FORM OF PROPOSAL (The Proposal should be dated and addressed to the Owner in care of the Architect.) 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 on 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 ($. . . . . . . .). ... If a certified check is required, the following clause should be inserted: .... The undersigned further agrees that the certified check payable to Owner, accompanying this proposal, is left in escrow with the Architect; that its amount is the measure of liquidated damages which the Owner will sustain by the failure of the Undersigned to execute and deliver the above named Agreement and bond, and that if the Undersigned defaults in executing that Agreement within... .days of written notification of the award of the contract to him or in furnishing the Bond within days thereafter, then the check shall become the property of the Owner, but if this proposal is not accepted within ... days of the time set for the submission of bids, or if the Undersigned executes and delivers said Contract and Bond, the check shall be returned to him on receipt therefor. If alternative proposals are required, they should be set forth, as for example, Should ... be substituted for ... the Undersigned agrees to deduct (or will require the addition of) ... dollars ($............) from (or to) the proposed 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. .. 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): Excavation.... ACCEPTANCE GENERAL INDEX References Are to Sections of commissions by architect, 4. of plans, as affecting architect's compensation, 26, 27. ACTION for neglect against architect-burden of proof, 44. ADMISSION of architects to practice, 3. AGENCY or architect (see also Architect, Emergency, Extras, Super- AGREEMENT between architect and builder,-where improper, 4. of contract terms. by architect, 9-11. by owner as affecting architect's agency, 13. Institute of Architects, schedule of, as proof of value of Institute of Architects-Standard Documents of (see also APPROVAL of architect, as affecting lien of subcontractor, 95. of architect,-lien action as affected by unreasonable withhold- ing of, 95. of City Department as condition precedent to maintenance of of architect,-unreasonable withholding of, as ground for ARBITRATION provision re certificates as affected by covenant for, 55. ARBITRATOR architect as, 49, 65, 66. power of architect to delegate to partner authority as, 14, 15. relation in general between owner and, 1. obligations to public of, 1, 3, 39. registration of, 1. right of, to plead privilege, 2. disclosure of employer's intentions by, 2. liability for, 2. confidential and trust relations of owner and, 1, 3, 14. requirements for admission of, to practice, 3. to have no concealed or conflicting interest in contract, 4. agreements between builder and, 4. effect of, 4. acceptance of commissions by, 4. loans by builder to, 4. employment by contractor of, 4. effect of, 4. in dual capacity of architect and contractor, 4. assumption of good faith of, 6. agency of, importance of, 7. express and implied agency of, 8. agency of,-re extras, 9, 54. as general agent of owner, 9, 10, 11, 54. agency of, as limited by contract terms, 9, 10, 11, 54. ratification of changes by owner as affecting, 13. limitations on general agency of, 11. power of, to employ or substitute new contractor, II. certificate of, as affecting right of builder to recover, 55. giving of certificates to subcontractors by, II. not allowed to change materials or construction, II. right of, to receive notice of assignment of contract, II. |