MERCHANTS BUILDING MAINTENANCE 1 - 2008

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supervisors shall be literate and conversant in the English language because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. Contractor's supervisors shall also be capable of communicating fully with all employees in the event they do not speak English. The Contractor shall comply with and ensure that the Contractor's personnel and subcontracted personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health. The Contractor shall provide or cause to be provided all training, technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor. The Contractor shall provide all necessary barricades, signs to indicate safety conditions, detours and yellow safety caution tape as necessary to provide a safe environment. The City may require the removal of any of the contractor's employees who are found to be incompetent, careless or insubordinate; or appears to be alcohol or drug impaired or poses a safety risk. The Contractor shall provide an emergency telephone number where he can be reached during normal operating hours and a telephone number where he can be reached after normal operating hours. 6. REMEDY FOR FAILURE TO PERFORM REQUIRED SERVICE Should the contractor fail to perform in accordance to the agreement, the City may withhold a portion or all of the contractor's payment for work not performed for each inspection. This estimate is solely determined by the City, and may be based on the costs submitted by contractor in Section V.A. B. Specialized Services. The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 7. DAMAGE TO CITY PROPERTY Damage or theft of City property resulting from Contractor's performance of the work or negligence shall be repaired immediately by the Contractor or the damage will be repaired by the City at the Contractor's expense, if the Contractor fails to remedy such damage promptly. A written report of the loss and cause of damage must be submitted to the City in writing 24 hours of occurrence 8. METHOD OF PAYMENT The vendor will be paid monthly in arrears for his/her services after verification of completion of work and receipt of invoice. Payment terms will be net 30. 7