Superior Landscaping - Laserfiche WebLink

Home Browse Search

both the City and Contractor agree and elect to exercise its option to renew, Contractor agrees to honor the same prices reflected in Attachment "A" during the optional renewal period(s), unless the City agrees in writing to a price change prior to the commencement of the optional renewal period(s). ARTICLE S. TIME OF COMPLETION. The Contractor shall commence the Work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the City Manager or his designee to begin Work and shall fully complete the Work in accordance with this Agreement and the Contract Documents within the number of calendar days as set forth in the Contract Documents. ARTICLE 6. TIME IS OF THE ESSENCE; LIQUIDATED DAMAGES. It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, and, in the event that the Work is not completed within the time specified in the Contract Documents, including this Agreement, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter, Sundays and holidays included, the sum of $250.00 (two hundred and fifty dollars) per day for failure of the Contractor to complete the Work within the time stipulated, and that this sum is not a penalty, but will be the liquidated damage(s) that City will have sustained in the event of such default by the Contractor. ARTICLE 7. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully as part of the Contract as if attached to this Agreement, or repeated in this Agreement: ADVERTISEMENT FOR PROPOSAL CONTRACTOR'S RESPONES TO ADVERTISEMENT TO PROPOSAL CONTRACTOR'S BID BOND THIS AGREEMENT PERFORMANCE BOND INSTRUCTIONS TO PROPOSERSS SPECIFICATIONS ADDENDA ARTICLE 8. CONTINGENCY CLAUSE. Funding for this Agreement is contingent upon the availability of funds and continued authorization for project activities and is subject to amendment or termination due to lack of funds, reduction of funds, and /or change in regulations, upon thirty (30) days written notice. ARTICLE 9. MATERIALITY AND WAIVER OF BREACH. (a) City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof; and (b) City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. ARTICLE 10. SEVERANCE. In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. PAGE 91 OF 105 PROPOSAL NO.