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<br />Ordinance No. NS-XXX <br />Page 13 of 15 <br /> businesses engaged in providing labor and materials for such <br /> construction located within the boundaries of the city. <br /> <br /> (b2) The bid. Included with the plans and specifications for a work of <br /> public works construction shall be the following documents: <br /> Instructions to bidder, proposal, bond samples and the contract. The <br /> bidder shall execute the proposal and contract, and submit them <br /> sealed with at least a ten (10) per cent bid bond, cashier's check or <br /> certified check. <br /> <br /> (c3) Award of contract. Upon opening the bids at on the date, time and <br /> place stated in the notice, the aggregate bid of each bidder shall be <br /> publicly declared. Following the determination of the lowest and best <br /> bidder, the proposal and agreement from this bidder shall be sent to <br /> the city attorney for approval as to form. The documents shall then <br /> be presented to the city council for approval and authorization for <br /> execution. If two (2) or more bids received are the same and the <br /> lowest, the council may accept the one it chooses. <br /> <br /> (d4) Notification of award. A notification letter, a request for bonds, when <br /> necessary, and a copy of the fully executed contract shall be <br /> delivered to the successful bidder. <br /> <br /> (e5) Performance bonds. To secure faithful performance of the contract, <br /> the city manager is authorized to require security in the form of cash, <br /> cashier's check, certified check or corporate faithful performance <br /> bonds, in the following percentages of the aggregate amount bid: <br /> One hundred (100) per cent bond for faithful performance, and fifty <br /> (50) per cent contractor's payment bond. <br /> <br /> (f6) Rejection of bids. The right to reject all bids is expressly reserved to <br /> the city council. After rejecting such bids, or if no bids are received, <br /> the city council may determine and declare that, in its opinion based <br /> on estimates submitted by the city manager, the public works <br /> construction may be performed better or more economically by the <br /> city with its own employees, and after the adoption of a motion to this <br /> 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 <br /> work done in the manner stated without further observance of the <br /> provision of this article. <br /> <br />Section 15. The City Council finds and determines that this Ordinance is not <br />subject to the California Environmental Quality Act (CEQA) pursuant to Sections <br />15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a <br />direct or reasonably foreseeable indirect physical change in the environment, as there is