Colma Municipal Code § 1.0 Detailed Table of Contents – Organization, Functions & General Provisions Colma Municipal Code

(a) This section shall apply to all public projects, as defined by section 20161 of the Public Contract Act. “Public project” means (1) a project for the erection, improvement, painting, or repair of public buildings and works; (2) work in or about streams, bays, etc.; (3) street or sewer work, except maintenance or repair; and (4) furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.

(b) Except as otherwise provided in this chapter or where the Awarding Authority determines that competitive bidding is infeasible or impractical, when a contract has the value specified in section 1.06.270(d), the City Council shall award a contract in accordance with the formal competitive bidding process described in this section.

(c) The notice inviting bids shall include a general description of the goods to be purchased and bond requirements, if any, and shall state where bid blanks and specifications may be secured and the time and place for opening bids. It shall incorporate by reference all other bid documents.

(d) Notice inviting bids shall be given as follows:

(1) The notice shall be published in a newspaper designated pursuant to section
1.08.050 of the Colma Municipal Code at least once not less than 14 days before the
date of opening of the bids.

(2) The notice shall also be mailed by first class mail or facsimile to responsible
prospective suppliers known to the Town of Colma or who have requested their names
be considered. The notices shall be mailed or sent not less than 14 days before the date
of opening of the bids.

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-16

(3) The notice shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified by the Uniform Construction Cost Accounting Commission for San Mateo County. The notice shall be sent at least 15 calendar days before the date of opening the bids.

(4) The Town may give such other notice as it deems proper.

(e) When deemed necessary by the City Manager, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within 15 days after the notice of award of contract has been mailed, unless the Town of Colma 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 bidder; the amount of the lowest bidder's security may be applied by the Town of Colma to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

(f) Sealed bids shall be submitted to the address identified in the notice inviting bids and shall be identified as bids on the envelope.

(g) Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open to public inspection during regular business hours for a reasonable period of time. No bidder may withdraw his bid for a period of at least 90 days after the date set for the opening thereof. Bids received after the time set for the opening of bids shall be returned unopened to the bidder.

(h) In its sole discretion, the City Council may reject any and all bids presented and re- advertise for bids or exclude any item or items from the award of bid or waive any informalities in a bid, provided that prior to rejecting all bids and declaring that a project can be more economically performed by employees of the Town, the Town shall furnish a written notice to an apparent low bidder. The notice shall inform the bidder of the Town’s intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the City Council intends to reject the bid.

(i) Contracts shall be awarded by the City Council to the lowest responsive, responsible bidder except as otherwise provided in this chapter.

(j) If two or more bids are received for the same total amount or unit price, quality and service being equal, the City Council may accept the one it chooses or accept the lowest bid made by negotiations with the bidders after the bid opening.

(k) The City Council may require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interest of the Town of Colma. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(l) If no bids are received in response to an invitation for competitive bids, a contract may be negotiated with any qualified person.

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-17

(m) If the apparent successful bidder fails to meet deadlines for submitting documents required by the notice inviting bids or instructions to bidders, the City Council may award a contract to the next lowest bidder meeting all requirements.

(n) If a contract let pursuant to the provisions of this chapter is terminated because of breach by the contractor, the City Council may complete the project by negotiated contract with any qualified individual or firm.

[History: Formerly § 1.06.220; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737 (1/14/15).]