102Bidding Requirements and Conditions

— BIDDING REQUIREMENTS AND CONDITIONS

102.01CONTRACTOR QUALIFICATIONS

Contractors who bid on Department of Transportation P rojects shall provide the State with the following information according to 23 C.F.R. §635.110 & R. I. Gen. Laws § 37-2-26:

vehicles and power equipment owned, leased, or in the possession of the Contractor for use on the RIDOT Project.

address of any superintendents, P roject managers, engineers, or other supervisory personnel assigned to RIDOT Projects. For each individual, include the following: ● A detailed statement of qualifications and/or current resume for each superintendent, Project manager, engineer, or other supervisory personnel to be assigned to RIDOT Projects ● Disclosure of any suspension or debarment action taken against any principal, officer, director, superintendent, Project manager, or other supervisory personnel by any federal, state, or municipal agency within the preceding five years

original copy of its current financial statement.

low bidder shall: ● Provide copies of executed agreements with any proposed minority owned business enterprise (MBE)/disadvantaged business enterprise (DBE) Subcontractor(s) who will provide services or materials on a RIDOT Project. ● Provide documentation that the proposed MBE/DBES ubcontractor(s) has received Subcontractor approval from the RIDOT minority business office. ● Disclose any suspension or debarment action taken against any principal, officer, director, and superintendent of the proposed MBE/DBE Subcontractor by any federal, state, or municipal agency within the preceding five years. ● Provide a summary of the type of Work that the MBE/DBE is authorized to perform.

● Provide a written statement to RIDOT’s equal employment opportunity office setting forth the number of employees who shall be trained in each job classification and job training program as required by Contract provisions for Federal aid Projects. ● Provide a written certification that the Contractor and all Subcontractors shall comply with all statutory apprenticeship and prevailing wage requirements.

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who shall serve as the Contractor’s equal employment opportunity officer (EEOO) and a statement on the EEOO’s qualifications.

Contractor’s letterhead certifying that the Contractor shall not discriminate in affording equal employment opportunity to all job applicants and employees.

ubcontractors . For each Contract, the apparent low bidder shall provide a written statement containing the full name and business address of all proposed Subcontractors with a summary of the type and extent of Work, services, and/or material that the Subcontractors shall provide on RIDOT Projects. For each Subcontractor listed, state: ● If the proposed Subcontractors have performed or provided similar Work services or materials on other Rhode Island public works projects and, if so, provide a list thereof ● All suspension or debarment action taken against all proposed Subcontractors and their principals, superintendents, Project managers, and other supervisory personnel by all federal, state or municipal agency within the preceding five years.

● For each Contract, the apparent low bidder shall provide a written statement from a State licensed and authorized bonding company listed in the United States Department of the Treasury, Fiscal Services, Circular 570 (or latest revision of Federal Register), that it shall issue the required bond(s) for RIDOT Projects and all limitations thereon; ● Provide a written statement from insurance companies authorized to transact business in the State of Rhode Island indicating a willingness to issue the required commercial general liability, business, automobile, workers compensation, environmental, Contractor’s equipment floaters, and other types of insurance coverage in the amounts necessary for RIDOT Projects.

submit: ● A copy of the joint venture agreement with the Proposal that clearly identifies the entities or former entities comprising the joint venture and the officers of the joint venture ● For Proposals as a joint venture, the joint venture shall be independently registered as a user of the State’s procurement system ● Financial Statements for each entity according to 102.01 if a newly formed joint venture has no previous record of finances

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100-20SECTION 102 — BIDDING REQUIREMENTS AND CONDITIONS

102.02CONTENTS OF PROPOSAL FORMS

The State’s procurement system generates the Proposal Form as part of the Contract Bid Package with the Plans, Specifications, and additional Contract bid documents. The Proposal consists of three parts: • The Notice to Contractors and the Bidder Certifications required of the prospective Bidder as conditions to its offer to perform the Contract Work. • The “Proposal Pages,” or “Bid Schedule,” where the various items of Work are listed in a numbered sequence, and where the unit prices entered by the Bidder and the total bid amounts of each item are recorded and tabulated. • The “Signature Page,” which includes the “ Total” or “Gross Sum of Bid”, and which is signed by the Bidder or its authorized signatory. This signature signifies the Bidder's acceptance of all requirements and conditions of the Contract and its agreement to complete the Work by the specified Contract Time(s).

102.03INTERPRETATION OF ITEM QUANTITIES IN THE PROPOSAL

The quantities appearing in the Bid Schedule are estimates used by the Department for the comparison of bids. The Department pays the Contractor for the measured quantities of Work performed and accepted or materials furnished and accepted according to the Contract. The estimated quantities of Work to be performed and the materials to be furnished may be increased, decreased, or eliminated as deemed necessary by the Engineer and/or according to Subsections

104.02and 109.03

102.04EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE

OF WORK. Bidders shall examine the site of the proposed Work, the Contract Bid Package, and the State Procurement Regulations before submitting a Proposal. The Bidder is responsible for all site conditions that should have been discovered if a reasonable site investigation had been performed. The State considers the submission of a Proposal to be conclusive evidence that the Bidder is satisfied with the conditions it expects to encounter in performing the requirements of the proposed Contract. Whenever boring logs or other records of subsurface investigations are included in the Contract Documents and/or are available for inspection by Bidders, it is understood that such information is not intended as a substitute for the personal investigation, interpretation, and judgment of the Bidders. This information is available to the Bidders such that all have access to identical subsurface information available to the State. Boring logs and other records of subsurface investigations apply only to the locations of the samples at the time so indicated in the record(s). Since material quantities may vary within the project limits, the Bidder should anticipate variances in proportions and quantities and impacts on the work. The State makes no warranty or guaranty, either expressed or implied, that the conditions indicated in the subsurface information provided by the Department will be the actual conditions that may be encountered. The Bidder is required to rely upon their own interpretation of any subsurface information provided by the Department.

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The locations of utilities depicted on the Plans are approximate. The Contractor is responsible to determine the exact location of existing utilities, both underground and overhead, within the project limits. The State may compensate for damage to utilities that are not shown on the Plans and not located by the respective utilities. The Contractor is otherwise responsible for all damage to utilities.

102.05PREPARATION OF PROPOSAL

The Contractor shall use the State’s procurement system to prepare its Proposal. The submission of a Proposal verifies the Bidder's acceptance of all requirements and conditions of the Contract and its agreement to complete the work by the specified Contract Time(s).

102.06PROPOSAL GUARANTY

A Proposal will not be accepted or considered unless accompanied by a guaranty in the form of an original Bid Bond made payable to the State of Rhode Island. Surety companies licensed and authorized to conduct business in the State of Rhode Island shall provide bid bonds. All surety companies shall be listed with the Department of the Treasury, Fiscal Services, Circular 570, (latest revision published by the Federal Register). The amount of the Proposal Guaranty shall be as designated in the Notice to Contractors. When the Bidder is a Joint Venture, the Proposal Guaranty shall be in the name of the Joint Venture. Execution of the Bid Bonds is not complete unless accompanied by a certified copy of the power of attorney for the surety's attorney-in-fact.

102.07NON-RESPONSIVE PROPOSALS

it for any of the following irregularities: ● More than one Proposal for the same Work is submitted from an individual, partnership, firm, corporation, Joint Venture, or other legal entity under the same or different name. ● The Proposal form is obtained from any party other than the State. ● The Bidder is not a registered user of the State’s procurement system. ● The Proposal form is altered or any part is detached or incomplete. ● The Proposal form is not signed. ● There are unauthorized additions, unauthorized conditional or alternate bids, or irregularities of any kind that may make the Proposal incomplete, indefinite, or ambiguous regarding its meaning. ● The Bidder adds any provisions reserving the right to accept or reject an award. ● The Proposal is not completed using the State’s procurement system. ● The State determines that the low bid is materially unbalanced.

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100-22SECTION 102 — BIDDING REQUIREMENTS AND CONDITIONS

● The Proposal is received after the time designated for the opening of bids in the Notice to Contractors. ● The Bidder fails to execute the required certifications enumerated in the Proposal. ● The Bidder fails to submit an original Bid Bond of the character and amount indicated in the Proposal. ● The Bidder’s electronic files and the hard copy submission do not match, unless such a discrepancy is determined to be the result of an error or malfunction within the State’s procurement system. ● The electronic files are not submitted, according to the requirements of 102.05.

non-responsive and may reject it for any of the following irregularities: ● The Bidder fails to include at least a minimum amount where required for a particular item. ● The Bidder fails to comply in every detail with the instructions provided in 102.05. ● The Proposal is mathematically unbalanced. ● The Bidder fails to comply with any other requirement set forth in the Notice to Contractors.

102.08WITHDRAWAL OR REVISION OF PROPOSALS

A Bidder may withdraw or revise a Proposal after its submission only as permitted by the Division of Purchases. If a Bidder withdraws its Proposal according to this provision, the State will return the Proposal Guaranty to the Bidder. The State reserves the right to revise the Plans, Specifications, other Contract documents, the Proposal, and bid opening date for any Project at any time before the time set for opening Proposals. The State makes such revisions by addendum, duly numbered and dated, and accessible to bidders through its procurement system.

102.09COMBINATION OR CONDITIONAL PROPOSALS

The State may issue Requests for Proposals for Projects in combination or separately, so that Bidders may submit Proposals on the combination or on separate units of the combination. The State reserves the right to make awards on combination bids or separate bids in such manner deemed most advantageous to the State. The State will consider only specified Proposal combinations and may issue separate Contracts for each Project included in the combination. The State will consider Conditional Proposals only when specified in the Special Provisions.

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102.10DISQUALIFICATION OF BIDDERS

its Proposal as non-responsive at any time upon any of the following occurrences: ● Indication of collusion among Bidders ● Making false statements on prequalification documents and/or any other required Bidder's certifications ● Failure to comply with any requirements in 102.01 ● Debarment or suspension by Federal or State authorities ● Failure to provide a properly executed Contract Bond

not responsible and reject its Proposal as non-responsive upon occurrence of any of the following: ● Lack of competency, adequate workers, equipment, or demonstrated ability to meet Contract requirements ● Incomplete Work under current Contracts, which in the judgment of the State may adversely affect the timely completion of additional Work, if awarded ● Failure to comply with a written order of the Engineer as provided in 105.01 under current and/or prior Contracts ● Attempts, whether successful or not, to influence Department policy through gratuities, gifts, or offers of employment ● Failure to pay, satisfactorily settle, or provide good cause justification for all bills, claims, debts, or judgments pertaining to the Contractor’s labor and material on existing Contracts, provided that the State has paid the Contractor for the amounts expended on the labor and material being considered on a specific Contract and specific Contract pay item, except for any amounts in dispute between the State and the Contractor ● Failure to pay or satisfactorily settle Subcontractor payments as provided in 109.10 ● Failure to comply with any post qualification regulations or requirements of the State ● Default under previous State Contracts ● Refusal to remove and replace rejected materials or nonconforming Work ● Failure to execute a previous Contract after receipt of the Notice of Tentative Award ● Any other reason deemed appropriate or necessary by the State that is in the public’s best interest

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100-24SECTION 102 — BIDDING REQUIREMENTS AND CONDITIONS

102.11MATERIAL GUARANTY

The successful Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any or all materials it uses in the construction of the Project, including samples tested for conformance with Contract provisions. Include the cost of furnishing statements, certifications, and material samples in the Bid. For Federal -aid Projects, the Bidder is advised of the Buy America (23 CFR 635.410) requirements for domestic steel and iron products in 106.01.2.

102.12BIDDING CERTIFICATIONS

Collusion Certificate for Contract and Force Account, affirmed by the Bidder as true under penalty of law. By submission of a Proposal, each Bidder and each person signing the Proposal, which includes the Anti- Collusion Certificate on behalf of the Bidder, certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief: ● It arrives at its prices in its Proposal independently without collusion, consultation, communication, or agreement with any other Bidder, or with any competitor, for restricting competition. ● The prices in its Proposal have not been nor will the Bidder knowingly disclose them, directly or indirectly, to any other Bidder or competitor before the opening of Proposals unless required by law. ● The fact that a Bidder (i) has published price lists, rates, or tariffs covering items being procured, (ii) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (iii) has sold the same items to other customers at the same prices being bid, does not constitute a disclosure within the meaning of this. ● The Bidder has not induced, nor will it attempt to induce, any other person, partnership, or corporation to bid or not to bid for the purpose of restricting or manipulating the competitive bid process. ● The State’s procurement system will not enable a prospective Bidder to complete the preparation of a Proposal unless the Bidder certifies that it has complied with this Section. ● Submission of the Proposal to the State is affirmative evidence that the Bidder’s board of directors or other applicable entity authorized the signing and submission of the Proposal and all corresponding certificates, including the certificate of non- collusion by the corporation.

Proposal submitted to the State shall contain the Certification regarding Debarment, Suspension, and Other Responsibility Matters, duly affirmed by the Bidder as true under

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penalty of law. Through its submission of the Certificate, the Bidder certifies, under penalty of law, that it: ● Is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency ● Has not been convicted of or had a civil judgment rendered against it for fraudulent or criminal acts in connection with a public contract or transaction within the last three years ● Is not presently indicted or otherwise criminally charged for fraudulent or criminal acts regarding a public contract or transaction ● Has not had one or more public contracts or transactions terminated for cause or default within the last three years. If a Bidder is unable to certify to any of the conditions above, the Bidder shall attach the reasons for its inability to certify to the hard copy, which the State will consider for mandatory or non-mandatory disqualification and Contractor responsibility. The State’s procurement system will generate a statement on the signature page of the Proposal that additional documentation is attached in support of the Bidder’s inability to fully certify to the provisions.

containing provisions for the participation of Minority Owned Business Enterprise (MBE)/Disadvantaged Business Enterprises (DBEs), Bidders shall complete a Certification affirming compliance with the US Department of Transportation and applicable State of Rhode Island regulations regarding participation by Disadvantaged Business Enterprises in the Work as Contractors, Subcontractors, and/or suppliers of materials and services. The Certification requires the Bidder to affirmatively seek out and consider qualified Disadvantaged Business Enterprises to participate in the Contract and to submit a Disadvantaged Business Enterprise Program within ten days from the receipt of bids. The State’s procurement system will not enable a prospective Bidder to complete the preparation of a Proposal unless the Bidder completes the DBE Certification form in the Proposal.

submission of a Proposal, any lobbying of Federal agencies, employees, officers, members of Congress, or officers or employees of Congress regarding a covered Federal action. Each Bidder and person signing a Proposal shall certify that: ● No Federal appropriated funds were paid, or will be paid, by or on behalf of the Bidder to any individual or entity for the purpose of influencing or attempting to influence any Federal agency, employee, or officer regarding the awarding of any Federal Contract, the making of a Federal grant or loan, or any other form of a contractual nature.

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100-26SECTION 102 — BIDDING REQUIREMENTS AND CONDITIONS

● Although it has not used Federal appropriated funds, it engages in lobbying activities and submits a complete Standard Form LLL “Disclosure Form to Report Lobbying” with its Proposal. ● The Bidder also acknowledges by submitting a bid Proposal that the requirements of this certification shall also apply to all lower tier Subcontracts that exceed $100,000 and that all Subcontractors shall certify and disclose accordingly. ● The State’s procurement system will not enable a prospective Bidder to complete the preparation of a Bid Proposal unless the Bidder certifies that it has met the requirements of this. To complete a Bid Proposal, the Bidder shall certify that it did not use Federally appropriated funds for lobbying purposes or, if it engaged in lobbying activities, it discloses this activity on Standard Form LLL, which is included in the State’s procurement system.

USC §§ 2000d – 2000d4 (the Act) and 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 (the Regulations), Bidders shall complete a Certification affirming compliance with the Act and the Regulations. By submission of a Proposal, each Bidder and each person signing a Proposal certifies that the Bidder affirmatively agrees as follows: ● Compliance with Regulations . The Bidder shall comply with the regulations for nondiscrimination in Federal -aid programs of the State and 49 CFR Part 21, as amended. ● Nondiscrimination. The Bidder shall not discriminate on the grounds of race, color, sex, national origin, age, or disability in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Bidder shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program listed in Appendix B of the Regulations. ● Solicitations for Subcontractors, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Bidder for Work to be performed under a Subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Bidder of its obligations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, or disability. ● Information and Reports. The Bidder shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and facilities as the State determines to be pertinent to ascertain compliance with the Regulations, orders, and instructions. Where any information required of the Bidder is in the exclusive possession of another who fails or refuses to furnish this information, the Bidder shall so certify to the State and shall document its efforts to obtain the information.

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● Sanctions for Noncompliance. In the event of the Bidder’s noncompliance with the nondiscrimination provisions, the State may impose such Contract sanctions as it determines to be appropriate, including, but not limited to: ○ Withholding of payments under the Contract until the Bidder complies ○ Deductions of monies from payments otherwise owed in an amount equal to the value of the affected Work ○ Cancellation, termination, or suspension of the Contract in whole or in part ● Incorporation of Provisions . The Bidder shall include the provisions of Non - Compliance below in everyS ubcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Bidder shall take such action with respect to any Subcontract or procurement as the State may direct as a means of enforcing such provisions, including sanctions for non- compliance provided, however, that if the Bidder becomes involved in or is threatened with litigation with a Subcontractor or supplier as a result of such direction, the Bidder may request the State to enter into such litigation to protect the interests of the State. ● Non-Compliance. The State’s procurement system will not enable a prospective Bidder to complete the preparation of a Proposal unless the Bidder completes the Title VI Certification form in the Proposal.