Red Bluff Municipal Code § 2.68 Purchasing and Sales Policy

Purchases of supplies, services and equipment in amounts of more than $60,000, and of public works projects in amounts of more than $200,000, shall be by written contract with the lowest responsible bidder, pursuant to the formal bid procedures specified hereinbelow.

(`61 Code, § 2.68-1) (Ord. 906, passed 6-15-1999; Am. Ord. 1073, passed 4-18-2023; Am. Ord. 1080, passed 3-5-2024)

For all purchases of supplies, services and equipment and public works projects made pursuant to this section, bids shall be invited by written notices in the form and published as follows:

(A) The Council shall authorize the advertisement of any formal bid

(B) Notices inviting bids shall include, among other things, the following information:

(1) A general description of the supplies, services, equipment or public works projects to be purchased;

(2) The location where bid forms and specifications may be secured;

(3) The time and place for opening of bids; and

(4) The type and character of bidder's security required, if any.

(C) Notices inviting bids shall be published once in the official newspaper of the city at least two weeks prior to the date set for the opening of bids.

(`61 Code, § 2.68-2) (Ord. 906, passed 6-15-1999; Am. Ord. 1073, passed 4-18-2023; Am. Ord. 1080, passed 3-5-2024)

(A) Bidder's security may be required when deemed necessary by the Purchasing Officer for the purchase of supplies, services and equipment. Bidder's security shall be required for public works project purchases. Bidders shall be entitled to return of the security.

(B) (1) However, the lowest responsible bidder shall forfeit his or her bidder's security upon refusal or failure to execute a contract within ten days after a notice of contract award unless the city is responsible for the delay.

(2) The contract may then be awarded to the next lowest responsible bidder upon the refusal or failure of the lowest bidder to execute the contract within the time herein prescribed.

(C) In the event the contract is awarded to the next lowest responsible bidder, for the reasons aforesaid, then the Purchasing Officer, in his or her sole discretion and election, may return to the lowest bidder the difference, if any, between the lowest bidder's security and the second lowest bidder's bid after first deducting therefrom any costs determined by the Purchasing Officer to have been incurred by the city as a result of the lowest bidder's failure or refusal to execute the contract within the prescribed time.

(`61 Code, § 2.68-3) (Ord. 906, passed 6-15-1999; Am. Ord. 1073, passed 4-18-2023; Am. Ord. 1080, passed 3-5-2024)

(A) (1) Sealed bids shall be submitted to the Purchasing Officer.

(2) Bids shall be identified as such on the envelope in which they are submitted in the manner prescribed in the notice inviting bids. Bids shall be opened in public at the time and place stated in the notice.

(B) A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 90 days after the bid opening date.

(`61 Code, § 2.68-4) (Ord. 906, passed 6-15-1999; Am. Ord. 1073, passed 4-18-2023; Am. Ord. 1080, passed 3-5-2024)

The Purchasing Officer, in his or her sole discretion, may;

(A) Reject any bid that fails to meet the bidding requirements in any respect;

(B) Reject all bids for any reason whatsoever and may re-advertise for new bids; or

(C) Waive minor irregularities in any bid.

(`61 Code, § 2.68-5) (Ord. 906, passed 6-15-1999; Am. Ord. 1073, passed 4-18-2023; Am. Ord. 1080, passed 3-5-2024)

(A) Contracts of less than $2,000,000 value shall be awarded to the lowest responsible and responsive bidder by the Purchasing Officer if such purchases of supplies, services and equipment and public works projects is included in the current approved budget.

(B) Contracts of $200,000 value or more shall be awarded to the lowest responsible and responsive bidder by the City Council, upon recommendation of the Purchasing Officer.

(C) If two or more bids received are for the same total amount or unit price, quality and service being equal, and further, if in the sole discretion of the Purchasing Officer or the City Council, as applicable, the public interest will not permit the delay of re-advertising for bids, then the bid may be awarded by drawing lots, by negotiation with the tie bidders or by any other alternative fair and equitable procedure.

(`61 Code, § 2.68-6) (Ord. 906, passed 6-15-1999; Am. Ord. 1073, passed 4-18-2023; Am. Ord. 1080, passed 3-5-2024)

All contracts shall be in writing, approved as to form by the City Attorney and executed in the name of the city by the Purchasing Officer.

(`61 Code, § 2.68-7) (Ord. 906, passed 6-15-1999; Am. Ord. 1073, passed 4-18-2023; Am. Ord. 1080, passed 3-5-2024)

The Purchasing Officer shall have authority to require, as a condition of executing a contract for and on behalf of the city, a performance bond or a labor and material bond, or both, in the amounts as the Purchasing Officer shall determine to be reasonably necessary to protect the best interests of the city. The form and amounts of the bond or bonds, if required, shall be described in the notice inviting bids.

(`61 Code, § 2.68-8) (Ord. 906, passed 6-15-1999; Am. Ord. 1073, passed 4-18-2023; Am. Ord. 1080, passed 3-5-2024)

(A) Any contract may provide for progressive payments to the contractor. A 5% retention shall be held from each progress payment.

(B) A final payment, including all retentions, shall not be made before:

(1) Full and satisfactory completion of the work performed under the contract;

(2) Acceptance thereof by the proper officer, department, board or commission of the city; and

(3) The time for filing liens, as provided by law, has expired.

(`61 Code, § 2.68-9) (Ord. 906, passed 6-15-1999; Am. Ord. 1073, passed 4-18-2023; Am. Ord. 1080, passed 3-5-2024)