At any time after the confirmation of the assessment the City Council may let the contract or contracts for such improvement. Every such contract shall be let to the lowest bidder, after notice published by two insertions in a daily or weekly newspaper published and circulated in the City of Los Angeles. Every bid shall be accompanied by a certified check amounting to ten per cent of the bid, payable to the order of the City and the same shall be forfeited to the City in case the bidder depositing the same does not within fifteen days after the notice that the contract has been awarded to the bidder, enter into a contract with the City for the work, the faithful performance of which shall be secured by an undertaking in such sums as the City Council shall require, with sureties satisfactory to said Council. The contract must provide that the improvement shall comply and the improvement must comply strictly with the plans and specifications contained in the report provided for in this article.
Performance of any contract hereunder shall be under the supervision of the Board of Public Works and no work, material or supplies shall be paid for until it has been accepted by said Board.
If the contractor abandons the improvement, or fails to proceed with the same as rapidly or in the manner as required by the contractor’s contract, the City Council may re-let the work in the same manner as in the case of the first letting thereof, and retain the amount of the cost of the same and of any expense incidental to the re-letting out of any funds due or to become due to the original contractor, and also hold the original contractor and the original contractor’s sureties responsible for such cost and expense, and for any damages resulting from such abandonment or failure upon the original contractor’s bond; provided, however, that the City Council in its discretion, at any time within ten days after the award of any contract as above provided, or at any time within ten days after the time fixed for the opening of bids, if no bids have been received, order by resolution adopted by a vote of two-thirds of all its members, that the said proposed contract be not made, and that the municipality itself execute the work embraced therein in accordance with the plans and specifications adopted for such work, and employ the labor and provide the trees and materials necessary therefor; and the cost and expenses of such work shall be paid out of the aforesaid funds; and provided further, that the amount appropriated and used from said funds for said purpose shall not exceed the amount of the bid upon which the award of contract aforesaid was made, or, if no bids have been received and the work is to be executed by the City itself, as herein provided, such cost and expense shall not exceed the amount of the estimate thereof provided for in Section 6.225 of this article, and if such cost and expense shall exceed the amount of said bid, or of said estimate in case no bids are received, then such excess shall be met out of any moneys in the General Fund in the City Treasury; or by supplemental assessment as provided for in Section 6.237 hereof; and provided, further, that at any time after the funds for the proposed improvement, or any part thereof, shall be in the hands of the City Treasurer, the City Council in its discretion may, without calling for bids, order by resolution adopted by a vote of two-thirds of all its members, that the municipality itself perform the work of such improvements, or the respective parts thereof, in accordance with the specifications and plans adopted for such work, and employ the labor, and provide the trees and materials necessary therefor; in which case the cost and expense of such work shall be paid out of the aforesaid funds and if such cost and expense shall exceed the amount of such estimates, then such excess shall be met out of any moneys in the General Fund of said Treasury or by supplemental assessment as provided for in Section 6.237 hereof.
SECTION HISTORY
Based on Ord. No. 89,450.
Amended by: 1st Para., Ord. No. 181,595, Eff. 4-10-11.