Agmt23 Shape, Inc. - Laserfiche WebLink

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REV: 06-09-2023 RL In addition, the City may need Contractor to provide and install new pumps. Contractor shall submit to the Wastewater and Storm Public Works Superintendent, a detailed description of the work to be performed, along with a cost estimate for such services, and obtain written approval prior to Contractor commencing any work. The parties shall both execute a written change order, documenting City's approval and Contractor's price and scope of work. Miscellaneous Requirements: •Contractor will be responsible for any damage caused by their operations and shall repair or replace damaged items, as directed by the Wastewater and Storm Public Works Superintendent, said damage within a reasonable time. City reserves the right to make inspections whenever necessary to ascertain that the requirements of this Agreement are being fulfilled. Deficiencies noted shall be promptly corrected at Contractor's expense. •Since the determination of actual damages for any failure or delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of such failure or delay, Contractor and its sureties agree that they shall be liable for and shall pay to the City the following sums noted herein as liquidated damages for each failure or delay in the performance of the services required hereunder. Contractor agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due under this Agreement. The parties agree that the liquidated damage amounts shown below are reasonable and appropriate. Liquidated Damage Amounts Failure to provide preventive maintenance at any given location at least once yearly as scheduled¹: $500 per instance; If the Contractor fails on three or more occasions within a given year to provide preventative maintenance by failing to appear for scheduled maintenance without advance notice to the Wastewater and Storm Public Works Superintendent, it will be considered a material breach of the Agreement. The City may terminate this Agreement and immediately seek a replacement vendor. Contractor will pay $2,000 per each remaining un-serviced pump that year. Notwithstanding the separate liquidated damages clause, if Contractor fails to perform the work required by the terms of this Agreement in a diligent and satisfactory manner, the City may, after 30 days' written notice to Contractor, perform or cause to be performed, all or any part of the work required hereunder. Contractor agrees that it will reimburse the City for the work performed or caused to be performed, and the City may deduct the amount from any monies due or that may become due under this Agreement. The waiver by the City of a breach of any provision of this Agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor. __________________________ Contractor’s failure to provide such preventative maintenance without rescheduling in advance of the maintenance and/or providing notice in advance to the City shall trigger the liquidated damages provision. ATTY/AGR.2023.131/Shape Inc. (Flygt Pumps Maintenance) (Page 17 of 19)