2-92-190 Reserved.

Editor's note – Coun. J. 1-15-20, p. 13038, § 4, repealed § 2-92-190, which pertained to constitutionality.

ARTICLE III. EMPLOYEES, CONTRACTS AND LEASES (2-92-200 et seq.)

2-92-200 Protection of employees.

   In all contracts requiring the employment of workmen or laborers, the contractor shall be required to insure to his employees or their beneficiaries the compensation provided for in the act of the General Assembly of the state entitled, "An Act to promote the general welfare of the people of this state by providing compensation for accidental injuries or death suffered in the course of employment within this state, and without this state where the contract of employment is made within this state, providing for the enforcement and administering thereof, and a penalty for its violation, and repealing an act entitled, An Act to promote the general welfare of the people of this state by providing compensation for accidental injuries or death suffered in the course of employment,' approved June 10, 1911, in force May 1, 1912", approved June 28, 1913, in force July 1, 1913. Said contractor shall also be required to agree to indemnify, keep and save harmless the city from all claims, judgments, awards and costs which may in anywise come against said city by reason of any accidental injuries or death suffered by any of his employees in and about the performance of his contract; provided, that when such contract is for the furnishing of materials or supplies which are not manufactured, mined or produced on the special order of the city, but are to be furnished to the city out of the regular stock-in-trade of the contractor, the insurance of the employees of such contractor may be waived in case a bond is given to the city conditioned that the contractor will pay all claims and demands which may arise or accrue against the city as a result of the accidental injury or death of any of such contractor's employees.

(Prior code § 26-8)

2-92-210 Contractor's liability – Safety barriers and lights.

   Whenever any work or improvement shall require the digging up, use, or occupancy of any public way or other public place in the city, substantial covenants requiring such contractor to put up and maintain such barriers and lights during the night time as will effectually prevent the happening of any accident for which the city might be liable in consequence of such digging up, use, or occupancy of any public way or other public place, shall be inserted in the contract and also such other covenants and conditions as experience may prove necessary to save the city harmless from damages. The chief procurement officer shall also provide in such contract that the party contracting with the city shall be liable for all damages occasioned by the digging up, use, or occupancy of such public way or other public place, or which may result therefrom.

(Prior code § 26-9; Amend Coun. J. 7-19-00, p. 38206, § 1)

2-92-220 Working hours in city contracts.

   Eight hours shall constitute a legal day's work upon all work performed under any contract entered into with the city. The heads of the several departments of the city government shall use their best efforts to secure the enforcement of this section in contracts of which the performance is under their supervision.

(Prior code § 26-10)

2-92-230 Bills for materials and services – Certification and payment.

   The chief procurement officer shall receive all bills for supplies, materials, services and labor furnished upon orders issued by him, and shall certify to their correctness as to prices, extensions, totals and conformity to contract or purchase order. Where the supplies, materials, services and labor have been requisitioned by a department or office he shall certify to their conformity to such requisition. He shall present such certificate to the comptroller. When in the judgment of the chief procurement officer, it would be more appropriate in a given instance for another department head to perform such certification, the chief procurement officer may delegate certification authority to such department head.

(Prior code § 26-11; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 4-15-15, p. 106130, § 2)

2-92-240 Payments on account.

   In cases where the contractor shall proceed properly to perform and complete his contract, the chief procurement officer may from time to time, as the work progresses, grant to such contractor an estimate of the amount already earned. This shall entitle the holder to receive the amount that may be due thereon when the money applicable to the payment of such work shall be available and the conditions annexed to such estimate, if any, shall have been satisfied.

(Prior code § 26-12; Amend Coun. J. 7-19-00, p. 38206, § 1)

2-92-245 Advance payments to contractors / direct payments to subcontractors.

   (a)   The chief procurement officer is authorized to make advance payments to contractors for monies to be earned on contracts.

   (b)   The chief procurement officer is authorized to make direct payments to subcontractors for monies earned on contracts.

(Added Coun. J. 7-19-00, p. 38206, § 1)

2-92-250 Retainage to cover contract performance.

   A.   Except as otherwise provided in subsection (B), a contract for the construction of any public improvement or other public work may include terms providing for retainage. Such terms may be included in such contracts when the chief procurement officer determines that their inclusion is in the best interest of the City, to reasonably ensure the contractor's proper and complete performance of the work covered by the contract and the contractor's complete compliance with the terms and conditions of the contract.

   B.   Terms providing for retainage shall not be included, unless the contract is funded by a source that requires retainage, when:

      1.   The contract is federally funded and is subject to regulation governing prompt payment to disadvantaged business enterprise participants in the contract;

      2.   Quantities and delivery are indefinite at the time of advertisement and the contract will be paid on a unit price basis; or

      3.   The contract provides for participation goals, as authorized by law, for minority-owned business enterprises or women-owned business enterprises, as these terms are defined in 2-92-670.

   C.   When terms providing for retainage are included in a contract, the following requirements shall apply:

      1.   The retainage amount shall be determined by the chief procurement officer and shall be specified at the time of advertisement. The retainage amount shall not be more than five percent of the contract amount, including the value of all change orders.

      2.   The retainage amount shall be retained from the various periodic payment estimates according to a schedule specified in the contract that in the judgment of the chief procurement officer will serve to adequately protect the city, taking into account the term, value and other elements of the contract.

      3.   Upon substantial completion of the public work, as determined by the chief procurement officer, and prior to computation of the final quantities, a portion, specified in the contract, of the retainage amount shall be released to the contractor.

      4.   Notwithstanding subsection (C)(3) of this section, the chief procurement officer may from time to time release amounts to the contractor from the retainage amount for retainage owed by the contractor to certain subcontractors upon receipt of appropriate documentation from the contractor showing that all the tasks called for in the subcontract have been satisfactorily completed. The contractor must pay all retainage owed to each subcontractor for satisfactory completion of the subcontractor's accepted work promptly after the portion of the retainage amount is released by the chief procurement officer.

      5.   Upon (i) final acceptance of the work, (ii) the contractor's compliance with the contract's conditions for payment and performance of the work covered by the contract in accordance with the terms and conditions thereof and compliance with all other terms and conditions of the contract, (iii) payment to all subcontractors, workers, employees, suppliers and material men for work performed and materials supplied, and (iv) computation of the final quantities of work, the retainage amount, less any damages or other amounts that the chief procurement officer determines should be deducted, shall be paid to the contractor as final payment.

(Prior code § 26-13; Amend Coun. J. 5-18-94, p. 51426; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 2-7-07, p. 97531, § 1; Amend Coun. J. 6-28-17, p. 51149, § 1)