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CITY OF EVERETT SPECIAL PROVISIONS <br /> Within 5 days after the opening of Proposals, a Bidder who wishes to claim error shall <br /> submit a notarized affidavit signed by the Bidder, accompanied by original work sheets <br /> used in the preparation of the Proposal, requesting relief from the responsibilities of <br /> Award. The affidavit shall describe the specific error(s) and certify that the work sheets <br /> are the originals used in the preparation of the Proposal. The Engineer will review the <br /> certified work sheets to determine the validity of the claimed error and make <br /> recommendation to the City. If the City concurs in the claim of error, the Bidder will be <br /> relieved of responsibility, and the bid deposit of the Bidder will be returned. Thereafter, <br /> at the discretion of the City, all Bids may be rejected or Award made to next lowest and <br /> responsive Bidder. <br /> 1-03.1(1) Identical Bid Totals <br /> (January 4, 2016 APWA GSP) <br /> Revise to read as follows: <br /> After opening Bids, if two or more lowest responsive Bid totals are exactly equal, <br /> then the tie-breaker will be the Bidder with an equal lowest bid, which proposed to <br /> use the highest percentage of recycled materials in the Project, per the form <br /> submitted with the Bid Proposal. If those percentages are also exactly equal, then <br /> the tie-breaker will be determined by drawing as follows: Two or more slips of paper <br /> will be marked as follows: one marked "Winner" and the other(s) marked <br /> "unsuccessful". The slips will be folded to make the marking unseen. The slips will <br /> be placed inside a box. One authorized representative of each Bidder shall draw a <br /> slip from the box. Bidders shall draw in alphabetic order by the name of the firm as <br /> registered with the Washington State Department of Licensing. The slips shall be <br /> unfolded and the firm with the slip marked "Winner" will be determined to be the <br /> successful Bidder and eligible for Award of the Contract. Only those Bidders who <br /> submitted a Bid total that is exactly equal to the lowest responsive Bid, and with a <br /> proposed recycled materials percentage that is exactly equal to the highest <br /> proposed recycled materials amount, are eligible to draw. <br /> Supplement 1-03.1 by adding the following: <br /> 1-03.1(2) Preference for Resident Contractors <br /> In accordance with RCW 39.04.380, if a Bid is received from a nonresident contractor <br /> from a state that provides a percentage bidding preference and does not have an office <br /> located in Washington, then a comparable percentage disadvantage will be applied to <br /> the Bid of that nonresident contractor. <br /> 1-03.2 Award of Contract <br /> Revise 1-03.2 to read as follows: <br /> Within 45 days after the opening of Bids, the City will act either to accept the Bid from <br /> the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the <br /> right to request extensions of such Bid acceptance period. If the lowest responsible <br /> Bidder and the City cannot agree on an extension by the 45 day deadline, the City <br /> reserves the right to award the Contract to the next lowest responsible Bidder or reject <br /> all Bids. <br /> The acceptance of a Bid will be evidenced by a written Notice of Award of Contract <br /> delivered in person or by certified mail to the Bidder whose Bid is accepted, together <br /> with a request to furnish a Contract Bond and evidence of insurance and to execute the <br /> Contract set forth in the Contract Documents. <br /> Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018 <br /> WO No—UP3704 SP—1-48 <br />