23A - PROJ - HARBOR TRAFFIC SIGNAL IMPROVE

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CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO. 15 -6828 Harbor Boulevard Corridor Traffic Signal improvements (as part of Harbor Blvd Traffic Signal Synchronization Project) be deemed timely, Hand delivered protests must be provided to the receptionist in the City Hall Annex /Public Works Counter on the first floor of the City Hall Annex. a, The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the Contract Document which forms the basis for the protest. c. The protest shall include the name, address, and telephone number of the person representing the protesting party. 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 10th 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 staff's determination of proposed low BIDDER is arbitrary and capricious, or unsuppot ted 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, vi 23A -37