This Section sets forth procedures for the procurement of contracts for designing and constructing public improvements including, without limitation, roads, bridges, traffic signalization and signage, sidewalks, buildings, treatment works, storm sewers and other storm water management improvements, flood control improvements, sanitary sewers, waterlines, other utilities, parks, monuments, and trails and other recreational facilities.
This Section also sets forth procedures for the procurement of contracts for the purchase of equipment, supplies, materials, or services for the operation and maintenance of public improvements and otherwise promoting the functions and operations of the Municipality, which contracts may or may not be associated with the construction of a public improvement.
(A) Consistent with Section 6.01(B)(10) and except as otherwise provided in this Section, the Administrator or an authorized designee shall award and execute all contracts on behalf of the Municipality.
(B) The Council shall establish procedures for competitive bidding of contracts, including a threshold amount for requiring competitive bidding, notice provisions, and such other procedures as it deems appropriate, At the Council's discretion, such procedures may contain a prohibition against awarding a contract in excess of a specified percentage of an engineer's or other design professional's estimate of cost or opinion of probable cost. When any contract for the construction of a public improvement or the purchase of equipment, supplies, or materials is estimated to exceed the competitive bidding threshold established by the Council, the contract shall be competitively bid unless exempted under Section 9.02(C). The Council shall award a contract to the lowest and best bidder, provided that Council may reject any and all bids in whole or by items.
(C) By an affirmative vote of at least five of its members, the Council may waive the competitive bidding requirement of Section 9.02(B) if the Council determines that an emergency threatens public safety or property, or an item or service is only available from a single source or provider, or when funding could be lost due to time constraints, or if the item or service is available under the cooperative purchasing program administered by the Ohio Department of Administrative Services pursuant to Ohio Revised Code Section 125.04, as amended, or if the Council determines that a waiver of the competitive bidding requirement is in the best interest of the Municipality.
(D) The Administrator shall select the construction project delivery method that in the Administrator's sole discretion is in the best interest of the Municipality, which project delivery method may include, without limitation, construction manager at risk, design-build, design-bid-build, single prime contracts, or any other method of project delivery pursuant to procedures established or approved by Council that must promote competitive pricing to the extent practicable. However, the Council shall have the authority to direct the Administrator to select a particular construction project delivery method.
(E) Notwithstanding any provision of the laws of the State of Ohio, contractors and vendors shall not be entitled to receive interest on funds temporarily retained on a contract pending final acceptance of work performed or goods supplied, nor shall the Municipality be required to maintain a separate escrow account to hold such retained funds.
(F) Contracts or other agreements for professional services, including, without limitation, information technology/computer, architectural, engineering, surveying, testing, inspection, and legal services, shall not be subject to the competitive bidding requirements of this Section and shall not require authorization by the Council if the current operating budget provides sufficient funding for the services to be provided or if the Council has otherwise appropriated moneys for such services. Contracts for professional design services as defined in Ohio Revised Code Section 153.65 (as amended or revised) shall not be subject to the requirements of Ohio Revised Code Sections 153.65 through 153.73 (as amended or revised), but instead will be procured through procedures established by the Council.
(G) The Council shall establish procedures for alterations or modifications of contracts. Modifications or alterations of contracts shall not require competitive bidding. Such procedures may include a requirement that the Council approve cumulative contract modifications that exceed a specified percentage of the original contract value.