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XVILFAILURE TO PERFORM SATISFACTORILY <br />A. It is agreed and understood that in the short run, if the Contractor fails to perform the work as <br />specified herein, the Director, 1) will pay only for the amount of service received as determined by the <br />Director with an appropriate downward adjustment in contract price, or 2) may have such required work <br />done by City forces or otherwise, and charge the cost thereof to the Contractor. <br />Such adjustments will be the estimated cost for performance by City forces plus City overhead and will <br />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 withheld due <br />to substandard performance, nonperformance and forfeiture for noncompletion per schedule totals five <br />(5) percent of the total contract price, the City will put the Contractor under notice of noncompliance. If <br />the Contractor continues to perform the work in such a manner that the amount of payment withheld <br />due to substandard performance, nonperformance and forfeiture for noncompletion per schedule totals <br />ten (10) percent of the total contract price, the contract is subject to cancellation at the City's option. In <br />the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse the City <br />for damage accrued by changing contractors. <br />XVIII.SAFETY REQUIREMENTS <br />All work performed under this contract shall be performed in a manner as to provide required maximum <br />safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. <br />The Director reserves the right to issue restraint or cease and desist orders to the Contractor when <br />unsafe or harmful acts are observed or reported relative to the performance of the work under this <br />contract. <br />XIX.HAZARDOUS CONDITIONS <br />The Contractor shall maintain all work sites free of hazards to persons and /or property resulting from its <br />operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, <br />shall be immediately reported to the Public Works Agency. <br />XX.UTILITIES <br />Any damage to utility lines that occurs shall immediately report to the utility company that is involved. <br />The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent <br />shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the <br />same shall be at the 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 each affected <br />property owner or responsible person, informing him of the nature of and the approximate duration of <br />the restriction. <br />XXILPROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS <br />The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as <br />sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, <br />street paving, etc., located on either public or private property. If any improvements are damaged they <br />shall be replaced in kind at the Contractor's expense. <br />RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 34 <br />