CONSTRUCTION CONTRACT
FOR ADVERTISED BID PROJECTS
MINNESOTA STATE FORM 110
INSTRUCTIONS TO COLLEGE/UNIVERSITY
MINNESOTA STATE FORM 110 –CONSTRUCTION CONTRACT FOR ADVERTISED BID PROJECTS
1.Financial Coding Block:
Insert data to complete the financial coding block at the top of the first page.
2.Contractor Name, Address, and Information:
CONTRACTOR:[Insert Full Legal Name]
STREET ADDRESS:[Insert Full Legal Address]
CITY, STATE, ZIP[Insert City, State Zip]
TELEPHONE NUMBER:[Insert Business Telephone Number]
- Legal Organization:
Insert corresponding information for only one of the three about the Contractor’s business organization as applicable.
1.)Applies to corporations only; [insert the name of the state] in which the company is incorporated.
2).Applies to partnerships only; [insert the names of all the partners].
2.)Applies to sole ownerships only (a sole ownership is a business that is owned by an individual and that is not incorporated); [insert the name of the sole owner].
4.Project Name, Project Location, Name of College/University, City:
Insert the Project Name and Location from the Advertisement for Bids.
PROJECT NAME: [Insert Project Name]
PROJECT LOCATION:[Insert Building Name, if applicable]
NAME OF COLLEGE OR UNIVERSITY:Insert Name of College/University]
CITY:[Insert City], Minnesota
5.Date of Bid Opening:
[Insert the Date of the Bid Opening].
6.Time of Completion:
Insert the Time of Completion using either a specific date (e.g. November 15, 2016) or a specific number of calendar days (e.g. twenty-five (25) calendar days) after the date of the written Notice to Proceed. You may change the wording to read …obtain Substantial Completion by December 1, 2016 and Final Completion by January 15, 2017. Do not use vague terms such as, “as soon as possible”.
7.Agreement Sum:
Insert the Agreement total amount in written words, followed by the numerical form. This is the base bid amount less any deduct alternates that are taken to keep the project in budget.
Example: Three Million, Two Hundred Thirteen Thousand Four Hundred and
No/100 Dollars ($3,213,400.00).
8.Bid Alternates:
If Bid Alternates are subtracted from the Base Bid to keep the project within budget, insert the reference numbers from the Bid Form of the Alternates accepted along with a brief description of the alternate. For example: If there were three Alternates and the first two Alternates are accepted, insert the reference numbers “1. Vinyl sheet flooring in lieu of terrazzo flooring and “2. Single roofing over entry canopy in lieu of standing seam metal roofing" in the blank provided.
NOTE: If used, Alternates must be accepted in numerical order. If no Alternates are applicable, delete this phrase.
9.Unit Prices:
If the bid includes Unit Prices, those costs should be included as part of the terms of the Agreement Sum. Insert a reference to the Unit Prices from the Bid Form that are accepted. If no Unit Prices are applicable, delete this phrase.
10.Liability of State Employees:
Insert the Name of the College/ University where the Work will be performed.
11.Signatures:
In Box 1 heading, insert the Name of the Contractor.
C110.40 LETTER OF AWARD
- Insert Date of Letter
- Insert Contractor Name and Address
- Insert the Project Name and Location from the Advertisement for Bids
- Insert Date of Bid Opening
- Insert Name and Title of Person sending out the Letter of Award
- Insert Names of Project Team members who need copies to include C/U Project Manager, SO Program Manager, Owner’s Representative, Architect/Engineer, C/U Authorized (as applicable)
Minnesota State Form 130 (C110.50), Minnesota State Form 131 (C110.51), Minnesota State Form 133 (C110.55) and Minnesota State Form135 (C110.57)
For contracts in an amount in excess of $50,000.00, the Contractor must provide a Payment and Performance Bond using the following documents:
Minnesota State Form 130Performance Bond for Construction
Minnesota State Form 131Payment Bond for Construction
Minnesota State Form 133Corporate Acknowledgment for Contractor
Minnesota State Form 135Acknowledgment of Surety
Minnesota State Form130 and Minnesota State Form 131
Modifications for Minnesota StateForm130 and Minnesota State Form 131:
1.Contractor:Insert the company name and address of the Contractor.
2.Surety:The Contractor will insert the name and address of their Surety.
3.Contract Amount:Insert full contract amount in written words, followed by the numerical form.
4.Project Description:Insert the same Project Description as appears on the Agreement (Form
Minnesota State 110).
Contractor will be responsible for filling out page 2 of both forms.
Minnesota State Form 133 and Minnesota State Form 135
Note that the College/University does not make any modifications to either Minnesota State Form 133 or Minnesota State Form 135. These are to be completed by the Contractor.
ELECTRONIC SIGANTURE CONDITIONS (PI.16)
Electronic Signature Conditions: Signed by Contractor and returned with contract documents.
CONSTRUCTION CERTIFICATE OF INSURANCE (ICC.10)
Provide an example of the Construction Certificate of Insurance in the award package.
CONTRACT EXECUTION
Once the contract documents are received back from the Contractor, the Project Manager should verify that all the required forms have been attached and signed by the Contractor.
Insurance:
When awarded the contract, the Contractor must provide certification of insurance and endorsements for additional insured as described in the General Conditions of the Contract for Construction, Article 11 - Insurance.
The College/University must review the completed insurance certificate(s) to confirm the Contractor has obtained the required insurance and endorsements before the College/University signs the Agreement.
The College/University Project Manager should review the insurance certificate(s) on an ongoing basis to ensure insurance does not lapse. By contract, the contractor is required to maintain coverage at the prescribed levels through construction as well as through the warranty period and provide notice if insurance is canceled or amended.
Minnesota State 130, Minnesota State Form 131, Minnesota State Form 133 and Minnesota State Form 135
Review for signatures and dates.
SIGNATURES:Agreement signatures must be signed in the order of the boxes shown.
The Contractor must sign the Agreement first in Box 1.
For corporations, either the corporate president or two other corporate officers must sign the Agreement.
For partnerships, at least two of the partners must sign the Agreement.
For sole ownership, the sole owner must sign the Agreement.
The College/University signs the Agreement in Boxes 2, 3, and 4, in sequence.
In Box 3 heading, insert the Name of the College/University.
Notice to Proceed:
Once the College/University has reviewed and confirmed that the contract documents are correct, the College/University signs the Agreement. The College/University then issues the Notice to Proceed letter.
The Contractor shall not begin Work until the written Notice to Proceed letter has been issued.
- Insert Date of Letter
- Insert Contractor Name and Address
- Insert the Project Name, College/University Name and Address where Project is located
- Insert Purchase Order Number
- Insert Name and Title of Person sending out the Letter of Award
- Insert Names of Project Team members who need copies
Note: For contracts greater than $100,000, send a copy of the Notice to Proceed to: MN Department of Human Rights (fax 651.296.9042 or email ).
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