8944-17 Ratify Agreement with Local 1043, AFL-CIO & OH Council 8, AFSCME

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contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work for a period of not less than 3 years following completion of the Work consistent with Ohio Revised Code ( "ORC ") Section 149.43 with regard to the City's obligation to maintain confidentiality of trade secrets. 6.5 Indemnity. To the fullest extent permitted by law, the Subcontractor shall indemnify, defend, and hold harmless the City, the Criteria Engineer, the DB, their consultants, agents, officials, employees and representatives from all claims and expenses for bodily injury and property damage other than to the Subcontract Work itself that may arise from the performance of the Subcontract Work, including reasonable attorney fees, costs and expenses, but only to the extent caused by the negligent acts or omissions of the Subcontractor or a person or entity for whom the Subcontractor may be liable. This Subcontract does not require a Subcontractor to waive its immunity under the Workers Compensation laws of Ohio from claims brought against the Subcontractor by the Subcontractor's employees. 6.6 Prompt Pay. The DB shall at a minimum make payments to the Subcontractor in accordance with governing law and in accordance with the Design/Build Contract, including ORC Section 4113.61. Progress payments to the Subcontractor for satisfactory performance of Subcontract Work shall be made no later than ten (10) days after receipt by the DB of payment from the City for Subcontract Work associated with the work of the Subcontractor paid in respect to applicable DB payment applications paid by the City. 6.7 Retainage. Subcontractor retainage shall be at a rate equal to the percentage retained from the DB's payment by the City for the Subcontract Work, unless a lesser percentage is otherwise specified. In accordance with the Design/Build Contract, the City shall withhold payment of 10% of the entire approved periodic billings associated with each payment application tendered by the DB until such time as fifty percent (50 %) of the Contract Sum under the Design/Build Contract has been invoiced by the DB and, in turn, the DB shall withhold a similar amount under the same terms and conditions imposed under the Design/Build Contract. Thereafter, in respect to all remaining payment applications approved by the City, no further retaining shall be withheld by the DB. When there exists no other reason to withhold retainage from the DB in accordance with the Contract Documents and the DB receives a certificate of Final Completion as to the overall Project and such other documents as required by the City in accordance with the Contract Documents, the retainage held by the City and as paid to the DB shall be paid to the Subcontractor. 6.8 Warranty. The Subcontractor fully warrants, for the benefit of the City, that all materials and equipment shall be new unless otherwise specified, of good quality and free from defective workmanship or materials in accordance with the Contract Documents. The Subcontractor warrants the Subcontract work for a warranty period of two (2) years from date of final completion. 6.9 Waiver of Lien and Claim Rights. For valuable consideration the Subcontractor waives any rights to file a mechanic's lien or pursue any claim, in law or in equity, as may be asserted against the City or the City and /or occupants of the individual properties as to which the Subcontractor shall perform its work. 331Page