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A contractor may be removed from the Registry by the Sewer Insurance Administrator due to a <br /> pattern of lack of responsiveness on the part of the contractor. A pattern of lack of <br /> responsiveness shall be considered if a contractor does not accept over 50%of selections by the <br /> Sewer Insurance Administrator over a period of six months. <br /> i. The Sewer Insurance Administrator shall conduct a quarterly evaluation of contractors on the <br /> Registry to maintain a standard of quality performance. Contractors must successfully repair <br /> 75%of their cable auger repairs within a sustained six month period to maintain their fully pre- <br /> qualified. <br /> If a contractor fails to maintain a 75%success rate, they shall be reduced to a probationary pre- <br /> qualified status for the next quarter. Should a contractor's performance not improve during the <br /> first probationary quarter, the Sewer Insurance Administrator may elect to either remove the <br /> contractor for the remainder of the calendar year or grant an additional probationary quarter. A <br /> contractor may not have more than two consecutive probationary quarters in a calendar year. If a <br /> contractor improves their success rate to 75%or above, they shall be re-instated to a fully pre- <br /> qualified status on the Registry. <br /> j. The rate schedule for contractor costs incurred while performing work as directed by the Sewer <br /> Insurance Administrator as attached hereto under Exhibit E. These rates will be reviewed by the <br /> Sewer Insurance Administrator annually and any revisions requested through the Board prior to <br /> the beginning of a new calendar year. <br /> Contractors may petition the Sewer Insurance Administrator to add or adjust rates within the rate <br /> schedule. If petitioned, the Sewer Insurance Administrator shall contact all pre-qualified <br /> contractors to determine if additional rate categories are needed. The Sewer Insurance <br /> Administrator shall report contractor petitions and response to the Board with recommendation <br /> regarding adding additional rates or re-setting the rate amounts. <br /> k. The Sewer Insurance Administrator shall provide a quarterly report to the Board with <br /> recommendations and analysis of the program. The quarterly report shall contain the following <br /> information: <br /> i. Contractor performance: include recommendations as to which jobs/cleanings cannot or <br /> should not be held against a contractor for determination of continued competency (provide <br /> proof of extreme conditions of the specific situation) <br /> ii. Contractor billings per job type. Use Exhibit F for definition of job types and levels of <br /> excavation. <br /> 1. Contractors shall be directly and solely liable to a Homeowner for any damage to any <br /> Homeowner's person or property caused by the Contractor's acts, conduct or omissions arising <br /> from or within the scope of this Program. Contractor shall release and fully indemnify the City <br /> from any claim or cause of action of any kind which Homeowner may make against the City for <br /> any act, conduct or omission by the Contractor under this Program. Indemnification includes but <br /> is not limited to Contractor's payment of any legal fees or legal expense incurred by the City in <br /> defending such Homeowner claim. <br /> 8 <br />