3-1 Consideration of Bids.
For the purpose of award, after opening and reading the Proposals, the Department will consider as the bid the correct summation of each unit bid price multiplied by the estimated quantities shown in the Proposal. On this basis, the Department will compare the amounts of each bid and make the results of such com parison available to the public. Until the actual award of the Contract, however, the Department reserves the right to reject any or all Proposals and to waive technical errors that the Department determines, in its sole discretion, to be in the best interest of the State. The Department reserves the right to delete the bid portion of the utility relocation work from the Contract. When the Department deletes utility relocation work from the Contract, the Department will recalculate the Contract bid tabulat ions based on the remaining project quantities. In the event that the Department deletes utility relocation work from the Contract, the utility owner will relocate such utilities in accordance with the backup Utility Relocation Schedule contained in the C ontract Documents.
3-2 Award of Contract.
3-2.1 General: If the Department decides to award the Contract, the Department will
award the Contract to the lowest responsi ble Bidder whose Proposal complies with all the Contract Document requirements. If award ed, the Department will award the Contract within 50 days after the opening of the Proposals, unless the Special Provisions change this time limit , or the Bidder and the Department extend the time period by mutual consent. Prior to award of the Contract by the Department, the Bidder must provide proof of authorization to conduct business in the State of Florida.
3-2.2 Bids Exceeding Bidder’s Maximum Capacity Rating: Prior to award of the
Contract, t he Department will address bids exceeding a Bidder’s maximum capacity rating, and the resulting impact on the Bidder’s qualification to bid, in accordance with Florida Administrative Code Rules 14 -22.003 and 14-22.009.
3-3 Cancellation of Award.
The Department reserves the right to cancel the award of any Contract at any time before the execution of the Contract by all parties, with no compensation due any of the Bidders.
3-4 Release of Proposal Guaranty.
The Department will release all Proposal Guaranties except those of the two lowest responsible Bidders imm ediately following the opening and checking of the Proposals. The Department will immediately release the Proposal Guaranty of the two lowest responsible Bidders after the successful Bidder delivers the executed Contract and a satisfactory Contract Bond to the Department, except that the Department will not retain the Proposal Guaranty of the next-to-lowest responsible Bidder longer than 50 days after the opening of the Proposals unless the Department awards the Contract to the next lowest responsible Bidder prior to the expiration of this time limit. FY 2023-24 Return to Table of Contents
3-5 Contract Bond Required.
3-5.1 General Requirements of the Contract Bond: Upon award, furnish to the
Department, and maintain in effect throughout the life of the Contract, an acceptable Contract Bond in a sum at least equal to the amount of the Contract. Execute such Contract B ond on Department Form 375 -020-27. Obtain the Contract Bond from a Surety licensed to conduct business in the State of Florida, meet ing all of the requirements of the laws of Fl orida and the regulations of the Department, and ha ving the Department’s approval. Ensure that the Surety’s Florida Licensed Insurance Agent’s name, address, and telephone number is clearly stated on the Contract Bond form. The Department may waive the r equirement for all or a portion of a Contract Bond if:
1.The Contract amount is $250,000 or less, and the Department determines that the project is of a noncritical nature and that nonperformance will not endanger the public health, safety, or property ;
2.The Contractor is a qualified nonprofit agency for the blind or for the other severely handicapped under Section 413.036(2), Florida Statutes; or,
3.The Contractor uses a subcontractor that is a qualified nonprofit agency for the blind or for t he other severely handicapped under Section 413.036(2), Florida Statutes. However, the Department may not waive more than the amount of the subcontract. The Department may require alternate means of security if it waives the requirement for a Contract Bond.
3-5.2 Continued Acceptability of Surety: Provide a Contract Bond that remains
acceptable to the Department throughout the life of the Contract. In the event that the Surety executing the Contract B ond, although acceptable to the Department at the time of execution of the Contract, subsequently becomes insolvent or bankrupt, or becomes unreliable or otherwise unsatisfactory due to any cause that becomes apparent after the Department’s initial approva l of the Surety, then the Department may require that the Contractor immediately replace the Contract Bond with a similar Contract B ond issued by a Surety that is reliable and acceptable to the Department. In such an event, the Department will bear all cos ts of the premium for the new Contract B ond, after deducting any amounts that are returned to the Contractor from their payment of premium on the original Contract B ond.
3-5.3 Default by Contractor: In case of default on the part of the Contractor, the
Department will charge against the Contract B ond all expenses for services incidental to ascertaining and collecting losses under the Contract B ond, including accounting, engineering, and legal services, together with any and all costs incurred in connection with renegotiation of the Contract.
3-5.4 Surety to Furnish Legal Defense as to Payment and Performance Claims or
Suits: The Surety shall indemnify and provide defense for the Department when called upon to do so for all claims or suits against the Depar tment, by third parties, pertaining to Contractor payment or performance issues arising out of the Contract where the Contractor has failed to timely provide the Department such defense . It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract amount, which shall be the original Contract amount as may be modified by subsequent Supplemental Agreements.
3-5.5 Liability for Wrongful or Criminal Act by Contractor: The principal and Surety
executing the Contract B ond shall be liable to the State in any civil action that might be instituted FY 2023-24 Return to Table of Contents by the Department or any officer of the State authorized in such cases, for double any amount in money or property the State might lose, or be overcharged, or otherwise be defrauded of by any wrongful or criminal act of the Contractor, their agent or their employees.
3-6 Execution of Contract and Contract Bond.
Within 10 calendar days, excluding Saturdays, Sundays , and State holidays, after receipt of the Contr act award, execute the necessary agreements to enter into a Contract with the Department and return the Contract along with a satisfactory Contract Bond and documentation evidencing all insurance required by 7 -13 to the Department’s Contracts Office that a warded the Contract. For each calendar day , excluding Saturdays, Sundays , and State holidays, the Contractor is late in delivering to the Department’s Contracts Office all required documents in properly executed form, the Department will deduct one day from the Contract Time . The Department will not be bound by any Proposal until the Department executes the asso ciated Contract. The Department will execute the Contract within 5 calendar days, excluding Saturdays, Sundays, and State holidays, after receipt of the signed Contract, necessary agreements , Contract Bond, and all other required documents from the Contra ctor.
3-7 Failure by Contractor to Execute Contract and Furnish Bond.
In the event that the Contractor fails to execute the awarded Contract and to submit an acceptable Contract B ond, as prescribed in 3 -5 and 3-6, within 10 calendar days , excluding Saturdays, Sundays , and State holidays, of receipt of the Contract award, the Department may annul the award, causing the Contractor to forfeit the Proposal Guaranty to the Department as liquidation of damages sustained. The Department may then award the Contract to the next lowest responsible Bidder, re-advertise, or accomplish the Work using alternate resources .
3-8 Audit of Contractor’s Records.
Upon execution of the Contract, the Dep artment reserves the right to conduct an audit of the Contractor’s records pertaining to the project. The Department or its representatives may conduct an audit, or audits, at any time prior to final payment, or thereafter pursuant to 5 -13. The Department may also require submittal of the records from either the Contractor or any subcontractor or material supplier . As the Department deems necessary, records include all books of account, supporting documents, and papers pertaining to the cost of performance of the Work. Retain all records pertaining to the Contract for a period of not less than three years from the date of the Engineer’s final acceptance of the project, unless a longer minimum period is otherwise specified. Upon request, make all such record s available to the Department or its representative(s). For the purpose of this Article, records include but are not limited to all books of account, supporting documents, and papers that the Department deems necessary to ensure compliance with the provisi ons of the Contract Documents . If the Contractor fails to comply with these requirements, the Department may disqualify or suspend the Contractor from bidding on or working as a subcontractor on future Contracts. Ensure that the subcontractors provide ac cess to their records pertaining to the project upon request by the Department. Comply with Section 20.055(5), Florida Statutes, and incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. FY 2023-24 Return to Table of Contents
3-9 Public Records.
The Contractor shall comply with Chapter 119, Florida Statutes. Specifically, the Contractor shall:
1.Keep and maintain public records required by the Department to perform the service.
2.Upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or all ow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
3.Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor d oes not transfer the records to the Department .
4.Upon completion of the Contract, transfer at no cost to the Department , all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the se rvice. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department , upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Failure to comply with Chapter 119, Florida Statutes and the Article 3-9 shall be grounds for immediate unilateral termination of this Contract by the Department pursuant to 8 -9.1. FY 2023-24 Return to Table of Contents SECTION 4 SCOPE OF THE WORK
4-1 Intent of Contract.
The intent of the Contract is to provide for the construction and completion in every detail of the work described in the Contract. Furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Contract Documents. Upon execution of the Contract, conduct all written communication associated with the Contract using a paperless electronic means. When the Specification s require a submission of documentation, such documents must be submitted and exchanged electronically using the Department provided web -based collaboration site. All documents requiring a signature must be executed electronically by both parties in accordance with Chapter 668, Florida Statutes, and have the same force and effect as a written signature. All persons requiring access to the collaboration site shall be identified during the preconstruction conference. Persons may be added or removed during th e life of the Contract on an as needed basis. All signatories must acquire a digital signature certificate.
4-2 Work not covered by Standard Specifications.
Proposed construction and any contractual requirements not covered by these Standard Specification s may be covered by Contract Plan notes or by Supplemental Specifications or Special Provisions for the Contract, and all requirements of such Supplemental Specifications or Special Provisions shall be considered as a part of these Specifications.
4-3 Alteration of Plans or of Character of Work.
4-3.1 General : The Engineer reserves the right to make, at any time prior to or during the
progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial ch ange or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, sh all not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. The term “signi ficant change” applies only when:
1.The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or
2.A major item of work, as defined i n 1-3, is increased in excess of 125% or decreased below 75% of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity in acco rdance with 4 -3.2 below. In the case of a decrease below 75% the Department will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity. In (1) above, the determination by the Engineer shall be conclu sive. If the determination is challenged by the Contractor in any proceeding, the Contractor must establish FY 2023-24 Return to Table of Contents
Source: Florida Standard Specifications for Road and Bridge Construction, 2024 Edition. Pages 24–27 of 1,299.