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03
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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041922
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4/13/2022 11:54:17 AM
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4/13/2022 11:52:42 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/19/2022
DESTRUCT DATE
15Y
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 <br />122 <br /> <br />for the proposing organization. Proposals submitted without the most current certified financial <br />statement or U.S. Securities and Exchange Commission (“SEC”) Form 10K shall be considered <br />non-compliant with the RFP. <br />Performance Bonds <br />To ensure faithful performance, the Contractor shall provide to the City and maintain a <br />Performance Bond due upon issuance of a Notice to Proceed (NTP). <br /> <br />(a) In the event the Contractor is notified by the City to commence disaster services in the form <br />of a Notice to Proceed, the Contractor shall provide a Performance and Payment Bond to the <br />City within seven days. <br /> <br />(b) The Performance and Payment Bond shall be in an amount at least equal to the estimated <br />price of the work as determined by the City and in such form and with such securities are <br />acceptable to the City. The City may require the Contractor to furnish other bonds, in such <br />form and with such sureties as it may require. If the estimated price of work is increased by a <br />change order, the Contractor shall be responsible to ensure that the Performance and <br />Payment Bond has been amended accordingly and of copy of the amendment shall be <br />provided to the City's Debris Manager. The maximum amount of any Bond shall not exceed <br />10 million dollars. Upon the successful completion of work, the Performance and Payment <br />Bonds shall be released by the City. <br /> <br />(c) If the Surety on any bond furnished by the Contractor is declared bankrupt or becomes <br />insolvent or its right to do business is terminated in the State of California or it ceases to meet <br />the requirements imposed by the City, the Contractor shall within five (5) calendar days <br />substitute another Bond and Surety, both of which shall be acceptable to the City. <br /> <br />(d) If the Contractor cannot obtain another bond and surety within (5) calendar days, the City shall <br />accept, and the Contractor shall provide an irrevocable letter of credit drawn on a City of <br />_______________, California bank until the bond and surety can be obtained. <br />Liquidated Damages <br />Should the Contractor fail to complete requirements set forth in this scope of work, the City shall <br />suffer damage. The amount of damage suffered by the City is difficult, if not impossible to <br />determine at this time, therefore the Contractor shall pay the City, as liquidated damages, the <br />following: <br />a. The Contractor shall pay the City, as liquidated damages, $5,000.00 per calendar day of <br />delay to mobilize in the City with the resources requested by the City, within seventy-two <br />(72) hours of being issued a NTP. <br />b. The Contractor shall pay the City, as liquidated damages, $1,000.00 per load of disaster <br />debris collected in the City that is not disposed of at a City approved DMS or City <br />Designated Final Disposal Site. Application of liquidated damaged does not release the <br />Contractor of all liability associated with hauling and depositing material to an <br />unauthorized location. <br />c. The Contractor shall pay the City, as liquidated damages, $500.00 per incident where the <br />Contractor fails to repair damages that are caused by the Contractor. Application of <br />liquidated damages does not release the Contractor from the responsibility of resolving, <br />repairing or paying for damages. <br />d. If Contractor personnel, including their subcontractors, are documented collecting debris <br />from areas that are not listed in a PO (i.e., private property, vacant lots, land clearing <br />debris), then liquidated damages shall be assessed at $1000.00 per incident. An incident <br />shall entail each individual property as identified by a property identification number.
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