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<br />payment and present the partial payment estimate to
<br />the City, or return the partial payment estimate to the
<br />Contractor, indicating in writing their reasons for
<br />refusing to approve payment. In the latter case, the
<br />Contractor may make the necessary corrections and
<br />resubmit the partial payment estimate. The City, will
<br />within thirty (30) days of presentation to them of any
<br />approved partial payment estimate, pay the
<br />Contractor a progress payment on the basis of the
<br />approved partial payment estimate. The City may
<br />retain ten (10) percent of the amount of each
<br />payment until final completion and acceptance of all
<br />Work covered by the Contract Documents. On
<br />completion and acceptance of a part of the Work on
<br />which the price is stated separately in the Contract
<br />Documents, payment may be made in full, including
<br />retained percentages, less authorized deductions.
<br />Any interest earned on the retainage shall accrue to
<br />the benefit of the City.
<br />
<br />1.58.2. The City shall have the right to demand and receive
<br />from the Contractor, before he shall receive final
<br />payment, final releases of lien executed by all
<br />persons, firms or corporations who have performed
<br />or furnished labor, services or materials, directly or
<br />indirectly, used in the Work. Likewise, as a condition
<br />to receiving any progress payment, the City may
<br />require the Contractor to furnish partial releases of
<br />lien executed by all persons, firms and corporations
<br />who have furnished labor, services or materials
<br />incorporated into the Work during the period of time
<br />for which the progress payment is due, releasing such
<br />lien rights those persons, firms or corporations may
<br />have for that period.
<br />
<br />1.58.3. The Contractor warrants and guarantees that title to
<br />all Work, materials and equipment covered by an
<br />Application for Payment, whether incorporated in the
<br />Project or not, will have passed to the City prior to
<br />the making of the Application for Payment, free and
<br />clear of all liens, claims, security interest and
<br />encumbrances (hereafter in these General Conditions
<br />referred to as "Liens"); and that no Work, materials
<br />or equipment covered by an Application for Payment
<br />will have been acquired by the Contractor or by any
<br />other person performing the Work at the site or
<br />furnishing materials and equipment for the Project,
<br />subject to an agreement under which an interest
<br />therein or encumbrance thereon is retained by the
<br />seller or otherwise imposed by the Contractor or such
<br />other person.
<br />
<br />1.59. Acceptance of Final Payment as Release: The
<br />Acceptance by the Contractor of final payment shall be and
<br />shall operate as a release to the City and a waiver of all claims
<br />and all liability to the Contractor other than claims in stated
<br />amounts as may be specifically excepted by the Contractor for
<br />all things done or furnished in connection with the Work and for
<br />every act and neglect of the City and others relating to or
<br />arising out of this Work. Any payment, however, final or
<br />otherwise, shall not release the Contractor of their sureties from
<br />any obligations under the Contract Documents or the
<br />Performance Bond.
<br />
<br />1.60. Suspension Of Work And Termination: The City
<br />may, at any time and without cause, suspend the Work or any
<br />portion thereof for a period of not more than ninety (90) days
<br />
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<br />by notice in writing to the Contractor which shall fix the date on
<br />which Work shall be resumed. For suspensions longer than
<br />ninety (90) days, the Contractor may be allowed an increase in
<br />the Contract Price or an extension of the Contract Time, or
<br />both.
<br />
<br />1.61. Work During Inclement Weather: No Work
<br />shall be done under these specifications except by
<br />permission of the City when the weather is unfit for
<br />good and careful Work to be performed. Should the
<br />severity of the weather continue, the Contractor upon
<br />the direction of the City, shall suspend all Work until
<br />instructed to resume operations by the City and the
<br />Contract Time pursuant to this section shall be
<br />extended to cover the duration of the order.
<br />
<br />1.62. City May Terminate: If the Contractor is adjudged
<br />bankrupt or insolvent, or if they make a general
<br />assignment for the benefit of their creditors, or if a
<br />trustee or receiver is appointed for the Contractor or
<br />for any of their property, or if they file a petition to
<br />take advantage of any debtor's act, or to reorganize
<br />under bankruptcy or similar laws, or if they
<br />repeatedly fails to supply sufficient skilled workmen
<br />or suitable materials or equipment, or if they
<br />repeatedly fail to make prompt payments to Sub-
<br />Contractors or for labor, materials or equipment or
<br />they disregards laws, ordinances, rules, regulations
<br />or orders of any public body having jurisdiction, or if
<br />they disregard the authority of the City, of if they
<br />otherwise violates any provision of, the Contract
<br />Documents, then the City may, without prejudice to
<br />any other right or remedy and after giving the
<br />Contractor and the surety ten (10) days written
<br />notice, terminate the services of the Contractor and
<br />take possession of the Project and of all materials,
<br />equipment, tools, construction equipment and
<br />machinery thereon owned by the Contractor, and
<br />finish the Work by whatever method they may deem
<br />expedient. In such case the Contractor shall not be
<br />entitled to receive any further payment until the Work
<br />is finished. If the unpaid balance of the Contract
<br />Price exceeds the direct and indirect costs of
<br />completing the Project, including compensation for
<br />additional professional services, such excess shall be
<br />paid to the Contractor. If such costs exceed such
<br />unpaid balance, the Contractor will pay the difference
<br />to the City. Such costs incurred by the City will be
<br />determined by the City and incorporated in a Change
<br />Order. If after termination of the Contractor under
<br />this Section, it is determined by a court of competent
<br />jurisdiction for any reason that the Contractor was
<br />not in default, the rights and obligations of the City
<br />and the Contractor shall be the same as if the
<br />termination had been issued pursuant to this
<br />document.
<br />
<br />1.62.1. Where the Contractor's services have been so
<br />terminated by the City said termination shall not
<br />affect any rights of the City against the Contractor
<br />then existing or which may thereafter accrue. Any
<br />retention or payment of moneys by the City due the
<br />Contractor will not release the Contractor from
<br />liability.
<br />
<br />1.62.2. Upon ten (10) days written notice to the Contractor,
<br />the City may, without cause and without prejudice to
<br />
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