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C.4.2.1 Responsibility for Work. The Contractor shall be responsible for all damages to people <br /> and/or property that occur as a result of the fault or negligence of said Contractor or his employees in <br /> connection with the performance of this work. <br /> C.4.2.2 Failure to Perform Satisfactory (FTP) <br /> C.4.2.2.1 It is agreed and understood that in the short run, if the Contractor fails to perform the <br /> work as specified herein, the Director: 1) will only pay for the amount of service received as determined <br /> by the Director with an appropriate downward adjustment in contract price, and/or 2) may have such <br /> required work performed by City forces or otherwise, and chazge the cost thereof to the Contractor. Such <br /> 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 /> C.4.2.2.2 Billing Adjustments. The Director may make billing adjustments in monthly payment <br /> for the cost to the City to remedy insufftciencies in service rendered by the Contractor. Billing <br /> adjustments for this unsatisfactory service may be permanent retention of 100% of the estimated monthly <br /> cost for work that is incomplete or deficient as stated herein. <br /> C.4.2.3 Hazards. The Contractor shall maintain all work sites free of hazards to persons and/or <br /> property resulting from his operations. Any hazazdous condition noted by the Contractor, which is not a <br /> result of his operations, shall be immediately reasonably mitigated then reported to the Parks, Recreation <br /> & Community Services Agency. <br /> C.4.2.4 Property Damage. Any damage to City property that occurs shall be immediately <br /> reported to the Director. The cost of repair, if required, will be at the Contractor's expense. If damage <br /> occurs to any adjacent turf, groundcover, shrubs or trees as result of the Contractor's negligence for the <br /> cost for necessary repair or replacements of the same shall be at the Contractor's expense. <br /> C.4.2.5 Access to Private Property. Prior to any work that will restrict access to private <br /> property; the Contractor shall notify each affected property owner or responsible person, informing him <br /> of the nature of and the approximate duration of the restriction. <br /> C.4.2.6 Emergency Service. Twenty-four hours per day, seven days per week, the Contractor <br /> shall be able to receive and respond to the City's call for emergency service. Response time shall be less <br /> <br /> than two hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a <br /> local telephone number where Contractor can be contacted twenty-four hours per day, seven days per <br /> week. <br /> C.4.2.7 Work by City Due to Non-Conformance to Contract. Should the contractor fail to <br /> correct deficiencies or public nuisances that have been created because of his operation, and should these <br /> deficiencies or nuisances be considered by the Director to be of an emergency nature, the City may move <br /> in on the project to make corrective work. Such work will be charged to the Contractor on a force <br /> account basis with an additional callout charge of $150.00 for each callout. There will be assessed a <br /> minimum of three-hour charge for labor on any callout. <br /> C.4.2.8 Contractor Furnished Equipment. The Contractor shall provide all items necessary for <br /> the performance of the contract including the following. <br /> C.4.2.9 Tools. The Contractor shall provide all tools and repair equipment necessary for <br /> <br /> maintenance and repair as specified in the Agreement. <br /> 16 <br /> 25C-18 <br /> <br />