Each contract entered into pursuant to Section 171.06 shall be between the contractor and the construction manager and shall provide for the following:
(a) That in the hiring of employees for the performance of work under the contract or any subcontract, neither the contractor, any subcontractor nor any person acting on his behalf, shall, by reason of race, creed, sex, sexual orientation, gender identity or expression, disability or color, discriminate against any person in the employment of labor or any worker who is qualified and available to perform work to which the contract relates;
(b) That neither the contractor, subcontractor nor any person acting on his behalf, shall in any manner discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, sex, sexual orientation, gender identity or expression, disability or color;
(Ord. 81-2009. Passed 8-17-09.)
(c) That for each person discriminated against or intimidated in violation of subsections (a) or (b) hereof there shall be deducted from the amount payable to the contractor by the construction manager the sum of twenty-five dollars ($25.00), and all money deducted from the amount payable to the contractor by the construction manager under this subsection shall be used to pay costs of the project and, if not required for such purpose, the deducted amounts shall be paid into the City's bond retirement fund ninety (90) days after the completion of the project and its final acceptance by the City;
(d) That in the hiring of employees for the performance of work under the contract or any subcontract, the contractor, any subcontractor or any person acting on his behalf, shall comply with the prevailing wage laws as set forth in Ohio R.C. Chapter 4115;
(e) That the contractor shall accept payment for work performed based on a schedule prepared by the construction manager and that any payments made shall be made at a rate of:
(1) Ninety percent (90%) of the contract price for work completed with respect to the provision of materials, supplies, equipment or facilities provided; and
(2) Ninety percent (90%) of the contract price for labor performed until fifty percent (50%) of the amount to be paid for labor under the contract has been paid or retained and one hundred percent (100%) of the contract price for labor performed after fifty percent (50%) of the amount to be paid for labor under the contract has been paid or retained;
(f) That all amounts retained by the construction manager pursuant to subsection (e) hereof shall be for a period of ninety (90) days from the date of substantial completion of the contract;
(g) That at the end of ninety (90) days following the date of substantial completion of the contract, the retained percentages shall be released and paid to the contractor upon approval by the Mayor, less such amounts as shall be required for correction of all work found within such ninety (90) day period to be defective or not in accordance with the contract documents, provided that this provision shall not limit the liability of the construction manager or any contractor or subcontractor of the construction manager for damages or other remedies for defective work, materials or failure to perform pursuant to the contract documents;
(h) That the date and time the work contemplated by the contract shall be substantially completed and the amount and manner of the determination of any liquidated damages or other delay costs to be paid by the contractor or subcontractor to the City or the construction manager, which amounts shall be deducted from any payment due or to become due to the contractor or subcontractor in the event the contractor or subcontractor shall not substantially complete their work by such time or date. Where liquidated damages or other delay costs are to be paid by the contractor to the City, the amount and manner of their determination shall be consistent with the provisions of the City's contract with the construction manager, and, if such contract is silent, such provisions with respect to liquidated damages or other delay, costs to be paid to the City shall be approved by Council by ordinance or resolution.
(Ord. 77-1984. Passed 10-1-84; Ord. 153-2021. Passed 12-6-21.)