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the work, by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control or by delay authorized by the Owner pending resolution of disputes, and such delay extends the Project completion date, Substantial Completion shall be extended by Change Order for such reasonable time as the Owner may determine. GC 43 NO DAMAGES FOR DELAY: EXCLUSIVE REMEDY. The Contractor expressly agrees that a change order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact -based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by the Owner, Engineer, or agents of either, and waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is the Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to the Contractor as compensation for damages for any delays in the work, whether such delay be avoidable or unavoidable. GC 44 PAYMENT PROCEDURE. GC 44.1 Contractor's invoices shall reference the bid number. Submittals of estimates and invoices for payment must be directed to: Indian River County—Accounts Payable, The County will not be responsible for any delay in payment at the County if Contractor submits his estimate and invoice to any other address. GC 44.2 Initial Payment. Prior to submittal of its initial payment request, Contractor shall have submitted the following items to the Engineer: 1. List of Subcontractors and suppliers 2. Project schedule 3. Schedule of values 4. All current certificates of insurance 5. Designation of Contractor's Project Manager GC 44.3 Progress Payments. Not more than once each month, the Contractor shall prepare and submit a detailed estimate and payment request on a standard AIA form, covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall also include the cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. Partial Release(s) of Lien and Subcontractor Utilization Report shall be submitted with each payment requisition to verify payment(s) to subcontractors and material suppliers. GC 44.4 In accordance with the Local Government Prompt Payment Act, until the Project is determined to be 50% complete, the Owner shall withhold retainage of ten percent (10%) from each progress payment pay to the Contractor based on the Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently due to the Contractor. GC 44.5 After the Project is determined to be 50% complete, the Owner shall withhold retainage of five percent (5%) from each progress payment pay to the Contractor based on the Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently due to the Contractor. Contractor may present to Owner a payment request for up to one-half of the retainage held by Owner. If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold such retainage. 41 F:\Engineering\Capital Projects\0604-12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal Contract Provisions.doc a2gmW3M.634PM