The payment by the Municipality under its contracts shall be made in accordance with the procedure established in this section for the several improvements herein included and, as to any improvements not included in this section, 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) Sewers: Storm, Sanitary or Combination. On or before the first week of each month, the contractor shall furnish the Municipal Engineer with a statement of the approximate estimate of the work which has been done in conformity with the contract. When the 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 to the contractor after deducting all previous estimates. Such material or partly completed work as the 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 Engineer, represents the cost to the contractor for such work or material. Ten days after the final measurements have been made, the 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 shall be retained for a period of four months from the date of the final estimate.
(b) Water Mains and Appurtenances. On or before the first week of each month, the contractor shall furnish the Municipal Engineer with a statement of the approximate estimate of the work which has been done in conformity with these specifications. When the Engineer has checked this estimate and determined the total amount of the work performed, the sum payable for such amount of work under the contract, less ten percent, shall be due to 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 will be paid for at a price which, in the judgment of the 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 Municipal Engineer and the City of Cleveland, Division of Water and Heat, the Engineer shall submit the final estimate in full for all work performed. From such estimate, however, there shall be deducted five percent of the entire amount which 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 depressions or remove any surplus from the street and clean and repair any part of the work under this contract. Upon the completion of such work to the satisfaction of the Engineer, three percent of the total contract amount shall be paid to the contractor. The remaining two percent due to 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 Engineer, requires repairs, replacements or backfillings, the contractor shall agree to furnish all materials and do all such work at his own expense. Should the contractor fail to do so within a reasonable time after notification, the contract shall provide that the Engineer shall have such work done, and the cost shall be paid out of the above mentioned two percent guarantee fund. Should the cost exceed this percent, the contract shall provide that the contractor agrees to pay the amount of the excess.
(c) Sidewalks. On or before the first week of each month, the contractor shall furnish the Municipal Engineer with a statement of the approximate estimate of the work which has been done in conformity with these specifications. When the 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 to the contractor after deducting all previous estimates. Such partly completed work as the Engineer may find upon the day set for estimating work will be paid for at a price which, in the judgment of the Engineer, represents the cost of the contractor's services. Ten days after the final measurements have been made, the Engineer shall submit the final estimate in full for all work performed.
(d) Surface Treatment of Streets and Repairs. The contractor will be paid monthly for the work which, in the opinion of the Municipal Engineer, has been completed. On or before the first week of each month, the contractor shall furnish the Engineer with a statement of the approximate estimate of the work which has been done in conformity with these specifications. When the 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 to the contractor after deducting all previous estimates.
Ten days after the contractor has completed all work under this contract, the 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 work in this contract as may be ordered by the Engineer. Upon completion of this work, as required by the contract and to the satisfaction of the Engineer, the total sum for the amount of work done under this contract, less estimates previously paid, shall be due and payable,
(e) Pavement and Appurtenances. On or before the first week of each month, the contractor shall furnish the Municipal Engineer with a statement of the approximate estimate of the work which has been done in conformity with these specifications. When the Engineer has checked this estimate and determined the total amount of work performed, then this amount, less ten percent, shall be due to the contractor after deducting all previous estimates. Such material, or partly completed work, which conforms to specifications as the Engineer may find when checking the finished work, will be paid for at a price which, in the judgment of the Engineer, represents the cost to the contractor for such work.
Ten days after the contractor has completed all the work stipulated in this contract, the Engineer shall prepare an estimate based on all the 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 interfere, until such time as a final inspection of the work can be made. 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 to have been completed under this contract as may be ordered by the Engineer.
There will be retained by the Municipality for a three-year period, 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. Should the contractor make all necessary repairs, as directed at the expiration of such guarantee, then such amount, less any expense that the Municipality 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 such repairs at the expiration of the time specified, then the guarantee sum shall remain in the custody of the Municipality until such time as it becomes possible to make such inspection and repair.
(Ord. 1960-53. Passed 6-13-60.)