1000 Year Old Egg Quiz (Forms and Documents)

Question 1

Agreement

A typical construction agreement between an owner and a contractor would include many of the following provisions:

• Preamble
• Identification Of Parties
• Identification Of Other Participants
• Contract Documents
• Scope Of Work
• Date Of Commencement Of The Work
• Date Of Substantial Completion Of The Work
• Liquidated Damages
• Incentives, Bonuses, And Penalties
• Contract Sum
• Adjustment Of Contract Sum
• Unit Prices
• Payment Procedures
• Due Dates For Payments
• Work Completed
• Materials And Equipment Stored Off-site
• Progress Payments And Retainage
• Cutoff Date
• Payment At Substantial Completion
• Due Date For Final Payment
• Miscellaneous Provisions
• Termination Or Suspension
• Signatures

Answer 1

A typical construction agreement between an owner and a contractor would include many of the following provisions:

• Preamble Records the date of the agreement and the legal identification of the project.
• Identification Of Parties Identifies the legal names of the parties entering into the agreement specifically the owner and contractor. Addresses and phone numbers would also be included to provide a location where proper notice (as required by various terms and actions) can be delivered.
• Identification Of Other Participants Identifies other participants who affect the agreement and may include the architect/ engineer for the project or a construction manager as adviser, and refers to their contract documents for the rights and authority assigned to them.
• Contract Documents Enumerates the graphic and written documents (drawings and specifications) that constitute the work required by the agreement and incorporates them by reference in the agreement thus establishing them as contract documents. The list may also reference documents (revisions, clarifications, and modifications) that might be issued after the effective date of the agreement to modify the original contract documents.
• Scope Of Work A description of the scope of the work required to be performed in accordance with the contract documents, including labor, materials, equipment, and services to fulfill the obligations of one of the parties. The work may be the complete project when a single-prime agreement is required by the project delivery method or a specific portion of the project when multiple-prime agreements are required.
• Date Of Commencement Of The Work A date, determined and issued by the owner in writing, as a notice to the contractor of when the work can proceed. The date should be carefully considered to allow for review of all required preconstruction submittals. If a notice to proceed is designated in the agreement it should be issued after all matters relating to the agreement and the start of construction operations have been determined and the required preconstruction submittals have been submitted and reviewed.
• Date Of Substantial Completion Of The Work Establishes a number of days (preferably calendar days rather than work days) for the duration of the work, or a specific date when the work is to be completed and the owner can occupy the project or a designated portion thereof for its intended use.
  The time requirements will have been met when the work is substantially complete, even if a few minor items may remain to be completed or corrected. There are occasions when delay, beyond the time limit stated in the contract documents, will cause damage to the owner.
• Liquidated Damages If required, establishes a fixed monetary amount per day, as a result of failure by the contractor to complete the work by the date of substantial completion, a stipulated time, or by a stated calendar date. The amount per day should be stated in the agreement and referenced in the procurement instructions and in the conditions of the agreement. The owner, under advice from legal counsel, should determine both the type of damages to be covered or excluded and the amount per day that is stipulated due from the contractor. It is important to understand that liquidated damages are not a penalty. The inclusion of a liquidated damages clause in an agreement is generally considered to be in lieu of actual damages for delay. If there is no liquidated damages clause, however, the contractor may still be liable for actual damages.
• Incentives, Bonuses, And Penalties If included, establishes an incentive or a bonus if the project is completed early, or a penalty amount if the project is completed late. Although this is not a required or a necessary condition when imposing liquidated damages, it is highly recommended if the owner will benefit from early completion. If a penalty will be imposed, a balanced incentive or bonus must also be included.
• Contract Sum Establishes the monetary amount (from an accepted bid or negotiated amount) that is to be paid for the performance of the agreement, which includes accepted alternates, and, when permitted, adjustments resulting from minor changes negotiated after receiving bids or prices.
• Adjustment Of Contract Sum Provides that the owner has the right to make changes to the work without invalidating the terms of the agreement. Without such a provision, changes might not be permitted. Such changes might require appropriate adjustments in the contract sum.
• Unit Prices The additive and deductive costs for the work of certain designated items that are based on estimated quantities of work included from the bid form, or may include unit price items that are negotiated at the time of executing the agreement. Unit prices may be used to determine the value of changes in the work.
• Payment Procedures Establishes the requirements for preparing and processing applications for payment, and the time periods for submitting applications and receiving payment.
• Due Dates For Payments Establishes the dates mutually acceptable to the parties, considering the time required to prepare an application for payment, for the architect/engineer to review and certify the application for payment and for the owner to make the payment within the time limits identified in the contract documents.
• Work Completed. Establishes the provision that the contractor may be paid for work completed and in place, as well as for materials or equipment not incorporated in the work but delivered and suitably stored and protected on-site.
• Materials And Equipment Stored Off-site Establishes the provision that certification and payment will be permitted for materials and equipment stored off-site if it is stored at a mutually agreed location, properly protected and insured, with clear title to owner.
• Progress Payments And Retainage Establishes a monthly date, mutually acceptable to the parties, for progress payments to be made. Additional paragraphs might be added to cover retainage percentages prior to and upon substantial completion. Traditionally, owners pay 90 to 95 percent of earned sums, retaining the remainder to ensure full performance of the agreement. The amount retained is often governed by local custom and, for public work, by state or federal regulations or statutory requirements. This procedure provides the owner with some degree of assurance that the contractor will perform the work expeditiously, but it also may increase project costs because a contractor will compensate for the amount of retainage in its price. A fair and effective practice is for the owner to place retained funds into interest-bearing escrow accounts. The funds remain under control of the owner until project completion, at which time the retainage. plus the interest accrued, is paid to the contractor. Other customary procedures are to reduce the amount of retainage from 10 percent to 5 percent after the project is 50 percent complete, or retain 10 percent of payments due until the project is 50 percent complete and not retain on payments due thereafter.
• Cutoff Date Establishes the date on which the work is evaluated for payment; it should normally be no fewer than 10 days prior to the payment date to allow for the architect/engineer to assess the evaluation and issue a certificate for payment, and the owner to make payment within the time provided in the contract documents. The contractor may prefer an additional few days to allow time to prepare the application.
• Payment At Substantial Completion Establishes the percentage of the contract sum that will be due upon substantial completion. The amount to be stipulated for the percentage retained at substantial completion should be decided by the owner and the owner’s legal counsel with advice from the architect/engineer.
• Due Date For Final Payment Establishes the time, frequently 30 to 60 days after substantial completion, at which point the owner will make final payment to the contractor if the work is finally completed. The time period is also influenced by subcontractors and others filing claims against the project. However, it may be stipulated that this time period is subject to specific requirements of the project and, further, that this date is binding only if the work is in fact fully completed and free of liens that would prohibit the owner’s use of the project.
• Miscellaneous Provisions States that where reference is made in the agreement to a provision of the general conditions or another contract document, the reference refers to that provision as amended or supplemented by other provisions of the contract documents. Miscellaneous provisions might also state that interest can be applied to payments under the contract documents that are due and unpaid, at a predetermined rate.
• Termination Or Suspension Establishes that the agreement may be terminated or suspended by the owner or contractor, and includes the causes that are permitted as the reason for the termination of suspension.
• Signatures Authorized representatives of the parties to the agreement bind the parties to each other by placing signatures at the end of the agreement. Signatures of witnesses and corporate seals may also be included.

Question 2

General Conditions

Answer 2

General Conditions

General conditions for a project can be any of a number of standard documents published that are applicable to the project delivery method. Provisions of general conditions have broad application and include practices common in the United States. Standard general conditions for construction are prepared and published by professional associations such as the AIA, EJCDC, and DBIA.

Standard general conditions benefit the construction industry by providing documents with a history of many years of use and refinement. The language and provisions of these standard documents have been tested and interpreted by the courts and are well understood and familiar to those concerned. The use of standard general conditions also establishes a baseline from which exceptions, modifications, and additions of the supplementary conditions are clearly identified and evaluated. Writing new general conditions for a project will conceal the unique requirements rather than make them clearly understood.

Standard general conditions are normally based on the concept of a single-prime contract for the work. When a project will be constructed under multiple-prime contracts, each contract should use the same general conditions with emphasis on mutual responsibilities. The general conditions should always be bound into the project manual, not simply included by reference, so that they are easily available during progress of the work.

Federal, state, and local government agencies usually produce standard general conditions specifically for use on their projects. Some large corporations have also developed their own general conditions for their projects. When working with unfamiliar general conditions, the A/E must use particular care to adapt the wording of contract documents to the differing provisions to avoid conflicts or omissions. Changes may be required in provisions that the A/E would otherwise treat as standard or routine. Provisions that might be affected include substitutions, submittal procedures, naming of manufacturers, and temporary facilities.

AIA Document A201, EJCDC Document C-700 and DBIA Document 535, Standard Form of General Conditions of the Contract Between Owner and Design-Builder address common project concerns. Each document deals with these concerns in a similar manner but with language determined to be in accord with the needs of each organization. In general, the DBIA general conditions provide fewer details and requirements than do the EJCDC and AIA documents because the designer and the builder are acting as a single entity. Some of these common articles deal with:

• Work*. Each of the three documents describes work under the basic definitions in the respective first articles. Whereas all three define work as the construction and other services required by the contract documents, including labor, material, equipment, and services, AIA Document A201 additionally refers to the contractor’s obligation to perform. EJCDC C-700 includes a reference to the documentation required to produce the construction, and DBIA 535 requires the procuring and furnishing of all materials, equipment, services, and labor that are reasonably inferable from the contract documents. Although both the AIA and the EJCDC general conditions go on to describe the project as the total construction, of which the work under the contract documents may be the whole or part, the DBIA general conditions do not make this additional distinction.
• Contract Documents*. AIA Document A201 lists the documents that make up the contract documents as the agreement, conditions of the contract, drawings, specifications, addenda issued prior to execution of the contract, other documents listed in the agreement, and modifications issued after execution of the contract and excludes certain procurement documents. EJCDC C-700 simply states that the contract documents are those printed or hard-copy documents listed in the agreement, excluding shop drawings, other contractors’ submittals, and reports and drawings of subsurface and physical conditions. DBIA Document 535 refers to contract documents throughout, but does not define what they are composed of within these general conditions.
• Payments*. The articles dealing with payment procedures are fairly detailed in each of the three general conditions. Each sets out requirements for a schedule of values and a method of request for payment and review of application, withholding payment, substantial completion, and final payment. Both AIA Document A201 and EJCDC C-700 define a contract sum, whereas DBIA Document 535 does not.
• Termination*. Each of the three general conditions provides detailed procedures for both the owner and the contractor or design-builder to suspend the work without cause or to terminate the contract for cause. In general, the reasons for suspension or termination are similar for each of the general conditions and include failure to make payments, failure to provide adequate work force or materials, flagrant disregard for laws and regulations, or a breach of the contract documents. The time periods allowed under each general condition vary. In addition, AIA Document A201 allows the contractor to terminate the contract if the work has stopped for 30 consecutive days as a result of a declaration of a national emergency. DBIA 535 also provides for the possibility of bankruptcy by either the owner or the design-builder.
• Claims and Dispute Resolution*. Both the AIA and EJCDC general conditions refer most claims or disputes to the initial decision maker first, who is most likely the A/E, and a decision is made at this level if possible. AIA Document A201 exempts any claims dealing with hazardous materials, but EJCDC C-700 has no similar exception. For both AIA and EJCDC, the next step after failing resolution with the A/E is to take the dispute to mediation and, failing that, next to arbitration for resolution (that is unless the parties have agreed to other stipulations). DBIA Document 535 addresses this concern by first emphasizing dispute avoidance and a commitment to working with each other at all times to minimize disputes and losses. In this case, the design-builder’s representative and the owner’s representative first attempt to resolve the dispute together. Failing that, the dispute is taken to senior representatives of both parties, then failing that to a nonbinding mediation, and failing that, to binding arbitration.

Each of the three standard general conditions, though similar in many respects, has developed over time and has evolved into a document that serves the basic requirements of its sponsoring organization.

Standardized conditions of the contract include:

• AIA Document A201, General Conditions of the Contract for Construction
• AIA A232, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.
• AIA A251, General Conditions of the Contract for Furniture, Furnishings, and Equipment.
• AIA A295, General Conditions of the Contract for Integrated Project Delivery.
• ConsensusDocs 200, Agreement and General Conditions Between Owner and Contractor (Lump Sum).
• ConsensusDocs 235, Short Form Agreement Between Owner and Contractor (Cost of Work).
• ConsensusDocs 300, Tri-Party Agreement for Collaborative Project Delivery.
• ConsensusDocs 410, Agreement and General Conditions Between Owner and Design-Builder (Cost of Work Plus Fee with Guaranteed Maximum Price).
• ConsensusDocs 415, Agreement and General Conditions Between Owner and Design-Builder (Lump Sum Based on the Owner’s Program Including Schematic Design Documents).
• ConsensusDocs 500, Agreement and General Conditions Between Design-Builder and Construction Manager (Guaranteed Maximum Price with Option for Preconstruction Services).
• ConsensusDocs 510, Agreement and General Conditions Between Design-Builder and Construction Manager (Cost of Work with Option for Preconstruction Services).
• ConsensusDocs 830, Agreement and General Conditions Between Owner and Construction Manager (General Conditions).
• ConsensusDocs 831, Agreement and General Conditions Between Owner and Construction Manager (No General Conditions).
• DBIA 535, Standard Form of General Conditions of the Contract Between Owner and Design-Builder.
• EJCDC C-700, Standard General Conditions of the Construction Contract.
• EJCDC D-700, Standard General Conditions of the Contract Between Owner and Design/Builder.
• EJCDC P-700, Standard General Conditions for Procurement Contracts.

Understanding the General Conditions in a Construction Contract

Roles and Work of Parties

Time

Price & Payments

Changes

Suspension & Termination

Claims and Disputes

Question 3

Supplementary Conditions

Answer 3

Supplementary Conditions

The requirements of the general conditions can be modified or expanded in the supplementary conditions to accommodate specific project conditions, owners requirements, or unusual aspects relating to the roles, rights, duties, and responsibilities of the parties to the contract for construction. Supplementary conditions are not standard for every project and must be prepared based on requirements of the specific project.

Some modification of standardized general conditions is almost always necessary. Regardless of the efforts to develop standardized forms, modifications are necessary to customize the requirements to the project. Guides published by professional associations for preparing supplementary conditions give examples of wording for modifications that occur frequently, with a recommended procedure for the preparation of the supplementary conditions.

Deletion or rewording of provisions in standardized general conditions should be avoided. The provisions and terminology have been carefully coordinated with companion standardized forms and the deletion or change of requirements of a provision may affect other standardized forms. When rewording of the general conditions is necessary to adjust for local conditions, owner’s requirements, or other legitimate reasons, advice of legal counsel is necessary to avoid conflicts with, or weakening of, unmodified statements elsewhere in the contract documents.

Modifications, deletions, and expansions of articles in the general conditions are written in the supplementary conditions in the same order as the related articles occur in the general conditions, and are referenced specifically to the article, paragraph, subparagraph, or clause in the general conditions. Additional articles, paragraphs, subparagraphs, or clauses of supplementary conditions are added by using the next consecutive article, paragraph, subparagraph, or clause number consistent with the provisions of the general conditions.

Properly prepared contract documents agree with one another as integral parts of a whole. The contract documents should agree with one another in terminology and nomenclature. Modifications made to one of the forms should not contradict provisions contained in the other forms. The supplementary conditions must therefore, be carefully coordinated not only with the general conditions, but also with the other forms, including procurement requirements and the various agreements.

The practice of printing standardized supplementary conditions is not recommended. Supplementary conditions are based on the unique requirements of each specific project. Recommended additions or modifications to the standardized general conditions commonly illustrated in published guides are not applicable for every project, and other changes are frequently required. In addition, the supplementary conditions are prepared in conjunction with the procurement requirements because of their interrelationship.

The published guides for preparing supplementary conditions give examples of wording for modifications that occur frequently, with a recommended procedure for the preparation of the supplementary conditions.
Standardized forms include the following:

• AIA A201 SC, Federal Supplementary Conditions of the Contract for Construction.
• AIA A503, Guide for Supplementary Conditions.
• AIA A511, Guide for Supplementary Conditions, Construction Manager-Advisor Edition.
• ConsensusDocs, Guidebook.
• EJCDC C-800, Guide to the Preparation of Supplementary Conditions.
• EJCDC P-800, Guide to the Preparation of Procurement Supplementary Conditions for Procurement Contracts.

Question 4

Bid Form

A. Project Identification

B. Name and Address of Party to Whom the Bid Is Directed

C. Entity Submitting Bid

D. Acknowledgements

E. Time for the Bids to be Held Open

F. Identification of Addenda

G. Prices

H. Combined Bids

I. Alternates

J. Allowances

K. Unit Price

L. Completion Time

M. Liquidated Damages

N. Supplements

O. Closing

Answer 4

A. Project Identification

PROJECT IDENTIFICATION: State University Science building
Project No. 3813.

B. Name and Address of Party to Whom the Bid Is Directed

BID TO: The Board of Govenors State University
233 Uptown Street Smithville. Ohio 44000

C. Entity Submitting Bid
BID FROM______________________

1. The undersigned BIDDER agrees, if this Bid is accepted, to enter into an agreement with Owner, in the form included in the Procurement Documents, to perform and furnish the work as specified or indicated in the Procurement Documents for the Bid Price and within the Bid Times indicated in the Bid and in accordance with the other terms and conditions of the Contract Documents.

D. Acknowledgements

2. In submitting the Bid, BIDDER represents, as more fully set forth in the Agreement. that:

E. Time for the Bids to be Held Open

a. This Bid will remain subject to acceptance for 30 days after the day of Bid opening.

F. Identification of Addenda

j. BIDDER has received the following Addenda receipt of which is hereby acknowledged:

Date________ Number____________

________ ____________

G. Prices

3. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s):

STIPULATED-SUM BID PRICE ______________(use word) ____________ (figure)

H. Combined Bids: (Not included in this sample.)

I. Alternates

Alternate No. 1 (use of brick in place granite)

Alternate No. 2 (chiller as manufactured by XYX. Co.)

J. Allowances: (Not included in this sample.)

K. Unit Price

If the required quantities of the items listed below are increased or decreased by Change Order, the adjustment unit prices set forth below shall apply to such increased or decreased quantities: Rock excavation __________________ _______________________

L. Completion Time

4. BIDDER agrees that the Works will be substantially complete and ready for final payment in accordance with the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

M. Liquidated Damages: (Not included)

N. Supplements

5. The following documents are attached to and make a condition of this Bid:
   a. Required Bid Security in the form of
   b. Required BIDDER’S Qualification Statement with supporting data.

O. Closing

SUBMITTED on.______________________, 20.
By.______(Firm Name)_______________________(SEAL)
__________(Name of Person Authorized to Sign)________
________________Business Address______________
________________Phone No:________________

Question 5

Invitation to Bid

A. Project Identification; Name, project number, and date of issue. Name and address of architect or engineer.

B. Description of Work

C. Type of Bid
D. Time of Completion

E. Prebid Meeting (Not included in this sample.)

F. Bid Opening

G. Examination and Procuring of Documents

H. Bidder’s Qualifications

I. Bid Security

J. Owner’s Right to Reject Bids

K. Laws and Regulations: (Not included in this sample.)

Answer 5

A. Project Identification; Name, project number, and date of issue. Name and address of architect or engineer.

Jones and Brown, Architects 5555 Main Street Smithville, OH 44000 Phone(999)888-777

INVITATION TO BID
STATE UNIVERSITY SCIENCE BUILDING
Project No. 3813
October 1, 2016

B. Description of Work
You are invited to bid on a General Contract, including mechanical and electrical work, for a two- story, thin-shell concrete, circular Science Building, approximately four hundred fee in diameter.

C. Type of Bid

Bids shall be on a stipulated sum basis; segregated bids will not be accepted.

D. Time of Completion

Project is to be completed within calendar days from the date of award of contract.

E. Prebid Meeting (Not included in this sample.)

F. Bid Opening

The State University Board of Govenors will received bids until 3:00 p.m. Eastern Standard Time on Tuesday, November 2,2016, at 233 Uptown Street, Room 313, Smithvile, Ohio. Bids received after this time will not be accepted. Bids will be opened publicly and read aloud immediately after specified closing time. All interested parties are invited to attend.

G. Examination and Procuring of Documents
Procurement Documents may be examined at the Architect’s office and at:
The Plan Center 382 West Third Street Smithville, OH
Associated Plan Bureau 1177 South Barnes Smithville, OH

Copies of the Procurement Documents may be ontained at the Architect’s office in accordance with the Instructions to Bidders upon despositing the sum of $100.00 for each set of documents.
Any bidder, upon returning the documents in good condition immediatey following the public opening of the bids, shall be returned deposit in full. Any non-bidder returning the documents in good condition will be returned the sum of $75.00.

H. Bidder’s Qualifications

Bidders are required to be prequalified for this project and may obtain appropriate qualification forms from the Architect’s office.

I. Bid Security

Bid Security in the amount of five percent of the bid must accompany each bid in accordance with the Instructions to Bidders.

J. Owner’s Right to Reject Bids

The Board of Govenors reserves the right to waive irregularities and to reject bids.

By order of the Board of Governors
State University Smithville, Ohio
Hirmats J. Downe Secretary

K. Laws and Regulations: (Not included in this sample.)

Question 6

Advertisement for Bids

A. Project Identification;
Name, project number, and date of issue.
Name and address of architect or engineer.

B. Description of Work

C. Type of Bid

D. Time of Completion (Not included in this sample.)

E. Prebid Meeting (Not included in this sample.)

F. Bid Opening

G. Examination and Procuring of Documents

H. Bidder’s Qualifications (Not included in this sample.)

I. Bid Security

J. Owner’s Right to Reject Bids

K. Laws and Regulations: Usually required for legal advertisements

Answer 6

A. Project Identification;
Name, project number, and date of issue.
Name and address of architect or engineer.

Bids: November 2, 2016

STATE UNIVERSITY

SCIENCE BUILDING

SMITHVILLE, OH

Project No, 3813

October 1, 2016

Jones and Brown, Architects

5555 Main Street

Smithville, OH 44000

Phone (999) 888-777

B. Description of Work

The Board of Govenors, State University, Smithville, Ohio, will receive sealed bids in a General Contract, including mechanical and electrical work, for a two-story, thin-shell concrete, circular Science Building, approximately four hundred feet in diameter.

C. Type of Bid

Bids shall be on a stipluated sum basis; segregated bids will not be accepted.

D. Time of Completion (Not included in this sample.)

E. Prebid Meeting (Not included in this sample.)

F. Bid Opening

The State University Board of Govenors will receive bids until 3:00 p.m. Eastern Standard Time on Tuesday, November 2, 2016, at 233 Uptown Street, Room 313, Smithville, Ohio.

Bids received after this time will not be accepted. Bids will be opened and publicly read alud immediately after specified closing time. All interested parties are invited to attend.

G. Examination and Procuring of Documents

Procurement Documents may be examined at the Architect’s office and at:

The Plan Center

382 West Third Street

Smithville,OH

Associated Plan Bureau

1177 South Barnes Smithville, OH

Copies of the Procurement Documents may be obtained at the Architect’s office in accordance with the Instructions to Bidders upon depositing the sum ot $100.00 for each set of documents.

H. Bidder’s Qualifications (Not included in this sample.)

I. Bid Security

Bid Security in the amount of five percent of the bid must accompany each bid in accordance with the Instructions to Bidders.

Any bidder upon returning the documents in good condition immediately following the public opening of the bids, shall be returned the deposit in full. Any non-bidder returning the documents in good condition will be returned the sum of $75.00.

J. Owner’s Right to Reject Bids

Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. Bidders shall submit a compliance report in conformity with Executive Order No. 11246.

K. Laws and Regulations: Usually required for legal advertisements

This contract is Ferderally assisted. The Contractor must comply with the Davis-Bacon Act, The Anti-Kickback Act, and the Contract Work Hours Standard.

The Board of Governors reserves the right to waive irregularities and to a reject bids.

By order of the Board of Governors.

STATE UNIVERSITY

SMITHVILLE, OHIO

Question 7

00 21 13 Instructions to Bidders

• Documents
• Examination of Documents, Site, and Local Conditions
• Interpretations During Bidding
• Substitution of Products
• Type of Bid
• Preparation of Bid
• Bid Security Information
• Performance Bond and Payment Bond
• Subcontractor Listing
• Identification and Submittal of Bid
• Modification or Withdrawal of Bid
• Disqualification of Bidders
• Prebid Meeting
• Liquidated Damages
• Opening of Bids
• Evaluation and Consideration of Bids
• Execution of Agreement

Standardized forms regarding instructions to bidders include the following:

• AIA A701^TM, Instructions to Bidders.
• AIA A751^TM, Invitation and Instructions for Quotation for Furniture,
• Furnishings, and Equipment.
• ConsensusDocs® 270, Instructions to Bidders on Private Work.
• ConsensusDocs® 271, Instructions to Bidders on Public Work.
• EJCDC C-200, Guide to the Preparation of Instructions to Bidders.
• EJCDC P-200, Suggested Instructions to Bidders, Procurement Contracts.

Answer 7

The instructions to bidders are the requirements with which bidders must comply before and during submission of bids.

The instructions to bidders will not be as brief as the solicitation because they contain specific information not included in the other procurement requirements; the instructions are the information a bidder needs to properly prepare and submit a bid. The instructions also describe conditions affecting the award of the contract.

When standardized instructions to bidders are used, it is often necessary to modify and sometimes expand on them to suit a specific project. This is done by use of supplementary instructions to bidders.

Basic information incorporated into the instructions to bidders should include the following items:

• Documents. State whether documents will be issued to other than prime bidders. Include information about availability of documents to supplement information in the bid solicitation. Issuance of partial sets of documents should be avoided. Explain conditions and requirements governing return of documents by bidders, including time for their return and refund of deposits. Some architect/engineers prefer to include this information in the invitation to bid, rather than in the instructions, to eliminate repetition; however, the invitation is often limited in size through circumstances beyond the preparer’s control. Minimum information should still appear in the invitation, but complete details should be given in the instructions.
• Examination of Documents, Site, and Local Conditions. Explain that the bidder is responsible for examining the documents, the site, and the local conditions that will affect the work. Give limitations on time of examination and describe arrangements necessary for the examination, and, when applicable, give a name and telephone number of the person to contact.
• Interpretations During Bidding. Describe how discrepancies and ambiguities in the documents will be resolved during the bidding period and give instructions for obtaining the information.
• Name and address of the entity to which inquiries and requests for clarification should be directed.
• Manner in which such requests are to be made, including time limits.
• Replies should be issued as addenda. State how and when addenda will be issued and to whom they will be sent. Include time limits.
• Substitution of Products. The practice of listing more than one product or manufacturer for a given material description is preferred (and may also be required in some public work) by many architect/engineers to stimulate competition among suppliers. Some circumstances allow for substitution of products other than those specified. The architect/engineer should state the requirements and procedures under which proposed substitutions of materials and methods will be considered. If such consideration is during the bidding period, include a date prior to bid opening after which requests for substitutions will no longer be considered. Refer the bidders to Division 01, Specification Section 01 25 10, Substitution Procedures, for specific requirements and procedures for requesting substitutions.
• Type of Bid. Describe the type of bid required. There are several possibilities, and the instructions to bidders should dearly state the requirements and conditions for the bid type. The instructions to bidders should also include guidance for preparing items on the bid form, such as combined bids, allowances, alternates, and unit prices.
• Preparation of Bid. Inform bidders how bids are to be prepared, including instructions for forms to be used and the number of copies required. Give explicit instructions regarding the signatures required. Describe any additional information to be submitted with the bid.
• Bid Security Information. Inform bidders if a bid security will be required, and what amount and form.
• Performance Bond and Payment Bond. Indicate if bonds will be required. Performance and payment bonds, each equal to 100 percent of the contract sum, are usually required for public work and are recommended for private work. If bonds are required, stipulate the time period in which they must be furnished. Coordinate this requirement with the conditions of the contract.
• Subcontractor Listing. Where applicable, explain conditions and requirements relating to listing and acceptance of proposed subcontractors. Instruct the bidders to submit the information as a listing on the bid form or as a supplement to the bid form, or to note that it will be furnished within a specified time after the bid opening. Where appropriate, give information about the significance of such a list in evaluating the bids and how binding the list may be.
• Identification and Submittal of Bid. Indicate how to identify the bid, the project name, number, contract number, owner, bid date and time, and name of bidder. Give instructions regarding submittal of the completed bid and whether a sealed envelope is required.
• Modification or Withdrawal of Bid. Indicate whether bids may be modified between submittal and opening. Explain circumstances under which a bidder may not withdraw the bid. Include a list of conditions under which bids may be withdrawn without forfeiture of bid security and describe procedures to be followed when so doing. State the length of time the owner may hold bids before any withdrawal is permitted.
• Disqualification of Bidders. List conditions or irregularities under which a bidder may be disqualified.
• Special Applicable Laws. List applicable federal, state, and local laws and regulations. Avoid an exhaustive list and avoid implying that the list is complete. The listed items may include:
• Licensing of contractors for special requirements,
• Requirements for special construction permits,
• Exemption from sales tax, if applicable,
• Wage rates and employment requirements when required by
• law or by the owner,
• Local labor agreements, and
• Nondiscriminatory hiring practices.
• Prebid Meeting. Refer the bidder to the solicitation and provide any supplemental information not included in the solicitation.
• Liquidated Damages. Provide information about provisions relating to liquidated damages.
• Opening of Bids. Refer the bidder to the solicitation for information about date, time, and place for opening of bids.
• Evaluation and Consideration of Bids. Describe the basis under which the owner will award the contract including considerations of alternates and unit prices. If applicable, the order in which alternates are to be accepted should be stated, if there is one. Reserve for the owner the right to waive irregularities in a bid or to reject all bids.
• Execution of Agreement. List requirements and conditions for execution of the agreement including the preparation and examination.

Standardized forms regarding instructions to bidders include the following:

• AIA A701^TM, Instructions to Bidders.
• AIA A751^TM, Invitation and Instructions for Quotation for Furniture,
• Furnishings, and Equipment.
• ConsensusDocs® 270, Instructions to Bidders on Private Work.
• ConsensusDocs® 271, Instructions to Bidders on Public Work.
• EJCDC C-200, Guide to the Preparation of Instructions to Bidders.
• EJCDC P-200, Suggested Instructions to Bidders, Procurement Contracts.

Question 8

Addenda

A. Number and Date

B. Project Identification

C. Name and Address of A/E

D. To Whom Addendum is issued

E. Opening Remark and Notice to Bidders

F. Changes to Prior Addenda

G. Changes to Bidding Requirements

H. Changes to Contracting Requirements

I. Changes to Specifications

J. Changes to Drawings

Answer 8

A. Number and Date

ADDENDUM NO. 2, MAY 1, 2016

B. Project Identification

RE: First National Bank of Brownsville

project No. 11863

C. Name and Address of A/E

FROM: JONES and SMITH, Architects and Engineers

John Doe Building

Washington, D.C.

(202) 555-8888

D. To Whom Addendum is issued

TO: Prospective Bidders

E. Opening Remark and Notice to Bidders

This Addendum forms a part of the Contract Documents and modifies the original Procurement Documents date April 15, 2016, and Addendum No. 1 dated April 20, 2016, as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification.

This Addendum consists of one page and the attached drawing, Sheet S-9-A, with the revised date of April 20, 2016.

F. Changes to Prior Addenda

CHANGES TO PRIOR ADDENDA:

1. Addendum No. 1, Item No. 13, Page AD-1-1, change the number of the reference drawing from “G-1” to “G-7”.

G. Changes to Bidding Requirements

CHANGES TO PROCUREMENT REQUIREMENTS:

1. Instructions to Bidders, Page 00 21 13-2, Item 15, replace first sentence with ‘Proposed substitutions must be submitted in writing at least 15 days before the date for opening bids”

H. Changes to Contracting Requirements

CHANGES TO CONTRACTING REQUIREMENTS:

3. Supplementary Conditions Item No. 12, Page 00 73 00-3, change limit of public liability from “$100,000/$500,000D to “$300,000/$500,000.”

I. Changes to Specifications

CHANGES TO SPECIFICATIONS:

4. Section 09 21 16-Gypsum Board Assemblies, subparagraph 2.01 C.3, add the following: 3. Smooth shank nail:
   a. ASTM C 514
   b. Length: 1-3/8 inches (35mm)’
5. Section 23 61 00-Refrigeration Equipment subparagraph 2.03 B.2, change total square feet (square meters) of surface from “298 (27.68)” to “316 (29.36).”

J. Changes to Drawings

CHANGES TO DRAWING:

4. Delete sheet S-9-Beam Schedule and replace with attached Sheet S 9-A.
5. Sheet M-1-Mechanical Plan, at Room 602, change “12 x 6” exhaust duct, to “12 x 18”

Question 9

Division 01—General Requirements

A. Administrative and Procedural Requirements.

B. Temporary Facilities and Controls.

C. Performance Requirements.

D. Life Cycle Activities.

Answer 9

Division 01—General Requirements

The sections in Division 01, which are collectively referred to as the General Requirements, specify the following:

Administrative and Procedural Requirements. Relates to the process of contract administration, the assignment of contractual responsibilities, and the methods of communicating, controlling, and assuring quality

Temporary Facilities and Controls. Work put into place for use only during the period of construction and that will be removed when no longer required for construction operations

Performance Requirements. Facility and system performance

Life Cycle Activities. Commissioning, facility operation, facility maintenance, and facility decommissioning

Division 01 sections expand on certain of the administrative and procedural provisions in the conditions of the contract…Division 01 sections cover general requirements for execution of the work and should be written in language broad enough to apply to sections in Divisions 02 through 49.

Proper use of Division 01 avoids mixing conditions of the contract with the administrative and procedural details of the specifications.