(a) Proper Authorization. No contract, or an amendment or a change order to a contract, shall be enforceable against the City unless it has been duly authorized, as provided for herein, and executed in the name of the City by the City Manager and bears the signature of the Finance Director of the City, to the extent required by the Ohio Revised Code, certifying the availability and appropriation of funds for the contract or any amendment or change order to the contract.
(b) Authorization to Investigate Costs. The City Manager shall have the authority to investigate costs relative to any proposed public improvement or any proposed purchase or lease of equipment, supplies, services or materials.
(c) Authorization for Design and/or Specifications. In the event the investigation or a good faith estimate by the City Manager indicates that the cost of a proposed project, purchase, lease or provision of services will exceed the amount specified in section 9.17 of the Ohio Revised Code (ORC) (starting at $75,000 on October 3, 2023 through December 31, 2024 thereafter subject to any increases specified by section 9.17 ORC), the approval of Council by a motion and majority vote is necessary to authorize the expenditure of funds for the design and/or specifications thereof.
(d) Public Bidding. Except as provided in subsection (e), any contract which: (I) provides for an expenditure in excess of the amount specified in section 9.17 ORC (starting at $75,000 on October 3, 2023 through December 31, 2024 thereafter subject to any increases specified by section 9.17 ORC); and, (ii) is for the construction of a public improvement or the purchase or lease of equipment, supplies or materials, or the provision of a service to the City, shall be authorized only upon a motion, adopted by a majority vote of the members of Council, to award the contract to the lowest and best bidder after advertising for a time and in a manner that the City determines shall be effective in notifying a sufficient number of bidders as determined by the City in its discretion. By way of example, and not as a limitation, the advertisement may be in a newspaper of general circulation in the City, or publication on the City's website, or both.
(e) Exceptions to Public Bidding. Contracts whose costs are estimated to exceed the amount specified in section 9.17 ORC (starting at $75,000 on October 3, 2023 through December 31, 202 thereafter subject to any increases specified by section 9.17 ORC) and that meet the following conditions are not subject to competitive bidding and may be approved by Council, in its discretion, by motion and a majority vote of its members:
(1) Personal or professional services. Except as provided in Section 104.02 contracts that involve personal services requiring unique and special skills, as determined by Council in its discretion, or professional services;
(2) Coop programs. Contracts authorized pursuant to the Ohio Department of Administrative Services Cooperative Purchasing Program, or any other similar program ("cooperative program"), or goods, materials or equipment which are available under a cooperative program but are available to the City upon equivalent or better conditions and specification, but at a lower price than is available, under a cooperative program;
(3) Design build. The proposed purchase is a Design-Build Construction project let under the procedures established by Council;
(4) Construction-manager-at-risk. The proposed purchase is a Construction- Manager-at-Risk project let under the procedures established by Council.
(5) Single source. The proposed purchase is for something that, as determined at the sole-discretion of the Council, is only available from a single source;
(6) No bids/rejected bids. If no bids are received after the advertisements or other solicitations required by this Ordinance, or if all bids are rejected, the City Manager shall either seek new, competitive bids, or seek to obtain the goods and/or services for which funds have been appropriated without a re- bidding, which is deemed to be in the best interest of the City;
(7) Used equipment. The proposed purchase is for used equipment;
(8) Utility. The proposed purchase is for utilities such as gas, water, electricity, or telephone service for which funds have been appropriated; notwithstanding other provisions of this section, Council shall authorize such purchases pursuant to an ordinance.
(9) Intergovernmental purchases. The proposed purchase is from or with another political subdivision, the Ohio State Government, or the United States Government;
(10) Reverse auction. The proposed purchase is obtained through Reverse Auction;
(11) Best interest waiver. Council may, at its sole discretion, waive the public bidding requirement if it determines that doing so is in the best interest of the City.
(f) City Manager's Discretionary Spending Authority. The City Manager may expend up to fifteen thousand dollars ($15,000), in accordance with the City's current appropriations, for any public improvement, or the purchase or lease of equipment, materials and supplies, or to obtain professional or personal services or for any other lawful purpose. The City Manager shall notify Council of such expenditure at the next meeting of Council.
(g) City Manager's Conditional Spending Authority. The City Manager may make an expenditure which is between fifteen thousand dollars ($15,000) and the amount specified in section 9.17 ORC (starting at $75,000 on October 3, 2023 through December 31, 202 thereafter subject to any increases specified by section 9.17 ORC) upon the prior approval of four members of Council, which approval may be made in writing or by a motion and vote at any regular or special meeting of Council. Authorization provided by Council in writing shall only be effective if all members of Council are sent a written explanation of the amount and purpose of the proposed expenditure, and the reason for the necessity of action prior to the next meeting of Council. Further, all written authorizations for such expenditures shall be announced at the next regular or special meeting of Council by the City Manager, and such announcement shall include a report of how the members of Council were notified in writing and the reason why immediate action was necessary.
(h) Real Estate. The City Manager may purchase, sell or lease real property valued below twenty-five thousand dollars ($25,000), provided that a current appropriation supports any such purchase or lease of real estate and provided that Council is notified of such purchase, sale or lease at the time of the next Council meeting (including any work session). The Council may, by ordinance, provide for the purchase, sale or lease of real property, valued at or in excess of twenty-five thousand dollars ($25,000), with or without public bidding, on such terms and for such value as Council, in the exercise of its discretion, may deem reasonable and in the best interest of the City.
(i) Time Between Notice of Public Bidding and Bid Opening. There shall be no minimum time requirements between the publishing of the notice of public bidding and the opening of the bids.
(j) Estimate of Cost. The City shall disclose the estimated cost of the project when it determines that doing so is in its best interest.
(k) Time for Award of Bids. In the notice of public bidding required for the bid solicitation, the City shall establish the time limit after bid submission for awarding a contract. Submitted bids may not be withdrawn during this period. The City's failure to award and execute the contract within this period invalidates the entire bid proceedings and all bids submitted, unless the time for awarding and executing the contract is extended by mutual consent of the City and the bidder whose bid the City accepts and with respect to whom the City subsequently awards and executes a contract. Such an agreed extension shall not entitle the contractor to delay costs.
(l) Withdrawal of Bids. Bidders may withdraw bids pursuant to Section 9.31 of the Ohio Revised Code; such a withdrawal shall not modify the City's right to award to the next lowest and best bidder.
(m) Bids in Excess of Estimate. The City may award contracts regardless of the amount of the bid as compared to the estimated cost.
(n) Notice to Proceed. The contractor is not entitled to a notice to proceed with the work by the City or its representative upon execution of the contract. The City shall either issue the notice to proceed at a time that it determines is in its best interest, or it shall terminate the contract for its convenience.
(o) Retainage. Retainage shall be withheld from payments to the contractor at the rate set forth in the Owner/Contractor agreement. Retainage shall not be held in an escrow account. Retainage shall be released at such times and in such amounts as the City determines to be equitable.
(p) General Contractor Permitted. The City may advertise and award a single contract for constructing and managing an entire public improvement project.
(q) Extension of Bid Opening. The City may issue an addendum or addenda modifying the plans and specifications for the project or the time for the bid opening at any time prior to the bid opening. If an addendum is issued within forty-eight hours before the bid opening, the bid opening shall be extended by at least three days.
(r) Combined Statement of Material and Labor. The City at its discretion may accept a combined statement of labor and materials from bidders.
(s) Bonus and Liquidated Damages for Time. The City may offer a bonus for completion of a contract prior to a specified date or may exact liquidated damages for each day of delay beyond a specified date, or both. The amounts of the bonus and liquidated damages may be different. (Ord. 9590-18. Passed 4-16-18.)
(Ord. 084-23. Passed 11-6-23.)