A. Notice Inviting Formal Bids. Notice inviting formal bids shall be provided. At a minimum, the notice inviting formal bids shall: (1) distinctly describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of sealed bids; (4) state the date, time and place for the opening of sealed bids; and (5) include any other information required by state or local law.
B. Published Notice. The notice shall be published at least ten (10) calendar days before the date of opening the bids in a newspaper of general circulation and/or on the city’s website.
C. Bidder’s Security. At the city manager’s discretion, the city may require bids to be accompanied by one of the following forms of bidder’s security: (a) cash; (b) cashier’s check made payable to the city; or (c) a bidder’s bond executed by an admitted surety insurer made payable to the city. Such security shall be in an amount determined acceptable by the city manager. If bidder’s security is required, no bid shall be considered unless security in the form set forth above is enclosed with the bid.
D. Forfeiture of Security. If the successful bidder fails to execute the contract, the bidder’s security shall be forfeited to the city. The city council may on refusal or failure of the successful bidder to execute such contract award the contract to the next lowest responsible bidder. If the city council awards the contract to the second lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second low bid. The surplus, if any, shall be utilized to offset any and all costs of preparation and printing of plans, specifications, estimates of cost, publication of notices, and any surplus remaining shall be returned to the lowest bidder who fails to execute the contract.
E. Bid Opening. Bid opening shall be conducted in one of the following ways:
1. Sealed bids shall be submitted to the city clerk and shall be clearly identified with the bid number on the envelope. Upon receipt, the city clerk shall date and time stamp the envelope. Bids shall be opened in public at the time and place stated in the public notice.
2. Sealed bids shall be submitted on the city’s electronic bid management system. Bids shall be opened automatically on the electronic bid management system at the time stated in the public notice.
F. Review of Bids. The city shall review all bids received for completeness, accuracy, responsiveness to the invitation and bid documents, and the city’s experience with or knowledge of the qualification and reliability of each bidder and prepare a recommendation for the city council. The city council may waive any irregularities or discrepancies in each bid received.
G. No Bids. If no bids are received, the city council may abandon the procurement, re-advertise for bids, or have the procurement done in any manner that the city council may direct without further complying with this chapter.
H. Award of Contract. If awarded, the contract shall be awarded to the lowest responsible and responsive bidder. If two or more bids received are the same amount, the city council may decide which bid to accept and award.
I. Rejection of Bids. The city council may, in its sole and absolute discretion, reject any one or more items of a bid, reject any and all bids, or waive any irregularities or informalities in the bids or bidding process if deemed to best serve the interests of the city. After all bids are rejected, the city council may abandon the procurement, re-advertise for bids, or have the procurement done in any manner that the city council may direct without further complying with this chapter. (Ord. 2021-06-1524 § 2 (part))