Item 08 - Construction Contract for Grand Avenue Rehabilitation Project

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CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE portion of the Contract Documents upon which the protest is based. The protest must include the name, address, e-mail address, and telephone number of the person representing the protesting bidder if different from the protesting bidder. d. Copy to Protested Bidder. By or before the Bid Protest Deadline, the party submitting the bid protest shall concurrently transmit a copy of the bid protest document to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest. e. Response to Protest. The protested bidder may submit a written Response to the Bid Protest within two business days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner ("Response Deadline"). The Response to the Bid Protest must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The Response to the Bid Protest must contain the name, address, e-mail address, and telephone number of the persons representing the protested bidder if different from the protested bidder. f. Copy to Protesting Bidder. A copy of the Response to the Bid Protest and all supporting documents must be concurrently transmitted by the protested bidder to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. g. No Hearing on Bid Protests based on Non -Responsiveness. No hearing shall be required for bid protests based on lack of responsiveness. h. Exclusive Remedy. The procedures and time limits set forth above are mandatory and are the bidder's sole and exclusive remedy in the event of a bid protest. Protesting and protested bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including without limitation filing a claim under the California Government Code or the initiation of legal proceedings. i. Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the project notwithstanding any pending or continuing challenge to its determination. j. Decision on Protest. 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. 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. P-3 of P-23