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Reso 2019-2952
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Reso 2019-2952
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Last modified
2/13/2020 3:31:46 PM
Creation date
6/25/2019 12:36:01 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2019-2952
Date (mm/dd/yyyy)
06/20/2019
Description
Awd ITB 19-01-01 to Nunez Construction for Gateway Park Center Project
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5.2 Payment Procedure <br /> II':. ;, , '5.2..1 . - . ...:The City shall pathe Contract Price to the Contractor as provided below. <br /> 5.2.2 Progress Payments -- Based upon the Contractor's Applications for Payment <br /> submitted to the Engineer/Architect and upon Certificates for Payment subsequently issued <br /> to the City by the Engineer / Architect the City shall make progress payments to the <br /> Contractor on account of the Contract Price. Contractor shall use the AIA payment submittal <br /> method. <br /> 5.2.3 On or before the 15th day of each month after commencement of the Work, the <br /> Contractor shall submit an Application for Payment for the period ending the last day of the <br /> previous month to the Engineer/Architect in such form and manner, and with such supporting <br /> data and content, as the City or the Engineer / Architect may require. Contemporaneously <br /> with the submission of each Application for Payment, the Contractor shall submit a current <br /> shop drawing log reflecting the status of all shop drawings and submittals; a current CPM <br /> schedule as required by Paragraph 7.8 herein below; a current draw-down schedule as <br /> required by Paragraph 7.8.1 herein below; and the Contractor shall have a current set of As- <br /> Built drawings maintained on site and available for inspection. Submission of the shop- <br /> drawing log, CPM schedule, draw down schedule, and photographs as required herein shall <br /> be a condition precedent for payment to the Contractor. With regard to any Contract for <br /> construction.services, a public entity may withhold from each progress payment made to the <br /> Contractor an amount not exceeding.10 percent of the payment as retainage until 50 percent <br /> completion of such services. After 50 percent completion of the construction services <br /> purchased pursuant to the Contract, the public entity must reduce to 5 percent the amount of <br /> retainage withheld from each subsequent progress payment made to the Contractor. For <br /> of this section, the term "50 percent completion" has the meaning set forth in the <br /> purposes , <br /> Contract between the public entity and the Contractor, or if not defined in the Contract, the <br /> point at which the public entity has expended 50 percent of the total cost of the construction <br /> services purchased as identified in the Contract together with all costs associated with the <br /> existing change orders and other additions or modifications to the construction services <br /> provided for in the Contract. Payment for stored materials and equipment shall be contingent <br /> upon the Contractor's proof satisfactory to the City, that the City has title to such materials and <br /> equipment and shall include proof of required insurance sufficient to protect the City from any <br /> loss should the materials and equipment be lost, stolen or otherwise destroyed or damaged. <br /> the <br /> Such Application for Payment shall be signed bythe Contractor and shall constitute <br /> pP Y 9 <br /> Contractor's representation that the Work has progressed to the level for which payment is <br /> requested in accordance with the Schedule of Values, that the Work has been properly <br /> installed or performed in full accordance with this Contract, and that the Contractor knows of <br /> no reason why payment should not be made as requested. Thereafter, the Engineer / <br /> Architect will review the Application for Payment and may also review the Work at the Project <br /> site or elsewhere to determine whether the quantity and quality of the Work is as represented <br /> in the Application for Payment and is as required by this Contract. The City, in its sole <br /> discretion, may review the Work and the Application for Payment prior to any certification by <br /> the Engineer / Architect and the City may, in its sole discretion, require the Engineer / <br /> Architect and the Contractor to meet and confer with the City with respect to said Application <br /> for Payment prior to any certification of same. The Engineer/Architect shall determine and <br /> certify to the City the amount properly owing to the Contractor. The City shall make partial <br /> payments on account of the Contract Price to the Contractor within twenty-five (25) days <br /> following the receipt of the Engineer/Architect's approval of each Application for Payment. <br /> 8 <br />
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