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r 16. SUBCONTRACTOR LIST ' 16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the subcontractors and major material suppliers proposed for the principal portions of the Work. Submit list on form rprovided by the Engineer. 16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they have an objection to any person or entity listed. Upon such reasonable objection, the Bidder shall propose an acceptable substitute person or entity in accordance with Article 6.06 of the General Conditions. 17. BID PROTEST 17.1 In the event of a timely protest, the City Manager or his designee shall stay the award of the contract unless, after consulting with the City Attorney and the affected director, he determines that the award of the contract without delay is necessary to protect substantial interests of the Owner. 17.2 The City shall require a deposit from a protester to compensate the Owner for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit ' shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be forfeited to the Owner. The deposit shall be in the form of a cashier's check and shall be in the amount of 1% of the amount of the pending award, with a minimum deposit of $500 rand a maximum deposit of $10,000. 18. CONTRACT AWARD AND EXECUTION 18.1 Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Owner. r18.2 It is the intent of the Owner to award a Contract to the lowest responsible Total Base Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available. 18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall deliver the executed Contract, along with required bonds and any other items requested, to the Owner within 10 working days. Failure to do so will be deemed as a breach of agreement by the Bidder and result in forfeiture of bid security as described in the Instructions to Bidders. r 18.4 The Owner reserves the right to hold all proposals and bid guarantees for a period not to exceed 90 days after the date of bid opening stated in the Advertisement for Bids. ' 18.5 The award of the contract, if it is awarded, will be to the lowest responsible total base bidder whose qualifications indicate the award will be to the best interest of the Owner and whose proposal shall comply with the requirements of the Contract Documents. Time is of the essence for this project and the time limits set in the proposal, if set by the bidder, will be accorded weight by the Owner in the determination of the best proposal. In no case will the award be made until all necessary investigations have been made into the responsibility of the low bidder and the Owner is satisfied that the bidder is qualified to do the Work and have the necessary organization, capital and equipment to carry out the provisions of the contract to the satisfaction of the Owner within the time specified. r06/05 00100 -6