Leopardo Companies Inc.
Acme Hospital
Leopardo Companies Inc.
Acme Hospital
3.10
PHASES OF CONSTRUCTION
A. [NOTE: FOR PUBLIC PROJECTS MAKE SURE TO VERIFY THAT WE ARE HANDLING ALTERNATES IN A MANNER THAT DOES NOT VIOLATE THE COMPETITIVE BIDDING STATUTES OR ORDINANCES. FOR K-12 SCHOOL PROJECTS IN ILLINOIS, ALTERNATES ARE PERMISSIBLE.] Each Bidder must bid on all Alternates listed in the Bid Proposal that are applicable to its Bid Category. Alternates will be fully considered in awarding the Agreement. B. The [Owner and/or Leopardo Companies Inc.] shall be allowed a period of [INSERT DURATION] Days after date of receipt of the Bid Proposals to exercise the right to accept or reject any or all Alternates submitted on the Bid Proposal.
A. The Bidder, if awarded the Agreement, agrees to proceed under the method known as phased construction whereby construction commences prior to completion of all working drawings for subsequent Work.
B. The Project has been and may be bid in the following phases:
BID PACKAGES
ESTIMATED DUE DATE
BID PACKAGE 1 - Foundations & Framework
2/1/2006 2/1/2006
BID PACKAGE 2 - M/E & Interiors
C. Successful Bidders shall perform all Work required for complete execution of accepted Alternates, and the Bid Proposal shall include all overhead and profit for the Work required.
C. Bidder shall acquaint itself with the nature and content of the other Bid Packages of this Project. Bidder shall be familiar with the current phase(s) of construction and the extent of how this and the other Bid Packages affect its Work.
3.06
VOLUNTARY ALTERNATES
3.11 OTHER BID CONSIDERATIONS [INSERT APPROPRIATE SECTIONS OF PARAGRAPH 3.11 IF REQUIRED BY CONTRACT FOR THE PROJECT]
A. [NOTE: OMIT FOR PUBLIC PROJECTS UNLESS IT IS VERIFIED THAT THIS PROCEDURE IS ALLOWED UNDER APPLICABLE LAW OR ORDINANCE. VOLUNTARY ALTERNATES ARE TYPICALLY NOT ALLOWED IN A PUBLIC BIDDING CONTEXT] All Bid Proposals must be based upon the Contract Documents. In addition to a Base Bid Proposal, the submission of voluntary Alternates is acceptable and encouraged. If a voluntary Alternate is submitted for consideration, it shall be expressed on the bid form as an add or deduct amount from the Base Bid. If a voluntary Alternate is submitted, the Bidder shall also submit sufficient information in the form of drawings, specifications, test data, delivery dates, scheduling issue considerations, and all other information necessary and sufficient for analysis of the Alternate. The [Owner or Owner and Leopardo Companies Inc.] reserve the right to unilaterally accept or reject voluntary Alternates and to determine if the voluntary Alternates will be considered in the awarding of the Agreement.
A. PREVAILING WAGES – [DETERMINE IF APPLICABLE TO YOUR PROJECT – THEY ARE ALMOST ALWAYS REQUIRED ON K-12 PUBLIC SCHOOL WORK IN ILLINOIS] The successful Bidder and its Subordinate Parties shall comply with the Prevailing Wage requirements described in Section 00870 Labor Relations in the Project Manual and be in good standing with the union. B. [THIS SECTION IS FOR INSERTION OF A NON-PASS THROUGH LIQUIDATED DAMAGES (LDs) CLAUSE, WHICH ONLY MAY BE USED WITH MARKET VICE PRESIDENT APPROVAL. THIS TYPE OF CLAUSE IS INFREQUENTLY USED BECAUSE (1) IF WE HOLD THE TRADE CONTRACTS, WE WILL USE SUBCONTRACTUAL LANGUAGE TO “PASS THROUGH” THE LDs FROM THE PRIME CONTRACT TO OUR SUBCONTRACTORS, AND (2) WHEN WE DO NOT HOLD THE TRADE CONTRACTS, IT IS INFREQUENT THAT THE OWNER WANTS US TO INSERT LDs INTO THE TRADE CONTRACTS, ANYWAY. IF YOU HAVE A PROJECT WITH LD EXPOSURE AND ARE NOT SURE IF YOU HAVE SET UP ADEQUATE “PASS THROUGH” LANGUAGE, OR IF YOU NEED TO INSERT A NON-PASS THROUGH LIQUIDATED DAMAGES CLAUSE AT OWNER’S REQUEST, PLEASE CONTACT THE LEGAL DEPARTMENT FOR ASSISTANCE. THIS ITEM B MAYBE DELETED IN IT’S ENTIRETY]
3.07
UNIT PRICES
A. Each Bidder must bid on all unit prices listed in the Bid Proposal that are applicable to its Bid Category. Unit Prices will be fully considered in awarding the Agreement.
B. Successful Bidders shall perform all Work required for complete execution of accepted Unit Prices, and such Unit Prices shall include all overhead and profit for the Work required.
3.08
SALES TAX
PART 4 - BIDDING PROCEDURE
A. Unless specifically stated otherwise in Section 00880 of the Project Manual, this Project is subject to state Sales Tax and/or Use Tax and the Bidder’s Bid Proposal shall include all applicable sales and use tax. [VERIFY WITH OWNER AND MODIFY THIS PARAGRAPH ACCORDINGLY] .
4.01
FORM AND STYLE OF BIDS
A. Bid Proposals shall be submitted in triplicate on the Bid Proposal Form included in Section 00400 with the Bidding Documents.
3.09
NO DISCRIMINATION
A. All Bidders shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, age, marital status, sexual orientation, or disability and in conformance with local, state and federal laws, regulations and ordinances. [SECTIONS B AND C MAY BE DELETED IF MBE/WBE REQUIRMENTS ARE NOT MANDITORY] B. In regard to any Agreement entered into pursuant to this Bid Package, minority and women owned business enterprises will be afforded full opportunity to submit Bid Proposals in response to the Advertisement to Bid and will not be discriminated against on the grounds of race, color, religion, sex, national origin, age, marital status, sexual orientation, disability or any other status protected by applicable law..
B. All blanks on the Bid Proposal Form shall be filled in by typewriter or manually in ink.
C. Where so indicated by the makeup of the Bid Proposal Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.
D. All interlinear marks, alterations or erasures shall be initialed by the signer of the Bid Proposal.
E. [NOTE: FOR PUBLIC PROJECTS MAKE SURE THAT ALTERNATES ARE ALLOWED UNDER THE APPLICABLE BIDDING LAWS AND ORDINANCES AND THAT WE HAVE SET UP THE BID FORM TO COMPLY WITH THESE LAWS AND ORDINANCES. IF YOU ARE UNSURE, CONTACT THE LEGAL DEPARTMENT FOR ASSISTANCE.] All requested Alternates and/or Unit Prices shall be bid. A dollar amount of each Alternate and/or Unit Price in both words and numerals,
C. [INSERT IF REQUIREMENTS ARE EXPANDED - See Section 00860 Work Force Diversity, in the Project Manual for additional requirements]
PROJECT MANUAL – REV DATE: 7/04 SECTION 00200 – Instructions to Bidders
00200-5
ISSUE DATE: January 1, 2006
PROJECT MANUAL – REV DATE: 7/04 SECTION 00200 – Instructions to Bidders
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ISSUE DATE: January 1, 2006
Leopardo Companies Inc.
Acme Hospital
Leopardo Companies Inc.
Acme Hospital
even if the amount is $0.00, shall be included. Terminology such as "No Bid", "Not Applicable", "No Change" or "Does Not Apply" shall not be used. If the Alternate and/or Unit Price does not apply to the Bidder, an amount of $0.00 shall be included. F. Each copy of the Bid Proposal shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract of the size and scope of the Agreement. A Bid Proposal by a corporation or LLC shall further indicate the state of incorporation or registration. A Bid Proposal submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. G. The Work of an individual Bid Category described in these documents is the sole responsibility of the successful Bidder for that Bid Category. Bids will only be accepted on the full scope of Work outlined by this Bid Package/Bid Category. The Work of each Bid Category is described in Section 00220 Work Scopes. H. Each Bid Proposal received shall be in strict conformity with the requirements of the Bidding Documents, including, but not limited to, the Description of the Work/Special Provisions, Work Scopes and Scheduling information. 4.02 BID SECURITY [NOTE: FOR PUBLIC PROJECTS, VERIFY THAT THIS SECTION COMPLIES WITH THE APPLICABLE PUBLIC BIDDING STATUTE OR ORDINANCE. IF BID SECURITY IS NOT REQUIRED THEN OMIT THIS SECTION ITS ENTIRETY] A. Bid security in the form of a bid bond issued by a qualified surety, certified check or cashier's check in the amount of five percent (5%) of the Base Bid amount will be required at the time of submission of the Bid Proposal. Bid bonds shall be duly executed by the Bidder, as principal and by a surety that is properly licensed and authorized to do business in the state in which the Work is to be performed. All sureties providing bonds for this Project must be listed in the latest version of the Department of Treasury’s Circular 570, entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”, with the bond amount less than or equal to the underwriting limitation, and/or have an A.M. best rating of A- or better. B. Bid bond shall pledge that the Bidder, with the understanding that if its Bid Proposal is accepted, will enter into the Agreement with the Leopardo Companies Inc. for any of the Bid Category(ies) accepted from its Bid Proposal and will, if required, furnish performance and payment bonds covering the faithful performance of the Agreement and the payment of all obligations arising there under. The attorney-in-fact, who signs the surety bond must submit along with the bond, a certified and effectively dated copy of his/her power of attorney.
4.03 SUBMISSION OF BIDS [VERIFY THAT THE PROCEDURE COMPLIES WITH THE APPLICABLE BIDDING LAW OR ORDINANCE]
A. All copies of the Bid Proposal, the bid security and any other documents required to be submitted with the Bid Proposal shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address, if applicable, the designated portion of the Work for which the Bid Proposal is submitted. If the Bid Proposal is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face of the envelope. B. Bid Proposals shall be deposited at the designated location prior to the time and date for receipt of Bid Proposals indicated in the Advertisement to Bid, or any extension thereof made by Addendum. Bid Proposals received after the date and time for receipt of bids may be returned unopened.
C. The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bid Proposals.
D. Oral, telephonic, facsimile or telegraphic Bid Proposals or bid securities are invalid and will not receive consideration [MAY ADD IF NOT A PUBLIC PROJECT - unless previously agreed to, in writing, by Leopardo Companies Inc.]. Bid Proposals will only be accepted for individual Bid Categories. Bidders are required to bid an entire Bid Category. Bidders may bid more than one Bid Category. Combined bids covering several Bid Categories [will/may] not be accepted unless separate bid amounts are listed for each Bid Category making up the combined bid amount. The amount for a combined bid, however, need not be equal in amount to the total of the individual category bids. E. [NOTE: OMIT FOR PUBLIC/EDUCATION PROJECTS]
4.04
MODIFICATION OR WITHDRAWAL OF BID PROPOSAL
A. A Bid Proposal may not be modified, withdrawn or canceled by the Bidder after the stipulated time period and date designated for the receipt of Bid Proposals, and each Bidder so agrees in submitting its Bid. B. Prior to the time and date designated for receipt of Bid Proposals, any Bid Proposal submitted may be modified or withdrawn by notice to the party receiving Bid Proposals at the place designated for their receipt.. Such notice shall be in writing over the signature of the Bidder.
C. Withdrawn Bid Proposals may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these Instructions to Bidders.
C. Bid bond form AIA Document A310, is approved for use on this Project.
D. Bid security under B. or C., above shall be in an amount for the Base Bid as modified or resubmitted. [OMIT THIS ITEM D, IF THE BID SECURITY PROVISION ABOVE IN 4.03 IS NOT REQUIRED]
D. The bid security obligees shall be Acme Health System and the amount of the bid security shall become its property in the event that the Bidder fails, within [INSERT fifteen (15) OR APPROPRIATE] days of notice of award or receipt of the Agreement form, to execute the Agreement, and deliver the performance and payment bonds as described in the Project Manual, section 00610. In such case, the bid security shall be forfeited to the Leopardo Companies Inc. as liquidated damages, not as a penalty. E. The Owner will have the right to retain the bid security(ies) of Bidders to whom an award is being considered until either (a) the Agreement has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bid Proposals may be withdrawn, or (c) all Bid Proposals have been rejected. F. Bid security will be returned to the successful Bidders after the Agreement has been executed, and acceptance of required performance and payment bonds. The bid security of Bidders that are not under consideration for award of the Agreement will be returned to those Bidders.
PART 5 - CONSIDERATION OF BIDS
5.01
OPENING OF BIDS
A. Bid Proposals received on time will be opened [publicly/privately]. [INSERT IF REQUIRED - An abstract of the information may, at the discretion of the Owner, be made available to the Bidders within a reasonable time.]
B. Bid Proposals shall be held open and irrevocable for [INSERT - forty-five (45) OR APPROPRIATE DURATION] Days after the date for receipt of bids.
Return to Table of Contents
PROJECT MANUAL – REV DATE: 7/04 SECTION 00200 – Instructions to Bidders
00200-7
ISSUE DATE: January 1, 2006
PROJECT MANUAL – REV DATE: 7/04 SECTION 00200 – Instructions to Bidders
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ISSUE DATE: January 1, 2006
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