Laserfiche WebLink
2.3.9 The City may withhold payment (in excess of retentions) or, on account of <br />subsequently discovered evidence, nullify the whole or a part of any certificate to <br />such extent as may be necessary to protect the City from loss on account of the <br />following (and each contract awarded to Contractors shall allow withholding for): <br />a. Defective work not in the process of being remedied. <br />b. "Stop Notice" claims filed. <br />c. Failure of Program Manager or its Construction Manager to make <br />payments properly to Contractors for material or labor when no actual dispute <br />exists concerning such payment. <br />d. Default of Program Manager, in the performance of the material terms of <br />this Agreement. <br />2.3.10 If stop notices are filed with the City, the City shall withhold the amount <br />required from certificates until such claims shall have been resolved pursuant to <br />California Civil Code Section 3179, et seq. <br />2.4. FINAL PAYMENT <br />2.4.1. The City shall pay the final payment due Program Manager under this <br />Agreement and Program Manager shall be authorized to disburse same when: <br />1. The Agreement has been fully performed by the Program Manager; <br />2. Request for Final Payment has been made; <br />3. Release of all liens and Stop Notices has been accomplished; <br />4. Program Manager has presented to the City releases of all filed claims <br />against the City by the Contractors; and, <br />5. Program Manager has complied with the conditions precedent set forth <br />below. <br />2.4.2. The Program Manager may, if any Contractor refuses to furnish a release <br />or receipt in full, furnish a bond satisfactory to the City, to indemnify against any <br />such lien. <br />2.4.3. When a certificate of substantial completion from Program Manager is <br />received by the City covering the entire Project, the Designated City <br />Representative will issue a Notice of Completion and within ten (10) days <br />thereafter record such Notice of Completion. A certified conformed copy of the <br />recorded Notice of Completion will be sent to the Program Manager. <br />2.4.4. Notwithstanding the foregoing, neither final payment nor any remaining <br />retained percentage shall become due until the Program Manager submits to the <br />City (1) an affidavit that payrolls, bills for materials and equipment, and other <br />indebtedness connected with the work for which the City or the City's property <br />might be responsible or encumbered, less amounts withheld by the City, have <br />been paid or otherwise satisfied, (2) a certificate evidencing that insurance, <br />