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.." ,~ :1 ' , I ' 1"1 ..~ , III , lill I . ;'1 II I, I I' I ,I 'I 'I :1 , I I II , I II 'OJ , . f_i ,. iil II 00108 PROPOSAL GUARANTEE. Each proposal shall, as a guarantee of good faith on the part of the BIDDER, be accompanied by a proposal guarantee consisting of either a certified or cashier's check made payable without condition to the order of the OWNER or of a bid bond written by any approved corporate surety in favor of the DISTRICT, in an amount stated in the Invitations for BIDs. If the proposal of a BIDDER is accepted and a contract awarded to him and said BIDDER fails to enter into a contract in the form prescribed and to furnish a performance bond with a legally responsible and approved surety within ten (10) days after such award is made by the OWNER, said proposal guarantee shall be forfeited to the OWNER as liquidated damages. . 00109 RETURN OF PROPOSAL GUARANTEE. As soon as BID prices have been compared, Proposal Guarantees of all except the three lowest bidders will be returned. When a contract is awarded and the successful bidder executes the contract and files satisfactory Performance and Payment Bonds, the Proposal Guarantees of all bidders shall be returned to them within sixty (60) days from date bids are opened unless otherwise specified in the FIELD ORDER. 00110 SITE INSPECTION AND INVESTIGATIONS. Prior to submitting an offer, the BIDDER shall inspect the work site and its surroundings. It shall be conclusively presumed that the inspection of the site has been made by the submittal of a BID, DRAWINGS and SPECIFICATIONS, defining the work to be done, were prepared on the basis of interpretation by the ENGINEER of information derived from investigations of the work site. Such information and data are subject to sampling errors, and the interpretation of the information and data depends to a degree on the judgment of the ENGINEER. In view of this. the BIDDER is invited to make additional investigations. Information about the degree of difficulty of the work to be done cannot totally be derived from either the drawings and specifications or from the ENGINEER or his representatives. Since the BID information cannot be guaranteed, the CONTRACTOR shall have assumed the risks attendant to successful performance of the work at the amount of its BID and shall never make claim for additional payments or time extensions on the grounds that the nature or amount of work to be done was not understood by the bidder at the time of bidding. 00111 INCONSISTENCIES AND INTERPRETATIONS. Any seeming inconsistencies between different provisions of the Plans, SPECIFICATIONS. or Contract, or any point requiring explanation must be inquired into by the BIDDER in writing, to the OWNER at least 5 days, excluding Saturdays, Sundays, and holidays. prior to the time set for the opening of the Proposals. A copy of the decision will be posted at the offices of the OWNER. After proposals are opened, all BIDDERs must abide by the decision of the OWNER as to such interpretation~ If the decision or interpretation requires that an Addendum to the BID documents be issued, such Addendum will be published and each BIDDER shall be required to acknowledge the Addendum in the Proposal Forms when submitting the BID. Only those interpretations, clarification and explanations issued in writing by the OWNER, either by ADDENDA or by a formal written decision, will be binding. Oral or other interpretations, clarification or explanations will be without legal effect. 00112 WITHDRAWAL OF BID. A bidder may withdraw his Proposal at any time prior to the expiration of the period set forth in the "Invitation for Bids" for the receipt thereof by making written request upon the OWNER for such withdrawal. Such request must be signed in the same manner as the Proposal and by the same person or persons. After the expiration of such period, no Proposal can be withdrawn or modified. 00100-2