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ARTICLE 5 CONTRACT AMOUNT, PROGPSS PAYMENTS AND FINAL PAYMENT <br />5.1 The City -shall pay to the Contractor, fqF the;faithful performance of. -all Work in <br />connection ; with this Agreement, an amount not .to exceed.,Two Hundred Sixty -Seven <br />Thousand Three Hundred Seventy -Rive. Dollars ($267,375.OQ). Payment shall be.-ma.de <br />a pursuant to pproved applications for payment approved by the City and accompanied by <br />sufficient supporting documentation, and.contain_ ing sufficient detail, to allow a proper :audit of <br />expenditures, should the City require one to be performed. Contractor shall be. entitled ;to no <br />other compensation for the Work to be performed hereunder, and Contractor expressly covenants <br />and _agrees that all expenses incurred by Contractor in the conduct of its activities and 'the <br />performance of its obligations and services hereunder shall be borne exclusively by Contractor and <br />Contractor "shall be solely responsible -for the payment of same. Contractor understands and agrees <br />that Contractor shall -not be entitled to any benefits not expressly specified in this Agreement. <br />5.2 Contractor may make Application for Payment for Work completed during the Project <br />at intervals of not more than once a month. Contractor's Application foi: Payment shall include <br />partial release(s) of liens or consent of Surety relative -to the portion of the Work; `which is the <br />subject of the Application for Payment and ariy otherinformation required by the .City..Each <br />Application for Payment. shall be�'submittedin triplicate to the City for approval.- <br />5.2.1. All payments to Contractor hereunder• shall be made on a work in -place basis <br />following inspection and approval by the City. Every ti#y-(38}da3�s-eFle`ss during the progcess� <br />of construction, Contractor will submit to the City an application for payment (referred to herein <br />as an `.`Application for P_ ayment') covering the portion of the Work performed (and materials used) <br />for which payment has not been previously made. Each such Application for Payment shall be in City <br />form and 'substance reasonably satisfactory.toahe City and shall include, with limitation;. (a) -the Manager's <br />amount due for the Work performed for which Contractor is -requesting payment, (b)-8 reasonably intials: <br />detailed breakdown and itemization of such Work and the amount -due, (e) the percentage of <br />completion of .the Work performed, (d) the sum of all iprior payments made from the :City to <br />Contractor hereunder; and (e) such other information] and attachments as shall be reasonably <br />4 <br />required by the City for purposes of evaluating the Work performed for which. Contractor is <br />requestin g payment. At the time Contractor submiis.an,Application for Payment to the City, if <br />requested by the City, Contractor will also provide'to the:City tnie, correct and legible copies of <br />all invoices and bills for labor and materials incorporated in the Work and which are to be -paid <br />om the proceeds of the payment to be�nade by the City. at such time <br />Trzr�rks•.1S°lo a# Con}fa, 25°!o µcb�6'td�bn, aba a} �a 25°/, u0� Corac► <br />S.2.2. Each Application for Payment made from Contractor- to the City hereunder <br />shall be deemed a representation and warranty' by.Contractor to the Cityahat, as of the date:of such <br />Application forPayment, (a) there exists no Event of Default.(as hereinafter defined) and no event LMa <br />or-Condit on'that, with notice or lapse -of tiine, or both,;would constitute an Event of Default,-(b) ger'sthere has, been no material variance from. the ContractD.ocunlents with respect to the_ Work: <br />performed through the date of -such Application for Payment. and {c) all Work .performed in <br />furt}lerance-of :the construction of the Improvements at the then.eurrent state of,construction, has <br />'been.done in a good arid. workmanlike manner, and all materials, equipment, furnishings and <br />fixtures usually furnished and installed at such time have,been so furnished and installed in a good <br />and workmanlike manner. <br />0304178-AMERiCAN RAMP COMPANY <br />