CHARTER ARTICLE XI. PUBLIC WORKS AND SUPPLIES.

All contracts shall be drawn under the supervision of the City Attorney. All contracts must be in writing, executed in the name of the City of Berkeley by an officer or officers authorized to sign the same, and must be countersigned by the Auditor, who shall number and register the same in a book kept for that purpose.

Any contract may provide for progressive payments, if in the ordinance or resolution authorizing or ordering the work permission is given for such a contract. But no progressive payments can be provided for or made at any time which, with prior payments, if there have been such, shall exceed in amount at that time ninety per cent of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize or permit the payment of more than ninety per cent of the contract price before the completion of the work done under said contract and the acceptance thereof by the proper officer, department or board.

Section 67. Expenditures in excess of the limitation established by ordinance.

(a) Each specific improvement and each purchase of supplies, equipment or materials the expenditure for which exceeds an amount set by ordinance, as provided for in Section 67(b) hereof, shall be done by contract authorized by resolution of the Council and said contract shall be let to the lowest responsible bidder after advertising for sealed proposals for five (5) consecutive days as required by this Charter. Such notice shall give a brief description of the work to be done or the supplies, equipment or materials to be purchased. The Council may reject any and all bids. If all bids are so rejected or if no bids are received, the Council may readvertise for new bids, or authorize the City Manager to negotiate in the open market for a contract at a reasonable price, or authorize the City Manager to purchase in the open market, or authorize the City Manager to have the work performed by City employees.

(b) The ordinance establishing the amount for which each specific improvement or purchase shall be approved by the City Council shall not be adopted or amended except upon a 6/9 vote of the City Council.

The provisions of Section 67 of this Charter shall not apply to any work which is being performed by City employees with City materials and with equipment owned or rented by the City.

The Council may, by resolution, authorize the purchase of any personal property from the United States of America or any State, municipality or other public corporation or agency without calling for bids as required by Section 67, and may, in said resolution, authorize any municipal officer to submit a bid for said personal property, or to make a down payment or payment in full that may be required in connection with such bidding or sale.

Any provisions of this Charter which are inconsistent with the provisions of this Section are suspended to the extent that such provisions are inconsistent herewith.

The provisions of Section 67 of this Charter shall not apply to the purchases from any utility publicly owned or regulated by the Public Utilities Commission of the State of California or its successor.

(a) The provisions of Section 67 of this Charter shall not apply to work done or purchases made for that which is deemed by the City Manager to be an actual emergency and of urgent necessity for the preservation of life, health or property; provided, that any such expenditure in excess of an amount set by ordinance, as provided for in Section 67.4(b), must be authorized by resolution of the Council.

(b) The ordinance establishing the maximum expenditure which the City Manager may make in an actual emergency shall not be adopted or amended except upon a 6/9 vote of the City Council.

Section 67.5. Other expenditures in excess of the limitation established by ordinance.

(a) Except as specifically authorized in Sections 67.1, 67.2 or 67.3, any action providing for the expenditure of public money the amount of which exceeds an amount set by ordinance, as provided for in Section 67.5(b), shall be authorized by resolution of the Council or shall be done by contract authorized by resolution of the Council.

(b) The ordinance establishing the amount for which each expenditure authorized in Section 67.5(a) must be approved by the City Council shall not be adopted or amended except upon a 6/9 vote of the City Council.

The Council may in its discretion establish the manner of publicizing all matters required by this Charter to be publicized including any matter required by Section 44(6) of this Charter.

The maximum time of labor or service required of any laborer, workman or mechanic employed upon any municipal work, whether so employed directly by the City and its officers, or by a contractor or sub-contractor, shall be eight hours during any one calendar day.

Any officer of the City, or of any department thereof, who shall aid or assist a bidder in securing a contract to furnish labor, material or supplies at a higher price than that proposed by any other bidder, or who shall favor one bidder over another by giving or withholding information, or who shall willfully mislead any bidder in regard to the character of the material or supplies called for, or who shall knowingly accept materials or supplies of a quality inferior to those called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amount or different kind of material or supplies than has been actually received, shall be deemed guilty of malfeasance and shall be removed from office.

If at any time it shall be found that the person to whom a contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties for the purpose of preventing any other bid being made, then the contract so awarded shall be null and void, and the Council shall advertise for a new contract for said work, or provide for such public work to be done by the Department of Public Works.

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