A. Except as provided in subsection B of this section, if the city certifies that all accepted bids exceed available funds and that the lowest responsive and responsible bidder does not exceed the available funds by more than five percent (5%), the city may negotiate an adjustment of the bid price and bid requirements with the lowest responsive and responsible bidder in order to bring the bid within the amount of available funds.
B. The city may not adjust the bid requirements under subsection A of this section if there is a substantial likelihood that, had the adjustment been included in the invitation for bids, a person that did not submit a bid would have submitted a responsive, responsible, and competitive bid. (Ord. 2014-08, 8-5-2014)