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<br />any notice to or demand upon the OWNER under this Contract shall be delivered to the <br />OWNER through the ENGINEER. <br /> <br />ARTICLE 2 - PRELIMINARY MATTERS <br /> <br />Award: <br /> <br /> 2.1 The OWNER reserves the right to reject any and all Bids and is not bound by <br />law to accept the lowest Bid. Bids are awarded by the OWNER and its decision is <br />final. No Notice of Award will be given until the OWNER has concluded such <br />investigations as it deems necessary to establish the responsibility, qualifications <br />and financial ability of the Bidders to do the Work in accordance with the Contract <br />Documents to the satisfaction of the OWNER within the time prescribed. The <br />OWNER reserves the right to reject the Bid of any Bidder who does not pass such <br />investigation to the OWNER'S satisfaction. In analyzing Bids, the OWNER may <br />take into consideration alternates and unit prices, if requested by the Bid forms. If <br />the Contract is awarded, the OWNER will issue the Notice of Award and give the <br />successful Bidder a contract for execution within sixty days after opening of Bids. <br /> <br />Execution of Agreement: <br /> <br /> 2.2 At least four counterparts of the Agreement and such other Contract <br />Documents as practicable will be executed and delivered by CONTRACTOR to the <br />OWNER within 10 calendar days of receipt from the OWNER . <br /> <br />Forfeiture of Bid Security: <br /> <br /> 2.3 Failure of the successful Bidder to execute and deliver the Agreement and <br />deliver the required bonds as stipulated in paragraph 2.2 shall be cause for the <br />OWNER to annul the Notice of Award and declare the Bid and any security <br />therefore forfeited. <br /> <br />Contractor's Pre-Start Representations: <br /> <br /> 2.4 CONTRACTOR represents that he has familiarized himself with, and assumes <br />full responsibility for having familiarized himself with the nature and extent of the <br />Contract Documents, work, locality, and with all local conditions and federal, state <br />and local laws, ordinances, rules and regulations that may in any manner affect <br />performance of the Work, and represents that he has correlated his study and <br />observations with the requirements of the Contract Documents. CONTRACTOR <br />also represents that he has studied all surveys and investigation reports of <br />subsurface and latent physical conditions referred to in the specifications and <br />made such additional surveys and investigations as he deems necessary for the <br />performance of the Work at the Contract Documents and that he has correlated <br />the results of all such data with the requirements of the Contract Documents. <br /> <br /> <br />City of Sunny Isles Beach <br />NE 174th Street Roadway Improvements <br />00700-4 General Conditions <br />14-1758 / 09-19-2014 <br />