(a) Not later than the fifteenth day of each calendar month, the City shall make a partial payment to the contractor on the basis of a duly certified and approved estimate, prepared by the City Engineer or the Director of Public Service of the work performed on the project during the preceding calendar month under this contract, but to insure the proper performance of this contract, the City will retain ten percent of the amount of each estimate until final completion and conditional acceptance of all work covered by this contract.
Before the payment of any estimate is made, the contractor shall certify under oath:
(1) The names and addresses of all subcontractors furnishing labor, material or services and of all persons furnishing material included in such estimate;
(2) That all bills for material and labor included in preceding estimates have been paid in full or a satisfactory explanation of any failure to do so; and
(3) That all bills for material and labor included in such estimate have been or will be paid from the proceeds thereof.
In addition to the foregoing, the City Engineer or the Director of Public Service may require the contractor to furnish waivers of lien signed by all persons furnishing labor or materials included in any estimate submitted by or on behalf of the contractor.
(b) Material delivered on the site of the project as shown by proper invoices therefor may be included in any estimate to the extent deemed proper by the City Engineer or the Director.
(c) All material and work included in or covered by partial payments made hereunder shall become the sole property of the City, provided, however, that the contractor shall not thereby be relieved from sole responsibility for the care and protection of such material and work or the restoration of any damaged work, nor shall the City by reason thereof be deemed to have waived any right to require full performance and fulfillment of all the terms and provisions of the contract. (Ord. 33-1960. Passed 3-7-60.)