Agenda - Parks and Recreation Commission - 08/09/2018

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3. That the Contract Documents are, in its opinion, appropriate and adequate for the complete construction of the Project in a sound and suitable manner. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood as follows: 1. Work Performance. Contractor shall perform the Work as described in the Contract Documents which are incorporated herein by reference. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the services. 2. Commencement of Work. The Contractor shall commence work on the Project within ten (10) days of the date of the Notice to Proceed given by the City Engineer and shall have the Work substantially complete within the period specified in the Contract Documents. Failure to complete the work within this period will be cause for the Contractor to forfeit the amount as required by the Special Provisions terms of the Contract Documents and that it is appropriately licensed by all applicable agencies and governmental entities. 3. Contractor Compensation. The Owner shall compensate Contractor for the Work in the amount of $ per lineal foot based upon the Contractor's accepted bid subject to any additions or deductions provided therein, payment shall be made pursuant to the payment provisions outlined in the Contract Documents. 4. Independent Contractor Relationship. It is expressly understood that the Contractor is an "independent contractor" and not an employee of the City. The Contractor shall have control over the manner in which the services are performed under this Agreement. The Contractor shall supply, at its own expense, all materials, supplies, equipment and tools required to accomplish the work contemplated by this Agreement. The Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 5. Insurance Requirements. A. Liability. The Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,500,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises,