Paso Robles Municipal Code Art. III Formal Contract Procedure

Except as otherwise provided in this chapter, purchases and contracts for supplies, services, equipment and public works which are equal to or in excess of the bid requirement amount specified by council resolution, shall be by written contract with the lowest responsible bidder pursuant to the procedures prescribed in this part.

(Ord. 645 N.S. § 2 (part), 1992)

A. Notices inviting bids shall include, but not be limited to, the following:

1. A general description of the item(s) or service(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. Notices inviting bids shall be published at least once in the official newspaper of the city, with the first publication occurring at least ten days before the date of opening the bids.

C. Sealed bids shall be identified as bids on the envelopes and shall be submitted to the city clerk.

(Ord. 645 N.S. § 2 (part), 1992)

Bidder's security may be required when deemed necessary by the purchasing authority. Bidders shall be entitled to return of bid security. However, a successful bidder shall forfeit his bid security upon refusal or failure to execute a contract within fifteen days after notice of award of that contract, unless the city is responsible for the delay. The contract may be awarded to the next lowest responsible bidder upon the refusal or failure of the successful bidder to execute the contract within the time herein prescribed.

(Ord. 645 N.S. § 2 (part), 1992)

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 until the award of a contract. All bids shall be retained on file for a period of not less than two years. All bids shall be opened in the presence of the purchasing authority.

(Ord. 645 N.S. § 2 (part), 1992)

The purchasing authority 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. 645 N.S. § 2 (part), 1992)

Subject to the prior approval of the city manager, contracts shall be awarded by the purchasing authority to the lowest responsible bidder, except as follows:

a. If, at the time of bid opening, two or more bids received are for the same total amount or unit price, quality and service being equal, and if in the discretion of the purchasing authority the public interest will not permit the delay of readvertising for bids, then the purchasing authority may accept the one he chooses or the lowest bid obtained through subsequent negotiation with the tie bidders;

b. In computing bids for discretionary goods or services to be purchased by the city, the city may grant local vendors a preference pursuant to the guidelines set forth in the purchasing manual, as described in Section 6.04.130.

(Ord. 645 N.S. § 2 (part), 1992)

(Ord. No. 09-963 N.S. § 5, 11-17-2009)

The purchasing authority may require as a condition to executing a contract on behalf of the city, a performance bond or a labor and material bond, or both, in such amounts as the purchasing authority 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. 645 N.S. § 2 (part), 1992)

In addition to the bid or quotation price, criteria for determining the lowest responsible bid or quotation, for the purposes of this chapter, may 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, equipment or services 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 of California statutes governing nondiscrimination in employment; and

e. The results of any evaluation relating performance and price, such as testing, lifecycle costing, and analysis of service, maintenance and technical data.

(Ord. 645 N.S. § 2 (part), 1992)