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Ordinance No. NS-XXX Page 13 of 15 businesses engaged in providing labor and materials for such construction located within the boundaries of the city. (b2) The bid. Included with the plans and specifications for a work of public works construction shall be the following documents: Instructions to bidder, proposal, bond samples and the contract. The bidder shall execute the proposal and contract, and submit them sealed with at least a ten (10) per cent bid bond, cashier's check or certified check. (c3) Award of contract. Upon opening the bids at on the date, time and place stated in the notice, the aggregate bid of each bidder shall be publicly declared. Following the determination of the lowest and best bidder, the proposal and agreement from this bidder shall be sent to the city attorney for approval as to form. The documents shall then be presented to the city council for approval and authorization for execution. If two (2) or more bids received are the same and the lowest, the council may accept the one it chooses. (d4) Notification of award. A notification letter, a request for bonds, when necessary, and a copy of the fully executed contract shall be delivered to the successful bidder. (e5) Performance bonds. To secure faithful performance of the contract, the city manager is authorized to require security in the form of cash, cashier's check, certified check or corporate faithful performance bonds, in the following percentages of the aggregate amount bid: One hundred (100) per cent bond for faithful performance, and fifty (50) per cent contractor's payment bond. (f6) Rejection of bids. The right to reject all bids is expressly reserved to the city council. After rejecting such bids, or if no bids are received, the city council may determine and declare that, in its opinion based on estimates submitted by the city manager, the public works construction may be performed better or more economically by the city with its own employees, and after the adoption of a motion to this effect by the affirmative votes of at least two-thirds (⅔) of the members of the city council, the council may proceed to have said work done in the manner stated without further observance of the provision of this article. Section 15. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is City Council 24 –19 3/1/2022