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Section 00 22 13 SUPPLEMENTAL INSTRUCTIONS TO BIDDERS c. Timeliness of performance; d. Use of skilled personnel; e. Management of subcontractors; f. Availability of and use of appropriate equipment; g. Compliance with contract documents; h. Management of submittals process, change orders, and close-out. 1.03 PROCEDURE A. Requests for Criteria Modification 1. A Bidder may request that City modify the supplemental bidder responsibility criteria listed above. This request must be in writing to the City project manager and must be received by the City project manager at least ten business days before the bid opening. The City project manager will evaluate the information submitted by the Bidder and will respond within three business days after receipt of the request. If City evaluation results in a change of the criteria, the City will issue an addendum to the bid documents identifying the new or revised criteria. Any protest of a City decision regarding a request for criteria modification must be in strict conformity with Everett Municipal Code Chapter 3.46, Bid Protest Procedures. I B. Additional Information 1. The City may require that the Bidder submit information in addition to the 1 Bidder's Supplemental Responsibility Statement. The City may requirement supplementation or revision of the Bidder's Supplemental Responsibility Statement. I C. Appeal of Responsibility Decision 1. If the City determines the Bidder does not meet the bidder responsibility I criteria above and is therefore not a responsible bidder, the City will notify the Bidder in writing with the reasons for its determination. If the Bidder disagrees with this determination, the Bidder may appeal to the director of the City department responsible for this Contract (the "Director") by presenting additional information to the Director in writing within one business day after receipt of the City's determination. The Director will consider the additional information and will issue his decision regarding the appeal. 2. Any protest by a Bidder of the Director decision must be in strict conformity to Everett Municipal Code Chapter 3.46, Bid Protest Procedures, which (among other requirements) requires that any protest be filed with the City Clerk no later than the business day prior to the date of City Council proposed award or rejection of all bids. The City will not execute a contract with any other Bidder until two business days after the Bidder determined to be not responsible has received the Director decision or, if a protest is filed under Everett Municipal Code Chapter 3.46, until two business days after the Bidder receives written notice of the City's final determination of the protest. City of Everett 00 22 13-2 January 2022 Evergreen Pump Station Modifications UP3747-3 r