ARTICLE IX. PUBLIC WORKS AND CONTRACTS SECTION 901.

Public Works To Be Done By Contract.

(A) Except as provided in subsection (D) of this section, every project involving an expenditure of City monies of more than the amount specified in Section 20162 of the Public Contract Code of the State of California, as the same now exists or may hereafter be amended for the construction or improvement of public buildings, works, drains, sewers, utilities, parks, playgrounds, and streets ( exclusive of projects for resurfacing, maintenance, and repair of streets) shall be let by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions the first of which shall be at least ten (10) calendar days before the time for opening bids. (Amended November 5,1996 -Measure X).

(B) All bids shall be accompanied by either a certified or cashiers check, or a bidders bond executed by a corporate surety authorized to engage in such business in California, made payable to the City .Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten percent (10%) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or specifications referred to therein, the amount of the bidders security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The Council may reject any and all bids presented and may readvertise at its discretion.

(C) The Council, after rejecting bids or ifno bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Administrative Officer, the work in question may be performed better or more economically by the City with its own employees and after the adoption of a resolution to this effect by at least four (4) affirmative votes of the Council and , containing a declaration of the facts constituting such urgency.

(D) Nothing in this section shall be construed to apply to any project involving the expenditure J of City monies by the City for public works in cooperation with a developer or sub-divider for over-sided ,:# facilities or such cooperative extension or replacement of mains and appurtenances. For those projects the City shall have the authority to make funds available to the cooperating developer or sub-divider on a fixed formula basis established at least annually by Council resolution.