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11. TIME FOR RECEIVING BIDS a, Bids received prior to the adve'ctised hour of opening will be securely kept sealed, The officer whose duty it is to open them will decide whE,n the speci fied time has arrived, and no Bi d received thereafter wi 11 be considered; except that when a Bid arrives by mail after the time fixed for opening, but before the reading of all other Bids is comp1et,!d, and it is shcwn to the satisfaction of the City of OUI"ay that the non-arrival time lias dUE' sole"ly to delay in the mails for which the Bidder is not responsible, such BiG will be received and considered, b, Bidders are cautioned that, \~hile telegraphic modifications of Bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the Bid ~'o modified or amEnded, subject to rejection. 12, OPENING OF BIDS At the time and place fixed for the opening of Bids, the City of Ouray will cause to be opened and publicly read aloud every Bid received within the tillle set for receiving Bids, irrespective of any irregularities therein. Bi cders and other persons properly i nterestecl may be present, in person or by rer'resentati ve, 13. WITHDRAWAL OF BIDS Bids may be withdrawn on written or te"legraphic request disilatched by tile Biclder in time for delivery in the normal course of business to trle time fixed foy' opening; provided, that written confirmation of any te1egraph'ic withdrawal OVEr the signature of the Bidder is placed ;n the mail and posbnarked prior to thE ti me set for Bi d openi ng, Th e Bid gu aranty of any Bi dde r W' thdrawi ng hi s Bid in accordance with the foregoing condit'jons \~il1 be returned promptly. 14, AWARD OF CONTRACT: REJECTION OF BIDS a, The Contract will be awarded to the responsible Bidder submitting thE lowest Bid complying with the conditions of the Invitation for Bids. The Bidder to whom the award is made will be notified at the earliest possible date, The City of Ouray, however, reserves the right to reject any and all bids and to waive any informal ity in Bids rEceived whenever such rejection or waiver is in its interest. b, The City of Ouray reserves the r-igrlt to consider as Lnqua1ified to do the work of general construction any Bidder who does not habi tua'lly perfonn with his forces the major portions of the \'iork involved in construction of the Improvements embraced in this Contract, 15. EXECUTION OF AGREEMENT: PERFORMANCE AND PAYMENT BONDS Sections 38-26-105 and 38-26-106, C.R.S. 1973, as amended, shall apply to a 11 grants that requi re the contracti ng (0 r subcontracti ng) for constructi on or facility improvements, These sections require: