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4. Property Damage <br />4.1. Wherever any existing property, material, equipment or facility is damaged by the <br />Contractor, the cost of repair or replacement shall be charged to the Contractor. Items <br />covered by this provision include but are not limited to curbs, sidewalks, lawns to <br />include (scalped areas), plantings, trees, signs and refuse containers. Contractor shall <br />immediately report ay property damage to the City. (Greater detail on tree damage <br />definitions and penalties is included in attachment B.) <br />4.2. The Contractor shall repair, to its original state, any landscape damaged by failure to <br />provide proper and adequate protection, to the satisfaction of the City's Parks <br />Supervisor, or remove or replace with new materials or plantings at the contractors <br />expense. Repair work due to damages caused by the Contractor shall be coordinated <br />through, and subject to the approval of the Parks Supervisor. Repairs shall be made with <br />like material in a manner acceptable to the City. <br />5. Inclement Weather, Rescheduling and Canceling: <br />5.1. Contractor may cancel all or part of a scheduled mowing due to inclement weather. It is <br />the responsibility of the Contractor to contact the Parks Supervisor on or before 8:00 <br />a.m. of the day to be canceled, when such cancellation is desired, and to reschedule the <br />mowing. <br />5.2. Inclement weather shall be defined as weather that both the Contractor and the City's <br />Park Supervisor agree makes the accomplishment of quality work unfeasible, unusually <br />time consuming, or potentially dangerous, or harmful. In the event mutual agreement <br />cannot be reached for a particular mowing, the inclement weather determination shall <br />be made by the City. <br />5.3. Any part of a scheduled mowing that is canceled due to inclement weather shall be <br />rescheduled by the contractor to the following day of the cancelation. The City may, at <br />its option, elect not to reschedule any part of a mowing. Any portion of a mowing that <br />is canceled and not rescheduled shall not result in a mowing charge. <br />5.4. In areas of poor drainage which adversely affect the work of the Contractor, the <br />Contractor shall be responsible for informing the City Parks Supervisor of the affected <br />area. The Parks Supervisor will have discretionary authority to waive work quality <br />standards in areas which both the Parks Supervisor and the Contractor agree are <br />problematic. <br />5.5. The City reserves the right to cancel the weekly mowing if conditions indicate that <br />mowing is not needed. For example if conditions are too warm, cold, wet or dry to <br />13 1 Page <br />