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(2) CITY OF SANTA ANA <br /> d) Protective Equipment. The Contractor shall provide its employees with protection against safety and <br /> health hazards by furnishing them with all the protective equipment needed. Such equipment shall be <br /> approved for the use intended by the National Institute for Occupational Safety and Health or the <br /> American National Standards Institute (ANSI). The Contractor shall post areas that require the wearing of <br /> protective clothing or where protective equipment is necessary. <br /> e) Material Safety Data Sheets. The Contractor shall submit to the Director or his designated representative <br /> Material Safety Data Sheets for all hazardous materials proposed for use in the performance of the <br /> contract at least one week prior to actual use. In addition, he shall maintain copies on-site and available <br /> for review by his employees and/or the City. <br /> 24. Environmental Protection: <br /> a) The Contractor shall comply with all federal, state, and local laws, regulations, and standards regarding <br /> the Environmental Protection and Enhancement Program, <br /> 25. Contractor Furnished Property and Services: <br /> a) General. Contractor furnished property and services shall be compatible with existing City systems and <br /> equipment as necessary to perform the requirements of the Agreement. <br /> b) Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor <br /> Owned Property. <br /> c) Contractor Furnished Equipment. The Contractor shall provide all items necessary for the performance of <br /> the contract including the following: <br /> i. Tools. The Contractor shall provide all tools and repair equipment necessary for maintenance <br /> and repair as specified in the Agreement. <br /> d) Contractor Furnished Supplies. The Contractor shall furnish all supplies required for his performance <br /> under the Agreement, including the following, <br /> i. Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water at the <br /> prescribed standards of purity and clarity including, but not limited to chlorine (liquid, tablets, <br /> granular, or gaseous, depending on the type of dispensing system in use), soda ash, <br /> diatomaceous earth, etc. <br /> ii. Test Kits. The Contractor shall furnish test kits for the purpose of monitoring and reporting <br /> chemical levels and conditions including but not limited to chlorine levels, pH levels, and alkalinity <br /> of the water, etc. <br /> iii. Preventive Maintenance (PM) and Minor Repair Items. The Contractor shall provide all PM and <br /> minor repair items including, but not limited to, lubricants, minor parts, fittings, gaskets, bench <br /> stock, paint, degreasers, etc. for performance under the contract. <br /> iv. Cleaning Supplies. The Contractor shall furnish cleaning supplies required for performance <br /> under the contract. <br /> 26. Failure to Perform Satisfactory: <br /> a) City Inspection. The Director or his designated representative shall regularly inspect fountains all other <br /> City property subject to this Agreement. If said inspection results in discovery of work that is not <br /> performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees <br /> that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of <br /> performing the work to bring the property into conformance with the specifications. Additionally, City shall <br /> impose liquidated damages of up to $300.00 per inspection, per fountain, per day not meeting the <br /> specifications during any such inspection. <br /> b) Billing Adjustments. The Public Works Executive Director or designee may make a billing adjustment in <br /> monthly payment for the cost to the City to remedy insufficiencies in service rendered by the Contractor. <br /> Billing adjustments for this unsatisfactory service may be permanent retention of 100% of the estimated <br /> City of Santa Ana RFP 25-120 Page 27 of 52 <br />