Laserfiche WebLink
delayed, the City shall be entitled, but not required, to withhold from any amounts <br />otherwise due the Contractor an amount then believed by the City to be adequate to <br />recover liquidated damages applicable to such delays. <br />5.6.2. As a condition precedent to final payment to the Contractor, the Contractor <br />shall deliver to the City the following documents in a form acceptable to the City: a final <br />receipt and release of the City; the Contractor's affidavit that all payrolls, invoices for <br />materials and equipment, and other liabilities connected with the Work for which the City, <br />or the City's property might be responsible, have been fully paid or otherwise satisfied; <br />releases and waivers of lien from all Subcontractors of the Contractor and of any and all <br />other parties required by the Engineer / Architect or the City; consent of surety to final <br />payment; a duly executed assignment of any and all warranties required by the Contract <br />Documents; any and all operating manuals required by the Contract Documents; <br />certification that all personal instruction or training required by the Contract Documents for <br />the operation of any Project systems has been completed; any and all manuals relating to <br />Project materials or Project maintenance; executed change orders relating to any and all <br />changes in the Work; and all asbuilt drawings required by the Contract Documents. If any <br />third party fails or refuses to provide a release of claim or waiver of lien as required by the <br />City, the Contractor shall furnish a bond satisfactory to the City to discharge any such lien <br />or indemnify the City from liability. <br />5.6.3. As a further condition precedent to final payment, the Contractor shall furnish <br />to the City a complete and comprehensive set of as -built drawings; said as -built drawings <br />are to be submitted in hard copy and in electronic format, and the City and the Contractor <br />agree and acknowledge that the Contract Price includes all cost and expense associated <br />with the production of said as -built drawings. <br />5.6.4. The City shall make final payment of all sums due the Contractor within <br />twentyfive (25) days of the Engineer / Architect's execution of a final Certificate for <br />Payment. <br />5.6.5. Acceptance of final payment shall constitute a waiver of all claims against the <br />City by the Contractor except for those claims previously made in writing against the City <br />by the Contractor, pending at the time of final payment, and identified in writing by the <br />Contractor as unsettled at the time of its request for final payment. <br />ARTICLE VI <br />THE CITY <br />6.1 Information, Services and Items Required from City <br />6.1.1. The "City" The City of Sunny Isles Beach, as represented by the City <br />Commission and its designees, which is the owner of this Project. <br />Page 12 of 43 <br />280 <br />