168.02 DEFINITIONS.

   As used in this chapter, the following words, and the expressions or pronouns used in their place, shall have the following meanings, unless a different meaning is clear from the context:

   (a)    "Addendum" or "addenda" means any additional contract requirements prepared by the City Engineer and issued in writing prior to the receipt of proposals.

   (b)    "Bidder" means any person submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

   (c)    "City" means the City of Beachwood, Ohio.

   (d)    "City Engineer" or "Engineer" means the duly appointed City Engineer for the City and/or his or her authorized representative assigned to administer the contract.

   (e)    "Contract documents" means each of the various parts of the public  improvement contract, both as a whole and severally, including the provisions of this chapter, the ordinance authorizing the making of the public improvement, the  invitation for proposals, general and special conditions, plans, drawings and  specification, any addenda, the noncollusion affidavit, the proposal, the resolution of Council awarding the contract, the contract agreement, all required  bonds and insurance policies and all provisions required by law, the City Charter or ordinance to be inserted in the contract, whether actually inserted or not.

   (f)    "Contractor" means the person, and his, her or its agents, successors, personal  representatives, executors, administrators and assigns, awarded a contract  pursuant to the provisions of this chapter.

   (g)    "Days" means calendar days, unless otherwise specified.

   (h)    "Department" means the City Public Works Department.

   (i)    "Director" means the City Public Works Director.

   (j)    "Final acceptance" means final acceptance of the contract work by the City  Engineer or Public Works Director, as evidenced by his or her signature upon his or her  certificate of completion and acceptance.

   (k)    "Finance Director" means the City Finance Director.

      (Ord.  1996-119.  Passed 6-17-96.)

   (l)    "Inspector" means the authorized representative of the Public Works Director, Staff Engineer and/or the  City Engineer assigned to make a detailed inspection of any or all portions of the  contract work or materials thereof.

      (Ord.  2001-65.  Passed 4-16-01.)

   (m)    "Law Director" means the City Law Director or Assistant Law Director.

   (n)    "Maintenance bond" means the bond required to secure the guaranty of the work.

   (o)    "Performance bond" means the approved form of security furnished by the  contractor and his or her surety as a guaranty that he or she will complete the  work in accordance with the terms of the contract.

   (p)    "Proposal" means the offer of the bidder for the contract work when made out and  submitted in the prescribed proposal form, properly signed and guaranteed.

   (q)    "Proposal form" means the offer of the bidder for the contract work when made  out and submitted on the prescribed proposal form, properly signed and  guaranteed.

   (r)    "Proposal guaranty" means the security designated in the proposal submitted by  the bidder as a guaranty that the bidder will enter into a contract with the City for  the construction of the work if the contract is awarded to him or her.

   (s)    "Subcontractor" means anyone, other than the contractor and his or her  employees, who performs work, other than or in addition to the furnishing of the  materials, plant or equipment, at or about the construction site, directly or  indirectly for or on behalf of the contractor, and whether or not in privity of  contract with the contractor, but does not include any person who furnishes  merely his or her own personal labor or his or her own personal services.

   (t)    "Surety" means the corporate body or individual who or which is bound with and  for the contractor for the acceptable performance of the contract and for the  completion of the work.

      (Ord. 1996-119. Passed 6-17-96.)

168.03 ESTIMATES, PLANS AND SPECIFICATIONS; FORM OF BID AND CONTRACT DOCUMENTS.

   Prior to an advertisement for bids for a public improvement, the City Engineer or Public Works Director shall prepare an estimate of the cost of the work, plan and specifications, and, with the approval of the Law Director, a proposal form, instruction to bidders, advertisement and invitation for proposals and all other necessary bond and contract documents. The cost estimate shall not be made public until after all proposals are opened.

(Ord. 1996-119. Passed 6-17-96.)

168.04 ADVERTISEMENT FOR BIDS.

   Whenever a public improvement is required to be advertised for proposals pursuant to Section 121.09 of the Codified Ordinances, such advertisement shall specify the place where proposals will be received, the last date and time for filing proposals and the date and time that proposals received shall be opened and read. If the City Engineer or Public Works Director issues any addenda prior to the time specified for the opening of proposals, the time specified for opening proposals shall be extended, if necessary to assure that there are at least two business days between the date such addenda are issued and the date proposals are opened.

(Ord. 1996-119. Passed 6-17-96.)

168.05 FORM OF PROPOSAL.

   All proposals for public improvement contracts shall be made upon the blank proposal form specified pursuant to Section 168.03 and shall meet all requirements set forth in the instructions to bidders.

   Proposals may be rejected by the City, at its discretion, if they show any alteration of forms, additions not called for, uncalled for, conditional or alternate bids, incomplete bids, omissions, uninitialled erasures, incomplete or incorrect extensions of unit bid prices or any other variance from the instructions to bidders or irregularities of any other kind. The City reserves the right to waive any such informalities.

(Ord. 1996-119. Passed 6-17-96.)

168.06 BIDDER'S NONCOLLUSION AFFIDAVIT.

   Each bidder shall be required to submit with his or her proposal an affidavit stating that neither he or she nor his or her agents, nor any party for him or her has paid to or agreed to pay, directly or indirectly, any person any money or other valuable consideration for assistance in procuring or attempting to procure the contract bid upon, and further agreeing that no such money or other consideration will be paid after the opening of the proposals. Such noncollusion affidavit shall be on the form provided with the instructions to bidders.

(Ord. 1996-119. Passed 6-17-96.)

168.07 PROPOSAL GUARANTY.

   Each proposal shall be accompanied by a certified check on a solvent bank in the County, made payable only to the City, with no restrictions thereon, in an amount not less than ten percent of the total amount of the proposal, or, in lieu of such a check, a bid bond, in favor of the City, in an amount not less than ten percent of the total amount of the proposal. All sureties issuing bid bonds shall be duly authorized and qualified to do business in the State and must, upon request of the Law Director, furnish a certificate of authority and compliance from the office of the State Superintendent of Insurance. The certified check or bid bond shall be furnished as surety that, if the proposal is accepted, a contract will be entered into and the performance of such contract properly secured within ten days from the date of notice to the bidder of the award of the contract.

(Ord. 1996-119. Passed 6-17-96.)

168.08 DISPOSITION OF PROPOSAL GUARANTY; AWARD TO NEXT LOWEST BIDDER.

   The bid bond shall be forfeited and the principal amount of the bid bond shall be paid to the City, or the certified check shall be surrendered and forfeited to the City, as the agreed amount of liquidated damages, in case of failure to enter into a contract for the work bid upon. In such case, the contract may, at the discretion of the City, be re-advertised or awarded to the next lowest bidder.

   The bid bonds or certified checks of all unsuccessful bidders shall be returned within thirty days of the award and execution of a contract, or the rejection of all bids, whichever is later. The bid bond or certified check of the successful bidder shall be returned after such bidder has executed a contract and the performance bond required pursuant to Section 168.14 has been furnished to and accepted by the City.

(Ord. 1996-119. Passed 6-17-96.)

168.09 UNACCEPTABLE PROPOSALS.

   No proposal will be considered unless the bidder furnishes evidence satisfactory to the City that he or she has the necessary facilities, ability and pecuniary resources to fulfill the conditions of the contract.

   No contract will be awarded to any person who is in arrears to the City upon any debt or

contract, or who is in default, as surety or otherwise, upon any obligation to the City.

(Ord. 1996-119. Passed 6-17-96.)

168.10 EXAMINATION OF SITE OF WORK, QUANTITIES, SCOPE OF WORK.

   The bidder is required to examine carefully the site of the work, the proposal form, the

plans and specifications and all contract documents for the work contemplated. The bidder in submitting a proposal, warrants that he or she has investigated and is acquainted with the conditions to be encountered for performing the work, including the character, quality and quantities of work to be performed and materials to be furnished, the prevailing hourly wage rates

for the area as prescribed by law and all requirements of the contract documents. Submission of a proposal shall be considered prima-facie evidence that the bidder has made such examination and

is satisfied as to all conditions which will affect the work.

(Ord. 1996-119. Passed 6-17-96.)

168.11 WITHDRAWAL OF BIDS.

   A bidder may withdraw his or her proposal provided his or her written request for such withdrawal is delivered to the Clerk of Council twenty-four hours prior to the time set for the opening of the proposals. When such proposal is reached during the bid opening period, it will be returned to the bidder unopened. No proposal shall be returned to a bidder, and no bidder shall be permitted to withdraw his or her proposal, under any circumstances except as provided herein.

   After a bidder has requested withdrawal of a proposal in writing, in the manner stated above, he or she may submit a new proposal, provided it is properly identified as such and provided, further, that it is in the hands of the official who will open the proposals prior to the time and date set for such opening.

   The City expressly reserves the right to increase or diminish the quantities of work and/or omit altogether any items shown on the proposal form, as the Public Works Director and/or City Engineer may deem advisable and/or necessary.

(Ord. 1996-119. Passed 6-17-96.)