2014-05-28 CC Packet - Laserfiche WebLink

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4.2. Liquidated Damages 4.2.1. City and Contractor agree that as Liquidated Damages for delay (but not as a penalty), Contractor shall pay City $150 for each day that expires after the time specified in Paragraph 4.1. ARTICLE 5. Contract Price 5.1. City shall pay Contractor for completion of the work in accordance with the Contract Documents an amount in current funds as follows: Lump-sum for as follows: $50,550.00 ARTICLE 6. Payment 6.1. Progress Payments 6.1.1 The City shall pay for 90% of completed work each month as approved by Engineer. Contractor shall submit a request for progress payment to Engineer by the last day of each month,which shall be processed and paid by the City within 30 days. 6.2. Final Payment 6.2.1. The City shall pay the remainder of the Contract Price upon final completion of the work once the Engineer recommends acceptance of the work, and the City Council adopts the recommendations of the Engineer. The City will not adopt the Engineer's recommendations until the Contractor supplies the City with: 6.2.1.1. Lien waivers executed by the Contractor and any Subcontractors who have worked on the project, and 6.2.1.2. A signed copy of Minnesota Department of Revenue Form IC-134. (This form can be found at www.taxes.state.mn.us/forms/icl34.pdD. ARTICLE 7. Contractor's Representations 7.1. In order to induce City to enter into this Agreement, Contractor makes the following representations: 7.1.1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents or Request for Proposal. 7.1.2. Contractor has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work. 7.1.3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress,and performance of the work. 7.1.4. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all subsurface conditions reports, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, structural and/or Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction or demolition, if any, expressly.required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 7.1.5. Contractor does not consider that any further examinations, investigations, explorations, AGREEMENT BETWEEN CITY OF CENTERVILLE AND C & L Excavating, Inc. PAGE NO. 2 of 4 16