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filing thereof, 5.52.2.4. The Contract Price has been reduced because of modifications, 5.52.2.5. The City has been required to correct defective Work or complete the Work in accordance with this section. 5.52.2.6. Of unsatisfactory prosecution of the Work, including failure to clean up as required by this document, 5.52.2.7. Of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 5.52.2.8. Of liquidated damages payable by the Contractor, or 5.52.2.9.0f any other violation of, or failure to comply with provisions of the Contract Documents. 5.52.3. Prior to Final Acceptance the City, with the approval of the Consultant and with the concurrence of the Contractor, may use any completed or substantially completed portions of the Work. Such use shall not constitute an acceptance of such portions of the Work. 5.52.4 The City shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the City. 5.52.5 Upon completion and acceptance of the Work the Consultant shall issue a certificate attached to the final payment request that the Work has been accepted by them under the conditions of the Contract Documents. The entire balance found to be due the Contractor, including the retained percentages, but except such sums as may be lawfully retained by the City, shall be paid to the Contractor within sixty (60) days of completion and acceptance of the Work. 5.53. Acceptance of Final Payment as Release: The Acceptance by the Contractor of final payment shall be and shall operate as a release to the City and a waiver of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with the Work and for every act and neglect of the City and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the Contractor of their sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 5.54. Suspension Of Work And Termination: The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. For suspensions longer than ninety (90) days, the Contractor may be allowed an increase in the Contract Price or an extension of the Contract Time, or both. 5.55. Work During Inclement Weather: No Work shall be done under these specifications except by permission of the City when the weather is unfit for good and careful Work to be performed. Should the severity of the weather continue, the Contractor upon the direction of the City or Consultant, shall suspend all Work until instructed to resume operations by the City or Consultant and the Contract Time pursuant to this section shall be extended to cover the duration of the order. Work damaged during periods of suspension due to inclement weather shall be repaired and/or replaced by the Contractor. Any PAGE 34 OF 130 BID No. 08-10-01