168.24 SUBCONTRACTORS.

   The contractor shall not sublet any part of the contract without the previous written consent of the City. Subletting, if permitted, shall not relieve the contractor, or his or her surety, of any of his, her or its obligations under the contract and the contractor shall remain solely responsible to the City for the acts or defaults of his, her or its subcontractor. The contractor shall promptly, upon request of the City, file a confirmed copy of any subcontract with prices and terms of payment deleted, as a condition precedent to the approval of a subcontractor. The contractor and subcontractor shall jointly and severally agree that no obligation is thereby created upon the City to pay, or see to the payment of, any sums to any subcontractor.

(Ord. 1996-119. Passed 6-17-96.)

168.25 TERMS OF PAYMENT.

   (a)    Monthly Estimates.  During the progress of the contract work, the City Engineer or Public Works Director shall prepare monthly estimates based upon the amount of acceptable work done and in place and upon acceptable material delivered to the site in reasonable amounts and in proper condition. The City shall, within sixty days of the date the Engineer or Director approves such estimate, pay the contractor ninety (90%) percent of the total value of acceptable work in place, less former payments, provided the same is free from any attested accounts, or from any claims for damages which might in any manner become a liability or charge against the City, and provided no legal restraints are placed upon the City preventing such payment. The ten percent (10%) retainage shall be held exclusively by the City and no escrow accounts will be authorized or required. The allowance and payment of such estimates shall not be deemed a final acceptance by the City of the work or material therein included.

   (b)    Final Estimate. The Engineer or Director shall, as soon as practical after the completion of the entire work by the contractor, make a complete and final estimate of the work and accept or reject the same. Within sixty days after written final acceptance of the work by the Engineer or Director, the City shall pay to the contractor the whole amount of the money then due the contractor under the contract, less the amount prescribed in Section 168.26 to be retained as a guaranty and less any sums which may have been expended by the City under the provisions of the contract, provided the same is free from any attested accounts or from any claims for damages which might in any manner become a liability or charge against the City and provided no legal restraints are placed upon the City preventing such payment.

(Ord. 1996-119. Passed 6-17-96.)

168.26 GUARANTY OF MATERIALS AND WORKMANSHIP; FINAL PAYMENT.

   (a)    The contractor shall guarantee all materials and workmanship furnished and used in the improvement for such period as may be specified in the contract documents, after approval of the final estimate by the City Engineer or Public Works Director. During such time, the City shall, as specified in the contract documents, either:

      (1)   Retain an amount equal to not more than ten percent (10%) of the total contract price;

      (2)   Require a maintenance bond in the amount of one hundred percent (100%) of the contract price for a period of one year; or

      (3)   Require a maintenance bond in the amount of twenty-five percent (25%) of the contract price for a period of two years;

As a guaranty on the part of the contractor that the work will remain in good and sound condition during the period as may be specified in the contract.

   (b)    Upon the expiration of the guaranty period, provided that all the work is at that time in good order and that all obligations of the contractor are fulfilled, the City shall pay the contractor such part of the retained sum as may remain after the expense of any repairs or replacement has been paid therefrom, or shall release said maintenance bond. The acceptance by the contractor of such shall constitute a full release to the City and all its officers and agents, from all claims of, and liability to, the contractor for any reason whatsoever.

(Ord. 1996-119. Passed 6-17-96.)

168.27 PROCEDURES FOR EMERGENCY REPAIRS.

   (a)   The Public Works Director shall initiate an emergency repair by determining that such emergency repair is necessary and the reason therefor.  The Public Works Director shall notify the Mayor as soon as possible of the emergency through any means available.  The Public Works Director shall select a contractor through an informal solicitation process.

   (b)   When the emergency repair is concluded, the Public Works Director shall provide a written report to the Mayor and Law Director with a copy forwarded to each member of Council, setting forth the completion of the repair and the final cost thereof.

   (c)   Each quarter, the Administration shall provide Council with a written report specifying the nature and dollar value of emergency work performed by each such contractor during the preceding quarter and cumulatively for the calendar year to date.  The Public Works Department shall also keep a written log evidencing each emergency repair.

(Ord.  2001-149.  Passed 11-19-01.)