§ 201.

BIDS AND AWARD – PROCEDURE

All proposals shall be made upon printed forms to be prepared by said Director and furnished gratuitously upon application.

Every proposal made shall be accompanied by a corporate surety bond or a check certified by a responsible bank, payable to the order of said City and County for an amount not less than 10 per centum of the aggregate of the proposal, and no proposal shall be considered unless accompanied by such bond or check.

No person, firm or corporation shall make, file or be interested in more than one bid for the same improvement. If on the opening of bids more than one bid appears in which the same person, firm or corporation is interested, all said last mentioned bids shall be rejected.

On the day and during the hour specified in said notice inviting sealed proposals, said Director shall be in his office, or in the place designated by him in said notice, and all bids shall be delivered to him within the hour named in said notice. No bid not so delivered to him shall be considered. Each bid as it shall be received shall be numbered and marked “Filed” by said Director and authenticated by his signature. At the expiration of the hour stated in said notice, said Director shall publicly open, examine and declare the same and an abstract of each bid shall be recorded in a public register to be kept by said Director for such purpose. Said Director shall immediately compare the bids with the record so made, and shall thereupon or at such other time not exceeding 20 days thereafter award the contract for the work to the lowest reliable and responsible bidder, except as otherwise herein provided. Notice of such award shall be caused to be posted for five days by said Director in some conspicuous place in the office of the Department of Public Works and such notice shall be published once in the official newspaper. Said Director may reject any and all bids and may reject the bid of any bidder who has been delinquent or unfaithful in any former contract with said City and County and must reject all bids other than the bid of the lowest reliable and responsible bidder; and, on accepting said lowest bid, he shall thereupon return to the proper parties the bonds or checks corresponding to the bids so rejected. If all the bids are rejected said Director shall return all the bonds or checks to the proper parties and may again invite sealed proposals for the proposed work as in the first instance.

The bond or check accompanying the accepted bid shall be held by said Director until the contract for doing said work as hereinafter provided has been entered into, either by said lowest bidder, or by owners as hereinafter provided, whereupon said corporate surety bond or certified check shall be returned to said bidder. If said bidder fails, neglects or refuses to enter into a contract to perform the work as in this ordinance hereinafter provided then the corporate surety bond or certified check accompanying his bid and the amount therein mentioned shall be declared by order of said Director to be forfeited to said City and County, and the proceeds thereof shall be collected by the Treasurer and paid into the treasury of said City and County and credited to the item or items of the annual appropriation for the improvement of streets and sewers, unless said Director, or the Supervisors on appeal, duly remit such forfeiture.

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