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not relieve the Bidder from the responsibility for estimating properly the difficulties or cost of the

The Bidder declares by the submission of a Bid that the Bid is not made in the interest of, or

on behalf of, any undisclosed person, partnership, company, association, organization, or

corporation; that the Bid is genuine and not collusive or a sham; that the Bidder has not directly

or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not

directly or indirectly colluded or agreed with any Bidder or anyone else to put in a sham Bid or to

refrain from bidding; that the Bidder has not directly or indirectly sought by agreement,

communication, or conference with anyone to fix the Bid price or the Bid price of any other

Bidder, or to fix any overhead, profit, or cost element of such Bid price or that of any other

Bidder, or to secure any advantage against the Agency, anyone interested in the Bid as

principal, or those named within the Bid; that all statements contained in the Bid are true; that

the Bidder has not directly or indirectly submitted a Bid price or any breakdown thereof or the

contents thereof, or divulged information or data relative thereto, to any other person,

partnership, corporation or association, except to person or persons as have a direct financial

interest in the Bidder's general business.

Bid prices shall include everything necessary for the completion of the Work and fulfillment

of the Contract, including but not limited to furnishing all materials, equipment, tools, excavation

sheeting, bracing and supports, plant, labor and services, except as may be provided otherwise

in the Contract. Bid prices shall include all Federal, State, and local taxes, and all other fees

and costs not expressly paid for by the Agency as stated in the Special Provisions.

The Bid shall be submitted in a sealed envelope as directed in the Notice to Contractors.

The Bidder shall plainly mark the exterior of the envelope in which the Bid is submitted to

indicate that it contains a Bid for the project for which the Bid is submitted, and the date of the

Bid opening therefor.

Bids submitted in envelopes that are not properly marked will be rejected.

2-3 EXAMINATIONS OF PLANS, SPECIFICATIONS, AND SITE OF WORK

The Bidder shall examine carefully the site of the proposed Work and the Plans,

Specifications and Bid Documents, and shall be satisfied as to the character, quality, and

quantity of surface and subsurface materials or obstacles to be encountered. The submission

of a Bid shall be conclusive evidence that the Bidder is satisfied through the Bidder’s own

investigation as to the conditions to be encountered; the character, quality, quantity and scope

of work to be performed; and the materials and equipment to be furnished.

If material discrepancies or apparent material errors are found in the Plans and

Specifications prior to the date of bid opening, an Addendum may be issued (see Section 2-9,

“Addenda”, in this Section of these Specifications). Otherwise, in figuring the Work, Bidders

shall consider that any discrepancies or conflict between Plans and Specifications will be

governed by Section 4-1, “Intent of Contract Documents”.

2-4 SUBSURFACE CONDITIONS

Where investigations of subsurface conditions have been made by the Agency with respect

to subsurface conditions, utilities, foundation, or other structural designs, and that information is

shown in the Plans, it represents only a statement by the Agency as to the character of

materials which have actually been encountered by the Agency’s investigation. This information

is only included for the convenience of Bidders.

Investigations of subsurface conditions are made for the purpose of design only. The

Agency assumes no responsibility with respect to the sufficiency or accuracy of borings or of the

log of test borings or other preliminary investigations or of the interpretation thereof. There is no

guaranty, either expressed or implied, that the conditions indicated are representative of those

existing throughout the Work, or any part of it, or that unanticipated conditions may not occur.