C. Submission of a bid shall imply that the Bidder fully understands the contents of AIA Document A701, and that his bid is in compliance therewith.
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1 SECTION INSTRUCTIONS TO BIDDERS PART 1 - GENERAL 1.1 STANDARD AIA INSTRUCTIONS TO BIDDERS A. The Instructions to Bidders to be used in the bidding of this project shall be the American Institute of Architects AIA Document A701- Instructions to Bidders (1997 Edition), Articles 1 through 8, inclusive. All Bidders shall be fully cognizant of the scope, meaning, and interpretations of the contents of AIA Document A701. B. If Bidders are not thoroughly familiar with the contents of AIA Document A701, the Bidders may examine a copy of AIA Document A701 on file at the Architect s office or the Bidder can purchase a copy of the document from the American Institute of Architects, 1735 New York Avenue, NW, Washington, DC Telephone (800) C. Submission of a bid shall imply that the Bidder fully understands the contents of AIA Document A701, and that his bid is in compliance therewith. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION Instructions to Bidders
2 SECTION SUPPLEMENTARY INSTRUCTIONS TO BIDDERS PART 1 - GENERAL 1.1 INTRODUCTION A. The following supplements modify the Instructions to Bidders, AIA Document A Where a portion of the Instructions to Bidders is modified or deleted by these, the unaltered portions of the Instructions to Bidders shall remain in effect. 1.2 BIDDER S QUALIFICATIONS A. Certificate of Responsibility: The Mississippi State Board of Contractors is responsible for issuing Certificates of Responsibility to Contractors. To be awarded a Contract for public work, Sections and of the Mississippi Code 1972, annotated requires a Contractor to have a current Certificate of Responsibility at bid time and during the entire length of the job. The Certificate of Responsibility number issued becomes a significant item in all public bidding. B. Bid Under $50,000: If Bidder submits a bid not exceeding $50,000, no Certificate of Responsibility number is required; however, a notation stating the bid does not exceed $50,000 must appear on the face of the envelope, or a Certificate of Responsibility number. C. Bid Over $50,000: If a Bidder submitting a bid in excess of $50,000 must show its Certificate of Responsibility number on the bid and on the face of the envelope containing the bid. D. Joint Venture Bid: When multiple Contractors submit a joint venture bid in excess of $50,000, a joint venture Certificate of Responsibility number must be shown on the face of the envelope containing the bid. If the Multiple-Contractor joint venture has no joint venture Certificate of Responsibility number, each of the Contractors participating in the bid must indicate their individual Certificate of Responsibility numbers on the bid and on the face of the envelope containing the bid. 1.3 NON-RESIDENT BIDDER A. When a non-resident Bidder (a Contractor whose principle place of business is outside the State of Mississippi) submits a bid for a Mississippi public works project, one of the following is required and shall be submitted with the Proposal Form: 1. Copy of the Law: If the non-resident Bidder s state has a resident Bidder preference law, a copy of that law shall be submitted with the Proposal Form. 2. Statement: If the state has no such law then a statement indicating the State of (Name of State) has no residence Contractor preference law shall be submitted with the Proposal form. B. Any bid submitted by a nonresident Contractor which does not include the nonresident Contractor's current state law with the bid SHALL BE REJECTED
3 1.4 LAWS AND REGULATIONS A. The Bidder s attention is directed to the fact that all applicable Mississippi State laws, rules and regulations of all authorities having jurisdiction over construction of the Project apply to the Contract. 1.5 TIME OF COMPLETION A. The Bidder shall agree to commence work on, or before, a date specified in a written Notice to Proceed and fully complete the Project within the calendar days indicated on the Proposal Form. 1.6 BIDDER IDENTIFICATION A. Signature: The Proposal Form shall be signed by an individual authorized to enter into binding agreement for the Business making the bid proposal. Name of Business: The name appearing on the Proposal Form should be the same as the name appearing in the current Mississippi State Board of Contractors Roster. B. Legal Address: The address appearing on the Proposal Form should be the same address as appearing in the current Mississippi State Board of Contractors Roster. C. Certificate of Responsibility Number(s): The Certificate of Responsibility Number(s) appearing on The Proposal Form should be the same number appearing in the current Mississippi State Board of Contractors Roster. 1.7 IRREGULARITIES A. The omission of any information requested on the Bid (Proposal) Form may be considered as an informality, or irregularity, by the awarding public body when in their opinion the omitted information does not alter the amounts contained in the submitted bid proposal, or place other Bidders at a disadvantage. 1.8 PROTEST A. Any protest must be delivered in writing to the Owner within twenty-four (24) hours after the bid opening. 1.9 ERRORS A. Any claim of error and request for release from bid must be delivered in writing to the Owner within twenty-four (24) hours after bid opening. The Bidder shall provide sufficient documentation with the written request clearly proving an error was made SUPPLEMENTS TO AIA DOCUMENT A A. ARTICLE 2 BIDDER S REPRESENTATIONS Delete Paragraph and substitute the following:
4 2.1.4 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception. Contractor will not be given extra payment for conditions that can be determined by examining the Project Site and Documents. B. ARTICLE 3 BIDDING DOCUMENTS Delete Subparagraph and substitute the following: Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement for Bids. The deposit amount is indicated in the Advertisement for Bids. No partial sets of Documents will be issued. The successful bidder shall be responsible for the cost of printing construction documents required for completion of the project Delete Subparagraph in its entirety. Delete Subparagraph and substitute the following: Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which will reach the Architect, at least four working days prior to the date for the receipt of Bids. Delete Subparagraph and substitute the following: Addenda will be issued no later than 48 hours prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. The Architect and Owner will not be responsible for oral clarification. C. ARTICLE 4 BIDDING PROCEDURES Delete Subparagraph and substitute the following: Each bid shall be accompanied by a bid security in the form of a Bid Bond by a Surety licensed in Mississippi or a certified check made out to the Owner in the amount of five percent (5%) of the base bid. The Bid Bond shall be duly executed by the Bidder, the Surety and a Mississippi resident agent. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising there under. Should the Bidder refuse to enter into such contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2. Delete Subparagraph and substitute the following:
5 4.3.1 Bids shall be made on unaltered Bid Forms furnished in these Specifications. Fill in all blank spaces and submit two copies. Where Bidder is a corporation, Bids shall be signed with legal name of corporation, followed by name of the State of incorporation and the legal signature of an officer authorized to bind the corporation into a contract. Where Bidder is a partnership, give full name of all partners. Submit Bid in an opaque, sealed envelope addressed to the party receiving the Bid. Identify the envelope with (1) (In upper left hand corner), name of Bidder (as it appears in the current Mississippi State Board of Contractors Roster), (2) (In lower left hand corner), Project name, (3) Certificate of Responsibility number (for over $50,000) or under $50,000 (add statement). If the Bid is mailed, the bid envelope shall be placed inside a second envelope with the notation SEALED BID ENCLOSED on the face thereof to prevent inadvertent premature opening of the Proposal. Submit bids in accord with the Advertisement for Bids. Delete Subparagraph and substitute the following: A Bid may not be modified, withdrawn or cancelled by the Bidder during the stipulated time period of ninety (90) days following the time and date designated for the receipt of Bids, and each Bidder agrees in submitting a Bid. D. ARTICLE 6 POST-BID INFORMATION Delete Paragraph 6.1 CONTRACTOR S QUALIFICATION STATEMENT and substitute the following: 6.1 CONTRACTOR S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Owner, upon request, a properly executed AIA Document A305, Contractor s Qualification Statement. Add Subparagraphs and as follows: The Owner may make such investigation as he deems necessary to determine the ability of the Bidder or his subcontractors to perform the work, and the Bidder shall furnish the Owner with all such information and data that the Owner may request for this purpose. 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 The apparent low Bidder shall furnish the Owner and the Architect with a complete list of subcontractors within 48 hours after the bid opening. The Owner reserves the right to reject any subcontractors, if the evidence submitted by, or investigation of, such subcontractor fails to satisfy the Owner that such subcontractor is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. E. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Delete the sentence and substitute the following:
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