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Reso 2012-1925
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Reso 2012-1925
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Last modified
7/11/2012 3:22:50 PM
Creation date
7/11/2012 3:21:57 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2012-1925
Date (mm/dd/yyyy)
06/21/2012
Description
Awd Bid 11-10-02&Agmt w/Shiff Const Security Barrier @ Heritage Garage
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submit any necessary revisions in response thereto within fourteen (14) days of notification <br />by the City's Building Department; <br />(b) Within seven (7) days of building permit approval from the City, Contractor <br />shall order all necessary building materials required to complete the Services; and <br />(c) Contractor shall complete all required Services no later than forty five (45) <br />days after receipt of building materials. <br />A reasonable extension of time shall be granted in the event the work of the <br />Contractor is delayed or prevented due to circumstances beyond the reasonable control of the <br />Contractor, including weather conditions or acts of God which render the performance of the <br />Contractor's duty impracticable. <br />5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event <br />the required milestone deadlines set forth in Section 4 above are not met, and in the absence <br />of any extended calendar days extension granted by the City Manager or his designee, then <br />the Contractor shall be required to pay a liquidated damage penalty of $500.00 (Five <br />Hundred Dollars) for each calendar day beyond the required milestone deadline(s), <br />continuing to the time at which the Services are complete. Such amount is the actual cash <br />value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the <br />City shall also be entitled to withhold fifty percent (50 %) of the total Compensation to be <br />paid to Contractor until final completion and acceptance of the Services. <br />6. COMPENSATION. The City agrees to pay the Contract a total amount not to exceed <br />Seventy Three Thousand Nine Hundred Twenty Three Dollars and Thirty Cents ($73,923.30) <br />for Services under this Agreement. Payment to Contractor for all charges and tasks under <br />this Agreement shall be in accordance with this Agreement and a schedule of charges <br />reflected in Attachment "A ". The Contractor shall make no other charges to the City for <br />supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any <br />such expense or cost is incurred by Contractor with the prior written approval of the City. If <br />the City disputes any charges on the invoices, it may make payment of the uncontested <br />amounts and withhold payment on the contested amounts until they are resolved by <br />agreement with Contractor. <br />7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an <br />independent contractor and shall be treated as such for all purposes. Nothing contained in <br />this agreement or any action of the parties shall be construed to constitute or to render the <br />Contractor an employee, partner, agent, shareholder, officer or in any other capacity other <br />than as an independent contractor other than those obligations which have been or shall have <br />been undertaken by the City Contractor shall be responsible for any and all of its own <br />expenses in performing its duties as contemplated under this agreement. The City shall not <br />be responsible for any expense incurred by the Contractor. The City shall have no duty to <br />withhold any Federal income taxes or pay Social Security services and that such obligations <br />shall be that of the Contractor, other than those set forth in this agreement. Contractor shall <br />furnish its own transportation, office and other supplies as it determines necessary in carrying <br />out its duties under this agreement. <br />8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under this Agreement, procure and maintain the following minimum <br />IF <br />
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