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11.01 The Contract for the Work,as awarded,will be on the basis of materials and equipment specified or described in
<br /> the Bidding Documents without consideration during the bidding and Contract award process of possible
<br /> substitute or"or-equal" items. In cases in which the Contract allows the Contractor to request that Engineer
<br /> authorize the use of a substitute or"or-equal" item of material or equipment,application for such acceptance may
<br /> not be made to and will not be considered by Engineer until after the Effective Date of the Contract.
<br /> 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the
<br /> materials and equipment specified or described in the Bidding Documents,as supplemented by Addenda.Any
<br /> assumptions regarding the possibility of post-Bid approvals of"or-equal"or substitution requests are made at
<br /> Bidder's sole risk.
<br /> ARTICLE 12-SUBCONTRACTORS, SUPPLIERS,AND OTHERS
<br /> 12.01 A Bidder shall be prepared to retain specific Subcontractors,Suppliers,or other individuals or entities for the
<br /> performance of the Work if required by the Bidding Documents to do so. If a prospective Bidder objects to
<br /> retaining any such Subcontractor,Supplier,or other individual or entity,and the concern is not relieved by an
<br /> Addendum,then the prospective Bidder should refrain from submitting a Bid.
<br /> 12.02 Subsequent to the submittal of the Bid,Owner may not require the Successful Bidder or Contractor to retain any
<br /> Subcontractor,Supplier,or other individual or entity against which Contractor has reasonable objection.
<br /> 12.03 The apparent Successful Bidder,and any other Bidder so requested,shall within five days after Bid opening,submit
<br /> to Owner a list of the Subcontractors or Suppliers.
<br /> If requested by Owner,such list shall be accompanied by an experience statement with pertinent information
<br /> regarding similar projects and other evidence of qualification for each such Subcontractor,Supplier,or other
<br /> individual or entity. If Owner or Engineer,after due investigation, has reasonable objection to any proposed
<br /> Subcontractor,Supplier, individual,or entity,Owner may, before the Notice of Award is given, request apparent
<br /> Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a
<br /> substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such
<br /> substitution,and Owner may consider such price adjustment in evaluating Bids and making the Contract award.
<br /> 12.04 If apparent Successful Bidder declines to make any such substitution,Owner may award the Contract to the next
<br /> lowest Bidder that proposes to use acceptable Subcontractors,Suppliers,or other individuals or entities. Declining
<br /> to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder.Any
<br /> Subcontractor,Supplier, individual,or entity so listed and against which Owner or Engineer makes no written
<br /> objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to
<br /> subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.
<br /> ARTICLE 13-PREPARATION OF BID
<br /> 13.01 The Bid Form is included with the Bidding Documents.
<br /> A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations
<br /> shall be initialed in ink by the person signing the Bid Form.A Bid price shall be indicated for each section,
<br /> Bid item, alternate,adjustment unit price item,and unit price item listed therein.
<br /> B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional,and
<br /> Bidder elects to not furnish pricing for such optional alternate item,then Bidder may enter the words"No
<br /> Bid"or"Not Applicable."
<br /> 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer(whose title must appear
<br /> under the signature),accompanied by evidence of authority to sign.The corporate address and state of
<br /> incorporation shall be shown.
<br /> Elk River Landfill, Inc. -R16.115896 INSTRUCTIONS TO BIDDERS
<br /> March 2019 PAGE 00200-5
<br /> ©Bolton&Menk,Inc.2018,All Rights Reserved
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