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Reso 2016-2516
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Reso 2016-2516
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Last modified
2/18/2016 11:39:58 AM
Creation date
2/18/2016 11:39:53 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2516
Date (mm/dd/yyyy)
01/21/2016
Description
Lynx Construction 1st Amd to Agmt Repairs to Govt Ctr & Heritage Park
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5.2 Contractor may make Application for Payment for Work completed during the Project <br /> at intervals of not more than once a month. Contractor's Application for Payment shall include <br /> partial release(s) of liens or consent of Surety relative to the portion of the Work, which is the <br /> subject of the Application for Payment and any other information required by the City. Each <br /> Application for Payment shall be submitted in triplicate to the City for approval. <br /> 5.3 The City may withhold, in whole or in part, payment to such extent as may be necessary to <br /> protect itself from loss on account of: <br /> 5.3.1 Defective Work not remedied by Contractor. <br /> 5.3.2 Claims filed or reasonable evidence indicating probable filing of <br /> claims by other parties against Contractor or the City because of <br /> Contractor's performance. <br /> 5.3.3 Failure of Contractor to make payments properly to Sub-Contractors or for <br /> material or labor. <br /> 5.3.4 Liquidated damages. <br /> 5.3.5 Failure of Contractor to comply with other provisions of this Agreement. <br /> 5.4 Upon receipt of written notice from Contractor 'that the Work is ready for final <br /> inspection and acceptance, the City will make an inspection thereof. If the City finds the Work <br /> acceptable, the requisite documents have been submitted and the requirements of the Contract <br /> Documents fully satisfied, and all conditions of the permits and regulatory agencies have been <br /> met, a Final Certificate for Payment will be issued by the City, stating that the requirements of <br /> the Contract Documents have been performed and the Work is ready for acceptance under the <br /> terms and conditions thereof. <br /> 5.5 Before issuance of the Final Certificate for Payment, Contractor shall deliver to the <br /> City a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof, <br /> an affidavit certifying that all suppliers and Sub-Contractors have been paid in full and that all <br /> other indebtedness connected with the Work has been paid, and a consent of the surety to final <br /> payment; and the final bill of materials, if required, and Application for Payment. <br /> Contractor shall deliver the written Contractor's and all Manufacturers warranties prior to <br /> issuance of the Final Certificate for Payment. <br /> 5.6 Final payment shall be made only after the City has reviewed and approved the final <br /> application for payment. The acceptance of final payment shall constitute a waiver of all <br /> claims by Contractor, except those previously made in strict accordance with the provisions of <br /> the Agreement and identified by Contractor as unsettled at the time of the application for final <br /> payment. <br /> ARTICLE 6. REQUESTS FOR INFORMATION (RFI) <br /> The Contractor shall submit in writing a Request for Information (RFI) to the City where the <br /> Contractor believes that the specifications or drawings are unclear or conflict. All requests <br /> must be submitted in a manner that clearly identifies the drawing and/or specification section <br /> where clarification or interpretation is being requested. <br /> 6 <br /> �J - <br />
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