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After the advertisement has been made, an invitation to bid will be mailed to known qualified Contractors informing them that bids will be received for the construction of specific projects. Such invitation will indicate the project number, length, locations, and descriptions; a general summary of the items and approximate quantities of work to be performed; and the time and place for the public opening and reading of the bids received. Information concerning the cost and availability of plans and proposal forms will also be indicated in the invitation to bid.
Prospective Bidders shall prequalify with the Department. The requirements for prequalification will be furnished each prospective Bidder by the Engineer upon receipt of a written request. All required statements and documents shall be filed with the Engineer by the prospective Bidder at least 2 weeks prior to the date of opening of bids. A bid will not be opened unless all prequalification requirements have been met by the Bidder and have been found to be acceptable by the Engineer.
Upon a determination by the Department that all prequalification requirements have been met, the applicant will be assigned a Prequalification Number. This Prequalification Number will thereafter be assigned to all applicants for prequalification or requalification which the Department determines are under sufficient common ownership and management control to warrant prequalification as a single entity. This determination by the Department shall be based on the information submitted with the Experience Questionnaire and any other information obtained by the Department.
No Bidder will be prequalified who, at the time of the application for prequalification is determined by the Engineer to lack the financial capability to complete projects.
Bidders shall comply with all applicable laws regulating the practice of general contracting as contained in Chapter 87 of the General Statutes of North Carolina.
102-3 CONTENTS OF PROPOSAL FORMS.
A proposal form will be furnished by the Department upon request. Each proposal form will be marked on the front cover by the Department with the name of the firm or individual to whom it is being furnished. This form will state the location of the contemplated construction and will show a schedule of contract items with the approximate quantity of each of these items for which bid prices are invited. It will set forth the date and time for the opening bids. The form will also include any special provisions or requirements which vary from or are not contained in the plans or standard specifications.
The proposal form will also include the printed contract forms and signature sheets for execution by both parties to the contract. In the event the Bidder is awarded the contract, execution of the bid will be considered the same as execution of the contract by the Bidder.
All papers bound with the proposal form are necessary parts thereof and shall not be detached, taken apart, or altered.
The plans, standard specifications, and other documents designated in the proposal form shall be considered a part of the proposal form whether attached or not.
The prospective Bidder will be required to pay the "Department of Transportation" the sum stated in the invitation to bid for each copy of the proposal form and each set of plans requested.
If the Department so elects, proposal forms may be issued for projects in combination or separately, so that bids may be submitted either on the combination or on separate units of the combination. The right is reserved to make awards on combination bids or separate bids to the best advantage of the Department. No combination bids, other than those specified by the Department in the proposal form, will be considered.
102-5 INTERPRETATION OF QUANTITIES IN PROPOSAL FORM.
The quantities appearing in the proposal form are approximate only and are to be used for the comparison of bids. Payment to the Contractor will be made only for the actual quantities of the various items that are completed and accepted in accordance with the terms of the contract.
When revisions in the plans are made by the Engineer which affect the quantities shown for lump sum items, adjustment in compensation will be made under the provisions of Articles 1043 or 1047.
102-6 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK.
The Bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality, and scope of work to be performed; the quantities of materials to be furnished; and as to the conditions and requirements of the proposal form, plans, specifications, and contract under which his bid is offered.
A Bidder or Contractor is cautioned to make such independent investigation and examination as he deems necessary to satisfy himself as to conditions to be encountered in the performance of the work and with respect to possible local material sources, the quality and quantity of material available from such property, and the type and extent of processing that may be required in order to produce material conforming to the requirements of the specifications.
If Subsurface Information is available on this project, a copy of the Subsurface Information may be obtained from the Department. A copy of the Subsurface Information will be mailed to the plan holders upon request.
The Subsurface Information and the Subsurface Investigation on which it is based was made for the purpose of study, planning, and design, and not for construction or pay purposes. The various field boring logs, rock cores, and soil test data available may be reviewed or inspected in Raleigh at the office of the Geotechnical Unit. Neither the Subsurface Information nor the field boring logs, rock cores, or soil test data is part of the contract.
General soil and rock strata descriptions and indicated boundaries are based on a geotechnical interpretation of all available subsurface data and may not necessarily reflect the actual subsurface conditions between borings or between sampled strata within the borehole. The laboratory sample data and the in situ (in-place) test data can be relied on only to the degree of reliability inherent in the standard test method. The observed water levels or soil moisture conditions indicated in the subsurface investigations are as recorded at the time of the investigation. These water levels or soil moisture conditions may vary considerably with time according to climatic conditions including temperature, precipitation, and wind, as well as other nonclimatic factors.
THE BIDDER OR CONTRACTOR IS CAUTIONED THAT DETAILS SHOWN ON THE SUBSURFACE INFORMATION ARE PRELIMINARY ONLY AND IN MANY CASES THE FINAL DESIGN DETAILS ARE DIFFERENT. FOR BIDDING AND CONSTRUCTION PURPOSES REFER TO THE CONSTRUCTION PLANS AND DOCUMENTS FOR FINAL DESIGN INFORMATION ON THIS PROJECT. THE DEPARTMENT DOES NOT WARRANT OR GUARANTEE THE SUFFICIENCY OR ACCURACY OF THE INVESTIGATION MADE, NOR THE INTERPRETATIONS MADE OR OPINIONS OF THE DEPARTMENT AS TO THE TYPE OF MATERIALS AND CONDITIONS TO BE ENCOUNTERED. THE BIDDER OR CONTRACTOR IS CAUTIONED TO MAKE SUCH INDEPENDENT SUBSURFACE INVESTIGATIONS AS HE DEEMS NECESSARY TO SATISFY HIMSELF AS TO CONDITIONS TO BE ENCOUNTERED ON THIS PROJECT. THE CONTRACTOR SHALL HAVE NO CLAIM FOR ADDITIONAL COMPENSATION OR FOR AN EXTENSION OF TIME FOR ANY REASON RESULTING FROM THE ACTUAL CONDITIONS ENCOUNTERED AT THE SITE DIFFERING FROM THOSE INDICATED IN THE SUBSURFACE INFORMATION.
102-8 PREPARATION AND SUBMISSION OF BIDS.
All bids shall be prepared and submitted in accordance with the following listed requirements, except where otherwise provided by Article 102-9:
1. The proposal form provided by the Department shall be used and shall not be taken apart or altered. The bid shall be submitted on the same proposal form which has been furnished to the Bidder by the Department as identified by the bidder's name marked on the front cover by the Department.
2. All entries including signatures shall be written in ink.
3. The Bidder shall submit a unit or lump sum price for every item in the proposal form other than items which are authorized alternates to those items for which a bid price has been submitted.
As an exception to the above, when the proposal form permits a Bidder to submit a bid on only a portion of the work covered by the entire proposal form, the Bidder shall then submit a unit or lump sum price for every item constituting that portion of the work on which the Bidder has elected to place a bid other than items which are authorized alternates to those items for which a bid price has been submitted.
The unit or lump sum prices bid for the various contract items shall be written in figures.
The unit prices shall be rounded off by the bidder to contain no more than four (4) decimal places.
4. An amount bid shall be entered in the proposal form for every item on which a unit price has been submitted. The amount bid for each item other than lump sum items shall be determined by multiplying each unit bid price by the quantity for that item, and shall be written in figures in the "Amount Bid" column in the proposal form.
In the case of lump sum items, the price shall be written in figures in the "Amount Bid" column in the proposal form.
5. The total amount bid shall be written in figures in the proper place in the proposal form. The total amount bid shall be determined by adding the amounts bid for each item.
6. Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink.
7. The bid shall be properly executed. In order to constitute proper execution, the bid shall be executed in strict compliance with the following:
a. If a bid is by an individual, it shall show the name of the individual and shall be signed by the individual with the word "Individually" appearing under the signature. If the individual operates under a firm name, the bid shall be signed in the name of the individual doing business under the firm name.
b. If the bid is by a corporation, it shall be executed in the name of the corporation by the President, Vice President, or Assistant Vice President. It shall be attested by the Secretary or Assistant Secretary. The seal of the corporation shall be affixed. If the bid is executed on behalf of a corporation in any other manner than as above, a certified copy of the minutes of the Board of Directors of said corporation authorizing the manner and style of execution and the authority of the person executing shall be attached to the bid or shall be on file with the Department.
c. If the bid is made by a partnership, it shall be executed in the name of the partnership by one of the general partners.
d. If the bid is a joint venture, it shall be executed by each of the joint venturers in the appropriate manner set out above. In addition, the execution by the joint venturers shall appear below their names.
e. The bid execution shall be notarized by a notary public whose commission is in effect on the date of execution. Such notarization shall be applicable both to the bid and to the non-collusion affidavit which is part of the signature sheets.
8. The bid shall not contain any unauthorized additions, deletions, or conditional bids.
9. The Bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.
10. The bid shall be accompanied by a bid bond on the form furnished by the Department or by a bid deposit. The bid bond shall be completely and properly executed in accordance with the requirements of Article 102-11. The bid deposit shall be a certified check or cashier check in accordance with Article 102-11.
11. The bid shall be placed in a sealed envelope and shall have been delivered to and received by the Department prior to the time specified in the invitation to bid.
12. The bid shall not be an unbalanced bid.
102-9 COMPUTER BID PREPARATION.
A diskette to assist the Bidder in preparing his bid by means of a personal computer will be furnished by the Department if so requested by the Bidder at the same time he orders a proposal form. Unit prices shall be rounded off by the Bidder to four (4) decimal places. The diskette will contain an identical copy of the itemized proposal sheets included in the proposal and a computer program which may be used to prepare a bid on these sheets. The bid diskette will function properly with an IBM personal computer or compatible computer using DOS.
The only entries into the program which will be permitted by the Bidder are the appropriate unit or lump sum prices for those items which must be bid in order to provide a complete bid for the project. When these entries have been made, the program will automatically prepare and print a complete set of itemized proposal sheets which will include the amount bid for the various items and the total amount bid for the project in addition to the unit or lump sum prices bid. This set of itemized proposal sheets, when submitted together with the appropriate proposal form, will constitute the bid and shall be delivered to the Department in accordance with Article 102-12. If the Bidder submits his bid on computer generated itemized proposal sheets, bid prices shall not be written on the itemized proposal sheets bound in the proposal form. The computer generated itemized proposal sheets shall be signed by a duly authorized representative in accordance with Article 102-8(7). The bid diskette furnished by the Department shall be returned with the bid.
In the case of a discrepancy between the unit or lump sum prices submitted on the itemized proposal sheets and those contained on the diskette furnished to the Department, the unit or lump sum prices submitted on the itemized proposal sheet shall prevail.
The provisions of Article 102-8 will apply to the preparation of bids except that the bid may be submitted on computer generated itemized proposal sheets in which case the entries on the itemized proposal sheets will not be required to be in ink. Changes to any entry on the computer generated itemized proposal sheets shall be made in accordance with requirement number 6 of Article 102-8. When the Computer Generated Itemized Proposal Sheets are not signed and received with the proposal, this will constitute, no bid received.
The Department will not be responsible for loss or damage to a bid diskette after it has been mailed to the Bidder. If loss or damage occurs, the Bidder may order another bid diskette.
102-10 NON-COLLUSION AFFIDAVIT.
In compliance with Section 112(c) of title 23 USC, and current regulations of the Department, each and every Bidder will be required to furnish the Department with an affidavit certifying that the Bidder has not entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with his bid on the project. The affidavit shall also conclusively indicate that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor.
Affidavit forms will be included in the Proposal Form as part of the signature sheets. Execution of the signature sheets will also constitute execution of the non-collusion affidavit. The signature sheets shall be notarized.
102-11 BID BOND OR BID DEPOSIT.
Each bid shall be accompanied by a corporate bid bond or a bid deposit of a certified or cashiers check in the amount of at least 5% of the total amount bid for the contract. No bid will be considered or accepted unless accompanied by one of the foregoing securities. The bid bond shall be executed by a Corporate Surety licensed to do business in North Carolina and the certified check or cashiers check shall be drawn on a bank or trust company insured by the Federal Deposit Insurance Corporation and made payable to the Department of Transportation in an amount of at least 5% of the total amount bid for the contract. The condition of the bid bond or bid deposit is: the Principal shall not withdraw its bid within 60 days after the opening of the same, and if the Board of Transportation shall award a contract to the Principal, the Principal shall within 14 calendar days after the notice of award is received by him give payment and performance bonds with good and sufficient surety as required for the faithful performance of the contract and for the protection of all persons supplying labor and materials in the prosecution of the work; in the event of the failure of the Principal to give such payment and performance bonds as required, then the amount of the bid bond shall be immediately paid to the Department as liquidated damages or, in the case of a bid deposit, the deposit shall be forfeited to the Department.
Withdrawal of a bid due to a mistake made in the preparation of the bid, where permitted by Article 1033, shall not constitute withdrawal of a bid as cause for payment of the bid bond or forfeiture of the bid deposit.
When a bid is secured by a bid bond, the bid bond shall be on the form furnished by the Department. The bid bond shall be executed by both the Bidder and a Corporate Surety licensed under the laws of North Carolina to write such bonds. The execution by the Bidder shall be in the same manner as required by Article 1028 for the proper execution of the bid. The execution by the Corporate Surety shall be the same as is provided for by Article 1028, Item 7b, for the execution of the bid by a corporation. The seal of the Corporate Surety shall be affixed to the bid bond. The bid bond form furnished is for execution of the Corporate Surety by a General Agent or Attorney in Fact. A certified copy of the Power of Attorney shall be attached if the bid bond is executed by a General Agent or Attorney in Fact. The Power of Attorney shall contain a certification that the Power of Attorney is still in full force and effect as of the date of the execution of the bid bond by the General Agent or Attorney in Fact. If the bid bond is executed by the Corporate Surety by the President, Vice President, or Assistant Vice President, and attested to by the Secretary or Assistant Secretary, then the bid bond form furnished shall be modified for such execution, instead of execution by the Attorney in Fact or the General Agent.
When a bid is secured by a bid deposit (certified check or cashiers check), the execution of a bid bond will not be required.
If the Bidder has failed to meet all conditions of the bid bond but the Department has not received the amount due under the bid bond, the Bidder may be disqualified from further bidding as provided in Article 10216.
All bids shall be placed in a sealed envelope having the name and address of the Bidder, and the statement "Bid for the Construction of State Highway Project No. ________________in____________county(s)" on the outside of the envelope. If delivered by mail, the sealed envelope shall be placed in another sealed envelope and the outer envelope addressed to the Contract Officer, Division of Highways, North Carolina Department of Transportation, Raleigh, N. C. 27611. The outer envelope shall also bear the statement "Bid for the Construction of State Highway Project No. ________________". If delivered in person before the day of bid opening, the sealed envelope shall be delivered to the office of the Contract Officer as indicated in the Invitation to Bid. If it is delivered in person on the day of the bid opening, it shall be delivered to the place indicated, for bid opening, in the Invitation to Bid. All bids shall be delivered prior to the time specified in the invitation to bid. Bids received after such time will not be accepted and will be returned to the Bidder unopened.
102-13 WITHDRAWAL OR REVISION OF BIDS.
A Bidder may, without prejudice to himself, withdraw a bid after it has been delivered to the Department, provided the request for such withdrawal is made either in writing or by telegram to the Chief Engineer, or the Engineer presiding over the public opening of bids before the date and time set for the opening of bids. The Bidder may then submit a revised bid provided it is received prior to the time set for opening of bids.
Only those persons authorized to sign bids under the provisions of Article 1028, Item 7, shall be recognized as being qualified to withdraw a bid.
Withdrawal of a bid after the date and time set for the opening of bids will be permitted only in accordance with Article 1033.
102-14 RECEIPT AND OPENING OF BIDS.
Bids will be opened and read publicly at the time and place indicated in the invitation to bid. Bidders, their authorized agents, and other interested parties are invited to be present.
A bid will be received and opened from any Bidder who:
1. Is prequalified in accordance with the provisions of Article 1022, and
2. Has delivered the bid to the place indicated in the Specifications prior to the time indicated in the invitation to bid.
A bid received from a Bidder who has not complied with the above requirements will be returned to the Bidder unopened and under no circumstances will be considered for award.
Any bid submitted which fails to comply with any of the requirements of Article 1028, 1029, or 10211 shall be considered irregular and may be rejected.
Irregularities due to apparent clerical errors and omissions may be waived in accordance with Article 1032.
Any bid including any unit or lump sum bid price which is significantly unbalanced to the potential detriment of the Department will be considered irregular and may be rejected. In the event the Board determines it is in the best public interest to accept such irregular bid, it may award the contract based on such bid subject to the provisions of Subarticle 1094(B).
In addition to the above, any bids for contracts not funded with any Federal funds which are submitted by any Bidder who has failed to obtain the appropriate General Contractor's license, as required by Chapter 87 of the General Statutes of North Carolina, shall be considered irregular and will not be considered for award.
The right to reject any and all bids shall be reserved to the Board.
102-16 DISQUALIFICATION OF BIDDERS.
Any one of the following causes may be justification for disqualifying a Contractor from further bidding until he has applied for and has been requalified in accordance with Article 1022:
1. Unsatisfactory progress in accordance with Article 1088.
2. Being declared in default in accordance with Article 1089.
3. Uncompleted contracts which, in the judgment of the Chief Engineer, might hinder or prevent the timely completion of additional work if awarded.
4. Failure to comply with prequalification requirements.
5. The submission of more than one bid for the same contract by an individual, partnership, joint venture, or corporation prequalified under the same prequalification number.
6. Evidence of collusion among Bidders. Each participant in such collusion will be disqualified.
7. Failure to furnish a non-collusion affidavit upon request.
8. Failure to comply with Article 1086.
9. Failure to comply with a written order of the Engineer as provided in Article 1051 if in the judgment of the Chief Engineer such failure is of sufficient magnitude to warrant disqualification.
10. Failure to satisfy the Disadvantaged Business Enterprise requirements of the project special provisions.
11. The Department has not received the amount due under a forfeited bid bond or under the terms of a performance bond.
12. Failure to submit within 60 days after being requested by the Engineer, or the submission of false information in, the documents required by Article 1099.
13. Failure to return overpayments as directed by the Engineer.
Upon a determination that a Contractor should be
disqualified for one or more of the reasons listed above, the
Department may, at its discretion, remove all entities prequalified
under the same Prequalification Number.