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When deemed necessary by the purchasing agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten percent of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise.
(Ord. 567-21 Exhibit A, 2021; Ord. 3 § 1 (part), 1991: prior code § 3.12.170)
The purchasing agent shall have authority to require a faithful performance bond or other bonds in an amount reasonably necessary to protect the best interests of the city before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids.
(Ord. 567-21 Exhibit A, 2021; Ord. 3 § 1 (part), 1991: prior code § 3.12.175)
Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the purchasing office during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. In the event that the city utilizes an electronic bidding format, bids shall be submitted and opened in accordance with the instructions set forth in the notice inviting bids and related bid materials.
(Ord. 567-21 Exhibit A, 2021; Ord. 3 § 1 (part), 1991: prior code § 3.12.180)
In its discretion, the city council may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure herein above prescribed. However, when all bids exceed the authorized budgeted amount, the city manager may authorize rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed in this chapter.
(Ord. 567-21 Exhibit A, 2021; Ord. 3 § 1 (part), 1991: prior code § 3.12.190)
Except as otherwise provided in this chapter, formal bid contracts for materials and supplies over one hundred thousand dollars ($100,000.00) shall be awarded by the city council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the city council pursuant to findings and recommendations presented by the purchasing agent at the time of award of contract.
(Ord. 567-21 Exhibit A, 2021; Ord. 460 § 1 (part), 2011: Ord. 3 § 1 (part), 1991: prior code § 3.12.200)
If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if public interest will not permit the delay of readvertising for bids, the city council, city manager, or purchasing agent, at their prescribed authorization levels in this chapter may, in their discretion, accept one such bid or accept the lowest bid made by and after negotiation with the tie bidders at the time of bid opening or award of contract.
(Ord. 567-21 Exhibit A, 2021; Ord. 460 § 1 (part), 2011: Ord. 3 § 1 (part), 1991: prior code § 3.12.210)
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