Orange County NC Website
AIA Document A701™ – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018 by The American Institute of Architects. All rights reserved. The “American <br />Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was <br />produced by AIA software at 11:21:23 ET on 05/19/2020 under Order No.0880219024 which expires on 03/25/2021, is not for resale, is licensed for one-time use <br />only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. <br />User Notes: (1198746443) <br />3 <br />§ 3.1.2 Any required deposit shall be refunded to Bidders who submit a bona fide Bid and return the paper Bidding <br />Documents in good condition within ten days after receipt of Bids. The cost to replace missing or damaged paper <br />documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the paper Bidding <br />Documents, and the Bidder’s deposit will be refunded. <br />§ 3.1.3 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the advertisement or <br />invitation to bid, or in supplementary instructions to bidders. <br />§ 3.1.4 Bidders shall use complete Bidding Documents in preparing Bids. Neither the Owner nor Architect assumes <br />responsibility for errors or misinterpretations resulting from the use of incomplete Bidding Documents. <br />§ 3.1.5 The Bidding Documents will be available for the sole purpose of obtaining Bids on the Work. No license or grant <br />of use is conferred by distribution of the Bidding Documents. <br />§ 3.2 Modification or Interpretation of Bidding Documents <br />§ 3.2.1 The Bidder shall carefully study the Bidding Documents, shall examine the site and local conditions, and shall <br />notify the Architect of errors, inconsistencies, or ambiguities discovered and request clarification or interpretation <br />pursuant to Section 3.2.2. <br />§ 3.2.2 Requests for clarification or interpretation of the Bidding Documents shall be submitted by the Bidder in writing <br />and shall be received by the Architect at least seven days prior to the date for receipt of Bids. <br />(Indicate how, such as by email, website, host site/platform, paper copy, or other method Bidders shall submit requests for <br />clarification and interpretation.) <br />email: dwilgus@smithsinnett.com <br />§ 3.2.3 Modifications and interpretations of the Bidding Documents shall be made by Addendum. Modifications and <br />interpretations of the Bidding Documents made in any other manner shall not be binding, and Bidders shall not rely upon <br />them. <br />§ 3.3 Substitutions <br />§ 3.3.1 The materials, products, and equipment described in the Bidding Documents establish a standard of required <br />function, dimension, appearance, and quality to be met by any proposed substitution. <br />§ 3.3.2 Substitution Process <br />§ 3.3.2.1 Written requests for substitutions shall be received by the Architect at least ten days prior to the date for receipt <br />of Bids. Requests shall be submitted in the same manner as that established for submitting clarifications and <br />interpretations in Section 3.2.2. <br />§ 3.3.2.2 Bidders shall submit substitution requests on a Substitution Request Form if one is provided in the Bidding <br />Documents. <br />§ 3.3.2.3 If a Substitution Request Form is not provided, requests shall include (1) the name of the material or equipment <br />specified in the Bidding Documents; (2) the reason for the requested substitution; (3) a complete description of the <br />proposed substitution including the name of the material or equipment proposed as the substitute, performance and test <br />data, and relevant drawings; and (4) any other information necessary for an evaluation. The request shall include a <br />statement setting forth changes in other materials, equipment, or other portions of the Work, including changes in the <br />work of other contracts or the impact on any Project Certifications (such as LEED), that will result from incorporation of <br />the proposed substitution. <br />§ 3.3.3 The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect’s decision of <br />approval or disapproval of a proposed substitution shall be final. <br />§ 3.3.4 If the Architect approves a proposed substitution prior to receipt of Bids, such approval shall be set forth in an <br />Addendum. Approvals made in any other manner shall not be binding, and Bidders shall not rely upon them. <br />DocuSign Envelope ID: ECCAC5A0-6CC8-4B37-8AD3-89D69F0AE1AE