18-2023 - Amend bidding and BOC ordinances to align with ORC

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DocuSign Envelope ID: 958301 B1-7B8D-416B-82BA-4C4FCA5A4B47 become the property of the City upon its installation or when it otherwise becomes a part of the building, construction, alteration, addition or other improvement, provided that the City reserves all of its rights and remedies ag-ainst the contractor or material provider under the contract and applicable law. All materials furnished and delivered after the job is fifty percent (50%) completed shall be paid for at the rate of ninety percent (90%) of the invoice value of the materials. The balance of such estimate shall be paid when the material is incorporated into and becomes a part of the building, construction, addition, improvement, alteration, or installation, unless the contractor does not prosecute the work with diligence and as specified or intended in the contract. When the rate of work and amounts involved are so large that it is deemed advisable by the Awarding Authority, estimates and payments shall be made twice each month. (h) The general laws of Ohio pertaining to the State's prevailing wage law shall be applicable under this section. (i) The provisions of Ohio R.C. 153.59, to the extent appropriate to application to the City, shall apply to persons, firms, corporations or other entities (the "contractor") who contract with the City and the subcontractors of such contractors. 0) The general laws of Ohio pertaining to the award of any contract for the construction, reconstruction, improvement, enlargement, alteration, repair, painting or decorating of a public improvement of the City shall, to the extent appropriate to application to the City, apply under this section; provided that: (1) The provisions of the City's Charter, Codified Ordinances, noncodified ordinances or resolutions, and administrative rules and actions taken pursuant thereto shall prevail over the general laws of Ohio. (2) Ohio R.C. Chapter 149 shall not be applicable to this section. (3) Council may determine that the provisions of the general laws of Ohio, currently Ohio R.C. 153.51 to 15 3.5 3, inclusive, requiring separate bids for each trade or kind of mechanical labor, employment or business and pertaining to performance bonds and specifications of sureties, shall not apply to the City and its contracts. is hereby repealed. Section 67. New Section 111.04 Bidding, of the Codified Ordinances of the City of Lakewood is hereby enacted to read as follows: 111.04 BIDDING. (a) Contracts awarded by the Director of Public Works pursuant to Section 111.01(a), and contracts awarded by the Mayor, the Director of Public Works, the Director of Finance, the Director of Law, the Director of Planning and Development, the Director of Human Services, the Director of Human Resources, or the Procurement Officer pursuant to Section 111.02(a), which