103.03 Award and Execution of Contract
The Department will not award a contract to a bidder that has not complied with the statements in the Non -Collusive Bidding Certification. When the bidder submits an electronic bid, the electronic media will prescribe the certifications. The following do not constitute a disclosure within the meaning of Part 1 of the Non -Collusive Bidding Certification: The bidder has published price lists, rates, or tariffs covering items being procured. The bidder has informed prospective customers of propos ed or pending publication of new or revised price lists for such items. The bidder has sold the same items to other customers at the same prices being bid.
103.01 Consideration of Pro Posals
The Department will publicly open and read the Proposals. For each submitted Proposal, the Department will review and verify the product of the unit price and estimated quantity for each item and the total Proposal amoun t. The Department will compare its estimate for each item with the products of the unit price and estimated quantities in each Proposal, compare acceptable Proposals, and publicly announce the results. The Commission reserves the right to promote the Stat e’s best interest by: Rejecting any or all Proposals, Waiving an administrative error that would void an otherwise valid award, Re-advertising for new Proposals, or Proceeding to do the work by other procurement methods. The Department may deem as nonrespo nsive and reject a Proposal that does not fully comply with all requirements of the Bid Notice and Proposal Forms.
103.02 Award of Contract
With the recommendation of the Director, the Commission will award the Contract to the lowest responsible bidder wit h a responsive Proposal in accordance with the Department’s requirements. The Commission will award the Contract within the time period allowed by law.
103.03 Cancellation of Awar D
The Commission may cancel the Contract award at any time before the execut ion of the Contract in accordance with Subsection 103.09, “Failure to Execute Contract. ” The Department and Commission will not incur any liability for this action. For federal -aid Projects, concurrence and funding by the Federal Agency is required before the Department will execute the Contract. If these requirements are not met, the Commission may AWARD AND EXECUTION OF CONTRACT 103.07 unilaterally rescind the award of the Contract, even after execution of the Contract. If the Commission rescinds the award, the Department will return the Proposal Guaranty to the successful bidder, and release both parties from obligations and liabilities created by the Contract. The Department may cancel the award of a Contract if the Contractor: Does not timely provide Bonds or irrevocable Letter of Credit, or Does not provide proper evidence of project specific insurance.
103.04 Return of Proposal G Uaranties
The Department will return Proposal Guaranties to unsuccessfu l bidders immediately after the selection of the lowest responsible and responsive bidder. The Department will return the successful bidder’s Proposal Guaranty after the Contract and bonds have been signed by the Contractor and received and executed by the Department.
103.05 Bonding Requirements
Return the signed Contract to the Department with the following: A Performance Bond, A Statutory and Payment Bond, and A Maintenance Bond, if required by the Contract. The successful bidder may submit a single irrev ocable Letter of Credit instead of the Bonds described above on any Department Contract. Submit an irrevocable Letter of Credit on the form prescribed by the Department of Central Services with the State identified as the beneficiary. The Letter of Credi t must be issued by a financial institution insured by the Federal Deposit Insurance Corporation, or the Federal Savings & Loan Insurance Corporation. The successful bidder shall obtain the Department’s approval of the Surety. The Surety shall provide bonds in compliance with the rules, regulations, policies, and procedures of the Commission, addressing the Department’s terms for the bonds, executed by the Surety, and accompanied by valid and acceptable Powers of Attorney. The Department of Central Ser vices will prescribe the form of the Letter of Credit.
103.06 Vacant
103.07 Execution of Contrac T
The Contract shall be signed in black or blue ink by the individual, all members of a partnership or joint venture, or a duly authorized officer of the corpor ation, to whom the Contract was awarded. The successful bidder shall return the signed Contract to the Department, within the time limit specified in the Proposal Forms. The Department will execute the Contract within 14 working days after receiving the signed Contract from the successful bidder, and will return a copy of the executed Contract to the successful bidder. The Department will not allow construction to begin until the Contractor receives the Notice to Proceed and notifies the designated Reside nt Engineer.
104.02 Scope of Work
103.08 Approval of Contract
The Contract will not be binding upon the Department or Commission until executed by the Director or authorized designee, approved as to form and legality by the General Counsel or authorized designee, and delivered to the Contractor.
103.09 Failure To Execute C Ontract
The Commission will rescind the Contract award if the successful bidder does not do the following: Comply with any of the requirements of the Proposal Forms, Sign the Contract, Provide project specific certificates of insurance, or Provide the Bonds, or irrevocable Letter of Credit, required by law. If the Commission rescinds the award, the Department may require forfeiture of the Proposal Guaranty. SECTION 104 SCOPE OF WORK
104.01 Purpose of Contract
The purpose of the Contract is to provide details for the construction and completion of the Work. The Contractor is responsible for providing all labor, materials, equipment, and incidentals required to complete the work in accordance with the Contract. No alterations based upon the increase or decrease in pay item quantities may be entered into that: Increase the length or extent of a project by more than 25 percent, Increase the length or extent of a federal aid pr oject by any amount without the consent of the Federal Highway Administration, Cumulatively increase the original Contract amount by more than 15 percent on projects of $1,000,000 or less, or Cumulatively increase the original Contract amount by more than the greater of $150,000 or 10 percent on projects of more than $1,000,000. Change orders or cumulative change orders, which exceed these limits, will require a re -advertising for bids.
104.02 Special Work
As necessary, the Department may prepare Special Pr ovisions describing work included in the Proposal Forms. The Department will consider Special Provisions attached to or incorporated by reference in the Proposal Forms to be part of the Contract.