AG 2004 12 20 - Laserfiche WebLink

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government or any department or agency thereof, civil or military authority. In the . event of such delay, the COUNTY, upon the written request of the CONTRACTOR, shall equitably adjust those contractual provisions as may be affected by such a delay. IV, WARRANTY, LIABILITY, AND STANDARD OF CARE The CONTRACTOR warranties that all services specified herein will. be performed in a. professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent CONTRACTOR's practicing in the same or a similar locality as the project. ill the event any portion of the services fails to comply with this warranty obligation and the CONTRACTOR is notified in. writing prior to the first anniversary of the completion of such portion ofthe services, or the first anniversary of the date the COUNTY discovers breach of warranty, whichever is later, the CONTRACTOR shall promptly re-perform such portion of the services to the COUNTY's reasonable satisfaction, In no event shall the CONTRACTOR be liable for any special, indirect, incidental or consequential loss or damages, V, PAYMENTS TO CONTRACTOR A, Cash payments of the agreed-upon total cost for each phase of work will be made by the COUNTY to the CONTRACTOR as the work is completed and described herein, B, The CONTRACTOR may secure payment for ninety (90%) of the contract price allocated to a particular task or Phase by submitting to the COUNTY the following: 1. All deliverable items or evidence of work-in-progress representing that percentage or the full amOlmt of work for which the CONTRACTOR is claiming payment; and 2, A dated invoice showing the amount of the claimed payment with a brief description of the work done for each separate amount being claimed, Invoices may be submitted on amonthly basis, A retainage of ten percent (10%) of the total amount. of the cost of a phase shall be retained until all deliverable products of that phase are delivered to and formally accepted by the COUNTY as complete, satisfactory and meeting all applicable specifications and standards, Payment of retainage will be made at the conclusion of the project or that portion of the proj ect that has been successfully completed and accepted, C. The COUNTY will make prompt payments to the CONTRACTOR following receipt of the deliverable items for which payment is being requested, subject to the following: 1. Formal acceptance by the COUNTY as complete, satisfactory and meeting all applicable specifications of all deliverable items, or evidence of work in progress, representing that percentage of the full amount required to substantiate the claimed payment (excluding retainage). 2, The invoice for the delivery of the digital orthophotos for the COUNTY's QA/QC, the CONTRACTOR will include a three part payment schedule to allow sufficient time for the County's review, D. The COUNTY shall pay within forty-five (45) days all payment claims submitted by the CONTRACTOR that meet all of the above requirements and are not formally disputed by the COUNTY. All payment claims not paid within forty-five (45) days that are not disputed by V- ...., Page 5 of 11 F-/'7