Reso 2023-3504 - 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 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 ofthe 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; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion. The City may ask the surety for a written consent regarding the payment(s) in question. However, notwithstanding the foregoing, and provisions of Section 255.05 (11), Florida Statutes, the parties hereby agree that the City may condition its payment to the Contractor on the production of a release, waiver, or like documentation from a Subcontractor or others demonstrating that the Subcontractor or others do not have an outstanding claim for payments due on labor, services or materials furnished under the Contract related to the period covered by the City's previous payment to Contractor. In the event the City requires such documentation, the provisions of the Local Government Prompt Payment Act (Sections 218.70 through 218.79) shall be suspended until such time as the City obtains the requested documentation; (d) objective evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price;