(A) Advertising; bidders’ list.
(1) A notice inviting bids shall be published at least once in one or more public written communication mediums with a logical target audience for the solicitation at least ten business days preceding the last day set for the receipt of proposals. The notice shall include a general description of the goods or services to be purchased, shall state where bid blanks and specifications may be secured, and shall specify the time and place for opening of bids.
(2) (a) All responsible, interested suppliers may be added to the bidders’ list at their request.
(b) The City Administrator, or his or her designee, may also solicit sealed bids by sending prospective bidders a copy of the written notice inviting bids, or other notice that will acquaint them with the proposed purchase.
(B) Bid deposits.
(1) When it seems necessary by the City Administrator, bid deposits shall be prescribed in the public notices inviting bids. The amount of the deposits shall be 5% of the bids and shall be in the form of a certified check or bond.
(2) Unsuccessful bidders shall be entitled to the return of surety required by the Administrator within 30 calendar days after opening of bids.
(3) Upon the failure of a successful bidder to enter into a contract within seven calendar days after the city tenders the proposed contract, the bidder shall forfeit the bid deposit.
(4) Bids received after the bid date and time indicated on the invitation to bid may not be considered unless the delay was due to an error of the city.
(C) Submission and opening of bids.
(1) All bids shall be submitted to the Municipal Clerk by hand delivery or mail in a sealed condition, or electronic means as described in the notice for bids with proper identification contained on the envelope or on t he electronic file containing the bid.
(2) Bids shall be submitted at the designated place no later than the time stated in the public notice inviting bids.
(3) Bids shall be opened at a public meeting at the time and place stated in the public notice.
(4) A tabulation of all bids received shall be made available for public inspection.
(D) Award of contract.
(1) Proposals shall be evaluated by the responsible department head, City Administrator, and Director of Finance using only the criteria stated in the request and there must be adherence to any weighting that has been previously assigned. Once evaluation is complete, all responsive offerors shall be ranked from most advantageous to least advantageous to the city, considering only the evaluation factors stated in the request. If price is not an initial evaluation factor, negotiations shall be conducted with the top ranked responsive offeror for performance of the contract at a price that is fair and reasonable to the city. Should the City Administrator or Mayor be unable to negotiate a contract at a price that is fair and reasonable to the city, negotiations shall be formally terminated with the top ranked responsive offeror and negotiations commenced with the second most advantageous responsive offeror, and then the third and so on until a satisfactory contract has been negotiated. In conducting negotiations, there must be no disclosure of any information derived from proposals submitted by competing offerors.
(2) The City Administrator, or his or her designee, shall notify the successful bidder of the award made by the City Council.
(3) The contract shall be awarded to the responsive offeror whose proposal is determined in writing to be the most advantageous to the city, taking into consideration price and the evaluation factors set forth in the city request. The contract file shall contain the basis on which the award is made. The Administrator shall notify the successful bidder of the award made by the City Council. In determining the lowest responsible bidder, in addition to price, the Administrator and the City Administration shall consider such factors as:
(a) The ability, capacity and skill of the bidder to provide the services required;
(b) The capability of the bidder to perform and the contractor to provide the services promptly, or within the time specified without delay or interference;
(c) The character, integrity, reputation, judgement, experience and efficiency of the bidder;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
(g) The quality, availability and adaptability of the suppliers or contractual services to the particular use required; and
(h) The number and scope of conditions attached to the bid by the bidder, if any.
(4) When the award is not made to the lowest bidder, a full and complete statement of the reasons for the action shall be prepared by the City Administrator and filed with the other documents relating to the transaction.
(5) If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a bidder whose principal place of business is within the city, or if not within the city, within the county, if not within the county, then within the state:
(6) If no bids are received, quotations may be solicited by the City Administrator in the manner set forth in § 36.16(E).
(7) The City Council may reject any or all bids, in whole or in part, in order to protect any public interest.
(E) Bonds.
(1) To protect the interest of the city, the successful bidder for a contract for conservation, improvements or repair shall be required to furnish a performance bond and a payment bond in the amount of 100% on the proposed contract if deemed necessary by the City Administrator.
(2) If the bonds are not provided within ten calendar days of the award of the bid, the award shall be void.
(`95 Code, § 1-5-12) (Ord. 80-14, passed 11-4-80; Am. Ord. 86-37, passed 11-18-86; Am. Ord. 06-99, passed 2-16-99; Am. Ord. 09-99, passed 3-9-99; Am. Ord. 12-02, passed 8-27-2002; Am. Ord. 16-04, passed 9-14-04; Am. Ord. 14-17, passed 5-9-17)