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<br />property .
<br />
<br />1.57.8.6.Other overhead or general expense costs of
<br />any kind and the costs of any item not specifically
<br />and expressly included in this document.
<br />
<br />1.57.9. The Vendor's fee which shall be allowed to Vendor for
<br />their overhead and profit shall be determined as follows:
<br />
<br />1.57.9.1. A mutually acceptable firm fixed price; or
<br />if none can be agreed upon;
<br />
<br />1.57.9.2. A mutually acceptable fixed fee based on
<br />the estimate of the various portions of the cost of the
<br />Work.
<br />
<br />1.57.10. The amount of credit to be allowed by Vendor to City
<br />for any such change which results in a net decrease
<br />in cost, will be the amount of the actual net decrease.
<br />When both additions and credits are involved in any
<br />one change, the net shall be computed to include
<br />overhead and profit, identified separately, for both
<br />additions and credit, provided however, the Vendor
<br />shall not be entitled to claim lost profits for any Work
<br />not performed.
<br />
<br />1.57.11. Whenever cost of any Work is to be determined
<br />pursuant to this document, Vendor will submit in form
<br />prescribed by City an itemized cost breakdown
<br />together with supporting data.
<br />
<br />1.58. Payments to Vendor: At least ten (10) days before
<br />each progress payment falls due (but not more often than once
<br />a month), the Vendor will submit to the City a partial payment
<br />estimate filled out and signed by the Vendor covering the Work
<br />performed during the period covered by the partial payment
<br />estimate and supported by such data as the City may
<br />reasonably require.
<br />
<br />1.58.1. If payment is requested on the basis of materials and
<br />equipment not incorporated in the Work but delivered
<br />and suitably stored at or near site, the partial
<br />payment estimate shall also be accompanied by such
<br />supporting data, satisfactory to the City, as will
<br />establish the City's title to the material and
<br />equipment and protect their interest therein,
<br />including applicable insurance. The City will within
<br />ten (10) days after receipt of each partial payment
<br />estimate, either indicate in writing their approval of
<br />payment and present the partial payment estimate to
<br />the City, or return the partial payment estimate to the
<br />Vendor, indicating in writing their reasons for refusing
<br />to approve payment. In the latter case, the Vendor
<br />may make the necessary corrections and resubmit
<br />the partial payment estimate. The City, will within
<br />thirty (30) days of presentation to them of any
<br />approved partial payment estimate, pay the Vendor a
<br />progress payment on the basis of the approved
<br />partial payment estimate. The City may retain ten
<br />(10) percent of the amount of each payment until
<br />final completion and acceptance of all Work covered
<br />by the Contract Documents. On completion and
<br />acceptance of a part of the Work on which the price
<br />is stated separately in the Contract Documents,
<br />payment may be made in full, including retained
<br />percentages, less authorized deductions. Any interest
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<br />BID No. 11-05-02
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<br />earned on the retainage shall accrue to the benefit of
<br />the City.
<br />
<br />1.58.2. The City shall have the right to demand and receive
<br />from the Vendor, 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 Vendor to furnish partial releases of lien
<br />executed by all persons, firms and corporations who
<br />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 Vendor warrants and guarantees that title to all
<br />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 Vendor 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 Vendor or such
<br />other person.
<br />
<br />1.59. Acceptance of Final Payment as Release: The
<br />Acceptance by the Vendor of final payment shall be and shall
<br />operate as a release to the City and a waiver of all claims and
<br />all liability to the Vendor other than claims in stated amounts as
<br />may be specifically excepted by the Vendor for all things done
<br />or furnished in connection with the Work and for every act and
<br />neglect of the City and others relating to or arising out of this
<br />Work. Any payment, however, final or otherwise, shall not
<br />release the Vendor of their sureties from any obligations under
<br />the Contract Documents or the 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 />by notice in writing to the Vendor which shall fix the date on
<br />which Work shall be resumed. For suspensions longer than
<br />ninety (90) days, the Vendor may be allowed an increase in the
<br />Contract Price or an extension of the Contract Time, or both.
<br />
<br />1.61. Work During Inclement Weather: No Work
<br />shall be done under these specifications except by permission of
<br />the City when the weather is unfit for good and careful Work to
<br />be performed. Should the severity of the weather continue, the
<br />Vendor upon the direction of the City, shall suspend all Work
<br />until instructed to resume operations by the City and the
<br />Contract Time pursuant to this section shall be extended to
<br />cover the duration of the order.
<br />
<br />1.62. City May Terminate: If the Vendor is adjudged
<br />bankrupt or insolvent, or if they make a general assignment for
<br />the benefit of their creditors, or if a trustee or receiver is
<br />appointed for the Vendor or for any of their property, or if they
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