Pursuant to Revised Charter section 8.04, the following procedures shall apply to contracts that require competitive bidding.
(A) Procedures related to bidding.
(1) Time between notice and bid opening. There shall be no minimum time requirement between the publishing of the notice and the opening of the bids. The city shall notify prospective bidders of the bid opening date and time in the notice and shall adjust the same to meet the needs of the city by issuing addenda when necessary.
(2) Addenda do not extend bid opening. The city may issue such addenda to the bid documents as it feels necessary and such addenda may be issued up to and including the last business day before the bid opening without any extension of the bid opening date. Addenda issued the same day as the bid opening shall cause the bid opening date to be extended to the date and time set forth in such addenda.
(3) Estimate of cost. The city shall disclose the estimated cost of the project or purchase when it determines that doing so is in its best interest.
(4) Time for award of bids. In the notice required for the bid solicitation, the city shall establish the time limit 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 Submitted bids may not be withdrawn during this period.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.
(5) Withdrawal of bids. Bidders may withdraw bids pursuant to R.C. § 9.31; such a withdrawal shall not modify the city's right to award to the next lowest and best bidder.
(6) Bids in excess of estimate. The city may award contracts regardless of the value of the bid as compared to the value of the estimated cost.
(7) 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 and no contractor shall begin work in the absence of a notice to proceed. 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.
(8) 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.
(9) General contractor permitted. The city may advertise and award a single contract for constructing and managing an entire public improvement project.
(10) 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.
(11) Combined statement of material and labor. The city at its discretion may accept a combined statement of labor and materials from bidders.
(12) 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.
(13) No arbitration. The city shall not enter into a contract that requires arbitration as a dispute resolution procedure unless the choice to arbitrate solely belongs to the city.
(14) Return of bid guarantees. The city shall return bid guaranties to bidders to which it does not award a contract in a reasonably timely manner.
(Ord. 15-13, passed 2-25-13)