Lecture 11 Flashcards
may be accepted by the
owner as long as they are accompanied
by the original priced bid.
Bid substitutions
- These substitutions may be the result of VE
proposals or special contractor
experience - If original priced bid is not included, may
be considered a counter offer and
automatically rejected.
Bid substitutions
Total bid price is compared for ______.
lump slump bids
Equivalent lump sum value is compared in case
of unit price bids (May be misleading in case ________ ).
of errors in quantity calculation
_________ should be separately
presented through alternative offer.
Alternates or substitutions
Use of alternates might cause problems
Especially for ______________
proprietary alternates
______ next to a line item means no extra cost
for this item. (NC means No Cost)
A “dash”
1.can be considered the
acceptance to the owner’s offer (RFP or IFB), or it
can be considered an offer from the contractor
to undertake the owner’s project.
2. May follow a prescribed format provided by the
owner, or be presented on the company’s
letterhead in case of absence of a specific
format.
3. Permits the owner to compare and evaluate
different submitted bids.
4. Providing a specific format simplifies the
comparison and evaluation process.
The Proposal
1. Name and address of the owner.
2. Title and scope of the project.
3. Opening statement: showing bidders limit of services provided,
and responsibilities undertaken.
4. Bid amount: in words and figures.
5. Date of submittal and timeframe for validity of proposal.
6. Name and address of contractor: including authorized
representatives’ signatures.
7. Receipt of addenda: acknowledging receipt of any issued
addenda.
8. Alternate Bids: clearly separate from original bid.
9. Time of completion: Whether it is in calendar days or work days.
10. List of subcontractors and suppliers/manufacturers.
11. Unit prices: to assist in change order evaluation.
Elements of the proposal
____________ are changes to the base bid.
alternates or substitutions
- is a change called for by the Owner
through the bid documents. - Can be either additive or deductive.
- Used to compare costs of different available solutions
or substitutes, or when finances are not certain. - Should not be used to replace the lack of knowledge of the A/E about cost.
- Should be used in moderation as it creates a wider
variety for comparison.
Bid Alternates
is a formal change initiated
by the Owner or his agent (The A/E) to the bid
(requirements, documents, conditions, scope,
etc.) during the bidding process
.
Addendum
If the change is initiated after a contract has been signed it is called________________.
Contract Change or a change Order
- Correction of errors or discrepancies in specs. Errors in drawings are corrected through an updated revision of the drawings. All revisions should be conveyed to all bidders uniformly.
- Making owner initiated changes.
- Furnishing clarifications in response to questions raised by bidders. Same answers should be given to all bidders.
- Additions, deletions, or modification of products to include “or equal”.
- Changing previously stated requirements including due date, period of validity of bids, or other important conditions.
Reasons for Addenda
Limit the amount and ____ of addenda
magnitude
Issue ____ only when necessary and with ample time for bidders to properly evaluate them to incorporate their effect on time and cost.
addenda
Issue addenda only in ______.
Written form
Ensure and acknowledge _______ of all questions from bidders, and all addenda to bidders.
receipt
- Name of the project.
- Addendum number (in case of several addenda).
- Date of issuance.
- Items affected by addendum, if any.
- Provisions for receipt procedure (signing, faxing, etc.).
- Name and address of issuing office (Owner or A/E).
- Reason for issuing.
- Any modification to bidding milestones (submittal, opening, validity, etc.)
- Changes made through addendum.
Elements of the
Addendum
Provisions having wide application over multiple projects are called ________.
“General Conditions of the Contract”.
Their purpose is to spell out the contract conditions by defining roles, duties, responsibilities, and authorities of different parties involved in or affected by the contract.
Conditions of the contract
Essential part of the agreement between owner and
successful bidder.
Conditions of the contract
Conditions of the contract are usually bound with _____, and included by
reference in other bid/contract documents.
specifications
Usually prepared by an attorney or legal professional.
Conditions of the contracts
- Many professional and industry associations (AIA,
AGC, ACE, AASHTO) have prepared and published
standard versions of proprietary general conditions. - These standard versions gain acceptance and
perfection over time. - They are reviewed periodically to reflect any major
changes in trends in the construction market. - They are prepared in consultation with legal
personnel, and their interpretation by courts helps
establish precedence for future cases.
Standard forms
Best used in their original format, without retyping
or reformatting by the A/E.
They permit contractors and other users to work
with a familiar document, thus saving time and
reducing chances for misinterpretations.
Standard forms
- _____ Standard documents should be kept to a minimum to the general conditions to avoid any problems understanding and interpreting them.
- Such changes should be included in the special
(particular conditions).
Changing
- Definition of contract documents.
- Duties and responsibilities of contract parties.
- Duties and responsibilities of A/E (or CM if any)
- Subcontractors.
- Separate contracts.
- Time aspects of the contract.
- Payment method (Schedule, method of measurement, interim and
final payments, etc.). - Insurance and bond requirements.
- Mechanism for issuing changes to the works.
- Dispute resolution method/s
- Miscellaneous provisions
Content of General
Conditions
- Also known as
Special conditions, supplemental
conditions, or Particular conditions
. - Cover provisions not covered in the general
conditions, or override and modify the provisions
in the general conditions.
Supplementary Conditions
What are special conditions mainly used for?
- Modify provisions within the general conditions.
- Effect additions or deletions from general conditions.
- Limit or delimit provisions in general conditions.
It should be well understood that the contract
documents should be read and construed as
one entity, with its different elements explaining
and ___________ each other.
complementing
- The special conditions are considered part of the
general conditions, which should be explicitly
mentioned in both documents. - In case of conflict or contradiction, the ______ have a higher priority, and override
the ___________.
special conditions, general conditions
Determining the prevailing area wage to be
paid for different trades in case the project is wholly or partially funded through federal money.
Davis-Bacon Act:
Requiring the bidders/contractors to use only
American-made goods or products. This may apply to all or part of the project, or at least for the elements having an equal manufactured in the US.
Buy America Act:
Giving preference to local or in-state
contractors over out-of-state contractors. Same provisions might apply to subcontractors and suppliers/manufacturers.
State Preference Act:
Through VEIC and VECP, encouraging contractors to submit their input on the design/construction methods and materials during the construction phase, with sharing in the money saved according to pre-set ratios
.
Value Engineering:
- Temporary Facilities:
Sanitary facilities, enclosures, access roads,
utilities, etc. (Contractor will usually pay for them.) - Shop Drawings:
Number of copies, cycle of approval, liability and
responsibility for accuracy and correctness, etc. - Plan of Operations:
Coordination with owner, other contractors, etc. - Reporting of Cost Information:
Special items requested by the owner. - Field Office:
Provided by the contractor for the use of the owner,
A/E, CM, etc. - Payment:
Schedule of payments, retainage, retainage release,
warranty period, etc. - Construction Schedule:
Preparation, approval, updates and
maintenance, etc. - Permits:
Who will provide them, who will pay for them, etc. - Insurance:
Usually contractor pays for it, unless otherwise stated. - Cleaning up: Including demobilization and process for handing-over to the owner upon completion or substantial completion.
Sample clauses
