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5 <br /> 4.1.2 Solicitations of subcontractors by the Contractor shall be conducted in accordance <br /> with the requirements of RCW 39.10.061 and the following procedures: <br /> A. All subcontractor bids will be required to be written, signed, and <br /> submitted in a sealed envelope at a specific time and to a specific <br /> location,where the bids will be publicly opened and read aloud. <br /> B. Solicitations for bids will be advertised in advance in the Daily Journal <br /> of Commerce,Public Notice Section,and in the Everett Herald, and shall <br /> be made available on the Internet at Builder's Exchange. <br /> C. Bid results shall be available by telephone from the Contractor. Any <br /> such calls to the Owner will be referred to the Contractor. <br /> D. When critical to the successful completion of a subcontractor bid <br /> package,the Contractor may evaluate subcontractor bidding eligibility as <br /> provided in RCW 39.10.061(6). Subcontract bid packages shall be <br /> awarded to the responsible bidder submitting the low responsive bid. <br /> The requirements of RCW 39.30.061 apply to each subcontract bid <br /> package. The Contractor shall be responsible for ensuring all of these <br /> requirements are complied with. The Contractor will describe <br /> responsiveness requirements and bidding procedures in each bid <br /> solicitation and will review the requirements and procedures with the <br /> Owner prior to issuing each bid solicitation. <br /> 4.1.3.The Contractor may only bid on a subcontract package with the permission of the <br /> Owner and if the requirements of RCW 39.10.061(7)are met. <br /> 4.2 The Contractor shall require a bid bond from subcontractors who bid Work with a bid <br /> estimate over $300,000,and such subcontracts shall be required to provide a performance and <br /> payment bond for the subcontract amount. <br /> 4.3 The Contractor may require a performance and payment bond of any other subcontractor, <br /> provided that such requirement is set forth in the subcontract bid documents. <br /> 4.4 If the low responsive bid for a particular bid package is greater than the final bid package <br /> estimate,then the provisions of RCW 39.10.080 shall apply. If the lowest responsive bid does <br /> not exceed the final bid package estimate by$125,000.00 for bid packages below$10 million, <br /> and 2%for bid packages with bid package estimates greater than$10 million,then the Contractor <br /> may negotiate an adjustment to that bid based upon Owner-approved changes to the subcontract <br /> scope that bring the bid within the amount agreed to by the Owner and the Contractor to be the <br /> available funds. <br /> 4.5 If the Contractor chooses not to negotiate under the provisions of Subsection 44, above, or <br /> if the low conforming bid exceeds the final bid package estimate by more than the amount <br /> Everett Water Pollution Control Facility Expansion Phase A <br /> Construction Agreement l I <br /> 29 • <br />