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ORDINANCE NO. 1231 AN ORDINANCE OF THE CITY OF COLTON AMENDING SECTION 9 OF ORDINANCE NO. 1080 AN ORDI- NANCE OF THE CITY OF COLTON PROVIDING FOR THE PURCHASE AND SALE OF SUPPLIES, SERVICES AND EQUIPMENT. THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS r OLLOWS: Section 1. That Section 9 of Ordi- nance No. 1060 is hereby amended to read as follows: Section 9. Formal Contract Proce- dure Purchase of supplies, services and equipment of estimated value great- er than $2500.00 shall be by written contract with the lowest and best bidder, pursuant to the procedures and requirements prescribed herein. a) Notice Inviting Bids. Notices in- viting bids shall include: 1) Certification by the City Clerk of the City of Colton that the City Council has authorized the publica- tion or posting of notices inviting bids for supplies, services or equip- ment described therein. 2) A general description of the articles to be purchased. 3) The office or place where con- tract documents may be obtained and the amount of fee, if any, to be charged for copies of contract documents. Contract documents will consist of the Notice Inviting Bids. Bid Sheet, Bid Specifications and Form of Agreement as prepared and required by the City of Colton. 4) The office or place where sealed bids shall be received and publicly opened, declared and ex- plained. 5) The hour and date that sealed bids shall be publicly opened de- clared and explained. 6) The amount of bid security, if any, so required by this Ordinance. b) Published Nonce. If publication is designated as the means of giving notice, such notice inviting bids shall be published in a newspaper of gen- eral circulation printed and publish- ed 1n the City of Colton, or if there be none, it shall be pposted yin ac- cordance with Section C following: Notices for public projects shall be published at least twice, not less than 5 days apart. All other notices shall be published at least once. C) Posted Notice. If posting is des- ignated as the means of giving notice such notice inviting bids shall be Fin and at the City Hall, Col- ton, California. d) Bidders List. The Purchasing Agent of the City of Colton shall also solicit bids from all responsible prospective suppliers who have filed a request with the Purchasing Agent to be placed on a bidders list main- tained by the Purchasing Agent. e) Bid Security. All bids submitted shall be accompanied by a bid secur. ity of not less than 10% of the bid so submitted. The bid amount shall include all taxes, freight and/or handling charges and all other costs to be paid by the City of Colton. f) Form of Bid Security. The bid security shall be in the form of cash, cashier's check, certified check, sign- ed by a responsible bank or a bond Issued by a standard surety company. All checks or bonds submitted shall' be payable to the City of Colton. g) Waiver of Bid Security. The City Council of the City of Colton, may, at the time of authorizing the publi- cation or posting of the notice invit- ing bids, waive the bid security re- quirements of this Ordinance, such waiver being so stated in the author- ization of the notice inviting bids; however. no such waiver may be authorized on public projects as de- fined by Section 37901 of the Govern- ment Code of the State of California. h) Bid Opening Date. Sealed bids shall be opened on the hour and date stated in the notice inviting bids. Such hour and date shall not be less than eleven calendar days after the first day of publication or posting of the notice inviting bids. 1) Bid Opening Procedure. All bids shall be publicly opened, declared and explained by the Purchasing Agent of the City of Colton. The Purchasing Agent shall tabulate all bids received and forward copies of this tabulation to the City Depart. ment(s) so concerned, the City Man- ager and the City Clerk. The tabu. lation shall be open for public in- spection at the office of the Pur. chasing Agent during regular busi- ness hours for a period of not less than thirty calendar days after the bid opening date. Bid securities re- ceived by the Purchasing Agent will be filed with the City Clerk. J) Rejection of Bids. The City Man- ager shall present the tabulation of bids received to the City Council. In its descretion, the City Council may reject any or all bids and authorize the re -advertising for bids. k) Award of Contract. Contracts shall be awarded by the City Coun- cil to the lowest and best bidder ex- cept as provided herein. 1) Tie Bids. If two or more bids are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the re -advertising or re - posting for bids, the City Council may accept the one it chooses or ac- cept the lowest bid made by negotia- tion with the tie bidders at the time of awarding the contract. m) Performance Bonds. The City Council may require performance bond of the successful bidder before entering a contract. The amount of the bond shall be in an amount that the City Council finds reasonable to protect the best interests of the City. If the City Council requires a performance bond, the form and amount shall be stated in the bid specifications. n) Labor and Materials Bonds. The City Council may require a labor and materials bond of the successful bidder before entering a contract. The amount of the bond shall be in an amount that the City Council finds reasonable to protect the best interests of the City. If the City Council requires a labor and mater- ials bond, the form and amount shall be stated in the bid specifications. o) Forfeiture of Bid Security. A successful bidder shall forfeit his bid security upon refusal or failure to execute a contract with the City of Colton within ten days after the notice of award of contract has been mailed by the City Clerk, unless the City is responsible for the delay. The City Council may then award the contract to the second lowest bidder and apply the amount of the forfeited bid security to the dif- ference between the low bid and the second low bid. p) Release of Bid Security. Bidders shall be entitled to return of bid security at such time that the City Council has awarded the bid and ex- ecuted a contract with the success- ful bidder or upon rejection of the bid or bids by the City Council. Section 2. Publication of Ordi- nance. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in the Colton Courier a newspaper of general circulation within the City of Colton. PASSED. ADOPTED AND AP. PROVED this 20th day of April, 1965. JOHN M. COLTRIN Mayor ATTEST: ELIZABETH DAVIS City Clerk I HEREBY CERTIFY that the fore- going Ordinance was passed by the City Council of the City of Colton at a regular meeting thereof held on the 20th day of March, 1965, by the following vote, to wit: AYES: Councilmen Coltrin. Kaney, Holtzendorff. Oliva. Spragins NOES: Councilmen None ABSENT: Councilmen None ELIZABETH DAVIS City Clerk