208.01 General provisions.
208.02 Estimates; schedule of payments.
208.03 Estimates not binding upon municipality; waiver of rights.
208.04 Payment of claimants.
208.05 Final estimate by City Engineer; payment.
208.06 Correction of prior estimates.
208.07 Final estimates conclusive.
208.08 Noncompliance.
208.09 Guarantee and bond; restitution.
CROSS REFERENCES
Public bidding - see CHTR. Art. XVI(h)
Public improvements - see CHTR. Art. XVI(i)
Unlawful interest in public contracts - see CHTR. Art. XVIII(c); GEN. OFF. 606.17
Administration of contracts by Mayor - see ADM. 230.02
Licensing of contractors - see B. & H. Ch. 1444
The schedule, time, rate, amount and manner of payments on all construction or building contracts or contracts contemplating performance in installments entered into by the Municipality shall be in accordance with the provisions of this chapter, notwithstanding the provisions of Ohio R.C. 153.13, 153.14 and 735.074. It is the intention of Council that the provisions of this chapter shall supersede and be in lieu of the provisions of such sections of the Ohio Revised Code.
The Municipality shall cause approximate estimates to be made monthly by the City Engineer of the amount which, in his or her opinion, represents the work done, or acceptable materials properly delivered, as specified under the contract. Within five days after such estimate has been duly approved, but in any event not later than the fifteenth day of the following calendar month, the Municipality will make a partial payment in cash to the contractor of ninety percent of such estimate less prior payments. The Municipality will retain ten percent of the amount of the monthly estimates until final completion and acceptance of all work or delivery of all materials required by the contract. Such amounts will be retained by the Municipality as a guarantee that the contractor will faithfully and completely fulfill and execute all the obligations and conditions imposed by any such contract and to indemnify the Municipality for any damage caused to the Municipality by reason of any failure or breach on the part of the contractor to fulfill such conditions and obligations.
(Ord. 2705. Passed 3-16-60.)
The making of estimates as described in Section 208.02 shall not be construed to be an acceptance by the Municipality of any such work so estimated. The acceptance of or payment for any work performed or materials furnished under any contract, or any possession by the Municipality, shall not in any way be construed to be a waiver by the Municipality of any rights under the contract or of any right or power therein reserved to the Municipality, 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. 2705. Passed 3-16-60.)
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 well and truly pay or satisfy the just and equitable claims of all persons or corporations who or which have performed labor or furnished materials or equipment for the contractor in the execution of each such contract. He or she shall also pay or satisfy the just and equitable claims of all persons or corporations who or which have previously filed an attested account of any such claims with the Director of Finance and all bills, costs or claims of any kind which might become a liability, lien or charge against the Municipality.
If attested accounts are filed with the Municipality, the Municipality 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 Municipality, the Municipality may retain all payments pursuant to this chapter and pursuant to the law of attested accounts.
(Ord. 2705. Passed 3-16-60.)
Loading...