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City of Everett 00 21 13 - 8 00 21 13 - 8 INSTRUCTIONS TO BIDDERS If the City has reason to believe that collusion exists among Bidders, the City will reject the Bids of the known participants in such collusion and may, at its option, require that all Bidders certify under penalty of perjury, that no collusion has occurred or exists. 1-02.7 Bid Security Bid Security in the amount of at least 5 percent of the Total Bid shall accompany each Bid. This security may be by certified check, cashier’s check, or a bid bond made payable to the City of Everett. A bid bond shall be on the form provided in the Contract Documents. A bid bond shall not be conditioned to modify the minimum 5-percent required. The surety shall: (1) be registered with the Washington State Insurance Commissioner, and (2) appear on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner. The failure to furnish a bid security of a minimum of 5 percent shall make the Bid nonresponsive and shall cause the Bid to be rejected by the City of Everett. Bid security shall serve as evidence of good faith and as a guarantee that if awarded the Contract the Bidder will execute the Contract and provide bonds as required by the Bid. Should the successful Bidder fail to enter into the Contract, furnish satisfactory performance and payment bonds, and furnish evidence of insurance on the date(s) required by in bidding documents, the certified check, cashier’s check or bid bond shall be forfeited as liquidated damages. 1-02.8 Not Used. 1-02.9 Delivery of Bid Bidder shall submit Bidder’s Bid in a sealed opaque envelope that clearly and legibly notes the Project Name, the time and date of the bid opening, and the Bidder’s name and address on the outside of the envelope. The City will not open or consider any Bid or any supplement to a Bid that is received after the time specified for receipt of Bids, or received in a location other than that specified for receipt of Bids. 1-02.10 Withdrawing, Revising, or Supplementing Bid After submitting a physical Bid Form to the City, the Bidder may withdraw, revise, or supplement it if: 1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bids, and 2. The City receives the request before the time set for receipt of Bids, and 3. The revised or supplemented Bid (if any) is received by the City before the time set for receipt of the Bid. The original physical Bid Form may be supplemented, or revised and resubmitted as the official Bid if the City receives it before the time set for receipt of Bids. Email, fax or telephone requests to withdraw, revise, or supplement a Bid are not acceptable. Resubmitted Bids shall be in full compliance with the bidding requirements. Bid deposit shall be in an amount sufficient for the Bid as resubmitted. After the scheduled time for opening Bids, no Bidder will be permitted to withdraw its Bid unless the award of contract is delayed for a period exceeding 45 calendar days.