MERCHANTS LANDSCAPE SERVICES, INC. 2D

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B. SAFETY REQUIREMENTS All work performed under this contract shall be completed per federal, state and local laws and worker safety regulations. In the event that the Contractor's work force is observed by City staff working unsafely the Director may, at his discretion, require the Contractor to stop performing until such time as the unsafe working condition is remedied and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a condition which exists on City property that may be unsafe (unsafe shall mean a condition of park property that has the potential to cause physical harm to a person or persons or damage to a person's personal property) the Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and A -frame barricades or equal substitute around the condition; 2. Notify the Director of the condition immediately, first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern if possible. Once the Contractor has notified the City and the public of the unsafe condition, as specified above, Contractor shall have no further responsibility to remedy the condition unless the unsafe condition was caused by the Contractor. If the unsafe condition was caused by the Contractor, Contractor should take all steps necessary to protect the public from possible harm or damage from the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1-800-422-4133) shall be notified by Contractor 48- hours in advance of any relevant excavation work by Contractor. E. PROPERTY DAMAGE Any damage to private property (real property or personal property) caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this Agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving access to or upon private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or the private property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Any such property that is removed or damaged, other than property pre -approved for removal, shall be replaced or repaired at Contractor's expense.