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<br /> <br /> <br /> <br /> <br /> <br /> agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain <br /> such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of <br /> this Agreement. <br /> 17. RESPONSIBILITY FOR DAMAGES <br /> <br /> The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the <br /> fault or negligence of said Contractor or its subcontractors, agents, employees, or other persons <br /> acting on their behalf in connection with the performance of this Agreement. <br /> <br /> 18. FAILURE TO PERFORM SATISFACTORILY <br /> <br /> a. Contractor acknowledges and agrees that if the Contractor fails to perform the work as specified <br /> herein, the Director, 1) will pay only for the amount of service received as determined by the Director <br /> with an appropriate downward adjustment in contract price, or 2) may have such required work done by <br /> 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 /> <br /> b. If Contractor performs the work in such a manner that the amount of payment withheld due to <br /> substandard performance, nonperformance and/or forfeiture for non-completion per schedule totals five <br /> percent (5%) of the total contract price, the City shall notify the Contractor of such noncompliance. If the <br /> Contractor continues to perform the work in such a manner that the amount of payment withheld due to <br /> substandard performance, nonperformance and/or forfeiture for non-completion per schedule totals ten <br /> percent (10%) of the total contract price, this Agreement may be terminated at the City's option. In the <br /> event of termination for unsatisfactory performance, the original Contractor shall reimburse the City for <br /> damage accrued due to changing contractors. <br /> 19. SAFETY REQUIREMENTS <br /> <br /> All work performed under this contract shall be performed in such a manner as to provide required <br /> maximum safety to the public and where applicable, comply with all safety standards required by CAL- <br /> OSHA. 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 /> 20. HAZARDOUS CONDITIONS <br /> <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, shall <br /> be immediately reported to the Public Works Agency. <br /> <br /> 21. ACCESS TO PRIVATE PROPERTY <br /> Prior to the commencement of any work that will restrict access to private property the Contractor shall <br /> notify each affected property owner or responsible person, informing him or her of the nature of and the <br /> approximate duration of the restriction. <br /> <br /> <br /> <br /> <br /> <br /> 25C-8 <br />