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BID DOCUMENTS: STATE FUNDED PROJECTThis checklist, updated in October 2021, has the standard items for a state-funded project.Specific special provisions may be obtained from the LPA Documents page, highlighted below,or from the MaineDOT Project Manager assigned to a project.Final Design Plans1. Title page is signed and stamped by the Engineer of Record.2. Schedule of items matches the final engineer’s estimate.3. All pay items on the plans also are on the schedule of items and engineer’s estimate.Bid DocumentsStandard inserts and fillable forms in Word are found under “Bid Documents” on thefollowing web page: www.maine.gov/mdot/lpa/lpadocuments/1. Bidding Instructions labeled, “Locally Administered Project – State Funds.”2. Notice to Contractors, with the following: Stamp of Engineer of Record; Bid opening date and time (pay attention to holidays); Project WIN, location, and description of the work; Basis of award, typically the lowest base bid; References to MaineDOT Standard Specifications and Standard Details (March 2020); Bid bond amount (5% of the bid); Cost of copies of bid book and plan sets; Projects less than 125,000 require no contract performance surety bond or contractpayment surety bond. Bonds are required for projects exceeding 125,000; For projects greater than 300,000, a bidder must complete a highway, bridge or projectspecific pre-qualification through MaineDOT to be awarded the contract; For projects less than 300,000: “Bids will be accepted from all bidders. The lowestresponsive bidder must demonstrate successful completion of projects of similar size andscope to be considered for the award of this contract.”3. Special Provision 102.7.3, Acknowledgement of Bid Amendments.4. Schedule of Items using MaineDOT item numbers, as applicable.5. Contract Agreement, Offer and Award form: at least one copy. Reference the March 2020 editions of the Standard Specifications and Standard Details;Bid Documents Checklist, State Funds (Revised October 2021)Page 1 of 2
Review section A, “The Work,” for correct WIN, location and scope of work; Review section B, “Time,” to be sure completion date matches Special Provision 107.6. Sample bond forms – one copy each: Contract Performance Bond; Contract Payment Bond (Surety Company Form).7. Prevailing state wage rates determined by the Maine Department of Labor (if applicable). Rates by county are found on the Maine Department of Labor website:maine.gov/labor/labor dex.shtml State rates apply to contracts of 50,000 or more with state funds.8. Special Provision (SP) Section 101 Contract Interpretation (new, March 2021).9. SP Section 104 Utilities (if utility relocations are required).10. SP Section 105 General Scope of Work: Limitations of Operations (if applicable).11. SP Section 107 Prosecution and Progress: Scheduling of Work. Ensure completion date matches date in Contract Agreement, Offer & Award.12. SP Section 401 Hot Mix Asphalt Pavement, dated Jan. 6, 2021 (if there is paving).13. SP Section 403 Hot Mix Asphalt Pavement (if there is paving work). Note: Obtain from MaineDOT14. SP Section 502 Structural Concrete (if there is concrete work).15. SP Section 652 Maintenance of Traffic, dated Jan. 15, 2020 (if there will be traffic control).16. MaineDOT Standard Detail updates, updated Aug. 13, 2021 Latest version is online: s/17. Supplemental Specification: Corrections, Additions & Revisions to Standard Specifications Check online for latest version: s/Bid Documents Checklist, State Funds (Revised October 2021)Page 2 of 2
LOCALLY ADMINISTERED PROJECT – STATE FUNDSUpdated April 2021BIDDING INSTRUCTIONS1. All paper bids must be completed in ink.2. The following documents must be received before the time of the bid opening:a) Copy of Notice to Contractors;b) Completed Acknowledgement of Bid Amendments form;c) Completed Schedule of Items;d) Two copies of the completed and signed Contract Agreement, Offer & Award form;e) Bid Guaranty (if required); andf) Any other certifications or bid requirements listed in the bid documents that are dueby bid opening.3. Include prices for all items in the Schedule of Items (excluding non-selected alternates).4. Bid Guaranty acceptable forms are:a) Completed and signed bid bond modeled after the sample in this package for 5% ofthe bid amount (the industry standard AIA form is acceptable); orb) Official Bank Check, Cashier’s Check, Certified Check, U.S. Postal Money Order orNegotiable Certificate of Deposit for 5% of the bid amount.If you need more information about bid preparation, please call:atFor complete bidding requirements, refer to Section 102 of the Maine Departmentof Transportation's Standard Specifications, March 2020 Edition.
NOTICEMailed bid packages must be provided in double envelopes(one inside the other). The following information must bewritten or typed on the Inner Envelope:Bid Enclosed - Do Not OpenWIN:Town:Date of Bid Opening:Contractor's name, with mailing address and phone number:In addition to the address information, the following informationmust be written or typed on the mailed Outer Envelope:Double Envelope: Bid EnclosedWIN:Town:Date of Bid Opening:Name of Contractor:Hand-carried bids may be provided in one envelope,and they should be marked with the following information:Bid Enclosed: Do Not OpenWIN:Town:Name of Contractor:
Note: This document is included as an example. In all cases, the industry standard AIA form is acceptable.EXAMPLEBID GUARANTY / BID BOND FORMKNOW ALL BY THESE PRESENTS THATCity/Town of, of theand State ofas Principal, andas Surety, a Corporation dulyorganized under the laws of the State ofand having a usual place of business inand hereby held and firmly bound unto the Municipality ofin the sum of, for payment that Principaland Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly andseverally. The condition of this obligation is that the Principal has submitted to the Municipality of, hereafter Municipality, a certain bid, attached hereto and incorporated as apart herein, to enter into a written contract for the construction of, and if the Municipalityshall accept said bid and the Principal shall execute and deliver a contract in the form attached hereto(properly completed in accordance with said bid) and shall furnish bonds for this faithful performance of saidcontract, and for the payment of all persons performing labor or furnishing material in connection therewith,and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligationshall be null and void; otherwise it shall remain in full force and effect.Signed and sealed ay of20
Bidders:NOTICEPlease use the attached “Request for Information” form to submit questionsabout this advertised project. Include additional numbered pages as required.RFI’s may be faxed to or submitted by email to.Completing the RFI form is the only allowable way to ask project-specificquestions and to receive answers from the Municipality during the biddingphase. The Municipality will not be bound by answers to project-specificquestions submitted by any other process.When submitting RFIs by email, please follow the same guidelines as statedon the “Request for Information” form. In the subject line, include the wordRFI, the project name, and the Work Identification Number (WIN).
RFI No:REQUEST FOR INFORMATIONDateTimeInformation Requested for:WIN:Town(s):Bid Date:Question(s):Request by:Company Name:Email:Phone:(Fax: ())Complete this form and transmit to the number listed in the Notice to Contractors
Note: A fillable version may be downloaded from “Bid Documents” section of the LPA Documents OTICE TO CONTRACTORSSealed bids addressed to the Municipality ofand endorsed on the wrapper “Bids forin theMunicipality of” will be received from contractors at theato’clock (prevailing time)onand at that time and place publicly opened and read. Bids will be accepted from all bidders.If estimated contract price is greater than 300,000, use this language:The lowest responsive bidder must have completed, or successfully complete, a pre-qualification processto be considered for the award of this contract.If estimated contract price is less than 300,000, use this language:The lowest responsive bidder must demonstrate successful completion of projects of similar size andscope to be considered for the award of this contract.Project Number: WINLocation: InOutline of Work:.County, project is located at.and other incidental work.The basis of award will be lowest base bid.All questions should be directed toat. Questions received afterwill not be answered.Bidders shall not contact any other municipal staff for clarification of contract provisions; theMunicipality will not be responsible for any interpretations so obtained.Plans, specifications and bid forms may be viewed at. They may be purchased fromthe hours offor , non-refundable. They also may be purchased by phone atthe hours offor , non-refundable.betweenbetweenEach bid must be made on blank forms provided by the Municipality and must be accompanied either bya bid bond at 5% of the bid amount or an official bank check, cashier’s check, certified check, certificateof deposit, or United States postal money order for 5% of the bid amount, payable to Municipality of, as a bid guaranty.NOTE: If estimated contract price is 125,000 or greater, insert this language:A Contract Performance Surety Bond and a Contract Payment Surety Bond, each for 100 percent of thecontract price, will be required of the successful bidder.This Contract is subject to all applicable federal and state laws and regulations.Unless otherwise specified in the bid documents, the Maine Department of Transportation’s StandardSpecifications (March 2020 Edition) and Standard Details (March 2020 Edition) shall govern all work.They may be purchased for 10 each ( 15 by mail) by calling (207) 624-3536 from 8 a.m. to 4:30 p.m.The Municipality hereby reserves the right to reject any or all bids., MaineDate:NAME OF ENGINEER OF RECORDState-Funded Project, Updated May 2021
TOWN:WIN:SPECIAL PROVISION 102.7.3ACKNOWLEDGMENT OF BID AMENDMENTSWith this form, the Bidder acknowledges its responsibility to check for all Amendments tothe Bid Package. For each Project under Advertisement, Amendments are located at. It is the responsibility of the Bidder to determineif there are Amendments, to download them, to incorporate them into its Bid Package, and toreference the Amendment number and the date on the form below. The Municipality will notpost Bid Amendments any later than noon the day before Bid opening without individuallynotifying all the planholders.Amendment NumberDateThe Contractor, for itself, its successors and assigns, hereby acknowledges that it hasreceived all of the above referenced Amendments to the Bid Package.CONTRACTORDateSignature of authorized representative(Name and Title Printed)Page 1 of 1
ORGANIZATION NAME Proposal Schedule of ItemsProposal ID:Contractor:Pay ItemNumberItem DescriptionApprox. Unit ofQuantity MeasureUnit PriceDollarsBid AmountCentsTOTAL BID:DollarsCents
CONTRACT AGREEMENT, OFFER & AWARDAGREEMENT is made on the date last signed below, by and between the Municipality of,abody corporate and politic with its principal administrative offices at(“the Municipality”), and, a corporation or other legal entity organizedunder the laws of the State of , with its principal place ofbusiness at .The Municipality and the Contractor, in consideration of the mutual promises set forth in thisAgreement (the “Contract”), hereby agree as follows:A.The Work.The Contractor agrees to complete all Work as specified or indicated in the Contract includingExtra Work in conformity with the Contract, WIN, forin the Municipality of, County of, Maine. The Work includes construction, maintenance duringconstruction, warranty as provided in the Contract, and other incidental work.The Contractor shall be responsible for furnishing all supervision, labor, equipment, toolssupplies, permanent materials and temporary materials required to perform the Work includingconstruction quality control including inspection, testing and documentation, all requireddocumentation at the conclusion of the project, warranting its work and performing all otherwork indicated in the Contract.The Municipality shall have the right to alter the nature and extent of the Work as provided in theContract; payment to be made as provided in the same.B.Time.The Contractor agrees to complete all Work, except warranty work, on or before. Further,the Municipality may deduct from money otherwise due the Contractor, not as a penalty, but asLiquidated Damages in accordance with Sections 107.7 and 107.8 of the Maine Department ofTransportation Standard Specifications (March 2020 Edition) and related Special Provisions.C.Price.The quantities given in the Schedule of Items of the Bid Package will be the basis fordetermining the original Contract amount and for determining the amounts of the requiredPerformance Surety Bond and Payment Surety Bond. Accordingly, the amount of this offeris , Performance Bond and Payment Bond each being 100% of theamount of this Contract.Contract Agreement, Offer and Award Form – State Project (Rev. April 2021)
D.Contract.This Contract, which may be amended, modified, or supplemented in writing only, consists ofthe Contract documents as defined in the Project Plans, Maine Department of TransportationStandard Specifications (March 2020 Edition), Department of Transportation Standard Details(March 2020 Edition) as updated through advertisement, Supplemental Specifications, SpecialProvisions, Contract Agreement, and Contract Bonds. It is agreed and understood that thisContract will be governed by the documents listed above.E.Certifications.By signing below, the Contractor hereby certifies that to the best of the Contractor’s knowledgeand belief:1. All of the statements, representations, covenants, and/or certifications required or set forth inthe Bid and the Bid Documents, including those in the Contract, are complete and accurate asof the date of this Agreement.2. The Contractor knows of no legal, contractual, or financial impediment to entering into thisContract.3. The person signing below is legally authorized by the Contractor to sign this Contract onbehalf of the Contractor and to legally bind the Contractor to the terms of the Contract.F.Offer.The undersigned, having carefully examined the site of work, the Project Plans, the MaineDepartment of Transportation Standard Specifications (March 2020 Edition), the Department ofTransportation Standard Details (March 2020 Edition) as updated through advertisement,Supplemental Specifications, Special Provisions, Contract Agreement; and Contract Bondscontained herein for construction of:WIN:in, State of Maine, on which bids will be received until the timespecified in the Notice to Contractors, does hereby bid and offer to enter into this contract tosupply all the materials, tools, equipment and labor to construct the whole of the Work in strictaccordance with the terms and conditions of this Contract at the unit prices in the attachedSchedule of Items.The Offeror agrees to perform the work required at the price specified above and in accordancewith the bids provided in the attached Schedule of Items in strict accordance with the terms ofthis solicitation, and to provide the appropriate insurance and bonds if this offer is accepted bythe Municipality in writing.Contract Agreement, Offer and Award Form – State Project (Rev. April 2021)
As Offeror also agrees:First: To do any extra work, not covered by the attached Schedule of Items, which may beordered by the Project Resident for the Municipality, and to accept as full compensation theamount determined upon a “Force Account” basis as provided in the Maine Department ofTransportation Standard Specifications (March 2020 Edition), and as addressed in the contractdocuments.Second: That the bid bond at 5% of the bid amount or the official bank check, cashier’s check,certificate of deposit or U.S. Postal Money Order in the amount given in the Notice toContractors, payable toand accompanying this bid, shall be forfeited, as liquidateddamages, if in case this bid is accepted, and the undersigned shall fail to abide by the terms andconditions of the offer and fail to furnish satisfactory insurance and Contract bonds under theconditions stipulated in the Standard Specifications within 15 days of notice of intent to awardthe contract.Third: To begin the Work as stated in Section 107.2 of the Maine Department ofTransportation’s Standard Specifications (March 2020 Edition) and complete the Work withinthe time limits given in the Special Provisions of this Contract.Fourth: That this offer shall remain open forbids.calendar days after the date of opening ofFifth: The Bidder hereby certifies, to the best of its knowledge and belief, that: the Bidder hasnot, either directly or indirectly, entered into any agreement, participated in any collusion, orotherwise taken any action in restraint of competitive bidding in connection with its bid, and itssubsequent contract with the Municipality.IN WITNESS WHEREOF, the Contractor, for itself, its successors and assigns, hereby executes twoduplicate originals of this Agreement and thereby binds itself to all covenants, terms, and obligationscontained in the Contract Documents.CONTRACTORDate(Signature of Legally Authorized Representativeof Contractor)Witness(Name and Title Printed)Contract Agreement, Offer and Award Form – State Project (Rev. April 2021)
G.Award.Your offer is hereby accepted. This award consummates the Contract, and the documentsreferenced herein.MUNICIPALITY OFDateBy:WitnessContract Agreement, Offer and Award Form – State Project (Rev. April 2021)
BOND #SAMPLECONTRACT PERFORMANCE BONDKNOW ALL BY THESE PRESENTS: That ,as principal, and ,a corporation duly organized under the laws of the State of and havinga usual place of business at ,as Surety, are held and firmly bound unto the Municipality of , Maine,in the sum of and 00/100 Dollars( ), to be paid to said Municipality of , Maine orfor that payment well and truly to be made, Principal and Surety bind themselves, their heirs,executors and administrators, successors and assigns, jointly and severally by these presents.The condition of this obligation is such that if the Principal designated as Contractor in theContract to construct Project Number in the Municipality ofpromptly and faithfully performs the Contract, then this obligationshall be null and void; otherwise it shall remain in full force and effect.The Surety hereby waives notice of any alteration or extension of time made by the Municipalityof , Maine.Signed and sealed this . day of ., 20 . .WITNESSES:SIGNATURES:CONTRACTOR:Signature. . .Printed Name. Printed Name. .SURETY:Signature . . .Printed Name. Printed Name. .SURETY ADDRESS:.TELEPHONE.MUNICIPALITY:ADDRESS . . . .
BOND #SAMPLECONTRACT PAYMENT BONDKNOW ALL BY THESE PRESENTS: That ,as principal, and ,a corporation duly organized under the laws of the State of and havinga usual place of business at ,as Surety, are held and firmly bound unto the Municipality of , Maine,in the sum of and 00/100 Dollars( ), to be paid to said Municipality of , Maine orfor that payment well and truly to be made, Principal and Surety bind themselves, their heirs,executors and administrators, successors and assigns, jointly and severally by these presents.The condition of this obligation is such that if the Principal designated as Contractor in theContract to construct Project Number in the Municipality ofpromptly satisfies all claims and demands incurred for all laborand material, used or required by him in connection with the work contemplated by saidContract, and fully reimburses the obligee for all outlay and expense that the obligee may incur inmaking good any default of said Principal, then this obligation shall be null and void; otherwiseit shall remain in full force and effect.A claimant is defined as one having a direct contract with the Principal or with a Subcontractorof the Principal for labor, material or both, used or reasonably required for use in theperformance of the contract.Signed and sealed this . day of . ., 20 . .WITNESSES:SIGNATURES:CONTRACTOR:Signature. . .Printed Name. Printed Name. .Signature .Printed Name.SURETY:. .Printed Name. .SURETY ADDRESS:.TELEPHONE.MUNICIPALITY:ADDRESS . . . .
PLACEHOLDER:MAINE DEPARTMENT OF LABOR WAGE RATEShttps://www.maine.gov/labor/labor dex.shtmlIf the estimated construction cost of a state-funded project is greater than or equal to 50,000,Maine Department of Labor prevailing wage rates must be part of the bid documents. Currentrates may be obtained from the Maine Department of Labor’s website, referenced above. Ratesare listed by county and type of work: Building, Highway/Earthwork, or Heavy/Bridge.This wage-rate mandate applies to state-funded highway, bridge and bicycle/pedestrian projects,including those funded through the Municipal Partnership Initiative. The mandate also applies tomarine projects funded through the Small Harbor Improvement Program.For more information, refer to Title 26 of the Maine Revised Statutes Annotated, Chapter 15,“Preference to Maine Works and Contractors.”
SPECIAL PROVISIONSECTION 101CONTRACT INTERPRETATIONThe provisions of Section 101 of the Standard Specifications, “Contract Interpretation,” shallapply with the following modifications:101.2 Definitions.Chief Engineer.REPLACE: “The Chief Engineer of the Department.”With: “The Engineer of Record for the Project, .”Commissioner.REPLACE: “The Commissioner of Transportation established by 23 MRSA §4205.”With: “ ”Department.REPLACE: “The Department of Transportation of the State of Maine, as established by 23MRSA §4205 et. seq. for the administration of Highway, Bridge, and other Public Works ”With: “The Municipality of , Maine,” acting through itsand this person’s duly authorized representatives.”Project Manager.REPLACE: “The Department’s duly authorized representative for overall coordination of theProject.”With: “The Municipality of ’s duly authorized representative for overallcoordination of the Project.”Resident.REPLACE: “The Department’s on-site representative.”With: “ .”Revised March 19, 2021
Town: {Town}Project: {Work Identification Number}Date: {Date}SPECIAL PROVISIONSSECTION 104UtilitiesUTILITY COORDINATIONThe contractor has primary responsibility for coordinating their work with utilities after contractaward. The contractor shall communicate directly with the utilities regarding any utility worknecessary to maintain the contractor’s schedule and prevent project construction delays. Thecontractor shall notify the resident of any issues.THE CONTRACTOR SHALL PLAN AND CONDUCT WORK ACCORDINGLY.MEETINGA Preconstruction Utility Conference, as defined in Subsection 104.4.6 of the StandardSpecifications {is} required.GENERAL INFORMATIONThese Special Provisions outline the arrangements that have been made by the Department forutility and/or railroad work to be undertaken in conjunction with this project. The following listidentifies all known utilities or railroads having facilities presently located within the limits ofthis project or intending to install facilities during project construction.Utilities have been notified and will be furnished a project rdinator’s Initials}Overview:AerialUndergroundUtility Contact InformationContact PersonPage 1 of 4RailroadContact PhoneUtility Spec (Ver. 8-2016)
Town: {Town}Project: {Work Identification Number}Date: {Date}Temporary utility adjustments are {not} anticipated.Unless otherwise specified, any underground utility facilities shown on the project plansrepresent approximate locations gathered from available information. The Department cannotcertify the level of accuracy of this data. Underground facilities indicated on the topographicsheets (plan views) have been collected from historical records and/or on-site designationsprovided by the respective utility companies. Underground facilities indicated on the crosssections have been carried over from the plan view data and may also include furtherapproximations of the elevations (depths) based upon straight-line interpolation from the nearestmanholes, gate valves, or test pits.All adjustments are to be made by the respective utility/railroad unless otherwise specifiedherein.Fire hydrants shall not be disturbed until all necessary work has been accomplished to provideproper fire protection.All clearing and tree removal in areas where utilities are involved must be completed before theutilities are able to relocate their facilities.It is the responsibility of the Contractor with the Utility Pole owner, to layout all of the proposedpole locations in the field prior to the start of utility relocations. Should any adjustments beneeded, the Utility will document adjustments and inform the Department prior to utilityrelocations.The Contractor shall provide the utilities access to the new pole locations. Construction of anyspot cuts or fills in excess of 2 feet must be completed prior to utility relocations. The Contractorshall prepare a plan for how access and the spot cuts and fills will be accomplished and what theschedule will be for performing the work. This plan will be discussed at the pre-constructionutility meeting.** Specific information regarding the line voltage can be requested from {Name of ElectricUtility}**Utility working days are Monday through Friday. Times are estimated on the basis of a singlecrew for each utility. Any times and dates mentioned are estimates only and are dependent uponfavorable weather, working conditions, and freedom from emergencies. The Contractor shallhave no claim against the Department if they are exceeded.BUY AMERICAUtility construction work performed as part this federal-aid project is subject to the requirementsof Buy America in accordance with Federal Regulation 23 CFR 635.410 Section 1518. Specificrequirements are presented in MaineDOT Standard Specification Section 100, Appendix A,Section 3.A., Buy America.{Coordinator’s Initials}Page 2 of 4Utility Spec (Ver. 8-2016)
Town: {Town}Project: {Work Identification Number}Date: tal:Utility Specific Issues:{Company #1}{Company #2}{Discussion}{Company #3}{Discussion}{Company #4}{Discussion}Pole List:ExistingPole #ExistingStationLeft/RightLTExistingOffsetPropose
Bid bond amount (5% of the bid); Cost of copies of bid book and plan sets; Projects less than 125,000 require no contract performance surety bond or contract . the bid amount (the industry standard AIA form is acceptable); or b) Official Bank Check, Cashier's Check, Certified Check, U.S. Postal Money Order or .
