REGULAR MEETING OF THE WELLINGTON VILLAGE COUNCIL

Wellington Council Meeting April 10, 2012 Page 57 of 384
46. PAYMENT TO CONTRACTOR: Providing all work has been completed and
accepted by the CITY within thirty (30) days of the CITY's receipt of a properly
submitted and correct Application for Payment or Final Invoice, the CITY shall
make payment to the Contractor.
The CONTRACTOR warrants that: (1) title to Work, materials and equipment
covered by an Application for Payment or Final Invoice will pass to the CITY
either by incorporation in construction or upon receipt of payment by the
CONTRACTOR, whichever occurs first; (2) Work, materials and equipment are
free and clear of liens, claims, security interests or encumbrances, hereinafter
referred to as "liens"; and (3) no Work, materials or equipment will have been
acquired by the CONTRACTOR, or any other person performing work at the
site or furnishing materials or equipment for the Project, subject to an
agreement under which an interest therein or an encumbrance thereon is
retained by the seller or otherwise imposed by the CONTRACTOR or such
other person.
47. PAYMENT TO SUBCONTRACTORS: The CITY shall have no obligation to
pay or to be responsible in any way for payment to a subcontractor of the
CONTRACTOR except as may otherwise be required by law.
48. CITY'S RIGHT TO WITHHOLD PAYMENT: The CITY may withhold in whole
or in part, final payment or any progress payment to such extent as may be
necessary to protect itself from loss on account of: Defective work not
remedied, claims filed or reasonable evidence indicating the probable filing of
claims by other parties against the CONTRACTOR, failure of the
CONTRACTOR to make payments to subcontractors or suppliers for materials
or labor, damage to another contractor not remedied, liability for liquidated
damages has been incurred by the CONTRACTOR, reasonable
evidence that the work cannot be completed for the unpaid balance of the
contract sum, reasonable evidence that the work will not be completed within
the contract time or failure to carry out the work in accordance with the Bid
Documents.
When the above grounds are removed or resolved or the CONTRACTOR
provides a surety bond or a consent of surety satisfactory to the CITY which
will protect the CITY in the amount withheld, payment may be made in whole or
in part.
All invoices or requests for payments must indicate the Project Name
and Project Number or the Purchase Order Number.
BID NO. 2012-008 18