Chapter 3.16
PUBLIC WORKS CONTRACTS
Sections:
3.16.020 Notice to contractors.
3.16.030 Bids – Awarding of contract.
3.16.040 Bids – Certified check required.
3.16.060 Approval of contract.
3.16.010 In general.
Contracts for public buildings or works, street or sewer works, works in or about streams or waterfronts, or in or about embankments, or other works for protection against overflow, or for furnishing any supplies or materials for the same, may be let under the regulations prescribed in this chapter. (Ord. 12 § 1, 1928).
3.16.020 Notice to contractors.
Under the enactment of any ordinance ordering the construction of any public building, or of any of the other public works mentioned in TMC 3.16.010, or ordering the furnishing of any supplies or materials therefor, the city clerk-treasurer shall advertise for proposals thereon by publishing in at least one regular issue of the official paper a notice to contractors, mentioning the building or other works to be constructed, or the supplies or materials to be furnished, referring to such ordinance by the number thereof and specifying the number of the local improvement district, when a local improvement district is created by or referred to in such ordinance, and stating that sealed proposals will be received by the council at the office of the clerk-treasurer up to 5:00 p.m. of a day therein specified, which shall be not less than five days and not more than 20 days after the last day of publication of said notice. Such notice shall state that the successful bidder will be required to file with the city clerk-treasurer a surety bond in a sum equal to the full contract price to be paid for said work, that no bid will be considered which is not accompanied by a certified check payable to the order of the city clerk-treasurer for a sum not less than five percent of the total amount bid, and that the right is reserved to reject all bids, or to let any distinct part of the work, supplies or materials, as a separate contract, apart from the other work, supplies or materials. (Ord. 12 § 2, 1928).
3.16.030 Bids – Awarding of contract.
At any regular, special or adjourned meeting, held after the hour specified in such notice up to which bids may be filed with the city clerk-treasurer, on the same day or thereafter, the council may proceed to canvass bids, whereupon all bids filed within the time so specified shall be distinctly and publicly read to the council, and, after consideration of all the proposals filed within the time and in the manner specified in this chapter, the council shall award such contract to the lowest and best bidder with security as provided in this chapter; however, the council may, in its discretion, reject all bids presented and readvertise, or let any distinct part of the work, supplies or materials to the lowest and best bidder thereon as a separate contract, apart from the other work, supplies or materials, or, if in the judgment of the council such work can be performed or supplies or materials to be furnished, independent of contract. (Ord. 12 § 3, 1928).
3.16.040 Bids – Certified check required.
A. No bid shall be considered unless accompanied by a certified check payable to the order of the city clerk-treasurer for a sum not less than five percent of the total amount bid. All such checks shall be returned to the bidder depositing same within 10 days after opening proposals, except that of the successful bidder, which shall be retained until a contract is executed between the successful bidder and the city in accordance with such bid.
B. If such bidder fails to execute such contract and file the bond required in this chapter within 10 days from the date on which notice that he is the successful bidder is mailed him by registered mail to the address stated on his bid, the check and amount thereof shall be forfeited to and retained by the city as liquidated damages. (Ord. 12 § 4, 1928).
3.16.050 Bond – Surety.
Before the contract shall be valid or binding against the city, the contractor shall execute and file with the city clerk-treasurer a joint and several bond with a reliable surety company authorized to become surety upon such bonds in the state, as surety, in an amount equal to the full contract price to be paid for such work, which bond shall be payable to the city, and shall be conditioned upon the true and faithful performance by said contractor of all of the conditions of said contract by him to be done or performed, and the payment of all laborers, mechanics, and subcontractors and material men, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and all just debts, dues and demands incurred in the performance of such work, and upon compliance by such contractor with all the requirements of the laws of the state, and the ordinance of said city, and upon the further saving, indemnifying and keeping harmless said city against the liabilities, judgments, costs and expenses which may in any way arise or accrue against said city in consequence of the failure of said contractor to perform said contract in accordance with the terms and conditions thereof, or which may in any way result from the carelessness or negligence of such contractor, or his agents, employees or workmen in any respect whatsoever, it being expressly understood that should any judgment be recovered against said city for any such liability, costs or expenses, such judgment or judgments shall be conclusive against the principal and surety in said bond, not only as to the amount of damages, but as to their liability, provided reasonable notice has been given said principal and surety of the pendency of such action; and said bond shall further provide that in case suit is brought thereon, the venue may, at the option of said city, be laid in the county. (Ord. 12 § 5, 1928).
3.16.060 Approval of contract.
The contract shall be in such form and shall contain such provisions as may in each instance be approved by the council, and, when so approved, shall be signed by the mayor and attested by the city clerk-treasurer. (Ord. 12 § 6, 1928).