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IRC -1505 <br />Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to <br />have a reasonable chance of receiving the award may be retained by OWNER until the earlier of <br />seven days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon <br />Bid Security furnished by such Bidders will be returned. <br />8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance <br />of receiving the award will be returned within'seven days after the Bid opening. <br />ARTICLE 9 - CONTRACT TIMES <br />9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) <br />Substantially Completed and (b) also completed and ready for final payment are set forth in the <br />Agreement. <br />ARTICLE 10 - LIQUIDATED DAMAGES <br />10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. <br />ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS <br />11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or <br />described in the Bidding Documents without consideration of possible substitute or "or -equal' items. <br />Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item <br />of material or equipment may be furnished or'used by CONTRACTOR if acceptable to ENGINEER, <br />application for such acceptance will not be considered by ENGINEER until after the Effective Date <br />of the Agreement. The procedure for submission of any such application by CONTRACTOR and <br />consideration by ENGINEER is set forth in the General Conditions and may be supplemented in <br />the General Requirements. <br />ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS <br />12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, <br />individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective <br />Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall <br />within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, <br />individuals, or entities proposed for those portions of the Work for which such identification is <br />required. 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, <br />individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has <br />reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, <br />before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, <br />without an increase in the Bid. ' <br />12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award <br />the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, <br />individuals, or entities. Declining to make requested substitutions will not constitute grounds for <br />forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so <br />listed and against which OWNER or ENGINEER makes no written objection prior to the giving of <br />Instructions to Bidders - 00200 - 6 <br />FAPublic Works\ENGINEERING DIVISION PROJECTSM05-66th Ave Widening_49th St to 69th St\1-Admin\Bid Documents\Master Contract Documents\DIV 0 1 Bidding <br />Documents.docx <br />