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' City of Everett 00 2213 - 2 <br /> UT 3707 <br /> Diversion Dam Road Phase 3 & UT 3708 <br /> c. Timeliness of performance; <br /> ' d. Use of skilled personnel; <br /> e. Management of subcontractors; <br /> f. Availability of and use of appropriate equipment; <br /> ' g. Compliance with contract documents; <br /> h. Management of submittals process, change orders, and close-out. <br /> 1 1.3 PROCEDURE <br /> A. Requests for Criteria Modification. <br /> ' 1. A Bidder may request that City modify the supplemental bidder responsibility <br /> criteria listed above. This request must be in writing to the City project manager <br /> and must be received by the City project manager at least ten business days before <br /> ' the bid opening. The City project manager will evaluate the information submitted <br /> by the Bidder and will respond within three business days after receipt of the <br /> request. If City evaluation results in a change of the criteria, the City will issue an <br /> ' addendum to the bid documents identifying the new or revised criteria. Any protest <br /> of a City decision regarding a request for criteria modification must be in strict <br /> conformity with Everett Municipal Code Chapter 3.46, Bid Protest Procedures. <br /> 1 B. Additional Information. <br /> 1. The City may require that the Bidder submit information in addition to the Bidder's <br /> Supplemental Responsibility Statement. The City may requirement <br /> supplementation or revision of the Bidder's Supplemental Responsibility <br /> Statement. <br /> C. Appeal of Responsibility Decision. <br /> 1. If the City determines the Bidder does not meet the bidder responsibility criteria <br /> above and is therefore not a responsible bidder, the City will notify the Bidder in <br /> writing with the reasons for its determination. If the Bidder disagrees with this <br /> determination, the Bidder may appeal to the director of the City department <br /> responsible for this Contract (the "Director") by presenting additional information <br /> to the Director in writing within one business day after receipt of the City's <br /> determination. The Director will consider the additional information and will issue <br /> his decision regarding the appeal. Any protest by Bidder of the Director decision <br /> must be in strict conformity to Everett Municipal Code Chapter 3.46, Bid Protest <br /> ' Procedures, which (among other requirements) requires that any protest be filed <br /> with the City Clerk no later than the business day prior to the date of City Council <br /> proposed award or rejection of all bids. The City will not execute a contract with <br /> any other Bidder until two business days after the Bidder determined to be not <br /> ' responsible has received the Director decision or, if a protest is filed under Everett <br /> Municipal Code Chapter 3.46, until two business days after the Bidder receives <br /> written notice of the City's final determination of the protest. <br /> PART 2 - PRODUCTS (Not Used) <br /> PART 3 - EXECUTION (Not Used) <br /> 00 2213 - 2 SUPPLEMENTAL INSTRUCTIONS TO BIDDERS <br />