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City of Everett 00 2113 - 9 <br /> <br /> <br />Instructions to Bidders <br />002113-9 202082-10 May 2024 <br />pw://Carollo/Documents/WA/Everett/202082-100000/04 Design/04 Specs/Carollo/002113 (FS-100) <br /> <br />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 <br />a responsible bidder and which bid, if any, should be accepted in the best interest of the <br />City. The right is reserved by the City to waive informalities in the bidding, accept a Bid of <br />the lowest responsible Bidder, reject any or all Bids, republish the call for Bids, revise or <br />cancel the Work, or require the Work to be done in another way if the best interest of the <br />City is served. <br />Within 5 days after the opening of Bids (or such longer time as the City may grant in <br />writing), a Bidder who wishes to claim error shall submit a notarized affidavit signed by the <br />Bidder, accompanied by original work sheets used in the preparation of the Bid, requesting <br />relief from the responsibilities of Award. The affidavit shall describe the specific error(s) <br />and certify that the work sheets are the originals used in the preparation of the Bid. The <br />Engineer will review the certified work sheets to determine the validity of the claimed error <br />and make recommendation to the City. If the City concurs in the claim of error, the Bidder <br />will be relieved of responsibility, and the bid deposit of the Bidder will be returned. <br />Thereafter, at the discretion of the City, all Bids may be rejected or Award made to next <br />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 <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. <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 <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.