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<br />ARTICLE 8 - BID SECURITY <br /> <br />8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ~ percent of Bidder's <br />maximum Bid price and in the form of a Bid bond on the form attached issued by a surety meeting the requirements of <br />Paragraphs 5.01 and 5.02 of the General Conditions. <br /> <br />8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract <br />Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the <br />Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish <br />the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the <br />Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a <br />reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective <br />Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be <br />returned. <br /> <br />8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award <br />will be returned within seven days after the Bid opening. <br /> <br />ARTICLE 9 - CONTRACT TIMES <br /> <br />9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be <br />substantially completed and ready for final payment are set forth in the Agreement. <br /> <br />ARTICLE 10 - LIQUIDATED DAMAGES <br /> <br />10.01 Provisions for liquidated damages, if any, are set forth in the Agreement and Special Provisions. <br /> <br />ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS <br /> <br />11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding <br />Documents, or those substitute or "or-equal" materials and equipment approved by Engineer and identified by <br />Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, <br />function and quality to be met by any proposed substitute or "or-equal" item. No item of material or equipment will be <br />considered by Engineer as a substitute or "or-equal" unless written request for approval has been submitted by Bidder <br />and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall conform <br />to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item <br />is upon Bidder. Engineer's decision of approval or disapproval of a proposed item will be finaL If Engineer approves <br />any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not <br />rely upon approvals made in any other manner. <br /> <br />ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS <br /> <br />12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or <br />entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the <br />apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to <br />Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for <br />which such identification is required. Such list shall be accompanied by an experience statement with pertinent <br />information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, <br />individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to <br /> <br />EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts <br />Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00200 - 4 <br />