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

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DocuSign Envelope ID: 958301 B1-7B8D-416B-82BA-4C4FCA5A4B47 The Awarding Authority may reject any bid. Where there is reason to believe there is collusion or combination among bidders, the bids of those concerned therein shall be rejected. Ohio R.C. 9.31, as it may be amended from time to time, or any successor statute, shall be applicable under this section with respect to the matter of the withdrawal of bids made in error. (d) The contract shall be between the City and the bidder who is awarded the contract. The contract may provide for liquidated damages for delays beyond a specified date. When, in the opinion of the Awarding Authority it becomes necessary, in the prosecution of any work or improvement under contract, to make alterations or modifications in the contract, such alterations or modifications shall only be made upon the order of the Awarding Authority and the approval of the Board of Control or the approval of the Board of Trustees of Lakewood Hospital when the Administrator of Lakewood Hospital is the Awarding Authority, but such order shall be of no effect until the price to be paid for the work and any additional work or material, or both, under the altered or modified contract, has been agreed upon in writing and signed by the Awarding Authority on behalf of the City and the contractor. No contractor may recover anything for work or material because of any such alteration or modification unless the contract is made in such manner, nor shall he be allowed to recover for such work or material, or either, more than the agreed price. Alterations and modifications to contracts may be made without advertising and competitive bidding. (e) The unit or lump sum price stated in the contract shall be used in determining the amount to be paid and shall constitute full and final compensation for all the work. Partial payment to the contractor for work performed under the lump sum price shall be based on a well-balanced schedule prepared by the contractor and approved by the Awarding Authority or his designee who shall apportion the lump sum price to the principal features entering into or forming a part of the work under the lump sum price. Partial payment to the contractor for labor performed under either a unit or lump sum price contract shall be made at the rate of ninety percent (90%) of the estimates prepared by the contractor and approved by the Awarding Authority, provided that all labor performed after the job is fifty percent (50%) completed, shall be paid for at the rate of one hundred percent (100%) of the estimates submitted by the contractor and approved by the Awarding Authority. (f) At the time named in the contract for payment to the person, firm, corporation, partnership or association with whom or with which it is made, the Awarding Authority or his designee shall make a full, accurate, and detailed estimate of the various kinds of labor performed and materials furnished under the contract, with the amount due for each kind of labor and material and the amount due in the aggregate. The estimate shall be based upon the actual measurement of such labor and materials, and shall give the amounts of preceding estimate and the amount of labor performed and materials furnished since the last estimate. From the date of completion or either acceptance or occupancy by the City, a sufficient amount shall be retained as additional security for ninety days for the faithful performance of the contract, after which time if the contract has been faithfully performed nothing shall be retained. (g) The estimates referred to in subsection (f) hereof shall be filed by the Awarding Authority and a certified copy thereof delivered to the Director of Finance. Unless otherwise provided in the contract or other documents incorporated into the contract, all material and equipment shall