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(Amended by Ordinance Nos. 138075, 140744 and 173295, effective April 28,
1999.)
A. Subject to applicable provisions of the City Charter and in accordance
with the specifications adopted for particular work by the Council, progress
payments may be made by the City periodically as required by the contract for
the improvement work, on the basis of a certificate concerning the same, filed
with the Auditor by the Responsible Engineer.
B. The progress payment certificate shall show the amount of work and
material applied to the local improvement or public improvement and not included
in any prior certificate, the reasonable value of the work and material, the
contract price thereof, the amount to be retained pursuant to the contract, and
the amount to be paid as a progress payment. Contract provision for the progress
payments shall be deemed sufficient without further approval by the Council,
except that if the contractor is found to be delinquent, if the payment is the
last payment to be made before payment of retainage pursuant to the contract, or
if any progress payment covers work which is in addition to or an extra over the
basic contract, then a progress payment shall not be made pursuant to the
Responsible Engineer’s certificate until such certificate has been presented to
the Council and approved by the Council, or the Council has separately
authorized the extra work.
C. On any contract for a local improvement which does not contain a
specific provision for progress payments, a single progress payment shall be
made at the time the final estimate of the Responsible Engineer is filed with
the City Auditor if such payment is requested by the contractor. The progress
payment shall not exceed 95 percent of Council authorized contract costs
included in the final estimate. This paragraph shall be applicable to contracts
which are completed after the passage of this Ordinance.
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