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City of Everett 00 21 13 - 3 <br />Port Gardner Storage Facility - Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 21 13 - 3 INSTRUCTIONS TO BIDDERS <br />1-02.1(2) Supplemental Bidder Responsibility Criteria <br />The following Supplemental Bidder Responsibility Criterion applies to this Project: <br />Extended Certification of Wage Compliance. Within the five-year period <br />immediately preceding the date of the bid solicitation, the Bidder must not have <br />been determined by a final and binding citation and notice of assessment issued <br />by the department of labor and industries or through a civil judgment entered by <br />a court of limited or general jurisdiction to have willfully violated, as defined in <br />RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. <br />The Bidder must sign and submit a wage certification as provided by the City in the <br />bidding documents (which is usually included in the Bid Form) before Project award. <br />The City may also use independent sources of information that may be available to <br />demonstrate whether the Bidder is in compliance with this criterion. A Bidder may <br />request that City modify the supplemental bidder responsibility criterion listed above. <br />This request must be in writing to the City project manager and must be received by <br />the City project manager at least ten business days before the bid opening. If the City <br />determines the Bidder does not meet the bidder responsibility criterion above and is <br />therefore not a responsible bidder, the City will notify the Bidder in writing with the <br />reasons for its determination. If the Bidder disagrees with this determination, the <br />Bidder may appeal to the director of the City department responsible for this Contract <br />(the “Director”) by presenting additional information to the Director in writing within two <br />(2) business days after receipt of the City’s determination. The Director will consider <br />the appeal and any additional information and will issue a decision regarding the <br />appeal. Any protest by Bidder of the Director decision must be in strict conformity to <br />Everett Municipal Code Chapter 3.46, Bid Protest Procedures. <br />If this Project is subject to additional supplemental bidder responsibility criteria, then <br />such criteria will be contained in SECTION 00 2213, SUPPLEMENTAL <br />INSTRUCTIONS TO BIDDERS and such SECTION 00 2213 will govern those criteria. <br />If there is no SECTION 00 2213, SUPPLEMENTAL INSTRUCTIONS TO BIDDERS in <br />the bid package, then the Project is not subject to any additional supplemental bidder <br />responsibility criteria. <br />1-02.2 Plans and Specifications <br />Information as to where bid documents can be obtained or reviewed will be found in the <br />Call for Bids (Advertisement for Bids) for the Work. <br />1-02.3 Not Used <br />1-02.4 Examination of Plans, Specifications, and Site of Work <br />1-02.4(1) General <br />The Bidder shall carefully examine the Contract Documents. Submittal of a Bid shall be <br />conclusive evidence that the Bidder has made these examinations and understands all <br />requirements for the performance of the completed Work. The Bidder further warrants, <br />agrees, and acknowledges by submitting a Bid that it: <br />1. Has taken steps reasonably necessary to ascertain the nature and location <br />of the Work, including without limitation the actual physical conditions of and <br />at the location, surface and subsurface conditions, and conditions ordinarily <br />to be encountered and generally recognized as inherent in the Work;