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J. PENALTIES AND FINES <br />Failure to comply with requests from the Director and/or creating unnecessary <br />delays, as determined by the Director, may be cause for fines and penalties in the <br />amount of $200.00 per occurrence per day until said request(s) is completed. This <br />shall be deducted from routine monthly maintenance payments. <br />IV. EXTRAORDINARY MAINTENANCE <br />A. The replacement of plant material, or the repair or replacement of irrigation system <br />equipment may be considered extraordinary maintenance if damage or malfunction <br />is mainly caused by any of the following: <br />(1) Acts of God <br />(2) Civic Disorder <br />(3) Vehicle Collision <br />(2) Vandals <br />(3) Excavation or re-surfacing of the street <br />(4) Power failures <br />(5) Underground wiring damage <br />B. Minor upgrading work, or installation, as directed by the Director, shall considered <br />extraordinary maintenance. Any extraordinary maintenance requests from the City <br />shall be confirmed in writing, accompanied with an estimate of cost within five (5) <br />working days. <br />The Contractor shall contact the Director regarding any extraordinary <br />maintenance work and seek prior approval before the work is scheduled. <br />The Contractor shall call the Director at least four (4) hours in advance <br />before any extraordinary work is commenced. <br />C. City shall pay for such extraordinary maintenance as follows: <br />1) Materials. The City shall pay to the Contractor the cost of materials used in <br />extraordinary maintenance from the supplier plus the percentage specified in <br />the Contractor's bid proposal. All materials and parts shall be new or <br />approved by the Director if otherwise. The City has the right to inspect the <br />Contractor's records to verify any material costs used in extraordinazy <br />maintenance. <br />2) Direct Labor. Contractor shall present with Contractor's monthly invoice a <br />record of hours spent and locations serviced in extraordinary maintenance. <br />City shall pay the Contractor for such hours of extraordinary maintenance at <br />the rates specified on the Contractor's bid proposal. Said hourly rates shall <br />be the total cost to City. Rates shall include all compensation for wages, <br />profit, overhead, any fringe benefits such as employer payments to, or on <br />behalf of, workers for health and welfare, insurance, workers' <br />28 <br />