Laserfiche WebLink
damages representing an estimate of delay damages likely to be sustained by the City, estimated <br />at or before the time of executing this Contract. When the City reasonably believes that final <br />completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold <br />from any amounts otherwise due the Contractor an amount then believed by the City to be <br />adequate to recover liquidated damages applicable to such delays. <br />5.6.2. As a condition precedent to final payment to the Contractor, the Contractor shall <br />deliver to the City the following documents in a form acceptable to the City: a final receipt and <br />release of the City; the Contractor's affidavit that all payrolls, invoices for materials and equipment, <br />and other liabilities connected with the Work for which the City, or the City's property might be <br />responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all <br />Subcontractors of the Contractor and of any and all other parties required by the Engineer / <br />Architect or the City; consent of surety to final payment; a duly executed assignment of any and all <br />warranties required by the Contract Documents; any and all operating manuals required by the <br />Contract Documents; certification that all personal instruction or training required by the Contract <br />Documents for the operation of any Project systems has been completed; any and all manuals <br />relating to Project materials or Project maintenance; executed change orders relating to any and all <br />changes in the Work; and all as -built drawings required by the Contract Documents. If any third <br />party fails or refuses to provide a release of claim or waiver of lien as required by the City, the <br />Contractor shall furnish a bond satisfactory to the City to discharge any such lien or indemnify the <br />City from liability. <br />5.6.3. As a further condition precedent to final payment, the Contractor shall furnish to <br />the City a complete and comprehensive set of as -built drawings; said as -built drawings are to be <br />submitted in hard copy and in electronic format, and the City and the Contractor agree and <br />acknowledge that the Contract Price includes all cost and expense associated with the production <br />of said as -built drawings. <br />5.6.4. The City shall make final payment of all sums due the Contractor within thirty (30) <br />days of the Engineer / Architect's execution of a final Certificate for Payment. <br />5.6.5. Acceptance of final payment shall constitute a waiver of all claims against the City <br />by the Contractor except for those claims previously made in writing against the City by the <br />Contractor, pending at the time of final payment, and identified in writing by the Contractor as <br />unsettled at the time of its request for final payment. <br />ARTICLE VI <br />THE CITY <br />6.1 Information, Services and Items Required from City <br />6.1.1. The City. The City of Sunny Isles Beach, as represented by the City Commission <br />and its designees, which is the owner of this Project. <br />6.1.2. The Building Department. The Building Department is the City's Department <br />responsible for assuring compliance with applicable regulations and the Florida Building Code as <br />required. The Building Department is responsible for issuing permits, reviews, inspections, <br />Page 11 of 44 <br />