EBS GENERAL ENGINEERING, INC. (2)

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CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-6864 AND 18-6864 OMNIBUS CONCRETE REPAIR PROJECT d. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other BIDDERS or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. If staff is aware a protest has been filed prior to the opening of bids, the AGENCY shall announce at bid opening who such parties shall be. e. Should a written bid protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee by the I Oth business day from receipt of protest. All interested parties may appear and offer testimony at this bid protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staffs determination of proposed low BIDDER is arbitrary and capricious, or unsupported by substantial evidence in the record. f. All BIDDERS are advised that if you challenge the AGENCY's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at or prior to the public hearing. g. The Executive Director of Public Works or designee will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. h. The procedure and time limits set forth in this paragraph are mandatory and are the BIDDER's sole and exclusive remedy in the event of Bid protest, and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. BID PROPOSAL The definitions for Bid Items that are identified in the Bid Proposal form are provided in Appendix A. The AGENCY will check each bid item unit price and amount for all the bids submitted. In case of a discrepancy between the correct product of the quantity multiplied by the unit price and the subtotal amount entered by the BIDDER, the correct unit price shall prevail and the product will be correctly accordingly. In case of a discrepancy between the correct sum of the individual subtotal amounts and the total bid amount entered by the BIDDER, the correct sum shall prevail. If a unit price is not legible or is missing, the amount for that contract bid item shall be divided by the quantity to arrive at the unit price. The bid total shall be corrected and the results shall be considered as representing the bidder's intention. Proposals in which the prices are obviously unbalanced may be rejected. If a Bid contains discrepancies that make it difficult or impossible to determine the bidder's intention, then such Bid may be considered unresponsive, in which case the bid may be rejected. P-3 of P-21