Reso 2017-2663 - Laserfiche WebLink

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ARTICLE 5. NO DAMAGE FOR DELAY In the event construction of the Project is delayed by actions of third parties, including permitting agencies and adjacent property owners to the construction site, it is agreed that Contractor's sole and exclusive remedy is a time extension of the Time for Completion equal to each day the Work is so delayed. The City shall not be liable for any delay damages or damages in any way attributable to performing work out of sequence, acceleration claims, or other similar type claims, incurred by Contractor or any of its Sub-contractors, arising out of or in any way associated with the performance of this Contract. ARTICLE 6. CONTRACT AMOUNT, PROGESS PAYMENTS AND FINAL PAYMENT 6.1 The City shall pay to the Contractor, for the faithful performance of all Work in connection with this Agreement the total amount not to exceed Three Million Four Hundred Seven Thousand Thirty Two Dollars and Forty Five Cents ($3,407,032.45). Payment shall be made pursuant to approved applications for payment approved by the City. Payment shall be made within thirty (30) days after the City's receipt of Contractor's Application for Payment, approved by the City, and accompanied by sufficient supporting documentation, and containing sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. 6.2 Contractor may make Application for Payment for Work completed during the Project at intervals of not more than once a month. Contractor's Application for Payment shall include partial release(s) of liens or consent of Surety relative to the portion of the Work, which is the subject of the Application for Payment and any other information required by the City. Each Application for Payment shall be submitted in triplicate to the City for approval. 6.3 Ten percent (10%) of all monies earned by Contractor shall be retained by the City until Final Completion,receipt of closeout documents, and acceptance by the City except that after fifty percent(50%) of the Work has been completed,the Contractor may request a reduction in the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in accordance with Section 255.078 Florida Statutes. Any interest earned on retainage shall accrue to the benefit of the City. All requests for retainage reduction shall be in writing in a separate stand alone document. 6.4 The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 6.4.1 Defective Work not remedied by Contractor. 6.4.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or the City because of Contractor's performance. 6.4.3 Failure of Contractor to make payments properly to Sub-Contractors or for material or labor. 6.4.4 Liquidated damages and costs incurred by the City for extended construction administration. 6.4.5 Failure of Contractor to comply with other provisions of this Agreement. C6154-1617-036-EBSARY FOUNDATION CO. 6 S 11 B