for Highway Construction Page 25 of 715 SECTION 103 – AWARD AND EXECUTION OF CONTRACT
103.01 Consider ation of Proposals .
After the bid opening, the Department will post the total proposal amount for each bid received to the Department’s website. After each bid opening, bid proposals will be reviewed to ensure the necessary requirements have been met (e.g., valid public works license, electrical contractor) no later than 5 pm MT the next business day. The Contractor will be notified if their bid proposal was deemed irregular as specified in 102.10 and for what specific reason(s). The Department’s website will be updated showing the bid proposal being marked only as irregular. After each bid opening, bid proposals will be reviewed to ensure the necessary requirements have been met. If a proposal does not meet the DBE requirements, the proposal will be deemed irregular. The apparent low bidder will be notified if their proposal was deemed irregular as specified in 102.10 and for what specific reason(s). The Department’s website will be updated showing the proposal was deemed irregular. Once contracts have been distributed to the apparent low bidder with a letter of intent, the Department will post the bid abstracts (i.e., the dollar amount bid per bid item) to the Department’s webpage. For proposals with only one bidder, the bid abstracts are not posted to the Department’s website. The Department may take the following actions if the Department determines the action is in its best interest:
1.Award the contract .
2.Reject proposals.
3.Waive technicalities in proposals.
4.Advertise for new proposals.
5.Proceed to do the work by other means.
A.Release of Bid Abstracts. The Department will post bid comparison results (i.e., bid abstracts) to the Department’s website for projects with more than one bidder after contracts have been distributed to the apparent low bidder for execution.
103.02 Award of Contract .
The contract will be awarded to the lowest responsible bidder within 45 calendar days after the bid opening. The Department and the lowest responsible bidder may mutually agree, in writing, to defer the award beyond 45 calendar days. In cases where approval from the Local Sponsor, the Board, and/or the FHWA must be required before award, the Department may delay the award for up to 60 calendar days without considering increases in costs because of the delay in award. In cases where the award is delayed longer than 60 calendar days, the Department will consider increases in costs because of the delay in award. For contracts that include federal -aid funding, the 45- day period from the date of the bid opening may be extended a reasonable time for the lowest responsible bidder, or their specialty subcontractor(s), to secure for Highway Construction Page 26 of 715 a public works license, provided the license application is filed with the Public Works Contractors License Board within 1 business day following receipt of the notice of intent to award letter. If either of the following conditions precludes award, the Department will release the lowest responsible bidder’s proposal guaranty:
1.Public Works Contractors License Board denies the bidder’s application.
2.The Department determines it is not in the public interest to defer construction pending licensing. If the lowest responsible bidder does not submit the license application on or before the first business day following receipt of the notice of intent to award letter or if the lowest responsible bidder withdraws the application, the bidder forfeits the proposal guaranty the same as if the bidder does not execute a contract . The Engineer’s estimate will be released only upon contract execution and posted to the Department’s website. The Bidder must be fully registered in SAM.gov prior to award.
103.03 Return of Surety Proposal Bond.
After the Department opens and compares the proposals, the Department will immediately return proposal guaranty received in the form of a certified or cashier’s check to the bidders, except for the 2 lowest responsible bidders. The Department will return the surety proposal bonds received in the form of a certified or cashier’s check to the unsuccessful of the 2 lowest responsible bidders within 10 business days after the contract notice of intent has been sent. The Department will return the proposal guaranty received in the form of a certified or cashier’s check of the successful bidder after the successful bidder submits the required contract bonds and signed contract.
103.04 Contract Bonds .
As the lowest responsible bidder, provide a performance bond and a payment bond, each equal to the original contract amount, as specified in 54- 19, Idaho Code. Execute the contract bonds on the Department -provided forms . The Department will release the performance bond within 45 calendar days after final contract acceptance . The Department will subtract monies owed as a result of this contract from the obligations. For settlement of claims, the Department will hold obligations deposited as the payment bond for one year from the last day labor, equipment, or material was provided by the Contractor or from the final payment date to the subcontractors in accordance with 54- 1927, Idaho Code.
103.05 Execution and Appr oval of Contract .
Sign and return the contract with the contract bonds within 15 calendar days after contract receipt. If the Department does not execute the contract within 15 calendar days after the Department’s receipt of the signed contract and bonds, the bidder may withdraw the proposal without penalty. The contract will not be effective until fully executed.
103.06 Failure to Execute Contract .
If the bidder does not perform the following within 15 calendar days after contract receipt, the Department may cancel the contract award and keep the proposal guaranty as liquidation of damage: for Highway Construction Page 27 of 715 1. Execute the contract .
2.File the contract bonds .
3.Obtain the appropriate license as specified in 107.03.1. The Department may choose to proceed, award the contract to the nex t lowest responsible bidder, or advertise for new proposals. for Highway Construction Page 28 of 715 SECTION 104 – SCOPE OF WORK
104.01 Intent of Contract .
A.General. The contract intent is to define the scope of work and identify the rights and obligations of the Department and the Contractor for the construction, execution, and completion of the work. Perform the work as required by the contract.
B.Construction Partnering: The Department intends to develop a partnership between the Department and the Contractor, including Subcontractors, for project success through the requirement of Construction Partnering. Construction Partnering is “Establishing open lines of communication, making commitments to solve problems, treating all members of the team with respect, and focusing on the ultimate project purpose and associated goal. . . (AASHTO Partnering Handbook, 2018).” The purposes of Construction Partnering are: • To enhance project and work zone safety • To produce customer -focused results • To use innovative problem solving • To overcome extraordinary challenges • To effectively administer the contract • To provide timely completion of projects To help achieve success, follow these specifications and the recommendations in the ITD Construction Partnering Guide (Partnering for Construction Project Success Guide) found at the following link: https://itd.idaho.go v/wp-content/uploads/2022/03/Construction_Partnering_Guide.pdf . If formal or informal partnering is not indicated in the contract documents, the Department and the Contractor will agree if formal or informal partnering will be used. If formal partnering, select and use a professional partnering facilitator who is mutually agreed upon by the Contractor and the Engineer. If needed and agreed upon, partnering status can be changed from informal to formal at any time. Schedule and coordinate at least one “kick -off” construction partnering workshop. Additional meetings and frequency will be determined using the guide. Construction Partnering is used to help solve project issues in a timely manner and does not relieve either party of contractual obligations or remove either party’s rights; the standard specifications for claims and disputes found in sections 105.16, 105.17, 105.18, and 105.19 remain valid. The requirements for documentation and submittals for disputes or claims are not relieved by the partnering specification. The Department suggests concurrent use of Construction Partnering and the claims/dispute settlement provisions mentioned above. The Department will pay for the professional partnering facilitator (for either informal or formal partnering) and approved associated expenses by invoice (i.e. facilitator costs, venue, etc.). The Department will pay the Contractor an additional 15 percent of the invoiced expenses to cov er partnering administrative costs.
Source: Idaho Standard Specifications for Highway Construction, 2023 Edition. Pages 61–63 of 768.