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t <br /> City of Everett 00 21 13 - 10 <br /> Water Filter Plant Emergency Generator Replacement WO#3587 I <br /> deposit of the Bidder will be returned. Thereafter, at the discretion of the City, all Bids may , <br /> be rejected or Award made to next lowest and responsive Bidder. <br /> 1-03.1(2) Preference for Resident Contractors <br /> 111 <br /> In accordance with RCW 39.04.380, if a Bid is received from a nonresident contractor <br /> from a state that provides a percentage bidding preference and does not have an <br /> office located in Washington, then a comparable percentage disadvantage will be <br /> applied to the Bid of that nonresident contractor. <br /> 1-03.1(3) Tie Bids <br /> After opening Bids, if two or more lowest responsive and responsible Bid totals are <br /> exactly equal, then the tie-breaker will be determined by drawing as described in this <br /> section. Two or more slips of paper will be marked as follows: one marked "Winner" and <br /> the other(s)marked"unsuccessful".The slips will be folded to make the marking unseen. <br /> The slips will be placed inside a box. One authorized representative of each Bidder shall <br /> draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm <br /> as registered with the Washington State Department of Licensing. The slips shall be <br /> unfolded and the firm with the slip marked "Winner" will be determined to be the <br /> successful Bidder and eligible for Award of the Contract. Only those Bidders who <br /> submitted a Bid total that is exactly equal to the lowest responsive Bid are eligible to <br /> draw. I <br /> 1-03.2 Award of Contract <br /> Within 45 days after the opening of Bids, the City will act either to accept the Bid from the I <br /> lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to <br /> request extensions of such Bid acceptance period. If the lowest responsible Bidder and <br /> the City cannot agree on an extension by the 45 day deadline, the City reserves the right <br /> to award the Contract to the next lowest responsible Bidder or reject all Bids. <br /> The acceptance of a Bid will be evidenced by a written Notice of Award of Contract <br /> delivered in person or by certified mail to the Bidder whose Bid is accepted, together with <br /> a request to furnish a Contract Bond and evidence of insurance and to execute the <br /> Contract set forth in the Contract Documents. No Contract is formed until the Contract <br /> Execution Date. <br /> 1-03.3 Execution of Contract <br /> Successful Bidder has 14 calendar days after receiving the Notice of Award to submit the <br /> following documents to the City: <br /> • Two executed copies of the Contract. <br /> • Two original payment bonds and two original performance bonds submitted <br /> on forms contained in Contract Documents. <br /> • Certificate of Insurance and additional insured endorsements in accordance <br /> with the Contract Documents. <br /> Until the City executes a Contract, no Bid shall bind the City nor shall any Work begin <br /> 111 <br /> within the project limits or within City-furnished sites.The Contractor shall bear all risks for <br /> any Work begun outside such areas and for any materials ordered before the Contract is <br /> executed by the City. <br /> If the Bidder experiences circumstances beyond their control that prevents return of the <br /> Contract Documents within 14-calendar days after the Award Date, the City may grant <br /> I <br /> 00 21 13 - 10 INSTRUCTIONS TO BIDDERS <br /> I <br />