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Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include <br />overtime pay as required to complete work. <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 percent <br />(5 %) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor <br />continues to perform the work in such a manner that the amount of payment withheld due to substandard <br />performance, nonperformance and /or forfeiture for non - completion per schedule totals ten percent (10 %) of the <br />total contract price, this Agreement may be terminated at the City's option. In the event of termination for <br />unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to <br />changing contractors. <br />19. SAFETY REQUIREMENTS <br />All work performed under this contract shall be performed in such a manner as to provide required maximum <br />safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The <br />Director reserves the right to issue restraint or oease and desist orders to the Contractor when unsafe or harmful <br />acts are observed or reported relative to the performance of the work under this contract. <br />20. 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, shall be <br />inumediately reported to the Public Works Agency. <br />21, ACCESS TO PRIVATE PROPERTY <br />Prior to the commencement of any work that will restrict access to private property the Contractor shall notify <br />each affected property owner or responsible person, informing him or her of the nature of and the approximate <br />duration of the restriction. <br />22, PROTECTION 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, street <br />paving, etc., located on either public or private property. If any improvements are damaged they shall be <br />replaced in kind at the Contractor's expense. <br />23. TRAFFIC CONTROL <br />The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all <br />times. In situations where it is necessary to restrict traffic flow pet WATCH, the Contractor will contact the <br />Director for approval. <br />24. MISCELLANEOUS TRAFFIC DEVICES <br />Contractor shall provide all traffic control and miscellaneous traffic devices which may be required for routine <br />and/or extraordinary maintenance pursuant to this Agreement. <br />25D -10 <br />