Invitation for Bid (IFB) DOCUMENTS
Contractor – Open Market
IFB# GA-040820
State of Georgia
Indefinite Quantity Construction Contract
February 2020
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Area A
Northern Georgia Area
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
Area A
General Construction / 4:30 PM CT
Northern $2,000,000 4 Years
GA-A01-040820 04/08/2020
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A02-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A03-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A04-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A05-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A06-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A07-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A08-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A09-040820
Georgia Area
Area A
General Construction / 4:30 PM CT
Northern 04/08/2020 $2,000,000 4 Years
GA-A10-040820
Georgia Area
See Section Three (3) for Map and list of geographical areas.
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Area B
East Central Georgia Area
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
Area B
General Construction / 4:30 PM CT
East Central $2,000,000 4 Years
GA-B01-040820 04/08/2020
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B02-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B03-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B04-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B05-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B06-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B07-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B08-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B09-040820
Georgia Area
Area B
General Construction / 4:30 PM CT
East Central 04/08/2020 $2,000,000 4 Years
GA-B10-040820
Georgia Area
See Section Three (3) for Map and list of geographical areas.
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Area C
Southwest Georgia Area
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
Area C
General Construction / 4:30 PM CT
Southwest $2,000,000 4 Years
GA-C01-040820 04/08/2020
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C02-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C03-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C04-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C05-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C06-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C07-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C08-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C09-040820
Georgia Area
Area C
General Construction / 4:30 PM CT
Southwest 04/08/2020 $2,000,000 4 Years
GA-C10-040820
Georgia Area
See Section Three (3) for Map and list of geographical areas.
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Area D
Southeast Georgia Area
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
Area D
General Construction / 4:30 PM CT
Southeast $2,000,000 4 Years
GA-D01-040820 04/08/2020
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D02-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D03-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D04-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D05-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D06-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D07-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D08-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D09-040820
Georgia Area
Area D
General Construction / 4:30 PM CT
Southeast 04/08/2020 $2,000,000 4 Years
GA-D10-040820
Georgia Area
See Section Three (3) for Map and list of geographical areas.
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
IFB# GA-040820
Solicitation Table
Statewide Contracts
(Bidders who respond and win an award in all four geographical areas will be eligible for a Statewide
Contract.)
Solicitation Trade / Geographic Bid Due Date Estimated Maximum
Solicitation Number Area and Time Annual Value Contract Term
General Construction / 4:30 PM CT
Statewide $2,000,000 4 Years
GA-ST01-040820 04/08/2020
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST02-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST03-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST04-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST05-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST06-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST07-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST08-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST09-040820
General Construction / 4:30 PM CT
Statewide 04/08/2020 $2,000,000 4 Years
GA-ST10-040820
See Section Three (3) for Map and list of geographical areas.
Bids for all contracts covered by this solicitation are due by
4:30 PM CT on April 8, 2020
Sourcewell (formerly known as the National Joint Powers Alliance or NJPA), issues this Invitation for
Bid (IFB) to provide Indefinite Quantity Construction Contracting (IQCC) services to all Sourcewell
Members including government agencies, education agencies such as colleges and universities, and
non-profits agencies in the State of Georgia. Each contract will have an initial term of one year and
bilateral option provision for three additional one- year terms. The Estimated Annual Value per
contract is $2,000,000.00. One additional one-year renewal-extension may be offered by Sourcewell
to Vendor beyond the original four-year term if Sourcewell determines such action to be in the best
interests of Sourcewell and its Members.
This IFB consist of four Books:
Book 1: Project Information and Instructions to Bidders
Book 2: IQCC Standard Terms and Conditions; General Terms and Conditions
Book 3: Construction Task Catalog®
Book 4: Technical Specifications
IQCC is a contracting procurement system that provides facility owner’s access to contractors to provide
construction, repair and renovation services over an extended period of time.
Interested bidders are required to attend a pre-bid seminar that will be conducted for the purpose of
discussing the IQCC procurement system, the contract documents, and reviewing the Sourcewell
Procurement Portal system for responding to the IFB. Attendance at one of the below seminars is a
mandatory condition of bidding.
March 16, 2020 @ 9:00 AM ET March 16, 2020 @ 2:00 PM ET
Hampton Inn Gwinnett Technical College-Lawrenceville Campus
875 West 1st St. NW Building 100, Room 401 – Parking Lots A & B
Rome, GA 30161 5150 Sugarloaf Parkway
Lawrenceville, GA 30043
March 17, 2020 @ 2:00 PM ET March 18, 2020 @ 9:00 AM ET
Courtyard Augusta Courtyard Macon
1045 Stevens Creek Road 3990 Sheraton Drive
Augusta, GA 30907 Macon, GA 31210
March 18, 2020 @ 2:00 PM ET March 19, 2020 @ 9:00 AM ET
Hampton Inn – Columbus North Courtyard by Marriott
7390 Bear Lane 3019 Kensington Court
Columbus, GA 31909 Albany, GA 31721
March 19, 2020 @ 2:00 PM ET March 20, 2020 @ 9:00 AM ET
Hampton Inn - Valdosta Conference Center Hilton Garden Inn - Airport
2 Meeting Place Drive 80 Clyde E. Martin Drive
Valdosta, GA 31601 Savannah, GA 31408
Interested bidders can pre-register for the pre-bid seminar by visiting the Sourcewell Procurement
Portal at https://proportal.sourcewell-mn.gov.
An electronic copy of the IFB Documents, including the instructions for submitting a bid, may be
obtained by visiting the Sourcewell Procurement Portal at https://proportal.sourcewell-mn.gov and
selecting the desired solicitation from the open solicitations list. All Bidders must have a Sourcewell
Procurement Portal account and be registered as a Plan Taker for this Bid opportunity, which will enable
the Bidder to download the Bid Documents, to receive email notifications of the issuance of addenda, to
download all documents, and to submit a bid online.
Bids are due no later than 4:30 p.m. Central Time on April 8, 2020. Late bids will be rejected.
Questions related to this bid must be submitted through the Sourcewell Procurement Portal only by
clicking on the “Submit a Question” button for this specific bid opportunity.
BOOK 1
Project Information, and Instructions to Bidders
IFB# GA-040820
State of Georgia
Indefinite Quantity Construction Contract
February 2020
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Table of Contents
SECTION ONE - PROJECT INFORMATION ...................................................................................................... 1
1. DEFINITIONS ...................................................................................................................................... 1
2. ABOUT SOURCEWELL ........................................................................................................................ 2
3. DEFINED GOALS OF THE IFB .............................................................................................................. 3
4. IQCC OVERVIEW ................................................................................................................................ 3
5. GEOGRAPHIC AREAS .......................................................................................................................... 5
6. THE IFB DOCUMENTS ........................................................................................................................ 5
7. QUALIFICATION OF BIDDERS ............................................................................................................. 5
8. AWARD .............................................................................................................................................. 6
9. ASSIGNMENT OF WORK .................................................................................................................... 7
10. ORDER OF PRECEDENCE OF THE COMPONENTS OF THE CONTRACT DOCUMENTS ......................... 8
SECTION TWO – INSTRUCTIONS TO BIDDERS ............................................................................................... 9
1. GENERAL INFORMATION ................................................................................................................... 9
2. SOLICITATION OF IFB ......................................................................................................................... 9
3. ADVERTISING OF SOLICITATION ........................................................................................................ 9
4. QUESTIONS ...................................................................................................................................... 10
5. PRE-BID SEMINAR ............................................................................................................................ 10
6. ADDENDA TO THE IFB DOCUMENTS ............................................................................................... 10
7. BID SUBMISSION PROCESS .............................................................................................................. 10
8. BID TRANSMITTAL ........................................................................................................................... 11
9. CONTRACTOR’S MANAGEMENT PLAN ............................................................................................ 12
10. BID PRICING ..................................................................................................................................... 12
11. MODIFICATION OR WITHDRAWAL OF A SUBMITTED BID ............................................................... 13
12. BIDDERS RESPONSIVENESS AND RESPONSIBILITY ........................................................................... 14
13. CERTIFICATION ................................................................................................................................ 14
14. PROTESTS......................................................................................................................................... 14
15. PUBLIC RECORD ............................................................................................................................... 15
16. PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS .................................................. 15
17. MARKETING REQUIREMENT ............................................................................................................ 15
18. MEMBER SIGN-UP PROCEEDURE .................................................................................................... 16
19. FEES ................................................................................................................................................. 16
20. TAXES ............................................................................................................................................... 17
21. PHYSICAL PRESENCE ........................................................................................................................ 17
SECTION THREE – GEOGRAPHIC MAP OF SOURCEWELL CONTRACT AREA ................................................ 18
SECTION FOUR – SAMPLE INDEFINITE QUANTITY CONSTRUCTION CONTRACT......................................... 22
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SECTION ONE - PROJECT INFORMATION
1. DEFINITIONS
1.1. Sourcewell: Sourcewell, formerly known as the National Joint Powers Alliance or NJPA, is a local
government unit and public agency of the State of Minnesota pursuant to the Minnesota
Constitution and enabling law Minnesota Statutes Section 123A.21. It has the authority to
develop and offer, among other services, cooperative purchasing and joint purchasing services
to its membership. Eligible membership and participation include states, cities, counties, all
government agencies, both public and non-public educational agencies, colleges, universities,
and certain non-profit organizations.
1.2. Joint Exercise of Powers: Sourcewell cooperatively shares those contracts with its Members
nationwide through various joint exercise of powers laws established in Minnesota and
applicable laws in other states. The Minnesota joint exercise of powers law, Minnesota Statutes
Section 471.59, states “Two or more governmental units . . . may jointly or cooperatively
exercise any power common to the contracting parties ....” Similar joint exercise of powers laws
may exist within each state of the United States. The Minnesota law allows Sourcewell to serve
Member agencies located in all other states. Municipal agencies nationally have the ability to
participate in cooperative purchasing activities as a result of specific laws of their own state.
These laws can be found on the website at www.sourcewell-mn.gov/compliance-legal.
1.3. Sourcewell Members:
1.3.1. Potential Sourcewell Members: A Potential Sourcewell Member is defined as any public
or private educational entity, including colleges and universities, school districts or
boards, and any governmental unit including a city, county, town, political subdivision of
Minnesota or another state, and any agency of the State of Minnesota or the United
States, any instrumentality of a governmental unit, and certain non-profits (Minnesota
Statutes Section 471.59, subdivision 1). Membership in Sourcewell is required to
participate in any Sourcewell Contract. Any current or potential Member of Sourcewell
that is in compliance with the terms and conditions of membership, has the option and
freedom to access any of the procurement contracts of Sourcewell.
1.3.2. Sourcewell Member: A Sourcewell Member is defined as an entity that has an executed
membership agreement with Sourcewell.
1.4. Purchase Order: Purchase Orders for construction and services may be executed between
Sourcewell or Sourcewell Members and the Contractor pursuant to this IFB and the resulting
contracts.
1.4.1. Governing Law: Purchase Orders, as identified above, will be construed in accordance
with, and governed by, the laws of a competent jurisdiction with respect to the Sourcewell
Member. Each and every provision of law and clause required by law to be included in the
Purchase Order will be read and enforced as though it were a part of the contract. In the
event a legally required provision is not included, parties may amend the Contract to make
such inclusion or correction. The venue for any litigation arising out of disputes related to
Purchase Order(s) will be a court of competent jurisdiction to the Sourcewell Member issuing
the Purchase Order.
February 2020 Book 1 - Section One –– Project Information 1
1.4.2. Additional Terms and Conditions: Additional terms and conditions to a Purchase Order
may be proposed by Sourcewell, Sourcewell Members, or Contractors. Acceptance of
these additional terms and conditions must be agreed to by the parties to the Purchase
Order. The purpose of these additional terms and conditions is to, among other things,
formally introduce job or industry specific requirements of law such as prevailing wage
legislation. Additional terms and conditions can include specific policy requirements and
standard business practices of the issuing Sourcewell Member.
1.5. Adjustment Factors: Adjustment Factors are the Contractor's competitively proposed price
adjustments to the Unit Prices as published in the Construction Task Catalog, Book 3.
Adjustment Factors are expressed as an increase or decrease from the published Unit Prices.
1.6. Construction Task Catalog (CTC): A comprehensive listing of specific construction related Tasks,
together with a specific unit of measurement and a Unit Price.
1.7. Contract: The written contract between the Contractor and Sourcewell covering the eligible
Work that can be performed; and other Contract Documents incorporated in or referenced in
the Contract and made part thereof as if provided therein.
2. ABOUT SOURCEWELL
2.1. Sourcewell is a local government unit and public agency pursuant to the Minnesota Constitution
and enabling law Minnesota Statutes Section 123A.21 with the authority to develop and offer,
among other services, cooperative and joint purchasing services to its membership. Eligible
membership and participation include states, cities, counties, all government agencies, both
public and non-public educational agencies, colleges, universities, and certain non-profit
organizations.
2.2. Under the authority of Minnesota state laws and enabling legislation, Sourcewell facilitates a
competitive solicitation and construction contracting process jointly and on behalf of the needs
of itself and the needs of current and potential member agencies. This process results in
construction contracts with various vendors of products, equipment, and services which
Sourcewell Member agencies desire to procure. These contracts are created in compliance with
applicable Minnesota laws. A complete listing of Sourcewell cooperative procurement contracts
can be found at www.sourcewell-mn.gov/cooperative-purchasing/contracts-vendor-search.
2.3. Sourcewell is governed by a Board of Directors made up of publicly elected officials and it
authorizes all solicitations.
2.3.1. Subject to Approval of the Sourcewell Chief Procurement Officer as Ratified by the
Board of Directors: Sourcewell contracts are awarded by the action of the Sourcewell
Chief Procurement Officer and ratified by the Board of Directors. This action is based on
the open and competitive solicitation process facilitated by Sourcewell. The evaluation
and resulting recommendation is presented to the Chief Procurement Officer by the
Sourcewell Bid Review Committee and ratified by the Board of Directors.
2.4. Sourcewell currently serves over 50,000 members. Both membership and utilization of
Sourcewell contracts continue to expand, due in part to the increasing acceptance of
cooperative and joint purchasing throughout the government and education communities
nationally.
February 2020 Book 1 - Section One –– Project Information 2
3. DEFINED GOALS OF THE IFB
3.1. The goal of this IFB is to establish a group of indefinite quantity construction contracts (IQCC)
that Sourcewell and Sourcewell Members may access to complete repair, maintenance and
minor new construction Projects at competitively solicited prices. The Contractors will perform
an ongoing series of individual Projects for Sourcewell Members at different locations primarily
within the designated Geographic Area.
3.2. A benefit to the bidder is that one bid package may be prepared to compete on multiple
contract opportunities. The resulting awarded contracts will be available to Sourcewell
members that are comprised of government, education, and non-profit entities throughout the
geographic area. Contracts awarded through Sourcewell ensure fair and open competition to
help members in their procurement process; however, Sourcewell members are responsible to
ensure that their applicable laws are satisfied. Post contract award, members may issue
Purchase Orders to the contractor without the necessity of preparing their own IFB. This saves
Sourcewell members time and allows for more economical and efficient purchasing.
4. IQCC OVERVIEW
4.1. IQCC is a competitively solicited indefinite quantity construction contract awarded to
Contractors to accomplish the repair, alteration, modernization, rehabilitation, and minor new
construction of infrastructure, buildings, structures, or other real property. The Estimated
Annual Value is based on the anticipated estimated annual use and the contract term is one
year with bilateral option terms. The IFB Documents include a Construction Task Catalog (CTC)
containing repair and construction Tasks with preset Unit Prices. All Unit Prices are based on
local labor, material and equipment prices for the direct cost of construction. Once contracts are
awarded, Sourcewell Members will order Work from the CTC by issuing a Purchase Order against
the contract.
4.2. Bidders will offer price adjustments (Adjustment Factors) to be applied to the CTC Unit
Prices. The Adjustment Factors represent either an increase to (such as 1.1000) or a decrease
from (such as 0.9800) the preset Unit Prices. The amount to be paid for the Work ordered
will be determined by: multiplying the preset Unit Prices by the appropriate quantities and by
the appropriate Adjustment Factor. The CTC and the Contractor's Adjustment Factors will be
incorporated into the awarded contract.
4.3. Under IQCC, the Contractor furnishes management, labor, materials, equipment and incidental
design support needed to perform the Work.
4.4. As Projects are identified, the Contractor will jointly scope the Work with the Sourcewell
Member. The Sourcewell Member will prepare a Detailed Scope of Work and issue a Request for
Proposals to the Contractor. The Contractor will then prepare a Proposal Package for the Project
including a Price Proposal, Schedule, list of identified subcontractors, and other requested
documentation such as cut sheets for materials. If the Proposal Package is found to be
reasonable, the Sourcewell Member will issue a Purchase Order. The Purchase Order will
reference the Detailed Scope of Work and set forth the Purchase Order Completion Time, and
the Purchase Order Price. The Contractor must perform the Detailed Scope of Work within the
Purchase Order Completion Time for the Purchase Order Price. Extra Work, credits, and
deletions will be contained in Supplemental Purchase Orders calculated in the same manner.
February 2020 Book 1 - Section One –– Project Information 3
4.5. Sourcewell, through a formal selection process, awarded a professional service agreement to
The Gordian Group (Gordian) for its IQCC program. The system includes Gordian’s proprietary
ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications), and construction cost data
(Construction Task Catalog), which will be used by the Contractor to prepare and submit Price
Proposals, subcontractor lists, and other requirements specified by Sourcewell and Sourcewell
Members. The Contractor’s use, in whole or in part, of Gordian’s IQCC Applications and
Construction Task Catalog and other proprietary materials provided by Gordian for any purpose
other than to execute work under this Contract for Sourcewell and Sourcewell Members is
strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees
to abide by the terms of the following Gordian IQCC System License:
IQCC System License
Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for
the term of this Contract or Gordian’s contract with Sourcewell, whichever is shorter, a non-
exclusive right, privilege, and license to Gordian’s proprietary IQCC System and related
proprietary materials (collectively referred to as “Proprietary Information”) to be used for the
sole purpose of executing Contractor’s responsibilities to Sourcewell and Sourcewell Members
under this Contract (“Limited Purpose”). The Contractor hereby agrees that Proprietary
Information will include, but is not limited to Gordian‘s IQCC Applications and support
documentation, Construction Task Catalog, training materials, marketing materials and any
other proprietary materials provided to Contractor by Gordian. In the event this Contract
expires or terminates as provided herein, or the Gordian’s contract with Sourcewell expires or
terminates, this IQCC System License will terminate and the Contractor will return all Proprietary
Information in its possession to Gordian.
Contractor acknowledges that Gordian will retain exclusive ownership of all proprietary rights to
the Proprietary Information, including all U.S. and international intellectual property and other
rights such as patents, trademarks, copyrights and trade secrets. Contractor will have no right or
interest in any portion of the Proprietary Information except the right to use the Proprietary
Information for the Limited Purpose set forth herein. Except in furtherance of the Limited
Purpose, Contractor must not distribute, disclose, copy, reproduce, display, publish, transmit,
assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in
electronic form), any portion of the Proprietary Information.
Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and
other proprietary rights of Gordian in the Proprietary Information during and after the term of
this Contract , and must at all times maintain complete confidentiality with regard to the
Proprietary Information provided to Contractor, subject to federal, state and local laws related
to public disclosure. Contractor further acknowledges that a breach of any of the terms of this
Contract by Contractor will result in irreparable harm to Gordian for which monetary damages
would be an inadequate remedy, and Gordian will be entitled to injunctive relief (without the
necessity of posting a bond) as well as all other monetary remedies available at law or in equity.
In the event that it becomes necessary for either party to this IQCC System License to enforce
the provisions of this Contract or to obtain redress for the breach or violation of any of its
provisions, whether by litigation, arbitration or other proceedings, the prevailing party will be
entitled to recover from the other party all costs and expenses associated with such
proceedings, including reasonable attorney’s fees.
February 2020 Book 1 - Section One –– Project Information 4
In the event of a conflict in terms and conditions between this IQCC System License and any
other terms and conditions of this Contract or any Order, Purchase Order or similar purchasing
document (Purchase Order) issued by Sourcewell or a Sourcewell Member, this IQCC System
License will take precedence.
4.6. The Sourcewell Member (or the Sourcewell Member Designated Representative), with the
assistance of Gordian, will identify Projects and develop a draft scope of the work. The
Contractor and Gordian will then assist the Sourcewell Member in developing a final scope of
work. The Sourcewell Member will then issue a Detailed Scope of Work and a Request for
Proposals to the Contractor. The Contractor will then utilize Gordian’s IQCC System to prepare a
Price Proposal for the Purchase Order including a Schedule, list of identified subcontractors, and
other requested documentation such as cut sheets for materials. Gordian will assist the
Sourcewell Member with Price Proposal review, and if the Price Proposal is found to be
reasonable, the Sourcewell Member will issue a Purchase Order to Contractor. The Purchase
Order will reference the Detailed Scope of Work and set forth the Purchase Order Completion
Time, and the Purchase Order Price. The Contractor will perform the Detailed Scope of Work
within the Purchase Order Completion Time for the Purchase Order Price. Extra Work, credits,
and deletions will be contained in Supplemental Purchase Orders calculated in the same
manner.
4.7. The Contractor must, within two (2) business days of receipt of a Purchase Order from a
Sourcewell Member, provide notification to Sourcewell of each Purchase Order by forwarding a
copy of the Purchase Order via email to PO@ezIQC.com or via facsimile to (864) 233-9100.
4.8. The Contractor must, within two (2) business days of sending an Invoice to a Sourcewell
Member, provide notification to Sourcewell of each Invoice by forwarding a copy of the Invoice
via email to Invoice@ezIQC.com or via facsimile to (864) 233-9100.
5. GEOGRAPHIC AREAS
5.1. Sourcewell solicits bids for the Geographic Area as shown on Section Three. This solicitation is
for the Geographic Area(s) as specified in this IFB. Sourcewell uses the Geographical Area for
bidding purposes. Contractors may perform work for Sourcewell Members located outside the
defined Geographical Area upon award.
6. THE IFB DOCUMENTS
6.1. The IFB Documents consist of four Books:
Book 1: Project Information, and Instructions to Bidders
Book 2: IQCC Standard Terms and Conditions; General Terms and Conditions
Book 3: Construction Task Catalog
Book 4: Technical Specifications
7. QUALIFICATION OF BIDDERS
7.1. Only bids from firms normally engaged in performing the type of work specified within the IFB
Documents will be considered. Bidder must have adequate organization, facilities, equipment,
and personnel to ensure prompt and efficient service to a Sourcewell Member (as solely
determined by Sourcewell).
February 2020 Book 1 - Section One –– Project Information 5
7.2. In determining a Bidder's responsibility and ability to perform the Contract, Sourcewell has the
right to investigate and request information concerning the financial condition, experience
record, personnel, equipment, facilities, principal business location and organization of the
Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of
the Bidder.
7.3. Bidder must have a fully functioning office within the Geographical Area it is bidding.
8. AWARD
8.1. Contract Awards will be made by the Sourcewell Chief Procurement Officer and ratified by the
Board of Director based on the recommendation of the Sourcewell Bid Evaluation Committee
jointly and on behalf of its current and future Sourcewell Members.
8.2. It is the intent of Sourcewell to award each Contract to the lowest, responsive, responsible
Bidder(s) based on the Combined Adjustment Factor as shown on the Bid, provided however, no
Bidder will be awarded more than one Contract. In the event a Bidder submits the lowest bid on
more than one Solicitation, Sourcewell may determine which Contract will be awarded to which
Bidder based on the combination of bids resulting in the lowest overall cost to the Sourcewell
Members. Sourcewell will have the right to waive any informality or irregularity in any Bidder’s
Response received and to accept the Bidder’s Response(s), which in its judgment, is (are) in the
best interests of Sourcewell and Sourcewell Members. Sourcewell reserves the right to reject all
Bid Responses and advertise again if, in Sourcewell’s opinion, the received bids do not meet or
exceed the minimum needs and expectations of the Sourcewell current and qualifying
members. Sourcewell reserves the right to award additional Contracts from this solicitation for a
period of 180 Days (or longer, if mutually agreeable to both the Bidder and Sourcewell).
8.3. Bidders who respond in all four geographical areas will be eligible for Statewide Contract
Awards. The ranking of Bidders eligible for Statewide Awards will be determined by averaging
the bidder’s combined adjustment factor across all four geographical areas. Statewide Contract
Awardees will not be awarded individual contracts within the areas submitted, however
awarded Statewide Awarded contractors will be allowed to conduct work across all four
geographical areas using the corresponding Construction Task Catalog and adjustment factors
submitted for each geographical area.
8.4. Additionally, the Bidder is required to submit a Management Plan, see Article 9, Section Two
Instructions to Bidders. The Bidder’s Management Plan will provide Sourcewell information to
gauge the responsibility of the Bidder.
8.5. A Bidder will not be awarded more than one same scope Contract within any Geographic Area.
8.6. Competitive Range Determination - if a wide margin is found in the Adjustment Factors
submitted in response to the solicitation; being too high or too low, then the Sourcewell Bid
Evaluation Committee may establish a Competitive Range for the solicitation. If it is determined
that a Bidder’s Combined Adjustment Factor is too far outside the Competitive Range then the
Bidder can be removed from consideration. The Bidder shall be notified that they were
determined to be outside the Competitive Range after award of the contracts.
8.7. Unbalancing of Bids – A Bid may be removed from consideration if it is determined that the
Bidder has mathematically unbalanced their Bid to gain a competitive advantage. The Bid will be
considered to be unbalanced if any Adjustment Factor is found to not cover the contractor’s
reasonable actual cost. Those costs would include a reasonable prorated share of their
February 2020 Book 1 - Section One –– Project Information 6
anticipated profit, overhead cost, and other indirect costs that the bidder anticipates for the
performance of the work as determined by the Sourcewell Bid Review Committee.
8.8. The Other Than Normal Working Hours Adjustment factors (non-secured and secured) must be
equal to or greater than the corresponding Normal Working Hours Adjustment Factors (non-
secured and secured).
8.9. The Non Pre-priced adjustment Factor without Administrative Fees must be between 1.0500
and 1.2000.
9. ASSIGNMENT OF WORK
9.1. The assignment of the Work is at the sole discretion of the Sourcewell Member. The
Contractor's Adjustment Factors, performance history, and ability to perform the Work will be
considered in determining the distribution of the Work.
9.2. BidSafe: Sourcewell may issue a Request for Quotation (RFQ) to two or more Contractors for a
Work Order. Selection of the Contractor and award of the Work Order will be in compliance
with established Sourcewell procedures.
9.3. Sourcewell reserves the right to utilize Bid Safe on a Work Order by Work Order basis.
9.4. Sourcewell will consider several factors when determining the applicability of Bid Safe to a Work
Order including, but not limited to, the following:
9.4.1. Estimated Work Order Amount;
9.4.2. Scope documentation, including but not limited A/E design;
9.4.3. Nature and complexity of the Work;
9.4.4. Contractors’ abilities to self-perform the Work;
9.4.5. Contractors’ proven capabilities on similar Work;
9.4.6. Schedule; and;
9.4.7. Other appropriate criteria as deemed in the best interest of the Sourcewell Member.
9.5. The Detailed Scope of Work will be developed by the Sourcewell Member personnel and
included with the RFQ.
9.6. Sourcewell may conduct one or more site visits with all contractors designated to Receive the
RFQ.
9.7. All contractors that receive the RFQ will have the opportunity to submit requests for
information. Should Sourcewell choose to respond to any or all of the requests for information,
the responses, and any changes to the RFQ, will be provided in an addendum to all contractors
designated to receive the RFQ.
9.8. The Contractor will utilize the Bid Safe application in the eGordian software to provide a Not to
Exceed Offer (NTE Offer), along with any additional requested documentation, in response to
the RFQ.
9.9. Sourcewell will issue a Request for Proposal to the Contractor submitting the NTE Offer that
provides the best value to the Sourcewell Member based on, but not limited to, price and any
technical factors considered.
9.10. The NTE Offer is valid for 120 Days from the date of opening unless stated otherwise in the
Detailed Scope of Work.
9.11. The Contractor that receives a Request for Proposal will submit a Price Proposal to Sourcewell.
Provided that any necessary Price Proposal modifications are completed in a timely and
thorough manner, Sourcewell will deliver a Work Order Proposal Package for the Sourcewell
Member's consideration.
February 2020 Book 1 - Section One –– Project Information 7
9.12. The Work Order Amount shall be equal to the lessor of the NTE Offer and the Price Proposal
amount.
9.13. Where the NTE Offer is less than the Price Proposal, the difference between the NTE Offer and
Price Proposal shall be deemed a discount offered by the Contractor. The discount amount shall
be a percent-based discount that will be calculated by the following equation:
9.13.1. Percent Discount = (Price Proposal Amount – NTE Offer) ÷ Price Proposal Amount The
discount shall be applied to subsequent Work Orders (additions or deletions) required to
complete the Work, provided the Work Order contains materials, equipment and tasks
that are similar in nature to the original Detailed Scope of Work.
9.14. If Sourcewell exercises its right to award a Work Order utilizing Bid Safe, collaboration between
Contractors is specifically prohibited. Contractor collaboration undermines competition, and
evidence of such will be considered a material breach of this Contract and grounds for
termination for cause.
10. ORDER OF PRECEDENCE OF THE COMPONENTS OF THE CONTRACT DOCUMENTS
10.1. The order of precedents of the Contract Documents shall be as follows:
• Purchase Order which may include Plans, Drawings and supplemental Technical
Specifications
• Standard Specifications of the Sourcewell Member, the city, state or federal
government, if any
• Sourcewell Contract
• Addenda to this IFB, if any
• Book 2 – IQCC Standard Terms and Conditions
• Book 2 – General Terms and Conditions
• Book 3 – Construction Task Catalog
• Book 4 – Technical Specifications
• Book 1 – Instruction to bidders
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February 2020 Book 1 - Section One –– Project Information 8
SECTION TWO – INSTRUCTIONS TO BIDDERS
1. GENERAL INFORMATION
1.1. The following instructions are given for the purpose of guiding Bidders in properly preparing
their bids. Such instructions are part of the IFB Documents, and strict compliance is required
with all the provisions contained in the instructions.
1.2. Examination of IFB Documents
1.2.1. It is the responsibility of each Bidder before submitting a Bid, to:
1.2.1.1. Examine the IFB Documents thoroughly,
1.2.1.2. Take into account federal, state and local laws, regulations, ordinances, and
applicable procurement codes that may affect costs, progress, performance, and
furnishing of the Work, or award,
1.2.1.3. Study and carefully correlate Bidder’s observations with the IFB Documents, and
1.2.1.4. Carefully review the IFB Documents and notify Sourcewell of all conflicts, errors or
discrepancies in the IFB Documents of which Bidder knows or reasonably should
have known.
1.3. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder
has complied with the above requirements and that without exception, the Bid is premised
upon performing and furnishing the Work required by the IFB Documents and that the IFB
Documents are sufficient in scope and detail to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
1.4. Bidders should include all relevant information in its submittal. Sourcewell cannot consider
information that is not provided in the submittal. Sourcewell reserves the right to verify
Bidder’s information and may request clarification from a Bidder.
2. SOLICITATION OF IFB
2.1. Bids will be received in an electronical format only, through the Sourcewell Procurement Portal
at https://proportal.sourcewell-mn.gov , until the deadline for receipt stated in this IFB. Bids
will be for the provision of Indefinite Quantity Construction Contract services for both
Sourcewell and Sourcewell Members, and all government and education agencies to include
colleges and universities, and certain non-profit agencies.
2.2. Complete IFB Documents will be made available through the Sourcewell Procurement Portal
(https://proportal.sourcewell-mn.gov). Paper, oral, facsimile, telephone, or other electronic
submissions (other than through the Sourcewell Procurement Portal) are invalid and will not
receive consideration.
3. ADVERTISING OF SOLICITATION
3.1. As required by law, Sourcewell must advertise this solicitation. It will be posted on Sourcewell’s
website, and posted to other third party websites deemed appropriate by Sourcewell. This
advertisement is also submitted for posting at individual state levels.
February 2020 Book 1 - Section Two –– Instructions to Bidders 9
3.2. In addition, Sourcewell shall advertise in one or more publications distributed in the
geographic area, including, but not limited to, newspapers and other publications consistent
with state law regarding notice of this invitation for bid.
4. QUESTIONS
4.1. Questions related to this bid are to be submitted through the Sourcewell Procurement Portal
only by clicking on the “Submit a Question” button for this specific bid opportunity. All questions
must be submitted prior to April 1, 2020, at 4:30 PM Central Time. Sourcewell urges potential
bidders to communicate all concerns during the response period to avoid misunderstandings.
4.2. If question is deemed by Sourcewell to have a material impact on the IFB, the response to the
Question will become an Addendum to these IFB Documents.
5. PRE-BID SEMINAR
5.1. A Pre-bid seminar will be held at the places and times listed in this Invitation for Bid for the
purpose of discussing the IQCC procurement system, the IFB Documents, and reviewing the
Sourcewell Procurement Portal system for responding to the IFB. Attendance at one of the Pre-
Bid Seminar(s) is mandatory to be deemed responsive.
6. ADDENDA TO THE IFB DOCUMENTS
6.1. Addenda are written instruments issued by Sourcewell that modify or interpret these IFB
Documents. All Addenda issued by Sourcewell will become a part of the IFB Documents.
Addenda will be delivered to all potential bidders through the Sourcewell Procurement Portal.
Sourcewell accepts no liability in connection with the delivery of said materials. No Addenda
will be issued later than five (5) Days prior to the deadline for receipt of bids, except an
Addendum withdrawing the request for bids or one that includes postponement of the date of
receipt of bids.
6.2. Bidders must acknowledge receipt of any addenda when submitting their Bid through the
Sourcewell Procurement Portal by checking a box for each addendum and any applicable
attachment. It is the responsibility of the Bidder to have received all Addenda that are issued.
Bidders should check the Sourcewell Procurement Portal prior to submitting their Bid and up
until Bid closing time and date in the event additional addenda are issued. If a Bidder submits
its bid prior to the Bid closing time and date and an addendum is issued, the Bidding System
automatically WITHDRAWS the Bid submission and the bid status will change to an
INCOMPLETE STATUS. The Bidder can view this status change in the “MY BIDS” section of the
Bidder’s Sourcewell Procurement Portal Account. The Bidder is solely responsible to:
6.2.1. Make any required adjustments to their Bid; and
6.2.2. Acknowledge addenda; and
6.2.3. Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated
bid closing time and date.
7. BID SUBMISSION PROCESS
7.1. PREPARATION OF THE BID RESPONSE
February 2020 Book 1 - Section Two –– Instructions to Bidders 10
7.1.1. Bids will be submitted as follows:
7.1.1.1. All Bidders must have a Sourcewell Procurement Portal account and register as a
Plan Taker for this Bid opportunity. Registering as a Plan Taker will enable the
Bidder to download the Bid Documents, receive Addenda email notifications,
download all documents and submit the Bid electronically online.
7.1.1.2. ONLY ELECTRONIC BID SUBMISSIONS through the Sourcewell Procurement Portal
will accepted. Bidders are cautioned that the timing of their Bid submission is
based on when the Bid is RECEIVED by the Sourcewell Procurement Portal
system, and not when a Bid is submitted by a Bidder. Bid transmission can be
delayed due to file transfer size, transmission speed, etc. For those reasons, it is
recommended the Bidder allow sufficient time to upload their Bid Submission
and attachment(s) (if applicable) and to resolve any issues that may arise.
7.1.1.3. The closing time and date will be determined by the Sourcewell Procurement
Portal web clock.
7.1.2. The bid documents must be submitted with all required content as set out in the
Sourcewell Procurement Portal. Failure to properly complete or upload the required bid
documents may result in rejection of the bid and cause the bid to be deemed non-
responsive.
7.1.3. Mistakes may be corrected prior to bid due date through the Sourcewell Procurement
Portal. Corrections and/or modifications received after the closing time and date will
not be accepted. The Bidder is solely responsible to ensure the corrected or modified
bid has been received by the Sourcewell Procurement Portal system no later than the
stated IFB closing time and date.
7.1.4. It is the responsibility of all Bidders to examine the entire IFB package, to seek
clarification of any item or requirement that may not be clear and to check all responses
for accuracy before submitting a bid. Negligence in preparing a bid confers no right of
withdrawal after the deadline for submission of bids.
8. BID TRANSMITTAL
8.1. Sourcewell has contracted with bids&tenders to provide technical support for the Sourcewell
Procurement Portal. Bidders should contact bids&tenders support at
support@bidsandtenders.ca, at least 24 hours prior to the Bid closing time and date, if problems
are encountered in the bid submission process.
8.2. Bidders are solely responsible for ensuring all required documentation is submitted through the
Sourcewell Procurement Portal no later than the date and time listed in this IFB. Sourcewell is
not responsible for late receipt of bids. Late bids will not be considered. The Sourcewell
Procurement Portal System will send a confirmation email to the Bidder when the bid has been
successfully submitted. If the Bidder does not receive a confirmation email, contact
bids&tenders support at support@bidsandtenders.ca.
February 2020 Book 1 - Section Two –– Instructions to Bidders 11
9. CONTRACTOR’S MANAGEMENT PLAN
9.1. The Bidder is required to answer questions pertaining to its plan for management of the
contract. All Management Plan questions will be found within the specifications tab of the
IFB. The Contractor's Management Plan questions must be answered in order to submit a bid.
9.2. In addition to the bid documents and other required submittals, the Contractor's Management
Plan will be used by Sourcewell to determine the responsibility of the Bidder to perform the
contract. Therefore, the Bidder should take great care in the preparation of the Management
Plan answers. These answers will become part of the complete submitted bid.
9.3. The Bidder may be determined non-responsive for failure to submit the Management Plan
questions and/or declared non-responsible for failure to adequately address all points in the
questions to the satisfaction of Sourcewell.
9.4. Management Team:
9.4.1. The Bidder is required to submit its Management Team for the contract as an uploaded
document. The document should be titled "MANAGEMENT TEAM FOR EXECUTION OF
IQCC." The Contractor's Management Team must be submitted as part of the Bidder's
bid documents in the document upload section and must provide the following elements.
9.4.2. Provide an organizational chart.
9.4.3. Describe the responsibilities and duties of each position by indicating who will manage
the overall contract, attend Joint Scope Meetings, prepare Proposal Packages, negotiate
with Subcontractors, supervise construction, and perform administration tasks.
9.4.4. Provide resumes for your key personnel you intend to assign to this contract.
9.5. Provide a current list of the number and classification of your full time employees.
10. BID PRICING
10.1. Each Bidder must submit five (5) Adjustment Factors to be applied to every task in the CTC. The
bid shall be an adjustment “decrease from” (e.g. 0.9800) or “increase to” (e.g. 1.1000) the Unit
Prices listed in the CTC.
10.2. The Bidder's Adjustment Factors shall include all of the Bidder's direct and indirect costs
including, but not limited to, its costs for overhead, profit, bond premiums above the
reimbursable amount, insurance, mobilization, Purchase Order Proposal development, and all
contingencies in connection therewith. See pages 00-1 – 00-6 of Book 3 – the CTC for a complete
explanation of what is included in the Unit Prices and what is not.
10.3. The first Adjustment Factor is to be applied to Work to be accomplished during Normal Working
Hours: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays, and
performed in Non-Secure Areas.
10.4. The second Adjustment Factor is to be applied to Work to be accomplished during Other Than
Normal Working Hours: Work performed from 4:00pm to 7:00am Monday to Friday, and any
time Saturday, Sunday and Holidays and performed in Non -Secure Areas.
10.5. The third Adjustment Factor is to be applied to Work to be accomplished during Normal
Working Hours: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays
and performed in Secure Areas.
February 2020 Book 1 - Section Two –– Instructions to Bidders 12
10.6. The fourth Adjustment Factor is to be applied to Work to be accomplished during Other Than
Normal Working Hours: Work performed from 4:00pm to 7:00am Monday to Friday, and any
time Saturday, Sunday and Holidays and performed in Secure Areas.
10.7. The fifth Adjustment Factor is for work tasks not identified in the Construction Task Catalog.
IQCC includes a provision for establishing of prices for Work requirements which are within the
general scope of IQCC but were not included in the CTC at the time of Contract award, see
Book 2 Section One, Article 8. These Tasks are referred to as "Non Pre-priced Tasks (NPP)". NPP
Tasks may require new specifications and drawings and may subsequently be incorporated into
the CTC. The bidders will offer an Adjustment Factor to be applied to the actual material,
equipment, and labor cost for NPP work Tasks. The NPP Adjustment Factor shall not be less
than 1.0500 and not higher than 1.2000, excluding Administrative Fees.
10.8. Adjustment Factors must be specified to the fourth decimal place. For example:
1 . 1 0 0 0
Or
0 . 9 8 0 0
10.9. For bid evaluation purposes only, the following weighting of the Adjustment factors shall be
used to determine the Combined Adjustment Factor:
Adjustment Factors Weight
NORMAL WORKING HOURS - NON-SECURE 60%
AREAS
OTHER THAN NORMAL WORKING HOURS - 10%
NON-SECURE AREAS
10%
NORMAL WORKING HOURS - SECURE AREAS
OTHER THAN NORMAL WORKING HOURS - 10%
SECURE AREAS
10%
NON PRE-PRICED
11. MODIFICATION OR WITHDRAWAL OF A SUBMITTED BID
11.1. A submitted bid may not be modified, withdrawn or cancelled by the Bidder for a period of one
hundred and eight (180) Days following the time and date designated for the receipt of bids.
Prior to the deadline for submission of bids, any bid submitted may be modified or withdrawn
through the Sourcewell Procurement Portal.
February 2020 Book 1 - Section Two –– Instructions to Bidders 13
12. BIDDERS RESPONSIVENESS AND RESPONSIBILITY
12.1. In accordance with accepted standards for competitive sealed bid processes, awards will be
made to responsive and responsible Bidders whose bids are determined in writing to be the
most advantageous to Sourcewell and its Members. To qualify for evaluation, a bid must be
responsive which means it shall have been submitted on time and materially satisfy all
mandatory requirements identified in this document. A bid must reasonably and substantially
conform to all the terms and conditions in the solicitation to be considered responsive.
Deviations or exceptions stipulated in Bidder’s response, while possibly necessary in the view of
the Bidder, may result in disqualification. Language to the effect that the Bidder does not
consider this solicitation to be part of a contractual obligation will result in that bid being
disqualified by Sourcewell.
13. CERTIFICATION
13.1. By submitting a bid, the Bidder certifies:
13.1.1. The submission of the offer did not involve collusion or any other anti-competitive
practices;
13.1.2. It shall not discriminate against any employee or applicant for employment in violation
of federal and state laws (see Federal Executive Order 11246);
13.1.3. It has not given, offered to give, nor intends to give at any time hereafter any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or
service to a public servant in connection with the submitted offer (see Gratuities); and
13.1.4. It agrees to promote and offer to Sourcewell Members only those products and/or
services as previously stated, allowed and deemed a resultant of the Contract(s) as
Sourcewell Contract items or services. This clause shall include any future product or
service additions as allowed through contract additions.
14. PROTESTS
14.1. Any protest made under this IFB by a Proposer must be in writing, addressed to Sourcewell’s
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. The protest must be received no later than ten (10) calendar days’
following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by
Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items:
14.1.1. The name, address and telephone number of the protester;
14.1.2. The original signature of the protester or its representative;
14.1.3. Identification of the solicitation by IFB number;
14.1.4. A precise statement of the relevant facts;
14.1.5. Identification of the issues to be resolved;
14.1.6. Identification of the legal or factual basis;
14.1.7. Any additional supporting documentation; and
14.1.8. Protest bond in the amount of $20,000.00
Protests that do not address these elements will not be reviewed.
February 2020 Book 1 - Section Two –– Instructions to Bidders 14
15. PUBLIC RECORD
15.1. All bids submitted to this invitation shall become the property of the Sourcewell and will
become a matter of public record, available for review subsequent to the award notification.
Bids may be viewed by appointment at the Sourcewell offices Monday through Friday from 8:30
a.m. to 3:30 p.m. Central Time.
16. PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS
16.1. This clause is applicable to states in which prevailing wage rates are established by law. The
Contractor shall pay prevailing wages to all workers in accordance with the applicable laws. The
wage rates used for the CTC were the prevailing wage rates, if any; in effect at the time these
IFB Documents were issued. In the performance of the Work, however, Contractor shall be fully
responsible for paying the generally prevailing hourly rate of wages in effect, as determined by
the State Department of Labor and/or Commerce, at the time the Work is performed. If the
State Department of Labor and/or Commerce revises the prevailing rate of hourly wages to be
paid for the Work prior to completion of the Project, the revised rate shall apply to this Contract
from the effective date of such revision, however such revision shall not entitle Contractor to
any increased compensation under the terms of the Contract.
16.2. If other wage rates are required by law, the Contractor shall pay such wages to all workers in
accordance with the applicable laws. If the Purchase Order is performed in whole or in part
using federal funding, then the Davis Bacon Wages for that area will apply.
16.3. Contractors shall meet any goals or requirements established by the Sourcewell Member
ordering the Work, and/or satisfy the intent of said goals or requirements, with regard to small,
local, minority, women, veteran or disadvantaged business enterprises. Additional participation
goals may be incorporated into the detailed scope of work.
17. MARKETING REQUIREMENT
17.1. Bidder must express a willingness and ability to take ownership and promote the services to
be provided. Contractor must agree to work in cooperation with Sourcewell to develop a
marketing strategy and provide avenues to equally market and drive sales through the Contract
and program to all Sourcewell Members and Potential Sourcewell Members. Bidder agrees to
actively market in cooperation with Sourcewell all available services to current Sourcewell
Members, as well as Potential Sourcewell Members.
17.2. If bidder is awarded a contract based on this solicitation your sales force will be a primary driver
of everyone’s success. Bidders needs to be aware that:
17.2.1. The use of a Sourcewell Contract will save their customer (Sourcewell’s Member)
the time and effort of soliciting its own individual IFB;
17.2.2. The use of the Sourcewell Contract will save time and effort of responding to
individual Invitations for Bid IFB; and
17.2.3. The use of the Sourcewell Contract will guaranty that Sourcewell Members have the
ability to choose you.
17.3. An award of a contract resulting from this IFB is an opportunity for the awarded contactor to
pursue commerce with and deliver value to Sourcewell and Sourcewell Members, but it is not a
February 2020 Book 1 - Section Two –– Instructions to Bidders 15
guarantee of work. As such the Bidder will demonstrate in the Management Plan specific
marketing strategies, personnel and the qualifications of those personnel to market IQCC and
the frequency and duration of marketing efforts. Sourcewell reserves the right to deem a
Bidder non-responsive or to waive an award based on a Bidder’s unwillingness to participate in
such a marketing effort or by submitting an unsatisfactory marketing strategy as part of the
overall management plan. Further marketing requirements will be found in Book Two Section
One, Article 9 of this IFB.
18. MEMBER SIGN-UP PROCEEDURE
18.1. Bidder agrees to cooperate and participate in the Sourcewell Membership process as part of
connecting Sourcewell Members to Sourcewell contracts. The process to sign up new Sourcewell
Members to purchase under this Contract will be defined during the award phase.
19. FEES
19.1. The bidder shall include the Sourcewell Administrative Fee in calculating the Contractor’s
Adjustment Factors.
19.2. Sourcewell’s Administrative Fee will be calculated at the rate of 7.5% of the total Purchase
Order Price charged to the Sourcewell Member.
19.3. Sourcewell’s Administrative Fee shall be remitted by the Contractor to Sourcewell, or its
designated contract administrator, within thirty (30) days of the submission of an invoice to a
Sourcewell Member by Contractor. The Contractor shall be assessed a one percent (1%) per
month late fee for any Administrative Fees not paid by the due date set forth herein.
19.4. Sourcewell designates The Gordian Group, Inc., (Gordian) as its contract administrator. The
Sourcewell Administrative Fee payments shall be made payable to The Gordian Group and sent
to the following address:
The Gordian Group, Inc.
PO Box 79341
Baltimore, MD 21279-0341
19.5. Sourcewell or Gordian may request records from the Contractor for all purchases through this
Contract and payment of all Administrative Fees. If a discrepancy exists between the purchasing
activity and the Administrative Fees paid, Sourcewell or Gordian will provide written notification
to the Contractor of the discrepancy and allow the Contractor ten (10) days from the date of
notification to resolve the discrepancy. In the event the Contractor does not resolve the
discrepancy to the satisfaction of Sourcewell or Gordian, Sourcewell or Gordian reserve the right
to engage a third party to conduct an independent audit of the Contractor's records and, in the
event Contractor is not in compliance with this Contract, Contractor shall, in addition to any
Administrative Fees due, reimburse the appropriate party for the cost and expense related to
such audit.
19.6. Sourcewell and Contractor hereby acknowledge that The Gordian Group, Inc., as Sourcewell’s
designated contract administrator, is a third-party beneficiary of Section 20, including all
subsections therein. In the event any court action is brought to enforce payment of the
February 2020 Book 1 - Section Two –– Instructions to Bidders 16
Administrative Fees set forth above by any party or third-party beneficiary of this Contract, the
prevailing party shall be entitled to an award of reasonable attorneys’ fees and collection costs.
20. TAXES
20.1. The Contractor shall pay all sales, consumer, use and other similar taxes required by law for
which an exemption does not exist. If the Contractor is required to pay sales tax on non-exempt
material, equipment, services or other items purchased in connection with a Purchase Order,
the Member will reimburse the Contractor for such tax, without mark-up, provided the
Contractor submits the appropriate documentation therefor.
21. PHYSICAL PRESENCE
21.1. The Bidder must have a fully staffed and functioning office located within the State of Georgia.
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February 2020 Book 1 - Section Two –– Instructions to Bidders 17
SECTION THREE – GEOGRAPHIC MAP OF SOURCEWELL
CONTRACT AREA
February 2020 Book 1 – Section Three – Geographic Map of Sourcewell Contract Area 18
Area A Northern Counties
Banks Dawson Habersham Pike
Bartow DeKalb Hall Polk
Butts Douglas Haralson Rabun
Carroll Fannin Hart Rockdale
Catoosa Fayette Heard Spalding
Chattooga Floyd Henry Towns
Cherokee Forsyth Lamar Troup
Clayton Franklin Lumpkin Union
Cobb Fulton Meriwether Upson
Coweta Gilmer Murray Walker
Coweta Gordon Paulding White
Dade Gwinnett Pickens Whitfield
Area B East Central Counties
Athens Hancock McDuffie Screven
Baldwin Houston Monroe Taliaferro
Barrow Jackson Morgan Twiggs
Bibb Jasper Newton Walton
Burke Jefferson Oconee Warren
Columbia Jefferson Oglethorpe Washington
Crawford Jenkins Peach Wilkes
Elbert Jones Pulaski Wilkinson
Glascock Lincoln Putnam
Greene Madison Richmond
February 2020 Book 1 – Section Three – Geographic Map of Sourcewell Contract Area 19
Area C Southwest Counties
Baker Dougherty Mitchell Talbot
Calhoun Early Muscogee Taylor
Chattahoochee Grady Quitman Terrell
Clay Harris Randolph Thomas
Colquitt Lee Schley Webster
Crisp Macon Seminole Worth
Decatur Marion Stewart
Dooly Miller Sumter
Area D Southeast Counties
Appling Candler Glynn Pierce
Atkinson Charlton Irwin Tattnall
Bacon Chatham Jeff Davis Telfair
Ben Hill Clinch Johnson Tift
Berrien Coffee Lanier Toombs
Bleckley Cook Laurens Turner
Brantley Dodge Liberty Ware
Brooks Echols Long Wayne
Bryan Effington Lowndes Wheeler
Bulloch Emanuel McIntosh Wilcox
Camden Evans Montgomery
February 2020 Book 1 – Section Three – Geographic Map of Sourcewell Contract Area 20
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February 2020 Book 1 – Section Three – Geographic Map of Sourcewell Contract Area 21
SECTION FOUR – SAMPLE INDEFINITE QUANTITY CONSTRUCTION
CONTRACT
IFB NUMBER:
GEOGRAPHIC AREA:
This Contract dated , by and between Sourcewell (Formerly NJPA) and
. at the following address,
hereinafter referred to as the CONTRACTOR.
WITNESSETH: Sourcewell and CONTRACTOR for the consideration hereafter agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
A. Contract Documents: This Contract; the IFB Documents; (Book 1 - Project Information, Instructions to
Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General
Conditions; Book 3 - Construction Task Catalog (CTC); Book 4 - Technical Specifications) and Addenda
thereto; all payment and performance bonds (if any), material and workmanship bonds (if any); wage
rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto,
including Supplemental Purchase Orders/Change Orders and written interpretations and all
Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work,
Purchase Order Proposals, etc.) issued hereunder.
B. The terms and conditions of a Purchase Order issued by a Sourcewell Member in connection with any
Project, including supplemental technical specifications referenced therein, shall govern.
C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from a Sourcewell
Member, provide notification to Sourcewell or their designated representative of each Purchase Order
by forwarding a copy of the Purchase Order via email to PO@EZIQC.com or via facsimile to (864) 233-
9100.
D. The Contractor shall, within two (2) business days of sending an Invoice to a Sourcewell Member, provide
notification to Sourcewell or their designated representative of each Invoice by forwarding a copy of the
Invoice via email to Invoice@EZIQC.com or via facsimile to (864) 233-9100.
ARTICLE 2. SCOPE OF WORK
A. The Contractor shall provide the services required to develop each Purchase Order in accordance with
the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and
the Contract Documents.
B. Each Purchase Order developed in accordance with this Contract will be issued by an individual
Sourcewell Page 2 of 4
Sourcewell Member. The Purchase Order will require the Contractor to perform the Detailed Scope of
Work within the Purchase Order Completion Time for the Purchase Order Price.
C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above.
However, the parties may agree that the Contractor can perform Work in a different Geographic Area at
its current Adjustment Factors.
ARTICLE 3. THE CONTRACT PRICE
A. This Contract is an indefinite-quantity contract for construction work and services. The Estimated
Annual Value of this Contract is $2,000,000. This is only an estimate and may increase or decrease at
the discretion of Sourcewell.
B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the Unit Price
appearing therein multiplied by the following Adjustment Factors:
TO BE ENTERED BY SOURCEWELL:
a. Normal Working Hours – Non Secure Areas: Work performed from 7:00am until 4:00pm Monday
to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the
Unit Price set forth in the CTC multiplied by the Adjustment Factor of:
.
(Specify to four (4) decimal places)
b. Other Than Normal Working Hours – Non Secure Areas : Work performed from 4:00pm to
7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform
Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied
by the Adjustment Factor of:
.
(Specify to four (4) decimal places)
c. Normal Working Hours – Secure Areas: Work performed from 7:00am until 4:00pm Monday to
Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit
Price set forth in the CTC multiplied by the Adjustment Factor of:
.
(Specify to four (4) decimal places)
d. Other Than Normal Working Hours – Secure Areas: Work performed from 4:00pm to 7:00am
Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks
during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the
Adjustment Factor of:
.
(Specify to four (4) decimal places)
Sourcewell Page 3 of 4
e. Non Pre-priced Adjustment Factor: To be applied to Work deemed not to be included in the
CTC but within the general scope of the work:
.
(Specify to four (4) decimal places)
ARTICLE 4. TERM OF THE CONTRACT
A. This Contract has an initial term of one (1) year and a bilateral option provision for three (3) additional
terms. The total term of the Contract cannot exceed four (4) years. One additional one-year renewal-
extension may be offered by Sourcewell to Contractor beyond the original four-year term if Sourcewell
deems such action to be in the best interests of Sourcewell and its Members. The Contractor may
withdraw from the Contract on each anniversary of the award, provided that the Contractor gives 60
Days written notice of its intent to withdraw. Sourcewell may, for any reason, terminate this Contract
at any time.
B. All Purchase Orders issued during a term of this Contract shall be valid and in effect notwithstanding
that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period
may continue, after such term has expired. All terms and conditions of the Contract apply to each
Purchase Order.
ARTICLE 5. SOFTWARE LICENSING
A. Sourcewell selected The Gordian Group’s (Gordian) software, data and services (IQCC System) for their
IQCC program. The system includes Gordian’s proprietary ezIQC, eGordian and Bid Safe IQCC applications
(IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the
Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by
Sourcewell and Sourcewell Members. The Contractor’s use, in whole or in part, of Gordian’s IQCC
Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any
purpose other than to execute work under this Contract for Sourcewell and Sourcewell Members is strictly
prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the
terms of the following IQCC System License:
ARTICLE 6. IQCC SYSTEM LICENSE
A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term
of this Contract or Gordian’s contract with Sourcewell, whichever is shorter, a non-exclusive right,
privilege, and license to Gordian’s proprietary IQCC System and related proprietary materials
(collectively referred to as “Proprietary Information”) to be used for the sole purpose of executing
Contractor’s responsibilities to Sourcewell and Sourcewell Members under this Contract (“Limited
Purpose”). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to,
Gordian‘s IQCC Applications and support documentation, Construction Task Catalog, training materials,
marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event
this Contract expires or terminates as provided herein, or the Gordian’s contract with Sourcewell expires
or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary
Information in its possession to Gordian.
Sourcewell Page 4 of 4
B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the
Proprietary Information, including all U.S. and international intellectual property and other rights such
as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any
portion of the Proprietary Information except the right to use the Proprietary Information for the
Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not
distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide
access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary
Information.
C. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other
proprietary rights of Gordian in the Proprietary Information during and after the term of this Contract,
and shall at all times maintain complete confidentiality with regard to the Proprietary Information
provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor
further acknowledges that a breach of any of the terms of this Contract by Contractor will result in
irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian
shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other
monetary remedies available at law or in equity. In the event that it becomes necessary for either party
to this IQCC System License to enforce the provisions of this Contract or to obtain redress for the breach
or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing
party shall be entitled to recover from the other party all costs and expenses associated with such
proceedings, including reasonable attorney’s fees.
D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms
and conditions of this Contract or any Purchase Order, Order or similar purchasing document (Purchase
Order) issued by Sourcewell or a Sourcewell Member, this IQCC System License shall take precedence.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above
written.
By: Sourcewell
Authorized Signature
Print Name
Contractor
Authorized Signature
Print Name
Contract Number: (assigned by Sourcewell)
BOOK 2
IQCC STANDARD TERMS AND CONDITIONS
AND
CONTRACT GENERAL CONDITIONS
TO
IFB# GA-040820
State of Georgia
Indefinite Quantity Construction Contract
February 2020
i
Table of Contents
SECTION ONE - IQCC STANDARD TERMS AND CONDITIONS ........................................................................ 1
1. DEFINITIONS .................................................................................................................................. 1
2. SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK ......................................................... 2
3. ARCHITECTURAL AND ENGINEERING SERVICES ............................................................................ 8
4. TERM OF CONTRACT ..................................................................................................................... 8
5. GEOGRAPHIC AREAS ..................................................................................................................... 9
6. ESTIMATED ANNUAL VALUE ......................................................................................................... 9
7. OPTION TO BILATERALLY EXTEND CONTRACT .............................................................................. 9
8. CHANGES ....................................................................................................................................... 9
9. MARKETING REQUIREMENTS ..................................................................................................... 10
10. PUNCH LIST COMPLETION .......................................................................................................... 11
11. PAYMENT AND PERFORMANCE BONDS AND MATERIAL AND WORKMANSHIP BONDS ............ 11
12. COMPUTER SOFTWARE............................................................................................................... 11
13. PREPAYMENT OPTION ................................................................................................................ 11
SECTION TWO – CONTRACT GENERAL CONDITIONS .................................................................................. 13
1. PROJECT MANAGER .................................................................................................................... 13
2. SOURCEWELL MEMBER’S RIGHT TO STOP WORK ...................................................................... 13
3. SOURCEWELL MEMBER’S RIGHT TO COMPLETE WORK ............................................................. 13
4. REVIEW OF FIELD CONDITIONS ................................................................................................... 13
5. SUPERVISION............................................................................................................................... 13
6. WORKMANSHIP AND QUALITY ................................................................................................... 14
7. WARRANTY.................................................................................................................................. 14
8. PERMITS AND FILINGS................................................................................................................. 15
9. PERSONNEL ................................................................................................................................. 15
10. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES .................................................................... 15
11. CUTTING AND PATCHING ............................................................................................................ 16
12. CLEAN UP .................................................................................................................................... 17
13. ACCESS TO THE WORK ................................................................................................................ 17
14. ROYALTIES, PATENTS AND COPYRIGHTS ..................................................................................... 17
15. INDEMNIFICATION ...................................................................................................................... 17
16. SUBCONTRACTORS ..................................................................................................................... 18
ii
17. COORDINATION WITH OTHER CONTRACTORS ........................................................................... 18
18. REQUEST OF EXTENSION OF TIME .............................................................................................. 18
19. PARTIAL PAYMENTS .................................................................................................................... 19
20. FINAL PAYMENTS ........................................................................................................................ 19
21. PARTIAL OCCUPANCY FOR USE ................................................................................................... 19
22. INDENTIFICATION AND SECURITY REQUIREMENTS .................................................................... 20
23. PROTECTION OF PERSONS AND PROPERTY ................................................................................ 20
24. HAZARDOUS MATERIALS ............................................................................................................ 21
25. INSURANCE REQUIREMENTS ...................................................................................................... 22
26. LIQUIDATED DAMAGES ............................................................................................................... 23
27. TESTS AND INSPECTIONS ............................................................................................................ 23
28. GOVERNING LAW ........................................................................................................................ 24
29. COMPLIANCE WITH LAWS .......................................................................................................... 24
30. SEVERANCE ................................................................................................................................. 24
31. LICENSE ....................................................................................................................................... 24
32. ASSIGNMENT............................................................................................................................... 25
33. CLAIMS AND DISPUTES ............................................................................................................... 25
34. SUSPENSION AND/OR TERMINATION BY SOURCEWELL FOR CAUSE ......................................... 25
35. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH
DISABILITIES ACT ..................................................................................................................................... 25
36. AUDITS ........................................................................................................................................ 26
37. GRATUITIES ................................................................................................................................. 26
38. FEDERAL FUNDS (APPLIES TO WORK ORDERS DESIGNATED BY AN AGENCY AS FEDERAL
ASSISTED) ................................................................................................................................................ 26
iii
SOURCEWELL
Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
SECTION ONE - IQCC STANDARD TERMS AND CONDITIONS
1. DEFINITIONS
1.1. Addendum or Addenda: The additional or modified provisions of the IFB issued in writing by
Sourcewell prior to the receipt of Bids.
1.2. Contract: The written agreement between the Contractor and Sourcewell covering the Work to
be performed; and other Contract Documents incorporated in or referenced in the Contract and
made part thereof as if provided therein.
1.3. Adjustment Factors: The Contractor's competitively bid price adjustment to the Unit Prices as
published in the Construction Task Catalog, Book 3. Adjustment Factors are expressed as an
increase to or decrease from the published prices.
1.4. IFB Documents: The Invitation for Bid; Book 1 - Project Information, Instructions to Bidders, and
Execution Documents; Book 2 - IQCC Standard Terms and Conditions and Contract General
Conditions; Book 3 - The Construction Task Catalog; and Book 4 - Technical Specifications.
1.5. Construction Task Catalog (CTC): A comprehensive listing of specific construction related Tasks,
together with a specific unit of measurement and a Unit Price. Construction Task Catalog is a
registered trademark of The Gordian Group, Inc.
1.6. Contract Documents: This Contract; the IFB Documents (Book 1 - Project Information,
Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions
and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical
Specifications and Addenda thereto); all payment and performance bonds (if any), material and
workmanship bonds (if any); wage rate decisions and certified payroll records (if any); Notice of
Award; all modifications issued thereto, including Supplemental Purchase Orders/Change Orders
and written interpretations and all Purchase Orders and accompanying documents (Requests for
Proposals, Detailed Scopes of Work, Proposal Packages, etc.) issued hereunder.
1.7. Contractor: The legal entity named in the award letter with which Sourcewell has contracted
and is responsible for the acceptable performance of the Contract and for the payment of all
legal debts pertaining to the Work. All references in the Contract Documents to third parties
under contract or control of Contractor will be deemed to be a reference to Contractor.
1.8. Days: Calendar days, unless otherwise stated.
1.9. Detailed Scope of Work: A document prepared following a Joint Scope Meeting which describes
in detail the Work the Contractor will perform for a particular Purchase Order.
1.10. Holidays: The specific days designated by Sourcewell, Sourcewell Members or the Project Labor
Agreement as legal Holidays. Sourcewell designates the following days as Holidays: New Year’s
Day, Martin Luther King Jr.’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s
Day, Thanksgiving Day and the following day, and Christmas Day.
1.11. Detailed Scope of Work: A document prepared following a Joint Scope Meeting which describes
in detail the Work the Contractor will perform for a particular Purchase Order.
1.12. Non Pre-priced Task (NPP): A task not included in the Construction Task Catalog but within the
general scope and intent of this Contract.
1.13. Price Proposal: The price proposal prepared by the Contractor using the Construction Task
Catalog, Adjustment Factors and appropriate quantities.
February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 1
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Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
1.14. Proposal Package: A group of documents and files consisting of the Price Proposal; incidental
drawings, sketches, or specification information; quantity take-offs supporting all material
quantities; catalog cuts providing information on materials or products, as specifically
requested; list of known Subcontractors, construction schedule, back-up for any Non Pre-Priced
Tasks, warranty information on special equipment or materials and or other such
documentation as the Sourcewell Member may require.
1.15. Project: Collectively, the Work to be accomplished by the Contractor in satisfaction of a
requirement or group of related requirements pursuant to one or more Purchase Orders.
1.16. Purchase Order. The document establishing the engagement by Sourcewell or the Sourcewell
Member to the Contractor to complete a Detailed Scope of Work for the Purchase Order Price
within the Purchase Order Completion Time.
1.17. Request for Proposal: The Sourcewell Member’s written request for the Contractor to prepare
and submit a Proposal Package for a specific Detailed Scope of Work.
1.18. Site: The area upon or in which the Contractor performs the Detailed Scope of Work and such
other areas adjacent thereto as may be designated by Sourcewell or the Sourcewell Member.
1.19. State: The state of Georgia.
1.20. Subcontractor: Any person, firm or corporation, other than employees of the Contractor, who
or which contracts with the Contractor or its Subcontractors to furnish, or actually furnishes
labor, or labor and materials, or labor and equipment, at the Site. The term "Subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcontractor.
1.21. Supplemental Purchase Order: A purchase order issued to add, delete or change Work from an
existing, related Purchase Order.
1.22. Technical Specifications: The comprehensive listing of the Sourcewell Members standards for
quality of workmanship and materials, and the standard for the required quality of the Work.
1.23. Unit Price: The price published in the Construction Task Catalog for a Task.
1.24. Work: The labor, material, equipment and services necessary or convenient to the completion
of Purchase Orders.
1.25. Purchase Order Completion Time: The period of time set forth in the Purchase Order within
which the Contractor must complete the Detailed Scope of Work.
1.26. Purchase Order Price: The value of the approved Price Proposal and the lump sum price to be
paid to the Contractor for completing the Detailed Scope of Work within the Purchase Order
Completion Time.
2. SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK
2.1. Scope of Work
2.1.1. This is an indefinite quantity contract for the supplies or services specified, and effective
for the period stated in the IFB Documents.
2.1.2. Job or performance will be made only as authorized by Purchase Orders issued in
accordance with these IQCC Standard Terms and Conditions.
2.1.3. The Scope of Work of this Contract will be determined by individual Purchase Orders
issued hereunder. The Contractor will provide all pricing, management, incidental
drawings, shop drawings, samples, documents, Work, materials, supplies, parts (to
include system components), transportation, plant, supervision, labor, and equipment
February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 2
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Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
needed to complete each Purchase Order. The Contractor will also be responsible for
Site safety as well as Site preparation and cleanup during and after construction.
2.1.4. The Work will be conducted by the Contractor in strict accordance with the Contract
and all applicable laws, regulations, codes, or directives including federal, state, county
and city.
2.1.5. The Contractor will maintain accurate and complete records, files and libraries of
documents to demonstrate compliance with federal, state, and local regulations, codes,
applicable laws listed herein, and manufacturers' instructions and recommendations
which are necessary and related to the Work to be performed.
2.1.6. The Contractor will prepare and submit required reports, maintain current record
drawings, and submit required information. The Contractor will provide: materials lists
to include trade names and brand names, and model materials lists to include trade
names, brand names, model number, and ratings (if appropriate) for all materials
necessary to complete the Purchase Order.
2.1.7. In addition to the Tasks in the CTC, Book 3, Sourcewell may, from time to time, require
Non Pre-priced Tasks.
2.1.8. All Work will comply with any applicable standards, including those specified in the
following documents. If the Purchase Order specifies a standard which is different or
more stringent, the standard used in the Purchase Order will control:
2.1.8.1. City building codes
2.1.8.2. The specific Detailed Scope of Work- The Detailed Scope of Work is the document
that defines the Contractor’s obligations. Includes but is not limited to, what work
the contractor will perform, location of the work to be completed, and specific
equipment or materials to be used. The Detailed Scope of Work may reference
drawings and specifications prepared for the work.
2.1.8.3. Technical Specifications – Book 4
2.1.8.3.1. The Technical Specifications, Book 4, are numbered and organized in the
Construction Specification Institute's (CSI) master format. All specifications
are filed in divisions per CSI guidelines.
2.1.8.3.2. The intent of these Technical Specifications is to furnish concise industry
and commercial standards for construction, maintenance or repair of
Sourcewell Member facilities.
2.1.8.3.3. Reference in the Technical Specifications or the CTC to a specific
manufacturer, trade name, or catalog is intended to be descriptive but not
restrictive and only to indicate to the prospective Bidder items that will be
satisfactory.
2.2. Procedure for ordering work
2.2.1. Initiation of a Purchase Order
2.2.1.1. As the need exists, Sourcewell (or their designated representative) will, on behalf
of a Sourcewell Member, notify the Contractor of a Project and schedule a Joint
Scope Meeting.
2.2.1.1.1. The Contractor will attend the Joint Scope Meeting to discuss, at a
minimum:
2.2.1.1.2. The general scope of the Work,
February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 3
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Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
2.2.1.1.3. Alternatives for performing the Work and value engineering,
2.2.1.1.4. Access to the Site and protocol for admission,
2.2.1.1.5. Hours of operation,
2.2.1.1.6. staging area,
2.2.1.1.7. Requirements for professional services, sketches, drawings, and
specifications,
2.2.1.1.8. construction schedule,
2.2.1.1.9. Requirement for bonding
2.2.1.1.10. The presence of hazardous materials, and
2.2.1.1.11. Date on which the Proposal Package is due.
2.2.1.2. Upon completion of the joint scoping process, Sourcewell (or their designated
representative), working with the Sourcewell Member and the Contractor, will
prepare a Detailed Scope of Work referencing any sketches, drawings,
photographs, and specifications required to document accurately the work to be
accomplished. Sourcewell (or their designated representative) will issue a Request
for Proposal that will require the Contractor to prepare a Proposal Package. The
Detailed Scope of Work, unless modified by both the Contractor and Sourcewell
(or their designated representative), will be the basis on which the Contractor will
develop its Price Proposal and Sourcewell (or their designated representative) and
the Sourcewell Member will evaluate the same. The Contractor does not have the
right to refuse to perform any Task or any work in connection with a particular
Project.
2.2.1.3. Preparation of the Price Proposal: The Contractor will prepare Price Proposals in
accordance with the following:
2.2.1.4. Pre-priced Tasks: A Pre-priced Task is a Task described and for which a Unit Price
is set forth in the Construction Task Catalog. For Pre-priced Tasks the Contractor
will identify the Task from the Construction Task Catalog and the quantities
required.
2.2.1.5. Non Pre-priced Tasks: A Non Pre-priced Task is a Task which is not in the
Construction Task Catalog.
2.2.1.5.1. If the Contractor will perform the Non Pre-priced Task with its own forces, it
will submit three independent quotes for all materials to be installed and
will provide a breakdown of the labor and equipment costs.
2.2.1.5.2. If the Non Pre-priced Task is to be subcontracted, the Contractor must
submit three independent bids from Subcontractors. The Contractor will not
submit a quote or bid from any supplier or Subcontractor that the
Contractor is not prepared to use. Sourcewell may require additional quotes
and bids if the suppliers or Subcontractors are not acceptable or if the prices
are not deemed reasonable by Sourcewell or its designated representative.
2.2.1.6. Pricing Non Pre-priced Tasks: The final price submitted for Non Pre-priced Tasks
will be according to the following formula. Each Non Pre-priced Task must be
supported with the necessary back-up documents including the calculation below:
2.2.1.7. For Work Performed with the Contractor's Own Forces:
February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 4
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Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
2.2.1.7.1. The hourly rate for each trade classification not in the Construction Task
Catalog multiplied by the quantity;
2.2.1.7.2. The rate for each piece of Equipment not in the Construction Task Catalog
multiplied by the quantity;
2.2.1.7.3. Lowest of three independent quotes for all materials
2.2.1.7.4. Total Cost for self-perform work = (A+B+C) x NPP Adjustment Factor
2.2.1.8. For Work Performed by Sub-contractors: If the Work is to be subcontracted, the
Contractor must submit three independent quotes from Subcontractors for the
Work. If three quotes or bids can not be obtained, the Contractor will provide the
reason in writing for Sourcewell Member’s approval why three quotes cannot be
submitted. D = Lowest of three Subcontractor quotes Total Cost of Subcontracted
Non Pre-priced Task = D x NPP Adjustment Factor
2.2.1.9. At the discretion of Sourcewell (or its designated representative), Non Pre-priced
Tasks, as well as other Tasks, may be added to the CTC during the course of the
Contract. Unit prices will be established based on actual quotes from material
suppliers and installers and fixed as a permanent Pre-priced Task in the CTC.
2.2.1.10. Sourcewell (or their designated representative) determination as to whether an
item is a Pre-priced Task or a Non Pre-priced Task will be final, binding and
conclusive as to the Contractor.
2.2.1.11. The means and methods of construction will be such as the Contractor may
choose; subject however, to Sourcewell's right to reject means and methods
proposed by the Contractor that:
2.2.1.11.1. Will not produce finished Work in accordance with the terms of the
Contract; or
2.2.1.11.2. Unnecessarily increases the price of the Purchase Order when alternative
means and methods are available.
2.2.1.12. In the event the Contractor is required to work within a secured facility where
labor, material, and equipment must be inspected to pass through a secured
perimeter, and all work must be constantly monitored by facility personnel, such
as a Department of Corrections prison, the Contractor will be paid for the labor
time lost as a result of such perimeter inspection, as well as any loss of time
resulting from a temporary shut down of the work site required by the facility,
such as a temporary shut down to move prisoners.
2.2.1.13. The value of the Price Proposal will be calculated by summing the total of the
calculations for each Pre-priced Tasks (Unit Price x quantity x Adjustment Factor)
plus the value of all Non Pre-priced Tasks.
2.2.1.14. The Contractor must submit a complete Proposal Package, which includes:
2.2.1.14.1. Any incidental drawings or sketches, calculations and or specification
information,
2.2.1.14.2. The Price Proposal, and a quantity take-off summary supporting all material
quantities contained in the Price Proposal
2.2.1.14.3. Catalog cuts providing information on materials or products, as specifically
requested,
2.2.1.14.4. Back-up for any Non Pre-priced Tasks,
February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 5
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Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
2.2.1.14.5. Identification of known Subcontractors and material suppliers,
2.2.1.14.6. A construction schedule,
2.2.1.14.7. For special equipment or materials, warranty information,
2.2.1.15. By submitting a Price Proposal to Sourcewell, the Contractor agrees to accomplish
the Detailed Scope of Work in accordance with the Request for Proposal at the
price submitted. It is the Contractor's responsibility to include the necessary tasks
and quantities in the Price Proposal and apply the appropriate Adjustment
Factor(s) prior to delivering it to Sourcewell.
2.2.1.16. Whenever, because of trade jurisdiction rules or small quantities, the cost of a
minor task in the Price Proposal is less than the cost of the actual labor and
material to perform such task, the Sourcewell Member may permit the Contractor
to be paid for such task as a Non-Prepriced Task, or use Prepriced labor tasks and
material component pricing to cover the actual costs incurred. Provided, however,
that there is no other work for that trade on the Project or other work for that
trade cannot be scheduled at the same time and the final charge does not exceed
$5,000.
2.2.2. Time for Submittal of the Proposal Package
2.2.2.1. The Proposal Package will be submitted by the date indicated on the Request for
Proposal. All incomplete Proposal Packages will be rejected. The time allowed for
preparation of the Proposal Package will depend on the complexity and urgency
of the Project but should average between seven and fourteen days. On complex
Projects, such as those requiring incidental engineering/architectural drawings
and approvals and permits, allowance will be made to provide adequate time for
preparation and submittal of the necessary documents.
2.2.2.2. In emergency situations and for Projects requiring immediate completion, the
Proposal Package may be required quickly and the due date will be so indicated
on the Request for Proposal or, the Contractor may begin work immediately, with
the paperwork to follow.
2.2.2.3. If the Contractor fails to meet the deadline for submittal of the Proposal Package,
this may be reason to suspend issuance of this particluar Purchase Order.
2.2.2.4. If the Contractor requires clarifications or additional information regarding the
Detailed Scope of Work in order to prepare the Proposal Package, the request
must be submitted so that the submittal of the Proposal Package is not delayed.
2.2.3. Review of the Proposal Package
2.2.3.1. Sourcewell (or its designated representative) and/or the Sourcewell Member (or
its designated representative) will evaluate the Price Proposal by evaluating the
nature and number of Tasks proposed against the agreed upon Detail Scope of
Work and will determine the reasonableness of approach. Furthermore
Sourcewell (or its designated representative) or the Sourcewell Member (or its
designated representative) may compare the Price Proposal to the Sourcewell
Member cost estimate for the Detailed Scope of Work. Sourcewell (or its
designated representative) or the Sourcewell Member(or its designated
representative) reserves the right to reject a Price Proposal based on
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SOURCEWELL
Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
unjustifiable/unsupported (with take off details) quantities and/or Tasks,
schedule, inadequate documentation, or for any other reason.
2.2.3.2. If Sourcewell (or its designated representative) and/or the Sourcewell Member (or
its designated representative) finds any part of the Price Proposal unacceptable,
Sourcewell (or its designated representative) or the Sourcewell Member (or its
designated representative) may request the Contractor to re-submit its Price
Proposal or cancel the Project. The Contractor is expected to submit correct Price
Proposals the first time. However Sourcewell recognizes that some adjustments
might have to be made to the Price Proposal after review by Sourcewell (or its
designated representative) and the Sourcewell Member (or its designated
representative). Therefore, Sourcewell (or its designated representative) will allow
the Contractor to submit the first Price Proposal and a second Price Proposal for
each Purchase Order.
2.2.3.3. Additionally, Sourcewell (or its designated representative) and/or the Sourcewell
Member (or its designated representative) will evaluate all other components of
the Proposal Package and may request revisions thereto.
2.2.3.4. Requested revisions to any and all of the Proposal Package components should be
made by the Contractor and resubmitted in three (3) working days or less. If after
the second review by Sourcewell (or its designated representative) and/or the
Sourcewell Member (or its designated representative), Sourcewell (or its
designated representative) and/or the Sourcewell Member (or its designated
representative) finds requested revisions to the Proposal Package that were not
made, this may be reason to suspend that particular Purchase Order.
2.2.3.5. Failure by the Contractor to submit Proposal Packages, and revisions thereto, in a
timely manner (within time frames described above) is grounds for suspension of
all future Purchase Orders.
2.2.3.6. Sourcewell reserves the right to obtain Price Proposals from any or all of the
contractors awarded an IQCC contract.
2.2.3.7. If the Contractor continues to submit Price Proposals which are rejected by
Sourcewell (or its designated representative), Sourcewell may declare the
Contractor in default and initiate termination of the Contract, according to the
Contract General Conditions.
2.2.4. Delivery of the Proposal Package
2.2.4.1. After Sourcewell (or its designated representative) reaches an agreement with the
Contractor on the Proposal Package and any requested revision thereto, if
applicable, Sourcewell (or its designated representative) will assemble and deliver
the Proposal Package for the Sourcewell Member's consideration.
2.2.5. Review of the Proposal Package by the Sourcewell Member and Issuance of Purchase
Order
2.2.5.1. The Sourcewell Member will evaluate the entire Proposal Package.
2.2.5.2. The Sourcewell Member may reject a Proposal Package for any reason.
2.2.5.3. The Sourcewell Member may request changes to or clarifications of any part of
the Proposal Package, may require certificates of insurance, and may require a
Labor and Material Payment Bond and Performance Bond. The Contractor and
February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 7
SOURCEWELL
Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
Sourcewell (or its designated representative) will work together to make any
requested revisions in a timely manner and resubmit a revised Proposal Package.
2.2.5.4. Upon approval of the Proposal Package by Sourcewell (or its designated
representative) and the Sourcewell Member, the Sourcewell Member may issue a
signed Purchase Order, Notice of Award, or similar document accepting the
Contractor’s offer. The document will include:
2.2.5.4.1. Reference to the Detail Scope of Work
2.2.5.4.2. The Purchase Order Price
2.2.5.4.3. Start date, Purchase Order Completion Time (duration) and completion date
2.2.5.4.4. Whether liquidated damages will apply
2.2.5.5. When the Work Order Package is accepted, the Sourcewell Member may send to
the Contractor a Purchase Order, or a notice of intent to award a Purchase Order
(sometimes used if bonding is required) or a similar document.
2.2.5.6. Once a Contractor has accepted the Purchase Order then the Contractor may not
refuse to perform the Work. Such actions may be grounds for termination of this
Contract or other disciplinary action at the option of Sourcewell.
2.2.5.7. If performance and payment bonding is required, or if a separate and/or
special insurance certificate is required, the Contractor will deliver such
requirement to the Sourcewell member within ten (10) days of notification of the
requirement.
3. ARCHITECTURAL AND ENGINEERING SERVICES
3.1. Under this Contract it is expected that the level of Architecture and Engineering (A/E) services
and design, if any, will be incidental to the Contract and therefore any cost associated with this
is to be included in the Contractor’s Adjustment Factors. If the level of A/E services for a
Purchase Order requires that the Contractor provide stamped drawings and plans, the
Contractor will be reimbursed according to the appropriate Task in the CTC. The Contractor will
be required, as on any construction project, to provide shop drawings, as-built drawings, project
layout drawings and sketches as required.
3.2. The preparation of incidental drawings/plans, specifications, shop drawings, product data and
samples, as-builts and all other documentation required herein by the Contractor as required by
individual Purchase Orders is part of the Scope of Work of this Contract and the cost there of
will be included in the Contractor's Adjustment Factors.
4. TERM OF CONTRACT
4.1. This Contract is for term shown on the IFB. The Contractor may withdraw from the Contract on
each anniversary of the award, provided that the Contractor provides 60 Days written notice of
its intent to withdraw. Sourcewell may, for any reason, terminate this Contract at any time.
4.2. A Sourcewell Member may issue a Purchase Order at any time during the term of this Contract.
All Purchase Orders issued during a term of this Contract will be valid and in effect
notwithstanding that the Detailed Scope of Work may be performed, payments may be made,
and the guarantee period may continue, after such term has expired.
February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 8
SOURCEWELL
Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
5. GEOGRAPHIC AREAS
5.1. Contractor will primarily work in the Geographic Area designated. However, if both parties
agree, the Contractor may work in another area at the Adjustment Factors bid.
6. ESTIMATED ANNUAL VALUE
6.1. The Estimated Annual Value of the Contract is as specified in the IFB. The Contractor is not
guaranteed to receive any Purchase Orders under this Contract. The Estimated Annual Value
is not a limit on the total value of Purchase Orders that could be issued to the Contractor in
any one year.
7. OPTION TO BILATERALLY EXTEND CONTRACT
7.1. This Contract has an initial term of one (1) year from date on contract and three (3) bilateral
option provisions for three (3) additional terms. The total term of the Agreement cannot exceed
four (4) years. One additional one-year renewal-extension may be offered by Sourcewell to
Contractor beyond the total term if Sourcewell deems such action to be in the best interests of
Sourcewell and its Members.
7.2. The Construction Task Catalog issued with this Solicitation will be in effect for the first year of
this contract.
7.3. On the anniversary of the solicitation, a new Construction Task Catalog will be furnished. The
new Construction Task Catalog will be effective for the twelve (12) month period after the
anniversary of the award date. The Construction Task Catalogs that accompany each anniversary
shall only apply to Work Orders issued after the effective date of that specific renewal option
and shall have no impact on Work Orders issued prior to the effective date of that specific
renewal option.
7.4. Prior to the annual update of the Construction Task Catalog, Gordian must submit a request in
written format by completing the Price and Product Change Request Form and signed by an
authorized Gordian representative. A complete restatement of pricing must be submitted to
Sourcewell in which all changes are subject to review and approval by Sourcewell.
7.5. The Adjustment Factors submitted with the Bid Form shall be used for the full term of the
contract. On the annual anniversary of the solicitation, Sourcewell shall issue the Contractor a
new Construction Task Catalog. The Contractor will be issued the new Construction Task Catalog
for review and acceptance prior to accepting new work. The Contractor shall use the
Construction Task Catalog in effect on the date that the Work Order is issued. However, the
Contractor cannot delay the issuance of a Work Order to take advantage of a scheduled update
of the Construction Task Catalog. In that event, the Contractor shall use the Construction Task
Catalog that would have been in effect without the delay.
8. CHANGES
8.1. The Sourcewell Member reserves the right to make, in writing, at any time during the Work,
changes in the Detailed Scope of Work as are necessary to satisfactorily complete the Project,
and to delete in whole or in part, or to add to, the Detailed Scope of Work. Such changes,
February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 9
SOURCEWELL
Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
deletions, or additions will not invalidate the Contract or the Purchase Order nor release the
surety, if any, and the Contractor agrees to perform the Work as altered.
8.2. All changes, deletions, and additions to the Detailed Scope of Work will be reflected in a
Supplemental Purchase Order developed and priced in accordance with the procedure for
developing and approving all Price Proposals.
9. MARKETING REQUIREMENTS
9.1. The Contractor will be proactive about selling and marketing this Contract to public agencies
and non-profit organizations. Failure to do so may be grounds for termination of this Contract or
other disciplinary action at the option of Sourcewell.
9.2. Sourcewell selected its Indefinite Quantity Construction Contracting system based on its
research of what provides their Members with the best value and most cost-effective results.
The Contractor must avoid all conflicts of interest with the promotion of other IQCC systems to
any agency eligible to purchase under this Contract. The promotion of other IQCC systems to
any agency eligible to purchase under this Contract may be grounds for termination of this
Contract.
9.3. The Contractor must adhere to the following when preparing marketing materials and web
sites, and in the use of trademarks and service marks:
9.3.1. The Contractor will include the Sourcewell logo and website address on all marketing
materials and web sites that mention this Agreement or have anything to do with this
Contract.
9.3.2. The Contractor will include the ezIQC logo, website address (www.ezIQC.com), and
ezIQC® telephone number (888-993-9472) on all marketing materials and web sites that
mention this Contract or have anything to do with this Contract.
9.3.3. The Contractor will be authorized to use Sourcewell’s and Gordian’s names, logos,
trademarks, service marks and Sourcewell and Gordian provided materials solely for the
presentation and promotion of the availability and use of this Contract by Sourcewell
Members and Potential Sourcewell Members, and agrees that all uses of the trademarks
and service marks belonging to Sourcewell and Gordian must include the appropriate
trademark and service mark symbols (® or TM) at all times.
9.3.4. The Contractor must not collect information from a Sourcewell Member or Potential
Sourcewell Member on Contractor provided forms or web sites. The Contractor will
advise the Sourcewell Members or Potential Sourcewell Members to enter all
information at the ezIQC® website or the Contractor may input project information on
the ezIQC web site on behalf of a Sourcewell Member or Potential Sourcewell Member.
9.3.5. Under no circumstance may Contractor indicate Sourcewell endorses Contractor, or that
copy or branding images of Sourcewell or Gordian be altered in any way without the
express written approval of Sourcewell or Gordian.
9.3.6. All marketing materials must be coordinated with and approved by Sourcewell and
Gordian.
February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 10
SOURCEWELL
Book 2 – IQCC Standard Terms and Conditions and Contract General Conditions
10. PUNCH LIST COMPLETION
10.1. The Contractor understands and agrees that time is of the essence in closing out the Work of
this Contract. Upon Substantial Completion of the Work, the Punch List will be transmitted to
the Contractor from the Sourcewell Member. The Contractor agrees to begin performance of
Punch List Work immediately after receipt of the Punch List.
10.2. Failure of the Contractor or its Subcontractors to begin the Punch List Work within three (3)
business days after receipt of the Punch List will be construed as failure to prosecute the Work
of the Contract.
10.3. Punch List Work will be continuously prosecuted once begun and completed within 30 Days
from the receipt of the Punch List. Should the Contractor fail to complete the Punch List within
this period of time, the liquidated damages as identified in Article 26 of the Contract General
Conditions will apply.
11. PAYMENT AND PERFORMANCE BONDS AND MATERIAL AND WORKMANSHIP
BONDS
11.1. If required by the Sourcewell Member for a particular Work Order, the Contractor will deliver a
Labor and Material Payment Bond and a Performance Bond in the amount of such Work Order.
If required by the Sourcewell Member for a particular Work Order, the Contractor will deliver
Material and Workmanship Bonds in the amount required by the Sourcewell Member. The
bonds must be in a form, and executed by a surety, acceptable to the Sourcewell Member. The
bonds must be received before the Notice to Proceed will be issued. The Contractor will be
compensated for the cost of the bonds up to 2% of the Work Order Price through the
Reimbursable Fee work task in the Construction Task Catalog. The Contractor will apply a 1.1000
Adjustment Factor to the Reimbursable Fee work task rather than applying the Contractor’s
competitively bid Adjustment Factor.
12. COMPUTER SOFTWARE
12.1. The Contractor must maintain at its office for its use a computer with an internet connection.
The Contractor will be furnished with a copy of the internet based eGordian® software which
will allow the Contractor to generate Price Proposals. This software program contains an
electronic copy of the Construction Task Catalog and allows the Contractor to select items and
quantities for use in a particular Price Proposal. The software generates a Price Proposal in a
preset format acceptable to the Sourcewell Member. There is no separate charge to the
Contractor for the software and the related software training.
13. PREPAYMENT OPTION
13.1. A Sourcewell Member may elect to deposit the funds for any Project or Purchase Order in a
special account established by Sourcewell for the purpose of paying the Contractors for work to
be performed. Funds will be transferred into and out of such account in strict accordance with
the rules and procedures established therefor.
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February 2020 Book 2 - Section One –– IQCC Standard Terms and Conditions 12
SECTION TWO – CONTRACT GENERAL CONDITIONS
1. PROJECT MANAGER
1.1. Project Manager: the person or firm designated by a Sourcewell Member and authorized to
represent the Sourcewell Member in connection with a signed Purchase Order.
2. SOURCEWELL MEMBER’S RIGHT TO STOP WORK
2.1. The Sourcewell Member may order the Contractor to stop the Work on any Purchase Order, or
any portion thereof, at any time for any reason.
3. SOURCEWELL MEMBER’S RIGHT TO COMPLETE WORK
3.1. If the Contractor has been ordered to stop the Work, the Sourcewell Member may, without
prejudice to other remedies, have the Work completed by any available means.
4. REVIEW OF FIELD CONDITIONS
4.1. Before submitting a Price Proposal, the Contractor must carefully study the Detailed Scope of
Work, as well as the information furnished by the Sourcewell Member, must take field
measurements of any existing conditions related to the Work and must observe any conditions
at the Site affecting it. Any errors, inconsistencies or omissions discovered by the Contractor
must be reported promptly to the Project Manager.
4.2. Any design errors or omissions noted by the Contractor during this review will be reported
promptly to the Project Manager, but it is recognized that the Contractor’s review is made in the
Contractor’s capacity as a Contractor and not as a licensed design professional. The Contractor is
not required to ascertain that the Detailed Scope of Work is in accordance with applicable laws,
statutes, ordinances, building codes, and rules and regulations. However, any nonconformity
discovered by or made known to the Contractor must be reported promptly to the Project
Manager.
5. SUPERVISION
5.1. The Contractor will supervise and direct the performance of the Detailed Scope of Work, using
the Contractor’s best skill and attention. The Contractor will be solely responsible for and have
control over construction means, methods, techniques, sequences and procedures and for
coordinating all portions of the Work. If the Detailed Scope of Work gives specific instructions
concerning construction means, methods, techniques, sequences or procedures, the Contractor
will evaluate the Site safety thereof and, except as stated below, will be fully and solely
responsible for the jobsite safety of such means, methods, techniques, sequences or
procedures. If the Contractor determines that such means, methods, techniques, sequences or
procedures may not be safe, the Contractor will give timely written notice to the Project
February 2020 Book 2 - Section Two – Contract General Conditions 13
Manager and will not proceed with that portion of the Work without further written instructions
from the Project Manager.
5.2. The Contractor will be responsible to the Sourcewell Member for acts and omissions of the
Contractor’s employees, Subcontractors and their agents and employees, and other persons or
entities performing portions of the work for or on behalf of the Contractor or any of its
Subcontractors.
5.3. The Contractor will be responsible for inspection of portions of Work already performed to
determine that such portions are in proper condition to receive subsequent Work.
5.4. Effective July 18, 2008, in addition to the existing prevailing wage rate law, Labor Law §220,
section 220-h, all laborers, workers, and mechanics working on the site of public work projects
of at least $250,000 are required to be certified as having successfully completed the OSHA 10-
hour Construction Safety and Health Course S1537-A.
6. WORKMANSHIP AND QUALITY
6.1. The Contractor may make substitutions only with the consent of the Project Manager.
6.2. The Contractor must enforce strict discipline and good order among the Contractor’s
employees and other persons carrying out the Work. The Contractor will not permit
employment of unfit persons or persons not skilled in the portions of the Work assigned to
them.
7. WARRANTY
7.1. All Work furnished under this Contract will be guaranteed against defective materials and
workmanship, improper performance and non-compliance with the Contract Documents for a
period of one year after final acceptance of the Work, except as otherwise specified in other
parts of the Contract Documents, or within such longer period of time as may be prescribed by
law or provided by the manufacturer.
7.2. During the warranty period, the Contractor will repair and replace at Contractor’s own expense,
all Work that may develop defects whether such defects may be inherent in the equipment or
materials, in the functioning of the piece of equipment, or in the functioning and operation of
pieces of equipment operating together as a functional unit. Any equipment or material which
is repaired or replaced will have the guarantee period extended for a period of one year from
the date of the last repair or replacement.
7.3. If the Contractor fails to repair, replace, rebuild or restore such defective or damaged Work
promptly after receiving such notice, the Sourcewell Member will have the right to have the
Work done by others and to deduct the cost thereof from the monies owed to the Contractor.
If the amount owed is insufficient to cover such costs, the Contractor will be liable to pay such
deficiency on demand.
7.4. The Project Manager's certificate setting forth the fair and reasonable cost of repairing,
replacing, rebuilding or restoring any damaged or defective Work when performed by one
other than the Contractor will be binding and conclusive as the amount thereof upon the
Contractor.
7.5. The Contractor will obtain all manufacturer's warrantees and guarantees of all equipment and
materials required by this Contract in the name of the Sourcewell Member.
February 2020 Book 2 - Section Two – Contract General Conditions 14
8. PERMITS AND FILINGS
8.1. Contractor will make the necessary arrangements for and obtain all filings and permits required
for the Work, including the preparation of all drawings, sketches, calculations and other
documents and information that may be required therefor. If the Contractor is required to pay
an application fee for filing a project, a fee to obtain a building permit, or any other permit fee
to the city, state or some other governmental or regulatory agency, then the amount of such fee
paid by the Contractor for which a receipt is obtained will be treated as a Reimbursable Task to
be paid a mark-up of 10% on the fees paid to a governmental entity to obtain filings and
permits. Contractor will submit written documentation of such fees. The 10% mark-up will cover
all costs over and above the filing and permit fees, including expeditor fees.
8.2. The Contractor will comply with and give notices required by laws, ordinances, rules, regulations
and lawful orders of public authorities applicable to performance of the Work.
8.3. It is not the Contractor’s responsibility to ascertain that the Detailed Scope of Work is in
accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations.
However, if the Contractor observes that any portion of the Detailed Scope of Work is at
variance therewith, the Contractor will promptly notify the Project Manager in writing.
9. PERSONNEL
9.1. The Contractor will employ competent personnel for the development of the Project’s Detailed
Scope of Work, the preparation of the Price Proposal and the execution of the Work. During the
performance of the Work, the superintendent assigned to the Project will represent the
Contractor, and communications given to the superintendent will be as binding as if given to the
Contractor. Important communications must be confirmed in writing. Other communications
will be similarly confirmed on written request in each case.
10. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
10.1. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The
purpose of their submittal is to demonstrate for those portions of the Detailed Scope of Work
for which submittals are required by the Contract Documents the way by which the Contractor
proposes to conform to the information given and the design concept expressed in the Detailed
Scope of Work. Submittals which are not required by the Contract Documents may be returned
by the Project Manager without action.
10.2. The Contractor must review for compliance with the Contract Documents, approve and submit
to the Project Manager Shop Drawings, Product Data, Samples and similar submittals required
with reasonable promptness and in such sequence as to cause no delay in the Work or in the
activities of the Sourcewell Member or of separate contractors. Submittals which are not
marked as reviewed for compliance with the Contract Documents and approved by the
Contractor may be returned by the Project Manager without action.
10.3. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the
Contractor represents that the Contractor has determined and verified materials, field
measurements and field construction criteria related thereto, or will do so, and has checked and
February 2020 Book 2 - Section Two – Contract General Conditions 15
coordinated the information contained within such submittals with the requirements of the
Detailed Scope of Work and of the Contract Documents.
10.4. The Contractor must perform no portion of the Work for which the Contract Documents require
submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the
respective submittal has been approved by the Project Manager.
10.5. The Work will be performed in accordance with approved submittals except that the Contractor
will not be relieved of responsibility for deviations from requirements of the Contract
Documents by the Project Manager’s approval of Shop Drawings, Product Data, Samples or
similar submittals unless the Contractor has specifically informed the Project Manager in writing
of such deviation at the time of submittal and (1) the Project Manager has given written
approval to the specific deviation as a minor change in the Work, or (2) a Supplemental
Purchase Order or written notice has been issued authorizing the deviation. The Contractor will
not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples
or similar submittals by the Project Manager’s approval thereof.
10.6. The Contractor will direct specific attention, in writing or on resubmitted Shop Drawings,
Product Data, Samples or similar submittals, to revisions other than those requested by the
Project Manager on previous submittals. In the absence of such written notice the Project
Manager’s approval of a resubmission will not apply to such revisions.
10.7. The Contractor will not be required to provide professional services which constitute the
practice of architecture or engineering unless such services are specifically required by the
Detailed Scope of Work or unless the Contractor needs to provide such services in order to carry
out the Contractor’s responsibilities for construction means, methods, techniques, sequences
and procedures. The Contractor will not be required to provide professional services in violation
of applicable law. If professional design services or certifications by a design professional related
to systems, materials or equipment are specifically required of the Contractor by the Detailed
Scope of Work, the Sourcewell Member will specify all performance and design criteria that
such services must satisfy. The Contractor will cause such services or certifications to be
provided by a properly licensed design professional, whose signature and seal must appear on
all drawings, calculations, specifications, certifications, Shop Drawings and other submittals
prepared by such professional. Shop Drawings and other submittals related to the Work
designed or certified by such professional, if prepared by others, will bear such professional’s
written approval when submitted to the Project Manager. The Sourcewell Member will be
entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or
approvals performed by such design professionals, provided the Sourcewell Member has
specified to the Contractor all performance and design criteria that such services must satisfy.
The Project Manager will review, approve or take other appropriate action on submittals only
for the limited purpose of checking for conformance with information given and the design
concept expressed in the Detailed Scope of Work. The Contractor will not be responsible for the
adequacy of the performance or design criteria required by the Detailed Scope of Work.
11. CUTTING AND PATCHING
11.1. The Contractor will be responsible for cutting, fitting or patching required to complete the
Detailed Scope of Work or to make its parts fit together properly.
February 2020 Book 2 - Section Two – Contract General Conditions 16
11.2. The Contractor will not damage or endanger a portion of the Work or fully or partially
completed construction of the Sourcewell Member or separate contractors by cutting, patching
or otherwise altering such construction, or by excavation. The Contractor will not cut or
otherwise alter such construction by the Sourcewell Member or a separate contractor except
with written consent of the Sourcewell Member and of such separate contractor; such consent
will not be unreasonably withheld. The Contractor will not unreasonably withhold from the
Sourcewell Member or a separate contractor the Contractor’s consent to cutting or otherwise
altering the Work.
12. CLEAN UP
12.1. The Contractor will keep the Site and surrounding areas free from accumulation of waste
materials or rubbish caused by operations under the Purchase Order. At completion of the
Work, the Contractor will remove from and about the Site all waste materials, rubbish, the
Contractor’s tools, construction equipment, machinery and surplus materials.
12.2. If the Contractor fails to clean up, the Sourcewell Member may do so and the cost thereof will
be charged to the Contractor.
13. ACCESS TO THE WORK
13.1. The Contractor will provide the Project Manager access to the Work at all times.
14. ROYALTIES, PATENTS AND COPYRIGHTS
14.1. The Contractor will pay all royalties and license fees. The Contractor will defend suits or claims
for infringement of copyrights and patent rights and will hold the Sourcewell Member and
Project Manager harmless from loss on account thereof, but will not be responsible for such
defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents or where the copyright violations are
contained in Drawings, Specifications or other documents prepared by the Sourcewell Member
or Project Manager. However, if the Contractor has reason to believe that the required design,
process or product is an infringement of a copyright or a patent, the Contractor will be
responsible for such loss unless such information is promptly furnished to the Project Manager.
15. INDEMNIFICATION
15.1. To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are
not covered by insurance purchased by the Contractor, the Contractor will indemnify and hold
harmless Sourcewell, the Sourcewell Member, Project Manager, consultants, and agents and
employees of any of them from and against claims, damages, losses and expenses, including but
not limited to attorney’s fees, arising out of or resulting from performance of the Work,
provided that such claim, damage, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other than the Work itself),
but only to extent caused by the negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by a party
February 2020 Book 2 - Section Two – Contract General Conditions 17
indemnified hereunder. Such obligation will not be construed to negate, abridge, or reduce
other rights or obligations of indemnity which would otherwise exist as to a party or person
described in this Paragraph.
15.2. In claims against any person or entity indemnified under this Paragraph by an employee of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, the indemnification obligation will not be limited by a limitation
on amount or type of damages, compensation or benefits payable by or for the Contractor or a
Subcontractor under workers’ compensation acts, disability benefit acts or other employee
benefit acts.
16. SUBCONTRACTORS
16.1. The Contractor, as soon as practicable after award of the Purchase Order, will furnish in writing
to the Project Manager the names of persons or entities (including those who are to furnish
materials or equipment fabricated to a special design) proposed for each portion of the Work.
The Project Manager will promptly reply to the Contractor in writing stating whether or not,
after due investigation, Contractor has reasonable objection to any such proposed person or
entity. Failure of the Project Manager to reply promptly will constitute notice of no reasonable
objection.
16.2. The Contractor will not contract with a proposed person or entity to whom the Sourcewell
Member or Project Manager has made reasonable and timely objection. The Contractor will not
be required to contract with anyone to whom the Contractor has made reasonable objection.
16.3. If the Sourcewell Member or Project Manager has reasonable objection to a person or entity
proposed by the Contractor, the Contractor will propose another to whom the Sourcewell
Member or Project Manager has no reasonable objection.
17. COORDINATION WITH OTHER CONTRACTORS
17.1. The Sourcewell Member reserves the right to perform construction or operations related to the
Purchase Order with the Sourcewell Member’s own forces, and to award separate contracts in
connection with other portions of the Project or other construction or operations on the Site.
17.2. The Sourcewell Member will provide for coordination of the activities of the Sourcewell
Member’s own forces and of each separate contractor with the Work of the Contractor, who
will cooperate with them. The Contractor will participate with other separate contractors and
the Sourcewell Member in reviewing their construction schedules when directed to do so. The
Contractor will make any revisions to the construction schedule deemed necessary after a joint
review and mutual agreement. The construction schedules will then constitute the schedules to
be used by the Contractor, separate contractors and the Sourcewell Member until subsequently
revised.
18. REQUEST FOR EXTENSION OF TIME
18.1. If the Contractor is delayed at any time in the commencement or progress of the Detailed Scope
of Work by an act or neglect of the Sourcewell Member or Project Manager, or of an employee
of either, or of a separate contractor employed by the Sourcewell Member, or by changes
February 2020 Book 2 - Section Two – Contract General Conditions 18
ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable
casualties or other causes beyond the Contractor’s control, or by other causes which the Project
Manager determines may justify delay, then the Purchase Order Completion Time will be
extended for such reasonable time as the Project Manager may determine.
18.2. The Contractor agrees to make no claim for damages for the delay in the performance of any
Purchase Order occasioned by any act or omission to act of the Sourcewell Member, Project
Manager or any of their representatives, and agrees that any such claim will be fully
compensated for by an extension of time as provided herein.
19. PARTIAL PAYMENTS
19.1. The Contractor may submit a monthly Application for Payment for Work completed to date. The
Contractor will submit Certified Payroll Records, and such other supporting documentation as
may be required by the Project Manager. The Contractor may be required to submit Certified
Payroll Records online. The Project Manager will inspect the work within a reasonable time and
the Sourcewell Member will make partial payments to the Contractor based on the approved
value of completed Work.
19.2. The Sourcewell Member may withhold up to 5% of each payment until final completion of the
Purchase Order.
19.3. The Contractor must promptly pay each Subcontractor, upon receipt of payment from the
Sourcewell Member, out of the amount paid to the Contractor on account of such
Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled,
reflecting percentages actually retained from payments to the Contractor on account of such
Subcontractor’s portion of the Work. The Contractor will, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to its Sub-Subcontractors in a
similar manner.
20. FINAL PAYMENTS
20.1. The Contractor will notify the Project Manager when the Detailed Scope of Work is complete
and ready for final inspection. The Project Manager will promptly make such inspection. If the
Project Manager finds the Detailed Scope of Work complete and all final documentation
submitted, the Project Manager will notify the Contractor that a final Application for Payment
may be submitted.
20.2. The Contractor may then submit a final Application for Payment. The Contractor will submit
Certified Payroll Records and such supporting documentation as may be required by the Project
Manager. The Sourcewell Member will make final payment to the Contractor.
20.3. Acceptance of final payment by the Contractor, a Subcontractor or material supplier will
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.
21. PARTIAL OCCUPANCY FOR USE
21.1. The Sourcewell Member may occupy or use any completed or partially completed portion of the
Work at any stage when such portion is designated by separate agreement with the Contractor,
February 2020 Book 2 - Section Two – Contract General Conditions 19
provided such occupancy or use is consented to by the insurer and authorized by public
authorities having jurisdiction over the Work. Such partial occupancy or use may commence
whether or not the portion is substantially complete, provided the Sourcewell Member and
Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and
have agreed in writing concerning the period for correction of the Work and commencement of
warranties required by the Contract Documents. When the Contractor considers a portion
substantially complete, the Contractor will prepare and submit a list to the Project Manager.
Consent of the Contractor to partial occupancy or use will not be unreasonably withheld. The
stage of the progress of the Work will be determined by written agreement between the
Sourcewell Member and Contractor.
21.2. Immediately prior to such partial occupancy or use, the Sourcewell Member, Contractor and
Project Manager will jointly inspect the area to be occupied or portion of the Work to be used in
order to determine and record the condition of the Work.
21.3. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work will
not constitute acceptance of Work not complying with the requirements of the Contract
Documents.
22. IDENTIFICATION AND SECURITY REQUIREMENTS
22.1. The Contractor will comply with all identification and security requirements that the Sourcewell
Member may establish.
23. PROTECTION OF PERSONS AND PROPERTY
23.1. The Contractor must take reasonable precautions for safety of, and will provide reasonable
protection to prevent damage, injury or loss to:
23.1.1. Employees on the Work and other persons who may be affected thereby;
23.1.2. The Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor’s
Subcontractors or Sub-subcontractors; and
23.1.3. Other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
23.2. The Contractor will give notices and comply with applicable laws, ordinances, rules, regulations
and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss.
23.3. The Contractor will erect and maintain, as required by existing conditions and performance of
the Detailed Scope of Work, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
Sourcewell Member and users of adjacent sites and utilities.
23.4. When use or storage of explosives or other hazardous materials or equipment or unusual
methods are necessary for execution of the Work, the Contractor will exercise utmost care and
carry on such activities under supervision of properly qualified personnel.
February 2020 Book 2 - Section Two – Contract General Conditions 20
23.5. The Contractor will promptly remedy damage and loss (other than damage or loss insured
under property insurance required by the Contract Documents) to property caused in whole or
in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly
employed by any of them, or by anyone for whose acts they may be liable and for which the
Contractor is responsible, except damage or loss attributable to acts or omissions of the
Sourcewell Member or Project Manager or anyone directly or indirectly employed by either of
them, or by anyone for whose acts either of them may be liable, and not attributable to the
fault or negligence of the Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor’s other obligations included herein.
23.6. The Contractor will designate a responsible member of the Contractor’s organization at the Site
whose duty will be the prevention of accidents. This person will be the Contractor’
superintendent unless otherwise designated by the Contractor in writing to the Project
Manager.
23.7. The Contractor will not load or permit any part of the construction or Site to be loaded so as to
endanger its safety.
24. HAZARDOUS MATERIALS
24.1. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to
persons resulting from a material or substance, including but not limited to lead based paint,
asbestos or polychlorinated biphenyl (PCB), encountered on the Site by the Contractor, the
Contractor will, upon recognizing the condition, immediately stop the Work in the affected area
and report the condition to the Project Manager in writing.
24.2. The Sourcewell Member will obtain the services of a licensed laboratory to verify the presence
or absence of the material or substance reported by the Contractor and, in the event such
material or substance is found to be present, to verify that it has been rendered harmless.
Unless otherwise required by the Contract Documents, the Sourcewell Member will furnish in
writing to the Contractor and Project Manager the names and qualifications of persons or
entities who are to perform tests verifying the presence or absence of such material or
substance or who are to perform the Task of removal or safe containment of such material or
substance. The Contractor and the Project Manager will promptly reply to the Sourcewell
Member in writing stating whether or not either has reasonable objection to the persons or
entities proposed by the Sourcewell Member. If either the Contractor or Project Manager has an
objection to a person or entity proposed by the Sourcewell Member, the Sourcewell Member
will propose another to whom the Contractor and the Project Manager have no reasonable
objection. When the material or substance has been rendered harmless, the Work in the
affected area will resume upon written agreement of the Sourcewell Member and Contractor.
The Purchase Order Completion Time will be extended appropriately.
24.3. To the extent permitted by law, the Sourcewell Member will indemnify and hold harmless the
Contractor, Subcontractors, Project Manager, Project Manager’s consultants and agents and
employees of any of them from and against claims, damages, losses and expenses, including but
not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the
affected area if in fact the material or substance presents the risk of bodily injury or death as
described herein and has not been rendered harmless, provided that such claim, damage, loss
or expense is attributable to bodily injury, sickness, disease or death, or to injury to or
February 2020 Book 2 - Section Two – Contract General Conditions 21
destruction of tangible property (other than the Work itself) and provided that such damage,
loss or expense is not due to the sole negligence of a party seeking indemnity.
24.4. The Sourcewell Member will not be responsible for materials and substances brought to the Site
by the Contractor unless such materials or substances were required by the Detailed Scope of
Work.
24.5. If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of
remediation of a hazardous material or substance solely by reason of performing the Work as
required by the Contract Documents, the Sourcewell Member will indemnify the Contractor for
all cost and expense thereby incurred.
25. INSURANCE REQUIREMENTS
25.1. The Contractor must procure and maintain, at its own cost and expense, until final acceptance
of all the Work covered by this Contract, the following kinds of insurance:
25.1.1. Workers' Compensation Insurance. A policy complying with the requirements of the
laws of the state in which the Project is located.
25.1.2. General Liability and Property Damage Insurance. A standard general comprehensive
liability insurance policy or a commercial general liability insurance policy issued to and
covering the liability of the Contractor for all Work and operations under this Contract,
including, but not limited to, contractual and completed operations coverage. The
coverage under such policy will not be less than the following limits: Bodily Injury and
Property Damage Liability, $2,000,000 Each Occurrence, $2,000,000 Aggregate.
25.1.3. Automobile Liability and Property Damage Insurance. A policy covering the use in
connection with the Work covered by the Contract Documents of all owned, non-owned
and hired vehicles bearing, or, under the circumstances under which they are being
used, required by the Motor Vehicle Laws of the State in which the Project is located.
The coverage under such policy will not be less than the following limit: Bodily Injury
and Property Damage Liability, $2,000,000 Each Occurrence.
25.1.4. All Risk Builders Risk Insurance. Where specifically required in the Detailed Scope of
Work, the Contractor will provide, before the Purchase Order is issued, Builders’ Risk
Insurance in an amount at least equal to the Purchase Order Price in a form and by a
carrier acceptable to the Sourcewell Member. The cost of such Builders Risk Policy will
be reimbursed to the Contractor as a reimbursable task.
25.1.5. Pollution Liability Insurance. If a Project involves asbestos abatement encapsulation or
other activities involving hazardous materials, the Contractor, Subcontractor or other
party responsible for such Work will procure and maintain a liability insurance policy
issued to and covering the liability, of the Contractor, Subcontractor or other party
engaged in the removal, or handling of hazardous materials, for bodily injury, illness,
sickness or property damage caused by exposure in an amount not less than $2,000,000
per occurrence and $2,000,000 aggregate. The cost of Pollution Liability Insurance is
included in the Unit Prices and will not be reimbursed separately.
25.2. The Contractor will provide certificates of insurance. Such certificates will be on a form
prescribed by Sourcewell, will list the various coverages and will contain, in addition to any
provisions hereinbefore required, a provision that the policy will not be changed or cancelled
and that it will be automatically renewed upon expiration and continued in force until final
February 2020 Book 2 - Section Two – Contract General Conditions 22
acceptance by Sourcewell, or Sourcewell Member, of all the work covered by the Contract,
unless Sourcewell is given 15 days' written notice to the contrary. Upon request, the Contractor
will furnish Sourcewell or any Sourcewell Member with a certified copy of each policy.
25.3. Contractor must obtain insurance policy(ies) from insurance company(ies) having an “AM BEST”
rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in
the States of Kansas and Minnesota.
25.4. If at any time any of the above-required insurance policies should be cancelled, terminated or
modified so that insurance is not in effect as above required, then, if Sourcewell will so direct,
the Contractor will suspend performance of the work. If the said work is so suspended, no
extension of time will be due on account thereof. If said work is not suspended, then
Sourcewell may, at its option, obtain insurance affording coverage equal to that above
required, the cost of such insurance to be payable by the Contractor.
25.5. Should the awarded Contractor retain a Subcontractor to perform any of the services
mentioned herein, it is the Contractor’s responsibility to ensure that the Subcontractor(s)
maintains the same types of insurance coverage in accordance with the requirements and
amounts indicated herein.
25.6. Sourcewell, its officers, and employees must be included as an additional insured. Any
Sourcewell Member, its officials, officers, and employees must be included as an additional
insured when so requested by the Sourcewell Member.
26. LIQUIDATED DAMAGES
26.1. If provided for in the Invitation for Bid, Sourcewell may assess liquidated damages for each day
after the Purchase Order Completion Time that the Detailed Scope of Work is not complete. It
is understood and agreed by and between Contractor, Sourcewell and the Sourcewell Member,
that time is of the essence in all matters relating to Liquidated Damages.
26.2. The liquidated damages will be determined on a Purchase Order by Purchase Order basis.
27. TESTS AND INSPECTIONS
27.1. Tests, inspections and approvals of portions of the Work required by the Contract Documents
or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction will
be made at an appropriate time. Unless otherwise provided, the Contractor will make
arrangements for such tests, inspections and approvals with an independent testing laboratory
or entity acceptable to the Sourcewell Member, or with the appropriate public authority. The
Contractor will give the Project Manager timely notice of when and where tests and inspections
are to be made so that the Project Manager may be present for such procedures.
27.2. If the Project Manager, Sourcewell Member or public authorities having jurisdiction determine
that portions of the Work require, through no fault of the Contractor, additional testing,
inspection or approval, the Project Manager will instruct the Contractor to make arrangements
for such additional testing, inspection or approval by an entity acceptable to the Sourcewell
Member, and the Contractor will give timely notice to the Project Manager of when and where
tests and inspections are to be made so that the Project Manager may be present for such
procedures. Such costs will be at the Sourcewell Member’s expense.
February 2020 Book 2 - Section Two – Contract General Conditions 23
27.3. If such procedures for testing, inspection or approval reveal failure of the portions of the Work
to comply with requirements established by the Contract Documents, all costs made necessary
by such failure including those of repeated procedures and compensation for the Project
Manager’s services and expenses will be at the Contractor’s expense.
27.4. Required certificates of testing, inspection or approval will, unless otherwise required by the
Contract Documents, be secured by the Contractor and promptly delivered to the Project
Manager.
27.5. If the Project Manager is to observe tests, inspections or approvals required by the Contract
Documents, the Project Manager will do so promptly and, where practicable, at the normal
place of testing.
27.6. Tests or inspections conducted pursuant to the Contract Documents will be made promptly to
avoid unreasonable delay in the Work.
28. GOVERNING LAW AND VENUE
28.1. The Terms of this Contract will be governed by the laws of the State of Minnesota and all Work
will be governed by the place where the Project is located.
28.2. Sourcewell’s liability will be governed by the State of Minnesota’s Tort Liability act (Minnesota
Statutes Chapter 466) and other applicable law.
28.3. All claims and controversies between Sourcewell and Contractor shall be subject to the laws of
the State of Minnesota and are to be resolved in Todd County Minnesota.
29. COMPLIANCE WITH LAWS
29.1. In connection with the performance of this Contract, the Contractor will comply with all
applicable laws, rules and regulations. The parties hereto agree that every provision of law
required to be inserted herein be deemed a part hereof. It is further agreed that if any such
provision is not inserted or is incorrectly inserted, through mistake or otherwise, this Contract
will be deemed amended so as to comply strictly with the law.
30. SEVERANCE
30.1. If the Contract Documents contains any unlawful provision not an essential part of the Contract
Documents and which will not appear to have been a controlling or material inducement to the
making thereof, the same will be deemed of no effect and will, upon notice by either party, be
deemed stricken without affecting the binding force of the remainder.
31. LICENSE
31.1. Contractor must obtain and maintain all licenses required from all public agencies with
jurisdiction over the Work and will keep these documents properly posted at the Site at all
times during the performance of the Work.
February 2020 Book 2 - Section Two – Contract General Conditions 24
32. ASSIGNMENT
32.1. No right or interest in this Contract will be assigned or transferred by the Contractor without
prior written consent of Sourcewell. No delegation of any duty of the Contractor will be made
without prior written consent of Sourcewell.
33. CLAIMS AND DISPUTES
33.1. All claims or disputes between the Sourcewell Member and Contractor will be resolved by
Sourcewell Member’s representative.
34. SUSPENSION AND/OR TERMINATION BY SOURCEWELL FOR CAUSE
34.1. Sourcewell may, in Sourcewell’s discretion: a) suspend Contractor’s participation in the
Procedure for Ordering Work under Book 2, Section One, Article 2.2 (and the sub-articles
thereof), and prohibit the Contractor during such suspension from submitting Price Proposals
with respect to the Projects of Sourcewell and the Projects of any one or more Sourcewell
Member; or, b) may terminate the Contract, if the Contractor:
34.1.1. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
34.1.2. Fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
34.1.3. Persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction; or
34.1.4. Otherwise is in substantial breach of a provision of the Contract Documents.
34.2. In the event of Contract termination, if an unpaid balance of one or more Purchase Orders
exceeds the costs of finishing the Work, such excess will be paid to the Contractor. If such costs
and damages exceed the unpaid balance, the Contractor will pay the difference to Sourcewell.
34.3. The Sourcewell Member may not terminate this Contract between Sourcewell and the
Contractor.
35. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS
WITH DISABILITIES ACT
35.1. The Contractor will not unlawfully discriminate against any employee or applicant for
employment because of race, religion, age, color, sex or National origin, sexual orientation,
marital status, political affiliation, or physical or mental disability if qualified. The Contractor
will take affirmative action to ensure that applicants are employed, and that employees are
treated during their employment without regard to their race, religion, color, sex or National
origin, sexual orientation, marital status, political affiliation, or physical or mental disability.
Such actions will include, but not be limited to the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation; and selection of training, including apprenticeship. The
Contractor agrees to post in conspicuous places available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause.
February 2020 Book 2 - Section Two – Contract General Conditions 25
35.2. The Contractor will comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further will not discriminate
against any employee or applicant for employment because of race, age, religion, color, gender,
sexual orientation, national origin, marital status, political affiliation, or physical or mental
disability. In addition, the Contractor will take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions will include, but not be limited to, the
following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay, other forms of compensation, terms and conditions of
employment, training (including apprenticeship), and accessibility.
36. AUDITS
36.1. Sourcewell may, at any time after reasonable notice, audit Contractor’s records to establish
total compliance and to verify the prices charged are in accordance with the Contract.
Contractor agrees to provide verifiable documentation and tracking in a timely manner.
37. GRATUITIES
37.1. Sourcewell may cancel this Contract if it is found that gratuities, in the form of entertainment,
gifts or otherwise, were offered or given by the Contractor or any agent or representative of
the Contractor, to any employee of Sourcewell, are deemed to be excessive with a view toward
securing a contract or with respect to the performance of this contact. However, paying the
expenses of normal business meals or travel to meetings as described and allowed by law,
which are generally made available to all eligible school and government employees, will not be
prohibited by this paragraph. Samples of software, equipment, or hardware provided to
Sourcewell for demonstration, evaluation or loan purposes are not considered gratuities.
38. FEDERAL FUNDS (APPLIES TO WORK ORDERS DESIGNATED BY AN AGENCY AS
FEDERAL ASSISTED)
38.1. This may be a federal assisted construction contract and Federal Labor standards, including the
Davis-Bacon requirements, will be enforced. If Federal and State wage rates are applicable,
then the higher of the two will prevail. A copy of the Department of Labor Wage Rate
Determination applicable to this Contract must be included.
38.2. Particulars of the current Prevailing Wage Scale, which are applicable to the work contemplated
under these specifications, are filed with the awarding entity and the agency and must be
posted at the project site.
38.3. Certification of compliance with Executive Order 11246, as amended, “EACH BIDDER/OFFER,
CONTRACTOR, OR SUBCONTRACTOR HEREBY CERTIFIES THAT IT WILL FULLY COMPLY WITH
EXECUTIVE ORDER 11246, AS AMENDED BY EXECUTIVE ORDER 11375, AND THE EQUAL
OPPORTUNITY CLAUSE AND RULES AND REGULATIONS ISSUED THEREUNDER, WHICH ARE
HEREBY INCORPORATED BY REFERENCE AS APPROPRIATE. THE CONTRACTOR COMMITS ITSELF
TO SUCH COMPLIANCE BY SUBMITTING A PROPERLY SIGNED BID OR OFFER BY SIGNING OR
OTHERWISE ACCEPTING A CONTRACTOR SUBCONTRACT.”
February 2020 Book 2 - Section Two – Contract General Conditions 26
38.4. The Contractor will not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
38.5. The Contractor will allow the Agency access to Contractor's employment records during regular
business hours to verify compliance with these provisions when so requested by the Agency.
38.6. If this is a HUD Section 3 contract and Contractor must address the Section 3 employment and
contacting goals to be considered a Section 3 responsive bidder. The Contract will be awarded
to a Section 3 responsive bidder, provided that the bid amount is reasonable. The definition of
a responsive bidder will include consideration of a bidder’s responsiveness to Section 3
requirements. A Section 3 responsive bidder who qualifies as a Section 3 Business concern or
one who makes a commitment to meet the employment goal for Section 3 resident(s) and/or
meets the contracting goals for Section3 business firm(s). A bidder who is nonresponsive to
Section 3 requirements will be considered a nonresponsive bidder for the purpose of
evaluation bids for a Section 3 contract. The Contract will be awarded to a Section 3 responsive
bidder, provided that the bid amount is reasonable. A reasonable bid is a bid that is not more
than ten percent (10%) higher than the lowest bid received from any qualified source. If a
Section 3 responsive bid is not received within the ten percent (10%) zone of consideration for
Contract award, the award will be made to the bidder who submits the lowest bid.
38.7. Companies or individuals that are presently debarred, suspended, proposed for debarment, or
declared ineligible for award of federally funded contracts or subcontracts are also ineligible for
award of this contract, either as the prime Contractor or as a subcontractor.
38.8. The following requirements may apply to those Work Orders designated by the agency as
Federally Assisted.
38.8.1. Federal Highway Administration (FHWA) Circular 1273
38.8.2. Federal Equal Employment Opportunity/Affirmative Action Requirements
38.8.3. Federal Labor Standards Provisions
38.8.4. Compliance with Clean Air and Water Acts
38.8.5. Non-collusion Affidavit to Be Executed by Bidder and Submitted With Bid
38.8.6. Non-Segregated Facilities Certification
38.8.7. Certification With Regard to The Performance of Previous Contracts Or Subcontracts
Subject to The Equal Opportunity Clause And The Filing Of Required Reports
38.8.8. Agency Lobbyists Codes
38.8.9. Contractor List of Proposed Subcontractors
38.8.10. Certification of Understanding and Authorization
38.8.11. Equal Employment Opportunity Commitment
38.8.12. Sample Outreach Efforts for Contractors Seeking Section 3 Resident Employees
38.8.13. Section 3 Business Certification Form
38.8.14. Section 3 Economic Opportunity Plan
38.8.15. Section 3 Clause
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February 2020 Book 2 - Section Two – Contract General Conditions 27