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City of Everett 00 21 13 - 11 <br />Port Gardner Storage Facility - Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 21 13 - 11 INSTRUCTIONS TO BIDDERS <br />After Bid opening, but prior to award, the apparent successful Bidder shall, if requested <br />by the City, attend a pre-award conference to respond to questions by the City regarding <br />evaluation of Bids. The City will emphasize items such as insurance and bonding that <br />will assist in prompt issuance of the Notice to Proceed. By conducting a pre-award <br />conference, the City has not thereby waived its right to make determinations regarding <br />responsiveness and responsibility of the Bidder. <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.