16-RECOMMEND AWARD OF CONTRACT - Laserfiche WebLink

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1.06 Additional time to perform monthly work orders will be allowed by the CITY only in the instance of substantial weather delays which make perFormance impractical, as determined exclusively by and approved by the CITY. Weather delays will be considered by the CITY only if requested immediately by the CONTRACTOR. Because CONTRACTOR will be completing work orders based on a monthly schedule, CONTRACTOR shall ensure that CITY is made aware of any and all weather delays that occur throughout the month in the event those weather delays result in CONTRACTOR'S failure to complete the required number of work orders by the monthly deadline. 1.07 CITY and CONTRACTOR recognize that time is of the essence in this Agreement and that CITY may suffer financial loss if the Work is not completed on schedule with the City's fiscal year and within the times specified above. The Parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding 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 unapproved delays (but not as a penalty) CONTRACTOR shall pay CITY $100.00 per work order for each calendar day beyond the last day of each month that CONTRACTOR fails to complete a minimum of five (5) outstanding work orders. This Section does not apply to outstanding work orders beyond the minimum five (5) required in Section 1.05. 1.08 CONTRACTOR shall submit invoices to CITY on a monthly basis for all work completed during the previous month and said invoice shall be delivered to City by the fifth day of the following month. Bills should include a cover page showing the total amount due for the month, completed work orders showing the cost per structure, and landfill trip tickets for debris related to the demolition of each structure. No additional charges will be permitted unless approved in advance in writing by CITY as a change order. No extra charges will be permitted for weather delays. CONTRACTOR will be paid within thirty (30) days of receipt of invoice by CITY for work completed in conformance with this Agreement. Nothing herein shall require the CITY to expend more funds for demolition services than the amount budgeted for this service during the relevant CITY Fiscal Year. 1.09 CONTRACTOR covenants and agrees that CONTRACTOR is an independent CONTRACTOR and not an officer, agent, servant or employee of CITY; that CONTRACTOR shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, CONTRACTORS, SUBCONTRACTORS and consultants; that the doctrine of respondeat superior shall not apply as befinreen CITY and CONTRACTOR, its officers, agents, employees, CONTRACTORS, SUBCONTRACTORS and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR. �