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maintain the same (except as otherwise provided this
<br />document.
<br />1.57.8.5.Costs due to the negligence of Contractor,
<br />any Sub - Contractor, or anyone directly or indirectly
<br />employed by any of them of for whose acts any of
<br />them may be liable, including but not limited to, the
<br />correction of defective work, disposal of materials or
<br />equipment wrongly supplied and making good any
<br />damage to property.
<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 />1.57.9. The Contractor's fee which shall be allowed to
<br />Contractor for their overhead and profit shall be determined
<br />as follows:
<br />1.57.9.1. A mutually acceptable firm fixed price; or
<br />if none can be agreed upon;
<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 />1.57.10. The amount of credit to be allowed by Contractor to
<br />City for any such change which results in a net
<br />decrease in cost, will be the amount of the actual net
<br />decrease. When both additions and credits are
<br />involved in any one change, the net shall be
<br />computed to include overhead and profit, identified
<br />separately, for both additions and credit, provided
<br />however, the Contractor shall not be entitled to claim
<br />lost profits for any Work not performed.
<br />1.57.11. Whenever cost of any Work is to be determined
<br />pursuant to this document, Contractor will submit in
<br />form prescribed by City an itemized cost breakdown
<br />together with supporting data.
<br />1.58. Payments to Contractor: At least ten (10) days
<br />before each progress payment falls due (but not more often
<br />than once a month), the Contractor will submit to the City a
<br />partial payment estimate filled out and signed by the Contractor
<br />covering the Work performed during the period covered by the
<br />partial payment estimate and supported by such data as the
<br />City may reasonably require.
<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 />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
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<br />BID NO. 11 -01 -01
<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 />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 />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 />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 />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 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 />1.61. Work During Inclement Weather: No Work
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