168.14 PERFORMANCE BOND.

   Within five days after receiving notice of an award and before entering into a contract the successful bidder will be required to furnish a performance bond to the City in the full amount of the contract, which binds the surety whether or not it receives notice of the award of the contract, the condition of which bond shall be the full and complete execution and performance of all of the terms contained in the contract documents.

   The bond shall be subject to the approval of the City as to sufficiency and form, and the company issuing the performance bond and the sureties thereof must be duly authorized and qualified to do business in the State and must, upon request of the Law Director, furnish a certificate of authority and compliance from the office of the State Superintendent of Insurance.

Such bond shall not be released until all provisions of the contract have been fulfilled.

(Ord. 1996-119. Passed 6-17-96.)

168.15 EXECUTION OF CONTRACT; FAILURE TO EXECUTE CONTRACT.

   The contract shall be properly executed by the successful bidder and returned, together with the performance bond. If the contract is awarded to an out-of-State corporation, a certificate must be issued by the Secretary of State that such corporation is authorized to do business in Ohio. The contract, the performance bond and, in the case of out-of-State corporations, the certificate, must be returned to the City within ten days after the bidder has received notice that the contract has been awarded. No award shall be considered binding upon the City until the execution of the contract. A contract shall be deemed executed when it is signed by the bidder, and on behalf of the City, by the Mayor, when it is certified by the Finance Director as required by law, when it is secured by the required performance bond and when it is approved as to legal form by the Law Director. The successful bidder, upon his or her request, shall be entitled to a notice to proceed as soon as the contract is executed and shall be ready to proceed as soon as instructed to do so by the City.

   Failure to execute a contract and file an acceptable performance bond and affidavit within the time and as provided in this chapter shall be cause for annulment of the award and the forfeiture of the proposal guaranty to the City, not as a penalty but as liquidated damages. The contract may then be awarded to the next lowest bidder or the work may be re-advertised, at the discretion of the City.

(Ord. 1996-119. Passed 6-17-96.)

168.16 CONTRACT CONDITIONS.

   Every contract shall contain the conditions set forth in this chapter, all provisions required by the City Charter to be set forth therein and such other provisions, terms and conditions as the Law Director and the City Engineer deem necessary or appropriate.

(Ord. 1996-119. Passed 6-17-96.)

168.17 PUBLIC LIABILITY, PROPERTY DAMAGE AND AUTOMOBILE INSURANCE.

   (a)    The contractor shall at his or her expense, take our and maintain, during the life of the contract, public liability and property damage insurance, in the amounts specified in the contract documents, as will protect himself or herself, the City and any subcontractor performing work covered by the contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages which may arise from operations under the contract, whether such operation is by himself or herself or by any subcontractor or by anyone directly or indirectly employed by either of them. An exact copy of such policy shall be deposited with the City before the commencement of any work under the contract.

   (b)    The following special hazards shall be covered during the life of the contract by riders to the policy required herein, or by separate insurance policies, in the amounts specified in the contract documents:

      (1)    Public liability insurance to cover vehicles used in the performance of the contract;

      (2)    Property damage liability insurance to cover vehicles used in the performance of the contract; and

      (3)    Public liability and property damage insurance to cover the use of explosives used in the performance of the contract.

   (c)    All insurance policies shall name the City as an additional insured and provide that

ten days prior to cancellation or reduction of the insurance afforded by the policy written notice

will be mailed to the City.

(Ord. 1996-119. Passed 6-17-96.)

168.18 WORKERS' COMPENSATION INSURANCE.

   The contractor shall, at his or her sole expense, take out and maintain, during the life of the contract, workers' compensation insurance for all of his or her employees employed at the site of the project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide workers' compensation insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the contractor.

   Such insurance shall be evidenced by a certificate from the Industrial Commission of Ohio that the contractor has complied with each and every condition of the Act of February 26, 1913, as amended and supplemented, known as the Workers' Compensation Law. The contractor shall save the City harmless from any and all liability arising from or under the Workers' Compensation Law.

(Ord. 1996-119. Passed 6-17-96.)

168.19 SOCIAL SECURITY.

   The contractor shall be and remain an independent contractor with respect to all services performed under the contract and shall agree to accept full and exclusive liability for the payment of any and all contributions or taxes for social security, Medicare, unemployment insurance or old age retirement benefits; pensions or annuities, now or hereafter imposed under any State of Federal law, which are measured by the wages, salaries or other remuneration paid to persons employed by the contractor on work performed under the terms of the contract. The contractor shall indemnify and save harmless the City from any such contributions, taxes or liability therefor.

(Ord. 1996-119. Passed 6-17-96.)

168.20 PREVAILING RATE OF WAGES.

   (a)   For any contract described in subsection (b) hereof, each laborer, workman or mechanic employed by the contractor for the work specified, by a subcontractor or by other persons upon such work, shall be paid at the minimum prevailing wage as determined by the State Department of Industrial Relations, Division of Building and Factory Inspection, or such high or lower rate as may be specified in the contract documents.

   (b)   Unless Council provides otherwise by ordinance, contracts to which subsection (a) hereof shall apply shall be any contract, the total project cost of which shall be fairly estimated to be the amount as determined pursuant to Ohio R.C. 4115.03(B)(1) or (B)(2), as adjusted biannually pursuant to Ohio R.C. 4115.034.

(Ord. 2003-59.  Passed 4-7-03.)