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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 10 OF 114 CONTRACT <br />FEDERAL AID # TAP-0420(026) <br />WO #3785 September 6, 2024 <br /> <br />If the Contracting Agency determines the Bidder does not meet the mandatory bidder 1 <br />responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the 2 <br />Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. 3 <br />If the Bidder disagrees with this determination, it may appeal the determination within two 4 <br />(2) business days of the Contracting Agency’s determination by presenting its appeal and 5 <br />any additional information to the Contracting Agency. The Contracting Agency will 6 <br />consider the appeal and any additional information before issuing its final determination. 7 <br />If the final determination affirms that the Bidder is not responsible, the Contracting Agency 8 <br />will not execute a contract with any other Bidder until at least two business days after the 9 <br />Bidder determined to be not responsible has received the Contracting Agency’s final 10 <br />determination. 11 <br /> 12 <br />1-02.15.RTF 13 <br />1-02.15 Pre Award Information 14 <br />(December 30, 2022 APWA GSP) 15 <br /> 16 <br />Revise this section to read: 17 <br /> 18 <br />Before awarding any contract, the Contracting Agency may require one or more of these 19 <br />items or actions of the apparent lowest responsible bidder: 20 <br />1. A complete statement of the origin, composition, and manufacture of any or all 21 <br />materials to be used, 22 <br />2. Samples of these materials for quality and fitness tests, 23 <br />3. A progress schedule (in a form the Contracting Agency requires) showing the order 24 <br />of and time required for the various phases of the work, 25 <br />4. A breakdown of costs assigned to any bid item, 26 <br />5. Attendance at a conference with the Engineer or representatives of the Engineer, 27 <br />6. Obtain, and furnish a copy of, a business license to do business in the city or county 28 <br />where the work is located. 29 <br />7. Any other information or action taken that is deemed necessary to ensure that the 30 <br />bidder is the lowest responsible bidder. 31 <br /> 32 <br />1-03.1(1).RTF 33 <br />1-03.1(1) Identical Bid Totals 34 <br />(December 30, 2022 APWA GSP) 35 <br /> 36 <br />Revise this section to read: 37 <br /> 38 <br />After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then 39 <br />the tie-breaker will be the Bidder with an equal lowest bid, that proposed to use the 40 <br />highest percentage of recycled materials in the Project, per the form submitted with the 41 <br />Bid Proposal. If those percentages are also exactly equal, then the tie -breaker will be 42 <br />determined by drawing as follows: Two or more slips of paper will be marked as follows: 43 <br />one marked “Winner” and the other(s) marked “unsuccessful”. The slips will be folded to 44 <br />make the marking unseen. The slips will be placed inside a box. One authorized 45 <br />representative of each Bidder shall draw a slip from the box. Bidders shall draw in 46 <br />alphabetic order by the name of the firm as registered with the Washington State 47 <br />Department of Licensing. The slips shall be unfolded and the firm with the slip marked 48 <br />“Winner” will be determined to be the successful Bidder and eligible for Award of the 49 <br />Contract. Only those Bidders who submitted a Bid total that is exactly equal to the lowest 50