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1-03 AWARD AND EXECUTION OF CONTRACT <br />1-03.1 Consideration of Bids <br />Bids will be evaluated by the City to determine which bid is the lowest responsive bid by a <br />responsible bidder and which bid, if any, should be accepted in the best interest of the City. The <br />right is reserved by the City to waive informalities in the bidding, accept a Bid of the lowest <br />responsible Bidder, reject any or all Bids, republish the call for Bids, revise or cancel the Work, or <br />require the Work to be done in another way if the best interest of the City is served. <br />Within 5 days after the opening of Bids (or such longer time as the City may grant in writing), a <br />Bidder who wishes to claim error shall submit a notarized affidavit signed by the Bidder, <br />accompanied by original work sheets used in the preparation of the Bid, requesting relief from the <br />responsibilities of Award. The affidavit shall describe the specific error(s) and certify that the work <br />sheets are the originals used in the preparation of the Bid. The Engineer will review the certified <br />work sheets to determine the validity of the claimed error and make recommendation to the City. <br />If the City concurs in the claim of error, the Bidder will be relieved of responsibility, and the bid <br />deposit of the Bidder will be returned. Thereafter, at the discretion of the City, all Bids may be <br />rejected or Award made to next lowest and responsive Bidder. <br />1-03.1(2) Preference for Resident Contractors <br />In accordance with RCW 39.04.380, if a Bid is received from a nonresident contractor from a <br />state that provides a percentage bidding preference and does not have an office located in <br />Washington, then a comparable percentage disadvantage will be applied to the Bid of that <br />nonresident contractor. <br />1-03.1(3) Tie Bids <br />After opening Bids, if two or more lowest responsive and responsible Bid totals are exactly equal, <br />then the tie -breaker will be determined by drawing as described in this section. Two or more slips <br />of paper will be marked as follows: one marked "Winner" and the other(s) marked "unsuccessful". <br />The slips will be folded to make the marking unseen. The slips will be placed inside a box. One <br />authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in <br />alphabetic order by the name of the firm as registered with the Washington State Department of <br />Licensing. The slips shall be unfolded and the firm with the slip marked "Winner" will be <br />determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders <br />who submitted a Bid total that is exactly equal to the lowest responsive Bid are eligible to draw. <br />1-03.2 Award of Contract <br />Within 60 days after the opening of Bids, the City will act either to accept the Bid from the lowest <br />responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request <br />extensions of such Bid acceptance period. If the lowest responsible Bidder and the City cannot <br />agree on an extension by the 60 day deadline, the City reserves the right to award the Contract to <br />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 delivered in <br />person or by certified mail to the Bidder whose Bid is accepted, together with a request to furnish <br />the Performance and Payment Bonds. and evidence of insurance and to execute the Contract set <br />forth in the Contract Documents. No Contract is formed until the Contract Execution Date. <br />1-03.3 Execution of Contract <br />Within 3 calendar days of receiving Notice of Award (not including Saturdays, Sundays and <br />Holidays), the successful Bidder shall provide to the City the information necessary to execute the <br />Contract electronically. This information shall include contact information, including the full name, <br />title, email address, and phone number for the authorized signer of the Bidder. <br />Successful Bidder has 14 calendar days after receiving the Notice of Award to complete the <br />following: <br />• Execute the Contract upon receipt from the City's AdobeSign System. <br />Reservoir 3 Replacement Phase 1 <br />Work Order No. UP3739 00 21 13 <br />INSTRUCTIONS TO BIDDERS March 2024 <br />