5-CSP Instruction to Bidders.pdf

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

TABLE OF CONTENTS

INSTRUCTION TO BIDDERS

BIDDERS COMMUNICATION

GENERAL INFORMATION................................................................................................................... 1.0

PREBID ............................................................................................................................................... 2.0

PROPOSAL SUBMISSION................................................................................................................... 3.0

INTERPRETATION OF COMPETITIVE SEALED PROPOSAL DOCUMENTS ..................................... 4.0

SUBSTITUTIONS OF MATERIALS AND EQUIPMENT ....................................................................... 5.0

BID BOND/BID GUARANTEE .............................................................................................................. 6.0

PERFORMANCE BOND AND PAYMENT BOND ................................................................................. 7.0

INSURANCE ........................................................................................................................................ 8.0

EVALUATION CRITERIA AND RELATIVE WEIGHTS .......................................................................... 9.0

SUBMISSION OF POST COMPETITIVE SEALED COMPETITIVE INFORMATION .......................... 10.0

NOTICE TO PROCEED .................................................................................................................... 11.0

COMPLETION TIME ......................................................................................................................... 12.0

RETAINAGE ..................................................................................................................................... 13.0

ASBESTOS, LEAD AND PCBS CONTAINING MATERIALS .............................................................. 14.0

AVAILABILITY OF MATERIALS AND SYSTEMS .............................................................................. 15.0

USE OF ASBESTOS FREE MATERIALS, PRODUCTS AND SYSTEMS ............................................ 16.0

Instructions to Bidders:

Bidders Communication

Please remember that during the selection process, we desire to avoid even the perception of preferential treatment.

Therefore:

• Other than the designated contact person listed in this CSP: All Communication regarding this CSP with district employees, staff, consultants (Architects/Engineers), or Board members is strictly forbidden and may result in disqualification.

• All requests for clarification must be provided in writing to the designated person.

• The answer to the request for clarification and all other communication, clarification, or questions regarding this CSP will be issued in writing by addenda to all participants.

The district electronic bidding portal https://fortbendisd.bonfirehub.com/portal/ is the source for all CSP documents and direction; Addenda, Proposal packet, Drawings and specifications.

• VERY IMPORTANT

• Communication regarding this CSP with district employees, staff, consultants (Architects/Engineers), or Board members is strictly forbidden and may result in disqualification. (Other than the designated contact person listed in this CSP.)

https://fortbendisd.bonfirehub.com/portal/

CSP Process for Successful Bidders

1.0 GENERAL INFORMATION

1.1 The Proposer will furnish and pay for a bid bond in the form of a bid bond, postal money order, certified check or cashier’s check in the amount of five percent (5%) of the total greatest amount, bid including any applicable alternates, in accordance with Section 6.0.

1.2 If awarded, the Bidder shall furnish and pay for a Performance Bond and a Payment Bond each in the full contract amount in accordance with Section 7.0. Include this cost in your bid.

1.3 Bidder shall carry and keep in full force for the duration of the Project, insurance coverage for builder's risk, workmen's compensation, comprehensive general liability, and automobile liability as required by the General Provisions and/or Supplementary General Conditions of the Specifications, as outlined in Section 8.0.

1.4 The Bidder will assign a competent full-time superintendent, to the project, and that superintendent shall be maintained on the project for the duration of the project, subject only to his continuous employment.

1.5 During this process all communication regarding this CSP with district employees, staff, consultants (Architects/Engineers), or Board members is strictly forbidden and may result in disqualification.

(Other than the designated contact person listed in this CSP)

1.6 In accordance with Texas Government Code Section 2269, The Board of Trustees, as appropriate, has delegated its authority under this subchapter regarding an action authorized or required by this subchapter to be taken by a school district to the Ft Bend ISD Superintendent. In procuring the construction services, the Board of Trustees has delegated the ranking, selection, or evaluation of bids.

1.7 In determining the award of contract and in accordance with Texas Government Code Section 2269, the district may consider: the price, the offeror's experience and reputation, the quality of the offeror's goods or services, the impact on the ability of the governmental entity to comply with rules relating to historically underutilized businesses, the offeror's safety record, the offeror's proposed personnel, whether the offeror's financial capability is appropriate to the size and scope of the project; and any other relevant factor specifically listed in the request for bids, proposals, or qualifications.

1.8 Evaluation of the proposed substitutes/deviations does not constitute Owner’s acceptance of the substitutes/deviations but can be considered during negotiations.

1.9 In accordance with Texas Government Code Section 2269, The district shall select the offeror that submits the proposal that offers the best value for the governmental entity based on:

o the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and o its ranking evaluation.

1.10 In accordance with Texas Government Code Section 2269 the Board of Trustees has determined the method that provided the best value for the district is the Competitive Sealed Proposal method.

1.11 In accordance with Texas Government Code Section 2269 the district shall publish in the request for proposals or qualifications the criteria that will be used to evaluate the offerors, and the applicable weighted value for each criterion.

1.12 In accordance with Texas Government Code Section 2269 the district shall document the basis of its selection and shall make the evaluations public not later than the seventh day after the date the contract is awarded.

1.13 In accordance with Texas Government Code Section 2269, the district will receive, publicly open, and read aloud the names of the offerors and their bids.

1.14 In accordance with Texas Government Code Section 2269, the district will evaluate and rank each proposal submitted no later than 45 days after the opening.

1.15 In accordance with Texas Government Code Section 2269, The district shall first attempt to negotiate a contract with the selected offeror. The district and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the district is unable to negotiate a satisfactory contract with the selected offeror, the district shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.

2.0 COMPETITIVE SEALED BID DOCUMENTS PRE-BID

2.1 A Pre-proposal conference will be held as required. Representatives of the Owner, and design team will be present at this meeting. All Bidders are encouraged to attend.

3.0 COMPETITIVE SEALED PROPOSAL PACKET

3.1 Bids will be received only on the Owner's “Bid Form” for the work as indicated by the proposal documents, filled in, and submitted in Bonfire as listed below. Bids will be received at no other place.

3.2 Bonfire Submittal Organization

SUBMIT PROPOSAL PACKET THROUGH:

https://fortbendisd.bonfirehub.com/portal/

Submission Package “A” CSP Cover Page

Addenda Acknowledgment Section Bid Bond Base Bid Form

DUE on Bid Day at 2:00 PM

All required Forms DUE on Bid Day at 2:00 PM Financial Section DUE on Bid Day at 2:00 PM Safety Manual DUE on Bid Day at 2:00 PM

Submission Package “B” Submit Through Bonfire E-Bidding Portal Package “B” DUE same day at

3:00PM

Alternate Pricing

Submission Package “C” SBEP commitment Submission Submit Through Bonfire E-Bidding Portal

Package “C” DUE same day at 3:00PM

4.0 INTERPRETATION OF COMPETITIVE SEALED PROPOSAL DOCUMENTS

4.1 Bidders and sub-Bidders requiring “CSP” clarification or interpretation of the CSP documents shall make the request in written form, by email to FBISD buyer listed in the CSP documents.

4.2 Any interpretation, correction or change of the CSP documents will be made by Addendum and posted to our website. Interpretations, corrections or changes of the CSP documents made in any other manner will not be binding.

5.0 SUBSTITUTIONS OF MATERIALS AND EQUIPMENT

5.1

5.2

5.3

5.4

5.5

Substitutions of Goods. The materials, products and equipment described in the CSP documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. The materials and equipment named in, and the procedures covered by these specifications have been selected as a standard because of quality, particular suitability or record of satisfactory performance. It is not intended to preclude the use of equal or better See (Part V, Section 3.9 of General Provisions) If the Owner/Engineer approves any proposed substitution prior to receipt of bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

No deviations are allowed in the base bid or base bid adjustment. Any deviation from the Base Bid shall be submitted as Alternate No. 2 on the Deviations Form.

Evaluation of the proposed substitutes/deviations does not constitute Owner’s acceptance of the substitutes/deviations but can be considered during negotiations.

Price scores will be based on the base bid plus/minus the base bid adjustment which must be in adherence to all plans and specifications published.

6.0 BID BOND/BID GUARANTEE

6.1 Bid bonds are required for bids in excess of $25,000. A Bid bond will be submitted in the form of a Bid bond, postal money order, certified check or cashier’s check in an amount not less than five percent (5%) of the total greatest amount bid, including any applicable alternates, payable without recourse to Fort Bend Independent School District. Failure to furnish a bid guarantee in the proper form and amount by the time set for opening may be cause for rejection of the bid. If the successful Bidder, upon acceptance of his bid by the District within the period specified therein for acceptance, fails to execute such further contractual documents, if any, and give such bond(s) (i.e., performance bonds, payment bonds, delivery, etc.) as may be required within the time specified (ten [10] calendar days if no period is specified) after receipt of the forms by him, then he shall be liable for any cost of procuring the work which exceeds the amount of his bid, and the bid guarantee shall be available toward offsetting such difference.

7.0 PERFORMANCE BOND AND PAYMENT BOND

7.1 Performance bonds are required for bids in excess of $100,000. Payment Bonds are required for bids in excess of $25,000 Gov’t Code 2253.021

7.2 .When a performance or payment bond is required, the amounts shall be for 100% of the contract amount (including contingency). Any required bond(s) must be filed with the District within 10 days from the date of the Notice Of Award.

7.3 The only forms of surety acceptable as a performance or payment bond are: Cashier's Check, Certified Check, or a Surety or Blanket Bond from a company chartered or authorized to do business in Texas. Bonds completed (signed) by an out-of-Texas surety require a counter signature by a Texas resident agent of a company chartered or authorized to do business in Texas.

7.4 Bonds and other forms of surety must be made payable to Fort Bend Independent School District.

7.5 Bonds in excess of $100,000 must be from a surety that holds a Certificate of Authority from the United States Department of Treasury or have reinsurance for liability in excess of $100,000 from a United States Treasury listed reinsurer.

7.6 Payment and Performance Bonds must be in accordance with Texas Government Code 2253.

8.0 INSURANCE

9.0 EVALUATION CRITERIA AND RELATIVE WEIGHTS

In accordance with Government Code Section 2269.056 the applicable weighted value for each criterion is published in the front pages of the CSP package.

9.1 Proposal Delivery and Organization

Offeror is to organize the Proposal in the following format:

1) To comply with Government code chapter 2269.059 your submittal must be sealed before delivery.

Provide the requirements listed below in the order provided.

1.1 Provide with the Proposal Base Bid Form (Submit in Bonfire Proposal Bid Form Section):

• Addenda Acknowledgment Sheet

• Bid Bond

• Proposal Base Bid Form

1.2 Provide the district and statute required forms in Bonfire Under Required Forms Section:

• No Response Form(Optional)

• Contractor Informational Form (Required)

• Contractor Questionnaire (Required)

• Bonding Capacity Certification Letter (Required)

• Proposal Submission Form (Required)

• Non-Collusion Certification (Required)

• Certificate of Residency (Required)

• Affidavit of Non-Discriminatory Employment (Required)

• Contractor Certification (Required)

• Felony Conviction Notification (Required)

• Vendor Debarment Statement (Required)

• Conflict of Interest Questionnaire (Required)

• Certification regarding Lobbying (Required)

• Confidential Copyrighted Information (Required)

• Owner(s) Name of Business (Required)

• Delinquent Taxpayers (Required)

• Identification Number & Certification (Required)

• Fort Bend ISD Contractor and Subcontractor

Participation Form (Required)

• Certificate of Interested Parties Form 1295 (Required)

• Forms Certification (Required)

• Per Govt. Code 2270.002, provide written verification that the company does not boycott

Israel and will not during the term of the contract.

1.3 For Proposals Formal Submission: Provide in Each Section in Bonfire as listed below. Provide information that details the evaluation response for each of the following criteria. Must be in the location specified in Bonfire.

• Section ONE (Offeror’s Experience and Reputation)

• Section TWO (Quality of the Offeror’s Goods and Services)

• Section THREE (Offeror’s Proposed Personnel)

• Section FOUR (Other Relevant Factor- Plan and Schedule)

1.5 Financial Section (Submit in Bonfire Offeror’s Financial Section) “Financial stability and bonding capacity” (all financial information provided in Bonfire is confidential)

1.6 Safety plan and safety record” (Submit in Bonfire Safety Manual Section)

1.7 Alternate Bid Proposal Submission (Submit in Bonfire Package “B” Section)

• Alternate Bid Proposal Form

• Deviation Form (if Applicable)

1.8 SBEP commitment” submission (Submit in Bonfire Package C Section)

9.2 Relative Weights

To determine the best value bidder, the Owner will evaluate the responses and information submitted on the Bid Form, Contractor’s Information Statement Form and other bid documents in regards to the following criteria:

1) “The Price” Texas Government Code 2269.055.a (1) The price.

1.1)

1.2)

1.3)

1.4)

Proposed construction contract price (base price plus alternates as defined on the bid form).

Contract price shall include both base price and accepted alternate price as defined on the bid form. The final weighting distribution will be a calculated percentage.

No deviations are allowed in the base bid or base bid adjustment. Any deviation from the Base Bid shall be submitted as Alternate No. 2 on the Deviations Form.

Evaluation of the proposed substitutes/deviations does not constitute Owner’s acceptance of the substitutes/deviations but can be considered during negotiations.

Price scores will be based on the base bid +/- the base bid adjustment which must be in adherence to all plans and specifications published.

2) “FORMAL SUBMISSION SECTION ONE – “Offeror’s Experience and Reputation”

Texas Government Code 2269.055.a (2) The offeror’s experience and reputation.

2.1) Provide three (3) letters of reference for projects completed in the past one (1) year from major suppliers and/or sub-contractors which specifically address the bidder’s history of paying sub-contractors and material providers on time.

2.2) List current or past FBISD projects completed within the past five (5) years of similar scope and size.

2.3) List current or past projects with other school district completed within the past five (5) years of similar scope and size.

2.4) Letters of reference from Director of Facilities/Operations/Maintenance & from campus on housekeeping and cleanliness from FBISD and/or other school district

2.5) The district staff will contact the Owners, identified in the list of current of past K-12 projects or Non K-12 projects completed within the past five (5) years of similar scope and size. References may be conducted by FBISD staff to ascertain the following:

• The quality of the work provided by bidder.

• The bidder’s history of providing warranty documents.

• The bidder’s history of timeliness in completing warranty work.

• The bidder’s history of staying on schedule.

• The bidder’s cooperative attitude when working with the owner and its architect in resolving construction issues.

• The bidder’s history of providing detailed documentation and a fair assessment of change order pricing.

• The bidder’s history of repeat business with owner(s).

2.6) Provide a detail of your history of on-time project completion. The district may verify the bidder’s history based on references contacted by FBISD Administrative staff.

2.7) List all claims, judgments, arbitration proceedings or suits pending or outstanding against your company or its officers. Summarize the nature of the claims.

3) “FORMAL SUBMISSION SECTION TWO – Quality of the Offeror’s Goods and Services”

Texas Government Code 2269.055.a (3) The offeror’s experience and reputation

3.1) Include in the proposal; your firms’ philosophy on construction management, your sub-contractor selection process, details of managing conflicts, staffing issues, subcontractor disputes. Include your plan for operating on an occupied school site. Include your system for coordination with local jurisdictions, your methodology for quality control. Provide a statement in your work flow plan that indicates scheduling and timing of site meeting, coordination with owners, documentation, and your firm’s unique ability to satisfy the client. Include a project schedule/timeline with project specific parameters or limitations (e.g. evening, summer, holiday work).

3.2) Provide evidence of sufficient resources necessary to manage, staff and successfully perform the Work.

3.3) The bidder’s history of on-time project success

3.4) Provide a sample quality management plan that would include your role in substantiating conformance with the contract documents. Include in the plan your performance history for:

quality assurance/quality control, preconference processes, process for documenting and correcting nonconforming work, as well as the process and staff that would oversee this plan.

3.5) Provide cost saving ideas and associated cost.

3.6) Provide details of firms PMCS capabilities, include familiarity with major software packages, CAD coordination, and electronic filling, submissions, and transmittals.

4) Utilization of historically underutilized businesses Texas Government Code 2269.055.a (4). Not Applicable

5) Offeror’s Safety Record – “Safety plan and safety record” Texas Government Code 2269.055.a (5) The offeror’s safety record.

5.1

5.2

Provide your company’s safety program manual. (see submission process in section A above)

Provide OSHA No. 300 Log information for the past three (3) years regarding following points:

• Number of injuries and illnesses

• Number of lost time accidents

• Number of recordable cases

• Number of fatalities

• Number of employee direct hire fixed hours worked (round to 1,000's)

5.3 Provide your company’s safety orientation program for new employees.

5.4 State the frequency and provide evident of ongoing safety inspections as implemented in current projects.

5.5 Provide your company’s drug/alcohol prevention policy.

6) “FORMAL SUBMISSION SECTION THREE – “Offeror’s Proposed Personnel”

Texas Government Code 2269.055.a (6) The offeror’s proposed personnel – Resumes, experience, certifications, past specific experience with similar scope.

6.1 List individuals and provide detailed resumes of the positions for Project Manager, Assistant Project Manager, Project Superintendent, Assistant Project Superintendent and MEP Quality Control Specialist who will be assigned for the entire duration of the Project. Resumes should address the following points for each of the positions mentioned above.

• Amount of time assigned to project;

• Years of experience;

• Current project assignment and availability for this project

• Relevant K-12 experience;

• Certifications

• Include project available dates for key staff

7) “Offeror’s Financial Capability Appropriate to the Size and scope of the Project”

Texas Government Code 2269.055.a (7) whether the offeror’s financial capability is appropriate to the size and scope of the project

7.1 Submit Bond on FBISD mandated form.

7.2 Provide your company’s single limit coverage.

7.3 Provide your company’s aggregate/total available limit of coverage.

7.4 List your surety company and address following points.

• Years your company has had a business relationship with surety;

• AM Best Rating;

• Identify if surety company is registered in the State of Texas.

7.5 List projects your company has in progress. For each project listed address the following points.

• Name of project;

• Owner's contact person and phone number;

• Architect, Architect's contact person and phone number;

• Contract amount;

• Percent complete;

• Scheduled completion date;

• List total worth of work in progress and under contract.

7.6 Provide a recent financial statement for the organization that is proposing.

7.7 The financial statement should be attested to by a CPA, an Audit is preferred, a Review is acceptable, or a Compilation at a minimum.

AUDIT

• provides the highest level of assurance on an organization’s financial statement

REVIEW

• provides limited assurance on an organization’s financial statements

COMPILATION

• provides no assurance on an organization’s financial statement

7.8 The Financial Statement must address the following points:

• Your organization's latest balance and income statement showing current assets, net fixed assets, other assets, current liabilities and other liabilities;

• Indicate name and address of firm preparing financial statement, and date thereof;

• If the financial statement is not for the identical organization submitting offer, explain the relationship and financial responsibility of the organization whose financial statement is provided (parent, subsidiary, etc.)

7.9 If available, please list your company’s Dunn & Bradstreet risk rating.

8) “SUBMIT IN BONFIRE PACKAGE "C" – “SBEP commitment” Texas Government Code 2269.055.b (2) Any other relevant factor specifically listed in the request for bids or proposals.

8.0 Provide your Small Business Enterprise Program Proposal packet.

8.1 Small Business Enterprise Program

8.1.1 Owner has adopted a Small Business Enterprise Program to provide increased business opportunities for locally certified small businesses to competitively participate in contracting and procurement within FBISD. See FBISD Board Policy CV(Local), and the FBISD Small Business Enterprise Program.

8.1.2 Small Business Practices:

8.1.2.1 Describe your previous experience, involvement and approach in working with certified Small

Business firms; including level of effort, division of duties and providing opinions. Provide a statement detailing small business participation commitment.

8.1.2.2 For this Project FBISD has a small business participation goal of Twenty-Five Percent (25%).

8.1.2.3 At a minimum, your response must include: (a) Firm’s commitment to meeting the small business participation goal for the project (b) a description of previous projects where your firm has successfully subcontracted work to small businesses including the percentage (%) of work subcontracted to these firms under each project; (c) a narrative outlining your overall approach to subcontracting and how you will solicit small businesses for participation as part of this Project;

and (d) indicate what challenges you anticipate in attaining FBISD’s goal.

8.1.2.4 Describe your company’s process for the selection of subcontractors in accordance with the statutory procedures required for the solicitation of subcontractors under a Construction Manager-at-Risk delivery method, including your process for evaluating subcontractors’ performance while also incorporating a Small Business Development Program.

8.1.2.5 Provide a reference list of all customers noted in Past Performance References that included a Small Business or similar program where you have performed work similar to the type of work described in this CSP. Provide the contact person and the representative who served as the Small Business Development liaison, telephone number and email address.

8.1.2.6 If, in the opinion of the Evaluation Committee, the Proposal Response completely meets the stated small business participation goals, the total amount of eligible points will be awarded for small business participation, as indicated below.

Proposed SBE Subcontracting

Available Points

Less than 5% 0 5% - 9% 1

10% - 14% 2 15% - 19% 3 20% - 24% 4

25% or more 5

8.1.3 Points shall be awarded in accordance with the Proposal Response based on the prime vendor’s commitment to small business subcontracting stated in the solicitation document and the published point distribution sliding scale.

8.1.4 If the proposer itself is a certified Small Business who plans to self-perform work, the value of such self-performed work shall be included in calculating the eligible points for small business participation to the Small Business Proposer, in addition to the value of work subcontracted to another small business.

8.1.5 If the proposer itself is a not a certified Small Business, but has join-ventured with another certified Small Business, only the value of work to be self-performed by the certified Small Business Prime contractor will be included in calculating the eligible points for small business participation to the Small Business Proposer/joint venture, in addition to the value of work subcontracted to another small business.

8.1.6 Once selected, all prime construction contractors (“Contractor”) working with FBISD on SBEP eligible construction projects shall be required to submit the Fort Bend ISD Subcontractor Progress Assessment Form with each application for payment, requesting payment be made for Work performed by a subcontractor that qualifies as a “small business” under FBISD Board Policy CV (Local). The Contractor shall also ensure that, once Contractor makes the applicable payment to the Small Business Subcontractor, the Subcontractor completes the Fort Bend ISD Subcontractors/Subcontractors/Suppliers Payment Certification Form in its entirety. Contractor agrees to submit the completed copies to Owner with the next application for payment. The completed Fort Bend ISD Subcontractors/Subcontractors/Suppliers Payment Certification Form must be received by the Owner before any further payment will be made to Contractor for any Work performed.

8.1.7 Include with your submission the SBEP Participation Report

8.1.8 Include with your submission the Supplier Diversity Questionnaire

9.0 Award of the Contract

1.1 The Bidder to whom the award is made will be promptly notified. If a Bidder (a) withdraws his bid within 45 days after the date of time fixed for the opening of bids in the Request for Competitive Sealed Bids, or (b) fails or refuses to execute the Agreement, or other required forms within ten

(10) calendar days after the same are presented to him for signature, or (c) fails or refuses to furnish properly executed Performance Bond and Certification of Required Insurance within 10 calendar days of Notice of Award of the Project, the Owner may award the work to another Bidder or Bidders or, if applicable, may call for new bids.

2.2 The Bidder will be required to (a) submit his bid and Bid Bond, (b) execute Contract and Performance and Payment Bonds, and (c) submit Certification of required insurances.

1.3 Bid Bond is forfeited if bid is withdrawn after the CSP opening, or Contract Documents are not executed in accordance with the above.

10.0 SUBMISSION OF POST COMPETITIVE SEALED COMPETITIVE INFORMATION

The selected Bidder shall within ten (10) days after the Board of Trustees approves the award submit the following:

10.1 A designation of the work to be performed by the Bidder with his own forces.

10.2 An experience profile of the selected Bidder's superintendent scheduled to work on this project.

In addition, the apparent selected Bidder shall cooperate with the Owner, supplying requested information to substantiate the qualifications of the superintendent. If, in the opinion of the Owner, the superintendent does not qualify, the Owner may request the submission of another superintendent and more information. The Owner reserves the right to reject the apparent selected Bidder if an acceptable superintendent is not presented.

10.3 A list of names of subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the work as may be designated in the bid documents or, if no portions are so designated, the names of the subcontractors proposed for the principal portions of the work.

10.4 The selected Bidder shall within ten (10) days thereafter submit a statement of costs for each major item of work included in the bid. Each section of specifications will be considered a major item of work and shall be shown as a separate cost item.

11.0 NOTICE TO PROCEED

11.1 The Bidder shall not commence work under this Contract until he receives the written Notice to Proceed and the Contract is duly signed by the Owner.

12.0 COMPLETION TIME

12.1 The Owner has a critical need for the work to begin timely and be Substantially Complete by date provided on the Bid Form.

12.2 Having thoroughly familiarized himself with the conditions as they exist at the building sites and acquainted himself with the labor supply and the material market, the Bidder will state in his bid that he agrees to be substantially complete with the work by the date above.

12.3 Under the Base Bid, the successful Bidder will be subject to liquidated damages.

12.4 The definition of Substantial Completion, as defined in Article 9.8.1 of the AIA General Conditions and

Supplementary Conditions bound herein, is as follows: “Substantial Completion is the stage in the progress of the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use”.

13.0 RETAINAGE

13.1 Contracts will bear a retainage of five (5) percent (%) on each partial disbursement.

14.0 ASBESTOS, LEAD AND PCBs CONTAINING MATERIALS

14.1 The use of any construction process or the installation of any asbestos, lead and PCBs or material containing asbestos, lead and PCBs is strictly prohibited for this Project.

14.2 Prior to submitting a bid, Bidders shall notify the Project Manager, in writing, of any materials in these specifications which are known to contain or are likely to contain asbestos, lead or PCBs.

14.3 Prior to payment of retainage and final payment the Contractor shall furnish a notarized statement certifying that no asbestos, lead and PCBs containing materials have been used in the Project.

14.4 In addition to the Contractor's notarized statement, the Subcontractors will be required to furnish notarized affidavits that no asbestos, lead, and PCBs containing products have been used in this Project.

15.0 AVAILABILITY OF MATERIALS AND SYSTEMS

15.1 A serious effort has been made to select only materials that are asbestos free and systems that are readily available. As far as is known at bid time all items are either available "off the shelf" or within a relatively short period of time. If during the bid period, an Bidder becomes aware of an availability or delivery problem with any of the specified systems or materials or if they contain asbestos, he should notify the Project Manager immediately. The Project Manager will promptly explore possibilities for selecting other systems or materials which would circumvent the problem and notify Bidders of any changes in an addendum, otherwise it will be understood that only specified systems and materials that are asbestos free are included in the bids.

16.0 USE OF ASBESTOS FREE MATERIALS, PRODUCTS AND SYSTEMS

16.1 The Contractor is reminded to refer to the Section above for requirements during the bid period and the following requirements during performance of the Work regarding the use of asbestos free materials, products and systems in the Project.

16.2 Since many materials, products and systems are proprietary, it is not possible to know all of the materials or components which go into producing such material, product or system without the manufacturer divulging trade secrets or patent information. Every effort has been made to specify materials, products or systems, which either as an "off the shelf" material, product or system or as a custom material, product or system do not contain asbestos.

16.3 It is the Contractor’s responsibility to submit an affidavit from the manufacturer to ascertain that every material, product or system used in the Project does not contain asbestos. In the event the material, product or system is found to contain asbestos, the Contractor shall offer for the Project Manager’s consideration a substitution which he knows does not contain asbestos.

16.4 Even though a material, product or system is specified or a specification is based on a particular material, product or system, the Contractor will not be relieved from the responsibility to ascertain that materials, products and systems used in the Project do not contain asbestos. Under no circumstances shall a material, product or system which is known, suspected or found to contain asbestos be used on the project.

16.5 If a material, product or system containing asbestos is used, the Contractor shall remove and replace the material, product or system with one which is asbestos free at no additional expense to the Owner, including removal and replacement of other materials affected by the removal of the asbestos bearing material, product or system, i.e. gypsum wallboard removed, replaced, and repainted on account of insulation being removed, etc

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