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Reso 2023-3557
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Reso 2023-3557
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Last modified
11/21/2024 8:59:26 AM
Creation date
10/10/2023 4:21:08 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3557
Date (mm/dd/yyyy)
09/21/2023
Description
ITB 23-05-02 agreement w/ Comtech Engineering, Inc for Golden Shores Pump Station Rehabilitation Project.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />supporting data and content, as the City or the City Representative may require. <br />Contemporaneously with the submission of each Application for Payment, the Contractor <br />shall submit a current shop drawing log reflecting the status of all shop drawings and <br />submittals; a current CPM schedule as required by Paragraph 7.9 herein below; lien <br />copies of releases from Contractor and releases from subcontractors in favor of <br />Contractor's Surety confirming receipt of funds received from the City for the previous <br />payment period; and the Contractor shall have a current set of As -Built drawings <br />maintained on site including bore logs as may be applicable and available for inspection. <br />Submission of the shop -drawing log, CPM schedule, and photographs as required herein <br />shall be a condition precedent for payment to the Contractor. With regard to any <br />Contract for construction services, a public entity may withhold from each progress <br />payment made to the Contractor an amount not exceeding 5 percent of the payment as <br />retainage. Payment for stored materials and equipment shall be contingent upon the <br />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 <br />any loss should the materials and equipment be lost, stolen or otherwise destroyed or <br />damaged. <br />Such Payment Request shall be signed by the Contractor and shall constitute the <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 <br />of no reason why payment should not be made as requested. Thereafter, the City's <br />Representative will review the Payment Request and may also review the Work at the <br />Project site or elsewhere to determine whether the quantity and quality of the Work is as <br />represented in the Payment Request and is as required by this Contract. The City, in its <br />sole discretion, may review the Work and the Payment Request prior to any certification <br />by the City's Representative and the City may, in its sole discretion, require the City's <br />Representative and the Contractor to meet and confer with the City with respect to said <br />Payment Request prior to any certification of same. The City's Representative shall <br />determine and certify the City the amount properly owing to the Contractor. The City <br />shall make partial payments on account of the Contract Price to the Contractor within <br />twenty-five (25) days following the receipt of the City's Representative's approval of each <br />Payment Request. <br />The amount of each partial payment shall be the amount certified for payment by the City's <br />Representative less such amounts, if any, otherwise owing by the Contractor to the City or <br />which the City shall have the right to withhold as authorized by this Contract. The City's <br />Representative's certification of the Contractor's Payment Request shall not preclude the <br />City from the exercise of any of its rights as set forth in Paragraph 5.3 herein below. <br />5.2.4 The Contractor warrants that title to all Work covered by a Payment <br />Request will pass to the City no later than the time of payment. The Contractor <br />further warrants that upon submittal of a Payment Request, all Work for which payments <br />have been received from the City shall be free and clear of liens, claims, security interests <br />or other encumbrances in favor of the Contractor or any other person or entity whatsoever. <br />
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