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decides to extend the time limit for the completion
<br />of the contract, it shall further have the right to
<br />charge to the Contractor, Contractor's heirs,
<br />assigns or sureties, and to deduct from the final
<br />payment for the work, all or any part as it may deem
<br />proper, of the actual cost of engineering,
<br />inspection, superintendence, and other overhead
<br />expenses which are directly chargeable to the
<br />contract, and which accrue during the period of such
<br />extensions, except that the cost of final surveys
<br />and preparation of final estimate shall not be
<br />included in such charges.
<br />The Contractor shall not be assessed with liquidated
<br />damages nor the cost of engineering and inspection
<br />during any delay in the completion of the work
<br />caused by acts of God or of the public enemy, acts
<br />of the City, fire, floods, epidemics, quarantine
<br />restrictions, strikes, freight embargoes, and.
<br />unusually severe weather or delays of subcontractors
<br />due to such causes; provided that the Contractor
<br />shall, within 10 days from the beginning of any such
<br />delay, notify the City Engineer in writing of the
<br />causes of delay, who shall ascertain the facts and
<br />the extent of the delay, and the City Engineer's
<br />findings of the facts thereon shall be final and
<br />conclusive.
<br />5.508 Termination of Contract Failure to
<br />prosecute the work i igent y is grounds for
<br />termination of the Contractor's control over the
<br />work by the City of Lodi as provided in Section
<br />14394 of the Government code of the State of
<br />California.
<br />5.509 Right -of -We The necessary rights-of-way
<br />and easements for the work will be provided by the
<br />,City of Lodi. The Contractor shall make
<br />arrangements and pay all expenses for additional
<br />area required by Contractor outside of the limits of
<br />right-of-way, unless otherwise provided in the
<br />Special Provisions.
<br />5.600 MEASUREMENT, ACCEPTANCE AND PAYMENT
<br />5.601 Progress Payments The City Engineer, once
<br />eacF month after actual construction work is
<br />started, shall make an estimate as to the total
<br />amount of the work done and materials furnished by
<br />the Contractor to the last day of the proceeding
<br />month.
<br />The City of Lodi shall retain 10 per cent of the
<br />estimated value of said work and the balance less
<br />any previous payments shall be paid to the
<br />Contractor.
<br />The retained percentage as specified above will be
<br />held by the City and will be due and payable to the
<br />Contractor 30 days after filing of notice of
<br />completion, provided no liens have been filed.
<br />i
<br />5.602 Substitution of Securities for Withheld
<br />Amount ursuant to Chapter 1 commencing wit
<br />Section 4590), Division 5, Title 1 of the Government
<br />Code of the State of California, securities may be
<br />substituted for any moneys withheld by a public
<br />agency to ensure performance under a contract. At
<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
<br />shall pay such moneys to the Contractor upon
<br />satisfactory completion of the contract.
<br />5.603 Final Acceptance of the Work The
<br />Contractor will notify the Engineer to writing of
<br />the completion. The Engineer will check as to the
<br />actual completion, and when satisfied will recommend
<br />acceptance to the City Council. The date of
<br />completion will be the date of acceptance of the
<br />work by the City Council.
<br />5.604 Extra Work Extra work shall conform to
<br />lection 4-1.036, of the Standard Specifications.
<br />Payment for extra work will be established by
<br />agreement between the Contractor and the City. If
<br />no agreement can be reached, as to the exact cost of
<br />the extra work, payment will be made by force
<br />account as provided in Section 9-1.03 of the
<br />Standard Specifications.
<br />5.605 Claims for Damages If the Contractor shall
<br />claim compensation for any damage sustained by
<br />reason of the acts of the City or its agents,
<br />Contractor shall, within five days after sustaining
<br />of such damage, make to the Engineer a written
<br />statement of the damage sustained. On or before the'
<br />fifteenth day of the month succeeding that in which
<br />any such damage shall have been sustained, the
<br />Contractor shall file with the Engineer an itemized
<br />statement of the details and amount of such damage,
<br />and unless such statement shall be made as thus
<br />required, claims for compensation shall be forfeited
<br />and invalidated and Contractor shall not be entitled
<br />to consideration of payment on account of any such
<br />damage.
<br />5.606 Final Payment The City Engineer shall,
<br />after the sans actory completion of the contract,
<br />make a final estimate of the amount of work done
<br />thereunder, and the value of such work, and the City
<br />of Lodi shall pay the entire sum so found to be due
<br />after deducting therefrom all previous payments and
<br />all amounts to be kept and all amounts to be
<br />retained under the provisions of the contract. All
<br />prior partial estimates and payments shall be
<br />subject to correction in the final estimate and
<br />payment. The final payment shall not be due and
<br />payable until the expiration of 30 days after filing
<br />of notice of completion provided no liens have been
<br />filed.
<br />It is mutually agreed between the parties to the
<br />contract that any payments made under the contract,
<br />except the final payment, shall not be conclusive
<br />evidence of the performance of the contract, either
<br />wholly or in part, against any claim of the City of
<br />Lodi, and no payment shall be construed to be an
<br />acceptance of any defective work or improper
<br />materials.
<br />And the Contractor further agrees that the payment
<br />of the final amount due under the contract, and the
<br />adjustment and payment for any work done in
<br />accordance with any alterations of the same, shall
<br />release the City of Lodi, the City Council, and all
<br />officers and employees from any and all claims or
<br />liability on account of work performed under the
<br />cuntract or any alteration thereof.
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