Appendix 2702. Bidding procedures.

(a)

Purchases of supplies and equipment of an estimated value of greater [than] twenty-five thousand dollars ($25,000.00) shall be by written contract with the lowest responsible bidder after notice. Such notice shall invite sealed bids, include a general description of the supplies or equipment to be purchased, state where bid forms and specifications may be obtained, and specify the time and place for the opening of bids.

(b)

Such notice shall be published in a newspaper of general circulation printed and published in the city, or if there is none, it shall be posted in no fewer than three (3) public places in the city designated by ordinances for the posting of public notices. The city manager shall also mail a copy of such notice to anyone who has requested to be so notified.

(c)

All notices pursuant hereto shall be published, posted or mailed, as the case may be, not less than ten (10) days prior to the date specified for the opening of bids.

(d)

When deemed necessary by the city council, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to the return of bid security provided that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the city is responsible for the delay. 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, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

(e)

Bids shall be submitted to the city manager and shall be so identified on the envelope. Bids shall be opened at the time and place specified in the notice inviting sealed bids. Copies of all bids received by the city manager shall be retained by the city clerk for public inspection during regular business hours for not less than two (2) years following the bid opening.

(f)

The city council may reject any and all bids, may waive any irregularity in any bid and may re-advertise for bids.

(g)

In the event that the city council decides to award the contract, the contract shall be awarded to the lowest responsible bidder except as otherwise provided herein.

(h)

If two (2) or more bids received are for the same total amount or unit price, the city council may accept any one (1) of such bids or may accept the lowest bid made by negotiation with such bidders following the bid opening.

(i)

The city council shall have 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. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(Ord. No. 55, 4-11-84; Ord. No. 111, 8-5-86; Ord. No. 182, 3-27-91)