RFP #1112-05 Bid Specifications - City of Urbana

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Street and Public Property Tree Inventory and Tree Inventory Data Management Software City of Urbana Request for Proposals RFP #1112-05 Page 16 of 34 is appointed on account of the Contractor’s insolvency or in the event that any of the provisions of this Contract are violated by the Contractor or by any of its subcontractors or the City reasonably believes such violation is likely, the City may terminate the Contract immediately by sending written notice to the Contractor. B. Additionally, the City may serve notice upon the Contractor of intention to terminate unless certain remedial actions are taken. Unless within five (5) days after the serving of such notice upon the Contractor such violation shall cease and arrangements satisfactory to the City for correction be made, the Contract shall upon expiration of said five (5) days cease and terminate with no further notice. C. After termination, the City may take over the work and prosecute the same to completion at the expense of the Contractor, and the Contractor shall be liable to the City for any excess cost occasioned to the City thereby, and in such event the City may take possession of and utilize in completing the work, such materials and equipment including those of the Contractor as may be on the site of the work and necessary therefore. D. Contractor shall be responsible for all costs incurred by the City to enforce any provision of this Contract and /or to remedy a Contractor default or breach of this Contract, including all court costs and reasonable attorney’s fees. City’s Right to Withhold Certain Amounts and Make Application Thereof In addition to the payments to be retained by the City under the other provisions of these General Conditions, the City may withhold a sufficient amount of any payment otherwise due to the Contractor to cover the following: 1) For claims arising in and from the performance of the work on the project under this Contract. 2) For defective work not remedied. 3) For failure of the Contractor to make proper payments to its subcontractors and suppliers. The City shall disburse and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment therefrom (including the City). The City will render to the Contractor a proper accounting of all such funds disbursed on behalf of the Contractor. Method of Payment A. Payment (if only one payment is allowed): Payment will be made by the City after complete performance of the Contract in accordance with all provisions thereof and upon subsequent receipt by the City of a properly executed invoice together with waivers of liens from all suppliers and subcontractors. Such invoice
Street and Public Property Tree Inventory and Tree Inventory Data Management Software City of Urbana Request for Proposals RFP #1112-05 Page 17 of 34 shall be accompanied by waivers of liens or the equivalent from suppliers of work or materials stating that such work or materials have been paid for by the Vendor. Such invoice shall be paid by the City within sixty (60) days of its receipt, except for those sums allowed to be withheld pursuant to the Contract. To the extent allowed by law, the Vendor agrees that it shall not attempt to enforce provisions of the Local Government Prompt Payment Act in regards to this Contract. B. Payment (if more than one payment is anticipated.): 1. The Contractor may submit to the City applications for partial payment for work performed and materials incorporated in the work. Such applications shall be accompanied by waivers of liens or the equivalent from suppliers of work or materials stating that such work or materials have been paid for by the Contractor. By submitting an application for payment, the Contractor warrants that all employees, subcontractors, and material suppliers have been paid to date for the labor and materials contained in the application. Only one application of partial payment may be submitted in any thirty (30) day period. 2. Not later than sixty (60) days following the submission of the application for payment, the City shall pay the Contractor for the amount of the work contained in the application which has been found by the City to have been actually performed less ten percent (10%) of such amount which shall be retained until final payment, less other deductions authorized to be retained by other sections of these General Conditions. 3. After final inspections by the City, the Contractor shall prepare its application for final payment and submit it to the City for its approval. The application for final payment shall contain the total cost of the work as set forth in the proposal less all previous payments to the Contractor and be adjusted by the cost of all authorized change orders. Such application shall have attached thereto final lien waivers or the equivalent for all labor and materials incorporated into the work from all persons having supplied labor and materials under this Contract. The City shall pay to the Contractor, not later than sixty (60) days after such application is made, the amount which the City finds to be due and owing less deductions authorized by these General Conditions. 4. When the work is substantially completed, the Contractor shall notify the City Arborist that the work will be ready for final inspection on a definite date. Additional Payments Not Allowed It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this Contract or any part hereof without the written consent of the Public Works Director. No assignment of this Contract shall be valid unless it
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RFP #1112-05 Bid Specifications - City of Urbana

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