9.1 Each bid must be accompanied by a bid deposit in the form of a bid bond, or a certified check on, or a treasurer's or cashier check issued by, a responsible bank or trust company, payable to the City of Worcester. A bid bond shall be a) in form satisfactory to the Owner substantially conforming to the sample contained in the Contract Documents, b) with a surety company qualified to do business (licensed) in the Commonwealth of Massachusetts and satisfactory to the Owner, and c) conditioned upon the faithful performance by the principal of the agreements contained in the bid. The bid deposit shall be in the amount of 5% of the value of the bid. At the end of the establishment period of 120 days, formal written acceptance from the City Supervisor of Forestry/Parks Department stating that tree plantings and their care and maintenance has been completed by the Contractor in all respects and in accordance with the tree specifications shall be required. After the establishment period, the Contractor shall guarantee that all trees shall be in good health and flourishing condition two (2) years from date of acceptance. The Contractor shall note that the guarantee period of two (2) years begins at the end of the establishment period after acceptance from the City Supervisor of Forestry/Parks Department. 10.1 The Owner shall reject every general bid which is not accompanied by the required bid deposit, or which otherwise does not conform to the statutory requirements or the bid documents. 10.2 The Owner reserves the right to reject any and all general bids which contains erasures, alterations, additions, errors or irregularities of any kind, or which contains proposed prices for any class or item of work which are, in the judgment of the Owner, substantially less or more than the actual cost to complete the work; provided, however, that the Owner reserves the right to waive any and all informalities as to form. Matters as to substance shall not be waived. All questions must be referred in writing to Stephen McDonald via email at: MCDONALDS@WORCESTERMA.GOV. All questions and requests for clarifications or interpretations of the meaning of the Contract Documents shall be in writing, addressed to the Purchasing Department, City of Worcester, and to be given consideration must be received at least five (5) days prior to the date fixed for opening of bids. If the bidder selected as the general contractor fails to perform his agreement to execute the contract in accordance with the terms of his bid and furnish a performance bond and also a labor and materials payment bond as stated in his bid, the award will be made to the next lowest responsible and eligible general bidder.
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