(a) The Director of Public Service may make any contract, purchase supplies or materials or provide labor for any work under the supervision of the Department of Public Service without competitive bidding, except in those cases where competitive bidding is required by Section 31 of the City Charter.
(Adopting Ordinance)
(b) If a real and present emergency arises, or if no satisfactory bids are received after two separate sets of advertisements under subsection (a) hereof, in connection with the maintenance and repair of any Municipally owned and operated water or sewage treatment and disposal utility, or any other public service, Council may, by a two-thirds vote of all the members elected thereto, authorize the Director to enter into a contract for work to be done or for the purchase of supplies or materials without advertising.
(c) Bids for work under the supervision of the Department of Public Service shall be opened by the Director at 12:00 noon, on the last day for filing them, and shall be publicly read by him or her. Each bid shall contain the full name of each person interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank as a guarantee that if the bid is accepted a contract will be entered into and its performance properly secured. If the work bid embraces both labor and material, such items shall be separately stated with the price thereof. The Director may reject any bid. Where there is reason to believe there is collusion or combination among bidders, the bids of those concerned therein shall be rejected.
(d) Any contract referred to in this section shall be between the City and the bidder. Where a bonus is offered for completion of a contract prior to a specified date, the Department may exact a prorated penalty in like sum for every day of delay beyond a specified date.
When, in the opinion of the Director, it becomes necessary, in the prosecution of any work or improvement under contract, to make alterations or modifications in the contract, such alterations or modifications shall only be made upon the order of the Director, but such order shall be of no effect until the price to be paid for the work and material, or both, under the altered or modified contract, has been agreed upon in writing and signed by the Director on behalf of the City and the contractor, and approved by Council.
No contractor may recover anything for work or material because of any such alteration or modification unless the contract is made in such manner, nor shall a contractor be allowed to recover for such work or material, or either, more than the agreed price.
(e) All contracts made by the Director shall be executed by him or her in the name of the City, one copy of which shall be filed in his or her office and one with the City Clerk. No liability shall be created against the City as to any matter under the supervision of the Director, except by his or her express authority. No Director or officer or employee of his or her department shall be interested in any contract under his or her supervision.
(Ord. 1307. Passed 3-24-58.)