3.32.090 Formal bid procedure.
Except as otherwise provided in this chapter, purchases of supplies, services and equipment of an estimated value greater than fifteen thousand dollars shall be by written bid with city council approval prior to award to the lowest responsible bidder, pursuant to the procedure prescribed in this section.
A. Notice Inviting Bids. Notice inviting bids shall include a general description of the supplies, service or equipment to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
1. Published Notice. Notice inviting bids shall be published at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city.
2. Bidder's List The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list or who have requested their names to be added thereto.
B. Bidder's Security. When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten 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 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.
C. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer 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 open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.
D. Rejection of Bids. In its discretion, the city council may reject any and all bids and readvertise for bids.
E. Award of Bids. Bids shall be awarded by the city council to the lowest responsible bidder except as otherwise provided in this chapter.
F. Tie Bids. If two or more bids received are the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council may accept the one it chooses or accept the lowest bid made by negotiation with the bidders at the time of the bid opening.
G. Performance Bonds. The purchasing officer shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the purchasing officer requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
H. Right of Negotiation. The purchasing officer shall have the authority to negotiate contractual provisions, performance requirements, price and tradeoff considerations as part of the source selection process. (Ord. 96-05, 1996; Ord. 88-16 Art. 1 § 8, 1988)