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A
P
P
E
N
D
I
X
Example Bid Documents
This appendix contains the plans (drawings) and Division 0 of the written specifications for a project. A complete set of the technical specifications (Divisions
1 through 16) can be obtained from the McGraw-Hill website at www.mhhe.com/
peurifoy_oberlender.
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APPENDIX FIGURE 1 | Site Plan (Civil Drawing C–1)
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Weather
Fire
Stripping Rating
Yes
Yes
–––––
–––––
–––––
1HR
Yes
Yes
–––––
–––––
–––––
–––––
Yes
Yes
Mark
Mark
101
100A
101B
100B
101A
101A
101A
Description
Lab & Office
R.R & Shower
Storage
Mech. Equip.
Main Room
Recycling
Storage
Floor
VT
VT
Conc.
Conc.
Conc.
Conc.
Conc.
Mark
A
B
Size & Type
40 30 Single Hung
4030 Fixed
Base
4" Rub
4" Rub
None
None
None
None
None
Walls
CMU
CMU
CMU
CMU
CMU
CMU
CMU
Remarks
Street Address
City, State
John Smith P.E.
Owner's Rep.
Street Address
City, State
Phone Number
Insulated Panel, Plexiglas Lites
Window Schedule
Access Hatch to Catwalk Above Ceiling
Glazing
3/4" Insulated
1/4" Single
138' 8"
Veneer
0' 8"
Ceiling
GYP BD
GYP BD
GYP BD
GYP BD
GYP BD
GYP BD
GYP BD
Other
With Alf Screens
SEAL
0' 8"
0' 6"
11' 4"
Mech
.Equip.
100B
7
5
13
4
Maintenance
Room
101A
Storage
101B
2' 4"
Lockers
7' 10"
0'–6"
0'–8"
14' 5"
2
B
A
FLOOR PLAN
Scale: No Scale
0' 6"
6
Fire B
Exiting
1
Lab &
Office
101
M-D-YR
0'–8"
A
A
N
Project Name:
11
Storage
102A
Drawn by
Issue Date: M-D-YR
Revision Number: 0
0'–8"
3
0' 8"
45' 0"
Veneer
2" ø, 3 Rail
12 Pipe Railing
Fire Removeable
Exiting
Recycling
10 102
9
0'–8"
0'–6"
0'–6"
0'–8"
11' 4"
8
Building No.
Project No.
Work Order
Drawing No.
A-1
Of:
Plot 3/32" 1"
\Projections\Building\637\Drawings\BOV–A-4.dwg
APPENDIX FIGURE 2 | Floor Plan (Architectural Drawing A–1)
12
FLOOR PLAN
ThreshHold
Yes
Yes
–––––
–––––
–––––
Yes
Yes
–––––
–––––
–––––
–––––
Yes
No
Sheet Name:
Stop
Yes
Yes
Yes
Yes
Yes
Yes
Yes
–––––
Yes
–––––
Yes
Yes
No
MAINTENANCE FACILITY PROJECT
STREET ADDRESS
CITY, STATE
Closer
Yes
Yes
Yes
–––––
Yes
Yes
Yes
–––––
–––––
–––––
–––––
Yes
No
6' 0"
Lockset Hinges
Entry
3
Office
3
Privacy
3
Stor. Rm
3
Mech
3
Entry
4
Entry
43
Padlock –––––
Passage
8
Padlock –––––
Stor. Rm
3
Entry
3
Latch
2
6' 4-1/2"
Frame
Mat'l
H.M.
H.M.
H.M.
H.M.
H.M.
H.M.
H.M.
–––––
H.M.
–––––
H.M.
H.M.
Steel
9' 2"
12' 0"
0'–8"
Door
Mat'l
Steel
Steel
Steel
Steel
Steel
Steel
Steel
Steel
Steel
Steel
Steel
Steel
Steel
15' 7-1/2"
THK
1 3/4
1 3/4
1 3/4
1 3/4
1 3/4
1 3/4
1 3/4
OHD
1 3/4
OHD
1 3/4
1 3/4
–
0' 8"
Size
30 70
30 70
30 70
30 70
30 70
40 70
40 70
10 X 8
40 70 PR
10 X 8
30 70
30 70
20 20
637
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Project
Owner's
Name
Room Finish Schedule
Mark
1
2
3
4
5
6
7
8
9
10
11
12
13
501
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APPENDIX FIGURE 3 | Interior Elevations (Architectural Drawing A–2)
HEPA Filter
Exhaust Stack
Project
Owners
Metal Roof
on 5/8" P.W. Sheathing
over 1.5# Roof Felt
on Pre-Engineered
Wood Trusses
Metal Rake
Trim
12
3
Name
Street Address
City, State
John Smith, P.E.
Owners Rep.
Street Address
City, State
Phone Number
10' - 0"
M AS O N R Y
San. Vent
B/A-4
HEPA Filter
Exhaust Stack
A
A
8"
C
SEAL
SCALE: 3/32 1'– 0"
HEPA Filter
Exhaust Stack
San. Vent
(Typical)
Drawn by JOC M-D-Y
Issue Date: M-D-Y
Revision Number: 0
10' – 0" 8'–0"
Overhead Door
A
NORTH ELEVATION
SCALE: 3/32 1'– 0"
Motorized Dampers
w/ Metal Louvers
10'– 0"
Masonry
A/A–4
PROJECT NAME:
Motorized Dampers
w/ Metal Louvers
EXTERIOR ELEVATIONS
SCALE: 3/32 5 1'– 0"
Slope 1" Away
From All Doors
EAST ELEVATION
SHEET NAME:
D
WEST ELEVATION
NOTE
Slope Grade Away From
Building at Minimum of
6" in 10' – 0"
MAINTENANCE FACILITY PROJECT
STREET ADDRESS
CITY, STATE
10' – 0" 8'–0"
Overhead Door
BUILDING NO.
8"
637
PROJECT NO.
WORK ORDER
B
Drawing No.
SOUTH ELEVATION
SCALE: 3/32 1'– 0"
Plot: SCALE: 3/32 5 1'–0"
\Projects\Building\Drawings\BOV–A-3.DWG
APPENDIX FIGURE 4 | Exterior Elevations (Architectural Drawing A–3)
Of:
A-3
12
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Metal Louvered
Attic Vent
503
Green Metal Roof
On 5/8" PW Sheathing
Over 15# Roof Felt
1" Clear Air
Vent Above
Insulation
10" Batt
Insulation
Street Address
Vented
Attic
Space
12
3
City, State
John Smith P.E.
Owner's Rep.
Street Address
City, State
Phone Number
Vented
Attic Space
1/2" Hardboard
Fascia
6" Metal Joists
@ 16" O.C.
SEAL
Supply Air
Duct. Insulated
Brick Veneer
w/ Ties @ 16" O.C.
10 - 1"
7' - 11 3/8"
8" Conc. Blk. Wall
Loose Filled with Perlite
1" Rigid
Insulation
Grout Fill to
Weep Hole
#6 18" Bars @16" O.C.
Fill Bottom Course w/ Grout
Slope Floor
Slope Floor
to Drain
to Drain
Plastic Weep Hole
Tubing @4' O.C.
“Nerva Stral”
Flashing
Drawn by
Bond Beam with
#6 Bar Continuous
Fill with Grout
8" Conc. Blk. Wall
Loose Filled with Perlite
1" Rigid
Insulation
Brick Veneer
w/ Ties @ 16" O.C.
Plastic Weep Hole
Tubing @ 4'- 0" O.C.
“Nerva-Stral”
Flashing
Grout Fill to
Weep Hole
8"
FIN. GRADE
6"
1'–4"
2' - 0 "
1' - 4 "
#6 Bar Continuous
6"
4" Conc. Slab with #3 Bars
at 18" O.C. Both Ways on 4" Sand
3"
A
Section @ Footing
Scale: 1/2" 1'–0"
#5 Bars Cont. Top and Bottom
with #3 Strusses at 24" O.C.
APPENDIX FIGURE 5 | Building Sections (Architectural Drawing A–4)
JOC
M-D-YR
Issue Date: M-D-YR
Revision Number: 0
3"
Building No.
@ Storage Room
B Section
Scale: 1/2" 1'–0"
1' - 4 "
637
Project No.
Work Order
Drawing No.
#5 Bars Cont. Top and Bottom
with #3 Strusses at 24" O.C.
Plot 1/16" 1"
\Projections\Building\637\Drawings\BOV–A-4.dwg
BUILDING SECTIONS
10'–1"
Return Air
Duct. Insulated
Sheet Name:
Gyp. Brd. Ceiling
MAINTENANCE FACILITY PROJECT
STREET ADDRESS
CITY, STATE
4" 12" Soffit Vents
@ 8'–0" O.C.
.
Project Name:
Gyp. Brd. Ceiling
Bond Beam with
#6 Bar Continuous
Fill with Grout
1/2" Hardboard
Soffit
Pre-Treated
Pre-Engineered
Wood Trusses
@ 24" O.C.
A-4
Of:
12
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504
Project
Owner's
Name
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APPENDIX FIGURE 6 | Building Sections (Architectural Drawing A–5)
505
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APPENDIX FIGURE 7 | Foundation Plan (Architectural Drawing A–6)
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APPENDIX FIGURE 8 | HVAC Plan (Mechanical Drawing M–1)
507
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508
APPENDIX FIGURE 9 | Plumbing Plan (Plumbing Drawing P–1)
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APPENDIX FIGURE 10 | Electrical Power Plan (Electrical Drawing E–1)
509
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APPENDIX FIGURE 11 | Electrical Lighting (Electrical Drawing E–2)
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Appendix
BID DOCUMENTS
FOR:
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
DATE: JANUARY 20xx
MAINTENANCE FACILITY PROJECT
1234 STREET, ROOM 200
CITY, STATE
SET NUMBER _____
Example Bid Documents
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INDEX
DIVISION 0—BIDDING AND CONTRACT DOCUMENTS
Pages
SECTION 00001: ADVERTISEMENT FOR BIDS
SECTION 00002: INSTRUCTIONS TO BIDDERS
SECTION 00003: BID FORM
SECTION 00004: AFFIDAVIT OF NONDISCRIMINATION,
NONSEGREGATED FACILITIES,
NONCOLLUSION, AND
BUSINESS RELATIONSHIPS
SECTION 00005: BID BOND
SECTION 00006: CONTRACT
SECTION 00007: AFFIDAVIT
SECTION 00008: PERFORMANCE PAYMENT BOND
SECTION 00009: STATUTORY BOND
SECTION 00010: WARRANTY BOND
SECTION 00011: AFFIDAVIT (RELEASE OF LIENS, ETC.)
SECTION 00012: CERTIFICATE OF APPROVAL (SURETY’S
CONSENT OF RELEASE OF LIENS)
SECTION 00013: GENERAL CONDITIONS
SECTION 00014: SUPPLEMENTARY CONDITIONS
1
1–5
1–4
DIVISION 1—GENERAL REQUIREMENTS
1–2
1–2
1–2
1
1–2
1–2
1–2
1
1
1
1–9
1–11
DIVISION 2—SITEWORK
SECTION 02200—EARTHWORK
SECTION 02282—TERMITE CONTROL
SECTION 02511—HOT-MIXED ASPHALT PAVING
1–4
1–2
1–4
DIVISION 3—CONCRETE
SECTION 03300—CAST-IN-PLACE CONCRETE
1–6
DIVISION 4—MASONRY
SECTION 04200—UNIT MASONRY
1–9
DIVISION 5—METALS (NONE)
DIVISION 6—WOOD AND PLASTICS
SECTION 06105—MISCELLANEOUS CARPENTRY
SECTION 06192—WOOD TRUSSES
1–2
1–2
DIVISION 7—THERMAL AND MOISTURE PROTECTION
SECTION 07210—BUILDING INSULATION
1–2
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Example Bid Documents
SECTION 07411—MANUFACTURED ROOF PANELS
SECTION 07901—JOINT SEALANTS
1–2
1–2
DIVISION 8—DOORS AND WINDOWS
SECTION 08111—STEEL DOORS AND FRAMES
SECTION 08360—SECTIONAL OVERHEAD DOORS
SECTION 08520—ALUMINUM WINDOWS
SECTION 08710—DOOR HARDWARE
1–2
1–2
1–2
1–3
DIVISION 9—FINISHES
SECTION 09250—GYPSUM BOARD ASSEMBLIES
SECTION 09650—RESILIENT FLOORING
SECTION 09678—RESILIENT WALL BASE
SECTION 09900—PAINTING
1–2
1–2
1
1–2
DIVISION 10—SPECIALTIES
SECTION 10155—TOILET COMPARTMENTS
SECTION 10500—METAL LOCKERS
SECTION 10522—FIRE EXTINGUISHERS AND
WALL BRACKETS
SECTION 10800—TOILET AND BATH ACCESSORIES
1
1
1
1–2
DIVISION 11—EQUIPMENT (NONE)
DIVISION 12—FURNISHINGS
SECTION 12346—WOOD LABORATORY CASEWORK
AND FIXTURES
1–10
DIVISION 13—SPECIAL CONSTRUCTION (NONE)
DIVISION 14—CONVEYING SYSTEMS (NONE)
DIVISION 15—MECHANICAL
SECTION 15100—PLUMBING
SECTION 15500—HEATING, VENTILATING, AND
AIR CONDITIONING
1–3
1–2
DIVISION 16—ELECTRICAL
SECTION 16100—ELECTRICAL
****** END OF INDEX******
1–4
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DIVISION 0—BIDDING REQUIREMENTS, CONTRACT
FORMS, AND CONDITIONS OF THE
CONTRACT
SECTION 00001—ADVERTISEMENT FOR BIDS:
ADVERTISEMENT FOR BIDS:
BIDS: 3:00 P.M., FEBRUARY 19, 20XX
The OWNER, will receive bids on:
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
at the office of OWNER, located in the Room 200 at 1234 Street in City,
State until 3:00 P.M., FEBRUARY 19, 20XX, and then publicly opened and
read aloud at a designated place. Bids received after this time or more than
ninety-six (96) hours excluding Saturdays, Sundays, and holidays before the
time set for the opening of bids will not be accepted. Bids must be turned in at
the above office during the time period set forth. All interested parties are invited
to attend.
The contract documents may be examined in the office of ABC DESIGN
FIRM, 3456 Street, City, State, Zip Code, and copies may be obtained there
upon receipt of a letter of intent to pay $100.00 for two (2) sets of drawings and
specifications in the event that they are not returned in good condition within ten
(10) days of the date of bid opening. Additional sets may be obtained by paying
the cost of printing the drawings and assembly of specifications.
The OWNER reserves the right to reject any or all bids or to waive any
minor informalities or irregularities in the bidding.
Each bidder must deposit, with his bid, security in the amount and form set
out in the contract documents. Security shall be subject to the conditions provided in the Instruction to Bidders.
No bidder may withdraw his bid within sixty (60) days after the date of
opening thereof. Attention of bidders is particularly directed to the statutory
requirements and affidavit concerning nondiscrimination, nonsegregated facilities, noncollusion, and business relationship provisions.
OWNER
By
Chairman’s Name
Chairman
lst Publication: January 29, 20XX
2nd Publication: February 5, 20XX
***** END OF SECTION 00001—ADVERTISEMENTS FOR BIDS *****
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Example Bid Documents
SECTION 00002—INSTRUCTIONS TO BIDDERS:
RECEIPT AND OPENING OF BIDS:
The OWNER invites bids on the referenced project on the Bid Form included in
the Contract Documents, all blanks of which must be appropriately filled in. Bids
will be received by the Owner at the time and place set forth in the Advertisement
for Bids and then at said place be publicly opened and read aloud.
The Owner may reject any bid not prepared and submitted in accordance
with the provisions hereof and may reject any and all bids or may waive any
minor informalities or irregularities in the bidding.
Bids received prior to the time of opening will be kept unopened in a secure
place. The officer whose duty it is to open them will decide when the specified
time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly
addressed and identified. Unless specifically authorized, telegraphic, oral, facsimile or telephonic bids will not be considered, but modifications by telegraph
or facsimile of bids already submitted will be considered if received prior to the
hour set for opening.
BID SUBMISSION:
Each bid must be submitted in a sealed envelope bearing on the outside the
name of the bidder, his address, and the name of the project for which the
bid is submitted, and addressed as specified in the Bid Form.
If forwarded by mail, the sealed envelope containing the bid must be
enclosed in another envelope addressed as specified in the Bid Form.
The Owner shall not be responsible for failure by the postal service to
timely deliver any bid.
SPECIAL BIDDING DOCUMENTS:
Attention is particularly called to those parts of the contract documents
which must be attached to the Bid Form:
a. Affidavit of Nondiscrimination, Nonsegregated Facilities, Noncollusion,
and Business Relationships (pgs. 1 and 2, Section 00004).
b. Bid Bond (pgs. 1 and 2, Section 00005).
c. Power of Attorney.
SUBCONTRACT:
Any person, firm, or other party to whom it is proposed to award a subcontract
under this contract must be acceptable to the Owner.
TELEGRAPHIC MODIFICATION:
Any bidder may modify his bid by telegraphic or facsimile communication at
any time prior to the scheduled closing time for receipt of Bids, provided such
515
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Estimating Construction Costs
telegraphic or facsimile communication is received by the Owner prior to the
closing time, and provided further, the Owner is satisfied that a written confirmation of the telegraphic or facsimile modification over the signature of the bidder was mailed prior to the closing time. The telegraphic or facsimile communication should not reveal bid price, but should provide the addition or subtraction
to the Owner until the sealed bid is opened. If written confirmation is not
received within two days from the closing time, no consideration will be given
to the telegraphic or facsimile modification.
WITHDRAWAL OF BIDS:
Bids may be withdrawn on written or telegraphic or facsimile request received
from bidders prior to the time fixed for opening. Negligence on the part of the
bidder in preparing the bid confers no right for the withdrawal of the bid after it
has been opened.
BASIS OF BID:
The bidder must include all unit cost items and all alternatives shown on the Bid
Forms; failure to comply may be cause for rejection. No segregated bids or
assignments will be considered.
QUALIFICATION OF BIDDER:
The Owner may make such investigation as he deems necessary to determine the
ability of the bidder to perform the work, and the bidder shall furnish to the
Owner all such information and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the evidence submitted by, or
investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the
work contemplated therein. Conditional bids will not be accepted.
BID SECURITY:
Each bid must be accompanied by a certified check made payable to the Owner
in the sum of not less than five percent (5%) of the base bid, plus add alternates,
if any, or a bond with sufficient sureties, to be approved by Owner, in a penal
sum equal to five percent (5%) of the base bid, plus add alternates, if any, and
naming the Owner as obligee, or for any bid of $2,000,000 or less an irrevocable letter of credit containing such terms as may be prescribed by the Owner and
issued by a financial institution insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance Corporation for the benefit of the state, on behalf of the Owner in an amount equal to five percent (5%)
of the bid. Such security shall be returned to all except the three (3) lowest
responsible bidders within three (3) days after the opening of the bids, and the
remaining security within three (3) days after the Owner and the bidder to whom
the contract is awarded have executed the contract.
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Example Bid Documents
BID DEFAULT:
If the successful bidder fails or refuses to enter into a contract as required by the
Owner or fails to provide the required bonds and insurance to the Owner, within
the time limited, said bidder shall forfeit to the Owner the difference between the
low bid of said defaulting bidder and the amount of the bid of the bidder to
whom the contract is subsequently awarded and the cost, if any, of republication
of Notice to Bidders and all actual expenses incurred by reason of the bidder’s
default. The amount of said forfeiture shall not exceed the total amount
deposited as security and shall be forfeited to the Owner as liquidated damages
and not as a penalty.
Negligence on the part of the bidder in preparing or submitting the bid confers no right for the withdrawal of the bid after it has been opened and shall not
constitute a defense to or excuse from the requirements of this provision.
TIME OF COMPLETION:
Bidder must agree to commence work on or before a date to be specified in a
written “Notice to Proceed” of the Owner and to substantially complete the project within 180 consecutive calendar days thereafter.
CONDITIONS OF THE WORK:
Each bidder must inform himself fully of the conditions relating to the construction of the project and employment of labor hereon. Failure to do so will
not relieve a successful bidder of his obligation to furnish all material and labor
necessary to carry out the provisions of his contract. Insofar as possible, the contractor, in carrying out his work, must employ such methods necessary to prevent any interruption of or interference with the work of any other contractor.
ADDENDA AND INTERPRETATIONS:
No interpretation of the meaning of the plans, specifications or other contract
documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to:
ABC Design Firm
3456 Street
City, State Zip
CONTACT PERSON: Designer’s name and phone number
and to be given consideration must be received at least ten days prior to the date
fixed for the opening of bids. Any and all interpretations and any supplemental
instructions will be in the form of written addenda to the specifications, which
if issued, will be mailed to all prospective bidders (at the respective addresses
furnished for such purpose), not later than five days prior to the date fixed for
the opening of bids. Failure of any such bidder to receive any such addenda or
interpretation shall not relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become a part of the contract documents.
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Estimating Construction Costs
POWER-OF-ATTORNEY:
The Attorney-in-Fact who signs bid bonds or contract bonds must file with each
bond a certified and effectively dated copy of the Power-of-Attorney.
LAWS AND REGULATIONS:
The bidder’s attention is directed to the fact that all applicable State Laws,
Municipal Ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though
herein written out in full.
METHOD OF AWARD:
If the order of acceptance of alternates is not a factor in determining the low bidder, the Owner may accept any or all alternates in any order of preference. If the
acceptance or rejection of alternates or the order of acceptance of alternates is a
factor the low bidder will be determined by the application of alternates in the
order listed on the proposal form, at the time bids are opened, to the extent that
the amount of budgeted funds will permit. After the low bidder has been so
established, the Owner may elect to revise the extent or order of acceptance of
alternates or may adjust the amount of budgeted funds so long as the selection
of the low bidder is not affected.
The Owner reserves the right to reject any and all bids.
OBLIGATION OF BIDDER:
At the time of the opening of bids, each bidder will be presumed to have
inspected the site and to have read and to be thoroughly familiar with the plans
and contract documents (including all addenda). The failure or omission of any
bidder to examine any form instrument or document shall in no way relieve any
bidder from any obligation in respect of his bid.
Bidders shall carefully examine the documents and the construction site to
obtain first-hand knowledge of the existing conditions, make actual examination
of site, existing construction, and construction conditions prior to submission of
bids. Examination of conditions includes sizes, quantities, functions, etc.
Examination prior to bidding is the Contractor’s responsibility.
Coordinate requests for examination through: Tim Mitchel, Ph. AC &
Number
NOTICE OF REQUIREMENTS FOR AFFIDAVIT OF
NONDISCRIMINATION, NONSEGREGATED
FACILITIES, NONCOLLUSION, AND BUSINESS
RELATIONSHIPS:
Bidders must execute and submit with the bid the affidavit pertaining to
Nondiscrimination, Nonsegregated Facilities, Noncollusion, and Business
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Appendix
Example Bid Documents
Relationships. The Certification of Nonsegregated Facilities must be executed in
contracts exceeding $10,000 which are not exempt from the Provision of the Equal
Opportunity Clause. Failure to execute the required form properly shall result in
rendering the bid proposal non-responsive to the solicitation requirements.
As used in this certification, the term “segregated facilities” means in waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating
places, time clocks, locker rooms and other storage or dressing areas, parking
lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin,
because of habit, local custom, or otherwise.
NOTICE OF REQUIREMENTS FOR AFFIDAVIT OF
NONCOLLUSION:
The successful bidder must execute and submit with the contract the affidavit
pertaining to noncollusion. Failure to execute the required form properly shall
result in delay of execution of the contract.
SUBSTITUTIONS AND PRODUCT OPTIONS:
Where material is mentioned in the Specifications by trade name or manufacturer’s name, the same is not a preference for said material, but the intention of
using said name is to establish a type or quality of material. Material of other
trade names or of other manufacturer’s which is equivalent or better in type or
quality shall be submitted for approval 10 days prior to bidding and shall be
accompanied by actual full sized samples and such technical data as the
Architect may need in order to compare the proposed materials with the materials which were specified. Approved substitutions shall be made by the Architect
through the issuance of an Addendum. Any substitutions without prior approval
are submitted at the Contractor’s risk and may be rejected.
Before submitting materials or equipment for approval, the Contractor shall
ascertain that it can be installed in the manner indicated and in the space available, and that it complies with the requirement of the Contract. Failure of the
Contractor to do so shall not relieve him of the responsibility for furnishing suitable materials and equipment.
The Owner reserves the right to reject any proposed substitution which is
submitted after bidding.
IRREVOCABLE LETTERS OF CREDIT:
The successful bidder for contracts in amounts of $100,000 or less may provide
an irrevocable letter of credit for each bond in lieu of the performance payment
bond, statutory bond, and the warranty bond as herein specified. Each letter of
credit shall contain such terms as may be prescribed by the Owner and issued by
a financial institution insured by the Federal Deposit Insurance Corporation or
the Federal Savings and Loan Insurance Corporation for the benefit of the state,
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on behalf of the Owner in an amount equal to the full contract amount. Letters
of credit may not be substituted for bonds required by contracts in excess of
$100,000.
SURETY:
The Surety Company required to execute all bonds shall be authorized to transact business in the State in accordance with Title XX, State Statutes, Sections
481 et. seq.
MINORITY STATUS:
The contractor shall indicate on the bid form if a claim is being made for minority bid preference in accordance with the State Minority Business Enterprise
Assistance Act (Title XX, Section YY of the State Statutes). Such a claim, if
desired, must be indicated on the bid form at the time of receipt of bids. Claims
for preference after receipt of bids will not be allowed.
****** SECTION 00002—INSTRUCTIONS TO BIDDERS *****
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SECTION 00003—BID FORM:
Bidders shall note that bid must be made on this form. Amounts of the bid shall
be completely filled in, both in figures and in writing. Enclose the bid form in a
sealed envelope plainly marked and addressed as follows:
1. The name and address of the bidder shall appear in the upper left hand corner of the envelope.
2. The lower left hand corner of the envelope shall be marked as follows:
BID FOR:
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
3. The envelope shall be addressed to:
OWNER
1234 Street, Suite 200
City, State Zip Code
4. Failure of the bidder to execute and submit the following forms with his
proposal will result in disqualification of his bid:
a. Affidavit of Nondiscrimination, Nonsegregated Facilities,
Noncollusion, and Business Relationships.
b. Bid Security.
c. Power of Attorney (with Surety Bonds).
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SECTION 00003—BID FORM:
Place:
Date:
PROPOSAL OF
(hereinafter called “Bidder”), a
(corporation/partnership/an individual) doing business as
TO: The Owner.
Gentlemen:
The bidder, in compliance with your invitation for Bids for the:
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
having examined the plans and specifications with related documents and the
site of the proposed work, and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, hereby
agree to furnish all labor, materials, equipment and supplies, and to perform the
work required by the project in accordance with the contract documents, within
the time set forth in Instructions to Bidders, and at the prices stated below. These
prices are to cover all expenses incurred in performing the work required by the
contract documents, of which this bid is a part.
Bidder acknowledges receipt of the following addenda: _______________.
All Bid amounts shall be shown in both WORDS and FIGURES. In case of
discrepancy, the amount shown in words will govern.
BASE BID:
Bidder agrees to perform all of the work described in the plans and specifications as being in the Base Bid for the sum of: ______________ Dollars.
$_____________________
The Bidder agrees to perform all of the work described in the Drawings and
Specifications, which has been designated as Alternate Bids. Alternate Bids
shall be add amounts to the Base Bid. Changes shall include any modifications
of the work or additional work that the Bidder may require to perform by reason
of Owner’s acceptance of any or all Alternate Bids.
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ALTERNATE NO. 1 :
Add 3 thick Type “C” asphalt paving to compacted crushed limestone as shown
on Sheet C-1.
ADD: $_______________________.
_______________________ Dollars.
ALTERNATE NO. 2:
Added cost difference to provide 6 thick reinforced concrete paving in lieu of
asphalt paving as shown on Sheet C-1.
ADD: $_______________________.
_______________________ Dollars.
The Bidder hereby agrees to commence work under this contract on or before a
date to be specified in a written “Notice to Proceed” by the Owner and to substantially complete the project within 180 consecutive calendar days thereafter.
The Owner reserves the right to reject any and all bids.
Bidder agrees that this bid shall be good and shall not be withdrawn for a
period of sixty (60) calendar days after the opening thereof.
In the event a contract is awarded by the Owner to the Successful Bidder, it
shall be executed within thirty (30) days. The Bidder shall return with his executed contract the Performance Payment Bond, Statutory Bond and Warranty
Bond as required by the Supplementary Conditions.
If the successful bidder fails or refuses to enter into a contract as required by
the Owner or fails to provide the required bonds and insurance to the Owner,
within the time limited, said bidder shall forfeit to the Owner the difference
between the low bid of said defaulting bidder and the amount of the bid of the
bidder to whom the contract is subsequently awarded and, the cost, if any, of republication of notice to bidders and all actual expenses incurred by reason of the
bidder’s default. The amount of said forfeiture shall not exceed the total amount
deposited as security and shall be forfeited to the Owner as liquidated damages
and not as a penalty. Negligence on the part of bidder in preparing or submitting
the bid confers no right for the withdrawal of the bid after it has been opened and
shall not constitute a defense to or excuse from the requirements of this provision.
(SEAL) if bid
is by Corporation
Respectfully submitted,
_______________________________
By: _______________________________
Title
_______________________________
FEI/SS Number____________________
****************************************************************
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Is a claim for minority preference being made?
Yes _____ No _____
If so, give certificate number _______________.
****** END OF SECTION 00003—BID FORM *****
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SECTION 00004—AFFIDAVIT OF NONDISCRIMINATION, NONSEGREGATED FACILITIES, NONCOLLUSION, AND BUSINESS RELATIONSHIPS
STATE OF
____________________)
COUNTY OF
____________________)
The undersigned, of lawful age, being first duly sworn upon oath, deposes and
states that I am the duly authorized agent of the bidder submitting the attached
bid and am authorized by said bidder to execute the within affidavit.
I further swear that if said bidder is successful on this project, it will not discriminate against anyone in employment or employment practice because of
race, color, religion, sex, or national origin. The undersigned further states that
said bidder will comply with all federal and state laws and executive orders concerning the subject of nondiscrimination.
The undersigned further states that said bidder does not and will not maintain or provide for its employees any segregated facilities as defined in the
instructions to bidders for this project at any of its establishments, nor permit its
employees to perform their services at any location under its control, where segregated facilities are maintained. The bidder further agrees that a violation of
this certification is a breach of the equal opportunity clause of this bid and any
contract awarded pursuant thereto. Said bidder further agrees that (except where
it has obtained identical certification from proposed subcontractors for specific
time periods), it will obtain identical certifications from proposed subcontractors
prior to the award of subcontracts exceeding Ten Thousand Dollars ($10,000)
which are not exempt from the provisions of the equal opportunity laws, and that
said bidder will retain such certifications in its files.
The undersigned further states that, for the purpose of certifying the facts
pertaining to the existence of collusion among bidders and between bidders and
state officials or employees, as well as facts pertaining to the giving or offering
of things of value to government personnel in return for special consideration in
the letting of any contract pursuant to the bid to which this statement is attached;
that I am fully aware of the facts and circumstances surrounding the making of
the bid to which this statement is attached and have been personally and directly
involved in the proceedings leading to the submission of such bid; and that neither the bidder nor anyone subject to the bidder’s direction or control has been
a party: (a) to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; nor (b) to
any collusion with any state official or employee as to quantity, quality or price
in the prospective contract, or as to any other terms of such prospective contractor; (c) in any discussions between bidders and any state official concerning
exchange of money or other thing of value for special consideration in the letting of a contract.
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The undersigned further states that any partnerships, joint ventures, or other
business relationships that are not in effect, or existed within one (1) year prior
to this statement, with the architect, engineer or other party to this project; or any
such business relationships between any officer or director of the bidder and any
officer or director of the architectural or engineering firm or other party to the
project are described as follows:
_______________________________________________________________.
NAME OF BIDDER:
BY:
_________________________________
_______________________________________________
Affiant
Subscribed and sworn to before me this _______ day of ____________, 20____.
My commission expires:
______________________________
Notary Public
****** END OF SECTION 00004—NONCOLLUSION AFFIDAVIT *****
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SECTION 00005—BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned _______
________________________________________________________________
as Principal, and ___________________________________________________
as Surety, authorized to transact business in the State, are hereby held and firmly
bound unto Owner, in the penal sum of ______________________________ for
the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed this _____ day of _______________________, 20_____.
The condition of the above obligation is such that whereas the Principal has submitted to OWNER a certain bid, attached hereto and hereby made a part hereof
to enter into a contract in writing, for the
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
NOW THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver
a Contract in the Form of Contract attached hereto (properly completed
and in accordance with said Bid) and shall furnish all bonds required by
the specifications and shall in all other respects perform the agreement
created by the acceptance of said Bid,
then this obligation shall be void, otherwise the same shall remain in force and
effect; it being expressly understood and agreed that the liability of the Surety
for any and all claims hereunder shall, in no event, exceed the penal amount of
this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any
extension of the time within which the Owner may accept such Bid; and said
Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set
their hands and seals, and such of them as are corporations have caused their
corporate seals to be hereto affixed and these presents to be signed by their
proper officers, the day and year first set forth above.
_____________________________________
Principal
_____________________________________
Surety
SEAL
BY _____________________________________
Attorney-in-Fact
****** END OF SECTION 00005—BID BOND *****
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SECTION 00006—CONTRACT
THIS AGREEMENT made this _____ day of ___________________, 20_____,
by and between the OWNER and
________________________________________________________________
an individual, doing business as a partnership, a corporation, of the
City of _________________________,
County of _________________ and,
State of ________________________,
hereinafter called “Contractor.”
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Owner, the Contractor
hereby agrees with the Owner to commence and complete the construction
described as follows:
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
hereinafter called the Project, for the sum of ____________________________
_________________________________________ Dollars (_______________)
as stated in the Contractor’s base proposal as attached hereto and made a part of
these contract documents and all extra work in connection therewith, under the
terms as stated in the General and Supplementary Conditions of the Contract,
and at his (its or their) own proper cost and expense to furnish all the materials,
machinery, tools, superintendence, labor, insurance, and other accessories and
services necessary to complete the said project in accordance with the conditions
and prices stated in the Bid Form, the General Conditions, and Supplementary
Conditions of the Contract, the plans which include all maps, plats, blueprints,
and other drawings and printed or written explanatory matter thereof, the specifications and contract documents for:
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
as prepared by ABC Design Firm of 3456 Street, City, State, Zip, herein entitled the Architect, and as enumerated in Para. 4.1 of the Supplementary
Conditions, all of which are made a part hereof and collectively evidence and
constitute the contract.
TIME OF COMPLETION
The Contractor hereby agrees to commence work under this Contract on or
before a date to be specified in a written “Notice to Proceed” of the Owner, and
to substantially complete the project within 180 consecutive calendar days
thereafter.
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PAYMENTS
The Owner agrees to pay the Contractor from current funds for the performance
of the Contract, subject to the additions and deductions, as provided in the
General Conditions of the Contract and to make payments on account thereof as
provided in the General Conditions.
IN WITNESS WHEREOF, the parties to these presents have executed this
Contract in eight (8) counterparts, each of which shall be deemed as original, in
the day and year first above mentioned.
SEAL:
THE OWNER
1234 Street, Suite 200
City, State, Zip Code
ATTEST:
By: ____________________________ By: ____________________________
SEAL: ________________________________________
Contractor
ATTEST:
By: ____________________________ By: ____________________________
Corporate Secretary
FEI/SS Number _______________________
****** END OF SECTION 00006—CONTRACT *****
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SECTION 00007—AFFIDAVIT
(The successful bidder must submit this affidavit with the contract)
STATE OF _____________________)
COUNTY OF ____________________)
The undersigned, of lawful age, being first duly sworn upon oath, deposes and
states that I am the duly authorized agent of the contractor under the contract
which is attached to this statement, for the purpose of certifying the facts pertaining to the giving of things of value to government personnel in order to procure said contract; that I am fully aware of the facts and circumstances surrounding the making of the contract to which this statement is attached and have
been personally and directly involved in the proceedings leading to the procurement of said contract; and that neither the contractor nor anyone subject to the
contractor’s direction or control has paid, given or donated or agreed to pay, give
or donate to any officer or employee of this State any money or other thing of
value, either directly or indirectly, in the procuring of the contract to which this
statement is attached.
NAME OF CONTRACTOR: ___________________________________
___________________________________
Affiant and Agent of Contractor
Title: _______________________________
Subscribed and sworn to before me this _____ day of _____________ 20_____.
My commission expires:
_________________________________
Notary Public
****** END OF SECTION 00007—AFFIDAVIT *****
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SECTION 00008—PERFORMANCE PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we (1) ______________________________________________________
a (2) ____________________________________ hereinafter called “Principal”
and (3) _______________________________ of ________________________
State of ___________________, and authorized to transact business in this State
hereinafter called the “Surety” are held firmly bound unto The Board of Regents
for the Agricultural and Mechanical Colleges Acting for and on Behalf of
OWNER, in the penal sum of __________ Dollars ($____________________)
in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that: WHEREAS, the
Principal entered into a certain contract with the Owner, dated the ______ day
of _____________________, 20_____ a copy of which is hereto attached and
made a part hereof, for the construction of:
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
NOW THEREFORE, if the Contractor shall promptly and faithfully perform
said contract in accordance with the plans, specifications, and other construction
documents furnished by the Owner, then this obligation shall be null and void;
otherwise, it shall remain in full force and effect.
Surety hereby waives notice of any alteration or extension of time made by
Owner.
Whenever Contractor shall be, and declared by Owner to be in default under
the contract, Owner having performed Owner’s obligations thereunder, Surety
may promptly remedy the default or shall promptly complete the contract in
accordance with its terms and conditions or, at the option of the owner, obtain a
bid or bids for submission to Owner for completing the Contract in accordance
with its terms and conditions, and upon determination by Owner and Surety of
the Lowest responsible bidder, arrange for a contract between such bidder and
Owner, and make available as work progresses (even though there should be a
default or a succession of defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less
the balance of the contract price; but not exceeding, including other costs and
damages for which Surety may be liable hereunder, the amount set forth in first
paragraph hereof. The term “Balance of the contract price”, as used in this paragraph shall mean the total amount payable by Owner to Contractor under the
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Contract and any amendments thereto, less the amount properly paid by Owner
to Contractor.
Any suit under this Bond must be instituted before the expiration of three
(3) years from the date on which final payment under the contract falls due.
No right of action shall accrue on this Bond to or for the use of any person
or corporation other than the Owner named therein or the heirs, executors,
administrators or successors of Owner.
IN WITNESS OF WHEREOF, this instrument is executed in 5 counterparts,
each of which shall be deemed an original, this the _____ day of _________,
20______.
{SEAL:}
_________________________________________
Name of Principal
ATTEST:
By: ____________________________ By: ____________________________
Title: ___________________________ Title: ___________________________
****************************************************************
{SEAL:}
_________________________________________
Name of Surety
ATTEST:
By: ____________________________ By: ____________________________
Attorney-in-Fact
Title: ___________________________ Title: ___________________________
Address
SURETY CLAIMS REPRESENTATIVE
(1) Contractor
(2) Corporation, Partnership
or Individual
(3) Name of Surety
Name: ________________________
Address: ______________________
Telephone: ____________________
****** END OF SECTION 00008—PERFORMANCE BOND ******
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SECTION 00009—STATUTORY BOND
(To be used this State as required by Title 61, State Statutes, Sections 1 and 2 as
amended.)
KNOW ALL MEN BY THESE PRESENTS:
(1) _____________________________________________________________
(2) _______________________________________________, as principal, and
(3) ________________________________________________, a Corporation,
organized under the laws of the State of _____________________________and
authorized to transact business in this State, as Surety, are held firmly bound
unto the OWNER in the penal sum of ______________ Dollars ($__________)
lawful money of the United States, for the payment of which sum well and truly
be made, said Principals and Surety bind themselves, their heirs, administrators,
executors, successors and assigns, jointly and severally, by these presents.
Signed, sealed and delivered this ____ day of __________________, 20______.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT,
WHEREAS, said Principal has entered into a written contract with
OWNER dated _______________, 20_____, for the construction of or making
of the following described improvements:
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
In accordance with the detailed plans and specifications and other contract
Documents on file in the office of the ABC Design Firm.
NOW, THEREFORE, if the principal or the subcontractor or subcontractors
of said Principal, shall pay all indebtedness incurred by such Principal of the
subcontractors who perform work in the performance of such contract for labor
and materials, and repairs to and parts for equipment used and consumed in the
performance of said contract, this obligation shall be void; otherwise it shall
remain in full force and effect.
The said surety, for value received, hereby stipulates and agrees that no
change, extension of time, alterations, or additions to the terms of the contract
or to the work to be performed, thereunder or the specifications accompanying
the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the specifications.
This Bond is executed in 5 counterparts.
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{SEAL:}
_________________________________________
Name of Principal
ATTEST:
By: ____________________________ By: ____________________________
Title: ___________________________ Title: ___________________________
****************************************************************
{SEAL:}
_________________________________________
Name of Surety
ATTEST:
By: ____________________________ By: ____________________________
Attorney-in-Fact
Title: ___________________________
____________________________
Address
SURETY CLAIMS REPRESENTATIVE
Name: ________________________
Address: ______________________
Telephone: ____________________
NOTE: Date of Bond must not be prior to the date of Contract.
NOTE: If Contractor is partnership, all partners should execute the Bond.
(1)
(2)
(3)
(4)
Name of Contractor.
Corporation, Partnership, or Individual.
Name of Surety.
Full amount of Contract.
****** END OF SECTION 00009—STATUTORY BOND *****
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SECTION 00010—WARRANTY BOND
KNOW ALL MEN BY THESE PRESENTS, that on this ____________ day of
_______________, 20____,
we as principal, and ____________________________________, authorized to
transact business in this State, as Surety, are held and firmly bound unto the
OWNER in the full and just sum of the full contract price of
________________________________________ Dollars ($_______________)
for payment of which, well and truly to be made, we and each of us, bind ourselves, our heirs, executors and assigns, themselves, and its successors and
assigns, jointly and severally, firmly by these presents, as follows:
WHEREAS, the conditions of this obligation are such that said principal
has, by a certain contract between ___________________________ and the
OWNER, dated the ______ day of ___________________, A.D., 20_____
agreed to construct MAINTENANCE FACILITY PROJECT, located at
1234 Street, City, State.
AND WHEREAS, Principal and Surety agree to correct any defects in
workmanship or materials appearing during a period of one (1) year from
the date of acceptance of the project as complete by the OWNER.
NOW THEREFORE, said _____________________________________,
Principal, agrees for a period of one (1) calendar year from and after completion of said project and acceptance by OWNER to perform all acts necessary to correct any and all defects appearing in workmanship and materials and to bear the costs of all labor and materials, including the prime
contractor and all subcontractors, which may develop during the term of this
bond.
IT IS FURTHER AGREED that if said Principal and/or Surety shall fail to
correct defects which may develop due to faulty workmanship and/or materials,
then the cost of said corrective work shall be determined by OWNER, and if,
upon thirty (30) days notice to Principal and Surety of said amount so ascertained, the necessary corrections are not made, the said amount shall become
due and payable to the OWNER and suits may be maintained in any Court of
competent jurisdiction to recover the amount so determined, together with court
costs and reasonable attorney fees.
The amount so determined shall be conclusive upon the parties as to the
amount due on this bond for the corrections included therein. The cost of all corrections shall be so determined from time to time during the life of this bond, as
the condition of the improvements may require.
This obligation is for a period of one (1) year from the date of acceptance of
improvements.
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SIGNED, SEALED AND DELIVERED the day and year first above written.
{SEAL:}
_________________________________________
Name of Principal
ATTEST:
By: ____________________________ By: ____________________________
Title: ___________________________ Title: ___________________________
****************************************************************
{SEAL:}
_________________________________________
Name of Surety
ATTEST:
By: ____________________________ By: ____________________________
Attorney-in-Fact
Title: ___________________________
____________________________
Address
SURETY CLAIMS REPRESENTATIVE
Name: ________________________
Address: ______________________
Telephone: ____________________
****** END OF SECTION 00010—Warranty Bond *****
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SECTION 00011—RELEASE OF LIENS AFFIDAVIT
(Attach to FINAL Application and Certificate for Payment)
STATE OF
____________________)
COUNTY OF
____________________)
_________________________ of lawful age, being first duly sworn upon his
oath, deposes and says:
That he is the _________________ of the __________________________,
a corporation organized and existing under the laws of the State of
_____________________________; that he makes this Affidavit for and on
behalf of said corporation; and, that he has authority from the corporation to
make this Affidavit.
That the corporation named herein is the same corporation that entered into
an Agreement with OWNER on the _________ day of ________________,
20______, for:
MAINTENANCE FACILITY PROJECT
1234 STREET
CITY, STATE
That the said corporation has completed the work set forth in said agreement; and that in accordance with said agreement, affiant further says under oath
that there are no existing claims, judgements or liens, outstanding for labor
and/or materials furnished under said agreement and that all persons, firms or
corporations who have performed work or furnished materials under this agreement have been fully paid. Further affiant sayeth not.
___________________________________
Affiant
Subscribed and sworn to before me this _____ day of _____________ 20_____.
My commission expires:
_________________________________
Notary Public
****** END OF SECTION 00011—RELEASE OF LIENS AFFIDAVIT ***
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SECTION 00012—CERTIFICATE OF APPROVAL
(Attach to FINAL Application and Certificate for Payment)
The ______________________________________________ Surety Company,
hereby certifies through its constituted Attorney-in-Fact, __________________,
that it has seen the attached Affidavit of _______________________, a corporation, sworn to on the ____ day of ____________________, 20______, stating
that there were no existing claims, judgements or liens outstanding against said
corporation for labor and/or materials furnished under its agreement with the
OWNER and that all persons, firms or corporations who have performed work
or furnished materials under said agreement have been fully paid; and furthermore, approved and becomes legally bound to said Board of Regents under the
terms of its surety bond agreement with the Board, by virtue of the execution of
said Affidavit without qualification, condition or exception.
Further, it consents that the said OWNER shall make its final payment
under the above mentioned agreement to said corporation upon the showing of
such affidavit.
___________________________________
Surety Company
___________________________________
Attorney-in-Fact
Dated this _______ day of _______________, 20 ______.
(SEAL)
****** END OF SECTION 00012—CERTIFICATE OF APPROVAL *****
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SECTION 00013—GENERAL CONDITIONS
The provisions of AIA Document A201, GENERAL CONDITIONS OF THE
CONTRACT FOR CONSTRUCTION, Fourteenth Edition, 1987, shall apply to
this project, except as hereinafter amended or altered. Copies of this document
are available for inspection in the ABC Design Firm office.
****** END OF SECTION 00013—GENERAL CONDITIONS *****
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SECTION 00014 – SUPPLEMENTARY CONDITIONS
The following supplements modify the “General Conditions of the Contract for
Construction,” AIA Document A201, Fourteenth Edition, 1987. Where a portion
of the General Conditions is modified or deleted by these Supplementary
Conditions, the unaltered portions of the General Conditions shall remain in effect.
REFER ARTICLE 1:
Add the following to subparagraph 1.1.1:
ENUMERATION OF DRAWINGS, SPECIFICATIONS AND ADDENDA
Following are the Drawings and Specifications, which form a part of this contract:
Drawings:
Cover
C1 Site Plan
A1 Floor Plan
A2 Interior Elevations
A3 Exterior Elevations
A4 Building Sections
A5 Building Sections
A6 Foundation Plan
P1 Plumbing Plan
M1 HVAC Plan
E1 Electrical Power Plan
E2 Electrical Lighting Plan
Contract Documents:
Index to Specifications
Advertisement for Bids
Instructions to Bidders
Bid Form
Affidavit of Nondiscrimination, Nonsegregated Facilities, Noncollusion, and
Business Relationships
Bid Bond
Contract
Affidavit
Performance Payment Bond
Statutory Bond
Warranty Bond
Release of Liens Affidavit
Certificate of Approval
AIA General Conditions
Supplementary Conditions (where applicable)
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Specifications:
Divisions 1–16, Sections as indicated on the Index.
Addenda:
All Addenda issued before Bid Opening also form a part of the contract.
Add the following sub-subparagraph 1.2.3.1:
In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the following priorities:
1. The Agreement.
2. Addenda, with those of later date having precedence over those of earlier
date.
3. The Supplementary Conditions.
4. The General Conditions of the Contract for Construction.
5. Drawings and Specifications.
In the case of an inconsistency between Drawings and Specifications or within
either Document not clarified by addendum, the better quality of greater quantity of Work shall be provided in accordance with the Architect’s interpretation.
REFER ARTICLE 2:
Add the following to subparagraph 2.1.1:
The term Owner as used in the following specifications and the contract documents shall be construed to mean OWNER.
Omit subparagraphs 2.1.2 and 2.2.1 in their entireties.
Subparagraph 2.2.5 is hereby modified as follows:
The Contractor will be furnished, free of charge, 10 copies of the drawings and
specifications for the execution of the work.
REFER ARTICLE 3:
Add the following to subparagraph 3.3.1:
No work shall be done for any trade during “off hours,” weekends, or any other
time aside from the Owner’s normal working hours, unless the Contractor’s
Superintendent is present, and unless express permission is obtained from the
Owner for accomplishing such work.
Add the following to subparagraph 3.6.1:
TAXES:
All sales taxes and any other Municipal, State and Federal taxes applicable to
this work shall be paid by the Contractor. An exemption may be obtained from
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state and municipal sales tax on purchases of tangible personal property which
is incorporated into and becomes a part of the project and where title thereto
passes directly from the vendor to the Owner. If a Contractor desires to endeavor
to take advantage of this sales tax relief, the Owner will designate the Contractor
as an agent of the Owner for the purpose of purchasing tangible personal property. This agency will be created for the sole and exclusive purpose of avoiding
sales tax and will contain a provision stating that it is so limited and that the
Owner is not responsible to the vendor or any other person dealing with the designated agent for the payment of the purchase price. Furthermore, said agency
shall not be deemed to apply to minor isolated sales, purchases of small or random items, or to property used only incidentally in connection with the project.
Add the following to subparagraph 3.7.1:
A building permit will not be required if building constructed on State property.
Subparagraph 3.17.1 is hereby modified as follows:
The Contractor shall acquire all necessary licenses and pay all necessary royalties and license fees and shall defend all suits or claims for infringement of any
patent rights and shall indemnify and save the Owner harmless from all loss on
account thereof whether or not such suits, claims, or losses arise from the specification by the Owner of a particular design, process, or the product of a particular manufacturer or manufacturers.
REFER ARTICLE 4:
Add the following to subparagraph 4.1.1:
The term Architect, as used on the contract documents, shall be construed to be
ABC Design Firm, who have prepared the plans and specifications and who will
review the work.
Omit subparagraph 4.1.4 in its entirety.
Subparagraphs 4.3.2, 4.3.4, 4.4.4 are hereby modified as follows:
Omit “arbitration” from these subparagraphs.
Subparagraph 4.3.7 is hereby modified as follows:
Omit “(2) an order by the Owner to stop the Work where the Contractor was not
at fault,” “(4) failure of payment by the Owner, (5) termination of the Contract
by the Owner, (6) Owner’s suspension,” from this subparagraph and add “as
determined by the Owner” after “reasonable grounds.”
Subparagraph 4.3.8.1 is hereby modified as follows:
Omit “of cost and” from this subparagraph and add the following:
“Requests for time extensions shall be submitted with each request for progress
payment and shall cover the same time period as the Application for Payment.
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Failure to submit such request waives Contractor’s right to claim time extensions for that designated period.
It is agreed that the Owner’s liability for delay or any cost incurred therefrom is limited to granting a time extension to the Contractor, and there is no
other obligation expressed or implied on the part of the Owner to the Contractor
for the delay or any cost incurred therefrom.
Time extension requests may not be acted upon until substantial completion
of the project has been reached as defined in Article 9.8 of the General
Conditions.
The maximum extension of time granted will not exceed the total requested.
The Owner reserves the right to approve or disapprove with cause such
requested extensions.”
Omit subparagraph 4.3.8.2 and replace with the following:
No extension of time for completion of the work will be granted on account of
weather during the contract time.
Omit Paragraph 4.5 in its entirety.
REFER ARTICLE 7:
Delete subparagraph 7.2.2 and replace with the following:
7.2.2 When the need for a change order has been justified, the Architect will
send the Contractor drawings, descriptions, and specifications which will define
the proposed changes. The Contractor shall then establish a cost for accomplishing the changes and shall notify the Architect in writing of the amount on
forms furnished by the Architect. The amount shall then be reviewed. If a decision is reached agreeing to pursue the changes for the established amount, then
the Architect will request approval from the Owner. Upon approval of the
changes by the Owner a Formal Change Order will be prepared and issued to the
Contractor for the stated amount. Processing time for change orders normally
requires several weeks from the time the Contractor’s estimate is received by the
Architect until issuance of formal change order. Processing change orders of a
critical nature may be expedited with permission of the Owner. Section 121 of
the STATE Public Competitive Bidding Act of 1974, as amended provides that
all change orders shall contain a unit price and total for each of the following
items:
a. All material with cost per item.
b. Itemization of all labor with number of hours per operation and cost per hour.
c. Itemization of all equipment with the type of equipment, number of each
type, cost per hour for each type, and number of hours of actual operation
for each type.
d. Itemization of insurance cost, bond cost, social security, taxes, workers
compensation, and overhead cost.
e. Profit for the contractor.
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Individual Change Orders less than $10,000 may be based on an acceptable unit
price basis in lieu of the itemization as listed above.
Accordingly, we must request that the foregoing information be provided as
an attachment to the change order proposal request.
REFER ARTICLE 8:
Subparagraph 8.3.1 is hereby modified as follows:
Omit “or by delay authorized by the Owner pending arbitration,” from this subparagraph.
Omit subparagraph 8.3.3 in its entirety.
REFER ARTICLE 9:
Subparagraph 9.2.1 is hereby modified as follows:
Delete “Before the first application for payment” and replace with “Immediately
after formal award of Contract.”
Omit subparagraph 9.3.1 and replace with the following:
9.3.1 Applications for monthly progress payments shall be executed on AIA
forms G702 and G703. The cost breakdown shall be itemized in a schedule of
values as approved by the Architect. Submit seven (7) copies of Payment
Request including the signed and notarized original.
Applications shall be reviewed by the Architect. If approved, they will be
forwarded to the appropriate office of the institution of record. If not approved,
it will be returned to the Contractor for revisions as noted. Application will then
be reviewed by the appropriate State agency for disbursement of funds. Approximately three weeks are required for processing of a properly prepared application. All stored materials must be on the project site to be certified for payment.
Omit subparagraph 9.6.1 and replace with the following:
9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall
make monthly progress payments amounting to ninety percent (90%) of the portion of the contract sum properly allocable to labor, materials and equipment
incorporated into the work or suitably stored at the site or at some other location
agreed upon in writing by the parties up to five days prior to the date on which
the application for payment is submitted, less the aggregate of all payments in
each case. Provided, however, that at any time the Contractor has completed in
excess of fifty percent (50%) of the total contract amount, the retainage may be
reduced to five percent (5%) of the amount earned to date. Provided further,
however, that the Owner or the Owner’s duly authorized representative has determined that satisfactory progress is being made and upon approval by the Surety.
The Contractor may, from time to time, withdraw any part, or the whole, of
the amount which has been retained from partial payments upon depositing with
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or delivery to the Owner of (1) United States Treasury bonds, United States
Treasury notes, United States Treasury bills, or (2) general obligation bonds of
this State, or (3) certificates of deposit from a state or national bank having its
principal office in this State. The withdrawal of such retainage shall be accomplished in accordance with procedures established by the business office of the
Owner and Section 113.2 of this State’s Competitive Bidding Act of 19XX, as
amended.
Add the following to subparagraph 9.9.1:
If such use prior to the Contract time for completion increases the cost of the
work or delays its completion, the contractor shall be entitled to extra compensation or extension of time, or both provided that the contractor shall notify the
Owner of the potential for extra cost and time extension upon giving written
consent for such use.
The Contractor’s claim for such extra compensation shall be in writing, with
vouchers and other supporting data attached.
After the Contract time for completion has expired, the Contractor shall not
be entitled to extra compensation or extension of time due to such use, neither
shall the amount of the liquidated damages, if required by these documents, be
reduced because of partial use or occupancy.
Add the following to subparagraph 9.10.1:
The following items must be received before final payment will be processed:
a.
b.
c.
d.
e.
f.
Monthly Progress Payment Application,
Affidavit (Release of Liens, Judgements, Etc.),
Certificate of Approval (Surety),
As-Builts,
Operating, Maintenance, and Instruction Manuals,
Warranties, Bond, and Guarantees.
REFER ARTICLE 10:
Subparagraph 10.1.2 is hereby modified as follows:
Omit the portion of the last sentence beginning with . . . “or in accordance with”
. . . and ending with . . . “under Article 4.”
Omit subparagraph 10.1.4 in its entirety.
REFER ARTICLE 11:
Add the following to Article 11:
“The Contractor shall not commence any work under this contract until he has
obtained all the insurance required under this paragraph and such insurance has
been approved by the Owner, nor shall the Contractor allow any subcontractor
to commence work on his subcontract until the insurance required of the subcontractor has been obtained and approved.”
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Add the following to subparagraph 11.1.2:
“The Contractor shall procure and shall maintain during the life of this contract,
Public Liability Insurance, Property Damage Insurance, and Vehicle Liability
Insurance, in the amounts of not less than $100,000 for injuries, including accidental death, to any one person and in an amount of not less than $500,000 for
each accident. Limits of Liability for Contractor’s Property Damage Insurance
shall not be for less than $100,000 each occurrence. Workers’ Compensation
and Employer’s Liability Insurance limits of liability shall be as established by
Oklahoma Statutes.”
Modify paragraph 11.2 as follows:
“The Contractor shall name the Owner and the Architect as additional insured
under said Public Liability Insurance as specified in subparagraph 11.1.2. above.
This insurance shall protect the Owner and the Architect from claims arising
from operations under this contract.”
Modify paragraph 11.3 as follows:
“The Contractor shall purchase the property insurance in lieu of the Owner. At
the option of the Contractor, this insurance may be All-Risk type of insurance
policy.” This insurance shall cover the entire work at the site equal to the full
contract amount.
Modify subparagraph 11.3.9 as follows:
Delete the phrase beginning with “or in accordance with” and ending with “as
provided in paragraph 4.5.”
Modify subparagraph 11.3.10 as follows:
Delete the portion of the subparagraph beginning with “if such objection” and
ending with “as provided in Paragraph 4.5.”
Omit subparagraph 11.4 and replace with the following:
11.4.1 The Contractor to whom this work is awarded will be required to furnish
a Performance Payment Bond and Statutory Bond each in the Principal sum of
the contract. These bonds to be payable to OWNER and shall be executed on
forms adopted by the Owner which are a part of the contract documents. The
surety company executing these bonds shall be one that is authorized to do business in this State, and shall be subject to the approval of the Owner.
REFER ARTICLE 12:
Add the following to subparagraph 12.2.2:
The Contractor to whom this work is awarded will be required to furnish a
Warranty Bond in the Principal sum of the contract. This bond to be payable to
OWNER and shall be executed on a form adopted by the Owner which is a part
of the contract documents. The surety company executing this bond shall be one
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that is authorized to do business in this State, and shall be subject to the approval
of the Owner.
The Contractor does hereby warrant and/or guarantee against and shall remedy any defect due to faulty materials or workmanship and shall pay for any
damages to other work resulting therefrom, which may appear within a period
of one (1) year from the date of Substantial Completion of the project.
Supplemental, special and extended warranties or guarantees which are also
required are indicated in the various Sections of the Specifications.
REFER ARTICLE 13:
Delete subparagraph 13.6.1 and replace with the following:
13.6.1 Interest shall only be paid according to Section 113.3 of this State’s
Public Competitive Bidding Act of 19XX, as amended.
Delete paragraph 13.7 in its entirety.
Add the following paragraph 13.8:
13.8 STATUTORY AND REGULATION COMPLIANCE
13.8.1 COMPLIANCE WITH TITLE 68, STATE STATUTES, Section
1701 et. seq.:
All contractors and subcontractors shall comply with all requirements of Title
68, State Statutes, Section 1701 et. seq. A copy of this document is on file in the
Owner’s office, for any contractor wishing to check same.
13.8.2 BUY IN THIS STATE AND THE U. S. A.:
It is the policy of this State, as expressed by the Legislature in Title YY, State
Statutes, Sections 9 and 10, to “Buy in this State;” which means preference shall
be given to this state’s labor, equipment, materials and products produced and/or
manufactured in this State, when quality and quantity are available and the price
thereof is equal to or less than that of such labor, materials, and products available from other sources. Also, preference shall be given to materials and equipment produced and/or manufactured in the United States of America. Foreign
made items shall not be incorporated in the finished work unless approval
thereof is obtained from the Owner.
13.8.3 EMPLOYMENT LAWS COMPLIANCE:
The Contractor shall comply with all pertinent federal laws, regulations, and
executive orders as well as state laws, pertaining to employment practices as
delineated in his bid certificate on this subject.
13.8.4 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
(OSHA):
The contractor shall comply with the latest edition and revisions of the Federal
Occupational Safety and Health Act of 1970 for construction.
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13.8.5 BIDDING ACT:
The Contractor shall comply with all provisions of the “Public Competitive
Bidding Act of 1974” of Title 61, State Statutes, Sections 101 et. seq. and the
amendments thereto.
13.8.6 HAZCOM:
The contractor shall comply with all the requirements of the STATE Hazard
Communications Standard and 29 CFR (1910.1200) and OWNER Policy and
Procedures.
REFER ARTICLE 14:
Add the following to subparagraph 14.2.1:
14.2.1.5 is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency.
***** END OF SECTION 00014—SUPPLEMENTARY CONDITIONS *****