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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)
If the owners or the awardee, who have entered into such a contract, do not complete the same within the time limited in the contract, or such extended time as in this Article provided for, said Director may re-award the whole or the unfinished portion of said work, as the case may be, in accordance with the procedure in this Article prescribed for inviting proposals and awarding the contract. In such event, said owners or awardee shall be debarred from again entering into a contract to do said work or the unfinished portion thereof.
If said owners or the awardee fail or refuse to complete the contract entered into, and said Director re-awards the whole work or the incomplete portion thereof at a price in the aggregate exceeding that at which the work was originally awarded, the bond for faithful performance of the contract, in this Article hereinbefore provided for, shall be liable for any excess, resulting from such failure or refusal, of any assessment levied against any parcel of land for the expense of the work over what it would have been, had the original contract been performed; provided the original contract has not been canceled by ordinance of the Supervisors.
Every contractor, including contracting owners, to whom is awarded a contract for street work hereunder, shall upon the execution of such contract file with said Director a bond, approved by him, in a sum not less than ½ of the total amount payable under the contract; such bond shall be executed by an authorized corporate surety able to justify in the manner provided by law; such bond must provide that if the contractor, or his, its or their sub-contractors, fail to pay for any materials or provisions, or the reasonable rental value of items, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor of any kind done directly thereon or therefor, that the surety will pay the same, to an amount not exceeding the sum specified in such bond.
Any laborer, materialman, person, company or corporation furnishing any of the items mentioned in Section 208 of this Article used in, upon, for or about, or contributing to, the performance of the work contracted to be done, and whose claim has not been paid may, at any time within 10 days from the date of recordation of the assessment in the Department of Public Works, file in said department a verified statement of his, its or their claim, together with a statement that the same or some part thereof has not been paid.
Every person and corporation entitled to the benefit of Sections 208 and 209 of this Article shall severally have a first lien against the assessment, any partial assessment, any reassessment and any bonds issued to represent any such assessment or reassessment, which lien may be enforced in the Superior Court. in and for said City and County, according to the custom and practice of such court. Such action must be commenced within 30 days from the date of filing such verified statement.
No assignment by the contractor of the whole or any part of the money or of such assessment, partial assessment, reassessment and/or bonds due or to become due him under the contract, or for extras in connection therewith, whether made before or after such verified claim is filed, shall be held to take priority over claims filed under Sections 209 and 210, inclusive, of this Article, and all such assignments shall have no effect in so far as claims hereunder are concerned.
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