§ 37.025 DEDUCTIONS.
   The contractor shall consent and agree that, in the event that it fails to comply with each of the minimum commitments submitted with the bid submittal on Lines 2, 4, 6, 8, 10, and 12 of the award criteria formula, covering minority and female journeyworkers, apprentices, and laborers respectively, for any net deficiency in each category, the following amounts shall be deducted as liquidated damages from monies due the contractor and the contract sum modified accordingly:
   (A)   (1)   For each full 1% deficiency of minority journeyworkers not utilized (Line 2) $0.04 per each $100 of the base bid and/or adjusted contract amount whichever is less, calculated as follows, or in an amount as set by the city from time to time:
      (2)   Each full 1% deficiency toward the goal for female journeyworkers (Line 8) shall be calculated in the same way.
   (B)   (1)   For each full 1% deficiency of minority apprentices not utilized (Line 4) $0.03 per $100 of the base bid and/or adjusted contract amount whichever is less, calculated as follows, or in an amount as set by the city from time to time:
 
Line 1 x 0.03
100
 
      (2)   Each full 1% deficiency toward the goal for each female apprentice (Line 10) shall be calculated in the same way.
   (C)   (1)   For each full 1% deficiency of minority laborers not utilized (Line 6) $0.01 per each $100 of the base bid and/or adjusted contract amount whichever is less, calculated as follows, or in an amount as set by the city from time to time:
 
Line 1 x 0.01
100
 
      (2)   Each full 1% deficiency toward the goal for female laborers (Line 12) shall be calculated in the same way.
   (D)   Liquidated damages, if any, will be calculated on completion of the work and submission of the contractor’s final pay request together with all attendant certified payrolls and other required documentation of minority and women employment.
(Prior Code, § 39.25) (Ord. 0-04-0004, passed 2-20-2004; Ord. 0-05-0019, passed 6-13-2005)