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<br />acceptable, the requisite documents have been submitted and the requirements of the <br />Contract Documents fully satisfied, and all conditions of the permits and regulatory <br />agencies have been met, a Final Certificate for Payment shall be issued by the City or <br />its designee, stating that the requirements of the Contract Documents have been <br />performed and the Work is ready for acceptance under the terms and conditions <br />thereof. <br /> <br />5.6 Before issuance of the Final Certificate for Payment, Contractor shall <br />deliver to the City or its designee a complete release of all liens arising out of this <br />Agreement, or receipts in full in lieu thereof, an affidavit certifying that all suppliers and <br />Sub-Contractors have been paid in full and that all other indcbtedness connected with the <br />Construction Work has been paid, and a consent of the surety to final payment; the final <br />corrected As-Built Drawings; the Record Set; and the final bill of materials, if <br />required, and Application for Payment. Contractor shall deliver the written <br />Contractor's and all Manufacturers warranties prior to issuance of the Final <br />Certificate for Payment. <br /> <br />5.7 If, after the Construction Work has been snbstantially completed, full <br />completion thereof is materially delayed through no fault of Contractor, and the <br />City or its designee so certifies, the City shall, upon certificate of its designee, and <br />without terminating the Agreement, make payment of the balance due for that portion of <br />the Construction Work fully completed and accepted. Such payment shall be made <br />under the terms and conditions governing final payment, except that it shall not constitute <br />a waiver of claims. <br /> <br />5.8 Final payment shall be made only after the City or designee has reviewed a written <br />evaluation of the performance of Contractor prepared by the City or its designee, and <br />approved the final payment. The acceptance of final payment shall constitute a <br />waiver of all claims by Contractor, except those previously made in strict accordance <br />with the provisions of the Agreement and identified by Contractor as unsettled at the <br />time of the application for final payment. <br /> <br />ARTICLE 6. CONTINGENCY SERVICES <br /> <br />The City may, pursuant to the optional landscaping component to RFP No. 11-11-03, <br />enter into negotiations with Contractor to provide all labor, materials and equipment to <br />perform landscaping services related to the Project (the "Contingency Services") in an <br />additional amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) <br />for said Contingency Services. <br /> <br />ARTICLE 7. REQUESTS FOR INFORMATION (RFn <br /> <br />The Contractor shall submit in writing a Request for Information (RFI) to the City or its <br />designee, where the Contractor believes that the specifications or drawings are <br /> <br />CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-01 I <br /> <br />Page 7 of 28 <br /> <br />c; P') <br />WID <br />