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.)

168.21 LABOR AND MATERIAL SUPPLIERS.

   The contractor shall promptly pay or satisfy the just and equitable claims of all persons who have performed labor or furnished material for the contractor in the execution of the contract, including those who have previously filed attested accounts of such claims with the City, and all bills, costs or claims of whatever kind which the same is to be paid or a charge against the City. The contractor shall defend, indemnify and hold the City harmless from any cost, claim, liability or expense arising from any claim against the City or against any fund of the City.

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

168.22 OTHER LAWS, PERMITS AND REGULATIONS.

   The contractor shall be required to comply with all other applicable Federal, State and local laws and regulations and shall be responsible for securing, at his or her own expense, any and all licenses, permits and certificates of inspection required by law or by the contract demands.

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

168.23 ASSIGNMENT OF CONTRACTS.

   The contractor shall not assign, transfer, convey or otherwise dispose of the contract, or his or her right or obligation to execute it, or his or her right, title or interest in it or to it or any part thereof, or assign, by power of attorney or otherwise, any of the moneys due or to become due under the contract, without the consent of the City. The giving of any such consent to a particular assignment shall not dispense with the necessity of such consent to any further or other assignments.

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

168.24 SUBCONTRACTORS.

   The contractor shall not sublet any part of the contract without the previous written consent of the City. Subletting, if permitted, shall not relieve the contractor, or his or her surety, of any of his, her or its obligations under the contract and the contractor shall remain solely responsible to the City for the acts or defaults of his, her or its subcontractor. The contractor shall promptly, upon request of the City, file a confirmed copy of any subcontract with prices and terms of payment deleted, as a condition precedent to the approval of a subcontractor. The contractor and subcontractor shall jointly and severally agree that no obligation is thereby created upon the City to pay, or see to the payment of, any sums to any subcontractor.

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

168.25 TERMS OF PAYMENT.

   (a)    Monthly Estimates.  During the progress of the contract work, the City Engineer or Public Works Director shall prepare monthly estimates based upon the amount of acceptable work done and in place and upon acceptable material delivered to the site in reasonable amounts and in proper condition. The City shall, within sixty days of the date the Engineer or Director approves such estimate, pay the contractor ninety (90%) percent of the total value of acceptable work in place, less former payments, provided the same is free from any attested accounts, or from any claims for damages which might in any manner become a liability or charge against the City, and provided no legal restraints are placed upon the City preventing such payment. The ten percent (10%) retainage shall be held exclusively by the City and no escrow accounts will be authorized or required. The allowance and payment of such estimates shall not be deemed a final acceptance by the City of the work or material therein included.

   (b)    Final Estimate. The Engineer or Director shall, as soon as practical after the completion of the entire work by the contractor, make a complete and final estimate of the work and accept or reject the same. Within sixty days after written final acceptance of the work by the Engineer or Director, the City shall pay to the contractor the whole amount of the money then due the contractor under the contract, less the amount prescribed in Section 168.26 to be retained as a guaranty and less any sums which may have been expended by the City under the provisions of the contract, provided the same is free from any attested accounts or from any claims for damages which might in any manner become a liability or charge against the City and provided no legal restraints are placed upon the City preventing such payment.

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

168.26 GUARANTY OF MATERIALS AND WORKMANSHIP; FINAL PAYMENT.

   (a)    The contractor shall guarantee all materials and workmanship furnished and used in the improvement for such period as may be specified in the contract documents, after approval of the final estimate by the City Engineer or Public Works Director. During such time, the City shall, as specified in the contract documents, either:

      (1)   Retain an amount equal to not more than ten percent (10%) of the total contract price;

      (2)   Require a maintenance bond in the amount of one hundred percent (100%) of the contract price for a period of one year; or

      (3)   Require a maintenance bond in the amount of twenty-five percent (25%) of the contract price for a period of two years;

As a guaranty on the part of the contractor that the work will remain in good and sound condition during the period as may be specified in the contract.

   (b)    Upon the expiration of the guaranty period, provided that all the work is at that time in good order and that all obligations of the contractor are fulfilled, the City shall pay the contractor such part of the retained sum as may remain after the expense of any repairs or replacement has been paid therefrom, or shall release said maintenance bond. The acceptance by the contractor of such shall constitute a full release to the City and all its officers and agents, from all claims of, and liability to, the contractor for any reason whatsoever.

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