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5.3 Pending Repair List The Contractor shall provide a computerized monthly report, to the City Traffic Engineering Division of the Community Development Department by the fifteenth day of each month, of all pending repair work needed at each intersection. This report shall be broken down by intersection and be separate from the Monthly Activity Report. If the contractor does not provide the computerized monthly activity report by the fifteenth day, the Contractor shall pay liquidated damages to the City in the amount of$500 per calendar day until the report is submitted. 6. MEETINGS The Contractor's technician shall be available to meet with the City Traffic Engineering Division on a weekly basis at a mutually agreed upon time and place in the City of Pleasanton to review each week's maintenance activities. The Contractor's maintenance supervisor shall be similarly available to meet with the City Traffic Engineering Division on a monthly basis. 7. KEY PERSONNEL Any and all persons identified in this Agreement performing work hereunder are deemed by CITY to be key personnel whose services were a material inducement to CITY to enter into this Agreement, and without whose services CITY would not have entered into this Agreement. CONTRACTOR shall not remove, replace, substitute, or otherwise change any key personnel without the prior written consent of CITY. 8. COMPENSATION 8.1 Compensation for Routine Maintenance In consideration of the furnishing by the Contractor of the described labor, services, materials and equipment in accordance with all provisions of this Agreement, together with the appurtenances thereto, said Contractor shall be paid by the City sum of S per maintained intersection per month as the flat rate cost in accordance with Page 5 "Proposal Price Comparison" of the Request for Proposals, attached and incorporated by reference as though fully set forth herein. In the event that new signals arc installed, the Contractor agrees to maintain these signals at the same flat rate and in the same manner as those covered by this Agreement upon written notification from the City Traffic Engineering Division. In the event notification is made at other than the beginning of the monthly contract period, payment for that month shall be prorated on a daily basis. Traffic Signal Maintenance Contract Attachment 3 Scope of Work Contract No. Page 9