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6. 1. C. - Page 29 <br />Attachment C — Liquidated Damages Clause <br />*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL* <br />Providing preventative maintenance services as well as repairs for the storm pumps located <br />throughout Redwood City and Redwood Shores, in accordance with established standards, such <br />that the pumps function as designed in a manner that promotes the public's health, safety and <br />well-being, are the most important criteria for awarding this contract to the selected firm. The <br />selected firm, in its Proposal, has committed to providing preventive maintenance, scheduled <br />repair, and emergency repair of pumps at a frequency described in this Solicitation. <br />It is expressly understood that the experience, knowledge, capability and reputation of the <br />selected firm, and the selected firm's commitment to provide timely repair and maintenance <br />services are a substantial inducement for City to enter into a contract with the selected firm. <br />Therefore, in the event the City observes the selected firm's inability to meet its commitments <br />made in relation to furnishing services, certain damages will incur and shall apply to payments <br />due to the selected firm. <br />The City proposes the following liquidated damages clause as a condition of a contract awarded <br />to the selected firm. <br />Since the determination of actual damages for any delay in performance of this Agreement would <br />be extremely difficult or impractical to determine in the event of a breach of this Agreement, the <br />Contractor and its sureties shall be liable for and shall pay to the City the following sums noted <br />herein for each failure or delay in the performance of the services required hereunder. The City <br />may withhold from any monies payable on account of services performed by the Contractor any <br />accrued liquidated damages. The parties agree that the amounts shown below are reasonable <br />and appropriate. <br />- Failure to provide preventive maintenance at any given location at least once yearly as <br />scheduled': $500 per instance; <br />- Failure to respond within the designated timeframe for an emergency repair request: $1,000 <br />per instance; <br />If the Contractor fails on three or more occasions within a given year on any of the above without <br />advance notice to the City, it will be considered a material breach of the contract. The City may <br />immediately seek a replacement vendor, and Contractor may be charged $2,000 per each <br />remaining un -serviced pump that year. <br />' Without rescheduling in advance of the maintenance and/or providing notice in advance to the City <br />PUBLIC WORKS SERVICES DEPARTMENT <br />FY2017-18 STORM PUMP PM AND ON-CALL REPAIR RFP 16 of 23 <br />