Reso 2019-2952 - Laserfiche WebLink

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e evidence that the Work will not be'com'completed in the time required for ( ) pq substantial or final completion; ,.<s (f) :,persistent failure to carry out the-Wardc in acccordancewith the Contracts,:: :. (g) damage to the City or a third party to whom the City is, or maybe, liable. this failure to comply with 5.2.3 of th s Section. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5:3.1, the Contractor shall comply with such demand within ten (10) days of receipt of same. 5.4 Unexcused Failure to Pay 5.4.1 If within twenty-five (25) days after the date established herein for payment to the Contractor by the City, the City, without cause or basis hereunder, fails to pay the Contractor any amount then due and payable to the Contractor, then the Contractor may after ten (10) additional days' written notice to the City and the Engineer / Architect and without prejudice to any other available rights or remedies it may have, stop the Work until payment of those amounts due from the City have been received. Any payment not made within twenty- five (25) days after the date due shall bear interest at the City's investment earnings rate from the Florida State Board of Administration. Completion 5.5 Substantial Co plet on 5.5.1 When the Contractor believes the Work is substantially complete,the Contractor shall submit to the Engineer / Architect a list of items to be completed or corrected; the Engineer / Architect or the City may supplement such list in the event the Contractor has omitted any incomplete or defective work. When the Engineer/Architect, on the basis of an inspection, and after consultation with the City, determines the Work is in fact substantially complete, it will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall state the responsibilities of the City and the Contractor for Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Guarantees required by the Contract shall commence on the date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to the City and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. Upon Substantial Completion of the Work, and execution by both the City and the Contractor of the Certificate of Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100%) of the Contract Price less three hundred percent (300%) of the reasonable cost as determined by the City and the Engineer / Architect for completing all incomplete Work, correcting and bringing into conformance all defective and non-conforming Work, and handling all unsettled claims. If the Engineer/Architect is unable to issue its Certificate of Substantial Completion after inspection of the Work, and is required to repeat its inspection of the Work, the Contractor shall bear the costs of such repeat inspection(s)for Substantial Completion which cost may be deducted by the City from any sums otherwise due the Contractor. 5.5.2 As-builts cost at the time of the Substantial Completion shall be held as $5,000.00 plus 300% as stated in Section 5.5.1. 10