GACHINA LANDSCAPE MANAGEMENT INC. (#2027179)

Medians, Fire Stations & Main Street Landscape Project No: PWD 26.301 cannot reasonably calculate a sum to reflect the costs to the City when the Contractor does not provide adequate traffic controls. Therefore, the Contractor shall pay to the City, as liquidated damages and not as a penalty, the sum of two hundred dollars ($200.00) for each instance where the City formally notifies the Contractor in writing that adequate traffic controls are not being provided by the Contractor at any work site. The levy of liquidated damages is in addition to all other rights and remedies available to City under this contract, and the waiver of the right to levy liquidated damages does not waive City's right to enforce any additional conditions or seek any other remedies. SECTION 8. CONTRACT ADMINISTRATION 8-01 Monthly Submittals Contractor shall submit to Parks Division Manager the following items with the monthly invoice: Copy of Alameda County monthly pesticide use report; irrigation schedules for each controller (downtown color bowls); resident contacts or work order status; the previous month's completed work by crew, and a schedule which outlines the next 30 days of work, to include crew locations by day. 8-02 Records Written records of watering schedules, fertilization, pest control spraying, status of open service requests, crew locations by day, total number of hours worked year-to-date, and other maintenance work shall be maintained by the Contractor. Written records describing all products and materials used during maintenance shall also be maintained by the Contractor. A copy of the record shall be provided to the City on a monthly basis. 8-03 Control, Supervision, and Approval Authority A.Unless otherwise provided by specific provisions, Contractor's operations, and activities pursuant to this agreement shall be under the control and supervision of the Parks Division Manager or their authorized representative, and such person shall exercise such control and supervision for and on behalf of the City where so designated in this agreement. B.Whenever, under the provisions of this agreement, the Contractor is prohibited from doing something unless the Contractor first obtains the approval or consent of the City, such approval and consent must be obtained from the Parks Division Manager or their authorized representative. C. Supervision, Inspection, and Contract Compliance: Contractor must provide for adequate supervision and inspection of all work performed to ensure that each requirement of these specifications is consistently met. A fully qualified supervisor representing the Contractor shall be readily available to meet with the Parks Division Manager as needed to correct problems and conflicts and to coordinate work schedules. EXHIBIT A Docusign Envelope ID: 0CA1C663-FC9F-8542-829D-EE33675CC266Docusign Envelope ID: F7F9ED3E-EB07-824E-82A3-2EC213332F32