2187 RES CITY COUNCIL AT ITS REGULAR MEETING ON 14TH DAY OF JUNE 1982 APPROVE ADVERTISEMENT FOR BIDS

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14. Stated Quantities Approximate Only. The quantities of unit priced items in the proposal are approximate only and to be used as a basis for comparing bids. Deviation in final quantities from the document quantities will not be considered as a basis for change in the contract unit bid price. BB Manner and Method of Payment Progress payments shall be made at an interval not to exceed (3) calendar months. Payment will be made based upon the actual number of cubic yards moved. The number of cubic yards moved will be calculated from a volumetric survey to be conducted by the Engineer or his representative, and will be based upon undisturbed density and not upon loaded density. The Contractor shall submit to the Engineer, an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the City or the Engineer may require. The Contractor warrants and guarantees that title to all work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the City upon the re- ceipt of such payment by the Contractor, free and clear of all liens, claims,security interests or encumbrances, and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor; or by any other person performing the Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. If the Contractor has made Application for Payment as above, the Engineer will, with reasonable promptness but not more than seven (7) days after the receipt of the Application, issue a Certificate for Payment to the City, with a copy to the Contractor, for such amount as he determines to be properly due, or state in writing his reasons for withholding a Certificate as provided below. The issuance of a Certificate for Payment will constitute a represent- ation by the Engineer to the City, based on his observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from tr.e Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment of 80% of the amount certified with 20% retained until the completion of the project. In addition, the Engineer's final Certificate for Payment will constitute a further repre- sentation that the conditions precedent to the Contractor's being entitled I - 13