[HISTORY: Adopted by the City Council of the City of Waverly Ch. 2, Art. VI, of the 1973 Code; amended in its entirety 4-3-2012 by Ord. No. 12-2. Subsequent amendments noted where applicable.]
Administration of government.
All purchases of material, equipment, supplies, services, or public works shall be made as provided in this article.
All purchases of materials, equipment, supplies or services on behalf of the City in an amount not exceeding $5,000 shall be made at prices most favorable to the City, and receipts for such purchases shall be filed with the City Clerk.
Any purchase of material, equipment, supplies or services in an amount exceeding $5,000 shall be by a contract let to the lowest responsible bidder after advertising for bids, except that such contract may be entered into by the proper City officers without advertising for bids if authorized by a vote of 2/3 of the Aldermen then holding office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any public work or public improvement (construction) which is not to be paid for in whole or in part by special assessment or special taxation, when the expense thereof will exceed $25,000, shall be constructed by a contract let to the lowest responsible bidder after advertising for bids, except that any such contract may be entered into by the proper City officers without advertising for bids if authorized by a vote of 2/3 of all the Aldermen then holding office.
Notice. A notice inviting bids shall be published at least once 10 days in advance of the announced date for receiving the bids in a newspaper with general circulation within the City. The City shall also advertise all pending work or purchases by posting a notice on the public bulletin board in the City Hall. In addition, the notice inviting bids may be published in any other newspaper, trade journal or other publication to the extent deemed necessary and in the best interests of the City, and/or as required by state or federal law. In the event the Council determines there is no possible person and/or entity who or which could be expected to submit a bid for a contract located within the area of general circulation of the Waverly Journal, then the Council shall not be required to publish the notice in the Waverly Journal.
Scope of notice. The newspaper notice required herein shall include a general description of the work to be performed or the articles to be purchased, shall state where specifications, if any, may be secured, shall state how and when bids are to be submitted, and shall specify the time and place for opening bids.
When deemed necessary by the Council, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposits upon the award of the contract by the Council. A successful bidder shall forfeit any bid deposit required by the Council upon failure on its part to enter into a contract within the appropriate number of days.
Such bid deposit may be in the form of a certified check, bond, or letter of credit in an amount as specified in the advertisement for bids to ensure finalization of the contract and to indemnify the City against all loss, damages, and claims that may accrue against the City as a consequence of the granting of the contract.
Bid opening procedure.
Bids shall be submitted sealed to the City and shall be identified as bids on the envelope.
Bids shall be opened in public at the time and place stated in the public notice.
A tabulation of all bids received shall be made by the Council, a City employee, or other designee, in which event a tabulation of the bids shall be furnished to the Council at its next regular meeting.
Rejection of bids. The City, through its corporate authorities, shall have the authority to reject all bids or parts of all bids when the public interest will be served thereby.
Bidders in default to City. The City shall not accept the bid of a contractor who is in default on the payment of taxes, licenses, or other money due the City.
Authority in City. The Council shall have the authority to award contracts within the purview of this section.
Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interests of the City to accept. In awarding the contract, in addition to price, the Council may consider:
The ability, capacity, and skill of the bidder to perform the contract to provide the service required;
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
The quality of the performance of previous contracts or services;
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
The number and scope of conditions attached to the bid; and
Such other factors or circumstances as may fairly and reasonably reflect on a bidder's ability or responsibility to perform the contract.
The Council of Aldermen shall have the authority to require a performance bond, before entering into a contract, in such amounts as it shall find reasonably necessary to protect the best interests of the City and to conform to the statutory requirements for such bonds.
All contracts for professional services, including, but not limited to, accountants, attorneys, engineers, real estate appraisers, and architects, and any other profession whose ethical code prohibits or discourages involvement in normal bidding procedures, may be entered into by the City without observing the bidding procedures prescribed above.
Regular employment contracts in the municipal service shall likewise be exempt from the provisions of this chapter.
In case of an apparent emergency that requires immediate work or purchase of supplies, materials or services, the Council shall be empowered to secure by open market procedure as set forth above, at the lowest obtainable price, any work, improvement, equipment, materials or supplies, regardless of the amount of the expenditure. A finding of such an emergency shall be made in an affirmative vote of at least 2/3 of the Aldermen at the time of such emergency contract or no later than the first regular Council meeting thereafter.
The City shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served thereby.
To the extent state and/or federal law and regulations require additional bidding requirements for public works and purchase of supplies, materials or services involving the use of state and/or federal funds, the City shall comply with said laws and regulations.
Contracts for utilities (electricity and natural gas), cable television, telephone, and internet services may be entered into by the City without observing the bidding procedures prescribed above for the award of contracts.