Notes on the Bond of Suretyship. The bond of Suretyship is drawn for use with either corporate or individual sureties. If a bond is to be given, this form, without additions or omissions, should be insisted upon to insure a full measure of protection. Proper certification that those signing the bond have authority so to sign should accompany the bond. Notes on the Invitation to Bid, Instructions to Bidders The Institute formerly issued the above named forms which contain much of value. Experience, however, showed that they had generally to be adapted to specific cases. They are, therefore, reproduced here so that Architects may draw from them whatever they deem useful. Form of Invitation to Submit a Proposal. DEAR SIR: You are invited to submit a proposal for.... Drawings, Specifications and other information may be procured from this office on and after..... All documents must be returned to this office not later than... To be entitled to consideration the proposal must be made upon the form provided by the Architect, which must be fully completed in accordance with the accompanying "Instructions to Bidders" and must be delivered to this office not later than... Very truly yours, Form of Instructions to Bidders. Proposals, to be entitled to consideration, must be made in accordance with the following instructions: Proposals shall be made upon the form provided therefor, and all blank spaces in the form shall be fully filled; numbers shall be stated both in writing and in figures; the signature shall be in löng hand; and the completed form shall be without interlineation, alteration or erasure. Proposals shall not contain any recapitulation of the work to be done. No oral, telegraphic or telephonic proposals or modifica tions will be considered. Proposals shall be addressed to the Owner, in care of the Archi tect, and shall be delivered to the Architect enclosed in an opaque sealed envelope addressed to him, marked "Proposal" and bearing the title of the work and the name of the Bidder. Should a bidder find discrepancies in, or omissions from, the drawings or documents, or should he be in doubt as to their meaning, he should at once notify the Architect, who will send a written instruction to all bidders. Neither Owner nor Architect will be responsible for any oral instructions. Before submitting a proposal, bidders should carefully examine the drawings and specifications, visit the site or work, fully inform themselves as to all existing conditions and limitations and shall include in the Proposal a sum to cover the cost of all items included in the Contract. The competency and responsibility of bidders and of their proposed subcontractors will be considered in making the award. The Owner does not obligate himself to accept the lowest or any other bid. Provision will be made in the Agreement for payments on account in the following words: (Insert the provision.) Any Bulletins issued during the time of bidding are to be 'covered in the proposal and in closing a contract they will become a part thereof. Form of Proposal. (The Proposal should be dated and addressed to the Owner in care of the Archi tect.) DEAR SIR: Having carefully examined the Instructions to Bidders, the General Conditions of the Contract and Specifications entitled .... (Here insert the caption descriptive of the work as used therein.) and the Drawings, similarly entitled, numbered..... as well as the premises and the conditions affecting the work, the Undersigned proposes to furnish all materials and labor called for by them for.... (Here insert, in case all the work therein described is to be covered by one contract, "the entire work." In case of a partial contract insert name of the 'trade or trades to be covered and the numbers of the pages of the Specifications Con which the work is described.) in accordance with the said documents for the sum of... .. Dollars ($..........). If he be notified of the acceptance of this proposal within.... ....days of the time set for the opening of bids he agrees to execute a contract for the above work, for the above stated compensation in the form of the Standard Agreement of the American Institute of Architects. Very truly yours, SUGGESTIONS TO ARCHITECTS USING THE ABOVE FORM OF PROPOSAL The above form includes only such statements as will probably be required in any Proposal. Additions will usually have to be made. to it. Suggestions suited to certain conditions are offered in the following notes. If the bidder is to name the time required for completing the work, insert such a clause as the following: The undersigned agrees, if awarded the Contract, to complete it within.... days, Sundays and whole holidays not included. If liquidated damages are to be required, insert the following: And further agrees that, from the compensation otherwise to be paid, the Owner may retain the sum of..... ....dollars ($......) for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum is agreed upon as the proper measure of liquidated damages which the Owner will sustain per diem by the failure of the undersigned to complete the work at the time stipulated, and this sum is not to be construed as in any sense a penalty. If a bond is required, insert the following: The undersigned agrees, if awarded the Contract, to execute and deliver to the Architect within..... ....days after the signing of the Contract, a satisfactory bond in the form issued by the American Institute of Architects (second edition reissued 1918) and in an amount equal to the contract sum, and further agrees that if such bond be not required, he will deduct from the proposal price the sum of..... ..dollars ($...... .). If a certified check is required, the following clause should be inserted: The undersigned further agrees that the certified check payable to.... ..Owner, accompanying this proposal, is left in escrow with the Architect; that its amount is the measure of liquidated damages which the Cwner will sustain by the failure of the Undersigned to execute and deliver the above named Agreement and bond, and that if the Undersigned defaults in executing that Agreement within.. ..days of written notification of the award of the contract to him or in furnishing the Bond within ..days thereafter, then the check shall become the property of the Owner, but if this proposal is not accepted within ..days of the time set for the submission of bids, or if the Undersigned executes and delivers said Contract and Bond, the check shall be returned to him on receipt therefor. If alternative proposals are required, they should be set forth, as for example, Should... ..be substituted for... the Undersigned agrees to deduct (or will require the addition of) .dollars ($..........) from (or to) the pro posed sum. If unit prices are required as a part of the proposal, they should be set forth as, for example: The Undersigned agrees that work added shall be computed at the following prices, and that work omitted shall be computed at .per cent less than these prices. Concrete foundations... Rough brickwork... Plastering ..per thousand. ・per cubic yard, per yard. ... If the names of subcontractors whom the Contractor proposes to employ are required as a part of the Proposal this requirement should be set forth, as, for example: In case of obtaining the award the Undersigned will employ, subject to the Architect's approval, subcontractors in each of the several trades selected from the following list (one or more names must be inserted for each trade): (B).-Agreement between Principal and Contractor, No. 372. Agreement between owner and contractor providing for wrecking and removing building. 6 AGREEMENT, made January 5, 1923, between John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Contractor"), and Richard Roe Corporation, a corporation, duly organized under the laws of the State of New York, and having its principal place of business at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Owner"), WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: 1. The Owner hereby sells to the Contractor, and the Contractor hereby agrees to buy from the Owner, the building on the premises, known as No. 572 Broadway, Borough of Manhattan, New York City. 2. The Contractor shall tear down, remove and cart away all the materials comprising the said building, down to the level of the cellar floor thereof, including all foundation and other walls, but excluding the retaining walls in the yards and the area walls along Whiteacre Avenue; and the Contractor shall remove and cart away all débris of whatsoever character, which may result from the demolition of the said building, and shall leave the premises broom clean to the level of the lowest cellar floor. 3. Time shall be of the essence of this agreement, and the Contractor shall proceed, with the utmost diligence and dispatch, in the demolition and removal of the aforesaid building, materials and débris, and shall complete all work hereunder, on, or before, March 25, 1923. 4. The Contractor, at his own expense, shall furnish and erect whatever sidewalks, bridges and covers, or other works and structures, may be necessary for the proper execution of his work hereunder, and, at his own expense, shall comply with all laws, ordinances, rules and regulations of the state and municipal authorities and departments, relating to, or affecting, the work hereunder, or any part thereof, and shall, at his own expense, secure and obtain Adapted from Melton v. Fullerton Weaver Realty Co. (1915), 214 N. Y. 571, 108, N. E. 849. |