3.23.100 Award of Contract to Next Lowest Bidder–Lowest Bidder Irresponsible–Notice and Hearing.
   A.   The City Council, in its sole discretion, may reject the lowest bid upon specific findings that the lowest bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder’s financial responsibility, type of license, type of equipment, number of years experience in construction work, other projects bidder worked on in the last five years, whether bidder has failed to complete any contract and bidder’s ability to be bonded.
   B.   If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall do the following:
      1.   Give notice of the City Council’s decision to the lowest bidder, setting forth the reasons why he/she is not considered the lowest “responsible” bidder;
      2.   In the notice, give bidder an opportunity to ask for a pre-award hearing before the City Council on the issue;
      3.   If hearing is requested, agenda the matter pursuant to California Government Code hearing requirements;
      4.   After the hearing, the City Council shall make a finding, supported by the evidence on the record, as to the nonresponsibility of the lowest bidder.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)