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Bids shall be accompanied by a bid guarantee in the form of an unconditional cashier's check or check
<br /> certified by a responsible bank of an amount not less than ten percent (10%) of the aggregate of the
<br /> proposal, payable to the order of the City of Tracy, or by a bidders bond for the said amount and so
<br /> payable written by a surety company acceptable to the City and which is authorized to do business in
<br /> the State of California. Said check or bond shall be a guarantee that the bidder, if awarded the work,
<br /> will: (a) enter into a contract, (b) furnish a bond of faithful performance and�a labor and material bond
<br /> within fifteen (15) days after award, and (c) furnish required certificates of insurance. In case of refusal
<br /> or failure to enter into said Contract; the proposal guarantee shall be forfeited to the City. The
<br /> proceeds therefrom are hereby agreed upon as liquidated damages to the City on account of the delay
<br /> in the execution of the Contract, required bonds and the performance of the work thereunder, and the
<br /> necessity of accepting a higher or less desirable proposal resulting from, such failure or refusal to
<br /> execute the Contract and the bonds as required. Upon the execution of the'Contract and the approval
<br /> on behalf of the City of the accompanying bonds and insurance policies, all proposal guarantees will be
<br /> returned to each bidder. Award of the Contract, if award be made, will be made within thirty (30) days
<br /> after the opening of the bids.
<br /> Each bidder shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the
<br /> Business and Professions Code, State of California, and shall be skilled and regularly engaged in the
<br /> general class or type of work called for under this contract.
<br /> It is the intention of the City to award the Contract only to a bidder who is able to furnish satisfactory
<br /> evidence that they have the requisite experience and ability and that they have sufficient capital,
<br /> facilities, and plant to enable them to prosecute the work successfully and promptly, and to complete it
<br /> within the time set forth in the Contract.
<br /> In determining the degree of responsibility to be credited to a bidder, the City will weigh any evidence
<br /> indicating the bidder, or personnel guaranteed to be employed in responsible charge of the work, has
<br /> satisfactorily performed other contracts of like nature and magnitude.
<br /> (e) Rejection of Bids Containing Alterations, Erasures or Irregularities: Bids may be rejected if they show
<br /> any material alterations of form, additions not called for, conditional or alternative bids, incomplete bids,
<br /> erasures or irregularities of any kind.
<br /> Bidder's Guaranty: All bids shall be presented under sealed cover and shall'be accompanied by cash,
<br /> cashier's check, certified check, or bidder's bond, made payable to the City of Tracy for an amount
<br /> equal to at least ten (10%) percent of the amount of said bid, and no bid shall be considered unless
<br /> such cash, cashier's check, certified check, or bidder's bond is enclosed therewith.
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<br /> (g) Interpretation of Contract Documents/Restriction: Should a bidder find discrepancies in,or omissions
<br /> from, the Drawings or Specifications, or should he be in doubt as to their moaning, he shall at once
<br /> notify the City and, should it be found that the point in question is not clearly;and fully set forth, a
<br /> r written addendum will be sent to all bidders. Neither the Engineer nor the City will be responsible for
<br /> L' any oral instructions. A pre-bid conference will be held at the City Community Center to answer
<br /> questions and comments pertinent to this project. See Item (u) for time and place or the pre-bid
<br /> conference to be held.
<br /> (h) Withdrawal of Proposals: Bids may be withdrawn by the bidder prior to, but not after, the time
<br /> scheduled for the opening of the bids.
<br /> (i) Award of Contract: The award of the Contract, if it is awarded, will be to the lowest responsible bidder
<br /> based upon the "Base Bid", whose bid complies with all the requirements described herein. The
<br /> award, if made, will be made within sixty (60) days after opening the bids. The City may award the
<br />` DIVISION 1-4 General Requirements
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