168.03 ESTIMATES, PLANS AND SPECIFICATIONS; FORM OF BID AND CONTRACT DOCUMENTS.

   Prior to an advertisement for bids for a public improvement, the City Engineer or Public Works Director shall prepare an estimate of the cost of the work, plan and specifications, and, with the approval of the Law Director, a proposal form, instruction to bidders, advertisement and invitation for proposals and all other necessary bond and contract documents. The cost estimate shall not be made public until after all proposals are opened.

(Ord. 1996-119. Passed 6-17-96.)

168.04 ADVERTISEMENT FOR BIDS.

   Whenever a public improvement is required to be advertised for proposals pursuant to Section 121.09 of the Codified Ordinances, such advertisement shall specify the place where proposals will be received, the last date and time for filing proposals and the date and time that proposals received shall be opened and read. If the City Engineer or Public Works Director issues any addenda prior to the time specified for the opening of proposals, the time specified for opening proposals shall be extended, if necessary to assure that there are at least two business days between the date such addenda are issued and the date proposals are opened.

(Ord. 1996-119. Passed 6-17-96.)

168.05 FORM OF PROPOSAL.

   All proposals for public improvement contracts shall be made upon the blank proposal form specified pursuant to Section 168.03 and shall meet all requirements set forth in the instructions to bidders.

   Proposals may be rejected by the City, at its discretion, if they show any alteration of forms, additions not called for, uncalled for, conditional or alternate bids, incomplete bids, omissions, uninitialled erasures, incomplete or incorrect extensions of unit bid prices or any other variance from the instructions to bidders or irregularities of any other kind. The City reserves the right to waive any such informalities.

(Ord. 1996-119. Passed 6-17-96.)

168.06 BIDDER'S NONCOLLUSION AFFIDAVIT.

   Each bidder shall be required to submit with his or her proposal an affidavit stating that neither he or she nor his or her agents, nor any party for him or her has paid to or agreed to pay, directly or indirectly, any person any money or other valuable consideration for assistance in procuring or attempting to procure the contract bid upon, and further agreeing that no such money or other consideration will be paid after the opening of the proposals. Such noncollusion affidavit shall be on the form provided with the instructions to bidders.

(Ord. 1996-119. Passed 6-17-96.)

168.07 PROPOSAL GUARANTY.

   Each proposal shall be accompanied by a certified check on a solvent bank in the County, made payable only to the City, with no restrictions thereon, in an amount not less than ten percent of the total amount of the proposal, or, in lieu of such a check, a bid bond, in favor of the City, in an amount not less than ten percent of the total amount of the proposal. All sureties issuing bid bonds shall be duly authorized and qualified to do business in the State and must, upon request of the Law Director, furnish a certificate of authority and compliance from the office of the State Superintendent of Insurance. The certified check or bid bond shall be furnished as surety that, if the proposal is accepted, a contract will be entered into and the performance of such contract properly secured within ten days from the date of notice to the bidder of the award of the contract.

(Ord. 1996-119. Passed 6-17-96.)

168.08 DISPOSITION OF PROPOSAL GUARANTY; AWARD TO NEXT LOWEST BIDDER.

   The bid bond shall be forfeited and the principal amount of the bid bond shall be paid to the City, or the certified check shall be surrendered and forfeited to the City, as the agreed amount of liquidated damages, in case of failure to enter into a contract for the work bid upon. In such case, the contract may, at the discretion of the City, be re-advertised or awarded to the next lowest bidder.

   The bid bonds or certified checks of all unsuccessful bidders shall be returned within thirty days of the award and execution of a contract, or the rejection of all bids, whichever is later. The bid bond or certified check of the successful bidder shall be returned after such bidder has executed a contract and the performance bond required pursuant to Section 168.14 has been furnished to and accepted by the City.

(Ord. 1996-119. Passed 6-17-96.)

168.09 UNACCEPTABLE PROPOSALS.

   No proposal will be considered unless the bidder furnishes evidence satisfactory to the City that he or she has the necessary facilities, ability and pecuniary resources to fulfill the conditions of the contract.

   No contract will be awarded to any person who is in arrears to the City upon any debt or

contract, or who is in default, as surety or otherwise, upon any obligation to the City.

(Ord. 1996-119. Passed 6-17-96.)

168.10 EXAMINATION OF SITE OF WORK, QUANTITIES, SCOPE OF WORK.

   The bidder is required to examine carefully the site of the work, the proposal form, the

plans and specifications and all contract documents for the work contemplated. The bidder in submitting a proposal, warrants that he or she has investigated and is acquainted with the conditions to be encountered for performing the work, including the character, quality and quantities of work to be performed and materials to be furnished, the prevailing hourly wage rates

for the area as prescribed by law and all requirements of the contract documents. Submission of a proposal shall be considered prima-facie evidence that the bidder has made such examination and

is satisfied as to all conditions which will affect the work.

(Ord. 1996-119. Passed 6-17-96.)