Carmel-by-the-Sea Municipal Code Art. IV Supplies/General Services – Formal Bid Procedures/Purchases of $60,000 or…

Except as otherwise provided, supplies and general services of an estimated market value of $60,000 or more must be considered by the City Council. An award of contract, if any, may only be provided to the lowest responsible, responsive bidder pursuant to the procedure prescribed in this article.

(Ord. 2023-03 § 2 (Exh. A), 2023)

Notice inviting bids shall include a general description of the supplies to be purchased or general services to be rendered, state where bid forms and specifications may be secured, identify the contact person, and state the date, time and place for opening bids.

(Ord. 2023-03 § 2 (Exh. A), 2023)

Notice inviting bids shall be published at least 10 days before the date of opening of the bids, and shall be published two times, five days apart, in newspaper of general circulation in the City and such additional newspaper or other means of bid advertising that the purchasing agent may select to find the greatest number of potential bidders.

(Ord. 2023-03 § 2 (Exh. A), 2023)

The purchasing agent shall also directly solicit sealed bids from all prospective suppliers known to the purchasing agent as responsible bidders and/or vendors dealing in the product to be purchased or the general services to be rendered.

(Ord. 2023-03 § 2 (Exh. A), 2023)

When deemed necessary by the purchasing agent, bidders' security may be required in the public notice inviting bids. Unsuccessful bidders shall be entitled to return of bid security. If a successful bidder refuses or fails to execute the contract within 15 calendar days after notice of award of contract has been mailed, they shall forfeit their bid security as liquidated damages to cover the cost of City rebidding or awarding a contract to the next lowest bidder, unless the City is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible, responsive bidder. If the City Council awards the contract to the next lowest responsible, responsive 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; the surplus, if any, shall be returned to the lowest bidder.

(Ord. 2023-03 § 2 (Exh. A), 2023)

Sealed bids (with name of the project identified on the exterior of the envelope) shall be submitted to the City Clerk who shall record the date and time received on the exterior of the envelope. Bids shall be opened in public at the time and place stated in the notice. All bids received shall be on file in the City Clerk's office for public inspection during regular business hours.

(Ord. 2023-03 § 2 (Exh. A), 2023)

The City Council may reject any or all bids presented, to accept or reject any one or more items of a bid, waive any irregularity, and may, at its discretion, readvertise the project for bids.

(Ord. 2023-03 § 2 (Exh. A), 2023)

After rejecting bids, the City Council may determine that the supplies, services, materials, or equipment may be purchased at a lower price in the open market, and it may direct the purchasing agent to so purchase.

(Ord. 2023-03 § 2 (Exh. A), 2023)

For the purposes of this chapter, in addition to price, "lowest responsible, responsive bidder" will be determined based on consideration of the following factors:

A. The ability, capacity and skill of the bidder to perform the contract or provide the supplies;

B. Whether the bidder has the facilities to perform the contract or provide the supplies promptly, or within the time specified, without delay or interference;

C. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

D. The bidder's record or performance of previous contracts or services;

E. The previous and existing compliance by the bidder with laws and ordinances relating to the contract;

F. The sufficiency of the financial resources and ability of the bidder to perform the contract; and

G. The quality, availability and adaptability of the supplies to the particular use required.

(Ord. 2023-03 § 2 (Exh. A), 2023)

If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council may accept one of them or accept the lowest bid made by negotiation with the tie bidders at the time of or after the bid opening.

(Ord. 2023-03 § 2 (Exh. A), 2023)

Except as otherwise provided, an award of contract, if any, may only be provided to the lowest responsible, responsive bidder.

(Ord. 2023-03 § 2 (Exh. A), 2023)

Before entering into a contract, the purchasing agent has authority to require a performance bond in such amount as it shall find reasonably necessary to protect the best interest of the City. If the City requires a performance bond, the form and amount of the bond shall be described in the notice of solicitation inviting bids. A contractor must provide such additional bonds that may be required by applicable law including, without limitation, Civil Code Section 9550 regulating payment bonds.

(Ord. 2023-03 § 2 (Exh. A), 2023)