Reso 2021-3279 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax performed in full accordance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the City's Representative will review the Payment Request and may also review the Worlc at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Payment Request and is as required by this Contract. The City, in its sole discretion, may review the Work and the Payment Request prior to any certification by the City's Representative and the City may, in its sole discretion, require the City's Representative and the Contractor to meet and confer with the City with respect to said Payment Request prior to any certification of same. The City's Representative shall determine and certify to the City the amount properly owing to the Contractor. The City shall make partial payments on account of the Contract Price to the Contractor within twenty-five (25) days following the receipt of the City's Representative's approval of each Payment Request. The amount of each partial payment shall be the amount certified for payment by the City's Representative less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by this Contract. The City's Representative's certification of the Contractor's Payment Request shall not preclude the City from the exercise of any of its rights as set forth in Paragraph 5.3 herein below. 5.2.4 The Contractor warrants that title to all Work covered by a Payment Request will pass to the City no later than the time of payment. The Contractor further warrants that upon submittal of a Payment Request, all Work for which payments have been received from the City shall be free and clear of liens, claims, security interests or other encumbrances in favor of the Contractor or any other person or entity whatsoever. 5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which such Subcontractor is entitled. Submission of lien releases from subcontractors in favor of Contractor's Surety confirming receipt of the previous month's payment is a prerequisite for release of payment to Contractor per Paragraph 5.2.3. 5.2.6 No progress payment, nor any use or occupancy of the Project by the City, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. 5.3 Withheld Payment 5.3.1 The City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the City from loss because of: (a) defective Work not remedied by the Contractor nor, in the opinion of the City, likely to be remedied by the Contractor; (b) claims of third parties against the City or the City's property, unless the surety provides the City a written consent regarding the payment(s) in question;