8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of
receiving the award will be retumed within seven days after the Bid opening.
ARTICLE 9 CONTRACT TIMES
9.01 The number of calendar days within which, or the dates by which, the Work is to be (a)
substantially completed and (b) also completed and ready for final payment are set forth in the
Agreement.
ARTICLE10 LIQUIDATED DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 11 SUBSTITUTE AND “OR-EQUAL” ITEMS
11.01 The Contract, if awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
“or-equal” items. Whenever it is specified or described in the Bidding Documents that a
substitute or “or-equal” item of material or equipment may be fumished or used by
CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be
considered by ENGINEER until after the Effective Date of the Agreement. The procedure for
submission of any such application by CONTRACTOR and consideration by ENGINEER is set
forth in the General Conditions and may be supplemented in the General Requirements.
ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS
12.01 Each Bidder must submit a completed List of Subcontractors on the Form furnished with the
completed Bid Form. The apparent Successful Bidder, and any other Bidder so requested, shall
within seven days after the Bid opening submit to OWNER supplemental information in the form
of an experience statement with the pertinent information regarding similar projects and other
evidence of qualification of each Subcontractor, Supplier, person or organization if requested by
OWNER or ENGINEER. IF OWNER or ENGINEER, after due investigation, has reasonable
objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before
the Notice of Award is given request apparent Successful Bidder to submit an acceptable
substitute, in which case apparent Successful Bidder shall submit an acceptable substitute,
Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such
substitution and OWNER may consider such price adjustment in evaluating Bids and making the
contract award.
12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the
Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers,
individuals, or entities. Declining to make requested substitutions will not constitute grounds for
forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so
listed and against which OWNER or ENGINEER makes no written objection prior to the giving
of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to
revocation of such acceptance after the Effective Date of the Agreement as provided in Article
6.06 of the General Conditions.
12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or
entity against whom CONTRACTOR has reasonable objection.
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