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LA515-1-859180.v2 5 financial ability of the bidders, and other persons and organizations to do the work in accordance with the contract requirements to the City’s satisfaction. It is the intent of the City to accept the bid of, and award a contract to, the responsive, responsible bidder submitting the lowest bid, provided that the bidder’s bid has been submitted substantially in accordance with the Bid Specifications/Instructions, is a responsible contractor pursuant to Minnesota Statutes Section 16C.285, does not exceed the funds available for the work and the bidder is capable of undertaking the work in an acceptable manner in the sole discretion of the City. The City reserves the right, in its sole discretion, to reject any and all bids, accept any bid, waive informalities in the bids submitted, and waive minor discrepancies between a bid and these Bid Specifications/Instructions, as it deems to be in its best interests. The City reserves the right to hold the bids for 60 days. Any waiver by the City with respect to the requirements of these Bidding Instructions shall apply only to the particular instance for which it was made or given, and no such waiver shall constitute permanent or future waiver of such requirements. 11. Award of Contract. After the City Council has considered the bids and made the award, the bidder to whom the award is made will receive the following from the City: Notice of Award City of Lake Elmo Courts, Construction, and Replacement In the event that the City Council awards the contract at its May 2, 2023 meeting, the successful bidder, upon notification by the City of its intent to award a contract, must execute and deliver a payment bond, performance bond and evidence of all required insurance to the City by May 9, 2023. If the award date is later, the successful bidder must provide these documents to the City within 10 days of the date of the Notice of Award. 12. Execution of Contract. The City will require the following provisions in its contract with the successful bidder. Additional provisions may be required by the City. 1. Independent Contractor. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is an independent contractor and not an employee of the City. The Contractor is free to contract with other entities as provided herein. The Contractor shall be responsible for obtaining and furnishing equipment, materials, and labor necessary for the Contractor’s performance under this Agreement. The City and the Contractor agree that the Contractor shall not at any time or in any manner represent that the Contractor is in any manner an agent or employee of the City. The Contractor shall be exclusively responsible under this Agreement for the Contractor’s own FICA payments, workers’ compensation insurance, unemployment