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<br />I <br /> <br />I <br /> <br />ceived by the Architect at least tcn days prior to the date <br />for receipt of Gids. Each such request shall include the <br />name of the ITIJterial or equipment for which it is 10 be <br />substituted and a complete description of the proposed <br />substitute including drawings, cuts, perform~mce and test <br />data and any other information necessary for an evalua- <br />tion. A statement setting forth any changes in other mate~ <br />rials, equipment or other Work that incorporation of the <br />,ubst,tule would require shall be included. The burden <br />of proof of the merit of the proposed substitute is upon <br />the proposer. The Architect's decision of approval or dis~ <br />approval of a proposed substitulion shall be final. <br />3.3.3 If the Architect approves any proposed substitution <br />prior to receipt of Bids, such approval will be set forlh in <br />an Addendum. Bidders shall not rely upon approvals <br />made in any other manner. <br />3.3.4 No substitutions will be considered after the Con- <br />tract award unless specifically provided in the Contract <br />Documents. <br />3.4 ADDENDA <br />3.4.1 Addenda will be mailed or delivered to all who are <br />known by the Architect to have received a complete set <br />of Bidding Documents. <br />3.4.2 Copies of Addenda will be made available for in- <br />spection wherever Bidding Documents are on file for that <br />pu rpose. <br />3.4.3 No Addenda will be issued later t.1an four days <br />prior to the date for receipt of Bids excepl an Addendum <br />withdrawing the request for Bids or one wnich includes <br />postponement of the date for receipt of Bids. <br />3.4.4 Each Bidder shall ascertain prior to submitting his <br />bid that he has received all Addenda issued, and he shall <br />acknowledge their receipt in his Bid. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br />II <br />I <br /> <br />ARTiClE 4 <br />BIDDING PROCEDURE <br /> <br />4.1 FORM AND STYLE OF BIDS <br />4.1.1 Bids shall be submitted on forms identical 10 the <br />form included with the Bidding Documents, in the quan~ <br />tlty reqUired by Article 9. <br />4.1.2 All blanks on the bid form shall be filled in by <br />typewriter or manually in ink. <br />4.1.3 Where so indicated by the makeup of the bid <br />form, sums shall be expressed in both words and figures, <br />and in GJSe of discrepancy between the two, the amount <br />written in words shall govern. <br />4.1.4 Any interlineation, alteration or erasure must be <br />in,tlaled by the signer of the Bid. <br />4.1.5 All requested Alternates shall be bid. If no change <br />in the Base Bid is required, enter "No Change." <br />4.1.6 Where two or more Bids for designated portions <br />of 1he Work have been reques1ed, the Bidder may, with. <br />out forfeiture of his bid security, st<'lte his refusal to accept <br />award of less than the combination of Bids he so stipu~ <br />Jares. The Bidder 5h.:1I1 make no additional stipulations on <br />the bid form nor qualify his Bid in any other manner. <br />4.1.7 Each copy of 1he Bid shall include 1he legal name <br />of the Bidder and ,1 statement that the Bidder is J <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />sole proprietor, J partnership, J corporation, or some <br />other legal enlity. Each copy shall be signed by the <br />person or persons legally authoril.cd 10 bind the Uidder <br />10 a contract. A Bid by a corporJtion shall furthcr give <br />Ihe st.lte of incorporation and have the corporcltc seal <br />affixed. A Bid sunmilled by an agenl shall have a current <br />power of attorney attached certifying the agent's author- <br />ity 10 bind the Bidder. <br /> <br />4.2 BID SECURITY <br /> <br />4.2.1 If so stipulated in the Advertisement or InVitation <br />to Bid, each Bid shall be accompanied by a bid security <br />in the form and amount required by Article 9 pledging <br />that the Bidder will enter into a Contract with the Owner <br />on the terms stated in his Bid and will, if required, furnish <br />bonds as described hereunder in Article 7 covering the. <br />faithful performance of the Contract and Ihe payment of <br />all obligations arising thereunder. Should the Bidder re- <br />fuse to enter into such Contract or fail to furnish such <br />bonds if required. the amount of the bid security shall be <br />forfeited to the Owner as liquidated damages, not as a <br />penalty. The amount of the bid security shall not be for- <br />feited to the Owner in the event the Owner fails to <br />comply with Subparagraph 6.2.1. <br />4.2.2 If a surety bond is required it shall be wrillen on <br />AlA Document A310, Bid Bond, and the allorney-in-fact <br />who executes the bond on behalf of the surety shall affix <br />to the bond a certified and current copy of his power of <br />attorney. <br />4.2.3 The Owner will have Ihe right to retain the bid <br />security of Bidders to whom an aWMd is being considered <br />until either (a) the Contract has been executed and bonds, <br />if required, have been furnished, or (b) the speCified time <br />has elapsed so that Bids may be withdrawn, or (c) all Bids <br />have been rejected. <br /> <br />4.3 SUBMISSION OF BIDS <br /> <br />4.3.1 All copies of the Bid, the bid securitv, if any, and <br />any other documents required to be submitled with the <br />Bid shall be enclosed in a sealed opaque envelope. The <br />envelope shall be addressed to the party receiving the <br />Bids and shall be identified With the Project name, the <br />Bidder's name and address and, if applicable, the desig- <br />nated porlion of the Work for which the Bid is submilled. <br />If the Bid is sent by mail the sealed envelope shall be <br />enclosed in a separate mailing envelope with the notation <br />"SEALED BID ENCLOSED" on the face thereof <br />4.3.2 Bids shall be deposiled at the designated location <br />prior to the time and date for receipt of Bids indicated in <br />the Advertisement or Invitation to Bid, or anv extension <br />thereof made by Addendum. Bids received after the time <br />and date for receipt of Bids will be returned unopened. <br />4.3.3 The Bidder shall assume full responsibility for <br />timely delivery at the location designated for receipt of <br />Bids. <br /> <br />4.3.4 Oral, telephonic or telegraphic Bids are invalid and <br />will not receive consideration. <br /> <br />4.4 MODIFICATION OR WITHDRAWAL OF BID <br /> <br />4.4.1 A Bid may not be modified, withdrawn or canceled <br />by the Bidder during the stipulated Ilmc period (ollowing <br />the time and date designated for the receipt oi Bids, and <br />each Bidder so agrees in submitting his Bid. <br /> <br /> <br />I <br /> <br />3 A701-1978 <br /> <br />AlA DOCUMEt'oT AiD1 . INSTRUCTlQ,,\;5 10 B10[)[I\S . THIRD lDI1IO.'J . ,\I/W 1');"11 . ,\1.\"-'. ..s,llJ;B <br />THE ..\\1lf\IC\'J 1~'STlTUTE OF Af\ClilTECT5, 173S NEW YORK AVE.. ." W_. '.\'AS~t1-":GTO.''-. o. c. ::0006 <br />