T40CH9

Title 40 > T40CH9

Sections (6)

40-901

TITLE 40 HIGHWAYS AND BRIDGES CHAPTER 9 CONTRACTS — BIDS 40-901. Application. The requirements for contracts and bids that apply to all county highway systems and highway districts of the state shall be subject to the provisions of chapter 28, title 67 , Idaho Code, in concert with the provisions of any specific statute pertaining to the letting of any contract or the purchase or acquisition of any commodity or thing by any system or highway district by soliciting and receiving competitive bids, and shall not be construed as modifying or amending the provisions of any statute, nor preventing the district from doing any work by its own employees. History: [40-901, added 1985, ch. 253, sec. 2, p. 637; am. 2005, ch. 213, sec. 7, p. 643.]

40-902

TITLE 40 HIGHWAYS AND BRIDGES CHAPTER 9 CONTRACTS — BIDS 40-902. Bids — State highway system. (1) Whenever work on the state highway system is let by contract, advertisement for sealed bids must be provided for at least two (2) consecutive weeks in one (1) newspaper, having a general circulation in the county or one (1) of the counties, where the work is to be done. In addition, the department may use any medium reasonably determined to reach prospective bidders. (2) Each bid must be accompanied by a cashier’s check or a certified check in favor of the department on some bank in the state of Idaho, or by a bidder’s bond, for the sum of five percent (5%) of the amount of the bid, to be forfeited if the bidder, upon acceptance of his bid, fails or refuses to enter into a contract within fifteen (15) days after the presentation of the contract by the department to him for execution and to furnish the required bond. Checks and bonds of unsuccessful bidders shall be returned immediately after the contract is awarded. If the contracting agency allows electronically submitted bid documents, then a bid bond in electronic form with valid electronic signatures shall accompany the submittal of the electronic bid documents. (3) Except as allowed by the provisions of sections 40-904 and 40-905 , Idaho Code, bids shall be opened publicly at the time and place specified in the advertisement and the contract let to the lowest responsible bidder, but the department has the right to reject any and all bids, or to let the contract for a part or all of the work. (4) If no satisfactory bid is received, new bids may be called for, or the work may be performed by day labor, or as may be determined by the department. (5) Except as allowed by the provisions of sections 40-904 and 40-905 , Idaho Code, a bidder who did not submit the lowest responsible bid as determined by the department may within five (5) calendar days of bid opening file a written application to challenge the department’s determination of the lowest responsible bidder and apply to the department’s chief engineer for the appointment of a hearing officer to hold a contested case hearing. The application shall set forth in specific terms the reasons why the department’s decision is thought to be erroneous. Upon receipt of an application, the chief engineer shall appoint a hearing officer with the authority to conduct a contested case hearing in accordance with the provisions of chapter 52, title 67 , Idaho Code. Upon receipt from the hearing officer of findings of fact, conclusions of law and a recommended order, the chief engineer shall review the same and enter a final order sustaining or reversing the decision of the department on the selection of the lowest responsible bidder. Following entry of the final order, the chief engineer shall have the authority to award the contract to the bidder determined in the final order to be the lowest responsible bidder at a time and in a manner which shall be in the

40-903

TITLE 40 HIGHWAYS AND BRIDGES CHAPTER 9 CONTRACTS — BIDS 40-903. County, city or highway district bid prohibited. No county, city or highway district shall bid on any state highway system construction project which is let by competitive bid by the Idaho transportation board; provided, however, the provisions of this section shall not prohibit the Idaho transportation board, a county, a city or a highway district from entering into agreements with one another for joint or cooperative action pursuant to the provisions of chapter 3, title 40 , or chapter 23, title 67 , Idaho Code. History: [40-903, added 1987, ch. 303, sec. 2, p. 644.]

40-904

TITLE 40 HIGHWAYS AND BRIDGES CHAPTER 9 CONTRACTS — BIDS 40-904. contracts — design build. (1) The preferred contracting method of the department shall be as described in section 40-902 , Idaho Code. The department may select design-build firms and award contracts for design-build projects if the board determines that the projects are of appropriate size and scope, that awarding a design-build contract will serve the public interest, and that the method is superior to that described in section 40-902 , Idaho Code. The following criteria shall be used as the minimum basis for determining when to use design-build contract procedures: (a) Project suitability for design-build method contracting regarding time constraints, costs and quality factors; (b) The availability, capability and experience of potential design-build firms; (c) The department’s ability to manage design-build projects, including employing experienced personnel or outside consultants; and (d) Other criteria the department deems relevant and states in writing in its determination to use design-build contract procedures. (2) No more than twenty percent (20%) of the department’s annual highway construction budget for the state transportation improvement program shall be used for design-build and construction manager/general contractor contracts combined. (3) No less than thirty percent (30%) of any design-build contract awarded shall be self-performed by the design-build firm awarded such contract. (4) A professional engineer licensed in the state of Idaho shall have responsible charge of preparing the request for qualifications (RFQ) and request for proposals (RFP) including the base technical concept. The term responsible charge shall be as defined in section 54-1202 , Idaho Code. The professional engineer shall not be affiliated with any design-build firm submitting proposals on the project. (5) For each proposed design-build project, the department shall designate an evaluation committee. The evaluation committee shall include at least five (5) members who are qualified by education and experience, and at least two (2) of whom shall be professional engineers licensed in the state of Idaho. To assist in the evaluation process, the evaluation committee may retain the services of nonvoting members. (6) Any design-build firm, regardless of its organizational structure, must comply with all applicable requirements of chapter 12, title 54 , Idaho Code. The designer shall employ a professional engineer licensed in the state of Idaho who is in responsible charge of all engineering on the design-build project for the design-build firm. The term responsible charge shall be as defined in section 54-1202 , Idaho Code. (7) Any design-build firm regardless of its organizational structure, must comply with all applicable requirements of chapter 19, title 54 , Idaho Code. (8) Any Idaho professional engineering licenses required shall be obtained prior to submittal of a design-build firm’s proposa

40-905

TITLE 40 HIGHWAYS AND BRIDGES CHAPTER 9 CONTRACTS — BIDS 40-905. contracts — construction manager/general contractor. (1) The preferred contracting method of the department shall be as described in section 40-902 , Idaho Code. The department may select construction manager/general contractor (CM/GC) firms and award contracts for highway projects as provided herein. CM/GC highway projects shall be of appropriate size and scope to encourage maximum competition and participation by qualified firms. CM/GC procedures may be used for a specific highway project only after the board determines that awarding a CM/GC contract will serve the public interest and is superior to that described in section 40-902 , Idaho Code. The following criteria shall be used as the minimum basis for determining when to use CM/GC contract procedures: (a) Project suitability for CM/GC contracting regarding time constraints, costs and quality factors; (b) The availability, capability and experience of potential CM/GC firms; (c) The department’s ability to manage CM/GC projects, including employing experienced personnel or outside consultants; and (d) Other criteria the department deems relevant and states in writing in its determination to use CM/GC contract procedures. (2) No more than twenty percent (20%) of the department’s annual highway construction budget for the state transportation improvement program shall be used for design-build and CM/GC contracts combined. (3) No less than thirty percent (30%) of any CM/GC contract awarded shall be self-performed by the CM/GC firm awarded such contract. (4) A professional engineer licensed in the state of Idaho shall have responsible charge of preparing the request for proposals (RFP). Responsible charge shall be as defined in section 54-1202 , Idaho Code. The professional engineer shall not be affiliated with any CM/GC firm submitting proposals on the project. (5) Any CM/CG firm shall comply with all applicable requirements of chapter 19, title 54 , Idaho Code. The requirements of chapter 45, title 54 , Idaho Code, do not apply. (6) For each proposed CM/GC project, the department shall designate an evaluation committee. The members of the evaluation committee shall include at least five (5) members who are qualified by education and experience. To assist in the evaluation process, the evaluation committee may retain the services of nonvoting members. (7) After award of the contract, and upon written request, all unsuccessful CM/GC firms shall be afforded the opportunity for a debriefing. Debriefings shall be provided at the earliest feasible time after a CM/GC firm has been selected for award. The debriefing shall: (a) Be limited to discussion of the unsuccessful CM/GC firm’s proposal and shall not include specific discussion of a competing proposal; (b) Provide information on areas in which the unsuccessful CM/GC firm’s proposal had weaknesses or deficiencies; and (c) Maintain the confidentiality of the evaluation committee memb

40-913

TITLE 40 HIGHWAYS AND BRIDGES CHAPTER 9 CONTRACTS — BIDS 40-913. Resolution for use of day labor — Materials or supplies purchased on the open market. After twice rejecting all bids received for the same project, the county or district commissioners may, after preparing a cost estimate and finding it to be a fact, pass a resolution declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution it may have the project accomplished in the manner stated. The work performed or the materials or supplies provided shall be in accordance with the same plans and specifications upon which the bids were based. A complete and accurate record shall be kept of the cost of performing the work and this cost record shall be in a form that allows easy comparison with the cost estimate. The record shall show the totals of all classes and kinds of work performed, the total cost and unit cost of each class, together with the costs of executing the work including the costs of labor, material, equipment purchased, rental of equipment, insurance, fringe benefits, superintendence and all other overhead allocable to that project, including the reasonable value of the use of equipment owned by the county or district. History: [40-913, added 1985, ch. 253, sec. 2, p. 641; am. 1987, ch. 79, sec. 7, p. 151.]