11 - Agreement with Richard Drake Construction for concrete demolition & construction services

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CONTRACTOR will bill CITY bi-weekly. Each invoice shall provide supporting information describing the work completed. If additional services or expenses are requested, CONTRACTOR will not provide such additional services until authorized by CITY in writing to proceed. The scope of services shall be strictly limited. CITY shall not be required to pay any amount in excess of the amount identified in the preceding paragraph unless CITY shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. Within thirty (30) days of receipt of each such invoice, CITY shall make payment in the amount shown by CONTRACTOR's approved statements and other documentation submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, et seq. Nothing contained in this Contract shall require CITY to pay for any work that is unsatisfactory as determined by CITY or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which CITY may have if CONTRACTOR is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default. IV. Revisions of the Sco )e of Services CITY reserves the right to revise or expand the scope of services after due approval by CITY as CITY may deem necessary, but in such event CITY shall pay CONTRACTOR equitable compensation for such services. In any event, when CONTRACTOR is directed to revise or expand the scope of services under this Section of the Contract, CONTRACTOR shall provide CITY a written proposal for the entire cost involved in performing such additional services. Prior to CONTRACTOR undertaking any revised or expanded services as directed by CITY under this Contract, CITY must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. It is expressly understood and agreed by CONTRACTOR that any compensation not specified in Paragraph III hereinabove may require approval by the City Council and is subject to the current budget year limitations. V. Term and Time of Performance This Contract shall begin on the date first written above, and shall terminate April 30, 2022 or if the PARTIES otherwise terminate this Contract as provided herein. The CONTRACTOR shall commence services upon execution of this Contract. Unless terminated, or unless the Scope of Services and Time of Performance are changed in accordance with Article XV, Changes, the CONTRACTOR shall complete the Scope of Services provided under Article II by April 30, 2022. The completion schedule set for in this Article may be subject to causes that result in delay over which neither CONTRACTOR nor the CITY has any control. Notification and justification for any such delays identified by the CONTRACTOR must be made in writing and approved by the CITY. The schedule of work will be extended to include any such delays pursuant to Article XV, Changes. VI. Contract Termination Provision This Contract may be terminated at any time by CITY for any cause by providing CONTRACTOR thirty (30) days written notice of such termination. Upon receipt of such notice, CONTRACTOR shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Contract and shall proceed to promptly cancel all existing