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Subject to the power of Council to amend or repeal, the procedure for making public improvements and levying assessments therefor shall be the same as that provided in Ohio R.C. Chapter 727, which is incorporated herein by reference as if set forth at length.
The sewer districts and plan for the system of sewerage heretofore adopted by Council and followed by Council are hereby readopted.
(Ord. 9623. Passed 1-21-52.)
(a) No contracts in excess of five thousand dollars ($5,000) shall be entered into without prior approval of the Board of Control. Any contracts in excess of seventy-five thousand dollars ($75,000), shall first be authorized and directed by ordinance of Council. Any contracts in excess of seventy-five thousand dollars ($75,000) duly authorized by Council shall require no further action by the Board, except as set forth in Section 109.03. Beginning on January 1, 2024 through calendar year 2024, all contracts for goods and materials fairly estimated to exceed seventy-five thousand dollars ($75,000) shall be competitively bid unless exempted by ordinance or State law. For each calendar year thereafter, the amount for the previous calendar year increases by three percent as determined and published by the Ohio Director of Commerce.
(Ord. 32-1990. Passed 2-5-90; Ord. 285-1999. Passed 12-20-99; Ord. 20-2001. Passed 2-5-01; Ord. 60-2018. Passed 5-7-18; Ord. 141-2023. Passed 12-18-23.)
(b) In cases of extreme emergency, Council may, by ordinance, authorize a contract without newspaper advertising or posting. The bids shall be opened at the time set in the notice to the bidders by the officer authorized in the ordinance, or by the Mayor in case none is authorized, and publicly read by him or her.
(c) Each bid shall contain the full names of every person or company interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank. If the bid is accepted, a contract will be entered into and the performance of it properly secured. If the work bid embraces both labor and material, they shall be separately stated with the price thereof. The authorized officer or the Mayor, as the case may be, may reject any and all bids. Where there is reason to believe there is collusion or combination among bidders, then the bids so concerned shall be rejected. No contract will be awarded in excess of 110% of the amount budgeted or in excess of 110% of the engineer’s or architect’s estimate of the work to be performed. The contract shall be written in a form approved by the Director of Law. The Board may award the contract to the lowest and best bidder.
(Ord. 13-1989. Passed 1-17-89; Ord. 117-2008. Passed 5-5-08.)
(a) The Board of Control and, in particular, the Director authorized to advertise for bids for necessary goods and/or services will consider all bids in light of the following criteria when recommending and awarding the “lowest and best” bid as required by Section 109.02 of the Euclid Codified Ordinances:
(1) Past performance by the bidder on City or other governmental agencies contracts for same or similar work;
A. Quality of work, materials, services, and facilities;
B. Cooperation with City and public;
C. Ability to meet schedule and budget;
D. The amount of any change orders or cost overruns and the reason for the change order or cost overrun.
E. Number and type of problems/complaints and whether any claims have been made against the performance bonds secured by the bidder for past projects.
(2) Information regarding the bidder's workforce;
A. Experience and continuity of the bidders work force as well as the skill of the bidder's management;
B. Number of permanent and temporary employees who will be assigned to the contract;
C. The number of local employees that will be working on the contract;
D. Disclosure of any suspension or revocation of any professional license of any director, officer, owner, or managerial employee, to the extent that any work to be performed is within the field of such licensed profession.
E. Whether the bidder is a “Minority Business Enterprise” or an “EDGE eligible” business as certified by the State of Ohio Department of Administrative Services.
F. The number of certified “Minority Business Enterprises” or an “EDGE eligible” business as certified by the State of Ohio that the bidder will employ as subcontractors.
(3) Identification and description of any projects within the previous five years that the bidder was determined by a public entity not be a responsible bidder, the reasons given by the public entity, together with an explanation thereof;
(4) Disclosure of any litigation (including copies of pleadings) in which the bidder has been named a defendant or third party defendant in an action involving a claim for personal injury or wrongful death arising from performance of work related to any project in which it has been engaged within the previous five years;
(5) Adequate demonstration of financial responsibility, which may include a certified financial statement prepared by a certified public accountant, to assure that the apparent lowest bidder possesses adequate resources and availability of credit and the means to obtain the insurance and bonds that will be required for the project;
(6) Conviction of bidder and/or principal in bidding firm known to the City for crimes of moral turpitude (ex: perjury, fraud, bribery) during the three years previous to the date of the bids;
(7) The number of years the bidder has been actively engaged as a vendor/contractor in the construction industry;
(8) Capacity of bidding firm to complete the work per specifications; ex: a brand new firm without experience or reputation may submit the lowest dollar bid but may lack the experience or fiscal ability to complete the contract; City is entitled to minimize risks to the public of incomplete contract or incompetent bidder;
(9) Bidding firm's record for compliance with state, federal and local laws and regulations including equal opportunity, prevailing wage, unemployment, Fair Labor Standards Act, Worker's Compensation law, those established by OSHA, etc.;
(10) Any other relevant and material facts and circumstances.
(b) A preference not exceeding three percent (3%) may be given to firms which have a substantial presence (i.e. total taxes paid to City and school not less than five thousand dollar ($5,000)/year) in the City of Euclid provided the bidder satisfies all other requirements contained herein;
(c) A preference not exceeding two percent (2%) may be given to firms which are certified as a “Minority Business Enterprise: or an “EDGE eligible” business by the State of Ohio Department of Administrative Services provided the bidder satisfies all other requirements contained herein, provided further, that a bidder qualified under this provision shall not be awarded a preference under this provision if they qualify for the three percent (3%) preference as a Euclid based business as defined in division (b) above;
(d) When a contract is for goods, services, or construction, is for twenty-five thousand dollars ($25,000) or more, and is paid in whole or in part with state funds, the contract shall not be awarded to a person or firm against whom a finding for recovery has been issued by the auditor of the state. Prior to awarding the contract the Board of Control must perform a certified search of the findings for recovery database in order to obtain proof that the person or firm does not appear in the database and has no unresolved finding for recovery issued against them. If a finding for recovery has been issued against that person or firm they may not receive the contract. If no such finding for recovery is discovered then the contract may be awarded to the individual or firm. A copy of the results of the certified search shall be kept on record along with all other documents pertaining to the contract. This procedure must also be followed for contracts between the City and an individual or firm when the aggregate cost for the goods, services or construction provided under all contracts entered into by the City and that individual or firm within the preceding fiscal year exceeded fifty thousand dollars ($50,000) and the contract is paid in whole or in part with state funds.
(Ord. 82-2010. Passed 5-17-10; Ord. 53-2011. Passed 4-18-11.)
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