Article IV — Public Works Contracts

Every project involving an expenditure greater than the maximum amount for which the purchasing agent is authorized, as specified in Article II of this chapter, for the erection, improvement or repair of public buildings and works, in all sewer and street work, and in furnishing materials or supplies for same shall be let by written contract, approved by the council by resolution, with the lowest responsible bidder in accordance with the procedures prescribed in this article. PGMC § 2.16.080 notwithstanding, dispensation of bid procedures for projects described in this section shall be made only as allowed in this article.

(Ord. 1405 N.S. § 2, 1984; Ord. 1667 N.S. § 1, 1989; Ord. 14-005 § 2, 2014)

Notices inviting bids shall be published once in an official newspaper of the city at least 10 days before the date of opening the bids. In addition to the published notice, the purchasing agent may solicit bids from prospective vendors and contractors by direct mail requests, by notice on official city bulletin boards, or by any other means advantageous to the city. Notices inviting bids shall include a general description of the contractual services to be purchased and shall state where bid blanks and written specifications may be secured, and shall designate the date, time and place for opening bids. (Ord. 1405 N.S. § 2, 1984)

When deemed necessary, bidders' security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute the contract within 15 calendar days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The council, on refusal or failure of the successful bidder to execute the contract, may award it to the next lowest responsible bidder. The amount of the lowest bidder's security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. (Ord. 1405 N.S. § 2, 1984)

Sealed bids submitted to the city shall be identified as bids on the envelope, and shall be opened in public on the date, at the time and place stated in the public notices. (Ord. 1405 N.S. § 2, 1984)

All bids received shall be tabulated and after consultation with the appropriate department head shall be forwarded to the council with a recommendation as to the best and lowest bid. A tabulation of all bids received shall be available for public inspection for not less than two years after the bid opening.

(Ord. 1405 N.S. § 2, 1984)

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City of Pacific Grove, CA § 2.16.370

PACIFIC GROVE CODE

§ 2.16.420

If two or more bids received are for the same amount, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the council shall determine the successful bidder by drawing of lots.

(Ord. 1405 N.S. § 2, 1984)

The council, in its discretion, when it is in the best interests of the city to do so, may waive any informalities or minor irregularities in any bid process, and may reject any or all bids. (Ord. 1405 N.S. § 2, 1984)

If all bids are rejected or no bids are received the council may readvertise or may, by an affirmative vote of at least five of its members, declare and determine that in its opinion the work in question may be more economically or satisfactorily performed by day labor, by either city employees or others, and after adoption of a resolution to that effect, may proceed to have the same done in the manner stated.

(Ord. 1405 N.S. § 2, 1984)

Public works contracts governed by this article may be let without advertising for bids if such work shall be deemed by the council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by an affirmative vote of at least five of its members and containing a declaration of the facts constituting such urgency. (Ord. 1405 N.S. § 2, 1984)

The council, before entering into a contract governed by this article, may require a performance bond or other adequate security guaranteeing performance, in an amount as it shall find reasonably necessary to protect the best interests of the city. Form of acceptable security shall be described in the notice inviting bids.

(Ord. 1405 N.S. § 2, 1984)

No undertaking involving amounts in excess of the maximum amount for which the purchasing agent is authorized, as specified in Article II of this chapter, shall be split into parts for the purpose of avoiding the provisions and restrictions of this article. (Ord. 1405 N.S. § 2, 1984; Ord. 14-005 § 2, 2014)

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City of Pacific Grove, CA

ADMINISTRATION AND CITY GOVERNMENT

§ 2.20.010

§ 2.20.010