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decides to extend the time limit for the completion shall pay such moneys to the Contractor upon
<br /> of the contract, it shall further have the right to satisfactory completion of the contract.
<br /> charge to the Contractor, Contractor's heirs,
<br /> assigns or sureties, and to deduct from the final 5.603 Final Acceptance of the Work The
<br /> payment for the work, all or any part as it may deem Contractor will noti y the Engineer in writing of
<br /> proper, of the actual cost of engineering, the completion. The Engineer will check as to the
<br /> inspection, superintendence, and other overhead actual completion, and when satisfied will recommend
<br /> expenses which are directly chargeable to the acceptance to the City Council. The date of
<br /> contract, and which accrue during the period of such completion will be the date of acceptance of the
<br /> extensions, except that the cost of final surveys work by the City Council.
<br /> and preparation of final estimate shall not be
<br /> included in such charges. 5.604 Extra Work Extra work shall conform to
<br /> --Tt n 4-FM, of the Standard Specifications.
<br /> The Contractor shall not be assessed with liquidated Payment for extra work will be established by
<br /> damages nor the cost of engineering and inspection agreement between the Contractor and the City. If
<br /> during any delay in the completion of the work no agreement can be reached, as to the exact cost of
<br /> caused by acts of God or of the public enemy, acts the extra work, payment will be made by force
<br /> of the City, fire, floods, epidemics, quarantine account as provided in Section 9-1.03 of the
<br /> restrictions, strikes, freight embargoes, and. Standard Specifications.
<br /> unusually severe weather or delays of subcontractors
<br /> due to such causes; provided that the Contractor 5.605 Claims for Damages If the Contractor shall
<br /> shall , within 10 days from the beginning of any such claim compensation for any damage sustained by
<br /> delay, notify the City Engineer in writing of the reason of the acts of the City or its agents,
<br /> causes of delay, who shall ascertain the facts and Contractor shall, within five days after sustaining
<br /> the extent of the delay, and the City Engineer's of such damage, make to the Engineer a written
<br /> findings of the facts thereon shall be final and statement of the damage sustained. On or before the
<br /> conclusive. fifteenth day of the month succeeding that in which
<br /> any such damage shall helve been sustained, the
<br /> 5.508 Termination of Contract Failure to Contractor shall file with the Engineer an itemized
<br /> prosecute the work i igent y is grounds for statement of the details and amount of such damage,
<br /> terminatiun of the Contractor's control over the and unless such statement shall be mode as thus
<br /> work by the City of Lodi as provided in Section required, claims for compensation shall be forfeited
<br /> 14394 of the Government code of the State of and invalidated and Contractor shall not be entitled
<br /> California. to consideration of payment on account of any such
<br /> damage.
<br /> 5.509 Ri ht-of-Wa The necessary rights-of-way
<br /> and easements or t e work will be provided by the 5.606 Final Payment The City Engineer shall,
<br /> City of Lodi. The Contractor shall make after the sates actory completion of the contract,
<br /> arrangements and pay all expenses for additional make a final estimate of the amount of work done
<br /> area required by Contractor outside of the limits of thereunder, and the value of such work, and the City
<br /> right-of-way, unless otherwise provided in the of Lodi shall pay the entire sum so found to be due
<br /> Special Provisions. after deducting therefrom all previous payments and
<br /> all amounts to be kept and all amounts to be
<br /> 5.600 MEASUREMENT, ACCEPTANCE AND PAYMENT retained under the provisions of the contract. All
<br /> prior partial estimates and payments shall be
<br /> 5.601 Progress Payments The City Engineer, once subject to correction in the final estimate and
<br /> eacF month after actual construction work is payment. The final payment shall not be due and
<br /> started, shall make an estimate as to the total payable until the expiration of 30 days after filing
<br /> amount of the work done and materials furnished by of notice of completion provided no liens have been
<br /> the Contractor to the last day of the proceeding filed.
<br /> month.
<br /> It is mutually agreed between the parties to the
<br /> The City of Lodi shall retain 10 per cent of the contract that any payments made under the contract,
<br /> estimated value of said work and the balance less except the final payment, shall not be conclusive
<br /> any previous payments shall be paid to the evidence of the performance of the contract, either
<br /> Contractor. wholly or in part, against any claim of the City of
<br /> Lodi, and no payment shall be construed to be an
<br /> The retained percentage as specified above will be acceptance of any defective work or improper
<br /> held by the City and will be due and payable to the materials.
<br /> Contractor 30 days after filing of notice of
<br /> i completion, provided no liens have been filed. And the Contractor further agrees that the payment
<br /> of the final amount due under the contract, and the
<br /> 5.602 Substitution of Securities for Withheld adjustment and payment for any work done in
<br /> Amount Pursuant to Chapter 1 commencing with accordance with any alterations of the same, shall
<br /> Section 4590), Division 5, Title 1 of the Government release the City of Lodi, the City Council, and all
<br /> Code of the State of California, securities may be officers and employees from any and all claims or
<br /> substituted for any moneys withheld by a public liability on account of work performed under the
<br /> agency to ensure performance under a contract. At contract or any alteration thereof.
<br /> the request and expense of the Contractor,
<br /> securities equivalent to the amount withheld shall
<br /> be deposited with the public agency, or with a state
<br /> or federally chartered bank as the escrow agent, who
<br /> 5.7
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