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(a) All portions of any permanent improvement performed pursuant to Section 171.02(d), that the construction manager does not perform with its own forces, shall be performed under separate contracts by and between the construction manager and contractors for each separate and distinct trade or kind of mechanical labor, employment or business involved in the permanent improvement. Each contract which exceeds twenty-five thousand dollars ($25,000) shall be awarded by the construction manager to the lowest and best bidder after the contractor has developed trade contractor interest, provided there has been an opportunity for open and fair competition, including:
(1) Reasonable advertisement or notice, by newspaper publication or publication in trade journals or other notice, of the expectation that such contracts will be awarded by the construction manager, and
(2) The provision of an adequate description, through notices to bidders, specifications or other written documents, of the work and labor to be performed, and the materials, supplies, equipment and facilities to be provided to those persons, firms or corporations requesting in writing such description from the construction manager.
(b) Each contract to be awarded by the construction manager which exceeds the amount of one hundred thousand dollars ($100,000) shall be approved by Council, by ordinance or resolution, and each contract to be awarded by the construction manager which exceeds twenty- five thousand dollars ($25,000) but does not exceed one hundred thousand dollars ($100,000) shall be approved in a writing signed by the Mayor or an administrative official or employee of the City designated as authorized to approve such contract by the Mayor.
(Ord. 4-2004. Passed 1-5-04; Ord. 153-2021. Passed 12-6-21.)
The construction manager may require each person bidding for a contract with the construction manager pursuant to Section 171.06 to file with his bid a guaranty in the form of either a bond, a certified check, cashier's check or letter of credit provided by a bank licensed to do business in Ohio and in a form approved by the construction manager and revocable only at the option of the construction manager, equal to an amount not to exceed ten percent (10%) of the amount bid. Such bid guaranty, if required by the construction manager, shall be conditioned to provide that if the bid is accepted, the bidder will, after the selection and approval for the award of the contract, enter into a proper contract in accordance with the bid and any plans, details, specifications and bills of material. (Ord. 77-1984. Passed 10-1-84.)
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.)
Each contract entered into between the City and a construction manager, who may be a general contractor, pursuant to Section 171.02(d), shall require:
(a) That in hiring employees and the selection of contractors with respect to the contract, and in the performance of its contract, the construction manager or any person acting on his behalf shall not:
(1) 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 workers who are qualified and available to perform work to which the contract relates; and
(2) Discriminate against or intimidate any employee hired for the performance of work under the contract on account of race, creed, sex, sexual orientation, gender identity or expression, disability or color.
(Ord. 81-2009. Passed 8-17-09.)
For each person discriminated against or intimidated in violation of subsections (a)(1) and (a)(2) hereof, there shall be deducted from the amount payable to the construction manager by the City the sum of twenty-five dollars ($25.00), and all money deducted from the amount payable to 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.
(b) That in hiring employees and awarding contracts to contractors or subcontractors, the construction manager, or any person acting on his behalf, shall comply with the prevailing wage laws as set forth in Ohio R.C. Chapter 4115.
(c) That the contract between the construction manager and the City be accompanied by a performance bond in a form and manner and by a surety as shall be determined by the contract between the City and the construction manager, or, if not provided for in such contract, as determined by the Mayor with the approval of the Director of Law, for the amount of the contract price applicable to the provision or supply of labor, work, materials, supplies, equipment and facilities to indemnify the City against all damage suffered by the construction manager's or its contractor's or subcontractor's failure to perform the contract according to its provisions and in accordance with plans, details, specifications and bills of material and to pay all lawful claims of contractors and subcontractors, materialmen and laborers for labor performed or furnished in carrying forward, performing or completing the contract; and agreeing and asserting that the undertaking shall be for the benefit of any contractor or subcontractor, materialman or laborer having a just claim, as well as for the City. The construction manager may require such performance bonds, guarantees and indemnifications of its contractors and subcontractors as it shall determine, but any such bond, guaranty or indemnity shall also be for the benefit of the City. If permitted by the contract with the City, the performance bond of a contractor or subcontractor of the construction manager may be utilized in lieu of a portion of the principal amount of the performance bond the construction manager must provide to the City, but such substitute bond of a contractor or subcontractor of the construction manager must be specifically approved in writing by the Mayor and Director of Law.
(d) That the construction manager shall fully comply with Section 171.06 through 171.09, and other applicable provisions of the City's Codified Ordinances and other ordinances and resolutions of the City, and any State or Federal laws which shall be finally determined to be applicable to the contract or the work or labor undertaken under the contract.
(Ord. 77-1984. Passed 10-1-84; Ord. 153-2021. Passed 12-6-21.)
The Mayor is hereby authorized to complete any and all necessary applications and forms, and take all other actions as required by the Ohio Department of Transportation for acceptance into and participation in the Cooperative Purchasing Program ODOT administers pursuant to Ohio R.C. 5513.01 for the purchase of machinery, materials, supplies or other articles, and to participate in such program to the extent it would be in the City's best interests as determined by the Mayor. All contracts and agreements entered into pursuant to this section shall be in forms approved by the Director of Law.
(Ord. 109-1991. Passed 10-7-91; Ord. 153-2021. Passed 12-6-21.)
(a) The Mayor is hereby authorized to complete any and all necessary application, and other forms, and to pay all necessary fees, as required by the State of Ohio, Department of Administrative Services for acceptance into and participation in the program it administers pursuant to Ohio's Cooperative Purchasing Act, as set forth in Ohio R.C. 125.04, and to participate in such program to the extent that it would be in the City's best interest as determined by the Mayor and in accordance with law as determined by the Director of Law.
(b) The Mayor is further authorized to agree in the name of the City of Cleveland Heights to pay each vendor directly, under each State contract in which it participates, for items it receives pursuant to such contracts, and to file all reports and take all other actions which are required for the City's continued participation in the program.
(c) The Mayor is directed to file a certified copy of this section with the Administrator, Office of State Purchasing.
(Res. 115-1988. Passed 12-5-88; Ord. 153-2021. Passed 12-6-21.)
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