Reso 2023-3557 - Laserfiche WebLink

Home Browse Search

City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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; (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; (e) evidence that the Work will not be completed in the time required for final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the City or a third party to whom the City is, or may be liable; (h) failure to comply with 5.2.3 of this section. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall comply with such demand within ten (10) days of receipt of same. 10