Failure to submit a properly signed bid item signature sheet shall result in the bid being rejected. Failure to submit a bid item sheet(s), other than the bid item signature sheet, will result in the bid being considered irregular in accordance with Article 102.07(a). In the event a bid item sheet is missing from the proposal, the Department may replace this sheet with a copy produced from the computer file submitted with the proposal. The Department is not responsible for delay in completion of, or failure to timely submit, a bid due to an alleged website failure or failure of any service associated with the Department’s approved Internet Bidding Service Provider.
102.07Irregular Proposals
Proposals will be considered irregular and may be rejected if they contain any omissions, alteration of form, additions not called for, incomplete bids (includes failure to enter a unit bid price on a bid item or, in the case of an alternate, the alternate being bid by the Contractor), interlineations, erasures or alterations not initialed by the person signing the proposal, inconsistent proposal control numbers on each computer bid item sheet and signature sheet, or other irregularities of any kind. Proposals may be rejected at any time prior to the execution of the contract by the Director. Any bidder using the same or different names for submitting more than one proposal upon any project will be disqualified from further consideration on that project. Evidence that any bidder is interested, as a principal, in more than one proposal for work contemplated (for example bidding in a partnership, as a joint partnership or association, and as a partnership, association, or individuals) will cause the rejection of any such proposal. A bidder, however, may submit a proposal as principal and as a Subcontractor to some other principal, or may submit a proposal as a Subcontractor to as many other principals as he desires, and by so doing will not be liable to disqualification in the intent of these Specifications.
In order that no party of the contract will be financially hurt over changes in the estimated quantities, a proposal may be rejected if any of the unit prices are obviously unbalanced. The Department will decide whether any unit prices are unbalanced either excessively above or below a reasonable cost analysis value determined by the Engineer, particularly if these unbalanced amounts are substantial and contrary to the interest of the Department.
102.08Combination Bids
A bid will be considered as a "combination bid" for two or more projects if the bidder notifies the Department in writing of the intent to submit a combination bid. The bidder shall submit a written statement that the bid will be either an "All or None" Combination Bid, a "Reduction in Unit Price" Combination Bid, a "Total Dollar Amount" Combination Bid or a "Total Number of Contracts" Combination Bid.
The bidder shall clearly designate the proposals that are being combined in a bid that is being submitted as an "All or None" combination bid. The Department will evaluate all bids on these proposals and make awards based on the bids that are most advantageous to the State.
The bidder shall clearly designate the proposals that are being combined in a bid that is being submitted as a "Reduction in Unit Price" combination bid. The bidder shall clearly stipulate the reduction that will be made in the unit price of one or more of the items in any or all of the proposals if awarded the combination. The bidder will not be permitted to make a reduction in any unit price that is fixed by the Department. The Department will select the individual or combination bids that are most advantageous to the State.
The bidder shall clearly designate the proposals that are being combined in a bid that is being submitted as the "Total Dollar Amount" combination bid. A bidder shall clearly stipulate that the bid is for designated projects but requests to be awarded work that will not exceed the designated total dollar amount. The Department will select the proposals that are most advantageous to the Department within the designated total dollar amount. PROPOSAL REQUIREMENTS AND CONDITIONS
The bidder shall clearly designate the proposals that are being combined in a bid that is being submitted as a "Total Number of Contracts" combination bid. A bidder shall clearly stipulate that the bid is for designated projects but requests to be awarded work that will not exceed the designated number of contracts. The Department will select the proposals that are most advantageous to the Department within the designated total number of contracts.
Regardless of the form of the submittal of the bid (paper, computer printout, Internet, etc.) the bidder shall notify the Department in writing of a bid that is being submitted as a combination bid. The written notification must be received in the office of the Department's Office Engineer Assistant Bureau Chief for Plans and Proposals prior to the opening of bids for a bid to be evaluated as a combination bid. The written notification shall be enclosed in the sealed bid package envelope or transmitted by facsimile to the number shown on the proposal cover sheet. The Contractor shall be responsible for verifying that the facsimile has been received by the Department prior to the opening of bids. The letter of notification of a combination bid shall:
A combination bid in which the bidder proposes that a lump sum be deducted from the final estimate is unacceptable. A combination bid in which the bidder proposes that a reduction in prices be made on a percentage basis is unacceptable. Unacceptable proposals for combination bids will be considered irregular by the Department and will be rejected.
Combination bids will not be accepted on any project or projects wholly or partially financed by a city unless all the projects in the combination bid are city financed projects located in the same city. Combination bids will not be accepted on any project or projects wholly or partially financed by a county unless all the projects in the combination bid are county financed projects located in the same county.
102.09Proposal Guaranty
No proposal will be considered unless accompanied by a cashier’s check drawn on an Alabama bank or a bid bond of the prescribed form made payable to the Alabama Department of Transportation in the amount indicated in the Notice to Contractors. The cashier’s check shall have the name of the company submitting the bid and the project number on the check.
102.10Delivery of Proposals
Each proposal for each contract shall be placed, together with the proposal guaranty, in a sealed envelope on the outside of which is written in large letters "Proposals for Highway Work" and so marked as to indicate the project number, the county or counties in which the work is located and the name of the bidder. Proposals will be received in the office of the Department's Office Engineer Assistant Bureau Chief for Plans and Proposals at the Alabama Department of Transportation Building in Montgomery, Alabama, unless otherwise provided, until the hour and date set in the notice to Contractors for the opening thereof. No proposal will be considered which has not been received prior to the time and date set for the opening of bids. Proposals received after that time will be returned. For bidders who choose to use the Department’s approved Internet Bidding Service Provider the preceding is applicable with the exception that the bid sheet component of the proposal will be held at the Department approved Internet Bidding Service Provider’s secure location. This bid sheet will be transmitted to the Department at the time and date specified in the Notice to Contractors.
102.11Withdrawal or Revision of Proposals
A bidder may withdraw or revise a proposal after it has been deposited with the Department provided the request for such is received by the Department in writing or by telegram before the time set for opening proposals. Prior to the time set for opening proposals, a bidder who chooses to use the Department’s approved Internet Bidding Service Provider may withdraw and revise a bid an unlimited AWARD AND EXECUTION OF CONTRACT
number of times without notification or approval by the Department. No proposal can be withdrawn, modified, or corrected after the time set for opening such proposals.
102.12Public Opening of Proposals
Proposals will be publicly opened and bid totals read aloud at the place, time, and date indicated on the "Notice to Contractors" advertisement. Bidders or their authorized agents are invited to be present.
102.13Multiple Bids
In the event that a bidder submits a bid utilizing a digital storage medium and paper submittal and also submits a bid for that proposal utilizing the Department’s approved Internet Bidding Service Provider, the internet bid will be accepted as the sole and exclusive bid.
102.14Familiarity with Laws and Ordinances
Bidders shall familiarize themselves with and shall comply with all Federal and State laws and local laws, ordinances, and regulations which may directly or indirectly affect the work or its prosecution, persons engaged in or employed on the work, and the equipment and tools used in the work. No adjustments or compensation will be allowed for losses caused by failure to comply with this requirement.
Each bidder shall enter the General Contractors license number issued by the State Licensing Board on each submitted bid. Space is provided on the cover sheet of the proposal for the license number. Failure to enter the bidder’s license number on the bid submittal will result in the rejection of the bid.
Prior to being awarded a contract, bidders on projects that are partially or wholly funded with federal monies shall submit a copy of their license issued by the State Licensing Board for General Contractors. Bidders may satisfy this requirement by placing a copy of the license into the proposal of each submitted bid.
It is the bidder’s responsibility to provide proof of being licensed by the State Licensing Board for General Contractors. Failure to do so may result in the rejection of a bid.
Attention is directed to Titles 23 and 39, Code of Alabama, 1975, also Title 23, U.S. Code, and amendments thereto to the date of the contract.
Attention is called to the fact that the wage rates listed in the proposal are minimum required rates. Bidders therefore should investigate and determine the prevailing local wage rates which for certain classes may be higher than the listed minimum rates. Under no condition shall the Contractor pay less than the listed minimum rate, but it may be necessary in some cases to pay more to secure the labor. The bidders should investigate, and the Contractor shall abide by any orders issued by the Wage Adjustment Board or any other Federal agency having jurisdiction over wage rates.
102.15Material Guarantee
The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any or all materials to be used in the construction of the work together with samples, which samples may be subjected to the tests provided for in these specifications to determine their quality and fitness for the work. AWARD AND EXECUTION OF CONTRACT
103.01Consideration of Proposals
After the proposals are opened and read, they will be compared on the basis of the summation of the products of the approximate quantities shown in the bid schedule multiplied by the unit bid prices. AWARD AND EXECUTION OF CONTRACT
The results of such comparisons will be available to the public. In the event of a discrepancy between unit bid prices and extensions, the unit bid price shall govern. The right is reserved to reject any or all proposals, to waive technicalities or to advertise for new proposals, if, in the judgment of the awarding authority, the best interest of the Department will be promoted thereby. A proposal will not be considered unless signed by the bidder or his authorized agent and accompanied by cashier’s check or properly signed bid bond as required by law. For the purposes of Section 103, if the final calendar day specified falls on a weekend or holiday, the next business day will be the final calendar day.
103.02Award of Contract
The award of the contracts, if to be awarded, will be made within thirty (30) calendar days after opening the proposals to the lowest responsible and responsive bidder whose proposals comply with the requirements of Section 102 and the invitation to bid (Notice to Contractors). Should no award be made within thirty (30) calendar days, all proposals will be rejected unless the successful bidder agrees, in writing, to a stipulated extension in the time limit for award. The successful bidder will be notified by confirmed facsimile or letter mailed to the address shown on his proposal that his bid has been accepted and that he has been awarded the contract. After the opening of bids on work involving Federal funds, the award of the contract to the low bidder will be contingent upon said low bidder obtaining a license from the State Licensing Board for General Contractors in accordance with the existing State laws.
Should any responsible bidder be low on more contracts or work than he is qualified to handle under his certificate of qualification issued by the Department, the State reserves the right to select from his submitted proposals those for award to him which are most advantageous to the State. His other submitted proposals will not be considered in making the awards.
The award of the contract will be made in consideration of the bidder's net worth and the dollar value of the bidder's contracting capacity in accordance with the legal requirements for public work. The bidder's contracting capacity is indicated on the face of the bidder's Prequalification Certificate. The dollar value of the contracting capacity of a joint venture is the combined dollar value of the contracting capacity of each co-venturer. Prior to the award of a contract to a joint venture a letter shall be submitted to the Department by the joint venture in which is given an approximate percentage of the work that is assigned to each co-venturer. This letter shall be signed by the same individuals that signed the joint venture's bid proposal and shall be notarized. The approximate percentages of participation shall be rounded to the nearest 5 % with no co-venturer being assigned less than 20 % of the work. After the award of a contract to a joint venture, the dollar value of outstanding work in that contract will be assigned at the designated percentages to each co-venturer in determining the remaining contracting capacity of each co-venturer.
By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. The Contractor shall submit a certificate of compliance form to the Department for each contract prior to award. This form must have an original signature, and the project will not be awarded without the form. The certificate of compliance form is available on ALDOT’s website https://alletting.dot.state.al.us/ and shall be furnished to the Alabama Department of Transportation by the apparent low bidder within ten (10) days of the letting at the following address: Alabama Department of Transportation Bureau of Office Engineer, Contracts/Administrative Section 1409 Coliseum Boulevard, Room E-101 Montgomery, Alabama 36110 AWARD AND EXECUTION OF CONTRACT
103.03Cancellation of Award
The Director reserves the right to cancel the award of any contract at any time before the execution of the said contract by all parties, without any liability against the State. The Director may also reject the bid of the lowest bidder if any of the conditions for disqualification noted in Article 102.02 are found to exist at any time prior to the execution of the contract by all parties. The Director may award the contract to the next lowest responsible bidder when it is determined to be in the best interest of the State.
103.04Return of Proposal Guaranties
All proposal guaranties, except those of the three (3) lowest bona fide bidders, will be returned without undue delay after proposals have been checked, tabulated, and the relation to the proposals established. The proposal guaranty of the three (3) lowest bona fide bidders will be returned as soon as the contract bonds and the contract of the successful bidder have been properly executed and approved. When the award is deferred for a period of time longer than fifteen (15) calendar days after the opening of the proposals, all proposal guaranties except those of the potentially successful bidders will be returned. Should no award be made, all guaranties will be returned. Should the successful bidder agree in writing to a stipulated extension in the time limit for award, the Director may, at his discretion, permit the successful bidder to substitute a satisfactory bidder's bond if a cashier’s check was submitted with his proposal as a proposal guarantee. The Director reserves the right to return all proposal guaranties by registered mail and his responsibility shall end upon the mailing thereof.
103.05Requirements of Contract Bonds
The bidder to whom the award is made shall, within fifteen (15) calendar days after the prescribed forms have been presented to him for signature (i.e. after date of award), furnish and file with the Transportation Director an acceptable surety bond on the form included in the proposal in an amount equal to 100 percent of the contract bid price of the contract as awarded. Said bond shall be furnished by a surety company qualified and authorized to make such bonds in the State of Alabama and countersigned by an authorized agent resident in the State who is qualified to execute such instruments. The bond shall have attached thereto the power of attorney of the signing official unless such power of attorney is already on file in the office of the Department. In case of default on the part of the Contractor, all expense incident to ascertaining and collecting losses suffered by the State under the bond, including engineering, direct administration, and legal services, shall be charged against the contract bond for performance of the work.
In addition thereto, the bidder to whom the award is made shall, within the same fifteen (15) calendar days, execute and file with the Director an acceptable surety bond payable to the State in an amount not less than 100 percent of the contract bid price, with the obligation that the Contractor shall promptly make payment to all persons furnishing him or them with labor, materials, feed stuffs, services, insurance, bond, or supplies for or in the prosecution of the work, and for the payment of reasonable attorney’s fees, incurred by successful claimants or plaintiffs in suits on said bond.
Surety bonds shall continue to be acceptable to the Director throughout the life of the contract. In event the surety executing the bonds, although acceptable to the Director at the time of execution of the contract, subsequently becomes insolvent, bankrupt, unreliable, or otherwise unsatisfactory due to any cause which becomes apparent after the Director's initial acceptance of the bonds, then the Director will require that the Contractor replace the bonds with like bonds drawn on a surety company which is acceptable to the Director. In such event, all costs of the premium for the new bonds will be borne by the Contractor.
The Department will not accept bonds from a surety that has failed to perform in accordance with the terms of any bond that the surety has submitted to the Department. Prospective bidders will be informed in the "Notice to Contractors" that a surety bond is unacceptable.
103.06Execution of Contract
The contract shall be executed by the bidder to whom award is made, on the form included in the proposal, and returned to the Director with satisfactory contract bonds within fifteen (15) calendar days after the prescribed forms have been presented to him for signature (i.e. after date of award). Should
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