Except as otherwise provided in this chapter, where the cost
of services or supplies required by the City exceeds $100,000.00,
the City Clerk shall call for bids by advertising at least once in
a newspaper of general circulation within the City not less than 10
calendar days prior to the date set for receiving said bids.
(Prior code § 3-107; Ord. 2015-01-27-1501-01 C.S. § 5; Ord. 2021-11-02-1502 C.S § 4)
When the City deems it to be advisable, each bidder shall be
required to submit as security with the bid, a bid bond, cash or other
acceptable financial instrument in favor of and payable at sight to
the City, in an amount determined by the City, but not to exceed 10
percent of the aggregate amount of the bid. If the bidder to whom
the contract is awarded shall, for 30 days after receipt of such award,
fail or neglect to enter into the contract and file any required performance
bond and/or labor and material bond, the bid security shall be forfeited
and the City Finance Director shall draw the money due on such bid
security and pay the same, or any cash deposited, into the City Treasury.
The bid security shall not be returned to the defaulting bidder in
such case unless the City Council approves the return thereof in whole
or in part. Upon good cause being shown, the City may extend the time
for the bidder to enter the contract for a period not to exceed an
additional 60 calendar days.
(Prior code § 3-108)
No person, firm, or corporation shall be allowed to make or
file or be interested in more than one bid for the same supplies,
services or both; provided, however, that subcontract bids to the
principal bidders are excluded from the requirements of this section.
(Prior code § 3-109)
All bids shall be made upon forms prepared by the City and furnished
upon application. All bids shall be clearly and distinctly written
and if any erasure or interlineation occurs therein, said erasure
or interlineation must be initialed by the person authorized to prepare
and execute the bid before the bid is filed with the City Clerk.
(Prior code § 3-110)
Any bid may be withdrawn at any time prior to the time fixed
in the public notice for opening of bids by written request for withdrawal
of the bid filed with the City Clerk. The request shall be executed
by the bidder or a duly authorized representative. The withdrawal
of bid does not prejudice the right of the bidder to file a new bid.
Whether or not bids are opened exactly at the time fixed in the public
notice for the opening of bids, a bid will not be received after that
time, nor may any bid be withdrawn after the time fixed in the notice
for the opening of bids.
(Prior code § 3-111)
A.
Each
bid shall contain an affidavit of the bidder that such bid is genuine
and not a sham or collusive, and that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a sham
bid or to refrain from bidding, and that the bidder has not in any
manner sought by collusion to secure to itself an advantage over any
other bidder. Any bid made without such affidavit and any contract
let thereunder shall be void unless a correct affidavit is received
after the bid deadline, and accepted by approval of the City Council.
B.
If at
any time it shall be found that the person, firm or corporation to
whom a contract has been awarded has, in presenting any bid or bids,
colluded with any other party or parties, then the contract so awarded
may at the City's election be declared null and void and the contractor
and surety shall be liable to the City for all loss or damage which
the City may suffer thereby.
(Prior code § 3-112)
A.
All
bids shall be sealed, identified as bids on the outside envelope,
and submitted to the City Clerk at the place and time specified in
the public notice inviting bids. Bids shall be opened by the City
Clerk or a designated representative, in public, at the time and place
designated in the notice inviting bids. Bids received after the specified
time shall not be accepted and shall be returned to the bidder unopened.
B.
Within
the time set forth in the specifications, the City Council shall award
a contract to the lowest and best regular responsible bidder, or reject
all bids.
(Prior code § 3-113)
All bid securities or bid bonds shall be returned to the unsuccessful
bidders after award of the contract to the successful bidder. The
bid security or bid bond of the successful bidder shall be returned
after execution of the contract and deposit of any required performance
bond and/or labor and materials bond.
(Prior code § 3-114)
