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.)

168.12 OPENING AND CONSIDERATION OF BIDS; REJECTION OF BIDS.

   Proposals will be received until the hour and date set for the opening thereof and must be in the hands of the Clerk of Council who will open the same prior to that time. After the proposals are opened and read, the totals will be compared and the results of such comparison will be made public. Until the award of a contract, the City reserves the right to reject any or all proposals, or any part of any proposal, and to waive any technical errors or informalities in the bidding as such waiver may be deemed to be in the best interests of the City.

(Ord. 1998-22. Passed 1-1-98.)

168.13 AWARD OF CONTRACT.

   The award of the contract, if it is awarded, will be to the lowest and best bidder whose proposal complies with all the requirements prescribed. The City reserves the right to consider all elements entering into the question of determining the qualifications and responsibility of any bidder. The City may accept a proposal and award a contract which is greater or less in any amount than the Public Works Director's or City Engineer's estimate pursuant to Section 168.03. Where bids are taken in the form of separate proposals in portions of one project, the work will ordinarily be awarded to the contractor, otherwise qualified, whose combined bid is the lowest. However, the City reserves the right to award separate proposals for separate portions of the work, or to award a single contract for the entire project. No bidder bidding on all such proposals shall be required to enter into a contract covering less than the entire project without his or her consent.

   The award, if made, will be made within sixty days after opening the proposals, unless the time for awarding and executing the contract is extended by mutual consent of the City and the bidder whose proposal the City accepts. No increase shall be made in the contract price for any damages, costs or expenses incurred by the bidder as a result of such extension unless such increase is specifically approved in writing by the City as a change order to the contract. In no case will a contract award be made until the certification of funds by the Finance Director and all necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract.

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

168.14 PERFORMANCE BOND.

   Within five days after receiving notice of an award and before entering into a contract the successful bidder will be required to furnish a performance bond to the City in the full amount of the contract, which binds the surety whether or not it receives notice of the award of the contract, the condition of which bond shall be the full and complete execution and performance of all of the terms contained in the contract documents.

   The bond shall be subject to the approval of the City as to sufficiency and form, and the company issuing the performance bond and the sureties thereof must 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.

Such bond shall not be released until all provisions of the contract have been fulfilled.

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

168.15 EXECUTION OF CONTRACT; FAILURE TO EXECUTE CONTRACT.

   The contract shall be properly executed by the successful bidder and returned, together with the performance bond. If the contract is awarded to an out-of-State corporation, a certificate must be issued by the Secretary of State that such corporation is authorized to do business in Ohio. The contract, the performance bond and, in the case of out-of-State corporations, the certificate, must be returned to the City within ten days after the bidder has received notice that the contract has been awarded. No award shall be considered binding upon the City until the execution of the contract. A contract shall be deemed executed when it is signed by the bidder, and on behalf of the City, by the Mayor, when it is certified by the Finance Director as required by law, when it is secured by the required performance bond and when it is approved as to legal form by the Law Director. The successful bidder, upon his or her request, shall be entitled to a notice to proceed as soon as the contract is executed and shall be ready to proceed as soon as instructed to do so by the City.

   Failure to execute a contract and file an acceptable performance bond and affidavit within the time and as provided in this chapter shall be cause for annulment of the award and the forfeiture of the proposal guaranty to the City, not as a penalty but as liquidated damages. The contract may then be awarded to the next lowest bidder or the work may be re-advertised, at the discretion of the City.

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

168.16 CONTRACT CONDITIONS.

   Every contract shall contain the conditions set forth in this chapter, all provisions required by the City Charter to be set forth therein and such other provisions, terms and conditions as the Law Director and the City Engineer deem necessary or appropriate.

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

168.17 PUBLIC LIABILITY, PROPERTY DAMAGE AND AUTOMOBILE INSURANCE.

   (a)    The contractor shall at his or her expense, take our and maintain, during the life of the contract, public liability and property damage insurance, in the amounts specified in the contract documents, as will protect himself or herself, the City and any subcontractor performing work covered by the contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages which may arise from operations under the contract, whether such operation is by himself or herself or by any subcontractor or by anyone directly or indirectly employed by either of them. An exact copy of such policy shall be deposited with the City before the commencement of any work under the contract.

   (b)    The following special hazards shall be covered during the life of the contract by riders to the policy required herein, or by separate insurance policies, in the amounts specified in the contract documents:

      (1)    Public liability insurance to cover vehicles used in the performance of the contract;

      (2)    Property damage liability insurance to cover vehicles used in the performance of the contract; and

      (3)    Public liability and property damage insurance to cover the use of explosives used in the performance of the contract.

   (c)    All insurance policies shall name the City as an additional insured and provide that

ten days prior to cancellation or reduction of the insurance afforded by the policy written notice

will be mailed to the City.

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

168.18 WORKERS' COMPENSATION INSURANCE.

   The contractor shall, at his or her sole expense, take out and maintain, during the life of the contract, workers' compensation insurance for all of his or her employees employed at the site of the project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide workers' compensation insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the contractor.

   Such insurance shall be evidenced by a certificate from the Industrial Commission of Ohio that the contractor has complied with each and every condition of the Act of February 26, 1913, as amended and supplemented, known as the Workers' Compensation Law. The contractor shall save the City harmless from any and all liability arising from or under the Workers' Compensation Law.

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

168.19 SOCIAL SECURITY.

   The contractor shall be and remain an independent contractor with respect to all services performed under the contract and shall agree to accept full and exclusive liability for the payment of any and all contributions or taxes for social security, Medicare, unemployment insurance or old age retirement benefits; pensions or annuities, now or hereafter imposed under any State of Federal law, which are measured by the wages, salaries or other remuneration paid to persons employed by the contractor on work performed under the terms of the contract. The contractor shall indemnify and save harmless the City from any such contributions, taxes or liability therefor.

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

168.20 PREVAILING RATE OF WAGES.

   (a)   For any contract described in subsection (b) hereof, each laborer, workman or mechanic employed by the contractor for the work specified, by a subcontractor or by other persons upon such work, shall be paid at the minimum prevailing wage as determined by the State Department of Industrial Relations, Division of Building and Factory Inspection, or such high or lower rate as may be specified in the contract documents.

   (b)   Unless Council provides otherwise by ordinance, contracts to which subsection (a) hereof shall apply shall be any contract, the total project cost of which shall be fairly estimated to be the amount as determined pursuant to Ohio R.C. 4115.03(B)(1) or (B)(2), as adjusted biannually pursuant to Ohio R.C. 4115.034.

(Ord. 2003-59.  Passed 4-7-03.)

168.21 LABOR AND MATERIAL SUPPLIERS.

   The contractor shall promptly pay or satisfy the just and equitable claims of all persons who have performed labor or furnished material for the contractor in the execution of the contract, including those who have previously filed attested accounts of such claims with the City, and all bills, costs or claims of whatever kind which the same is to be paid or a charge against the City. The contractor shall defend, indemnify and hold the City harmless from any cost, claim, liability or expense arising from any claim against the City or against any fund of the City.

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

168.22 OTHER LAWS, PERMITS AND REGULATIONS.

   The contractor shall be required to comply with all other applicable Federal, State and local laws and regulations and shall be responsible for securing, at his or her own expense, any and all licenses, permits and certificates of inspection required by law or by the contract demands.

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

168.23 ASSIGNMENT OF CONTRACTS.

   The contractor shall not assign, transfer, convey or otherwise dispose of the contract, or his or her right or obligation to execute it, or his or her right, title or interest in it or to it or any part thereof, or assign, by power of attorney or otherwise, any of the moneys due or to become due under the contract, without the consent of the City. The giving of any such consent to a particular assignment shall not dispense with the necessity of such consent to any further or other assignments.

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