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ARTICLE 8 — QUOTE SECURITY <br />8.01 A Quote must be accompanied by Quote security made payable to Owner in an amount of five percent of Quoter's <br />maximum Quote price (determined by adding the base Quote and all alternates) and in the form of a certified <br />check, bank money order, or a quote bond (on the form included in the Quoting Documents) issued by a surety <br />meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. <br />8.02 The Quote security of the apparent Successful Quoter will be retained until Owner awards the contract to such <br />Quoter, and such Quoter has executed the Contract Documents, furnished the required contract security, and met <br />the other conditions of the Notice of Award, whereupon the Quote security will be released. If the Successful <br />Quoter fails to execute and deliver the Contract Documents and furnish the required contract security within 15 <br />days after the Notice of Award, Owner may consider Quoter to be in default, annul the Notice of Award, and the <br />Quote security of that Quoter will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Quoter <br />defaults. <br />8.03 The Quote security of other Quoters that Owner believes to have a reasonable chance of receiving the award may <br />be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the <br />Quote opening, whereupon Quote security furnished by such Quoters will be released. <br />8.04 Quote security of other Quoters that Owner believes do not have a reasonable chance of receiving the award will <br />be released within seven days after the Quote opening. <br />ARTICLE 9 — CONTRACT TIMES <br />9.01 The number of days within which, or the dates by which, Milestones are to be achieved and/or the Work is to be <br />substantially completed and ready for final payment are set forth in the Agreement. <br />ARTICLE 10 — LIQUIDATED DAMAGES <br />10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or <br />completion of the Work in readiness for final payment, are set forth in the Agreement. <br />ARTICLE 11— SUBSTITUTE AND "OR -EQUAL" ITEMS <br />11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in <br />the Quoting Documents without consideration during the Quoting and Contract award process of possible <br />substitute or "or -equal" items. In cases in which the Contract allows the Contractor to request that Engineer <br />authorize the use of a substitute or "or -equal" item of material or equipment, application for such acceptance may <br />not be made to and will not be considered by Engineer until after the Effective Date of the Contract. <br />11.02 All prices that Quoter sets forth in its Quote shall be based on the presumption that the Contractor will furnish the <br />materials and equipment specified or described in the Quoting Documents, as supplemented by Addenda. Any <br />assumptions regarding the possibility of post -Quote approvals of "or -equal" or substitution requests are made at <br />Quoter's sole risk. <br />Instructions to Quoters <br />00 2100-5 <br />