DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
DIVISION 0
BIDDING AND CONTRACT
REQUIREMENTS
Division 0 of the Carnegie Mellon University Design and Construction Standards Manual
addresses the following bidding and contract requirements relating to University projects.
00005
00010
00100
00300
00500
00600
00700
00800
00900
00950
INTRODUCTION
INVITATION TO BID
INSTRUCTIONS TO BIDDERS
PROPOSAL FORM
OWNER-CONTRACTOR AGREEMENT FORM
BONDS AND CERTIFICATIONS
GENERAL CONDITIONS OF THE CONTRACT
SUPPLEMENTS TO THE GENERAL CONDITIONS (RIDER)
ADDENDA AND MODIFICATIONS
CONTRACTOR NEGOTIATIONS
APPENDICES
0-1
INVITATION TO BID
0-2
PROPOSAL FORM
0-3
NON-LIEN AGREEMENT
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
00005 INTRODUCTION
This division defines the requirements of the bidding phase and serves as the preamble to,
and a part of, the Contract specifications.
In the bid documents and Contract documents, the terms “Owner” and “University” shall
mean Carnegie Mellon University.
00010 INVITATION TO BID
The Design Consultant shall coordinate the preparations of the Invitation to Bid with the
University Project Manager. Appendix 0-1 contains the Invitation to Bid form.
00100 INSTRUCTIONS TO BIDDERS
The Instructions to Bidders will contain: definitions of bid terms, bidders’
representations, bidding procedures, examination of bidding documents, substitutions,
qualifications of bidders, rejection of bids, and submission of bid information, including
performance of payment bonds when required. AIA Document 701 will be used but may
be modified or supplemented as necessary for a specific project.
00300 PROPOSAL FORM
Appendix 0-2 contains the complete Proposal Form to be used by the bidding Contractors
for University projects.
00500 OWNER-CONTRACTOR AGREEMENT FORM
The proposed Owner-Contractor Agreement Form shall be included in the bid documents
to ensure that all Contract requirements are available to the bidders. AIA Document A101
shall be used on complex projects with a lump sum Contract. AIA Document A107 shall
be used for most moderate and all minor projects.
00600 BONDS AND CERTIFICATIONS
The following bonds are not required by the University on most projects. The Design
Consultant shall review this requirement with the University Project Manager.
• Bid Bond, AIA Document A310 (latest edition)
• Performance Bond, AIA Document A312 (latest edition)
• Labor and Material Payment Bond, AIA Document A312 (latest edition)
A Non-Lien Contract Stipulation shall be executed by the Contractor and filed by the
University. Appendix 0-3 is a copy of the P.O. Naly Co. Form No. 145 N, Non-Lien
Agreement.
December 1998
P.0-3
DIVISION 0
DESIGN AND CONSTRUCTION STANDARDS
BIDDING AND CONTRACT REQUIREMENTS
FACILITIES MANAGEMENT SERVICES
00700 GENERAL CONDITIONS OF THE CONTRACT
The latest version of AIA Document A201, General Conditions of the Contract for
Construction (hereinafter referred to as “the General Conditions”) shall be included in the
bid documents in order to establish a common basis for the primary and secondary
relationships on a typical construction project.
00800 SUPPLEMENTS TO THE GENERAL CONDITIONS (RIDER)
The following additional supplements modify, change, delete, or add to the General
Conditions. Where any part of the General Conditions is modified or voided by these
articles, the unaltered provisions of that part shall remain in effect. All “rider”
modifications shall be noted on AIA Document A201 for easy reference. Note that in the
modifications to AIA Document A201, the term “Architect” is used for consistency with
the original AIA document.
ARTICLE 1 GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
The following language shall be added to subparagraph 1.1.6:
Generally, the specifications describe work that cannot be readily indicated on the
drawings as well as the types, qualities, and methods of installation of the various
materials and equipment required for the work. The specifications are not intended to
mention every item of work that can be adequately shown on the drawings. Likewise,
the drawings are not intended to show all items of work described or required by the
specifications, even if they could have been shown. All materials or labor for work
that is shown on the drawings or is reasonably inferable as being necessary to
produce a finished and complete job and/or system shall be provided by the
respective trade contractors, whether or not the work is expressly covered in the
specifications and drawings.
1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
The following subparagraph 1.2.4 shall be added:
1.2.4 The specifications are separated into titled sections for convenience only and
to dictate or determine the trade or craft involved. Such separations shall not operate
as, or indicate the Architect as, an arbiter for the division of responsibility between
subcontractors.
The following subparagraph 1.2.5 shall be added:
1.2.5 Where “as shown,” “as indicated,” “as detailed,” or words of similar
meaning are used, reference is made to the drawings accompanying the specifications
unless otherwise stated. Where “as directed,” “as required,” “as permitted,” “as
authorized,” or words of similar meaning are used, the direction, requirement,
P. 0-4
December 1998
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
permission, authorization, approval, acceptance or selection by the Architect is
intended unless otherwise stated.
“Provide” shall mean “provide complete in place,” that is, furnished and installed
and ready for operation or use.
The following subparagraph 1.2.6 shall be added:
1.2.6 Any reference to standard specifications of any society, institution,
association, or governmental authority is a reference to the standard specifications of
such organization that are in effect at the date of the trade Contract award. If such
specifications are revised prior to completion of any part of the work to which any
such revisions would pertain, the trade contractor may, if acceptable to the Architect
and the University, perform such work in accordance with the revised specifications.
The following subparagraph 1.2.7 shall be added:
1.2.7 In the event there is a discrepancy between the various Contract documents,
the trade Contract shall control. If the difference is between the requirements of the
drawings or specifications or the difference within the drawings or the specifications
themselves, then such difference shall be submitted to the Architect, and the
Architect shall decide which of the conflicting requirements shall govern. The trade
contractor doing such work shall perform the work in accordance with such decision
and without any change in the Contract Price. Any conflict thereafter shall be
resolved by the Architect in the manner most favorable to the best interests of both
the University and the Contractor.
The following subparagraph 1.2.8 shall be added:
1.2.8 The General Conditions and all other Contract documents are a part of each
and every section of the specifications.
ARTICLE 3 CONTRACTOR
3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES
The following paragraphs shall be added to subparagraph 3.10.1:
The trade contractors shall impose sufficient force so as not delay the work on the
project. If the Architect and the University deem necessary, they may direct the
Contractor to work overtime and if so directed the Contractor shall work said
overtime. Provided that the Contractor is not in default under any of the terms or
provisions of the Contract or of any of the other Contract documents, the University
will pay the Contractor for such actual additional wages paid, if any, at the legal rates
applicable plus taxes imposed by law on such additional wages plus worker’s
compensation insurance. The Contractor shall pay liability insurance and levies on
such additional wages.
If, however, the progress of the work or of the project is delayed by any fault of
neglect or act of the Contractor or any of its officers, agents, servants or employees,
December 1998
P. 0-5
DIVISION 0
DESIGN AND CONSTRUCTION STANDARDS
BIDDING AND CONTRACT REQUIREMENTS
FACILITIES MANAGEMENT SERVICES
then the Contractor shall, in addition to all of the other obligations imposed by the
Contract upon the Contractor in such case, at its own cost and expense, work such
overtime as may be necessary to make up for all time lost and to avoid delay in the
completion of the work and of the project.
The Contractors will not be entitled to additional compensation for work performed
outside of regular working hours, except as otherwise expressly stated in writing by
the University. Such compensation shall cover only the direct cost of the premium
portion of the time involved, exclusive of overhead and profit.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
10.2 SAFETY OF PERSONS AND PROPERTY
The following subparagraph 10.2.8 shall be added:
10.2.8 Each trade contractor shall cooperate with the other trade contractors and
with the Contractor in compliance with OSHA regulations, including as may be
relevant: appealing decisions; performing corrective work on its portion of the work
within the period of a “temporary order” when work has been done by other trade
contractors; and furnishing such supporting information or materials as may be
necessary to fully protect the rights of the University, the Contractor, and other trade
contractors on pending or prospective violation orders.
The following subparagraph 10.2.9 shall be added:
10.2.9 The Contractor has responsibility to the University for establishing,
maintaining, and supervising the safety and loss prevention programs covering all
work performed by the trade contractor and subcontractors, provided that such does
not relieve the trade contractor or the trade contractor’s subcontractors from
responsibility for the same. The Contractor and each trade contractor shall designate
a responsible member of its organization whose duties shall include loss and accident
prevention and who shall have the responsibility and full authority to enforce the
program for its organization. Such person shall be the superintendent of the trade
contractor unless otherwise designated in writing to the Architect and the University.
The general superintendent shall hold meetings with the representatives of the
various trades employed to ensure that all employees understand and comply with the
programs.
The following subparagraph 10.2.10 shall be added:
10.2.10 The trade contractor must promptly report in writing to the Contractor, the
Architect, and the University all accidents arising out of or in connection with the
performance of the work, whether on or off the site, that caused death, personal
injury, or property damage, giving full details and statements of witnesses. In
addition, if death, serious injury, or serious damage is alleged, the accident shall be
reported immediately by telephone or messenger. If any claim is made by anyone
against the Architect or the University or any trade contractor as a result of any
P. 0-6
December 1998
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
accident, the Contractor shall promptly report the facts in writing to the Architect and
the University, giving full details of the claim.
The following subparagraph 10.2.11 shall be added:
10.2.11 The Contractor shall provide at the site first-aid supplies for minor injuries.
The Contractor’s superintendent will make a written report of each injury.
ARTICLE 11 INSURANCE AND BONDS
11.1 CONTRACTOR’S LIABILITY INSURANCE
The following language shall be added to subparagraph 11.1.2:
Worker’s Compensation and Employer’s Insurance Requirements
In the performance of this work, the Contractor agrees to carry statutory Worker’s
Compensation Insurance in full compliance with the Worker’s Compensation and
Occupational Disease Act for the state in which the work is performed; and to carry
Employer’s Liability Insurance with a limit of liability of not less than
$100,000/$500,000/$100,000 ($100,000 each employee disease limit/$500,000
disease policy limit/$100,000 each employee accidental limit).
General Liability Requirements
A. The Contractor shall carry either of the following coverages:
Comprehensive General Liability occurrence policy not less than $1,000,000 per
occurrence/$2,000,000 aggregate, combined single-limit bodily injury and property
damage and the following coverages:
• Premises/operations
• Products/completed operations
• Contractual liability
• Independent contractors
• Broad form
• XCU Liability Insurance (X [explosion], C [collapse], U [underground]), where
necessary
1986 Commercial General Liability new occurrence policy, $1,000,000 per
occurrence, a general aggregate of $2,000,000, a Products/Completed Operations
aggregate of $2,000,000. Coverage must be based on an occurrence trigger.
Protective coverage of the University and Contractor may be required for certain
jobs.
OR
B. Commercial General Liability new claims made policy—only under written
approval from the University Risk Management Office.
December 1998
P. 0-7
DIVISION 0
DESIGN AND CONSTRUCTION STANDARDS
BIDDING AND CONTRACT REQUIREMENTS
FACILITIES MANAGEMENT SERVICES
Limits not less than $1,000,000 per occurrence, a general aggregate of
$2,000,000, a products/completed operations aggregate of $2,000,000. Protective
coverage of the University and Contractor may be required for certain jobs.
The retroactive date must be prior to, or congruent with, the inception date of the
Contract. The retroactive date may not be advanced without the prior written
approval of the University Risk Management Office. The retroactive date must
be specified on the Certificate of Insurance.
An extended Report Endorsement CG 27 01 must be requested in writing and
obtained within 30 days after the policy terminates from the Contractor’s
insurance carrier. If the retroactive date remains constant, the “tail” will not be
needed unless and until coverage lapses.
The Contractor must maintain general liability insurance as indicated above and
provide satisfactory written evidence of same for a period of five years beyond
the termination, cancellation, or expiration of this Contract.
The University reserves the right to require the Contractor to hold funds in
escrow for the Extended Reporting Period Endorsement. The Contractor shall
contact the University Risk Management Office as soon as possible for a
determination. The University reserves the right to pay the premium for the
Extended Reporting Period Endorsement from the escrow if it becomes
necessary, and the University shall notify the Contractor if it chooses to exercise
this right.
Automobile Liability Requirements
The Contractor shall obtain coverage with limits of not less than $1,000,000 bodily
injury/property damage per occurrence or a combined single limit of $1,000,000 per
occurrence for the following coverages:
•
Owned automobiles, trucks, and equipment
•
Hired automobiles, trucks, and equipment
•
Non-owned automobiles, trucks, and equipment
The following language shall be added to subparagraph 11.1.4:
Additional insurance required by the University is as follows:
The Contractor shall also maintain $25,000 worth of all-risk property insurance
coverage because the University carries all-risk property insurance with a $25,000
deductible. The Contractor will, therefore, be required to cover the first $25,000 of
any all-risk property claim that may be related to the Contract.
The Contractor shall maintain umbrella liability with a $5 million limit. The
Certificate or Evidence of Insurance shall indicate that the Contractor’s policy is
primary coverage.
P. 0-8
December 1998
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
The University and affiliated entitles must be named as “Additional Insured” on all
general liability and umbrella policies.
A certificate of insurance demonstrating compliance with requirements must be filed
with the University Project Manager prior to the initiation of any work on University
property.
The University requires no less than 60 days written notice of cancellation or
material change in insurance coverage.
00900 ADDENDA AND MODIFICATIONS
During the bidding period, the prime bidders, sub-bidders, or material suppliers may raise
questions on the information contained in the bidding documents. Accordingly, the
University Project Manager may revise the bidding documents in order to clarify, correct,
or explain certain items. For complex projects, the University Project Manager shall
consult with the Design Consultant prior to making any revisions.
00950 CONTRACTOR NEGOTIATIONS
Negotiations
Negotiations are sometimes required with the low bidder regarding minor changes in the
design. However, if major changes are necessary, these may be negotiated with the
successful bidder, or the original bids may be rejected and new bids requested on the
basis of revised drawings and specifications.
Pre-Award Meeting
Prior to signing any Contract documents or issuing a purchase order, the selected
Contractor will participate in a pre-award meeting that will be led by the University
Project Manager. The intent of the meeting is to review, in its entirety, the construction
Contract requirements to ensure that the Contractor completely understands the scope of
work, schedule, payment terms, Contract changes, and all other aspects of the Contract
that will be put in place between the Contractor and the University.
December 1998
P. 0-9
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
APPENDIX 0-1: INVITATION TO BID
INVITATION TO BID
Issue Date:
____________________________
Project Title: ____________________________
Project Number: _________________________
Project Description: ____________________________________________________
_____________________________________________________________________
__________________________________________________________________________
Bid Date: _______________
Sealed written proposals will be received at:
Carnegie Mellon University
Director of Facilities Management Services
FMS Building, 3rd Floor
5000 Forbes Avenue
Pittsburgh, PA 15213
until ________ on ______________ at which time and place all proposals will be publicly
opened and read aloud.
The term ‘Optional’ as it appears below shall mean that the inclusion of that item in the
documents is at the discretion of the University Project Manager.
Documents
The Contract documents for the project, including drawings, specifications, and bidding and
Contract requirements, are on file at the office of the Design Consultant.
Copies of the Contract documents may be obtained by prospective bidders at cost from the
Carnegie Mellon preferred printing company vendor.
Bidding documents may be reviewed without charge at the Office of Facilities Management
Services, Carnegie Mellon University, Facilities Management Services (FMS) Building, 5000
Forbes Avenue, Pittsburgh, PA 15213.
Any questions pertaining to the Contract documents, specifications, and the information above
shall be directed to the University Project Manager.
Parking at the FMS Building (Bureau of Mines/Hamburg Hall parking lot) is restricted to meter
parking.
December 1998
Appendix 0-1 P. 1
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
Proposals
Proposals shall articulate all labor, materials, services, and equipment necessary to construct and
complete the work as described by the Contract documents. All proposals must be submitted on
the form attached to the Contract documents.
Proposals shall be in writing and enclosed in a sealed envelope, clearly labeled with the
following suggested information:
Project Name: ______________________________________
Bidding Firm’s Name: ________________________________
Address: __________________________________________
No proposals shall be altered or withdrawn for a period of 60 days after the scheduled closing
time for receipt of proposals.
Bid Guarantee (Optional)
Each proposal, in the Proposal Form included in the Contract documents, shall be signed, sealed,
and accompanied by a bid guarantee that shall be not less than 5% of the base bid amount and, at
the option of the bidder, shall be in the form of a certified or bank cashier’s check or a bid bond
secured by a surety company authorized to do business in Pennsylvania. The certified or bank
cashier’s check shall be made payable to, and any surety shall be made for the benefit of, the
Owner, Carnegie Mellon University. The bid guarantee is to ensure the execution of the Contract
and the furnishing of performance and payment bonds by the successful bidder, all as required by
the project specifications.
Performance Bond, Labor and Material Payment Bond, and Maintenance Bond (Optional)
The successful bidder shall furnish a corporate surety bond in an amount equal to 100% of the
Contract payment amount, as security for the faithful performance of the Contract. The
successful bidder shall also furnish a separate corporate surety bond in an amount equal to 100%
of the Contract amount, as security for the payment of all persons performing labor and
furnishing materials in connection with the work of the Contract.
In addition to the above, the successful bidder shall furnish a maintenance bond in the sum of
100% of the Contract payment amount on the completed work. These bonds shall be for the
benefit of the University and any banking institution advancing funds to the University for the
work under the particular Contract. The maintenance bond shall be in effect upon final
completion of the project and before the surety bond is released.
The successful bidder shall, within 10 days after requested to do so by the University, and before
commencing any work at the site, furnish the above bonds and any insurance certificate required.
The Contract for the work is expressly conditioned upon receipt by the University of such bonds
and insurance certificates. Each such bond shall be in the appropriate form, in accordance with
local law. Each bond shall be included in the Contract documents and shall bear a date the same
as or subsequent to the date of the Contract.
Non-Lien Stipulation
This Contract is a Non-Lien Contract. The successful bidder shall execute and the University
shall file a Non-Lien Contract Stipulation before commencing any work at the building site.
(Appendix 0-3 shows the Non-Lien Agreement Form.)
Appendix 0-1 P. 2
December 1998
DESIGN AND CONSTRUCTION STANDARDS
DIVISION 0
FACILITIES MANAGEMENT SERVICES
BIDDING AND CONTRACT REQUIREMENTS
Time of Performance
The Contract shall be completed within
Contract.
calendar months following the date of the
Project Schedule
The Contractor shall submit in writing two copies of a proposed Project Schedule to the Design
Consultant within 10 days of the date of the Contract and prior to the start of work on the site.
As a minimum, the proposed Project Schedule shall include the following for all work of the
project:
•
•
•
•
Activity description
Activity location
Earliest start date
Latest completion date
Liquidated Damages (Optional)
Failure by the Contractor to fully complete the whole of the work in the Contract within the time
named and limited, will inflict loss upon the University. Owing to the difficulty or impossibility
of ascertaining and fixing the said loss, an amount of $500 a day (which is considered equal to
the total daily expenses of inspection and supervision that the University provides for each
calendar day after the said completion date) shall be fixed and determined by the University and
Contractor as the loss that the University will suffer by said failure and delay of completion, as
liquidated damages and not as a penalty. The Contractor shall be liable for and shall pay the same
to the University prior to receiving final settlement from the University for the work detailed by
the Contract.
Requirements
The successful bidder will be required to comply with the Pennsylvania Human Relations Act
No. 222.
The successful bidder will be required to comply with the applicable provisions of federal and
state statutes, rules, and regulations dealing with the Prevention of Environmental Pollution and
the Preservation of Public Natural Resources that affect the project, said settlement of provision
being submitted pursuant to the provisions of Act No. 247 of the General Assembly of the
Commonwealth of Pennsylvania, approved October 26, 1972.
Pre-Bid Walk-Through
There will be a meeting scheduled by the University Project Manager to familiarize bidders, and
any subcontractors, with the project and the site.
Approved Contractors, Subcontractors, and Vendors
A list of approved contractors, subcontractors, and vendors will be provided by the University
Project Manager and will be attached to the Invitation to Bid.
December 1998
Appendix 0-1 P. 3
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
Award of Contract, Rejection of Bids
The Contract will be awarded to the responsible bidder submitting the successful proposal
complying with the conditions of the Contract Documents, including the Invitation to Bid,
provided the bid is reasonable and it is in the best interest of the University to accept it. The
bidder to whom the award is made will be notified of such award at the earliest practicable date.
The University, however, reserves the right to reject any and all bids and to waive any
irregularity in bids received, whenever such rejections or waiver is determined by the University
to be in its best interests.
The University also reserves the right to reject the bid of any bidder who has previously failed to
perform properly, or to complete on time, a Contract of a similar nature; or who, in the opinion
of the University, is not in a position to perform the Contract; or who has habitually and without
just cause neglected the payments of bills or otherwise disregarded obligations to subcontractors,
material and equipment suppliers, or employees. In addition to the criteria above for determining
the lowest responsible bidder, consideration will be made as to whether the bidder involved:
1. Maintains a permanent place of business.
2. Has adequate plant equipment available to do the work properly and expeditiously.
3. Has suitable financial resources to meet the obligations incident to the work.
4. Has appropriate permanent staff with the necessary technical experience.
Appendix 0-1 P. 4
December 1998
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
APPENDIX 0-2: PROPOSAL FORM
PROPOSAL FORM
Carnegie Mellon University
5000 Forbes Avenue
Pittsburgh, PA 15213
FROM: __________________________________ DATE: _______________
Proposal of: _____________________________ (Contractor)
Address: ________________________________
_____________________________
TO: Carnegie Mellon University
Director of Architectural and Engineering Services or Capital Projects
FMS Building, 3rd Floor
5000 Forbes Avenue
Pittsburgh, PA 15213
Director of ________________________:
Having carefully examined the bid documents comprising this project as prepared by Facilities
Management Services of Carnegie Mellon University (hereinafter referred to as the
“University”), including the drawings, specifications, bidding requirements, Contract forms
under which the material is to be provided and installed and all conditions affecting the
execution of the work:
A.
THE UNDERSIGNED proposes and agrees to perform the entire work in accordance with
the specification and/or drawings in a competent and workerlike manner, for the following
attached prices. The price quotations include all charges and expenses pertinent and
incidental to furnishing all supervision, labor, transportation, materials, plant facilities,
equipment, tools, and all other items necessary for the complete performance of the work as
covered by the general and technical provisions of the specifications. Price quotations also
include such items as cost of insurance, taxes, permits, profit, and overhead.
B.
THE UNDERSIGNED agrees to assist the University in sales and use tax refunds as
follows:
The Contractor shall check all materials, equipment, and labor entering into the work and
shall keep such full and detailed accounts as may be necessary for proper financial
management under this agreement, and the system shall be satisfactory to the University.
The University or its representatives shall be afforded access to all the Contractor’s records,
correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data
relating to payments of Pennsylvania sales and use tax under this Contract, and the
Contractor shall preserve all such records for a period of three years, or for such longer
period as may be required by law after the final payment.
December 1998
Appendix 0-2 P. 1
DIVISION 0
DESIGN AND CONSTRUCTION STANDARDS
BIDDING AND CONTRACT REQUIREMENTS
FACILITIES MANAGEMENT SERVICES
The Contractor hereby assigns and transfers to the University all its rights to sales and use
tax which may be refunded as a result of a claim for a refund for materials purchased in
connection with this Contract. The Contractor further agrees that it will execute any and all
additional documents necessary to implement the immediately preceding sentence, and that
it will not file a claim for refund for any sales or use tax which is the subject of this
assignment.
The Contractor agrees to include the text of the above subparagraphs in full in any contracts
with subcontractors.
C.
THE UNDERSIGNED agrees to cooperate with and coordinate work with contractors who
have work to perform under separate contract(s) with the University in the building or on
the project site before final completion.
D.
THE UNDERSIGNED acknowledges the receipt of the following addenda covering
revisions to the drawings and/or specifications:
Addenda Number
Date
_____________
_____________
_____________
_____________
_____________
______________
E.
THE UNDERSIGNED agrees to the provisions of all bid documents and to the adequacy of
said documents for bidding purposes.
F.
It is understood that the University reserves the right to accept or reject any or all proposals
or part thereof or items therein, or to negotiate with the Contractor of its choice, or choices,
and to waive any informality in the bidding. The University reserves the right to review all
subcontractors prior to award of the Contract. The bidders by filing bids, shall acquire no
rights, whatsoever, against the University. It is further understood that competency and
responsibility of bidders will receive consideration before the award of the Contract.
G.
It is further understood that this proposal shall remain in effect for a period of 60 calendar
days.
H.
Schedule
The bidder submits this proposal with the understanding that substantial completion of work
will be accomplished by ___ days from award of Contract. Time for completion of the work
shall be considered as the essence of this Contract, and shall be subject to liquidated
damages for delays and compensation for early completion as outlined below:
Liquidated damages for delays per day
Compensation for early completion per day
$________________
$________________
The liquidated damages and incentive compensation shall apply for the base bid with full
completion of the whole of the work. The Contractor shall be entitled to additional
Appendix 0-2 P. 2
December 1998
DESIGN AND CONSTRUCTION STANDARDS
DIVISION 0
FACILITIES MANAGEMENT SERVICES
BIDDING AND CONTRACT REQUIREMENTS
compensation for fully completing the whole of the work described in this agreement before
the expiration of the Contract time to a maximum of ___________ days.
The bidder submits this proposal with the understanding that all “punch list” items will be
completed within 30 days.
I.
Completion Date Qualifier
This project must be completed within ________ calendar days of award. It is understood
that certain items are long-lead items from manufacturers and may delay the construction
schedule. It is the Contractor’s responsibility to order such material early enough to allow
adequate time for delivery so as not to delay the project. The following is a list of all longlead items that may delay completion of this project within the substantial completion date
stated in H. above.
MATERIAL
J.
DELIVERY DATE
___________________
__________________
___________________
__________________
___________________
__________________
Base Bid
1.
For all work required by the Contract documents for the __________________
for Carnegie Mellon University, the stipulated sum of:
_______________________________________dollars
(written)
$__________________
(numerals)
2.
Base Bid Breakdown:
General Construction
Mechanical Construction
Electrical Construction
Plumbing Construction
$____________
$____________
$____________
$____________
TOTAL
$____________
A detailed breakdown sheet of the work indicating the Contract amount for each item will
be submitted by the successful bidder to the University with a copy to the Design
Consultant, prior to award of Contract.
December 1998
Appendix 0-2 P. 3
DIVISION 0
DESIGN AND CONSTRUCTION STANDARDS
BIDDING AND CONTRACT REQUIREMENTS
FACILITIES MANAGEMENT SERVICES
3. Alternates
K.
Add
Deduct
No
Change
No.
Description
____
__________________________ $_______ $_______ $_______
____
____________________________ $________ $_______ $_______
Change Orders
1. The labor rate to be charged on any change orders that may be involved with
this project, both adding and deducting will be as follows:
General Contractor
Journeyman carpenter
Apprentice carpenter
Laborer
$______/hr
$______/hr
$______/hr
Electrical Contractor
Journeyman
$________/hr
Apprentice
$________/hr
Helper
$________/hr
Plumbing Contractor
Journeyman
Apprentice
Laborer
$______/hr
$______/hr
$______/hr
HVAC Contractor
Fitter
$________/hr
Sheet metalist
$________/hr
Laborer
$________/hr
Painting
Painter
$______/hr
Others
$________/hr
$________/hr
2. Overhead and Profit (Change Orders)
The amount of mark-up to be applied to any change orders, both adding and deducting,
will be as follows (these percentages also apply to all subcontractors and subsubcontractors):
University Established Mark-Up:
Type
Labor
Material and equipment
Subcontractor
L.
Overhead %
7.5
5.0
5.0
Profit %
7.5
5.0
5.0
Total
15
10
10
Contractor Supervision
The successful bidder will submit in writing to the University Project Manager the name
and qualifications of its project superintendent or foreman prior to the start of work. The
University has the right to accept or reject any supervisor. The University also reserves the
right to accept or reject any supervision change up to the time of the University’s final
acceptance of this project.
Appendix 0-2 P. 4
December 1998
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
M. Lien Stipulation
It is understood and agreed that this Contract shall be a "Non-Lien" Contract. The
Contractor agrees to execute and the University agrees to file the "Non-Lien Contract
Stipulation" no later than 10 days after the Contract date or prior to commencing any work,
whichever is sooner. Upon completion of the work, the Contractor shall furnish to the
University a Release of Lien from every person, firm, or corporation under direct Contract
with the Contractor doing work or furnishing material for construction of the building and
improvements.
N.
THE UNDERSIGNED submits this proposal to Carnegie Mellon University and in
consideration, or receipt and consideration of this proposal by the University, intends to be
legally bound by this proposal.
O.
Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal
Contract within five days and present the same to the University. If execution of the
Contract is not received within five days, the Contract will be re-awarded to the next
appropriate bidder.
IN WITNESS WHEREOF, the undersigned has caused this proposal to be executed as
of_________________.
(date)
Legal Name of Bidder:
___________________________________________
Legal Address of Bidder: ___________________________________________
___________________________________________
(If a corporation, affix corporate seal.)
Signed by: ______________________________________________________
Title:
______________________________________________________
Telephone: ______________________________________________________
Witnesses: ______________________________________________________
December 1998
Appendix 0-2 P. 5
DIVISION 0
DESIGN AND CONSTRUCTION STANDARDS
BIDDING AND CONTRACT REQUIREMENTS
FACILITIES MANAGEMENT SERVICES
IF AWARDED THE JOB, I CERTIFY THAT ALL BUILDING MATERIALS TO BE USED
DURING THE COURSE OF THE WORK ARE ASBESTOS-FREE.
_______________________________________
(Bidder's Name)
Appendix 0-2 P. 6
December 1998
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
APPENDIX 0-3: NON-LIEN AGREEMENT
(The Non-Lien Agreement is contained in a separate eps file: Div0-App0-3,p1)
December 1998
Appendix 0-3 P. 1
DIVISION 0
BIDDING AND CONTRACT REQUIREMENTS
DESIGN AND CONSTRUCTION STANDARDS
FACILITIES MANAGEMENT SERVICES
APPENDIX 0-3: NON-LIEN AGREEMENT (CONT)
(The second page of the Non-Lien Agreement is contained in a separate eps file:
Div0-App0-3,p2)
Appendix 0-3 P. 2
December 1998