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Reso 2020-3108
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Reso 2020-3108
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Last modified
9/6/2022 11:30:54 AM
Creation date
10/5/2020 11:58:25 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2020-3108
Date (mm/dd/yyyy)
09/17/2020
Description
1st Amnd w/Lukes' Assignment Agmt; 2nd Amend w/Brightview for right-of-way & maint.
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with the prior written approval of the City. If the City disputes any charges on the invoices, it <br />`may.make payment of the uncontested amounts and withhold payment on the contested amounts <br />until ihey. are msolved by agreement with Contractor., Contractor shall not pledge the City's <br />credit or make it a guarantors of payment or -surety for any contract, debt, obligation, judgment, <br />lien, or any form of indebtedness. The Contractor further warrants and represents that it hu nen <br />obligation or irAebtedness that would impair its ability to fulfill the terms of this Agreement. <br />S. MULTIPLE CONTRACTORS. Contraetor acknowledges that the City has <br />awarded. Services. to multiple Contractors (primary and secondary) as available, by line item; by <br />group, or, in its entirety. The City will utilize Contractors in order of award. The City may utilize <br />tither Contraeto s in the event that- 11 a Contractor is not or is unable to be in compliance with <br />any contract or delivery requirement; 2) itis in the best interest of the City to da so regardless of <br />reason. Int the event that one Contractor (irimary or secondary) is deemed to -be: performing <br />unsatisfactorily as determined by the City, the City may opt to award Services to a Contractor <br />performing to City's approval. <br />G. .. PENALTIES FOR Rig -INSPECTION, The Contractor shall promptly correct all <br />apparent and. latent deficiencies andfor ducts in work, andfor any Unsatisfactory Work that <br />fails to conform .to the oontract' documents regardless of project +completion status. if <br />Unsatisfactory Work is identif cd, through platsned, random or unannounced inspections, or any <br />other circumstance through which the City becomes aware of kion -Compliant Work, the <br />Contractor will be notified within two (2) business days. All corrections shall be made within <br />two (2) business days after such rejected defects, deficiencies, and/or Non -Compliant Work are <br />written and/or verbally reported to the Contractor by the City's Project Manager(s), who may <br />confirm all such verbal reports in writing. The Contractor shall bear all costs of"Moting such <br />rejected work: if the Contractor fails to correct the work within the period specified. the City <br />may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to <br />contractual default provisions if ft corrections a"re not completed to the satisfaction of the City <br />within one (t) business day -of receipt of the notice. <br />In addition to earldom or unannounced inspections, the City will conduct platrted inspections for <br />rights-of-way. each month which will be conducted prior to tho Contractor submitting its trionthly <br />invoice. The City may provide the Contractor an opportunity to convet Orly Non -Come liant <br />Work or the City will withhold payment or assess a payment reduction for the Unsatisfacto'ry <br />Work. When either planned or unplanned iaspeation efforts identify lion -Compliant Workor <br />Unsatisfactory Work, the Contractor will be notified and the City will conduct a subsequent <br />inspection to ensure compliance. The City will incur additional administrative expenses for the <br />additional time required to re -inspect Contractor Work. The City will assess against the <br />Contractor a payment reduction of Two Hundred Fifty Uollors (5250.00) for rights-of-way re- <br />inspection -to cover the administrative cxpemses associated with each re- inspection effort, such <br />reduction will be in addition to outer payment reductions that may apply per the Contract. <br />7. • PEBFoPMANCE ,QNB PAY -ME NT ROND. The City of. Sunny Isles Ii mh <br />requires Contractor furnish a performance and Payment Bond in the amount of 1001/Vof the total <br />"Basic Services" recurring monthly of the extended ental as security for the faithful performance <br />of the Contract and for the payment of all persons performing labor or furnishing materials in <br />connection herewith within ten (10).calerndar days after notification of the award by the City, <br />(!49!.1012 LUKES LANDSCAPFNG. INC. <br />
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