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