Reso 2024-3732 - Laserfiche WebLink

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Contract. In the event the City requires such documentation, the provisions of the Local Government Prompt Payment Act (Sections 218.70 through 218.79) shall be suspended until such time as the City obtains the requested documentation; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract price; (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the City or a third party to whom the City is, or may be, liable. 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. 5.5 Substantial Completion 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. 5.6 Completion and Final Payment 5.6.1. When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the City and the Engineer / Architect thereof in writing. Thereupon, the MBR CONSTRUCTION, INC. Page 9 of 41 158