AgdaPkt 2020-01-13 Joint - Laserfiche WebLink

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6.E. - Page 39 of 44 ATTACHMENT E - LIQUIDATED DAMAGES CLAUSE *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL* Providing on- call SCADA maintenance and troubleshooting services in accordance with established industry standards, such that the City's SCADA system functions as designed in a manner that promotes the public's health and safety, are the most important criteria for awarding this contract to the selected firm. In its proposal the selected firm has committed to providing on- call maintenance and troubleshooting services for the City' s entire SCADA system; and, has committed to responding within the response times specified in firm' s proposal. It is expressly understood that the experience, knowledge, capability and reputation of the selected firm and the selected firm' s commitment to provide on- call SCADA system maintenance and troubleshooting 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 the 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 respond to a request for service: $ 250 per instance; Repetitive calls for service at a single location: $ 100 per repeated call; Failure to respond to an emergency request for service: $ 500 per instance. NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL* LIQUIDATED DAMAGES CLAUSE One of the following statements must be acknowledged by the Proposer. The statement that does not apply shall be crossed -out or otherwise marked to indicate it does not apply. Statement A: I hereby certify that I have read and understood the proposed Liquidated Damages clause included in this Attachment C, and agree to its inclusion in a contract awarded to my firm. PUBLIC WORKS SERVICES DEPARTMENT FY 2019-20 ON-CALL SCADA SYSTEM MAINTENANCE AND TROUBLESHOOTING NIB 22 OF 23 200