The payment by the City under its contracts shall be made in accordance with the procedure established in this chapter for the several improvements herein included, and as to any improvement not included in this chapter, such payment shall be made in the manner agreed upon between the City and the contractor in the contract for the improvement or construction to be made. The method and schedule of payment are hereinafter set forth according to the type of improvement or construction to which they relate.
(a) For Sewers, Either Storm or Sanitary, or a Combination Thereof. On or before the first week of each month the contractor shall furnish the City Engineer with a statement of the approximate estimate of the work which has been done in conformity with the contract. When the City Engineer has checked this estimate and determined the total amount of work performed, the sum payable for such amount of work under the contract, less ten percent, shall be due the contractor after deducting all previous estimates. Such material or partly completed work as the City Engineer may find upon the site on the day set for estimating the work will be paid for at a price which, in the judgment of the City Engineer, represents the cost to the contractor for such work or material. Ten days after the final measurements have been made, the City Engineer shall submit the final estimate in full for all work performed, from which estimate, however, there shall be deducted five percent of the entire amount, which percentage shall be retained for a period of four months from the date of the final estimate.
(b) For Water Mains and Appurtenances. On or before the first week of each month, the contractor shall furnish the City Engineer with a statement of the approximate estimate of the work which has been done in conformity with City specifications. When the City Engineer has checked this estimate and determined the total amount of work performed, the sum payable for such amount of work under the contract, less ten percent, shall be due the contractor after deducting all previous estimates. Payment for partly completed work and for material delivered to the site and not installed in the work shall be paid for at a price which, in the judgment of the City Engineer, represents the cost to the contractor for such work or material.
Ten days after the final measurements have been made and after acceptance by the City Engineer and the City of Cleveland, Division of Water and Heat, the City Engineer shall submit the final estimate in full for all work performed, from which estimate, however, there shall be deducted five percent of the entire amount, which percentage shall be retained for a period of four months following the date of submission of the final estimate. At the expiration of the four-month period, the contractor shall refill any depression or remove any surplus from the street and clean and repair any part of the work under the contract. Upon the completion of such work to the satisfaction of the City Engineer, three percent of the total contract amount shall be paid to the contractor. The remaining two percent due the contractor shall be retained for an additional period of twenty months following the payment of such three percent, as a guarantee upon the part of the contractor that the work will remain in good sound condition.
If any of the work done under the contract, in the opinion of the City Engineer, requires repairs, replacements or backfillings, the contractor shall agree to furnish all material and do all such work at his or her own expense. Should the contractor fail to do so within a reasonable time after notification, the contract shall provide that the City Engineer shall have such work done and the cost of same paid out of the above-mentioned two percent guarantee fund. Should the cost exceed this percentage, the contract shall provide that the contractor agrees to pay the amount of the excess.
(c) For Sidewalks. On or before the first week of each month, the contractor shall furnish the City Engineer with a statement of the approximate estimate of the work which has been done in conformity with City specifications. When the City Engineer has checked this estimate and determined the total amount of work performed, the sum payable for such amount of work under the contract, less ten percent, shall be due the contractor after deducting all previous estimates. Such partly completed work as the City Engineer may find upon the day set for estimating the work shall be paid for at a price which, in the judgment of the City Engineer, represents the cost to the contractor for such work. Ten days after the final measurements have been made, the City Engineer shall submit the final estimate in full for all work performed.
(d) For Surface Treatment of Streets and the Repairs Thereof. The contractor shall be paid monthly for the work which, in the opinion of the City Engineer, has been completed. On or before the first week of each month, the contractor shall furnish the City Engineer with a statement of the approximate estimate of the work which has been done in conformity with City specifications. When the City Engineer has checked this estimate and determined the total amount of work performed, the sum payable for such amount of work under the contract, less eight percent, shall be due the contractor after deducting all previous estimates. Ten days after the contractor has completed all work under the contract, the City Engineer shall prepare an estimate based on all work completed, less four percent and less all previous estimates. Such four percent shall be retained for a period of thirty days. At the expiration of this period, the contractor shall go over the work and shall refill any depression, remove the surplus from the street and clean and repair any part of the work in the contract as may be ordered by the City Engineer. Upon completion of this work as required by the contract and to the satisfaction of the City Engineer, the total sum for the amount of work done under the contract, less estimates previously paid, shall be due and payable.
(e) For Pavement and Appurtenances Thereto. On or before the first week of each month, the contractor shall furnish the City Engineer with a statement of the approximate estimate of the work which has been done in conformity with City specifications. When the City Engineer has checked this estimate and determined the total amount of work performed, this amount, less ten percent shall be due the contractor after deducting all previous estimates. Such material or partly completed work, which conforms to specifications, as the City Engineer may find when checking the work done, shall be paid for at a price which, in the judgment of the City Engineer, represents the cost to the contractor for such work. Ten days after the contractor has completed all work under this contract, the City Engineer shall prepare an estimate based on all work completed, less five percent and less all previous estimates. Such five percent shall be retained for a period of four months, or if inclement weather, snow or ice interferes, until such time as a final inspection of work can be done. At the expiration of this period, the contractor shall go over the work and shall refill any depression, remove the surplus from the street and clean and repair any part of the work in the contract as may be ordered by the City Engineer.
There shall be retained by the City, from the amount due upon the final estimate, a sum of money equal in amount to fifteen cents ($.15) per square yard for all pavement, which amount will be retained by the City for a three-year period.
Should the contractor make all necessary repairs, as directed, at the expiration of the guarantee, then such amount, less any expense that the City may have incurred, shall be returned to the contractor as full payment for any balance due on the contract and improvement as herein provided. Should snow, ice or mud prevent the contractor from making repairs at the expiration of the time specified, then such guarantee sum shall remain in the custody of the City until such time as it becomes possible to make inspection and repair.
(Ord. 1964-150. Passed 6-16-65.)