2009-083-RES-Awarding the contract for the purchase of materials for the water system improvements

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INSTRUCTIONS TO BIDDERS ~ 1. Defined Terms Terms used in these Instructions to Bidders, which are defined in the Procurement General Conditions, EJCDC Document 1910-26-B (1981 edition), have the meanings ~ assigned to them in the General Conditions. The term "Bidder" means one who submits a ' Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder ~ to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Procurement Documents ~ (including all Addenda issued prior to receipt of Bids). ~ 2. Copies of Bidding Documents 2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, ~ stated in the Advertisement or Invitation to Bid may be obtained from Engineer. 22. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor ~ Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ~ 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for Materials and do not confer a ~ license or grant for any other use. 3. Qualifications of Bidders To demonstrate qualifications to furnish the Materials, each Bidder must be prepared to submit, within five days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and evidence of Bidder's qualification to do business in the state where the Project is located. ~ 4. Examination of Documents 4.1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Procurement Documents thoroughly, (b) consider federal, state and local Laws and ~ Regulations that may affect cost, progress, performance or furnishing of the Materials, (c) study and carefully correlate Bidder's observations with the Procurement Documents, and (d) notify Engineer of all conflicts, enors or discrepancies in the Procurement ~ Documents. 4.2 The submission of a Bid will constitute an incontrovertible representation by Bidder that ~ Bidder has complied with every requirement of this Article 4, and that the Procurement ~ 2