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LA515-1-859180.v2 4 The original of any modification or withdrawal transmitted by email must also be mailed to the City of Lake Elmo (and marked to the attention of Adam Swanepoel), be postmarked the same date as the date of the bid opening, and received by the City no later than 12:00 p.m. on the first business day following the date of the bid opening. Any modification or withdrawal must be submitted to aswanepoel@lakeelmo.org prior to bid opening. Bids may not be modified or withdrawn after the bid opening. 8. Substitutions. The products and materials described in this document establish a standard of required function, dimension, appearance and quality that must be met by any proposed substitution. Bidders may request of the City a statement a minimum of 10 days prior to bid opening, concerning the acceptability of any product or material which the bidder is uncertain of as to compliance with these specifications. It shall be the sole responsibility of the bidder to transmit such requests in writing to the City only in a full and complete manner accompanying the request with all data necessary for qualification of the product or material and at such a date as to allow reasonable time for the examination thereof. Such data may include specifications, drawings and any other information deemed necessary by the City. All costs incidental to the submission of this data are to be borne by the submitting bidder. The City will examine such requests to the extent possible, but there shall be no guarantee that all requests will be able to be examined, nor will the City examine requests accompanied by inadequate data or requests received too late to be qualified. If the City approves any proposed substitutions, such approval will be set forth in an addendum. Bidders shall not rely upon approvals made in any other manner. Approved substitutions may include modifications to submitted material deemed necessary by the City to conform to the established standard of required function, dimension, appearance and quality set forth in these specifications and shall be binding with regard to the performance of the work, if accepted. 9. Bid Opening. Bids will be opened and read aloud at 1:00 p.m. at the Lake Elmo City Hall on March 31, 2023. The Lake Elmo Parks Commission will recommend the winning bid to City Council who will award the contract at its regular meeting held on May 2, 2023 at 7:00 p.m. at the Lake Elmo City Hall. The City Council will consider awarding the contract at this meeting, but may delay awarding the contract until a later meeting if needed. A bid shall be valid for a period of 60 days from the date of the bid opening. 10. Evaluation of Bids In evaluating the bids, the City will consider the qualifications of the bidders and whether or not the bids comply with the prescribed requirements. The City may conduct such investigations as deemed necessary to establish the responsibility, qualifications and