(a) Compliance Required. The scheduled time, rate, amount and manner of payments on all construction or improvement contracts or contracts contemplating performance in installments entered into by the City shall be in accordance with the provisions of this section.
(b) Method and Schedule of Payments to Contractors. The payment by the City under its contracts shall be made in accordance with the procedure established to this subsection for the several improvements herein included, and as to any improvements not included in this subsection, shall be made in the manner agreed 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.
(1) Storm, sanitary or combination sewers. 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 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 10%, shall be due 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 5% of the entire amount which shall be retained for a period of four months from the date of the final estimate.
(2) Water mains and appurtenances.
A. 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 the 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 10%, shall be due 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.
B. Ten days after the final measurements have been made and after acceptance by the Engineer and the City of Cleveland, the Engineer shall submit the final estimate in full for all work performed, from which estimate, however, there shall be deducted 5% 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, 3% of the total contract amount shall be paid to the contractor. The remaining 2% due the contractor shall be retained for an additional period of 20 months following the payment of the 3%, as a guarantee upon the part of the contractor that the work will remain in good sound condition.
C. If any of the work done under the contract shall, in the opinion of the Engineer, require repairs, replacements or backfillings, the contractor shall agree to furnish all material 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 of same paid out of the 2% guarantee fund. Should the cost exceed this percent, the contract shall provide that the contractor agrees to pay the amount of the excess.
(3) Sidewalks. 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 10% shall be due 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 for such work. Ten days after the final measurements have been made, the Engineer shall submit the final estimate in full for all work performed.
(4) Surface treatment of streets and repairs.
A. The contractor will be paid monthly for the work which, in the opinion of the 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 the work performed, the sum payable for such amount of work under the contract, less 8% shall be due the contractor after deducting all previous estimates.
B. Ten days after the contractor has completed all work under this contract, the Engineer shall prepare an estimate based on all work completed, less 4% and less all previous estimates. Such 4% shall be retained for a period of 30 days. At the expiration of this period, the contractor shall go over the work and shall refill any depressions, 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.
(5) Pavement and appurtenances.
A. 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, this amount, less 10% shall be due the contractor after deducting all previous estimates.
B. Such material, or partly completed work, which conforms to specifications as the Engineer may find when checking the work done, will be paid for at a price which, in the judgment of the Engineer, represents the cost to the contractor for such work.
C. Ten days after the contractor has completed all work under this contract, the Engineer shall prepare an estimate based on all work completed, less 5% and less all previous estimates. Such 5% shall be retained for a period of four months or, if inclement weather, snow or ice interferes, until such time as a final inspection of work can be done. 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 in this contract as may be ordered by the Engineer.
D. There shall be retained by the City, 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, which amount will be retained by the City for a three-year period.
E. Should the contractor make all necessary repairs, as directed, at the expiration of the guarantee, when the amount, less any expense that the City 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 repairs at the expiration of the time specified, then the guarantee sum shall remain possible to make inspection and repair.
(c) Payments Not to Mean Acceptance of Work. Payments based on the estimates mentioned in division (b) hereof shall not be taken or construed as an acceptance by the City of any such work. The acceptance of or payment for any work performed or materials furnished under any contract, or any possession by the City, shall not in any way be construed as a waiver by the City of any rights under the contract or of any right or power therein reserved to the City, 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 part thereof or of a subsequent breach thereof.
(d) Attested Accounts. 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 satisfy the just and equitable claims of all persons or corporations who have performed labor or furnished materials or equipment for the contractor in the execution of each such contract, the just and equitable claims of all persons or corporations who have previously filed an attested account of any such claims with the proper official of the City, and all bills, costs or claims of any kind which might become a liability, lien or charge against the City. In the event attested accounts are filed with the City, the City may retain, out of the moneys due or to become due the contractor, a sum sufficient to pay all such attested account claimants, and in case such accounts are not paid or adjusted to the satisfaction of the City, the City may retain all payments pursuant to this chapter and pursuant to the law of attested accounts provided for by Ohio R. C. 1311.26 to 1311.37, inclusive.
(e) Revision of Estimates. All estimates made prior to the final estimate shall be subject to correction at the time of final estimate and final payment.
(f) Final Estimate. The final estimate shall include all work of every description done and all materials furnished by the contractor under the contract. All questions as to estimates, measurements or the determination of the quantity or quality of work shall be left to the discretion of the Engineer. Labor or material furnished outside the provisions of the contract will not be paid for unless they have been ordered by the Engineer and approved by Council.
(g) Noncompliance. In case the contractor fails to comply with the terms of the specifications or contract or fails to comply with such orders or directions of the Engineer as are provided for in or pursuant to the contract, the City reserves the right to withhold any estimates that may be due until the terms, specifications, orders or directions are complied with to the satisfaction of the Engineer.
(1982 Code, § 163.04) (Ord. 60-54. Passed 7-18-1960.)