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The procedure and time limits set forth in this Section are mandatory and are the bidder's sole and <br />exclusive remedy in the event of a Bid Protest. The bidder's failure to fully comply with these <br />procedures shall constitute a waiver of any right to further pursue the Bid Protest, including filing of <br />a challenge of the award pursuant to the California Public Contracts Code, filing of a claim pursuant <br />to the California Government Code, or filing of any other legal proceedings. <br />The City shall review all timely protests prior to formal award of the bid. The City shall not be <br />required to hold an administrative hearing to consider a timely protest, but may do so at the option of <br />the Engineer, or if otherwise legally required. At the time of the City Council's consideration of the <br />award of the bid, the City Council shall also consider the merits of any timely protests and the <br />Engineer's recommendation thereon. The City Council may either accept the protest and award the <br />bid to the next lowest responsible bidder, or reject the protest and award to the lowest responsible <br />bidder. Nothing in this section shall be construed as a waiver of the City Council's right to reject all <br />bids. <br />The City reserves the right to waive any bid irregularities not affecting the amount of the bid, except <br />where such waiver would give the low bidder an advantage or benefit not allowed other bidders. <br />Dated: <br />Marian Handa <br />