(A) Bidder's security. All bids shall be presented under sealed cover accompanied by a form of bidders' security as prescribed in the notices inviting bids in an amount at least equal to 10% of the bid amount. Bid security will be forfeited or paid to the city should the bidder fail to execute a contract within the time specified in the notice inviting bids.
(B) Bid opening procedure. Sealed bids shall be submitted to the City Clerk, or designee, and shall be identified as a bid on the envelope. Bids shall be opened in public at the time, date and place stated in the public notices. Late, misplaced, or unsealed bids cannot be considered.
(C) Rejection of bids. The City Manager or City Council, as the case may be, may, in the City Manager's or City Council's sole discretion, reject all bids and proceed as authorized by the Act.
(D) Award of contracts.
(1) The city shall review all bids received for completeness, accuracy, responsiveness to the invitation and bid documents, and the city's experience with or knowledge of the qualification and reliability of each bidder.
(2) If awarded, the contract shall be awarded to the lowest responsible bidder. If no bids are received, the project may be performed by employees of the city by force account or by negotiated contract without further complying with this chapter.
(3) If all bids received are in excess of the informal bidding limit, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at or below the provisional limit set forth in Cal. Public Contract Code § 22034(d), to the lowest responsible bidder, if it determines that the city's cost estimate was reasonable.
(4) If two or more bids received are the same and the lowest, the City Manager or City Council, as the case may be, may accept the bid it chooses.
(Ord. 1303, passed 9-16-20)