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City of Everett 00 21 13 - 13 <br />Port Gardner Storage Facility - Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 21 13 - 13 INSTRUCTIONS TO BIDDERS <br />1-03.5 Failure to Execute Contract <br />Failure to return the proof of insurance and the bonds with the signed Contract as required <br />in these Instructions, or failure or refusal to sign the Contract (including the Letter of <br />Assent), or failure to register as a contractor in the state of Washington shall result in <br />forfeiture of the bid bond or deposit of this Bidder. If this should occur, the City may then <br />Award the Contract to the second lowest responsible Bidder or reject all remaining Bids. <br />If the second lowest responsible Bidder fails to return the required documents as stated <br />above within the time provided after Award, the Contract may then be Awarded <br />successively in a like manner to the remaining lowest responsible Bidders until the above <br />requirements are met or the remaining Bid are rejected. <br />In addition, failure to have or obtain a City of Everett business license prior to executing <br />the Contract, unless immediately cured by Bidder after notice from the City, shall result in <br />forfeiture of the proposal bond or deposit of this Bidder. <br />1-03.6 Return of Bid Deposit <br />When Bids have been examined and corrected as necessary, proposal bonds and <br />deposits accompanying Bids ineligible for further consideration will be returned. All other <br />proposal bonds and deposits will be held until the Contract has been properly executed. <br />When the Contract has been properly executed, all remaining deposits or bonds, except <br />those subject to forfeiture, will be returned. <br />Within 15 calendar days after the Bids are opened, the City will return the bid deposit <br />accompanying the Bids that are not to be considered in making the Award. <br />1-03.7 Judicial Review <br />All protests by Bidders must be in accordance with Chapter 3.46 of the Everett Municipal <br />Code, “Bid Protest Procedures.” <br />The exclusive venue of all lawsuits shall be in Snohomish County Superior Court. <br />OTHER MATTERS <br />Time of Completion <br />The Contractor shall complete the Work on or before the date or dates specified in Section <br />00 5213 -AGREEMENT FORM <br />Equal Employment Opportunity <br />The Contractor will be required to assure that equal employment opportunities will be in effect <br />to all individuals throughout the duration of this Contract, pursuant to SECTION 00 7200, Part <br />7 “Labor Standards,” of the Contract Documents. The Contractor must comply with all local, <br />State and Federal laws pertaining to non-discrimination and equal employment opportunity. <br />Sales Tax <br />The Washington State Department of Revenue has issued special rules on the State sales <br />tax. The Contractor should contact the Washington State Department of Revenue for <br />answers to questions in this area. The City will not adjust its payment if the Contractor bases <br />a Bid on a misunderstood tax liability. The Contractor shall not include State retail sales taxes <br />in the unit bid prices. A separate line item for applying State retail sales tax is provided in the <br />Bid Form.