ARTICLE XIX CONTRACTS
Section.135.Expenditures Requiring Bids
When the expenditure required for a public project exceeds the minimum amount specified in the general law of the State of California as requiring bidding, or the amount set by ordinance of the City Council, whichever is greater, such expenditure shall be contracted for and let to the lowest responsible bidder after notice.
As used in this section, “public project” means a project for the erection, improvement or repair of public buildings or works; for street, sewer or water work except maintenance or repairs; or for the furnishing of supplies or materials for any such project including the maintenance or repair of streets, sewers or water works.
The council may reject any and all bids presented and may solicit new bids. If two or more bids are the same and the lowest, the council may accept the one it chooses. If no bids are received, the council may have the project done without further compliance with this section.
After rejecting bids, the council may by resolution declare that the project can be performed more economically by city personnel or by day labor or that the materials or supplies can be furnished at a lower price on the open market. Upon adoption of such resolution, the council may authorize the project to be performed in the manner stated without further compliance with this section.
The council may also make any expenditure for such a public project without further compliance with this section if it finds and declares by resolution that there is only one available source which can supply the subject matter of such public project or that an emergency exists which makes it essential to the health, safety or welfare of the people that emergency action be taken without further compliance with this section.
Editor’s note: This section was amended by Assembly Concurrent Resolution No. 72, which was approved by the voters of the city at an election held June 7, 1966 and by Senate Concurrent Resolution No. 12, which was approved by the voters of the city at an election held November 3, 1970; this section was further amended by the voters of the city at an election held March 5, 2002.
For the statutory provision regarding the public project expenditures which require competitive bidding see West’s Gov. C.A. § 37902.
§ 3.40.010 APPLICABILITY OF CHAPTER 3.36.
The procedure for the solicitation of bids and the awarding and execution of contracts for public projects, as that term is defined in § 135 of the City Charter, shall be subject to and governed by the provisions of § 3.36.110 of this code when the estimated expenditure required exceeds the sum of $50,000, and by the provisions of §§ 3.36.060, 3.36.080 and 3.36.090 of this code when the estimated expenditure required does not exceed the sum of $50,000.
(‘86 Code, § 3.40.010) (Ord. 3507, passed – – ; Am. Ord. 3660, passed – – ; Am. Ord. 4517, passed 2-25-08)