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(a) Competitive proposals shall be required of any contract involving professional services unless excused by 187.24 (b).
(b) The Mayor may present a proposal for a professional services contract for Council approval without having received competitive proposals when authorized herein. Such exception shall require a clear justification for departing from the competitive process. Adequate justification shall include a need for confidentiality (e.g. litigation), an emergency requiring obtaining professional services in a time period that cannot be accomplished through the competitive process, the need to follow a non-bid consultant selection process which is a precondition to the receipt of federal and/or state funding for the contract, or other justification demonstrating that the City is best served by bringing the matter directly to Council for consideration.
(c) After it has been determined that a proposed professional service contract complies with the living wage provision where applicable, then evaluation of professional service contracts shall be based on the weighted rating factors listed in 187.24 (c) (1). The rating factors are subject to adjustment, within the indicated ranges, as determined by the department director seeking the professional service contract. Each proposal for professional service contract shall be rated on a zero (0) to five (5) point scale and multiplied by the rating factor to arrive at a weighted total score.
(1) The rating factors and the respective weights for each factor for evaluation of professional service contracts sought by the City of Toledo are: background and related project experience - zero (0) to fifteen (15), location (local office-staff accessibility) - zero (0) to ten (10), familiarity with local, state and federal standards and regulations - zero (0) to ten (10), current work load - zero (0) to five (5), performance on previous projects - zero (0) to fifteen (15), understanding of the project -zero (0) to fifteen (15), schedule, staffing - zero (0) to fifteen (15), fee and hours - zero (0) to fifteen (15), DBE (Disadvantaged Business Enterprise) participation zero (0) to fifteen (15), other department criteria to be identified in the Request For Proposal (RFP) - zero (0) to five (5).
(2) The following ten categories will be used as rating factors when reviewing professional services for the City of Toledo. Each category or criterion shall have a scoring range between zero (0) to fifteen (15) from which the evaluating division can choose in order to appropriately reflect their relative importance, e.g., not applicable to this particular project would be 0 versus highly important could be fifteen (15).
A. Background, related project experience - this consists of review of the professional services background and experience of the firm or individual. It should include a history of the firm or individual and the number of employees. It should include a listing of previous experiences similar to the requested work and should describe the facilities and equipment at the working offices.
B. The location - this should include the location of the primary office and whether or not a local office will be available. It should also include discussion on staff accessibility for the project. This should also include the amount of work to be performed in the City of Toledo. It should also list the home office inside the City of Toledo, as well as the primary office if located elsewhere. The location where the primary work will be done must be designated. If a portion of the work will be done at a location other than the primary location, designate the other location and the type of work to be done there. Note: A partial assessment of location points (no more than four (4) can be given to those businesses, which are located within the joint economic development zone of which the City of Toledo is a participant.
C. Familiarity with local, state and federal standards and requirements - this should include a description of the firm or individual's familiarity with all City of Toledo, State of Ohio and applicable federal standards and requirements. Specific local standards, ordinances, state laws, state requirements and federal regulations should be listed in this section.
D. Current work load - a description of the firm or individual's current work load is to be included in this section. This should include a listing of all major projects inside the City of Toledo and outside its boundary. Specific listing of any subcontracting work that the firm or individual does have with another company or project should also be included in this section.
E. Performance on previous projects - a specific listing of previous contracts with the City of Toledo or similar offices in the State of Ohio, State of Michigan or Federal Government should also be included. Included in this listing should be a summary of performance for each project relevant to timeliness, performance and any savings or benefits that were provided to the contractee. List the last ten (10) completed projects similar to the requested work.
F. Understanding of the project - the provider shall completely describe in detail the services to be rendered to complete the project, including all alternative considerations and evaluations which may be prudent in order to effectively minimize the project budget and most satisfactorily achieve the project goal. Specific points of understanding should be listed to include the professional approach to the project with any related economic benefits which may impact efficiency and effectiveness.
G. Schedule, staffing - this criterion shall have a project advancement schedule, including all tasks specifically listed for the project. Timeframes, review times, as well as timing for meetings with citizens and public meetings should be listed in this section. List your key personnel and their qualifications and experience. Designate the person who will manage this project. Designate your other personnel along with their experience and background who will also work on the project.
H. Fee - the specifics of the fee shall be listed. The cost can be prepared in an hourly format to include a not-to-exceed figure. However, a cost for specific hourly charges over the base project by specific category should be listed.
I. DBE Participation - a description of any joint ventures, partnerships or subcontracts with DBEs that are certified by the City's Office of Affirmative Action. The description should include the name of the company(s), the description of the work to be performed by the DBE and the amount and percentage of the contract that will be awarded to DBEs.
J. Other divisional criteria (identified in the request for proposal) - any other pertinent information that the requesting division believes is important that is not included above should be included in this section.
(Ord. 397-94. Passed 7-26-94)
(d) In all cases involving an expenditure of the amount of forty thousand dollars ($40,000) or more not covered by Section 187.12(c) the contract shall be made with the lowest and best bidder after advertisement in the City Journal in the same manner as is hereinbefore provided for purchases. Among the elements to be considered in determining the lowest and best bidder shall be:
(1) The bidder's performance on previous work or contracts undertaken for the City or others including provision of specific information concerning previous work or contracts with the City, any state and the federal government.
(2) The bidder's history, background, quality of work and related experience in all matters concerned with performance of the involved purchase, work or contract;
If the contract covers both labor and materials advertisement shall require them to be separately stated in the bid with the price thereof.
(Ord. 105-03. Passed 2-4-03; Ord. 832-03. Passed 12-23-03.)
At the time and place prescribed in the advertisement for opening bids, they shall be opened, read and tabulated. The bids as tabulated shall be certified to the Mayor who shall determine the lowest and best bidder, or he may reject any and all bids. The provisions hereinbefore set forth requiring a check or bond with all bids on purchase contracts shall apply to all other contracts let on competitive bids, and all other provisions of the purchase code shall apply to other contracts as far as applicable thereto.
(1952 Code § 3-9-30)
(a) All contracts involving an expenditure of the amount specified in Section 228 of the Charter or more shall be in writing and shall be executed by the successful bidder and in behalf of the City by the Mayor. It shall be approved as to form by the Director of Law or his designee and there shall be designated on such contract the number of the ordinance authorizing the same. No such contract shall be executed unless there is a Certificate of Availability of funds attached thereto if required by the Charter and the laws of Ohio.
(b) The amounts and time of payments to contractors, engineers, consultants or any other entity entitled to payment for the public improvement ("contractor") that is the subject matter of the contract, shall be governed by this section or, if not specified in this section, by the terms of the written contract between the City and the contractor. Payment on approved invoices or estimates shall be made within thirty (30) days. The contractor shall not be entitled to interest for late payments.
(Ord. 239-23. Passed 5-30-23.)
(c) For all public improvement contracts, the City may make partial payments to the contractor at the rate of ninety-two percent (92%) of the estimates prepared and submitted by the contractor and approved by the City's engineer. Subsequently, if the character and progress of the work has been satisfactory, the City may determine that all labor performed after the job is fifty percent (50%) completed can be paid at the rate of one hundred percent (100%) of the estimates submitted by the contractor and approved by the City's engineer. In the alternative, however, the City may opt to make partial payments to a contractor at the rate of ninety-six percent (96%) of the estimates prepared by the contractor and approved by the City's engineer throughout and until completion of the project. In either case, the City shall hold all retained funds and the contractor shall not be entitled to interest on the retained funds. When all work has been satisfactorily completed and accepted, the retained amount shall be paid to the contractor.
(d) The City may agree to pay a public improvement contractor for approved materials delivered on the site of the work or at an approved storage site projects at the rate of ninety-two per cent of the invoice costs. The balance of the invoiced cost shall be paid when the materials are incorporated into the improvement. When a partial payment is permitted for materials delivered to a work or storage site prior to incorporation in the improvement, the materials shall become the property of the City, but if the materials are stolen, destroyed or damaged by casualty before being used, the contractor shall replace the materials at its own expense.
(Ord. 575-07/294-08. Passed 5-6-08; Ord. 106-11. Passed 3-8-11.)
(a) Every contract involving an expenditure of the amount of forty thousand dollars ($40,000) or more for the performance of work and labor and for the installation of equipment upon any street, highway, bridge, building or other public improvement in which both labor and material are involved, shall be accompanied by a bond in the Ohio statutory form, in an amount not less than the bid price, of the contractor to the City, guaranteeing the performance of the contract according to its provisions and payment of all lawful claims of subcontractors, material suppliers and laborers for work performed or materials furnished in performing the contract, and indemnifying the City against damages suffered by failure to perform the contract. Such bond shall be for the benefit of any subcontractor, material supplier or laborer having a just claim as well as the City.
(b) The sureties on such bond or the bank on such performance bond security shall be approved by the Commissioner of Purchases and Supplies and the bond/security shall be filed with the Commissioner of Purchases and Supplies. Any surety on a submitted bond must be licensed by the superintendent of insurance to execute such a bond in the state of Ohio.
(c) In lieu of a surety bond, the contractor may provide the City with one of the following forms of security from a solvent bank: (a) Certified check, (b) Cashier's check, or (c) Irrevocable letter of credit.
(d) The bond requirements under this Section may be waived by the Commissioner of Purchases and Supplies for contracts awarded pursuant to Code Section 188.07, the Small Business Enterprise Sheltered Market Program.
(Ord. 288-90. Passed 3-13-90; Ord. 178-94. Passed 4-18-94; Ord. 852-03. Passed 11-25-03; Ord. 832-03. Passed 12-23-03; Ord. 239-23. Passed 5-30-23.)
In all purchases or other contracts involving an expenditure of the amount specified in Section 228 of the Charter or more the vouchers for payment shall be approved by the Director of Finance. Such voucher shall set forth the number of the ordinance authorizing the contract and shall designate the appropriation against which it is drawn.
(Ord. 124-89. Passed 2-14-89.)
At the end of each and every month the Commissioner of Purchases and Supplies shall file with the Clerk of Council a report showing in itemized form the purchases made by the Commissioner and the purchase price of such purchases.
(1952 Code § 3-9-34; Ord. 178-94. Passed 4-18-94; Ord.852-03. Passed 11-25-03.)
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