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The payment of moneys based on the estimates mentioned in Section 115.02 shall not be construed as an acceptance by the City of any such work so estimated.
The acceptance of or payment for any work performed or materials furnished under any such contract, or any possession by the City, shall not be construed as a waiver by the City of any rights under the contract or of any right or power therein reserved to the City, nor shall any waiver or any breach of any part or of the whole of any such contract be construed as a waiver of any other part thereof or of a subsequent breach thereof. (Ord. 1987-96. Passed 12-16-87.)
Any and all payments due or to become due the contractor and all rights of the contractor to demand and receive such payments shall be subject to all provisions of law relating to attested accounts of subcontractors, equipment men, material men, laborers or mechanics. The contractor shall pay or satisfy the just and equitable claims of all persons who have performed labor or furnished materials or equipment for the contractor in the execution of each such contract, the just and equitable claims of all persons who have previously filed an attested account of any such claims with the proper official of the City and all bills, costs or claims of any kind which might become a liability, lien or charge against the City. In the event that attested accounts are filed with the City, the City may retain out of the moneys due or to become due the contractor a sum sufficient to pay all such attested account claimants. If such accounts are not paid or adjusted to the satisfaction of the City, the City may retain all payments pursuant to the provisions of this chapter and pursuant to the law of attested accounts provided for by Ohio R.C. 1311.26 to 1311.37. (Ord. 1987-96. Passed 12-16-87.)
The final estimate shall include all work of every description done and all materials furnished by the contractor under the contract. All questions as to estimates, measurements or the determination of the quantity or quality of work shall be left to the discretion of the Deputy Service Director/Superintendent of Engineering. Labor or material furnished outside the provisions of such contract shall not be paid for unless such labor or material has been ordered by the Deputy Service Director/Superintendent of Engineering in writing by change order and approved by the contractor. (Ord. 2002-106. Passed 11-06-02)
If the contractor fails to comply with the terms of the specifications or contract or fails to comply with such orders or directions of the Deputy Service Director/Superintendent of Engineering as are provided for in or pursuant to the contract, the City reserves the right to withhold any estimates or portions thereof, that may be due until such terms, specifications, written change or directions are complied with to the satisfaction of the Deputy Service Director/Superintendent of Engineering. (Ord. 2002-106. Passed 11-06-02.)
(a) Each person or entity bidding for a contract with the City for the construction, alteration, repair or reconstruction of any public improvement is required to file with its bid a bid bond in the amount of ten percent of the amount of the bid. Such bid bond shall be separate from any performance or payment bond tendered pursuant to subparagraphs (c) through (f) of this section;
(b) The bid bond provided pursuant to subparagraph (A) of this section shall be subject to payment to the City as follows:
(1) The return of the bid bond shall be conditioned upon the bidder entering into a proper contract in accordance with the bid, plans and specifications after the acceptance of the bid and notice of award of the contract.
If for any reason other than as authorized by section 9.31 of the Revised Code, the bidder fails to enter into the contract, the City may enter into a contract with the next lowest responsible and responsive bidder and the bidder and its surety shall be liable to the City for the difference between the amount of bidder's bid and the amount of the bid of the bidder being awarded the contract, or for a penal sum not to exceed ten percent (10%) of the amount of the bid, whichever is less.
(c) Within five (5) calendar days of the receipt of the Notice of Award of a contract the successful bidder shall provide to the City a Performance bond in the amount of the contract to indemnify the City against all damage suffered by failure to perform the contract according to its provision and in accordance with the plans, details, damages, and costs associated with the default or termination of the contractor or any corrective work not undertaken by the contractor.
(d) Within five (5) calendar days of the receipt of the Notice of Award of a contract the successful bidder shall provide to the City a Payment bond in the amount of the contract to pay all lawful claims of subcontractors, materialmen, and laborers for labor performed and material furnished in carrying forward, performing, or completing the contract and such undertaking shall be for the benefit of any subcontractor, material person or laborer having a just claim, as well as for the City. (Ord. 1993-38. Passed 6-2-93.)
(e) In lieu of separate bid, performance and payment bonds, the Deputy Service Director/Superintendent of Engineering may accept one bond satisfying each of these separate requirements, provided, however, that a separate penal sum must apply to the performance and payment bond provisions of such bond. (Ord. 2002-106. Passed 11-06-02)
(f) The contract shall submit with its Application for Final Payment pursuant to Section 115.02(c) a Maintenance bond in the amount of ten percent (10%) of the contract amount. Such bond shall be conditioned to guarantee all materials and workmanship furnished pursuant to the contract for a period of one year from the date referenced in the Certificate of Final Completion.
(g) The release of the Maintenance bond upon the expiration of one year shall not constitute or be deemed to be a release or waiver of any other claim or right which the City may have with respect to work performed by the contractor which is defective or does not conform to the contract documents. (Ord. 1993-38. Passed 6-2-93)