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XVILFAILURE TO PERFORM SATISFACTORILY <br />A. It is agreed and understood that if the Contractor fails to perform the work as <br />specified herein, the Director will pay only for the amount of service received as <br />determined by the Director with an appropriate downward adjustment in contract <br />price. The Director may have such required work done by City forces or otherwise, <br />and charge the cost thereof to the Contractor. <br />Such adjustments will be the estimated cost for performance by City forces plus City <br />overhead and will include overtime pay as required to complete work. <br />B. If the Contractor performs the work in such a manner that the amount of payment <br />withheld due to substandard performance, nonperformance and forfeiture for non- <br />completion per schedule totals five (5) percent of the total contract price, the City will <br />put the Contractor under notice of noncompliance. If the Contractor continues to <br />perform the work in such a manner that the amount of payment withheld due to <br />substandard performance, nonperformance and forfeiture for non-completion per <br />schedule totals ten (10) percent of the total contract price, the contract is subject to <br />cancellation in the City's sole discretion. In the event of cancellation for <br />unsatisfactory performance, Contractor shall reimburse the City for costs incurred <br />and damages arising as a result of hiring a substitute contractor. <br />XVIII.SAFETY REQUIREMENTS <br />All work performed under this contract shall be performed in a manner as to provide <br />required maximum safety to the public and where applicable, comply with all safety <br />standards required by CAL-OSHA. The Director reserves the right to issue restraint or <br />cease and desist orders to the Contractor when unsafe or harmful acts are observed or <br />reported relative to the performance of the work under this contract. <br />XIX.HAZARDOUS CONDITIONS <br />The Contractor shall maintain all work sites free of hazards to persons and/or property <br />resulting from its operations. Any hazardous condition noted by the Contractor, which is <br />not a result of its operations, shall be immediately reported to the Public Works Agency. <br />XX.UTILITIES <br />Any damage to utility lines that occurs shall immediately be reported to the utility <br />company that is involved. The cost of repair, if required, will 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 />XXI.ACCESS TO PRIVATE PROPERTY <br />Prior to any work that will restrict access to private property the Contractor shall notify <br />each affected property owner or responsible person, informing him of the nature of and <br />the approximate duration of the restriction.