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The Engineer will review the certified work sheets to determine the validity of the claimed error and <br /> make recommendation to the Owner. If the Owner concurs in the claim of error,the bidder will be <br /> relieved of responsibility,and the bid guaranty of the bidder will be returned. Thereafter,at the <br /> discretion of the Owner,all bids may be rejected or award made to next lowest and responsive <br /> bidder. At the discretion of the Owner,bidders claiming error may or may not be allowed to <br /> participate in the re-bid. <br /> 5.2. QUALIFICATIONS OR AMENDMENTS <br /> It will be understood by the Owner that the bidder has accepted without reservation or amendment the <br /> whole of the Contract Documents. At a bidder's discretion,a bid may be conditioned upon such <br /> I qualifications of or amendments to the Contract Documents as do not materially change the requirements <br /> contained herein. Such qualifications or amendments shall be fully described and attached to the bid <br /> form provided herewith. <br /> The Owner reserves the right to accept or reject any such qualifications or amendments and to consider <br /> price variations therefore,if any,in determining the lowest responsible bid. <br /> 5.3. BID GUARANTY <br /> The bid form shall be accompanied by a bid guaranty bond provided by a guaranty company authorized <br /> to conduct business in the State of Washington for payment to the Owner in the sum of at least five <br /> percent(5%)of the total amount of the bid price,or,alternatively,by a certified or cashier's check, <br /> payable to the Owner in the sum of at least five percent(5%)of the total amount of the bid price. The bid <br /> guaranty bond shall be provided on the form included in these Contract Documents. The amount payable <br /> to the Owner under the bid guaranty bond,or the certified or cashier's check and the amount thereof,as <br /> the case may be,shall be forfeited to the Owner as liquidated damages in case of a failure or neglect of <br /> the bidder to furnish,execute,and deliver to the Owner the required performance and payment bond <br /> provided;evidences of insurance;and to enter into,execute,and deliver to the Owner the Contract within <br /> fourteen(14)calendar days after receiving written notice from the Owner that the award has been made <br /> and the agreement is ready for execution. <br /> 5.4. LIST OF SUBCONTRACTORS <br /> Each bidder shall have listed,on the form provided,the name,address and description of the work,of <br /> each subcontractor to whom the bidder proposes to sublet portions of the work in excess of five percent <br /> (5%)or$50,000.00,whichever is less(based on total price). For the purpose of this paragraph,a <br /> subcontractor is defined as one who contracts with the Contractor to provide materials and labor,labor <br /> only,or who specially fabricates and installs a portion of the work or improvement according to drawings <br /> contained in the Contract Documents. Failure to list subcontractors may render a bid nonresponsive and <br /> 111 may result in automatic rejection of the bid. <br /> 6. BIDDER'S CERTIFICATIONS <br /> 6.1. NONCOLLUSION AFFIDAVIT CERTIFICATE <br /> The bidder shall submit with his bid,certification of noncollusion on the form provided. <br /> 6.2. QUALIFICATION OF BIDDER <br /> The following elements,in addition to price,shall be given consideration in evaluating the qualification <br /> of and degree of responsibility to be credited to the bidder:(1)the ability,capacity and skill of the bidder <br /> to perform the contract;(2)the character,integrity,reputation,judgment,experience and efficiency of the <br /> bidder;(3)whether the bidder can perform the contract within the times specified;(4)the quality of <br /> performance by the bidder on previous contracts with the City and with other local governments and state <br /> agencies, including but not limited to,the relative costs,burdens,time and effort necessarily expended by <br /> the City or such governments or agencies in securing satisfactory performance,notwithstanding that such <br /> agencies;(5)the previous and existing compliance by the bidder with laws and regulations relating to <br /> public contracts and EEO requirements;and(6)the general contract bidder's proposed subcontractors. <br /> 00100-3 <br />