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1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Conslruction Con- tract, NSPE.ACEC Document 1910.8, CSI 56465 (19711 edi. tions) have the meanings assigned to them in the General Con- ditions. The term "Successful Bidder" means thl~ lowest, qualified. responsible Bidder to whom Owner (on the basis of O~"-ner's evaluation as hereinafter provided) makes an award, 2. Copies of Bidding Documents. 2.1. Complete sets of the Bidding Documents in the num- ber and for the deposit sum, if any, stated in Ihe Advertise- ment or Invitation may be obtained from Engineer (u nless another issuing office is designated in the Advertisement or Invitation to Bid). 2.2. Complete sets of Bidding Documents shall be llsed in pl'epar;, g Bids; neither Owner nor Engineer assume any re- sponsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for thc purpose of obtaining Bids on the Work and do not coder a license or grant for any other use. 3. Qualifications of Bidders. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Own- er's request written evidence of the types set forth in the Sup- plementary Conditions, such as financial data, previous expe- rience and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must con- tain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 4. Examination of Contract Documents and Site. 4.1. Before submitting a Bid, each Bidder must (a) exam- ine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for the identification of those reports of investigatiom and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the \Vork which have been relied upon by Engineer in preparing the Drawings and Specifications. Owner will make copies of such reports available to any Bidder requesting them. These reports arc not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before sub- mitting his Bid each Bidder will, at his own expense, make sueh additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the \\lork in accordance with the time, price and orher terms and conditions of the Contract Documents. 4..1. Ch request Owner wiU provide each Bidder acees) 1O the site to conduct such: nvestigations and tests as each Bid- der deems nece:;sary for ~,ubmi<;siotl of his Bid. 4.4. The lands upon which the Work is to be ncrforrncd, rights-cli'-way' for access thereto and other lands de<,ignated for use by Contractor in performing the Work arc identified in the Supplementary Conditions, General Requirements or Drawings. ,L5. The subrnis<;ion of a Bid will constitute an incontro. vcrtible representafion by the Bidder that he has complied with every requirement of thi" Article 4 and that the Contracl Documents arc sufficient in scope and detail to indicate and convey understanding of all term" and condi- tions for performance of the Work. 5. Interprchllions. All questions about the meaning or intent of the Contract DocumenTs shall be submitted to Engineer in \\iTiting. Replie~ will be is~;ucd by Addenda mailed or delivered to all parties r('- corded by Engineer as having received the Bidding Docu- ments. Questions received less than ten days prior to the dale for opening of Bids will not be am-wered. Only questions an- swered by formal written Addenda \....ill be binding. Oral and other interpretations or clarifications wi!! be \\ithout legal effect. 6. Bid St'curit)'. 6.1. Bid Security shall be made payable to Owner. in an amount of five percent of the Bidder'<; maximum Bid price and in the form of a ceflified or bank check or a Bid Bond (on form attached. if a form is prescribed) issucd by a Surety meeting the requirements of paragraph 5.] of the Genera] Conditions. 6.2 nil: Bid Security of the SUi..:ccssful Bidder will be rc- tained until such Bidder has executed the Agreement and furnished the H:'quired Contract Security. whereupon it \\ill be returned; if the successful Bidder fail~ to exccu!e and de- li\"Cr th{' Agreement and I.urnish tlH' required Contract Sccu. rity within [5 days of the Notice of Award. Owner Illay an- nul the i'Joticc of Award and the Bid Security of that Bidder \vill be forfeited. The Bid Security of any Bidder \\hom OWller believes to have a reasonable chancc of receiving Ihc award may be retained by Owner until the earlier of the SC\. enth day after the "effec1:ive date of the Agreement" (which lerm is <kfinec1 in the General Condition:,) by Owner to C~lll- lrat:tor and the required Contract Security is furnished or the )ixt~--fir<;t day after the Bid opening. Bid Security of other Biddfl"~ will be returned within Se\TIl day~ of the Bid opening. 7. Contract Timt~. The numb,:::r of da\'s within which. or the date by which, {he Work is to be completed (the Contract Time) is ')et forth in the Bid Form and wii! be included in the Agreement. 8. Liquidated Damages. Provisions for liquidated damages, if any, are St;t forth in lhe Agreemenl. 9. Substitute Matl'rial and Equipment. The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Speci- fications '".ithout consideration of possible substitute or "or- equal" items. \\'henever it is indicated in the Drawings or -2--