Municipal Code

3.24.110 Formal bidding procedures.

All city purchases subject to the provisions of this chapter except where the city council determines that competitive bidding is impractical or impossible or except as otherwise provided herein, when the estimated cost thereof shall exceed twenty thousand dollars, shall be purchased by formal written contract with the bidder submitting the lowest responsive responsible bid, after due notice inviting bids.

A. Notice Inviting Sealed Bids. Notice inviting sealed bids shall include a general description of the supplies, equipment, material or service and details on bond requirements and shall be published by the purchasing agent at least once in a newspaper of general circulation at least ten days before the last day set for the receipt of bids as designated in the notice. In the event a newspaper of general circulation is unable to publish such notice for any reason, the purchasing agent shall post such notice in at least three public places in the city designated as places for posting public notices. In the event the item(s) or service(s) to be purchased is not identified to be purchased in the budget, the city council shall authorize the notice inviting sealed bids.

B. Bidders’ List. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers who have requested that their names be added to a “bidders’ list” which the purchasing agent shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase.

C. Bidders’ Security. The purchasing agent may require bidders’ security in an amount deemed appropriate or applicable either by cash, certified or cashier’s check, or surety bond approved by the city attorney. In the event a bidders’ security is required, no bid shall be considered unless the required security is submitted therewith. Bidders shall be entitled to the return of such security; provided, however, that a successful bidder shall forfeit his or her bid security upon refusal or failure to execute a contract within fifteen days after notice of award of a contract has been mailed, unless the city is responsible for the delay. Upon refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest bidder, the amount of the lowest bidder security shall be applied by the city to the difference between the low bid and the second lowest bid.

D. Bid Opening. Sealed bids shall be submitted to the city clerk, who shall open them in public, at the time and place stated in the notice inviting bids. The city clerk may delegate his or her responsibilities of this subsection to responsible assistants and deputies.

E. Compilation of Bids and Recommendations. Following the opening of bids the purchasing agent shall compile all bids and submit them to the city manager together with a recommendation of award, taking into consideration any recommendation of the department head involved, the amount of bid, as well as whether the bidder’s bid is responsive, as set forth below, and whether the bidder is responsible as set forth below. For purposes of this chapter a bidder’s bid is deemed responsive if it conforms in all material respects to the requirements set forth in the notice or the invitation for bids. A bidder is

deemed responsible for purposes of this chapter if the bidder has the capability in all respects to perform fully the contract or bid requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.

The city manager shall submit his or her recommendation with respect to an award to the city council; provided, however, that the purchasing agent may reject any or all bids for any one or more commodities or contractual services included in the proposed contract if he or she determines that the public interest will be served thereby.

F. Council Action Following Recommendation. The city council may make an award of contract to the lowest responsible bidder submitting the best bid in all respects.

G. Council Rejection of Bids. In its discretion, the city council may reject any or all bids, and may authorize the readvertising of bids, or in the alternative, may authorize the purchase or service, pursuant to the open market procedure set forth herein, when either of the following circumstances are found to exist:

1. That the supplies or services may be purchased at less cost in the open market;

2. That the services or supplies are urgently required for the preservation of life, health or property or that the public interest would best be served by using the open market procedure set forth in this chapter.

H.  Tie Bids. In the event two or more bids received which are for the same total amount or unit price and in all other respect are equal, the city council may award the contract to the local bidder, if any, or by lot.

I. Performance Bond. The purchasing agent shall have the authority to require a performance bond in such amount as he or she shall find reasonably necessary to protect the best interests of the city. If a performance bond is required, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 428 § 1, Exh. A (part), 2002: Ord. 230 § 1, 1989; Ord. 87 § 11, 1983)