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When a public project is involved, and in other cases when deemed necessary by the Purchasing Agent, formal bids shall be accompanied by security, either cash, cashier’s check, certified check or surety bond, in a sum equal to ten percent (10%) of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to return of bid security, provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the City is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and re-advertise.
[Ord. No. 461, Section 3, 5/9/07.]
A faithful performance bond and labor and material (payment) bond shall be required for all public projects, unless waived by the City Council, in an amount reasonably necessary to protect the best interests of the City. In addition, the City Council shall have authority to require a faithful performance bond or other bonds before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids.
[Ord. No. 461, Section 3, 5/9/07.]
Sealed bids shall be submitted to the Purchasing Agent and shall be identified as “bids” on the envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the purchasing office during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
[Ord. No. 461, Section 3, 5/9/07.]
In its discretion, the City Council may reject any and all bids presented and may cause re-advertising for bids pursuant to the procedure herein above prescribed. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein.
[Ord. No. 461, Section 3, 5/9/07.]
Except as otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of “lowest responsible bidder” shall be at the discretion of the City Council pursuant to findings and recommendations presented by the Purchasing Agent at the time of award of contract.
[Ord. No. 461, Section 3, 5/9/07.]
If two (2) or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract.
[Ord. No. 461, Section 3, 5/9/07.]
In determining which responsible bidder is the lowest bidder, the Purchasing Agent in his findings and recommendations shall deduct from the total price of each bid, the amount of sales and use tax revenues which will be paid to the City on account of that portion of the bid price which is directly subject to the imposition of such taxes. The Purchasing Agent shall have no obligation to make such a determination unless the affected bidder so requests in its bid and furnishes sufficient information for the determination to be made. This Section shall be operative only in respect to projects where the request for proposals or bids contains a copy of this Section and specifies that a credit for related local sales and use tax payable to the City will be granted.
[Ord. No. 461, Section 3, 5/9/07.]
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