TC - SECTION 2: BIDDING REQUIREMENTS AND CONDITIONS TERMS AND CONDITIONS TC - SECTION 2: BIDDING REQUIREMENTS AND CONDITIONS
TC-2.01PROJECT CLASSIFICATION
The Administration will estimate the cost of the Contract and classify it within one cost group and letter designation as follows: COST GROUP ESTIMATE COST GROUP LETTER CLASS Up to $ 100 000 A $ 100 001 to $ 500 000 B $ 500 001 to $ 1 000 000 C $ 1 000 001 to $ 2 500 000 D $ 2 500 001 to $ 5 000 000 E $ 5 000 001 to $ 10 000 000 F $10 000 001 to $ 15 000 000 G $ 15 000 001 to $ 30 000 000 H $ 30 000 001 to $ 50 000 000 I $ 50 000 001 to $ 75 000 000 J $ 75 000 001 to $ 100 000 000 K Over $ 100 000 000 L The letter designation will be published as part of the Notice to Contractors.
TC-2.02CONTENTS OF BID FORMS
All documents included in or attached to the bid form are necessary parts thereof and shall not be detached, separated or altered. The Plans, Specifications, Supplemental Specifications, referred to in the Specifications, and all other Contract Documents will be considered a part of the bid form whether attached thereto or not.
TC-2.03PREPARATION OF BID
Administration. The bidder shall specify a price in dollars and cents for each pay item given.
software. The bid, if submitted by an individual, shall be electronically signed by the individual. If submitted by a partnership, the bid shall be electronically signed by such 77 78
TC - SECTION 2: BIDDING REQUIREMENTS AND CONDITIONS member or members of the partnership and have authority to bind the partnership. If submitted by a corporation or other business entity, the same shall be electronically signed by an officer with his or her position stated below the signature line. Such signature shall constitute the Contractor’s representation and warrant that the signing party has Contractor’s authorization to do so, binding the Contractor to the bid and to the Contract. There shall be no strikethrough text submitted though the Administration-required electronic bidding software.
to furnish samples or descriptive literature, it shall be electronically submitted with the bid, unless the Invitation for Bids provides otherwise.
confidential, proprietary information, or trade secrets and provide any justification of why such materials should not be disclosed by the State under the Maryland Public Information Act, General Provisions Article, Title 4 of the Annotated Code of Maryland.
of the Annotated Code of Maryland, corporations not incorporated in the State shall register with the State Department of Assessments and Taxation before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.
TC-2.04PROPOSAL GUARANTY
by a guaranty in an amount not less than 5 percent of the amount bid, or such amount as may be specified elsewhere in the bid documents and made payable to the State of Maryland.
electronic bidding software and website in a form satisfactory to the State underwritten by a surety company authorized to do business in this State;
account;
government or bonds issued by the State of Maryland; or
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TC - SECTION 2: BIDDING REQUIREMENTS AND CONDITIONS
TC-2.05DELIVERY OF BIDS
The bid shall be submitted only via the Administration-required electronic bidding software and website. Paper copy submittals of the bid will not be accepted, except for the Proposal Guaranty. An authorized representative is required to sign the bid electronically. The Administration may choose to reject a bid if it is not electronically signed by an authorized representative. The bidder shall ensure delivery of its bid with all required components and attachments, including, but not limited to:
be uploaded to Manual Verification tab for Bid Bond and submitted with the bid. The original proposal guaranty with the Contractor name, Contract number, and the bid opening date must be sent to or delivered to: Attention: C/O Contract Award Division, Building #4, Maryland Department of Transportation State Highway Administration, 7450 Traffic Drive, Hanover MD 21076. It must be received by the Administration no later than three business days after bid opening.
Administration by the bid opening date and time. An acknowledgement may be obtained by the bidder as a proof of proposal guaranty delivery.
The Bidder is solely responsible for any errors and for timely submission of the bid, all components thereof, and all attachments, through the electronic bidding system. The Administration assumes no responsibility for any claim arising from the failure of any Bidder or of the electronic delivery system to cause any bid, bid component, or attachment to not be delivered or to deliver corrupt files before the time set for bid opening.
TC-2.06AMENDMENTS TO INVITATIONS FOR BIDS
identified as such. 80
TC - SECTION 2: BIDDING REQUIREMENTS AND CONDITIONS
the Administration-required electronic bidding software and website.
TC-2.07PRE-OPENING MODIFICATION OR WITHDRAWAL OF BIDS
required electronic bidding software and website before the time and date set for bid opening.
the bid security, if any, shall be returned to the bidder.
TC-2.08LATE BIDS, LATE WITHDRAWALS, AND LATE
MODIFICATION
accept the submission of bids after the designated time and date set for bid opening. The Administration-required electronic bidding software will neither allow the withdrawal nor the modification to a submittal after the designated time and date set for bid opening. Any bid received at the place designated in the solicitation after the time and date set for receipt of bids is late. Any request for withdrawal or request for modification received after the time and date set for opening of bids at the place designated for opening is late.
may not be considered. Late bids will be returned to the bidder unopened. Upon written approval of the Office of the Attorney General, exceptions may be made when a late bid, withdrawal, or modification is received before Contract award, and the bid, withdrawal, or modification would have been timely but for the action or inaction of State personnel directing the procurement activity or their employees. NOTE: Provision TC-2.08(b) does not apply to Federal Aid projects.
TC-2.09CANCELLATION OF INVITATIONS FOR BIDS
State determines this action is fiscally advantageous or otherwise in its best interest.
to the vendors submitting them and notice of cancellation shall be included.
TC-2.10VALUE ENGINEERING CHANGE PROPOSALS
The Contractor may submit to the District Engineer, in writing, Value Engineering Change Proposals (VECP) for modifying the Contract Documents for the purpose of reducing the total 81
TC - SECTION 2: BIDDING REQUIREMENTS AND CONDITIONS cost of construction without reducing design capacity or quality of the finished product. The District Engineer will then forward the proposal to the Chief Engineer with recommended action. The final decision to accept or deny the VECP will be made by the Chief Engineer. The Administration will not consider appeals once the final decision is made. If accepted by the Administration, net savings resulting from a VECP will be equally divided between the Administration and the Contractor. The Contractor may elect to pursue one of the following options: Option 1— Submit the detailed plans, specifications, and estimate of savings, or Option 2— Submit a written concept of the VECP for tentative approval and if accepted, submit the detailed plans, specifications, and estimate for final approval at a later date. Each VECP shall result in a net savings to the Contract cost without impairing essential functions and characteristics of the items or of any other part of the project, including but not limited to service life, reliability, economy of operation, ease of maintenance, desired aesthetics, and safety. As a minimum, the Contractor shall submit the following information before final approval of a VECP can be given:
together with an itemization of the Contract items and requirements affected by the VECP.
shall be accomplished.
so as to obtain the maximum cost effectiveness. The Administration will require 30 days to review and approve a VECP.
The Administration will process the VECP in the same manner as prescribed for any other proposal that would necessitate issuance of a change order. The Administration may accept, in whole or in part, any VECP by issuing a change order, which will identify the VECP on which it is based. The Administration will not be liable to the Contractor for failure to accept or act upon any VECP submitted pursuant to these requirements nor for any delays to the work attributable to any VECP proposal. Until a proposal is affected by a change order, the Contractor shall remain obligated to the terms and conditions of the existing Contract. If an executed change order has not been issued 82
TC - SECTION 2: BIDDING REQUIREMENTS AND CONDITIONS by the date upon which the Contractor's proposal specifies that a decision should be made, or any other date as the Contractor may subsequently have specified in writing, the proposal shall be deemed rejected. The change order affecting the necessary Contract modification will establish the net savings agreed upon, will provide for adjustment in the Contract prices or Contract time, and will indicate the net savings to be equally divided between the Contractor and the Administration. The Contractor's costs for preparation of the VECP and the Administration's costs to review and administer the VECP will be deducted from the gross savings. The Administration reserves the right to include in the agreement any conditions it deems appropriate for consideration, approval, and implementation of the proposal. The Contractor's 50 percent share of the net savings shall constitute full compensation for affecting all changes pursuant to the agreement. Acceptance of the VECP and performance of the additional work will not change the Contract time limit as a result of the VECP, unless specifically provided for in the change order authorizing the VECP. The Administration expressly reserves the right to adopt a VECP for general use in Contracts administered by the Administration when it determines that the proposal is suitable for application to other Contracts. VECPs identical or similar to previously submitted proposals will be eligible for consideration and compensation under these provisions if such proposals were not previously adopted for general application to other Contracts administered by the Administration. When a VECP is adopted for general use, compensation pursuant to these requirements will be applied only to those Contracts awarded and for which the subject VECP has been submitted prior to the date of adoption of the specific VECP. Proposed changes in the basic design of a bridge or pavement type, or requiring modification to the right of way limits, will not normally be considered as an acceptable VECP. Quantity decreases or elimination of any Contract pay items as a result of changing field conditions, errors, etc. will not be considered as an acceptable VECP. If a VECP is based upon or similar to a change in the Plans, Specifications, or Special Provisions adopted by the Administration prior to submission of the VECP, the Chief Engineer will reject the proposal. These requirements apply to all VECPs initiated and developed by the Contractor and which are identified as such by the Contractor at the time of its submission to the Chief Engineer; however, nothing herein shall be construed as requiring the Chief Engineer to consider or approve a VECP submitted by the Contractor. Subject to these provisions, the Administration or any other public agency will have the right to use all or part of any accepted VECP on other projects without obligation or compensation of any kind to the Contractor. In the event a VECP is accepted by the Administration, the provisions of the Contract Documents that pertain to adjustment of Contract unit prices due to alterations of Contract quantities will not apply to the items adjusted or deleted as a result of affecting the VECP by change order. 83
TC - SECTION 2: BIDDING REQUIREMENTS AND CONDITIONS
TC-2.11OWNER/OPERATOR
For the purpose of labor compliance, the term "Owner/Operator" will be defined as being the individual who owns and operates their own vehicle. The prevailing wage rates shall not apply to these individuals. However, they shall appear on the payroll of the Contractor or subcontractor with the notation "Owner/Operator." Employees of Owner/Operator shall be subject to prevailing wage rates and shall appear on a certified payroll.
TC-2.12DEBARMENT / SUSPENSION
Pursuant to Maryland Board of Public Works Advisory 2003-4, the Administration verifies whether bidders, their affiliates, or their subcontractors have been suspended or debarred by the State of Maryland or the federal government by using the following lists:
debarment list.
TC-2.13PARTNERING
The Administration invites the Contractor, subcontractors, and suppliers to participate in a voluntary partnership agreement for the work. The partnership will be structured to draw on the strengths of each organization through open communication, teamwork, and cooperative action to identify and achieve reciprocal goals. The objectives are effective and efficient Contract performance, completion within the Contract bid price, on schedule, and in conformance with the Contract Documents. This partnership will not change the legal relationship of the parties to the Contract nor relieve any party from any of the terms of the Contract. The Administration will contact the Contractor to determine if there is an interest in partnering. If the Contractor is interested, the Administration's Assistant District Engineer Construction and the Contractor's management representative will meet, plan, and organize a partnering development team. Persons recommended to be on the team are: The Administration's District Engineer, Assistant District Engineer, Area Engineer, Construction Project Engineer, and Project Design Engineer, the Contractor's designated on site project manager, and key project supervision personnel of both the Contractor and principal subcontractors and suppliers. FHWA and key local government personnel will also be invited to attend as necessary. The initial workshop team meeting will be held prior to the Preconstruction Conference. Follow up workshops may be held regularly as agreed by the Contractor and the Administration. The partnership will be bilateral. Participation is voluntary. All partnering costs will be shared equally by the Contractor and the Administration. 84
TC - SECTION 3: SCOPE OF WORK TERMS AND CONDITIONS TC - SECTION 3: SCOPE OF WORK
TC-3.01GOVERNING ORDER OF CONTRACT DOCUMENTS
The Contract Documents, including but not limited to the Standard Specifications, the Special Provisions Inserts, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of any discrepancy between the drawing and figures written thereon, the figures, unless obviously incorrect, will govern over scaled dimensions. In the event of any discrepancy between the various Contract Documents, the governing order from highest to lowest shall be Special Provisions, Plans, Special Provisions Inserts, and Standard Specifications. General Provisions will govern over all Contract Documents unless expressly provided for in the Contract.
TC-3.02CONSTRUCTION DOCUMENTS TO SUCCESSFUL BIDDER
The bidders on each Contract advertised by the Administration are responsible to download the Plans, Invitation for Bids Books, Cross Sections (if provided), and As-Built Plans (if provided) during the bidding process from the websites listed elsewhere in the Invitation for Bids. Upon award and if requested, the Administration will provide the successful bidder electronic copies of Plans, Invitation for Bids Books Cross Sections (if included), and As-Built Plans (if included).
TC-3.03RIGHTS IN THE USE OF MATERIALS FOUND ON THE
PROJECT The Contractor, with the approval of the Engineer may use on the project any excavated stone, gravel, sand, or other material conforming to the requirements of the Contract Documents. When these materials are used for select, capping, modified, or common borrow and conform to the pertinent materials Specifications, payment will only be made at the Contract unit price for the class of excavation from which the materials are obtained. In the event these materials are processed through a crushing, screening, washing, or sorting plant for use as another pay item, the Contractor will be paid both for the excavation of such materials at the Contract unit price and at the Contract unit price for which the material is used. The Contractor shall replace with other acceptable material all of the portion of the excavated material removed and used that was needed for use in the embankments, backfills, approaches, or otherwise, at no additional cost to the Administration.