Chapter 1.78
PUBLIC IMPROVEMENT CONTRACTS*
Sections:
1.78.020 Payments out of retained percentage.
* Advertising for bids—See Charter Art. VI, Section 6.
Local improvements—See Chapter 8.12 of this code.
1.78.010 Retained percentage.
All contracts for public improvements or work, by the city of Yakima, shall provide that there shall be reserved from the money earned by the contractor or estimates during the progress of the improvement or work, an amount equal to five percent of such estimate, the amount to be retained by the city as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or materialman who shall perform any labor upon such contract or the doing of said work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the state with respect to taxes imposed pursuant to RCW 82 which may be due from such contractor. The fund shall be retained for a period of thirty days following the final acceptance of the improvement or work as completed, and no work or improvement shall be deemed completed until the city council shall so declare and accept the same by motion or resolution; provided, that the city council at any time after fifty percent of the original contract work has been completed, if the council finds that satisfactory progress is being made, may make any of the subsequent partial payments in full. (Ord. 2666 § 1, 1983: Ord. 1094 § 1, 1969: Ord. A-561 § 1, 1917).
1.78.020 Payments out of retained percentage.
After the expiration of thirty days following the final acceptance of any improvement or work and the expiration of the time for the filing of lien claims as provided by law, said reserve, or all amounts thereof in excess of a sufficient sum to meet and discharge the claims of materialmen and laborers who have filed their claims as provided by law, together with a sufficient sum to defray the cost of any actions brought and to pay attorneys’ fees which may be allowed, shall be paid to the contractor, but if any lien claim is filed against said reserve fund, such sums as may be detained to discharge the aforesaid claims and pay costs and attorneys’ fees shall be withheld and retained for a period of four months from the time of filing any claim or claims against said reserve fund, or until any action brought to enforce said lien claims has been finally determined or appropriate release executed by the claimant. If no action is brought to enforce any lien claim within four months from the time of filing same, the moneys withheld shall be paid to the contractor. (Ord. A-561 § 2, 1917).