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CITY if the Work is not completed on time. Accordingly, instead of requiring any <br />such proof, CITY and CONTRACTOR agree that as liquidated damages for <br />unapproved delays (but not as a penalty) CONTRACTOR shall pay CITY $100.00 <br />per day for each work order that has not been completed by the last day of the <br />month on which the work order was received. This Section does not apply to <br />outstanding work orders beyond the minimum five (5) required in Section 1.03. <br />1.06 CONTRACTOR must submit bills to CITY on a monthly basis for all work completed <br />during the month by no later than the fifth day of the following month. Bills should <br />include a cover page showing the full amount due for the month, completed work <br />orders showing the cost per structure, and landfill trip tickets for debris related to the <br />demolition of each structure. No additional charges will be permitted unless <br />approved in advance in writing by CITY as a change order. No extra charges will <br />be permitted for weather delays. CONTRACTOR will be paid within thirty (30) days <br />of receipt of invoice by CITY for work completed in conformance with the bid <br />documents and the Agreement. Nothing herein shall require CITY to expend more <br />funds than that amount currently budgeted for this activity as approved by the City <br />Council. <br />1.07 With the execution and delivery of this Agreement, CONTRACTOR shall furnish and <br />file with the CITY a performance and payment bond (using City's provided forms) in <br />the amount of the total estimated annual expenditure for demolition of dilapidated <br />structures 2008-2009 of $155,000.00 and which satisfies the requirements of <br />Chapter 2253, Texas Government Code and Article 7.19-1 of the Insurance Code, <br />as amended. The sureties shall be approved in the most current Federal Register <br />Treasury List and the Bonds will be accompanied by a properly authorized power of <br />attorney. The CITY reserves the right to reject any and all sureties. <br />1.08 CONTRACTOR covenants and agrees that CONTRACTOR is an independent <br />contractor and not an officer, agent, servant or employee of CITY; that <br />CONTRACTOR shall have exclusive control of and exclusive right to control the <br />details of the work performed hereunder and all persons perForming same, and shall <br />be responsible for the acts and omissions of its officers, agents, employees, <br />contractors, subcontractors and consultants; that the doctrine of respondeat <br />superior shall not apply as between CITY and CONTRACTOR, its officers, agents, <br />employees, contractors, subcontractors and consultants, and nothing herein shall <br />be construed as creating a partnership or joint enterprise befinreen CITY and <br />CONTRACTOR <br />1.09 CONTRACTOR shall be responsible for the safety of operations and shall provide <br />appropriate safety warnings for the protection of the work area. Provision of safety <br />includes use of appropriate barricades, traffic control, control of the use of <br />equipment near traffic or pedestrians, and provision of other controls and warnings <br />as needed. <br />1.10 CITY shall not be liable to CONTRACTOR, CONTRACTOR's agents, servants, <br />employees, patrons, customers, visitors, guests, or invitees, nor any pedestrian or <br />bystander for any damage or injury caused by the negligent or intentional acts of <br />CONTRACTOR, CONTRACTOR's officers, employees, agents, or servants in the <br />2 <br />