[Amended 4-23-1940 by G.O. No. 8-1940]
When, by the terms of any statute or ordinance, public notice
is required to be given of the reception of bids or the letting of
contracts by the Board for the performance of any work or for the
supply of any materials for the City or for any officer, court, board,
body or department thereof, and the manner in which such public notice
shall be given is not specified in such statute or ordinance, then
the public notice so to be given shall be given by two successive
daily publications thereof in each of the official papers of the City,
the last of which publications shall be at least two days prior to
the date fixed for the reception of the bids or the letting of contracts
described in such notice. Additional publications of any notice above
specified may be directed by the Board whenever, in its judgment,
the public interest will be thereby promoted.
The Board may, in its discretion, require, as a condition precedent
to the reception or consideration of any bid or proposal in respect
to which it has the power and authority to award a contract thereon,
the deposit with it of a certified check upon a state or national
bank, drawn to the order of the City Comptroller, or of money, in
an amount not exceeding 10% of the amount specified in such bid or
proposal.
Within three days after a decision as to the award of the contract,
the deposits so made shall be returned to the bidders making the same,
except the deposit made by the bidder whose bid has been accepted.
If the bidder whose bid has been accepted shall refuse or neglect
to execute the same within 10 days after due notice that the contract
has been awarded and to give the security, if any, required for the
performance thereof, the amount of the deposit made by him shall be
forfeited to and retained by the City as liquidated damages for such
neglect or refusal.
If the successful bidder shall execute the contract within the
time mentioned in the preceding section and give the security, if
any, required for the performance thereof, the amount of his deposit
shall be returned to him.
Whenever any materials or supplies required in any office, court,
board, body or department shall be called for in writing, such call
or requisition therefor shall be accompanied by a certificate of the
officer making the same, showing the estimated or probable cost of
such materials or supplies.
In cases where security is required to be given for the performance
of any contract, a bond, executed by the contractor and two sufficient
sureties, shall be given to the City, except as otherwise provided,
in a penalty to be specified by the Board in the public notice of
the reception of bids or proposals or of the letting of such contract.
Each surety shall be a freeholder in this state and shall justify
the amount of the bond, stating in such justification the character
and location of the real estate owned by him and the amount of the
encumbrances, if any, thereon, and also describing the bonds or undertakings
upon which he is surety. The Board may, however, accept in lieu of
the foregoing sureties any fidelity or surety company authorized by
law to transact business within this state.
The Board shall furnish printed blanks for bids or proposals
for the performance of any work or for the supply of any materials
to any person demanding the same, and all bids or proposals must be
made upon such blanks.
