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Ord 1800 3/24/1958ORDINANCE NO.11SOC AN ORDINANCE PROVIDING MINIMUM REQUIREMENTS IN CONTRACTS WITH THE CITY OF WICHITA FALLS, FOR PUBLIC WORKS AND IMPROVEMENTS. WHEREAS, Section 104 of the Charter of the City of Wichita Falls, provides "that all contracts for One Thou- sand Dollars ($1,000.00) or more, shall be awarded to the lowest responsible bidder after public advertisement and competition as may be prescribed by ordinance," and, WHEREAS, Ordinance 370 provides that advertisements for bids for expenditures involving more than One Thous- and Dollars ($1,000.00), shall meet certain requirements and that such advertisement shall appear three times not less than five (5) days before the date on which bids will be received, and, WHEREAS, the laws of the State of Texas provide that certain classes of expenditures by the city shall be made only after advertisement for bids and shall be let to the lowest and best bidder therefor; and, WHEREAS, the person bidding may not be either an official or an employee of the City of Wichita Falls in any case; and, WHEREAS, even ments the Board of City has entered i bidder meeting the when, in truth and have shown that in the best qualified by following the above legal require - Aldermen finds that on occasion the ato contracts with the lowest and best above requirements and giving bond in fact, a further investigation would all probability such bidder was not to do the work: NOW, THEREFORE, BE IT RESOLVED-by the Board of Al- dermen of the City of Wichita Falls, that hereafter in all bids for public works and improvements, not only shall the above legal requirements be met, but that in addition thereto, the notices inviting bids shall provide that the following requirements shall be met: (1) That the person bidding shall furnish a full and complete financial statement so that the Board of Aldermen may determine his ability to complete his contract insofar as being able to finance himself is concerned; (2) That in all City contracts hereafter, the invitation to bid and the contract itself shall provide a termination date with a clause for liq- uidated damages in the event such contract is not completed by such date; (3) That-all such contracts and invitations to bid shall, as in the past, provide for a bid bond, or'a Cashierts check in the amount of the bid bond, indemnifying the City in the event that the bidder does not execute his contract if he is accepted. i' - 1 - (4 ) That in instances where the price for the services to be performed is approximately the same, with a differential of not to exceed 5% on the contract price offered, the Board of Aldermen shall further determine the financial ability of the contractor, his record for completing previous contracts satisfactorily and timely the amount of work that he has on hand that might interfere with his present offer of work, and any other matters that might make him less likely to complete his contract as agreed upon and in a timely manner. (5) In all such contracts wherein the con- sideration is one thousand dollars (7,1,000.00),or more, the contractor shall furnish a performance bond with an adequate corporate surety. These requirements are cumulative and are not intended to waive or replace any existing ordinance., or ordinances. PASSED AND APPROVED this' day of March, A. D. 1958. fi T: K. C. Spt 11.,,-- a or 6eo. T. Henderson, City Clerk - 2 -