Arcadia Municipal Code Div. 3 Formal Contract Procedure

Purchases and contracts for supplies, materials and equipment, other than Public Works Projects, professional services, other contractual services and the sale of personal property, in an amount greater than thirty thousand dollars ($30,000) may be awarded by the City using a formal contract procedure pursuant to the following requirements:

Contracts shall be awarded to the highest or lowest bidder, as the case may be, pursuant to the procedures established in this Division and the Purchasing Procedure Manual.

Notice inviting bids shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening of bids.

Notice inviting bids shall be published in a newspaper of general circulation and published in the City at least ten (10) days prior to the scheduled opening of bids. If there is no newspaper of general circulation, the notice inviting bids shall be posted in at least three (3) public places in the City that have been designated by City Council resolution as appropriate placed for the posting of public notices

The Administrative Services Director or using department shall maintain a list of qualified contractors, suppliers and vendors, identified according to categories of work or supplies. The Administrative Services Director or using department shall also solicit sealed bids from responsible, prospective suppliers and bidders whose names are on the Bidders' List or who have requested their names to be added thereto.

When deemed necessary by the Administrative Services Director, bidder's security may be prescribed in the public notice inviting bids. If bid security is prescribed, the same type and rate of security shall be required of each bidder, and no contract may be awarded to any bidder failing to post the required bid security except upon approval of the City Council. Each bidder shall be entitled to the return of his bid security within sixty (60) days after the opening of bids for which security was posted or upon execution of a contract with the City by the successful bidder, whichever occurs first; provided that a successful bidder shall forfeit his 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, upon the refusal or failure of the successful bidder to execute the contract, award it to the next responsible bidder. Alternatively, the City Council may decide to reject all bids and rebid the contract. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidders 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 original lowest bidder.

Sealed bids shall be submitted to the City Clerk and shall be specifically 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 available for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

At its discretion, the City Council may reject any and all bids presented and readvertise for bids.

Contracts shall be awarded by the City Council to the lowest or highest responsive and responsible bidder, as the case may be, except as otherwise provided herein.

If two or more bids received are for the same total amount or unit price, invoice and delivery terms, 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 tie bidders at the time of the bid opening.

The City Council shall have the 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.