Purchases with an estimated value of twenty-five thousand dollars ($25,000) or more shall be made as follows:
(a) Purchases of twenty-five thousand dollars ($25,000) or more require city council approval.
(b) A “notice inviting bids” shall be prepared and shall include a general description of the goods or services to be purchased or sold, where bid instructions and specifications may be obtained, the time and place for bid openings, and whether a bid deposit or bond, or other security, such as performance, payment or maintenance bonds, will be required.
(c) A “notice inviting bids” shall be advertised at least once in a Newspaper of general circulation in the city at least ten (10) days prior to the opening of bids. The purchasing officer may advertise the “notice inviting bids” in applicable publications and websites accessible to the public.
(d) When required by law or deemed appropriate by the purchasing officer, and if included in bid instructions, bidders shall submit a bid deposit or bond in an amount determined by the purchasing officer. Bidders shall be entitled to return of bid security, except that a successful bidder (and a successful bidder’s - surety, if a bid bond is required) shall be liable for any damages suffered or incurred by the city upon refusal or failure to execute a contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay.
(e) The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder following a forfeit of the bid security by the lowest bidder, the amount of the lowest bidder’s bid security shall be applied by the city to the difference between the low bid and the second lowest bid; the surplus, if any, shall then be returned to the lowest bidder.
(f) When deemed appropriate by the purchasing officer, and if included in bid instructions, any person or entity entering into a contract with the city shall furnish a faithful performance deposit or bond in an amount determined by the purchasing officer.
(g) Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be available for public inspection in accordance with the California Public Records Act.
(h) Award of contracts/minor irregularities. Contracts may be awarded by the city council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended. The city council may waive any bid defect or irregularity.
(i) Tie bids. If two or more 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 or re-advertising for bids, the city council may accept either bid, or accept the lowest bid offered following negotiations with the tie bidders.
(j) Performance/labor/materials bonds. A labor and materials bond, plus a performance bond may be required, from an acceptable surety, in such amounts and in such a form as the purchasing officer finds reasonably necessary to protect the public interest.
(Ord. 18-953 § 2 (part), 2018)