When the expenditure required for a public works project exceeds five thousand dollars ($5,000.00), it shall be contracted for and let to the lowest responsible bidder after notice, in accordance with the requirements of Article 4 of the California Public Contracts Code.
A. Public Works Projects. As used in this section, “public works project” means:
1. A project for the erection, improvement, painting or repair of public buildings and works;
2. Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow;
3. Street or sewer work except maintenance or repair;
4. Furnishing supplies and materials for any such project, including maintenance or repair of streets or sewers.
B. Splitting Work Orders. It is unlawful to split or separate into smaller work orders or projects any public works project for the purpose of evading the provisions of this section.
C. Notice Inviting Bids. The notice inviting bids shall set a date for the opening of bids. Notices shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done.
D. Rejection of Bids and Readvertisement. At its discretion, the city council may reject any bids presented and readvertise. If two or more bids are the same, the city council may accept the one it chooses. If no bids are received, the city council may direct the purchasing officer to have the project completed with no further compliance with this section.
E. Performance of Project After Rejection of Bids. After rejecting bids, the city council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the material or supplies furnished at a lower price in the open market. Upon the adoption of such a resolution, the city council may direct the purchasing officer to have the project completed in the manner stated with no further compliance with this section.
F. Presentation of Bids. All bids shall be presented under sealed cover and accompanied by one of the following forms of bidders’ security:
1. Cash;
2. Cashiers check made payable to the city;
3. A certified check made payable to the city;
4. A bidder’s bond executed by an admitted surety insurer, made payable to the city.
G. Amount of Bidder’s Security. Security shall be in an amount equal to at least ten percent of the amount of the bid. A bid shall not be considered unless one of the forms of bidder’s security is enclosed with it.
H. Forfeiture of Security. If the successful bidder fails to execute the contract, the amount of the bidder’s security shall be forfeited to the city. The city council may award the contract to the next lowest responsible bidder, and the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second lowest bid. The surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the surety on the bidder’s bond if a bond is used.
I. Calamities or Emergencies. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the city council may pass a resolution by four-fifths vote of its members declaring that the public interest and necessity demand the
immediate expenditure of public money to safeguard life, health or property. Upon the adoption of such a resolution, the city council may direct the purchasing officer to expend any sum required in the emergency with no further compliance with this section. (Ord. 42 § 1, 1990)