shown on the purchase <br />order form. <br />a~ If the Contractorfails to meet the specifications of this contract for a period of 15 <br />cumulative days, the City may at its option terminate the balance of this contract <br />by written notice of termination to the Contractor. Notice of such termination <br />shall take effect 15 days after such notice is mailed. <br />9. SAFETY REQUIREMENTS <br />AI( work performed under this contract shall be performed in a manner as to provide <br />maximum safety to the public and where applicable, comply with all safety standards <br />required by CAL-OSHA. The Director reserves the right to issue restraint or cease and <br />desist orders to the Contract or when unsafe or harmful acts are observed or reported <br />relative to the performance of the work under this contract. <br />10. UNDERGROUND <br />Underground Alert Systems must be notified 48-hours in advance prior to commencing <br />work that involves digging underground. This notification is required for each location. <br />The telephone number is 1-800-422-4133. <br />11. HAZARDOUS CONDITIONS <br />The Contractor shall maintain all work sites free of hazards to persons and/or property <br />resulting from his operations. Any hazardous condition noted by the Contractor, which <br />is not a result of his operations, shall be immediately mitigated then reported to the <br />Parks, Recreation ~ Community Services Agency. <br />12. PROPERTY DAMAGE <br />Any damage to utility lines that occurs shall be immediately reported to the utility <br />company this is involved. The cost of repair, if required, wilt be at the Contractor's <br />expense. If damage occurs to any adjacent shrubs or trees that are to remain on the <br />site, immediate treatment or necessary replacements of the same shall be at the <br />Contractor's expense. <br />25H-18 <br />