Stockton Municipal Code

Chapter 3
ADMINISTRATIVE

Part IX
BIDDING, CONTRACTING, AND PURCHASING PROCEDURES

Division II
COMPETITIVE BIDDING PROCEDURES

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SEC. 3-107. WHEN ADVERTISING REQUIRED:
Except as otherwise provided in this Part, where the cost of services or supplies required by the City of Stockton equals or exceeds twenty thousand dollars ($20,000.00), the City Clerk shall call for bids by advertising at least once in a newspaper of general circulation within the City of Stockton not less than ten (10) calendar days prior to the date set for receiving said bids.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-108. BID SECURITY:
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 of Stockton, in an amount determined by the City, but not to exceed ten percent (10%) of the aggregate amount of the bid. If the bidder to whom the contract is awarded shall, for thirty (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 sixty (60) calendar days. (Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-109. MULTIPLE BIDS:
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.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-110. FORM OF BIDS:
All bids shall be made upon forms prepared by the City of Stockton 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.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-111. WITHDRAWAL OF BIDS:
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.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-112. COLLUSION:
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.
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 of Stockton for all loss or damage which the City of Stockton may suffer thereby.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-113. OPENING OF BIDS — AWARDS — REJECTION OF BIDS:
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.
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.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-114. DISPOSITION OF BID SECURITY:
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.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)