A. Competitive Bidding Required: Any work or other public improvement that is not to be paid for in whole or in part by special assessment or special taxation, when the expense thereof will exceed twenty thousand dollars ($20,000.00), shall be constructed either: 1) by a contract let to the lowest responsible bidder after advertising for bids, in the manner prescribed by ordinance; except, that any such contract may be entered into by the proper city officers without advertising for bids if authorized by a vote of two-thirds (2/3) of all the council members then holding office; or 2) in the following manner, if authorized by a vote of two-thirds (2/3) of all the council members then holding office: The proper city officer, to be designated by ordinance, shall superintend and cause to be carried out the construction of the work or other public improvement and shall employ exclusively for the performance of all manual labor thereon, laborers and artisans whom the city shall pay by the day or hour; and all material of the value of twenty thousand dollars ($20,000.00) and upward used in the construction of the work or other public improvement shall be purchased by contract let to the lowest responsible bidder in the manner to be provided in this section. However, nothing contained in this subsection shall apply to any contract by the city with the federal government or any agency thereof.
B. Advertisements For Bids: A notice inviting bids shall be published at least once in a newspaper with general circulation within the city. The newspaper notice required herein shall include a general description of the work to be performed or the articles to be purchased, shall state where specifications may be secured, and shall specify the time and place for opening bids. (Ord. 1243, 7-28-1998; amd. 2010 Code)
C. Bid Deposits:
1. When deemed necessary by the city council, bid deposits shall be prescribed in the public notices inviting bids.
2. Unsuccessful bidders shall be entitled to the return of their bid deposits upon the award of the contract by the city council.
3. A successful bidder shall forfeit any bid deposit required by city council upon failure on his part to enter into a contract within ten (10) days after the award.
4. Such bid deposit may be in the form of a certified check, bond, or letter of credit in an amount as specified in the advertisement for bids to ensure finalization of the contract and to indemnify the city against all loss, damages, and claims that may accrue against the city as a consequence of the granting of the contract.
D. Sealed Bids: Bids shall be submitted sealed to the city and shall be identified as bids on the envelope.
E. Opening And Tabulation Of Bids: Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be made by the city council or by the city clerk, in which event, a tabulation of the bids shall be furnished to the city council at its next regular meeting.
F. Rejection, Nonacceptance Of Bids:
1. The city, through its corporate authorities, shall have the authority to reject all bids or parts of all bids when the public interest will be served thereby.
2. The city shall not accept the bid of a contractor who is in default on the payment of taxes, licenses, or other money due the city.
G. Award Of Contract:
1. Authority: The city council shall have the authority to award contracts within the purview of this chapter.
2. Lowest Responsible Bidder: Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interests of the city to accept. In awarding the contract, in addition to price, the city council shall consider:
a. The ability, capacity, and skill of the bidder to perform the contract to provide the service required.
b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.
c. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
d. The quality of the performance of previous contracts or services.
e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.
f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
g. The quality, availability, and adaptability of the supplies or contractual services to the particular use required.
h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
i. The number and scope of conditions attached to the bid.
3. Performance Bonds: The city council shall have the authority to require a performance bond, before entering into a contract, in such amount as it shall find reasonably necessary to protect the best interests of the city and to conform to the statutory requirements for such bonds. (Ord. 1243, 7-28-1998)