Fillable Printable Bid Packet for Construction Contracts Sample Forms

Bid Packet for Construction Contracts Sample Forms

FY2011 CDBG Administrative Manual

Contract Management

VIII-1

BID PACKET FOR CONSTRUCTION CONTRACTS

SAMPLE FORMS

This does not represent all of the required content of the bid packet. It only provides sample forms.

Example: the wage determinations, plans and specifications, maps, etc. are not included here, but must

be a part of the total bid packet.

Advertisement for Bids

Information for Bidders

CDBG Bonding and Insurance Requirements

Bid Bond

Bid for Unit Price Contracts

Bidder Qualifications

Certification of Bidder Regarding Equal Employment Opportunity

Certification of Bidder Regarding Section 3 and Segregated Facilities

Information Regarding the Use of Minority and Women’s Business Enterprises

Minority and Women’s Business Enterprise Utilization Worksheet

Bidder Section 3 Plan Format

Table A Bidder’s Proposed Section 3 Contracts/Subcontracts

Table B Bidder’s Section 3 Estimated new Hires

Table C Contractor’s Section 3 New Hires Report

Table D Contractor’s Section 3 Business Utilization Report

Certification by Proposed Subcontractor Regarding Equal Employment Opportunity

Certification of Proposed Subcontractor Regarding Section 3 and Segregated Facilities

Anti-Lobbying Certification

Performance Bond

Payment Bond

Contract

Certificate of Owner’s Attorney

CDBG General Conditions

Affidavit Section 285.530, Revised Statues of Missouri

Federal Labor Standards Provisions (HUD-4010)

HUD Supplemental Conditions

Appendix 1, Summary of Civil Rights Laws, Executive Orders, and Regulations

Samples of all of the forms listed above follow and should be included as part of the bid packet.

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ADVERTISEMENT FOR BIDS

Project No. __________________________

_____________________________________________________________________________

(Owner)

Separate sealed bids for ______________________________ for will be received by

______________________ at the office of __________________________ until _______ o'clock

(A.M. _____ P.M._____ S.T. ______ DST) ___________, 20 ______, and then at said office publicly

opened and read aloud.

The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid

Bond, Performance and Payment Bond, and other contract documents may be examined at the

following:

_____________________________________________________________________________

Copies may be obtained at the office of _____________________________ located at ___________

upon payment of $______________ for each set. Any unsuccessful bidder, upon returning such set

promptly and in good condition, will be refunded his payment, and any non-bidder upon so returning

such a set will be refunded $ ____________.

The owner reserves the right to waive any informalities or to reject any or all bids.

Each bidder must deposit with his bid security in the amount, form and subject to the conditions

provided in the Information for Bidders.

Attention of bidders is particularly called to the requirements as to conditions of employment to be

observed and minimum wage rates to be paid under the contract, Section 3, Segregated Facility,

Section 109, and E.O. 11246.

No bidder may withdraw his bid within 90 days after the actual date of the opening thereof.

___________________________________

(Date)

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INFORMATION FOR BIDDERS

1. Receipt and Opening of Bids

The _______________________ (herein called the "Owner"), invites bids on the form attached

hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner

at the office of _________________ until ______________ o'clock a.m./p.m., _____________

ST/SDT, ___________________ 20 _______, and then at said office publicly opened and read

aloud. The envelopes containing the bids must be sealed, addressed to _______________ at

___________________ and designated as bid for ______________________________.

The Owner may consider informal any bid not prepared and submitted in accordance with the

provisions hereof and may waive any informalities or reject any and all bids. Any bid may be

withdrawn prior to the above scheduled time for the opening of bids or authorized

postponement thereof. Any bid received after the time and date specified shall not be

considered. No bidder may withdraw a bid within 30 days after the actual date of the opening

thereof.

2. Preparation of Bid: Each bid must be submitted on the prescribed form and _____ accompanied

by Certification by Bidder Regarding Equal Employment Opportunity, Form HUD-950.1, and

Certification of Bidder Regarding Section 3 and Segregated Facilities. All blank spaces for bid

prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing

Certifications must be fully completed and executed when submitted.

3. Subcontracts: The bidder is specifically advised that any person, or other party, to whom it is

proposed to award a subcontract under this contract:

a. Must be acceptable to the owner after verification by the HUD Area Office of the current

eligibility status; and

b. Must submit Form HUD-950.2, Certification by Proposed Subcontractor Regarding Equal

Employment Opportunity, and Certification of Proposed Subcontractor Regarding Section 3

and Segregated Facilities. Approval of the proposed subcontract award cannot be given by

the Owner unless and until the proposed subcontractor has submitted the Certifications

and/or other evidence showing that it has fully complied with any reporting requirements to

which it is or was subject. Although the bidder is not required to attach such Certifications

by proposed subcontractors to his bid, the bidder is here advised of this requirement so that

appropriate action can be taken to prevent subsequent delay in subcontract awards.

4. Telegraphic Modification: Any bidder may modify his bid by telegraphic communication at any

time prior to the scheduled closing time for receipt of bids, provided such telegraphic

communication is received by the Owner prior to the closing time, and, provided further, the

Owner is satisfied that a written confirmation of the telegraphic modification over the signature

of the bidder was mailed prior to the closing time. The telegraphic communication should not

reveal the bid price, but should provide the addition or subtraction or other modification so that

the final prices or terms will not be known by the Owner until the sealed bid is opened. If written

confirmation is not received within two days from the closing time, no consideration will be

given to the telegraphic modification.

5. Method of Bidding: The Owner invites the following bid(s):

6. Qualifications of Bidder: The Owner may make such investigations as he deems necessary to

determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner

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all such information and data for this purpose as the Owner may request. The Owner reserves the

right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy

the owner that such bidder is properly qualified to carry out the obligations of the contract and to

complete the work contemplated therein. Conditional bids will not be accepted.

7. Bid Security: Each bid must be accompanied by a bid bond payable to the Owner for five

percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner

will return all of the bonds except the three lowest responsible bidders. When the agreement is

executed the bonds of the two remaining unsuccessful bidders will be returned. The bid bond of

the successful bidder will be retained until the payment bond and performance bond have been

executed and approved, after which it will be returned. A certified check may be used in lieu of a

bid bond.

8. Liquidated Damages for Failure to Enter into Contract: The successful bidder, upon his failure or

refusal to execute and deliver the contract and bonds required within 10 days after he received

notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such

failure or refusal, the security deposited with his bid.

9. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or

before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete

the project within ___________ consecutive calendar days thereafter. Bidder must agree also to

pay as liquidated damages, the sum of $ ______________ for each consecutive calendar day

thereafter as hereinafter provided in the General Conditions.

10. Conditions of Work: Each bidder must inform himself fully of the conditions relating to the

construction of the project and the employment of labor thereon. Failure to do so will not relieve

a successful bidder of his obligation to furnish all material and labor necessary to carry out the

provisions of his contract. Insofar as possible the contractor, in carrying out the work, must

employ such methods or means as will not cause any interruption of or interference with the

work of any other contractor.

11. Addenda and Interpretations: No interpretation of the meaning to the plans, specifications, or

other pre-bid documents will be made to any bidder orally.

Every request for such interpretation should be in writing addressed to ___________ at ______

and to be given consideration must be received at least five days prior to the date fixed for the

opening of bids. Any and all such interpretations and any supplemental instructions will be in

the form of written addenda to the specifications which, if issued, will be mailed by certified

mail with return receipt requested to all prospective bidders (at the respective addresses

furnished for such purposes), not later than three days prior to the data fixed for the opening of

bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such

bidder from any obligation under his bid as submitted. All addenda so insured shall become

part of the contract documents.

12. Security for Faithful Performance: Simultaneously with his delivery of the executed contract, the

Contractor shall furnish a surety bond or bonds as security for faithful performance of this

contract and for the payment of all persons performing labor on the project under this contract

and furnishing materials in connection with this contract, as specified in the General Conditions

included herein. The surety on such bond or bonds shall be a duly authorized surety company

satisfactory to the Owner.

13. Power of Attorney: Attorneys-in-fact who sign bid bonds or contract bonds must file with each

bond a certified and effectively dated copy of their power of attorney.

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14. Notice of Special Conditions: Attention is particularly called to those parts of the contract

documents and specifications which deal with the following:

a. Inspection and testing of materials

b. Insurance requirements

c. Wage rates

d. Stated allowances

15. Laws and Regulations: The bidder's attention is directed to the fact that all applicable State laws,

municipal ordinances, and the rules and regulations of all authorities having jurisdiction over

construction of the project shall apply to the contract throughout, and they will be deemed to be

included in the contract the same as though herein written out in full.

16. Method of Award - Lowest Qualified Bidder: If at the time this contract is to be awarded, the

lowest base bid submitted by a responsible bidder does not exceed the amount of funds then

estimated by the Owner as available to finance the contract; the contract will be awarded on the

base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the

contract on the base bid combined with such deductible alternates applied in numerical order in

which they are listed in the Form of Bid, as produces a net amount which is within the available

funds.

17. Obligation of Bidder: At the time of the opening of bids, each bidder will be presumed to have

inspected the site and to have read and to be thoroughly familiar with the plans and contract

documents (including all addenda). The failure or omission of any bidder to examine any form,

instrument, or document shall in no way relieve any bidder from any obligation in respect or his

bid.

a. Bidders are informed that pursuant to Section 285.530, RSMo, as a condition of the award of

any contract in excess of five thousand dollars ($5,000), the successful bidder shall, by sworn

affidavit and provision of documentation, affirm its enrollment and participation if a federal

work authorization program with respect to the employees working in connection to the

contracted services. Successful bidders shall also sign an affidavit affirming that it does not

knowingly employ any person who is an unauthorized alien in connection to the contracted

services.

18. Safety Standards and Accident Prevention: With respect to all work performed under this

contract, the contractor shall:

a. Comply with the safety standards provisions of applicable laws, building and construction

codes, and the "Manual of Accident Prevention in Construction" published by the

Associated General Contractors of America, the requirements of the Occupational Safety

and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code

of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36,

No. 75, Saturday, April 17, 1971.

b. Exercise every precaution at all times for the prevention of accidents and the protection of

persons (including employees) and property.

c. Maintain at his office or other well known place at the job site, all articles necessary for

giving first aid to the injured, and shall make arrangements for the immediate removal to a

hospital or a doctor's care of persons (including employees), who may be injured on the job

site. In no case shall employees be permitted to work at a job site before the employer has

made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

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d. Bidders are informed that the Project is subject to the requirements of Section 292.675,

RSMo, which requires all contractors or subcontractors doing work on the Project to

provide, and require its on-site employees to complete, a ten (10) hour) course in

construction safety and health approved by the Occupational Safety and Health

Administration (“OSHA”) or a similar program approved by the Missouri Department of

Labor and Industrial Relations which is at least as stringent as an approved OSHA program.

The training must be completed within sixty (60) days of the date of work on the Project

commences. On-site employees found on the worksite without documentation of the

required training shall have twenty (20) days to produce such documentation.

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COMMUNITY DEVELOPMENT BLOCK GRANT REGULATIONS

BONDING AND INSURANCE REQUIREMENTS

A state or local unit of government receiving a grant from the Federal government, which requires

contracting for construction or facility improvement, shall follow its own requirements relating to bid

guarantees, performance bonds, and payment bonds, except for contracts or subcontracts exceeding

$25,000. For contracts or subcontracts exceeding $25,000, the Federal agency may accept the bonding

policy and requirements of the grantee provided the Federal agency has made a determination that the

Government's interest is adequately protected. If such a determination has not been made, the

minimum requirements shall be as follows:

1. A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee

shall consist of a firm commitment such as a bid bond, certified check, or other negotiable

instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid,

execute such contractual documents as may be required within the time specified.

2. A performance bond on the part of the contractor for 100 percent of the contract price. A

performance bond is one executed in connection with a contract to secure fulfillment of all the

contractor's obligations under such contract.

3. A payment bond on the part of the contractor for 100 percent of the contract price. A payment

bond is one executed in connection with a contract to assure payment as required by law of all

persons supplying labor and material in the execution of the work provided for in the contract.

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ________________________

as Principal, and ______________________ as Surety, are hereby held and firmly bound unto

____________________________ as owner in the penal sum of __________________________ for

the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our

heirs, executors, administrators, successors and assigns, this _____________ day of ______________,

20 _____.

The condition of the above obligation is such that whereas the Principal has submitted to

________________________ a certain Bid, attached hereto and hereby made a part hereof to enter

into a contract in writing, for the __________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________ .

NOW, THEREFORE,

1. If said Bid shall be rejected, or in the alternate,

2. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of

Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a

bond for his faithful performance of said contract, and for the payment of all persons performing

labor or furnishing materials in connection therewith, shall in all other respects perform the

agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the

same shall remain in force and effect; it being expressly understood and agreed that the liability

of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this

obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its

bond shall be in no way impaired or affected by the extension of the time within which the Owner may

accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and

such of them as are corporations have caused their corporate seals to be hereto affixed and these

presents to be signed by their proper officers, the day and year first set forth above.

SEAL

_________________________________ (L.S.)

Principal

______________________________________

By: ___________________________________

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BID FOR UNIT PRICE CONTRACTS

Place ______________________________

Date _______________________________

Project No. _________________________

Proposal of ______________________________ (hereinafter called "Bidder") * a corporation,

organized and existing under the laws of the State of _____________________________, * a

partnership, or an individual doing business as ______________________________________.

To the ___________________________________________ (hereinafter called "Owner")

Gentlemen:

The Bidder, in compliance with your invitation for bids for the construction of a

____________________________________________ having examined the plans and specifications

with related documents and the site of the proposed work, and being familiar with all of the conditions

surrounding the construction of the proposed project including the availability of materials and labor,

hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance

with the contract documents, within the time set forth therein, and at the prices stated below. These

prices are to cover all expenses incurred in performing the work required under the contract

documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in

written "Notice of Proceed" of the Owner and to fully complete the project within consecutive calendar

days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages,

the sum of $________________ for each consecutive calendar day thereafter as hereinafter provided in

Paragraph 15 of the General Conditions.

Bidder acknowledges receipt of the following addendum:

_____________________________________________________________________________

* Insert corporation, partnership, or individual as applicable.

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BID FOR UNIT PRICE CONTRACTS (CONTINUED)

Bidder agrees to perform all the ___________________________________ work described in the

specifications and shown on the plans, for the following unit price:

Item No.

Est. Qty.

Description

Unit Price (Each)

Total

________

_________________

Dollars & Cents

_________________

($_____________)

________

_________________

Dollars & Cents

_________________

($_____________)

________

_________________

Dollars & Cents

_________________

($_____________)

TOTAL LUMP SUM BID ______________

(Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in

words will govern).

The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit,

insurance, etc., to cover the finished work of the several kinds called for. Changes shall be processed

in accordance with paragraph 13 of the General Conditions.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any

informalities in the bidding.

The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar

days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract

attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 22 of the

General Conditions. The bid security attached in the sum of _______________ ($_______________)

is to become the property of the Owner in the event the contract and bond are not executed within the

time above set forth, as liquidated damages for the delay and additional expense to the Owner caused

thereby.

(SEAL - if bid is by a corporation)

Respectfully submitted:

By ____________________________________

(Title)

(Business Address and Zip Code)

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BIDDER QUALIFICATIONS

Firm Name: __________________________________________________________________

(Company Name)

_____________________________________________________________________________

(Address)

(City, State, Zip Code)

_____________________________________________________________________________

(Phone Number)

(Fax Number)

(E-mail)

Date: _______________________________

Construction Capabilities: (Check all that apply)

 General Contracting

 Electrical

 Plumbing

 HVAC

 Demolition

 Earthmoving

 Asbestos Abatement

 Other: ___________________________

For Corporations Only:

Federal ID Number: ____________________________________________________________

Name of State(s) in which incorporated: ____________________________________________

Date(s) of incorporation: _________________________________________________________

If not incorporated in Missouri:

1. Attach Certificate of Authority to do Business in Missouri

2. Certificate Number: _____________________ Date: _____________________

___________________________________

(President’s Name)

(Vice-President’s Name)

___________________________________

(Secretary’s Name)

(Treasurer’s Name)

For Partnerships Only: Date of Organization: ___________________________________

Type of Partnership:

 General

 Limited

 Association

Names and Addresses of all partners: (use additional sheet if necessary)

1.____________________________________________________________________________

(Name)

(Address)

(City, State, Zip Code)

2.____________________________________________________________________________

(Name)

(Address)

(City, State, Zip Code)

General Information:

Federal ID Number: __________________

or SSN: ___________________________

Percent of work done by Contractor: _____

Number of Permanent Employees: ______

Number of years in business: ____________