General provisions for construction contracts not exceeding five-hundred thousand dollars ($500,000.00).
Columbus City Codes § 329.20
in effect329.20 - General provisions for construction contracts not exceeding five-hundred thousand dollars ($500,000.00).
The requirements of this section apply to all construction service contracts, estimated not to exceed five-hundred thousand dollars ($500,000), to be awarded and approved under Section 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) When there is evidence of collusion among the bidders, the bids of those concerned in the collusion shall be rejected.
(d) All successful bidders entering into a contract with the city, and their listed subcontractors, shall have a current and valid contract compliance certification number, pursuant to provisions set forth in Title 39.
(e) 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.
(f) Regarding subcontractors, a bidder shall comply with all of the following requirements:
(1) Provide a list with its bid submission of all first-tier subcontractors the bidder intends to utilize for the project, as well as all subcontractors the bidder intends to utilize to demonstrate achievement of established supplier program subcontracting goals. Each 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) List only subcontractors who are not currently suspended or debarred by the city and who have not been listed as having had an adverse determination by the Wage Theft Commission; and
(3) 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; and indicate which subcontractors are licensed construction trade subcontractors, as defined in Section 329.01;
(4) Demonstrate achievement of established supplier program subcontracting goals or provide sufficient documentation of a good faith effort to meet established supplier program Subcontracting Goals as defined and required under Title 39.
(g) Failure to fulfill the requirements contained in division (f) may render the bid non-responsive. The bidder shall be given the opportunity to correct omissions in the requirements contained in division (f), so long as pricing does not change, and the bidder submits with the written correction an affidavit attesting that the subcontractors required to be listed in divisions (f)(1) through (f)(3) were engaged to be utilized at the time of the submission of the bid. The bidder shall be given seven (7) calendar days after notification from the City to correct any omissions.
(h) 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.
(7) In the event the subcontractor to be replaced is a Program Member, the prime contractor is required to make good faith efforts to replace the Program Member with another committed licensed and prequalified Program Member.
(i) Upon request, the contractor and its subcontractors shall promptly furnish copies of all subcontracts and supply agreements.
(j) A bidder shall not be awarded a construction contract if the bidder fails to comply with the provisions of this section.
(k) 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.
(l) 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.
(m) 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.
(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; Ord. No. 2074-2021, § 2, 7-26-2021; Ord. No. 1823-2022, § 1, 7-11-2022; Ord. No. 2116-2025, § 1, 11-17-2025)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT3FITACO_CH329PRGOSEALPR_329.20GEPRCOCONOEXFINDTHDO500000.00Fetched: 10/27/2026
