(A) Competitive bidding procedures.
(1) Competitive bidding required. Any work or other public improvement which is not to be paid for, in whole or in part, by special assessment, and all purchases of and contracts for supplies, materials and services, shall, except as specifically provided in this section, be based, whenever possible, on competitive bids.
(2) Formal contracts.
(a) Any work or other public improvement which is not to be paid for, in whole or in part, by special assessment, except as otherwise provided in this section, when the estimated cost thereof exceeds $10,000, shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting bids, unless competitive bidding is waived by a vote of two-thirds of all the Council members then holding office.
(b) All purchases of and contracts for supplies, materials and services, except as otherwise provided in this section, when the estimated cost thereof exceeds $10,000, shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting bids, unless competitive bidding is waived by a vote of two-thirds of the Council members then holding office.
(c) The Public Works Director, with the consent of a majority of Council members, may enter into a contract for public works improvements or the purchase of supplies when the estimated cost thereof, whether in the aggregate or by single contract, is $30,000 or below. Contracts exceeding $30,000 will require the Public Works Director to follow divisions (A)(2)(a) and (A)(2)(b) of this section.
(3) Notice inviting bids.
(a) Notice inviting bids shall be published at least once in a newspaper with a general circulation in the city. The newspaper notice shall include a general description of the work to be performed or the articles to be purchased and shall state where specifications may be secured and the time and place for opening bids.
(b) The city shall also advertise all pending work or purchases by posting a notice on the public bulletin board in the City Hall and on the city website.
(4) Bid deposits. When deemed necessary by Council, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposits upon the award of the contract by Council. A successful bidder shall forfeit any bid deposit required by Council upon failure on his or her part to enter into a contract within ten days after the award.
(5) Performance bonds. The city administration may require performance bonds, before entering into a contract, in an amount as it finds reasonable and necessary to protect the best interests of the city. Performance bonds will be required on contracts involving purchases where materials and labor are involved. On purchases of material only, a warranty will be required for the specific use of the material.
(6) Submittal and award of bids.
(a) Bids shall be submitted sealed to the city and shall be identified as bids on the envelope.
(b) Bids shall be opened in public at the time and place stated in the public notice.
(c) A tabulation of all bids received shall be made by Council or by a city employee, in which latter event a tabulation of the bids shall be furnished to Council at its next regular meeting.
(d) The city may reject all bids or parts of bids when the public interest will be served thereby. The city shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the city.
(e) Council may award contracts within the purview of this section. Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interest of the city to accept. In awarding the contract, in addition to price, Council shall consider:
1. The ability, capacity and skill of the bidder to perform the contract or to provide the service required;
2. Whether or not the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. The quality of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
6. The sufficiency of financial resources and the ability of the bidder to perform the contract or provide the service;
7. The quality, availability and adaptability of supplies or contractual services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
9. The number and scope of conditions attached to the bid; and
10. Whether or not the bidder has a place of business in the city.
(B) Open market procedure. All work and purchases of supplies, materials and services of less than the estimated value of $10,000, or $30,000 in the case of public works contracts as described in division (A)(2)(c), shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed in this section for the award of formal contracts.
(C) Professional services. All contracts for professional services, including but not limited to attorneys, engineers, real estate appraisers, auditors, architects and city planners, may be entered into by the city without observing the bidding procedures prescribed by this section for the award of formal contracts.
(D) Emergencies. In cases of an apparent emergency which requires immediate work or purchase of supplies, materials or services, Council may secure, by open market procedure as set forth in this section, at the lowest obtainable price, any work, supplies, materials or services regardless of the amount of the expenditure.
(E) Cooperative purchasing. The city may join with other units of government in cooperative purchasing plans when the best interest of the city would be served thereby.
(Ord. 87-54, passed 11-10-1987; Ord. 04-35, passed 8-24-2004; Ord. 23-36, passed 12-26-2023)