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In any purchase involving an expenditure of less than the amount specified in Section 228 of the Charter the appropriation for such purchase shall be sufficient authority for the purchase. All such purchases and all other purchases in the amount of forty thousand dollars ($40,000) shall be made with informal competition under the rules and regulations prescribed by the Section.
(1952 Code § 3-9-8; Ord. 832-03. Passed 12-23-03.)
No purchase involving an expenditure of the amount specified in Section 228 of the Charter or more shall be made unless authorized by ordinance of Council. One or more purchases may be made under the authority of the same ordinance. Purchases may be authorized in installments under one advertisement for bids when bids are required, and the aggregate of such bids will be used to determine compliance with section 187.12. All requisitions for such purchases shall be approved by the Director of Law or his designee, and the Mayor before being forwarded to the Commissioner of Purchases and Supplies. Except in case of an emergency, such ordinance shall be passed before the requisition is forwarded to the Commissioner and the number thereof shall be placed on the requisition. In case of an emergency, the requisition may be executed and forwarded to the Commissioner before the passage of the ordinance, but no awards shall be made upon any bids, when bids are required, until the ordinance is passed and in effect. The emergency shall be set forth in the requisition. The following provisions as to competitive bidding apply only to expenditures of forty thousand dollars ($40,000) or more.
(Ord. 121-89. Passed 2-14-89; Ord. 178-94. Passed 4-18-94; Ord. 852-03. Passed 11-25-03; Ord. 832-03. Passed 12-23-03; Ord. 294-23. Passed 5-30-23.)
When any purchase involving an expenditure of the amount of forty thousand dollars ($40,000) or more is authorized by Council as herein provided, it shall be made with the lowest and best bidder after advertisement in two consecutive issues of the City Journal one week apart and the time set for opening bids shall not be less than two weeks from the date of the first publication.
(1952 Code § 3-9-10; Ord. 832-03. Passed 12-23-03.)
The advertisement for bids shall be prepared by the Commissioner of Purchases and Supplies and published in the Toledo City Journal. Every such advertisement shall specify the place where bids will be received and the time of opening the same and a brief description of the materials and supplies to be purchased.
(1952 Code § 3-9-11; Ord. 178-94. Passed 4-18-94; Ord. 852-03. Passed 11-25-03.)
(a) The City may request separate bids for each class of work to be performed on a public improvement or may request an aggregate bid for some or all classes of work. The City may award separate contracts for each class of work to be performed on an improvement or may award an aggregate contract for some or all classes of work. If the City requests separate bids for such public improvement, the aggregate of such bids will be used to determine compliance with section 187.12. The award of the contract shall be to the lowest and best bidder in accordance with section 187.12.
(b) Each bid shall be in writing on the form provided and shall be signed by the bidder and shall contain the full name of every person or company interested in it. Each bid shall refer to the proposed purchase.
(Ord. 575-07/294-08. Passed 5-6-08; Ord. 294-23. Passed 5-30-23.)
(a) Every bidder shall submit with any bid in an amount of seventy-five thousand dollars ($75,000) or less a bid guaranty in the amount of two and a half percent (2.5%) of the bid, but in no event less than forty dollars ($40.00) nor more than one thousand eight hundred dollars ($1,800). However, the Commissioner of Purchases and Supplies may set a reduced required bid guaranty amount for contracts to be let under Code Section 188.07, the Small Business Reserve Program, that is less than two and a half percent of the estimated bid cost but not less than forty dollars.
(b) Any bidder submitting a bid in an amount exceeding of seventy-five thousand dollars ($75,000) shall submit a bid guaranty in the amount of five percent (5%) of the bid, subject to a maximum amount of two hundred thousand dollars ($200,000).
(c) The bid guaranty may be a bid bond or a certified check or cashier's check on a solvent bank. The bid guaranty shall provide that if the bid is accepted, the bidder shall enter into a proper contract with the City in accordance with the bid, plans, details, specifications and bills of material. If the bidder fails to enter into a proper contract and the City awards the contract to the next lowest bidder, the bidder and the surety on the bidder's bond shall be liable to the City for the difference between the bid and that of the next lowest bidder up to the amount of the bid guaranty. If the City does not award the contract to the next lowest bidder but resubmits the project for bidding, the bidder failing to enter into the contract and the surety on the bidder's bond are liable to the City for a penal sum not to exceed the amount of the bid bond or five thousand dollars ($5,000), whichever is less.
(Ord. 753-04. Passed 11-23-04; Ord. 239-23. Passed 5-30-23.)
At the time prescribed in the advertisement for opening bids on purchase contracts, the Commissioner of Purchases and Supplies shall, at the place set forth therein, open all bids and publicly read each bid.
(1952 Code § 3-9-14; Ord. 178-94. Passed 4-18-94; Ord. 852-03. Passed 11-25-03.)
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