The City Manager may make any contract or purchase supplies or materials, or provide labor for any work in any department, not involving more than the maximum amount allowed under the Ohio Revised Code without competitive bidding procedures. When any expenditure within any department other than the compensation of persons employed therein exceeds the maximum amount allowed under the Ohio Revised Code without competitive bidding procedures, such expenditure shall first be authorized and directed by ordinance or resolution of the City Commission, and when so authorized and directed, the City Manager shall make a written contract with the lowest and best bidder after advertisement for not less than two or more than four consecutive weeks in a newspaper of general circulation in the City of Gallipolis, Ohio. Contracts for used equipment or supplies at a public auction or emergencies can be entered into without following competitive bidding procedures, further the City Commission may, if an exigency exists, dispense with the advertisements for bids for any other services or materials and authorize the Manager to enter into a contract with the lowest and best bidder in any sum in excess of the maximum amount allowed under the Ohio Revised Code without competitive bidding procedures, but no such contract shall be entered into until authorized by the City Commission, by resolution or ordinance which shall set forth the necessity for such action. All bids shall be sealed and shall be opened at twelve o'clock noon on the last day for filing the same, by the City Manager at his office in the City of Gallipolis, Ohio, and be publicly read by him. Each bid shall contain the full name of every person or company interested in the same and shall be accompanied by a sufficient bond as determined in the sole discretion of the City Manager or certified check on some solvent bank, so conditioned that 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 therefor. The City Manager shall report all the bids to the City Commission at its next regular meeting and shall recommend which, if any, bids shall be accepted. The City Commission, regardless of the recommendation of the City Manager, may reject any or all bids. No such contract shall be entered into by the City Manager until the approval thereof by the City Commission has been first had and obtained.
The contract shall be between the corporation and the bidder, and the corporation shall pay the contract price in cash. Where a bonus is offered for the completion of a contract prior to a specified date, the corporation may exact a pro rata penalty in like sum for every day of delay beyond the specified date. Where there is reason to believe that there is collusion or combination among bidders, the City Manager shall reject the bids of those concerned therein.
Whenever it becomes necessary in the opinion of the City Manager in the prosecution of any work or improvement under contract to make alterations or modifications in such contract such alterations or modifications shall only be made by such City Manager after the same have been authorized by resolution or ordinance of the City Commission; but such resolution or ordinance shall be of no effect until the price to be paid for the work and material, or both, under the altered or modified contract, has been agreed upon in writing and signed by the contractor and the City Manager on behalf of the corporation. And no contractor shall be allowed to recover anything for work or material, caused by an alteration or modification, unless such contract is made as aforesaid; nor shall he, in any case, be allowed, or recover for such work and material, or either, more than the agreed price.
(Amended 11-3-98.)