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<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.
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<br />ARTiClE 4
<br />BIDDING PROCEDURE
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<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
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<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.
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<br />4.2 BID SECURITY
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<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.
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<br />4.3 SUBMISSION OF BIDS
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<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.
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<br />4.3.4 Oral, telephonic or telegraphic Bids are invalid and
<br />will not receive consideration.
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<br />4.4 MODIFICATION OR WITHDRAWAL OF BID
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<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.
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<br />3 A701-1978
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<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
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