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scent. (10%) of all monies earned by Contractor shall be retained by the City <br />until Final Completion, closeout documents, and acceptance by the City. Any reduction <br />in retainage shall be in accordance wit .078 Florida Statutes. Any interest earned on <br />retainag <br />e shall accrue to the benefit of the City. All reque tainage reduction shall be in <br />writing in a separate stand alone document. 0 o Re.. ; V) <br />5.4 The City may witlihold, in whole or in part, payment to such extent as may be necessary to <br />protect itself from loss on account of: City <br />Manager's <br />5.4.1 Defective Work not remedied by Contractor. intials: <br />5.4.2 Claims filed or reasonable evidence indicating probable filing of claims by <br />other parties against Contractor or the City because of Contractor's performance. <br />5.4.3 Failure of Contractor to make payments properly to Sub -Contractors or for <br />material or labor. <br />5.4.4 Liquidated damages and costs incurred by the City for extended construction <br />administration. <br />5.4.5 Failure of Contractor to comply with other provisions of this Agreement. <br />5.5 Upon receipt of written notice from Contractor that (lie Work is ready for final <br />inspection and acceptance, the City will make an inspection tliereof. If the City finds the Work <br />acceptable, the requisite documents have been submitted and the requirements of the Contract <br />Documents fully satisfied, and all conditions of the permits and regulatory agencies have been <br />met, a Final Certificate for Payment will be issued by the City, stating that the requirements of <br />the Contract Documents have been performed and the Work is ready for acceptance under the <br />terms and conditions thereof. <br />5.6 Before issuance of the Final Certificate for Payment, Contractor shall deliver to the <br />City a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof, <br />an _affidavit certifying that all suppliers and Sub -Contractors have been paid in full and that all <br />other indebtedness connected with the Work has been paid, and a consent of the surety to. final <br />payment;. and the final bill of materials, if required, and Application for Payment. <br />Contractor shall deliver the written Contractor's and all Manufacturers warranties prior to <br />issuance of the Final Certificate for Payment. <br />5.7 If, after the Work has been substantially completed, full completion thereof is <br />materially delayed through no fault of Contractor, and the City so certifies same, the City <br />will, and without terminating the Agreement, make payment of the balance due for that portion <br />of the Work fully completed and accepted. Such payment shall be made under the terms and <br />conditions governing final payment, except that it shall not constitute a waiver of claims. <br />5.8 Final payment shall be made only after the City has reviewed and approved the final <br />application for payment. The acceptance of final payment shall constitute a waiver of all <br />claims by Contractor, except those previously made in strict accordance with the provisions of <br />the Agreement and identified by Contractor as unsettled at the time of the application for final <br />payment. <br />030.6178 - AMERICAN RAMP COMPANY <br />