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The Agency reserves the right to increase or decrease the amount of any quantity shown and /or <br />delete any item from the contract without any adjustment for overhead and profit. <br />ADDENDA <br />The effect of all addenda to the Contract Documents shall be considered in the bid package. Before <br />submitting his/her bid, each BIDDER shall inform himself/herself as to whether or not addenda have <br />been issued. It is the BIDDER's responsibility to notify the AGENCY regarding receipt of addenda, if <br />any. <br />BID PROTEST <br />Any bid protest must be submitted in writing to Executive Director of Public Works, City of Santa Ana, <br />20 Civic Center Plaza M -21, Santa Ana, CA 92701 before 5:00 p.m. of the 5th business day following <br />bid opening. Bid protests sent via mail or overnight carrier must be received by the AGENCY by 5:00 <br />p.m. of the 5th business day following bid opening in order to be deemed timely. Hand delivered <br />protests must be provided to the receptionist in the City Hall Annex/Public Works Counter on the first <br />floor of the City Hall Annex. <br />a. The initial protest document shall contain a complete statement of the basis for the protest. <br />b. The protest shall refer to the specific portion of the document, which forms the basis for the protest. <br />c. The protest shall include the name, address and telephone number of the person representing the <br />protesting party. <br />d. The party filing the protest shall concurrently transmit a copy of the initial protest document and any <br />attached documentation to all other parties with a direct financial interest, which may be adversely <br />affected by the outcome of the protest. Such parties shall include all other BIDDERS or proposers <br />who appear to have a reasonable prospect of receiving an award depending upon the outcome of the <br />protest. The AGENCY shall announce at bid opening who such parties shall be. <br />e. Should a written bid protest be filed in a timely fashion, a protest hearing shall be held before the <br />Executive Director of Public Works or designee on the 10th business day following bid opening at <br />10:00 a.m. in the conference room on the fourth floor of the City Hall Annex at 20 Civic Center <br />Plaza, City of Santa Ana, Santa Ana, California 92701. All interested parties may appear and offer <br />testimony at this bid protest hearing. Formal rules of evidence shall not apply at this hearing, nor <br />shall testimony under oath be required. The burden of proof shall be on the party submitting the <br />protest to demonstrate that the staff s determination of proposed low BIDDER is arbitrary and <br />capricious, or unsupported by substantial evidence in the record. <br />f. All BIDDERS are advised that if you challenge the AGENCY's award of contract in court, you may <br />be limited to raising only those issues you or someone else raised at the public hearing described <br />above, or in written correspondence delivered to the Executive Director of Public Works at, or prior <br />to, the public hearing. <br />g. The Executive Director of Public Works or designee will issue a written decision to the City Council <br />on the protest, which shall also be promptly provided to all interested parties. If the Executive <br />Director of Public Works or designee determines that a protest is frivolous, the party originating the <br />protest may be determined to be irresponsible and that party may be determined to be ineligible for <br />future contract awards. <br />viii <br />