SR 05:139 - Laserfiche WebLink

The work shall be directed by the Contract Documents as may be clarified from time to time by the Owner's representatives. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Owner. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assigned or transfer interests under this Agreement. 4-05. LEGAL RELATIONS AND RESPONSIBILITY The contractor's attention is directed to the following which are applicable to this Contract, with the exception that the City shall not pay for any of the requirements covered by this section, the cost of which, if any, shall be considered as included in the proposal items. A. NOTICES Any notice fi.om one party to the other under this Contract shall be in writing and shall be dated and signed by the partying giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner: If the notice is given to Owner, it must be by personal delivery thereof to the Director of Public Works or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to Owner for the attention of said Director of Public Works, P.O. Box 520, Pleasanton, CA 94566-0802 postage prepaid and registered. If the notice is given to Contractor, it must be personal delivery thereof to Contractor, or to Contractor's foreperson at the site of the work, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to Contractor at Contractor's regular place of business or at such address as may have been established for the contract of the work, postage prepaid and registered; or If notice is given to the Surety or any other person, be personal delivery to such Surety or by depositing the same in the United States mails, enclosed in a sealed envelope, addresses to such Surety or person at the address of such Surety or person last communicated by him/her to the party giving the notice, postage prepaid and registered; and 4. The effective date of such notice(s) shall be the date personal delivery is made or the date shown on the return receipt of the registered mail notice. ENTIRE CONTRACT No verbal agreement or conversation with any officer, agent or employee of Owner, either before, during or after the execution of this Contract, shall affect any of the terms or obligations contained in the Contract Documents, nor shall such verbal agreement or conversation entitle Contractor to any additional payment whatsoever under the terms of this Contract. B. FAILURE TO COMPLETE THE WORK ON TIME (LIQUIDATED DAMAGES)