§ 329.20. General provisions.  


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  • The requirements of this section apply to all construction service contracts to be awarded and approved under Sections 329.22 and 329.23.

    (a)

    Bids may be submitted in either traditional hardcopy format or through an electronic agent as determined by the city agency and stated in the invitation for bid.

    (b)

    The finance and management director or designee shall prescribe the manner and form of bid submittals for the purpose of evaluating the considerations herein. Prior to prescribing said manner and form of bid submittals, the finance and management director shall consult with the directors of city agencies responsible for performing any contract-related function referred to in this section. The bid submittal requirements and considerations herein shall apply equally to the bidder and any subcontractor of the bidder. The contracting agency must include the prescribed bid submittal forms in the invitation for bid.

    (c)

    A bid shall be deemed non-responsive if the bidder has not been prequalified responsible or prequalified provisionally responsible at the time of bid due date, pursuant to Section 329.21.

    (d)

    A bid submitted by a bidder prequalified responsible or provisionally responsible shall be deemed non-responsive if the bidder fails to submit to the contracting agency as part of its bid submission an affidavit stating one (1) of the following, whichever is applicable:

    (1)

    That as of the date of bid submission, there have been no changes in the information disclosed in its application for responsibility prequalification; or

    (2)

    That changes in the information disclosed in the bidder's application for responsibility prequalification have been reported to director of finance and management or designee and that the bidder is still prequalified responsible or provisionally responsible.

    (e)

    When there is evidence of collusion among the bidders, the bids of those concerned in the collusion shall be rejected.

    (f)

    All bidders entering into a contract with the city shall have a current and valid contract compliance certification number, pursuant to provisions set forth in Title 39.

    (g)

    Each bid shall contain the full name of every person or company interested in the same and such other relevant information as the city agency deems appropriate.

    (h)

    Regarding subcontractors, a bidder shall comply with all of the following requirements:

    (1)

    Provide a list with its bid submission of all subcontractors the bidder intends to utilize for the project, and the list shall be divided into two (2) parts, base bid (including contingency and allowances, if applicable) and alternate(s), if alternates are included in the city's bid document;

    (2)

    Indicate which subcontractors are licensed construction trade subcontractors, as defined in 329.01;

    (3)

    State, via affidavit, that the bidder's licensed construction trade subcontractors are prequalified responsible or prequalified provisionally responsible at the time of bid submission;

    (4)

    List only subcontractors who are not currently suspended or debarred by the city; and

    (5)

    List one (1) subcontractor for each division of work to be performed as listed in the technical specifications, or section of work in the current edition of the City of Columbus Construction and Material Specifications, whichever is applicable, of the city's bid document. In circumstances where the bidder determines that more than one (1) subcontractor is needed to complete a division or section of work, a bidder shall explain in writing the reason(s) why multiple subcontractors are necessary, describe the work to be performed within any subdivision of a division or subsection of a section of work, and the dollar amount allocated to any subdivision of a division or subsection of work.

    (i)

    Failure to fulfill the above-stated requirements contained in subsections (h)(1) through (5) shall render the bid non-responsive.

    (j)

    A contractor must obtain written consent from the director or designee of the contracting agency prior to subletting, selling, transferring, assigning, or otherwise relinquishing any rights, title, or interest in the work to any subcontractor not listed in the bid submittal or contract. The director or designee must, within a reasonable time, approve or disapprove a contractor's request. The decision shall be final. The contractor may seek the aforementioned written consent for reasons including, but not limited to, the following:

    (1)

    After reasonable opportunity to do so, the subcontractor fails or refuses to execute a written contract for the scope of work specified in the bid and at the price specified in the bid;

    (2)

    The subcontractor becomes insolvent or the subject of an order for relief in bankruptcy;

    (3)

    The subcontractor fails or refuses to meet the requisite licensing or bonding set before bid submittal;

    (4)

    The contractor demonstrates to the contracting agency that the name of the subcontractor was listed as the result of an inadvertent clerical error;

    (5)

    The subcontractor fails or refuses to perform its subcontract after reasonable opportunity to do so; or

    (6)

    The contractor determines that additional specialty work not reasonably anticipated in the bid must be performed by subcontract.

    (k)

    Upon request, the contractor and its subcontractors shall promptly furnish copies of all subcontracts and supply agreements.

    (l)

    A bidder shall not be awarded a construction contract if the bidder fails to comply with the provisions of this section.

    (m)

    The city agency shall maintain in the contract file a record of the bid evaluation for the purposes of determining the lowest, responsive, responsible, and best bidder awarded the contract.

    (n)

    The finance and management director or designee may waive the requirements of Sections 329.20(c), 329.20(d) and 329.21 as applied to a licensed construction trade subcontractor if either of the following occurs:

    (1)

    There is not a licensed construction trade subcontractor prequalified responsible or prequalified provisionally responsible available to subcontract at the time of the contract award; or

    (2)

    The prequalified licensed construction trade subcontractor originally approved to subcontract discontinues performance on said subcontract and either of the following applies:

    (a)

    There is not an alternate licensed construction trade subcontractor prequalified responsible or prequalified provisionally responsible available at that time; or

    (b)

    There is an alternate licensed construction trade subcontractor prequalified responsible or prequalified provisionally responsible available at that time, but the use of that alternate would create an unreasonable delay in completion of the project.

    (o)

    The finance and management director, in consultation with the city attorney, shall establish processes and standards to govern the conduct of any periodic random audits of the applications, bids and contracts provided for under this article.

    (p)

    All payments to subcontractors and suppliers shall be in accordance with the provisions of Ohio Revised Code Section 4113.61 or a successor to that section. A contractor must fully and promptly comply with requests for documentation relative to such payments.

    (q)

    For any contract authorizing the demolition or deconstruction of a structure zoned for residential use, the contracting agency shall consider the criteria set forth under Section 329.211 in determining the lowest, responsive, responsible and best bidder.

(Ord. No. 3062-2014, § 3, 12-15-2014; Ord. No. 1196-2015, § 3, 7-13-15; Ord. No. 3023-2017 , § 1(Att.), 12-11-2017)