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.)