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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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060722
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6/2/2022 4:04:13 PM
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6/2/2022 4:03:30 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
15Y
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SECTION 7. TRAFFIC CONTROL <br /> 7-01 General <br /> The Landscape Architect shall review the Contractor's traffic control throughout the <br /> duration of this maintenance contract. If, in the opinion of the Landscape Architect ,the <br /> traffic control is inadequate, the Landscape Architect shall direct the Contractor to stop <br /> all maintenance work and correct the traffic control problem. If the problem cannot be <br /> corrected with on-site materials, all work shall stop, and the existing equipment shall be <br /> removed until the traffic control can be properly placed. <br /> 7-02 Liquidated Damages <br /> The parties acknowledge that the need for adequate traffic control is of paramount safety <br /> importance, and that the City must expend staff time and effort to monitor Contractor's <br /> traffic control program. If the Contractor is not providing adequate traffic control, City <br /> staff must expend additional time and effort to immediately correct the situation. Because <br /> of the ongoing nature of this maintenance contract, the parties acknowledge that they <br /> cannot reasonably calculate a sum to reflect the costs to the City when the Contractor <br /> does not provide adequate traffic controls. Therefore,the Contractor shall pay to the City, <br /> as liquidated damages and not as penalty, the sum of two hundred dollars ($200.00)for <br /> each instance where the City formally notifies the Contractor in writing that adequate <br /> traffic controls are not being provided by the Contractor at any work site. <br /> The levy of liquidated damages is in addition to all other rights and remedies available to <br /> City under this contract, and the waiver of the right to levy liquidated damages does not <br /> waive City's right to enforce any additional conditions or seek any other remedies. <br /> Exhibit A-Scope of Work 2022 <br /> Rev.4/29/2022 Page 20 <br />
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