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After the specifications, or plans and specifications have been prepared, said Director shall cause a notice to be published for two consecutive days in the official newspaper and posted conspicuously in his office for a period of not less than 10 days, inviting sealed proposals for the contemplated work.
(a) Time and Place for Receiving Bids. Said notice shall invite sealed proposals for the contemplated work to be delivered to said Director at his office, or at a place to be designated by him in said notice, on a day and during an hour to be specified therein, which shall be not less than 10 days after the date of last publication of said notice as hereinabove provided and after the first day of said posting of said notice. Said notice shall contain a description of the proposed work substantially similar to that contained in the order of said Director declaring his intention to recommend that the Supervisors order the same to be done. Said notice shall also contain a reservation of the right to reject any and all bids, and shall specify the period of time within which the work is to be completed after the date of execution of the contract therefor and the amount of the bond to be given by the awardee of the contract for faithful performance, public liability, and property damage of the same.
Reference to the specifications, or plans and specifications for the proposed work shall also be incorporated in and notice for further information concerning the details of the proposed work.
(Amended by Ord. 321-69, App. 11/10/69)
All proposals shall be made upon printed forms to be prepared by said Director and furnished gratuitously upon application.
Every proposal made shall be accompanied by a corporate surety bond or a check certified by a responsible bank, payable to the order of said City and County for an amount not less than 10 per centum of the aggregate of the proposal, and no proposal shall be considered unless accompanied by such bond or check.
No person, firm or corporation shall make, file or be interested in more than one bid for the same improvement. If on the opening of bids more than one bid appears in which the same person, firm or corporation is interested, all said last mentioned bids shall be rejected.
On the day and during the hour specified in said notice inviting sealed proposals, said Director shall be in his office, or in the place designated by him in said notice, and all bids shall be delivered to him within the hour named in said notice. No bid not so delivered to him shall be considered. Each bid as it shall be received shall be numbered and marked "Filed" by said Director and authenticated by his signature. At the expiration of the hour stated in said notice, said Director shall publicly open, examine and declare the same and an abstract of each bid shall be recorded in a public register to be kept by said Director for such purpose. Said Director shall immediately compare the bids with the record so made, and shall thereupon or at such other time not exceeding 20 days thereafter award the contract for the work to the lowest reliable and responsible bidder, except as otherwise herein provided. Notice of such award shall be caused to be posted for five days by said Director in some conspicuous place in the office of the Department of Public Works and such notice shall be published once in the official newspaper. Said Director may reject any and all bids and may reject the bid of any bidder who has been delinquent or unfaithful in any former contract with said City and County and must reject all bids other than the bid of the lowest reliable and responsible bidder; and, on accepting said lowest bid, he shall thereupon return to the proper parties the bonds or checks corresponding to the bids so rejected. If all the bids are rejected said Director shall return all the bonds or checks to the proper parties and may again invite sealed proposals for the proposed work as in the first instance.
The bond or check accompanying the accepted bid shall be held by said Director until the contract for doing said work as hereinafter provided has been entered into, either by said lowest bidder, or by owners as hereinafter provided, whereupon said corporate surety bond or certified check shall be returned to said bidder. If said bidder fails, neglects or refuses to enter into a contract to perform the work as in this ordinance hereinafter provided then the corporate surety bond or certified check accompanying his bid and the amount therein mentioned shall be declared by order of said Director to be forfeited to said City and County, and the proceeds thereof shall be collected by the Treasurer and paid into the treasury of said City and County and credited to the item or items of the annual appropriation for the improvement of streets and sewers, unless said Director, or the Supervisors on appeal, duly remit such forfeiture.
The owners of at least ¾ of the assessable area of the assessment district shall not be required to present sealed proposals, but may upon making an oath that they are such owners, within 10 days after the publication of the notice of award, elect to enter into a written contract with said director to do the whole work specified in said award at the price or prices at which the same has been awarded.
Should such owners not enter into such a contract for said work within said time the awardee to whom the contract has been awarded shall enter into a contract for said work within seven days after the expiration of the time within which said owners might have entered into a contract for the same.
At any time within five days from the date of the publication of the notice of award hereunder of a contract for work, any owner of, any other person having any interest in, any parcel of land liable to be assessed for such work, who claims that any of the previous acts or proceedings relating to said work are irregular, defective, erroneous or faulty, may file in the office of said Director of Public Works a written notice specifying in what respect or respects said acts or said proceedings are irregular, defective, erroneous or faulty. Said notice shall state that it is made pursuant to this Section, and shall contain the address of the person filing the same, and a description of the property owned by or in which he is interested sufficient to identify the same.
All objections to any act or proceeding occurring prior to the time within such objections are permitted to be filed in relation to said work, not made in writing and in the manner and at the time aforesaid, shall be deemed waived.
If the original awardee fails or refuses, for 17 days after the publication of the notice of award, to enter into the contract, when the same in due form has been presented to him for execution by said Director, then said Director, without further proceedings shall again advertise for and receive bids, as in the first instance, and award the contract for the work to the then lowest reliable and responsible bidder. Should no bids be received in response to such second call, said Director may again advertise for and receive bids under the same proceedings at any time within six months from the time set for the first reception of bids, and let the contract to the then lowest reliable and responsible bidder, and such delay shall in no way affect the validity of any of the proceedings or assessments levied thereunder. The bids of all persons and the election of all owners aforesaid, who have failed to enter into a contract as in this Article provided, shall be rejected in or upon any bidding subsequent to the first bidding for such work.
Every contract in this Article referred to shall be executed by said Director on behalf of said City and County. The Chief Administrative Officer of said City and County shall also approve by his signature every such contract which involves the expenditure of over $2,000. Whenever in any such contract the City and County is obligated to pay any portion of the contract price, the Controller also shall approve such contract by his signature.
Every contract entered into by said Director, pursuant to the provisions of this Article, shall be signed by the other contracting party. Every such contract shall be signed in triplicate by all parties. One of said triplicates, together with the specifications or plans and specifications, as the case may be, of the work to be done under such contract, shall be kept in the office of said Director; another of said triplicates, with such plans and specifications, shall be delivered to the contractor or contracting owners referred to in Section 202 of this Article, and the third triplicate shall be delivered to the Controller.
(a) Surety Bond or Certified Check Required. At the time of execution of the contract by the contractor, or said contracting owners, he or they, as the case may be, shall execute to said City and County, and deliver with the contract, a bond in a sum named in the notice calling for bids, executed by a surety company authorized to do business in this state, or they shall deposit with said Director a certified check upon some solvent bank for said amount, all for the faithful performance of the contract.
The contract shall specify the time within which the work shall be completed, which shall be the same as that specified in the notice inviting bids therefor. Said Director may by order grant extensions of time within which to complete the work.
(b) Extension of Time and Liquidated Damages. An extension of time may be granted after the expiration of the time fixed in the contract, or as extended as herein provided, and the extension so granted shall be deemed to commence and be effective from the date of such expiration.
Failure of said Director to grant an extension or extensions of time as herein provided for shall not affect the rights of the contractor beyond a reasonable deduction from the contract price for any damage sustained by reason of delay in the performance of the contract.
No such extension or extensions of time granted by said Director for completion of the work shall operate to relieve any surety or sureties on any bond from the liabilities assumed in or by such bond; nor shall any assignment of the contract qualify or change any such liability.
The contract shall provide for the payment of agreed liquidated damages by the reduction in the amount of assessment to the property owners within the assessment district for every calendar day after the expiration of the date fixed in the contract for completion of the work, or as extended as herein provided, during which such work shall not have been completed.
(Amended by Ord. 171-62, App. 6/27/62)
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