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Ordinance No. NS-XXX <br />Page 7 of 8 <br /> <br />(c) Award of contract. Upon opening the bids at the date, time and place stated in <br />the notice, the aggregate bid of each bidder shall be publicly declared. Following <br />the determination of the lowest and best bidder, the proposal and agreement <br />from this bidder shall be sent to the city attorney for approval as to form. The <br />documents shall then be presented to the city council for approval and <br />authorization for execution. If two (2) or more bids received are the same and <br />the lowest, the council may accept the one it chooses. <br />(d) Notification of award. A notification letter, a request for bonds, when necessary, <br />and a copy of the fully executed contract shall be delivered to the successful <br />bidder. <br />(e) Performance bonds. To secure faithful performance of the contract, the city <br />manager is authorized to require security in the form of cash, cashier's check, <br />certified check or corporate faithful performance bonds, in the following <br />percentages of the aggregate amount bid: One hundred (100) per cent bond for <br />faithful performance, and fifty (50) per cent contractor's payment bond. <br />(f) Rejection of bids. The right to reject all bids is expressly reserved to the city <br />council. After rejecting such bids, or if no bids are received, the city council may <br />determine and declare that, in its opinion based on estimates submitted by the <br />city manager, the public works construction may be performed better or more <br />economically by the city with its own employees, and after the adoption of a <br />motion to this effect by the affirmative votes of at least two-thirds (⅔) of the <br />members of the city council, the council may proceed to have said work done in <br />the manner stated without further observance of the provision of this article. <br /> <br /> <br />Section 8. The City Council finds and determines that this ordinance is not subject <br />to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA <br />Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to <br />sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result <br />in a direct or reasonably foreseeable indirect physical change in the environment, as there <br />is no possibility it will have a significant effect on the environment. As a result, <br />Environmental Review No. 2023-27 will be filed upon adoption of this ordinance. <br /> <br /> <br />Section 9. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this ordinance and each section, subsection, sentence, claus e, <br />phrase or portion thereof irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br />Section 10. This Ordinance shall become effective thirty (30) days after it s <br />adoption.