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2.52.040. Construction of building improvements and public works projects

            (1)        As used in this Section:

                        (a)        the words "lowest responsive responsible bidder" means any prime contractor who has bid in-compliance with the invitation to bid and within the requirements of the plans and specifications for a construction project, who is the low bidder and has met the "Standard of Responsibility" outlined in Section 2.52.100, who has furnished a bid bond or equivalent in money as a condition to the award of a prime contract, and who furnishes a payment and performance bond as required by law.

                        (b)        the words "public works project" means the construction of a park facility, recreation facility, pipeline, culvert, dam, canal, water system, sewer system, storm drain system, street, curbs, sidewalks, and other public facilities except for buildings.

                        (c)        the words "building improvement" means the construction or repair of a public building or structure.

            (2)        When the City shall contemplate making any building improvement or public works project to be paid for out of the funds of the City, the City shall cause plans, specifications, and an estimate of the cost of the building improvement or public works project to be made.  If the estimated cost of a building improvement exceeds Forty-Four Thousand Five Hundred Dollars ($44,500.00) or the estimated cost of a public works project exceeds One Hundred Thirty-Nine Thousand Four Hundred Dollars ($139,400.00), the City shall call for formal competitive bids as outlined herein.

            (3)        If the City determines to proceed with the building improvement or public works project, it shall request bids by (a) publishing notice at least twice in a newspaper of general circulation within the City at least five (5) days prior to the opening of bids; and (b) except as provided in paragraph (4) or (7), enter into a contract for completion of the building improvement or public works project with the lowest responsive responsible bidder.

            (4)        The City shall have the right to reject any or all bids presented, without cause, and all notices calling for bids shall so state.  If the bids are rejected and the City decides to re-solicit bids, it shall advertise anew in the same manner as before.  If, after twice advertising as herein provided, and no bid has been received that is satisfactory, the City may proceed under its own direction to make the improvement.

            (5)        Nothing in this Section shall be construed to require bids on contracts let for the management of any of the departments, business, or property of the City.

            (6)        Building improvements or public works projects shall not be divided into parts to avoid subjecting the City to the bidding requirements.  However, they may be divided if the City complies with the bidding requirements with respect to each divided part of the building improvement or public works project.

            (7)        Exceptions to bidding requirements.  If (a) the building improvement or public works project is below the threshold; or (b) the building improvement or public works project is undertaken in an emergency to eliminate an imminent risk of damage to or loss of public or private property; or (c) is to remedy a condition that posses immediate physical danger; or (d) is to reduce a substantial, imminent risk of interruption of an essential public service, the City may proceed under its own direction to make the improvement.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 03-34, Amended, 9/18/2003
Ord. No. 08-31, Amended, 7/3/2008

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