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East Fiber Extension <br /> Elk River, Minnesota <br /> <br />BOND of the successful BIDDER will be retained until the payment BOND and performance <br />BOND have been executed and approved, after which it will be returned. A certified check may be <br />used in lieu of a BID BOND. <br />A performance BOND and a payment BOND, each in the amount of 100 percent of the <br />CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the <br />faithful performance of the contract. <br /> <br />Attorneys-in-fact who signs BID BONDS or payment BONDS and performance BOND S <br />must file with each BOND a certified and effective dated copy of their power of attorney. <br /> <br />The party to whom the contract is awarded will be required to execute the Agreement and <br />obtain the performance BOND and payment BOND within ten (10) calendar days from the date <br />when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be <br />accomplished by the necessary Agreement and BOND forms. In case of failure of the BIDDER <br />to execute the Agreement, the OWNER may at their option consider the BIDDER in default, in <br />which case the BID BOND accompanying the proposal shall become the property of the <br />OWNER. <br /> <br />The OWNERS within ten (10) days of receipt of acceptable performance BOND, payment <br />BOND, and Agreement signed by the party to whom the Agreement was awarded shall sign the <br />Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER <br />not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE <br />withdraw their signed Agreement. Such notice of withdrawal shall be effective upon receipt of the <br />notice by the OWNER. <br /> <br />The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the <br />Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot <br />be issued within such period, the time may be extended by mutual agreement between the OWNER <br />and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) <br />day period or within the period mutually agreed upon, the CONTRACTOR may terminate the <br />Agreement without further liability on the part of either party. <br /> <br />The OWNER may make such investigation as they deem necessary to determine the ability <br />of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such <br />information and data for this purpose as the OWNER may request. The OWNER reserves the <br />right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to <br />satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the <br />Agreement and to complete the WORK contemplated therein. <br /> <br />A conditional or qualified BID will not be accepted. The award will be made to the lowest <br />responsible BIDDER. The Owner reserves the right to reduce the quantities of the project after <br />the BID and before AWARD of the contract to meet budget. Such adjustments will be made by <br />reducing the quantities at the BID prices. <br /> <br />Instructions to Bidders 00200 - 2 <br /> <br />