Belmont Municipal Code Div. 3 Formal Contract Procedure

Except as otherwise provided in this chapter, purchases and contracts for supplies and equipment greater than the amount in section 2-29(d) shall be by written contract with the lowest responsive and responsible bidder under the bidding procedures described in this division.

(Ord. No. 992, § 1, 7-22-03; Ord. No. 1074, § 2, 12-10-13; Ord. No. 2024-1179, § 7, 7-23-24; Ord. No. 2025-1190, § 4, 9-23-25)

(a) Notices inviting bids shall include, but not be limited to, the following:

(1) A general description of the item(s) to be purchased, or the public work to be constructed or improved;

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

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

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

(5) The location and deadline for submission of bids.

(b) The city shall issue a written notice inviting bids at least 10 calendar days before the bid deadline, by posting the notice on the designated public bulletin boards, and by mailing the notice to qualified potential contractors on the bidders list, or by such other means which, in the discretion of the purchasing officer, provide notice to a reasonable number of potential contractors.

(c) Sealed bids shall be identified as bids on the envelopes and shall be submitted to the purchasing officer.

(Ord. No. 992, § 1, 7-22-03; Ord. No. 2024-1179, § 8, 7-23-24)

Bidder's security may be required when deemed necessary by the purchasing officer or designee. Unsuccessful bidders shall be entitled to return of bid security. The successful bidder shall forfeit its bid security upon refusal or failure to execute a contract within fifteen days after notice of award of that contract. In that instance, the contract may be awarded to the next lowest responsive and responsible bidder upon the refusal or failure of the successful bidder to execute the contract within the time herein prescribed.

(Ord. No. 992, § 1, 7-22-03)

Sealed bids shall be opened in public at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be made available for public inspection thereafter. All bids shall be retained on file for a period of not less than two (2) years.

(Ord. No. 992, § 1, 7-22-03)

The purchasing officer or designee may reject:

(a) Any bid that fails to meet the bidding requirements in any respect; or

(b) All bids, for any reason whatsoever, and may readvertise for new bids.

(Ord. No. 992, § 1, 7-22-03)

Contracts shall be awarded to the lowest responsive and responsible bidder, except if, at the time of the bid opening, two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay for readvertising for bids, then the contract will only be awarded after negotiations with the tie bidders.

(Ord. No. 992, § 1, 7-22-03)

The purchasing officer or designee may require as a condition to executing a contract on behalf of the city, a performance bond, a labor and material bond, or both, in such amounts as the purchasing officer shall determine appropriate to protect the best interests of the city. The form and amounts of such bond(s) shall be described in the notice inviting bids.

(Ord. No. 992, § 1, 7-22-03)

In addition to the bid or quotation price, criteria for determining the lowest responsive and responsible bid or quotation, for the purposes of this chapter, shall include, but not be limited to, the following:

(a) The character, integrity, reputation, judgment, experience and efficiency of the bidder (this may include an analysis of previous work performed for the city);

(b) The ability of the bidder to perform the contract, or provide the supplies, or equipment required, within the time specified, without delay or interference;

(c) The ability of the bidder to provide future maintenance, repair parts and replacement of purchased equipment or supplies;

(d) Compliance by the bidder with federal acts, executive orders and state statutes governing nondiscrimination in employment; and

(e) The results of any evaluation relating performance and price, such as testing, life-cycle costing, and analysis of service, maintenance and technical data.

(Ord. No. 992, § 1, 7-22-03; Ord. No. 2024-1179, § 9, 7-23-24)

The purchasing officer or designee may require a pre-qualification process for bidders for public construction projects in accordance with California Public Contract Code. The pre-qualification process shall be specified by council resolution.

(Ord. No. 992, § 1, 7-22-03)

The bid appeal hearing process shall be specified by council resolution.

(Ord. No. 992, § 1, 7-22-03)