8937-17 Authorize Design-Build Contract for WWTP

Home Browse Search

The City reserves the right to furnish the DB with such further and additional drawings, directions, documents, illustrations, procedure modifications and/or explanations ( "Further Directions ") as may be necessary in the discretion of the City to accomplish the Work to be done. The DB shall comply with any Further Directions issued to the DB to the extent that the scope of work of DB does not materially change. In the event of a material change in the scope of the Work arising from Further Directions, a change order shall be executed addressing in full the modifications associated with this Agreement. ARTICLE V. RETAINAGE The City shall withhold payment of 10% of the entire approved periodic billings associated with each Construction Stage payment application tendered by the DB until such time as Fifty Percent (50 %) of the Contract Sum has been invoiced by DB. Thereafter, in respect to all remaining payment applications approved by the City, no further retainage shall be withheld. When there exists no other reason to withhold retainage and DB receives a certificate of Final Completion as to the overall Project and such other documents as required by the City in accordance with the Contract Documents, the retainage held will be paid to the DB in accordance with the provisions of the General Conditions. ARTICLE Vl. PAYMENT OF SUBCONTRACTORS AND MATERIAL SUPPLIERS. The DB shall promptly make payment to all design professionals, subcontractors, material suppliers and others engaged by the DB ( "Subcontractors /Suppliers ") to perform their respective portions of the Work. The DB further agrees not to withhold a larger percentage of any Subcontractors /Suppliers payments than the percentage of the DB's payments retained by the City. The City retains the right to require of the DB evidence of payment to Subcontractors /Suppliers, inclusive of but not limited to the issuance of executed partial lien and claim waivers and, ultimately, final lien and claim waivers prior to issuance of final payment and release of the retainage. If at any time there should be evidence of any lien or claim asserted associated with any of the Work of DB, the City or the Authorized Representative shall cause to be retained an amount equal to 150% of the lien or claim, which amount shall be deducted from subsequent payments due the DB for the purpose of securing such lien or claim. Should the City make payments on behalf of the DB to Subcontractors /Suppliers or others associated with the Project as to whom the DB and /or its Subcontractors /Suppliers are obligated, directly or indirectly (including lower tier contractors and suppliers), then the DB shall pay to the City a sum of money equal to the sum of all monies that the City may be compelled and /or has elected to pay, other than from funds retained from the DB, in discharging any lien or claim. Such reimbursement obligation on the part of DB shall further include the obligation on the part of DB to reimburse the City for its reasonable attorney fees and costs incurred as well as allocable, 141Page