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within thirty (30) days of receipt of said work order (excluding weather days allowed
<br />by City). The parties agree that said sum would be reasonable and just compensation
<br />for such breach, and CONTRACTOR hereby promises to pay such sum as liquidated
<br />damages and not as a penalty.
<br />1.06 CONTRACTOR must submit bills to CITY on a monthly basis for all work completed
<br />during the prior month no later than the fifth business day of the following month.
<br />Bills should include a cover page showing the full amount due for the month,
<br />completed work orders showing the cost per structure and landfill trip tickets for
<br />debris related to the demolition of each structure. No additional charges will be
<br />permitted unless approved in advance in writing by CITY as a change order. No
<br />extra charges will be permitted for unapproved weather delays. CONTRACTOR will
<br />be paid within thirty (30) days of receipt of invoice by CITY for work completed in
<br />conformance with the Bid Documents, Master Specifications and this Agreement.
<br />Nothing herein shall require OWNER to expend more funds than that amount
<br />currently budgeted for this activity as approved by the City Council.
<br />1.07 CONTRACTOR covenants and agrees that CONTRACTOR is an
<br />independent 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 between CITY and
<br />CONTRACTOR.
<br />1.08 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 equipment
<br />near traffic or pedestrians, and provision of other controls and warnings as needed.
<br />1.09 OWNER 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 acts or negligence of
<br />CONTRACTOR, CONTRACTOR'S officers, employees, agents, or servants, or
<br />resulting from the operation of any device or equipment located upon the contracted
<br />property or any appurtenance thereof, nor for any damage or injury from any defect
<br />or want of repair of repair any structure or device on the contracted property.
<br />1.10 CONTRACTOR agrees to indemnify, save, and hold the CITY, it's elected officials,
<br />officers and employees harmless from any and all demands, debts, liabilities, suits,
<br />claims, and causes of action of every kind on account of injury or damage to any
<br />person or property, arising from or connected with the work, services and contractual
<br />duties provided by the CONTRACTOR under this Agreement.
<br />1.11 CONTRACTOR is required to provide, during the term of this Agreement, and to
<br />keep and maintain in full force and effect, a policy or policies of insurance, providing
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