[CC 1985 § 26-51; Ord. No. 6285 §§ 1, 2, 10-5-1987]
A.
All contracts for public improvements, except temporary
repairs which may be executed by day labor, shall be let to the lowest
and best bidder by the Council.
[CC 1985 § 26-52]
Whenever the Council shall order any work of a public nature
done in a part of the City for which a written contract is required,
it shall be the duty of the City Clerk to advertise for bids in some
newspaper printed in the City, by advertisement inserted seven (7)
consecutive times if the same be a daily paper, and for two (2) consecutive
times if the same be a weekly paper, that sealed proposals will be
received in his/her office up to a certain time to be stated in said
advertisement for doing said work, giving a general description of
the work and notice that the plans and specifications for the same
can be seen at his/her office, which plans and specifications shall
have been furnished by the City Engineer at or prior to the time of
the advertisement for bids. Such notice shall also contain the statement
of the fact that the City reserves the right to reject any and all
bids.
[CC 1985 § 26-53]
The City Clerk shall note on the back of each proposal the time
of receiving the same and shall file the same in his/her office for
reference. No proposals shall be filed by him/her unless it is securely
sealed and directed to the City Council. No proposals shall be withdrawn
from said officer or the seal broken by anyone until the meeting of
the City Council to examine the same.
[CC 1985 § 26-54; Ord. No. 6676 § 11, 2-1-1993]
A.
Required; Amount. Each bidder for any public work or improvement,
the cost of which shall exceed five hundred dollars ($500.00) shall
submit with his/her bid a certified check on some bank, payable to
the order of the Finance Director, in a sum equal to one percent (1%)
of the amount of his/her bid unless otherwise determined by the City
Council, as a guarantee that he/she will enter into a contract and
bond for the doing of the work.
B.
Return. The checks of unsuccessful bidders shall be returned
to them. Those contractors whose bids are accepted shall be held until
they have entered into a proper contract and bond as required by ordinance
with their bids, at which time such checks or bonds shall be returned
to them.
C.
Forfeiture. In case any person whose bid is accepted shall
fail, refuse or neglect to enter into written contract and proper
bond as required by this Article, within ten (10) days after the acceptance
of his/her bid, the certified check deposited by him/her shall be
forfeited to the City as liquidated damages on account of such failure
of such person to enter into the contract and bond as aforesaid.
D.
Disposition Of Moneys. All money realized from such checks
or bonds shall be paid into the City treasury and placed to the credit
of the general expense account.
[CC 1985 § 26-55]
After the time shall have expired for receiving proposals the
City Council shall convene and examine all bids submitted and shall
award the contract to the lowest and best bidder; provided that the
City Council shall have the right to reject all bids.
[CC 1985 § 26-56]
If the Council shall desire to accept any bid received for any
public work or improvement they shall accept the same by a majority
vote of the members elected to the Council, the yeas and nays to be
entered on the record of proceedings. Such an acceptance of a bid
shall be considered an award of the contract for the work or improvement
bid for and the successful bidder shall enter into a proper contract
and required bond within ten (10) days after the award is made.
[CC 1985 § 26-56.5]
A.
Contract. Every person to whom a contract for any public
work or improvement is awarded, shall within ten (10) days thereafter,
enter into written contract with the City to do and complete the same
according to the plans, specifications and ordinances, within the
time prescribed by ordinance or agreed upon between the City and contractor.
B.
Bond. At the same time every such contractor shall enter
into a bond in such sufficient amount as the City Council shall determine
with two (2) or more good and sufficient securities, or surety bond,
to be approved by the Mayor, conditioned that the contractor will
faithfully and in every particular comply with all the terms of his/her
contract and with the terms, conditions and requirements of the ordinances
of the City with reference thereto, or in any manner affecting or
controlling the terms of said contract and bond, and with the plans
and specifications for said work or improvement.
C.
Custody Of Documents. All such contracts and bonds shall
be filed in the office of the City Clerk where they shall be safely
kept and preserved, and shall be open to inspection by any person
interested therein and to none other except by the permission of the
City Clerk, except that the purpose of such inspection desired by
anyone else shall appear to be reasonable.
[CC 1985 § 26-57]
Whenever any contract shall be entered into for any public work,
such contract shall be signed on behalf of the City by the Mayor and
the seal of the City and by the contractors under their hands.
[CC 1985 § 26-58; Ord. No. 6676 § 28, 2-1-1993]
A.
Authority Of Director Of Municipal Services. All work done
under any contract entered into under the provisions of this Article
shall be done and carried on under the supervision and direction of
the Director of Municipal Services, who shall personally inspect the
work as it progresses and see that the same is done in accordance
with the plans, specifications, contract and ordinances governing
the same.
B.
Appointment, Authority Of Inspector. The Council shall
have the right to appoint a suitable and competent person as inspector
of any such work. The appointment of such person shall not, however,
relieve the Director of Municipal Services from a personal inspection
of the work and material used therein, as often as it may be deemed
necessary to ensure that the contract for the same shall be complied
with in every particular.
C.
Approval Of Work. On the completion of any such work, if,
in the opinion of the Director of Municipal Services, such work has
been completed in accordance with the contract, plans, specifications
and ordinances, he/she shall so report to the Council. If the Council
shall approve such report, such approval shall be deemed an acceptance
of the work by the City and the Council shall thereupon provide for
payment thereof, or issue special tax bills against the property liable
therefor in accordance with law and the ordinances of the City.
[CC 1985 § 26-59; Ord. No. 6180 § 1, 7-21-1986; Ord. No. 6676 § 11, 2-1-1993]
A.
The quantitative criteria for determining the degree of
formality to be observed for all contracts for public improvement
(other than those to be paid for by special tax bill) shall be as
follows:
1.
Contracts Under One Thousand Dollars ($1,000.00).
Budgeted purchases under one thousand dollars ($1,000.00) may be made
directly by the department heads without formality.
2.
Contracts From One Thousand Dollars ($1,000.00)
To Two Thousand Five Hundred Dollars ($2,500.00). For budgeted repairs
or improvements from one thousand dollars ($1,000.00) to two thousand
five hundred dollars ($2,500.00), the City Administrator of department
heads, without Council approval, shall solicit at least three (3)
bids, either in writing, by telephone, or both. The execution of the
bid requirement should be documented on a prescribed form, which form
shall include a statement from the Finance Director that the budgeted
funds are available for immediate disbursement. The bids shall be
submitted to the City Council for subsequent award of the contract
of services to the lowest responsible bidder who submits a responsive
bid which is not advantageous to the City (hereafter referred to as
the "lowest responsible bidder").
3.
Contracts Over Two Thousand Five Hundred Dollars
($2,500.00). Whenever any contemplated purchase or contract for services
is for more than two thousand five hundred dollars ($2,500.00), the
City Council, by motion, or the City Administrator shall direct the
City Clerk to solicit at least three (3) written sealed bids for the
items or services. The City Council shall award the purchase or contract
of services to the lowest responsible bidder.
4.
Solicitation Of Bids. Whenever any contemplated purchase or contract for services requires solicitation for bids, the City Clerk, upon request of the City Administrator, a department head or by order of the City Council, shall cause to be published in no less than one (1) issue of a newspaper of general circulation in the City a notice inviting bids. The first such notice shall be published at least seven (7) days prior to the date set for the receipt of the bids. Such notice shall include a general description of the repairs or improvements and the time and place for opening bids. In addition, the City Clerk shall post a notice inviting bids in the City administrative offices and may mail to all responsible prospective contractors for services performed a copy of the notice inserted in the newspaper as required in this subsection. This provision shall not apply to those cases in which bids are solicited by telephone as set forth in Subsection (A)(2) hereof.
5.
Notwithstanding any provision of this Section,
bids may be opened and reviewed in public by a Council committee,
or by the City Administrator, City Clerk and department head meeting
together, and subsequently reported to the Council for its consideration
and award.
6.
Notwithstanding any provision of this Section,
the City Administrator may, with Council approval, extend any contract
awarded hereunder for the same or similar projects by no more than
fifty percent (50%) of the original contract amount.
7.
The provisions of Sections 510.340, 510.350 and 510.380 shall apply to any contract awarded hereunder only if said contract is in excess of twenty-five thousand dollars ($25,000.00). For contracts less than twenty-five dollars ($25,000.00), the City Administrator may establish requirements for bid bonds, bonding and contracts as he/she deems necessary.
