CHAPTER XIX. CONTRACTS1

1 Preparation.

All contracts shall be drawn under the supervision of the City Attorney, must be in writing, executed in the name of the City of Phoenix by the Manager, except as it may be otherwise provided either by this Charter or by law, and must be countersigned by the City Clerk, who shall number and register the same in a book kept for that purpose.

2 Progressive payments; limitations on payments to be made prior to completion of work.

Any contract may provide for progressive payments. No contract shall provide for or authorize or permit the payment of more than ninety percent of the total contract price before the completion of the total work to be done under said contract and the acceptance thereof by the proper officer, department or board.

(Election of 11-1-1977)

3 Bids.

In all public works, including the furnishing of supplies, materials, and services for the same, when the expenditure required exceeds the sum of Five Thousand Dollars ($5000.00), the Manager shall advertise for bids for the public works contemplated, and for furnishing such supplies, materials, or services and ask for sealed proposals.

The advertisement for bids shall distinctly and specifically state the character of the public works contemplated and the kind of supplies, materials or services required. Such notice shall be published at least once in the official newspaper. The Manager may, with the consent of the Council, let the contract to the lowest responsible bidder, may reject any and all bids, and may re-advertise for bids, or provide for the public works to be done under his direction and supervision and purchase all supplies and materials required. In case he re-advertises, and no bid is received, he may, with the consent of the Council, provide for the public works to be done under his direction and supervision, and purchase such supplies and materials as may be required.

The restrictions of this section shall not apply to the following:

1.    Contracts for professional services when authorized by action of the City Council;

2.    Contracts for labor, materials, or supplies for actual emergency public works, when authorized by action of the City Council.

(Election of 11-9-1971)

4 Contracts for official advertising.

The Manager shall let annually contracts for official advertising for the ensuing fiscal year. For this purpose he shall submit to each newspaper published in the City, a notice describing the contemplated advertising and asking for sealed proposals The proposals shall specify the type and spacing to be used at the rate or rates named in the bid. The Manager shall let the contracts for such official advertising to the lowest and best bidder publishing a newspaper of general circulation in the City; provided that in his discretion he may reject any and all bids and proceed to secure new bids in the manner herein provided.

The newspaper to which the award for such advertising is made shall be known and designated as the official newspaper.

(Election of 11-9-1971)

5 [Reserved.]

Editor’s noteSection 5, titled "Eight hour day requirements; minimum wages; citizenship requirements," was repealed at the election of November 9, 1971.

6 Paydays.

The City, and every department thereof, and every contractor employed under a contract by the City or by any of its departments shall designate regular days not more than sixteen (16) days apart as days fixed for the payment of wages to the employees thereof. However, this provision shall not apply to officers of the City whose compensation is fixed by annual or monthly salaries.

7 Fraud and collusion.

Any officer of the City, or of any department thereof, who shall aid or assist a bidder in securing a contract to furnish labor, materials 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 wilfully mislead any bidder in regard to the character of the material or supplies called for or the conditions under which the proposed work is to be done, or who shall knowingly accept materials or supplies of a quality inferior to those called for by any 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 a misdemeanor and shall be removed from office.

8 Avoidance of contracts made through fraud and collusion.

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 City under the direction of the Manager.

9 [Reserved.]

Editor’s noteSection 9, titled "Employment of City residents," was repealed at the election of November 9, 1971.


1

State Law referencePublic works contracts, A.R.S. § 34-201 et seq.