AgdaPkt 2018-10-22 Joint SA PFA - Laserfiche WebLink

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6. 1. C. - Page 41 Attachment C — Liquidated Damages Clause *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL* Providing preventative maintenance services as well as repairs for the storm pumps located throughout Redwood City and Redwood Shores, in accordance with established standards, such that the pumps function as designed in a manner that promotes the public's health, safety and well-being, are the most important criteria for awarding this contract to the selected firm. The selected firm, in its Proposal, has committed to providing preventive maintenance, scheduled repair, and emergency repair of pumps at a frequency described in this Solicitation. It is expressly understood that the experience, knowledge, capability and reputation of the selected firm, and the selected firm's commitment to provide timely repair and maintenance services are a substantial inducement for City to enter into a contract with the selected firm. Therefore, in the event the City observes the selected firm's inability to meet its commitments made in relation to furnishing services, certain damages will incur and shall apply to payments due to the selected firm. The City proposes the following liquidated damages clause as a condition of a contract awarded to the selected firm. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the following sums noted herein for each failure or delay in the performance of the services required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. The parties agree that the amounts shown below are reasonable and appropriate. Failure to provide preventive maintenance at any given location at least once yearly as scheduled': $500 per instance; Failure to respond within the designated timeframe for an emergency repair request: $1,000 per instance; If the Contractor fails on three or more occasions within a given year on any of the above without advance notice to the City, it will be considered a material breach of the contract. The City may immediately seek a replacement vendor, and Contractor may be charged $2,000 per each remaining un -serviced pump that year. ' Without rescheduling in advance of the maintenance and/or providing notice in advance to the City PUBLIC WORKS SERVICES DEPARTMENT FY2017-18 STORM PUMP PM AND ON-CALL REPAIR RFP 16 of 23