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INVITATION TO BID - City of Champaign

INVITATION TO BID - City of Champaign

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(3) For failure <strong>of</strong> the Vendor to make property payments to its subcontractors and suppliers.20. Method <strong>of</strong> PaymentThe <strong>City</strong> shall disburse and shall have the right to act as agent for the Vendor indisbursing such funds as have been withheld pursuant to this paragraph to the party orparties who are entitled to payment therefrom (including the <strong>City</strong>). The <strong>City</strong> will render tothe Vendor a proper accounting <strong>of</strong> all such funds disbursed on behalf <strong>of</strong> the Vendor.A. Payment (If only one payment is allowed.): Payment will be made by the <strong>City</strong> aftercomplete performance <strong>of</strong> the Contract in accordance with all provisions there<strong>of</strong> and uponsubsequent receipt by the <strong>City</strong> <strong>of</strong> a properly executed invoice together with waivers <strong>of</strong>liens from all suppliers and subcontractors. Such invoice shall be accompanied bywaivers <strong>of</strong> liens or the equivalent from suppliers <strong>of</strong> work or materials stating that suchwork or materials have been paid for by the Vendor. Such invoice shall be paid by the<strong>City</strong> within sixty (60) days <strong>of</strong> its receipt, except for those sums allowed to be withheldpursuant to the Contract. To the extent allowed by law, the Vendor agrees that it shallnot attempt to enforce provisions <strong>of</strong> the Local Government Prompt Payment Act inregards to this Contract.B. Payment (If more than one payment is anticipated.):1. The Vendor may submit to the <strong>City</strong> applications for partial payment for workperformed and materials incorporated in the work. Such applications shall beaccompanied by waivers <strong>of</strong> liens or the equivalent from suppliers <strong>of</strong> work ormaterials stating that such work or materials have been paid for by the Vendor.By submitting an application for payment, the Vendor warrants that allemployees, subcontractors, and materialmen have been paid to date for thelabor and materials contained in the application. Only one application for partialpayment may be submitted in any thirty (30) day period.2. Not later than sixty (60) days following the submission <strong>of</strong> the application forpayment, the <strong>City</strong> shall pay the Vendor for the amount <strong>of</strong> the work contained inthe application which has been found by the <strong>City</strong> to have been actuallyperformed less ten percent (10%) <strong>of</strong> such amount which shall be retained untilfinal payment, less other deductions authorized to be retained by other sections<strong>of</strong> these General Conditions.3. After final inspections by the <strong>City</strong>, the Vendor shall prepare its application for finalpayment and submit it to the <strong>City</strong> for its approval. The application for finalpayment shall contain the total cost <strong>of</strong> the work as set forth in the proposal lessall previous payments to the Vendor and be adjusted by the cost <strong>of</strong> all authorizedchange orders. Such application shall have attached thereto final lien waivers orthe equivalent for all labor and materials incorporated into the work from allpersons having supplied labor and materials under this Contract. The <strong>City</strong> shallpay to the Vendor, not later than sixty (60) days after such application is made,the amount which the <strong>City</strong> finds to be due and owing less deductions authorizedby these General Conditions.4. When the work is substantially completed, the Vendor shall notify the <strong>City</strong>’sRepresentative that the work will be ready for final inspection on a definite date.5. To the extent allowed by law, the Vendor agrees that it shall not attempt toenforce provisions <strong>of</strong> the Local Government Prompt Payment Act in regards tothis Contract.7 Form B-1 11/22/11

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