Laserfiche WebLink
<br />1.1. Replace any damaged decorative stamped asphalt sidewalk and <br />any decorative stamped asphalt crosswalk or any part thereof <br />which may present a safety hazard for those using or intending <br />to use the right-of-way. <br /> <br />1.2. In the event that the decorative stamped asphalt crosswalk and <br />sidewalk are damaged due to construction by the <br />DEPARTMENT or any third party permitted by the <br />DEPARTMENT, the crosswalk and sidewalk shall be restored <br />promptly to its original condition by the DEPARTMENT or <br />the third responsible party at no cost to the CITY. The CITY <br />shall not be liable for any damages, claims losses or actions <br />arising out of such damages. <br /> <br />2. DEPARTMENT'S RESPONSIBILITY. <br /> <br />The DEPARTMENT shall construct and install the decorative stamped asphalt <br />crosswalk and decorative stamped asphalt sidewalk at no cost to the CITY. <br /> <br />3. MAINTENANCE DEFICIENCIES <br /> <br />If, at any time while the terms of this AGREEMENT are in effect, it shall come to <br />the attention of the DISTRICT MAINTENANCE ENGINEER that the CITY'S <br />responsibility as established herein or a part thereof is not being properly <br />accomplished pursuant to the terms of this AGREEMENT, said DISTRICT <br />MAINTENANCE ENGINEER may at his option issue a written notice in care of <br />the CITY MANAGER, to place said CITY on notice thereof. Thereafter, the <br />CITY shall have a period of sixty (60) calendar days to correct the cited <br />deficiencies if said deficiencies are deemed valid. If said deficiencies are not <br />corrected within this time period, the DEPARTMENT may at its option, proceed <br />as follows: <br /> <br />3.1. Repair and/or replace the decorative stamped asphalt sidewalk <br />or decorative stamped asphalt crosswalk declared deficient with <br />DEPARTMENT and/or a Contractor's material, equipment <br />and personnel and charge reasonable cost for such work to the <br />CITY; or <br /> <br />3.2. Terminate this Agreement in accordance with Paragraph 5 <br />herein and remove, by DEPARTMENT and/or independent <br />Contractor's personnel the decorative stamped asphalt sidewalk <br />and all of the decorative stamped asphalt crosswalk areas, <br />installed under this Agreement and charge the CITY for the <br />reasonable cost of such removal. <br /> <br />2 <br />