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(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
The original contract entered into and executed in accordance with these Codified Ordinances shall be filed in the office of the Commissioner of Accounts. One (1) certified copy shall be filed in the office or department affected by the contract, and one (1) certified copy shall be filed with the contractor. A brief notice of the execution of each contract shall be published in the next issue of the City Record thereafter, citing the pages of the City Record on which request for bids and the award of such contract were published and indicating the nature of the contract, the name of the contractor and the amount involved.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
Every contract for a public improvement shall contain the conditions set forth in this chapter, all provisions required by the Charter to be set forth therein and such other provisions, terms and conditions as the Director of Law, the director of the department concerned or the Commissioner of Purchases and Supplies shall deem necessary or appropriate.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
The following shall constitute the contract documents and shall be deemed the contract for the public improvement:
(a) The ordinance or ordinances authorizing the making of the public improvement;
(b) The invitation to bid, general conditions, supplemental general conditions and detail specifications;
(c) The contract drawings;
(d) All addenda issued by the City prior to receipt of bids;
(e) The affidavit of noncollusion;
(f) The bid;
(g) The resolution of the Board of Control awarding the contract;
(h) The agreement;
(i) All required bonds and policies of insurance;
(j) All provisions required by law, Charter or ordinance to be inserted in the contract, whether actually inserted or not.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
As used in this chapter, the following words and expressions or pronouns used in their stead, unless a different meaning is clear from the context, shall have the following meanings:
(a) “Addendum” or “addenda” means the additional contract requirements prepared by the director and issued in writing, by means of drawings, or both, by the Commissioner of Purchases and Supplies prior to the receipt of bids.
(b) “City” means the City of Cleveland, Ohio.
(c) “Contract” or “contract documents” means each of the various parts of the contract referred to in Section 185.19, both as a whole and severally, and includes subsidiary agreements, if any.
(d) “Contractor” means the corporation, firm or individual, or any combination thereof, and its, their or his or her successors, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted therefor under this contract, and includes in their respective capacities, the president, manager or other officer or agent for the time being, representing or locally managing the work of any corporation contracting herein.
(e) “Contract drawings” means those identified as such in the contract documents, and includes those issued in connection with any addendum, or issued in connection with any proper subsidiary agreement, and also includes any other detail or explanatory drawings issued during the progress of the work which are consistent with the contract documents, true developments thereof or reasonably inferrable therefrom.
(f) “Specifications” means all of the directions, requirements and standards of performance applying to the work as hereinafter detailed and designated under specifications.
(g) “Contract work” or “work” means the furnishing of all labor, materials, tools, equipment, incidentals and any other thing necessary or required for the full performance of the contract by the contractor, including all such required or necessary as called for in any proper subsidiary agreement.
(h) “Director” means the director of the department for which the improvement is being made.
(i) “Final acceptance” means final acceptance of the work by the director, as evidenced by his or her signature upon his or her certificate of completion and acceptance filed in the office of the Commissioner of Accounts, a copy of which shall be sent to the contractor. Such acceptance shall be deemed to have taken place as of the date so stated in such certificate.
(j) “Law” or “laws” means the Constitution of the State, the Charter, a statute of the United States or of the State, the Codified Ordinances and any Municipal ordinance, rule or regulation having the force of law which is applicable to this contract.
(k) “Materialman” means any person, firm or corporation other than employees of the contractor, who or which contracts with the contractor or any subcontractor to fabricate or deliver, or who actually fabricates or delivers, materials, plant or equipment to be incorporated in the work.
(l) “Subcontractor” means anyone, other than the contractor and his or her employees, who performs work, other than or in addition to the furnishing of materials, plant or equipment, at or about the construction site, directly or indirectly for or on behalf of the contractor, and whether or not in privity of contract with the contractor, but shall not include any person who furnished merely his or her own personal labor or his or her own personal services.
(m) “Workman”, “laborer” or “workingman” means any employee of the contractor or of a subcontractor, who performs personal labor or personal services at the construction site.
(n) “Directed,” “required,” “approved” and words of like import whenever they refer to the work or its performance, and “directed,” “required,” “permitted,” “ordered,” “designated,” “established,” “prescribed,” and words of like import used in the specifications, the contract or upon the drawings, imply the direction, requirement, permission, order, designation or prescription of the director. “Approved,” “acceptable,” “satisfactory” and words of like import mean approved by or acceptable or satisfactory to the director.
(o) “Site” means the area upon or in which the contractor’s operations are carried on, and such other areas adjacent thereto as may be designated as such by the director.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
The contractor shall be required to guarantee that he or she can and will complete the work on or before the time fixed in his or her bid, or any extension thereof granted by the City. For the reason that the damage and loss to the City which will result from the failure of the contractor to complete the work at the time fixed will be most difficult or impossible of accurate assessment, the damages to the City for such delay and failure on the part of the contractor shall be liquidated in the amount fixed by the City, for each calendar day by which the contractor shall fail to complete the work or any part thereof, in accordance with the provisions of the contract. Such liquidated damages shall not be considered as a penalty. The City will deduct and retain out of any money due or to become due under the contract the amount of the liquidated damages and, in case those amounts are less than the amount of the liquidated damages, the contractor shall be liable for the payment of the difference upon demand of the City.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
(a) If the contractor is delayed in the completion of the work by any act or neglect of the City, or by any other contractor employed by the City, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties or any cause beyond the contractor’s control, including orders, limitations or restrictions of any governmental agency having jurisdiction over the subject matter of the contract, or by delay authorized by the City, or by any cause which the director shall decide to justify the delay, then, for all such delays and suspensions, the contractor shall be allowed one (1) calendar day extension beyond the time fixed for completion of the work for each and every calendar day of such delay so caused in the completion of the work, the same to be ascertained by the director.
(b) No such extension shall be made for any one (1) or more of such delays unless within ten (10) days after the beginning of such delay a written request for additional time shall be filed with the director. In case of a continuing cause of delay, only one (1) request will be necessary.
(c) No claims for damages or any claim other than for an extension of time as herein provided shall be made or asserted against the City by reason of delays hereinbefore mentioned.
(d) When by reason of any of the causes stated herein an extension of time has been allowed the contractor for the completion of his or her work, he or she shall not be entitled to a bonus for completion prior to the date so extended, anything in the contract documents to the contrary notwithstanding.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
(a) The City will not insure the work under construction, nor against claims for injury to person or property arising during the prosecution of such work.
(b) The contractor will be held responsible for all damage to the work under construction, whether from fire, water, high winds or other causes until final completion and acceptance, even though partial payments have been made under the contract. He or she will be held answerable for all damages that may occur to persons, property, animals or vehicles from want of proper shoring, bracing, lighting, watching, boarding or enclosing and for any accident arising from defective scaffolding or apparatus, or from any negligence on the part of himself or herself or his or her employees.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
The contractor shall be required to provide and install such construction plants and use such methods and appliances for the performance of all the operations connected with the work to be done under the contract as will secure the safety of the work and those working on it a satisfactory quality of the work and a rate of progress which will insure the completion of the work within the time specified. If at any time before the commencement or during the progress of the work, or any part of its, such methods and appliances appear to be unsafe, inefficient or inadequate for securing the safety of the workmen, the quality of the work or the rate of progress required, the City may order the contractor to increase safety measures or to improve their character, and the contractor shall comply with such orders. The failure of the City to make such a demand shall not release the contractor from his or her obligation to secure the safe conduct and the quality of the work, and the rate of progress required and the contractor alone shall be responsible for the safety, efficiency and adequacy of his or her plant, appliances and methods.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
The contractor shall be required to provide proper facilities, take all necessary precautions and assume the entire cost for protecting the work against adverse weather conditions and for handling all storm and flood water, sewage, seepage, ice or snow that may be encountered during the performance of the contract. The manner of providing for such contingencies and for carrying on the work in freezing weather shall meet with the approval of the City. The contractor shall be required to provide the necessary watchmen and sufficient warning lights and barricades at his or her own expense and to take such other precautions as are necessary to protect life and property.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)
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