109.02 USE OF STEEL PRODUCTS IN IMPROVEMENT PROJECTS.
   (a)   Whenever any building or structure, including highway improvements, in whole or in part supported by City of Lorain funding, is to be erected or constructed, or whenever additions, alterations or structural or other improvements are to be made, or heating or cooling, or ventilating plants or other equipment is to be installed or material supplied therefor, if any steel products are to be used or supplied in the construction, repair or improvement project, only steel products as defined in Section 153.011(2)(a) of the Ohio Revised Code shall be used or supplied in the project.
   (b)   The Safety/Service Director may waive the restrictions herein imposed, under the same conditions and circumstances permitted under Section 5525.21 of the Ohio Revised Code.
   (c)   The following will apply to all City projects described in subsection (a) hereof:
      (1)   Specifications and/or contracts shall incorporate the limitations regarding steel product use contained in subsection (a) hereof;
      (2)   All contracts shall include a provision imposing a 150% liquidated damages penalty upon any contractor which, after the exercise of due diligence to ascertain the origin of steel products used in the project, knowingly violates the terms of the agreement regarding the use of steel products;
      (3)   All contractors shall be required to submit a mill test certificate/report documenting mill of origin for steel products used in the project.
   (d)   Any recipient of funding from or acquired by the City of Lorain, including but not limited to political subdivisions and non-profit organizations, shall abide by the terms and conditions of this section with respect to the use of steel products in any project using funds from or acquired by the City of Lorain.
   (e)   A penalty provision will be incorporated into all Lorain City agreements with any recipient of funding from the City of Lorain requiring a 150% reimbursement to the City of Lorain from any recipient in violation of the terms and conditions set forth in this section with respect to projects and contracts using funds of or acquired by the City of Lorain.
(Ord. 65-01. Passed 5-21-01.)