(a) Monthly Estimates. During the progress of the contract work, the contractor 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, which estimates shall be reviewed by the Village Engineer. If said estimates are correct and accurate, the Village Engineer shall forward the estimates to Council for its approval. If the Council approves the estimate the Municipality shall, pay the contractor ninety percent (90%) 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 Municipality, and provided no legal restraints are placed upon the Municipality preventing such payment. The retainage shall be held exclusively by the Municipality 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 Municipality of the work or material therein included.
(b) Final Estimate. The Engineer 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, and shall submit said estimate to Council for its approval. Within sixty days after written final acceptance of the work by the Council, the Municipality shall pay to the contractor the whole amount of the money then due the contractor under the contract, less the amount to be retained as a guaranty and less any sums which may have been expended by the Municipality 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 Municipality and provided no legal restraints are placed upon the Municipality preventing such payment.
(1) Acceptance by the contractor of such final estimate shall constitute a release to the Municipality, and all of its officers or agents, from all claims of, and liability to, the contractor for any reason whatsoever except claims for final payment of the guaranty fund.
(2) All prior partial estimates shall be subject to correction in the final estimate, and the final estimate shall be subject to correction before release and payment of the guaranty fund.
(3) Neither the acceptance of any work by the Municipality, nor the issuance of the final estimate, nor the payment upon such estimate nor the making of any special repairs by the Municipality, shall in any way be held or construed as relieving the contractor and his or her surety from full compliance with all requirements of the contract and guaranty.
(Ord. 05-109. Passed 4-21-05.)