1-22 SECTION 102 – BIDDER REQUIREMENTS AND CONDITIONS
102.01 INTERPRETATION OF QUANTITIES IN BID PROPOSAL . The estimates of quantities of work
to be performed and/or material s to be furnished as shown on the proposal are approximate and are provided only as a basis of calculation upon which the award of the Contract is to be made. Except as otherwise provided, the Agency disclaims responsibility, and shall not be held responsible, for the estimates of quantities, whether they be less than, equal to, or greater than the quantities used in the actual performance of the work . The Contr actor shall not plead misunderstanding or deception because of the estimates of quantities or of the character, location, or other conditions pertaining to the estimates of quantities. The Agency, in its sole discretion, reserves the right to increase or d ecrease any or all of the estimated quantities of work or to omit any of them as deemed necessary.
102.02 Examination of Plans, Proposal, and Project Site .
a.General Requirements . Each and every bidder shall examine carefully the site of the work conte mplated and the relevant Plans, specification s, and proposal forms. It is the responsibility of each and every bidder to investigate and become aware of:
1.The conditions to be encountered;
2.The character, quality, and quantities of the work to be performed;
3.The material s to be furnished ; and
4.The requirements of the Plans, specification s, and all proposal documents .
b.Subsurface Investigations . To assist in the design for a project , the Agency normally investigates subsoils, found ation conditions, and potential sources of material for character, quality, and/or quantity by various means, including borings, test pits, samples, tests, and classifications. Information concerning any in vestigations normally appears on the Plans or in the proposal.
1.Disclaimer . Boring logs and other subsurface information provided to bidders were obtained with reasonable care and recorded in good faith by the Agency. This subsurface information has been collected for the use of the Agency only, to assist the Agency in developing a design suitable for the subsurface conditions in the area of the foundation for the structure and/or for preparation of the Engineer’s estim ate. This subsurface information is made available to prospective bidders as a public document relating to a project . Such information is not intended to provide prospective bidders with a subsurface analysis for purposes of bid preparation. It is up to th e prospective bidder to conduct whatever subsurface investigation may inform its bid preparation. 1-23 The Agency disclaims any liability for claim s based upon a prospective bidder’s reliance on the subsurface information provided by the Agency unless, followin g Contract award, the Contractor can establish by clear and convincing evidence that the subsurface information provided by the Agency was inadequate to support the structure as designed.
2.No Responsibility or Warranty by the Agency . Soil classifications have been made from laboratory tests of soil samples extracted and/or collected. Rock and soil descriptions, engineering properties, or classifications are from visual inspection and tests of rock cores and/or soil samples. Observed wa ter levels and/or water conditions indicated are as recorded at the time of exploration and may vary considerably with time according to the prevailing rainfall and other factors. The information provided may not represent existing conditions. The Agency i s not responsible for the information. The Agency does not warrant in any way the completeness or accuracy of the information. Disclosure of the information is not a substitute for personal investi gations, interpretations, and/or judgments by each prospec tive bidder. It is the responsibility of each prospective bidder and/or subcontract or to satisfy itself, through its own independent investi gations, concerning the conditions and material s to be encountered.
c.Contractor ’s Obligation to Convey Informati on. It is the Contractor ’s responsibility to convey any and all information relative to Contract requirements to any proposed suppliers, fabricators, or subcontractor s.
102.03 Familiarity With Laws, Ordinances , and Regulations .
a.General . By submitting a bid, an entity certifies that it is familiar with all federal , state, and local laws, ordinances , and regulations which affect in any way the material s, equipment , haul roads used in or upon the work , the conduct of the work , and the person s engaged or employed in performance of the work to be performed pursuant to a Contract.
b.Duty to Report .
1.Inconsistency or Conflict with Federal, State, or Local Law, Ordinance, or Regulation . By submitting a bid , an entity certifies that it shall immediately report in writing to the Contract Administration Section any provision in the Plans, specification s, or proposal documents that the bidder/ Contractor believes is in conflict with or inconsistent with any federal , state, or local law, ordinance, or regulation. 1-24 (2) Differing Site Conditions . By submitting a Request for Contract Specific Prequalification (Form CA -82), a prospective bidder certifies that if, during its investigatio n of the work, it discovers or encounters differing site conditions as described in Subsection 104.08 , it shall immediately notify the Contract Administration Section in writing.
3.Failure to Notify . A prospective bidder further certifies that if it fails to notify the Contract Administration Section of any differing site conditions as described above, it shall waive any and all rights that it might have to additional compensation from the Agency for additional work as a result of the differing site conditions and that it shall not bring a claim for additional compensation because of the differing site conditions .
c.No Claim or Defense of Ignorance or Misunderstanding . By submitting a Request for Contra ct Specific Prequalification ( Form CA -82) a bidder certifies that no claim or defense of ignorance or misunderstanding concerning federal , state, or local laws, ordinances, or regulations will be employed by a bidder or considered by the Agency in claim s, litigation, alternative dispute resolution procedures, or other matters concerning the proposal for which the bid is submitted.
102.04 Errors Or Inconsistencies In The Contract .
a.Duty to Report . By submitting a Request for Contract Specific Prequalification (Form CA -82), a bidder certifies that it shall report in writing to the Contract Administration Section any error or inconsistency discovered in the Plans, specification s, or proposal documents immediately upon discovery of the error or inconsistency.
b.Errors and Inconsistencies Not Used Against the State . By submitting a Request for Contract Specific Prequalification (Form CA -82), a bidder certifies that it shall assert no claim , cause of action, litigation, or defense against the state unless notice was provided to the state in writing of any error or inconsistency found in the Plans, specification s, or proposal documents immediately upon discovery of such error or inconsistency. Failure to provide such notice to the Contract Administration Section , in writing, within 48 hours of such discovery constitutes waiver of any claim or demand by the prospective bidder based, in whole or in part, directly on the existence of such error or omission. 1-25 SECTION 103 – TAXES AND INSURANCE
103.01 CONSTRUCTION EQUIPMENT TAX . The Co ntractor shall pay all construction equipment tax
assessed under 32 V.S.A. § 3603 for machinery and other personal estate .
103.02 WITHHOLDING OF TAXES . The Contractor shall comply with the requirements of 32 V.S.A. ,
Chapter 151 , Subchapter 4 relating to the withholding of taxes from employe es, and all taxes withheld pursuant to 32 V.S.A., Chapter 151, Subchapter 4 shall be reported and paid to the Commissioner of the Vermont Department of Taxes.
103.03 STATE SALES TAX . Contractors are not required to pay the Vermont sales tax for material s
incorporated into a state funded project completed on property owned or held in trust for the benefit of any governmental body or agency and used exclusively for public purposes , or ow ned or held in trust for the benefit of any organization holding a valid exemption certificate and used exclusively in the conduct of its business or purpose, or for material s incorporated in a rail line in connection with the construction, maintenance, re pair, improvement, or reconstruction of the rail line (see 32 V.S.A. § 9743(4) , 32 V.S.A. § 9741(30) , 32 V.S.A. § 9741(44) , the Vermont Sales and Use Tax Regulations , Reg. § 1.9741(34) -5, and the Vermont Sales and Use Tax Regulations , Reg. § 1.9743 ). Therefore, no sales tax shall be included in the cost of these material s. Contractors are responsible for maintaining records sufficient to justify eligibility for sales tax exemption. Forms for maintaining these records are available from the Vermont Depa rtment of Taxes.
103.04 INSURANCE REQUIREMENTS . Insurance obtained by the Contractor to cover the below -listed
requirements shall be procured from an insurance company with an A.M Best R ating of A - or better and which is registered and licensed to do business in Vermont. Before the Contract is executed, the Contractor shall file with the Agency a certificate of insurance, executed by an insurance company or its licensed agents, on a form satisfactory to the Agency, stating that with respect to the Contract awarded, the Contractor carries insurance in accordance with the following requirements. Renewal certificates for keepi ng the required insurance in force for the duration of the Contract shall also be filed as specified above. No warranty is made that the coverages and limits listed herein are adequate to cover and protect the interests of the Contractor and any subcontra ctor for the Contractor’s and subcontractor’s operations. These are solely minimums that have been established to protect the interests of the state.
a.Workers’ Compensation Insurance . With respect to all operations performed the Contractor shall carry workers’ compensation insurance in accordance with 21 V.S.A. , Chapter 9 . The Contractor shall also ensure that all subcontractors carry wo rkers’ compensation insurance in accordance with 21 V.S.A. , Chapter 9 for all work performed by them.
Source: Vermont Standard Specifications for Construction, 2024 Edition. Pages 38–40 of 1,380.