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I Section 002313 Supplementary Instructions to Bidders I 1. Criterion: The Bidder shall not owe delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the Department of Revenue. 111 2. Documentation: The Bidder shall not be listed on the Washington State Department of Revenue's"Delinquent Taxpayer List"website: http://dor.wa.gov/content/fileandpaytaxes/latefiling/dtlwest.aspx. C. Federal Debarment 1. Criterion: The Bidder shall not currently be debarred or suspended by the Federal government. 2. Documentation: The Bidder shall not be listed as a current debarred or suspended Bidder on the I U.S. General Services Administration's"Excluded Parties List System"website: http://www.epls.gov/. D. Termination For Cause 1. Criterion: The Bidder shall not have had any public works contract terminated for cause by a government agency during the five year period immediately preceding the date of Bid opening, unless there are extenuating circumstances acceptable to the City. 2. Documentation: The Bidder shall submit the Bidder Qualification Statement as provided in Section 004513. The City may also use independent sources of information that may be available to demonstrate whether the Bidder is in compliance with these criteria. E. Claims Against Retainage and Bonds 1. Criterion: The Bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects during the previous three years that demonstrate a lack111 of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers,and workers,unless there are extenuating circumstances acceptable to the City. I 2. Documentation: The Bidder shall submit the Bidder Qualification Statement as provided in Section 004513. The City may also use independent sources of information that may be available to demonstrate whether the Bidder is in compliance with these criteria. 1 F. Lawsuits/Arbitrations 1. Criterion: The bidder shall not have lawsuits or arbitrations with judgments entered against the bidder within five years of the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts,unless there are extenuating circumstances acceptable to the Owner. 2. Documentation: The Bidder shall submit the Bidder Qualification Statement as provided in Section 004513. The City may also use independent sources of information that may be available to demonstrate whether the Bidder is in compliance with these criteria. 1.3 Procedure A. Requests for Criteria Modification. I 1. A Bidder may request that City modify the supplemental bidder responsibility criteria listed above. This request must be in writing to the City project manager and must be received by the City project manager at least ten business days before the bid opening. The City project manager will evaluate the information submitted by the Bidder and will respond within three business days after receipt of the request. If City evaluation results in a change of the criteria,the City will issue an addendum to the bid documents identifying the new or revised criteria. Any protest of a City decision regarding a request for criteria modification must be in strict conformity with Everett Municipal Code Chapter 3.46, Bid Protest Procedures. B. Additional Information. I 1. The City may require that the Bidder submit information in addition to the Bidder's Supplemental Responsibility Statement. The City may requirement supplementation or revision of the Bidder's Supplemental Responsibility Statement. I [Keywords] 2 of 3