(a) Funds certified by the Director of Finance for payment of all contracts including public works shall be deposited in any fund from which the contract is being paid, and interest earned from moneys on deposit in these funds shall be credited to the respective fund, and shall not be paid to the contractor in addition to the regular price of the contract. Retained funds shall not be deposited in escrow accounts.
(Ord. 23-95. Passed 2-21-95.)
(Ord. 23-95. Passed 2-21-95.)
(b) Bids for work under the supervision of the Director of Public Safety and Service and/or Director of Utilities shall be opened after 12:00 noon, on the last day of filing. The bids shall be publicly read upon opening. Each bid shall contain the full name of each person or company submitting the bid. The bid shall be accompanied by a bond or certified check on a solvent bank securing the veracity of the bid and the intention of the bidder to enter into a contract with the City when determined necessary by the appropriate board of control. A contract under this chapter shall be entered into or rejected by the authorized City official within sixty days from the date bids are opened and publicly read and shall be accompanied by a performance bond when determined necessary by the appropriate board of control. If the work bid embraces both labor and material, such items shall be separately stated in the bid with the price thereof. The appropriate board of control may reject any bid. Where there is reason to believe there is a collusion or combination among bidders, the bids of those concerned therein shall be rejected.
(c) The contract referred to in this chapter shall be between the City and the bidder, and the City shall pay the contract price in cash. Where the contract requires completion of the contract prior to a specified date, the City may exact liquidated damages for every day of delay beyond the specified date.
When, in the opinion of the Director of Safety and Service and/or the Director of Utilities, it becomes necessary in the prosecution of any work or improvement under contract to make alterations or modifications in the contract such alterations or modifications shall only be made upon the order of the Director.
(d) The unit or lump sum price stated in the contract referred to in this chapter, including modifications, shall be used in determining the amount to be paid, which shall constitute full and final compensation for the work performed.
Partial payment to the contractor for work performed under the lump sum price shall be based on a well balanced schedule prepared by the contractor and approved by the appropriate director. The partial payment schedule shall be related to principal features entering into or performing a part of the work under the lump sum price.
Partial payment to the contractor for labor performed under either a unit or lump sum price contract shall be made at the rate of ninety percent (90%) of the estimates prepared by the contractor and approved by the appropriate director.
(e) At the time named in the contract for payment to the contractor, the authorized City official, shall make in such manner a form as the City Finance Director prescribes, a full, accurate and detailed statement of the various kinds of labor performed and material furnished under the contract, including the amount due for each kind of labor and material and the total amount due on the contract. The statement shall be based upon the actual labor and materials used, and shall give the amount of the labor performed and materials furnished since the last estimate. From the date of acceptance of the contracted work by the City, or proper agency thereof, four percent (4%) may be retained as additional security for thirty days for the faithful performance of the contract, after which time if the contract has been faithfully performed nothing shall be retained.
(Ord. 57-86. Passed 10-20-86.)
(Ord. 57-86. Passed 10-20-86.)
(f) The statements referred to in this chapter shall be filed by the Director of Public Safety and Service and/or Director of Utilities and a copy thereof delivered to the City Finance Director. When the contracted material has been furnished and delivered to the City, but has not actually become a part of such building, construction, alteration, addition, installation or improvement, but which has been inspected and approved by the authorized City official, and the inspection certificate has been attached to such statement, there shall be paid a sum equal to ninety percent (90%) of the estimated value as shown by the statement. Upon such payment the material shall become the property of the City.
All materials furnished and delivered shall be paid for at the rate of ninety percent (90%) of the invoiced value of the materials.
When the rate of work and amounts involved are so large that it is deemed advisable by the City, statements and payments may be made twice each month.
(Ord. 23-95. Passed 2-21-95.)
(g) The amounts and time of payment of any contract made by the City or agency thereof, shall be governed by sections of this chapter.
(h) All contracts shall be executed by the Director of Public Safety and Service and/or Director of Utilities in the name of the City, one copy of which shall be filed in his office and one with the City Finance Director. No liability shall be created against the City as to any matters under the supervision of such Director, except by his express authority. Neither the Director nor any other officer or employee of the City, shall be interested in any contract entered into in the name of the City.
(Ord. 57-86. Passed 10-20-86.)
(Ord. 57-86. Passed 10-20-86.)