BIDDING-TENDER-CONTRACT
TENDERING PROCEDURE – AWARD OF TENDERS
ESSENTIAL ELEMENTS OF CONTRACTS
Types of contracts
MEASUREMENT BOOK
Security deposit
CONTRACT DOCUMENT
Earnest money deposit (EMD)
Qualification of contractors
IMPORTANT CLAUSES IN CONSTRUCTION CONTRACTS
Clause 14.9 Payment of Retention Money-Understanding Clauses in FIDIC ‘Condit...Divyanshu Dayal
•Retention money is held as a percentage of interim payments.
•Retention money is returned in parts after issue of taking over certificate and after expiry of defects notification period.
•In lieu of retention as percentage of interim payments, the contractor can issue a retention guarantee as agreed by the parties.
Clause 14.1 The Contract Price- Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Contract Price is an agreed amount or lump sum amount for the design, execution and completion of the works, remedying of defects and adjustments.
•The Contract Price is inclusive of all taxes, duties and fees and adjusted as per changes in legislation.
•The Contract Price is linked with variation, legislation, access to site, delay damages, provisional sum, costs, unforeseeable difficulties, employer’s risk etc.
BIDDING-TENDER-CONTRACT
TENDERING PROCEDURE – AWARD OF TENDERS
ESSENTIAL ELEMENTS OF CONTRACTS
Types of contracts
MEASUREMENT BOOK
Security deposit
CONTRACT DOCUMENT
Earnest money deposit (EMD)
Qualification of contractors
IMPORTANT CLAUSES IN CONSTRUCTION CONTRACTS
Clause 14.9 Payment of Retention Money-Understanding Clauses in FIDIC ‘Condit...Divyanshu Dayal
•Retention money is held as a percentage of interim payments.
•Retention money is returned in parts after issue of taking over certificate and after expiry of defects notification period.
•In lieu of retention as percentage of interim payments, the contractor can issue a retention guarantee as agreed by the parties.
Clause 14.1 The Contract Price- Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Contract Price is an agreed amount or lump sum amount for the design, execution and completion of the works, remedying of defects and adjustments.
•The Contract Price is inclusive of all taxes, duties and fees and adjusted as per changes in legislation.
•The Contract Price is linked with variation, legislation, access to site, delay damages, provisional sum, costs, unforeseeable difficulties, employer’s risk etc.
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Contracts and Tenders
When two or more persons have common intention communicated to each other to create same obligation between them there is said to be an agreement. An agreement which is enforceable by law is a Contract.
A Tenders is called upon for executing certain specified work, or supplying specified materials; subjected to certain terms and conditions like rates, time limit, etc. It is an offer in written form: Legally speaking, it is an offer to receive an offer for the work, within the specified financial limits.
Check for more presentations at - www.archistudent.net
This presentation includes:
1. What is tender and types of tender?
2. What is contract and types of contracts?
3. Process of inviting tender and awarding contract.
4. Important definitions:- EMD, SD, Bill of quantities, Quotation, etc.
On Tuesday, March 14, construction law attorney Mike Madigan hosted the second installment of Kegler Brown's 2017 construction law webinar series. Mike discussed key provisions that play a significant role in how risk is divided when it comes to CM-at-Risk Agreements and GMP Amendments.
Key terms to consider when negotiating cm at-risk agreements + gmp amendments
Edmonds Community College
1. Edmonds Community College
20000 68TH Ave. W
Lynnwood, WA 98036
425-640-1459
BID FORM CONTRACT
Our Project # 030715-15
Date 03/08/15
PROPOSAL FOR: Lynnwood Hall Library Lighting Retrofit
TO: Edmonds Community College
20000 68TH Ave. W
Snohomish Hall Room # 255
Lynnwood, WA 98036
Attn: Scott Haddock
Sir:
The undersigned, doing business under the name of THE ELECTRIC SMITH CO.
Having, examined the Request for Bid, including all Documents referenced therein, and
Addenda thereto, prepared by Edmonds Community College, and having familiarized
myself/ourselves with the project. The project site and any conditions which affect the
construction of the proposed project, including the availability of labor and materials, hereby
agrees/agree to execute a contract to furnish all labor, material and equipment and any other
miscellaneous items and services necessary to provide the proposed scope of work in accordance
with the Contract Documents.
A. Base Bid Price:
Our firm price is in the Lump Sum amount of Five Hundred Thousand Dollars and NO
Cents, ($500,000.00). Said bid price will be represented by a detailed itemization,
referred to as Schedule W. This Lump Sum amount includes all, Federal, State and local
taxes, including but not limited to, sales, use and excise taxes that may be, imposed on
materials or services provided under this proposal.
B. General Agreements:
1.) In submitting this Bid, the Undersigned agrees/agree and understands/understand that
this Bid is a firm offer continuing for sixty, (60) days from the date and time of Bid. By
submission of this, bid the Undersigned agrees/agree to execute a construction contract
for the work in the form provided with the Request for Bid.
2.) By submission of this Bid, the Undersigned agrees/agree and commits/commit to
performing the work with sufficient trained personnel to complete all work within the
scheduled time, frame. It is also understood that schedules, as issued, are subject to
change and the Undersigned agrees/agree to keep informed of said changes and abide
accordingly, notwithstanding strikes, work stoppages or labor disputes of any kind. The
Undersigned shall be liable to both the Owner and the General Contractor for all costs,
2. expenses and/or liabilities incurred by the Owner and/or General Contractor resulting
from delays on the job or for any other liability due to the Undersigned's failure to
perform as required by this paragraph. For purposes of this subcontract work stoppages
and/or labor disputes shall not be, under any circumstances, or for any reason, construed
as being beyond the Subcontractor's control.
3. The Undersigned has/have visited and examined the location of the proposed work and
is/are thoroughly familiar with the drawings, Specifications and related Contract
Documents.
4. The Undersigned understands/understand that Edmonds Community College reserves
the right to reject all Bids and has no obligation to enter into a Contract for the work. In
addition, it is, understood that all Bids become the property of Edmonds Community
College and there is no obligation to publish the results of any bids.
5. The Undersigned understands/understand that Edmonds Community College will not
be responsible for any errors of commission or omission incurred by the Undersigned in
the preparation of this Bid. The Undersigned further understands/understand that no
modification or withdrawal of this Bid will be, permitted after the Bid opening has
commenced.
C. Changes, Modifications and/or Revisions:
1. Changes, modifications and/or revisions that may occur in the work shall have
appropriate adjustments made in the Contract price, and the Undersigned agrees/agree
that the charges for extra work shall be determined in one of the following ways
Edmonds Community College:
a. By estimate and mutual acceptance of a Lump Sum, properly itemized or;
b. By cost plus a percentage fee.
2. If, such work is, to be added, or deducted by written change order from Edmonds
Community College and, such work is not covered by unit prices or Alternate Bids
quoted in this proposal. The cost of such changes shall be determined prior to the time the
work is ordered, and, at Edmonds Community College’s option, the Contract will be,
adjusted accordingly on the following basis:
a. Additional Work Performed by Subcontractors:
(1) Charges are to be the Subcontractor's estimated price for the work, agreed to
by the Owner, plus ten percent (10%) for overhead and profit.
b. Additional Work Performed by the Undersigned's Forces:
(1) Charges shall be, computed at the estimated cost for labor and material
entering into the work plus ten percent (10%) for overhead and five percent (5%)
for profit.
3. c. Work Omitted:
(1) Credit will be, allowed in, the amount of the actual savings in cost computed
on the same basis as for added work but without application of the above costs
covering the Undersigned's job supervision, general job expenses and the
percentage for overhead and profit.
d. Changes Resulting in Work Being Added or Omitted:
(1) Costs covering the Undersigned's job supervision (if applicable), general job
expense and the percentage for overhead and profit shall be applied to the new
difference only between the cost of work added and deducted if the net result is an
ADD.
e. Additional Costs for Supervision:
(1) There will be no, adds for supervision costs if the extra work is performed
concurrently with work already contracted. Should extra work extend or,
performed after contracted work has been, completed, supervision costs may then
be added for the time from when contracted work was completed to when the
extra work was completed.
(2) Supervision costs will only be, paid for once during any period of
construction. At no time will the Subcontractor include these costs in Lump Sum
or Time and Material, change order requests unless they are, permitted above, or,
in case of Time and Material work in which the Superintendent actually performs
the work and this is, verified by, the Contractor's Project Superintendent.
f. Premium Time Costs:
(1) When a Subcontractor has been, directed to perform contracted work on an
overtime basis, said Subcontractor, shall submit only the premium time cost for
labor, documented by signed time tickets, plus ten percent (10%) allowable mark-
up for overhead. Additional, mark-up for profit on already contracted work will
not be, permitted.
g. Job Progress:
(1) The Undersigned agrees/agree not to delay job progress of any work pending
final determination of value for the revised scope, provided the Undersigned
receives/receive written authorization to proceed from Edmonds Community
College.
D. Contract Bond/Evidence of Insurance:
The Undersigned agrees/agree to execute and abide by the form of the Contract provided to the
Undersigned with this Bid Form, and to furnish, at the time of execution of the Contract,
guaranty bonds and evidences of insurance as specified in the General Conditions.
4. E. Addenda:
Receipt of Addendum/Addenda # 030715-15ad is/are hereby acknowledged.
F. Return of Plans and Specifications:
If not the successful bidder, I/we agree to return the Plans and Specifications, Addenda and all
other Contract Documents heretofore furnished to me/us as soon as the Contract is, awarded to
the successful bidder, including any additional copies.
G. Contractor's License: The Undersigned is, licensed to perform the proposed scope of work
described herein and holds Washington State Electrical Contractor License # ELESMIM954LD,
Classification General, with a license limit of none.
H. Contractor's Washington UBI # 166-004-752
I. Contractor's Bonding Agent: North American Specialty Ins. Co., Bond Account # 3283772,
Bond Amount $5,000.00
J. Contractor’s Insurer: Nationwide Ins. Co., Policy # EC2435733, Policy Amount
$1,000,000.00
Respectfully submitted this 8th day of March 2015
Bidder's Legal Name: Thomas R. Smith
(Signature) _________________________
(Title) Owner
Bidder's Legal Address: 21801 44th Ave West
Mountlake Terrace, WA 98043
Telephone Number: 425-640-1026
Type of Organization: Corporation