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1 10. Project Records. The County will retain the original polypropylene <br /> 2 plan sheets and all other Breach and Related Work records. <br /> 3 11. Construction Contract. The County, in accordance with Section C <br /> 4 below, will call for bids and execute a construction contract for Breach and Related Work in <br /> 5 the Smith Island-City area and the Smith Island County area in accordance with the County's <br /> 6 usual procurement processes and the County's standard form construction contracts. <br /> 7 C. Bidding and Award of Construction Contract for Breach and Related <br /> 8 Work. <br /> 9 1. Bid schedules. The Breach and Related Work will be bid in a single <br /> 10 schedule separated into two groups, one for the Smith-Island-City area work and one for the <br /> 11 Smith Island-County area work. The bid package will contain a provision that in substance <br /> 12 states the following: <br /> 13 "Bid items in Group 1 is work on County property and will be paid for from County <br /> 14 funds. Bid items in Group 2 is work on City of Everett property and will be paid for <br /> 15 from City of Everett funds. Accordingly, it is important that your bid be balanced <br /> 16 between the Groups: if a line item on Group 1 is similar to a line item on Group 2, <br /> 17 then your bid prices for those line items on each schedule must be similar. The <br /> 18 purpose of this is to make sure that County funds are not subsidizing City work or vice <br /> 19 versa. The County reserves the right to reject any bid that is not balanced. <br /> 20 The low bidder is the bidder with the lowest total bid, which is the sum of Group 1 and <br /> 21 Group 2." <br /> 22 2. Bidding Off-Ramps. Upon opening of the bids for construction of the <br /> 23 Breach and Related Work project, the Parties will meet and confer. The County shall award <br /> 24 to the lowest responsible and responsive bidder, except as follows: <br /> 25 (a) Over Budget. If the Parties determine that the Breach and <br /> 26 Related Work under the low bid exceeds available funds for the project, the County shall <br /> 27 reject all bids. The parties shall,prior to bidding, discuss the size of available budgets, which <br /> 28 shall at least be equal to the engineer's estimates. <br /> 29 (b) Unbalanced Bid. If either party determines that low bid <br /> 30 appears unbalanced as described in sub-section C.1 above, then the County shall either reject <br /> 31 the unbalanced bid or reject all bids. <br /> 32 (c) Re-bid. If all bids are rejected under sub-sections (a) or(b) <br /> 33 above, then the County shall re-bid the Breach and Related Work, unless both City and <br /> 34 County agree that such a rebid would be futile. If on such rebid all bids are again rejected <br /> 35 under sub-sections (a) or(b) above, then either the City or the County may elect, effective on <br /> 36 written notice to other party delivered prior to any third call for Breach and Related Work <br /> 37 bids, to delete Breach and Related Work construction from the Agreement, in which case the <br /> 38 City and County will each independently construct their own Breach and Related Work. <br /> AMENDMENT NO.ONE TO THE INTERLOCAL AGREEMENT Page 5 of 9 <br /> FOR THE SMITH ISLAND RESTORATION PROJECT BY AND <br /> BETWEEN SNOHOMISH COUNTY AND THE CITY OF EVERETT <br />