2010-171 AMS - Owens Roofing DA and Annex

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general character of the site of the work and all existing buildings and structures within and adjacent to the site ; and has satisfied itself as to the nature of the work, the condition of existing buildings and structures , the conformation of the ground, the character, quality and quantity of the materials to be encountered ; the character of the equipment , machinery, plant and any other facilities needed preliminary to and during execution of the work ; the general and local conditions ; the construction hazards ; and all other matters , including but not limited to , the labor situation which can in any way affect the work under the Contract ; and including all safety measures required by the Occupational Safety Health Act of 1970 and all rules and regulations issued pursuant thereto . It is further mutually agreed that by submitting a proposal , the Contractor understands the feasibility and meaning of the plans , drawings , specifications , and other Contract Documents for the construction of the Work and that it accepts all the terms , conditions and stipulations contained therein ; and that it is prepared to work in cooperation with the other Contractors performing work on the site . 3 . ADDENDA Any addenda to specifications issued during the time of Bidding will be sent to each Bidder , return receipt requested and are to be considered covered in the Proposal and in closing a Contract they will become part thereof. It shall be the Contractor' s responsibility to ascertain prior to Bid time the issuance of any Addenda and see that its Bid includes any changes thereby required . Should the Bidder find discrepancies in, or omissions from, these drawings or documents or should it be in doubt as to their meaning , it shall at once notify the Designer , who may send written instruction in the form of Addenda to all Bidders . Notification shall not be later than seven ( 7 ) days from the date set for receipt of Bids . Neither the Owner nor the Designer shall be responsible for any oral instructions . All Addenda shall be acknowledged by the Bidders ( s ) on the Proposal form. Failure to do so may disqualify the Bid and may cause the Bid to be rejected . 4 . BID SECURITY Each proposal shall be accompanied by a cash deposit , or a certified check drawn on some bank or a trust company insured by the Federal Deposit Insurance Corporation, or a Bid Bond in an amount equal to not less than five percent ( 5 % ) of the Proposal, said deposit to be retained by the Owner as liquidated damages in event of failure of the successful Bidder to execute the Contract within ten ( 10) days after the award or to give satisfactory Surety as required by law . 5 . RECEIPT OF BIDS All copies of the Bid , the Bid security , if any , and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope . The envelope shall be addressed to the party receiving the Bids and should be identified with the Project name ; Bid Number ; time and date of Bid Opening ; the Bidder ' s name and address ; Bidder ' s license number and , if applicable , the designated portion of the Work for which the Bid is submitted . If the Bid is sent by mail , the sealed envelope shall be enclosed in a separate mailing envelope with the notation ' SEALED BID ENCLOSED " on the face thereof. 6 . OPENING OF BIDS Bids shall be opened in public . Once any bid is opened , there shall not be any withdrawal of any Bidder and no Bids may be returned by the Owner to any Bidder . A Bidder may withdraw its formal Bid after the bids are opened without forfeiting its Bid deposit in certain limited circumstances . Withdrawal after opening is permitted only if all of the following conditions are met : A . The Bid was submitted in good faith . Page 2 of 4