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

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DocuSign Envelope ID: 958301 B1-7B8D-416B-82BA-4C4FCA5A4B47 (9) Contracts for such purposes which may be awarded without competitive bidding under principles of the common law or case law of the State; and (10) Contracts under other circumstances, where the Council determines that it is either impractical to award the contract under competitive bidding procedures, or cost-effective and in the best interests of the City to award the contract without competitive bidding, and, in such cases, Council has approved a form of the Contract to be awarded without competitive bidding. (b) As used in this section, "Awarding Authority" means: (1) In the case of contracts awarded pursuant to Section 111.01, the Director of Public Works; (2) In the case of contracts awarded pursuant to Section 111.02, 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 Resources, the Director of Health and Human Services or the Procurement Officer, as determined by the Board of Control. (c) Bids shall be opened by the Awarding Authority or omits designee at the time, date and place as announced in the notice to bidders, the newspaper advertising or the specifications. The time, place, and date of bid openings may be extended to a later date by the Awarding Authority provided that written or oral notice of the change shall be given to all persons who have received or requested specifications no later than ninety-six hours prior to the original time and date fixed for the opening. The Awarding Authority or bits designee shall publicly read each bid. Each bid shall contain the full name of each person interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank that if the bid is accepted a contract will be entered into and its performance properly secured unless the bid is for a contract for the construction, demolition, alteration, repair or reconstruction of a public improvement, in which case it shall meet the requirements of Ohio R. C. 153.54. If the work bid embraces both labor and material, such items shall be separately stated with the price thereof. 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 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