Reso 2008-1357 - Laserfiche WebLink

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13.5. CONTRACT TIME. The Work will be substantially completed within 150 calendar days after the date when the Contract Times commence to run and be completed and shall be ready for final payment within 180 calendar days after the date when the Contract Times commence to run. 13.6. LIOUIDATED DAMAGES. The City and Contractor realize that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in this section, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by City if the Work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay City One Thousand Five Hundred and 00/100 dollars ($1,500.00) for each day that expires after the time specified above for the Substantial Completion Date and the actual date of Substantial Completion. Furthermore, if Contractor shall neglect, refuse, or fail to complete the Project by the Project completion date or any proper extension thereof granted by City, then Contractor shall pay the City One Thousand and 00/100 dollars ($1,000.00) for each day that expires after the time specified for completion and readiness for final payment and the actual date of completion and readiness for final payment. 13.7. INCENTIVE BONUS. The City desires to expedite construction on this Contract to minimize the inconvenience to the public and to reduce the time of construction. In order to achieve this, an incentive provision is established for the Contract. If Contractor is entitled to an increase in the Contract Price as a bonus for completion of the Work prior to the time specified for completion and readiness for final payment, the Contract Price will be increased by the sum of One Thousand Five Hundred and 00/100 dollars ($1,500.00) for each calendar day up to a maximum of thirty (30) calendar days the Project is fully complete prior to the time specified for completion and readiness for final payment and the actual date of completion and readiness for final payment. 13.8. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in the Contract Documents. Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for work actually completed. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 13.9. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 13.10. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. PAGE 66 OF 130 BID No. 08-10-01