Common use of Bid Opening and Award of Contract Clause in Contracts

Bid Opening and Award of Contract. Subdivider shall open bids and award contracts in accordance with all the Required Contracting Procedures. Subdivider shall work with City’s Purchasing and Contracting Department to ensure that bids are opened and contracts are awarded in the manner required in accordance with the Required Contracting Procedures. Subdivider shall publicly open sealed bids in the presence of City’s authorized representative(s). The bidding contractors shall be permitted to be present at the bid opening. City’s representative(s) shall be provided with all bids received immediately after the bid opening and with a copy of the tabulation of bid results upon Subdivider’s completion. Contract(s) for the construction of the Project shall be awarded by Subdivider to the qualified contractor(s) in accordance with Required Contracting Procedures, as mutually determined by Subdivider and City’s authorized representative(s). In the event of a dispute, the City shall have ultimate authority to determine to which contractor Subdivider is to award the bid. 4.4.1 In the event that the lowest responsible and reliable bid exceeds the Estimated Cost, any reimbursement for said increase shall be subject to approval by Change Order pursuant to Section 3.3.3 following award of contract. 4.4.1.1 In the event City Council does not approve the increased cost, at the City’s option: 4.4.1.1.1 City may terminate this Agreement. In the event the Agreement is terminated, the obligations of Subdivider, with the exception of Property acquisition (where applicable), pursuant to this Agreement for the construction of Project shall be released without further liability. This release shall in no way affect the obligations of Subdivider with respect to any terms or conditions of the VTMs, TMs, Development Agreements, or other approvals and agreements with City. However, prior to termination of this Agreement, City shall reimburse Subdivider (at City’s option with either FBA credits or cash reimbursement) for the engineering and design costs reasonably incurred and expended by Subdivider in accordance with this Agreement and within the Estimated Cost in accordance with Section

Bid Opening and Award of Contract. Subdivider Developer shall open bids and award contracts in accordance with all the Required Contracting Procedures. Subdivider Developer shall work with City’s Purchasing and Contracting Public Works Department to ensure that bids are opened and contracts are awarded in the manner required in accordance with the Required Contracting Procedures. Subdivider Developer shall publicly open sealed bids in the presence of City’s authorized representative(s). The bidding contractors shall be permitted to be present at the bid opening. City’s representative(s) shall be provided with copies of all bids received immediately after the bid opening and with a copy of the tabulation of bid results upon SubdividerDeveloper’s completion. Contract(s) for the construction of the Plaza Project shall be awarded by Subdivider Developer to the qualified contractor(s) lowest responsible and reliable bidder in accordance with the Required Contracting Procedures, as mutually determined by Subdivider and City’s authorized representative(s). In the event of a dispute, the City shall have ultimate authority to determine to which contractor Subdivider is to award the bid. 4.4.1 In the event that the lowest responsible and reliable bid exceeds the Estimated Cost, any reimbursement for said such an increase shall be subject to approval by Change Order pursuant to Section 3.3.3 3.3.2 following award of the contract. 4.4.1.1 In the event the City Council does not approve the increased cost, at the City’s option: 4.4.1.1.1 City may terminate this Agreement subject to the rights granted a mortgagee as provided for in the Park Development Agreement. In the event the Agreement is terminated, the Developer’s obligations of Subdivider, with the exception of Property acquisition (where applicable), pursuant to this Agreement for the construction of the Plaza Project shall be released without further liability. This release shall in no way affect the obligations of Subdivider Developer with respect to any terms or conditions of the VTMsPermit, TMs, Development Agreementsthe Vacation, or any other approvals and agreements with City. However, prior to termination of this Agreement, City shall reimburse Subdivider Developer (at City’s option with either FBA DIF credits or cash reimbursement) for the engineering and design costs reasonably incurred and expended by Subdivider Developer in accordance with this Agreement and within the Estimated Cost in accordance with SectionSection 3.3. Developer shall provide City with copies of all executed contracts; or 4.4.1.1.2 City may work with Developer to rebid and/or redesign the Plaza Project. 4.4.1.1.3 With Developer’s consent, Developer may award the bid and assume responsibility for the costs in excess of Estimated Cost.

Bid Opening and Award of Contract. Subdivider Developer shall open bids and award contracts in accordance with all the Required Contracting Procedures. Subdivider Developer shall work with City’s Purchasing and Contracting Public Works Department to ensure that bids are opened and contracts are awarded in the manner required in accordance with the Required Contracting Procedures. Subdivider Developer shall publicly open sealed bids in the presence of City’s authorized representative(s). The bidding contractors shall be permitted to be present at the bid opening. City’s representative(s) shall be provided with copies of all bids received immediately after the bid opening and with a copy of the tabulation of bid results upon SubdividerDeveloper’s completion. Contract(s) for the construction of the Project shall be awarded by Subdivider Developer to the qualified contractor(s) lowest responsible and reliable bidder in accordance with the Required Contracting Procedures, as mutually determined by Subdivider and City’s authorized representative(s). In the event of a dispute, the City shall have ultimate authority to determine to which contractor Subdivider is to award the bid. 4.4.1 In the event that the lowest responsible and reliable bid exceeds the Estimated Cost, any reimbursement for said such an increase shall be subject to approval by Change Order pursuant to Section 3.3.3 following award of the contract. 4.4.1.1 In the event the City Council does not approve the increased cost, at the City’s option: 4.4.1.1.1 City may terminate this Agreement. In the event the Agreement is terminated, the Developer’s obligations of Subdivider, with the exception of Property acquisition (where applicable), pursuant to this Agreement for the construction of the Project shall be released without further liability. This release shall in no way affect the obligations of Subdivider Developer with respect to any terms or conditions of the VTMs, TMsTentative Map(s), Development Agreements, or other approvals and agreements with City. However, prior to termination of this Agreement, City shall reimburse Subdivider Developer (at City’s option with either FBA credits or cash reimbursement) for the engineering and design costs reasonably incurred and expended by Subdivider Developer in accordance with this Agreement and within the Estimated Cost in accordance with SectionSection 3.3. Developer shall provide City with copies of all executed contracts; or 4.4.1.1.2 City may work with Developer to rebid and/or redesign the Project. 4.4.1.1.3 With Developer’s consent, Developer may award the bid and assume responsibility for the costs in excess of Estimated Cost.