Current through Register Vol. 48, No. 12, March 22, 2024
a)
Waiver of Bidding Procedures
When any abandoned mine condition involves a danger to public
health and safety and cannot await abatement under normal program procedures,
the Department shall waive the prequalification and bidding procedures of
Section
1150.300
and the Department shall enter into construction contracts for abatement of the
dangerous condition pursuant to the provisions of this Subpart.
b) Use of Prequalified Contractors
1) The Department shall maintain a list,
revised at least annually, of contractors who are prequalified with the
Department of Transportation for the type of construction work encountered in
AML Emergency reclamation projects. The list shall also include Contractors who
have demonstrated responsibility and competence through past performance on AML
Emergency reclamation projects. Listed contractors shall be used on all
projects unless:
A) the particular
construction activity involved is not of a type normally performed by the
listed Contractors; or
B) listed
contractors cannot be contacted within a reasonable time; or
C) listed contractors are not available to
begin work within a reasonable time.
2) What constitutes a "reasonable time" shall
be determined by the severity of the emergency or dangerous condition, and the
cost of temporary protective measures.
3) When listed contractors cannot be used,
the Department may use any responsible contractor who appears to be qualified
based upon the contractor's reputation, experience, and available
equipment.
c) Obtaining
Bids
1) When the full bidding procedures of
Section
1150.300
will not be utilized, the Department shall attempt to contact at least three
available contractors to request proposals. The three contractors to be
contacted shall be selected based upon proximity to the project, past
experience, expertise and available equipment and manpower.
2) When inspection of the site conditions is
necessary to understand the detail or complexity of the project, or when
requested by a contractor, a pre-bid meeting may be held for interested
contractors where the project will be explained and proposal documents
distributed. The pre-bid meeting shall be held at the project site whenever
possible.
3) Interested contractors
shall submit their proposals on the provided bid documents.
d) Contents of Proposal Documents
1) When full bidding procedures will not be
utilized, the proposal documents will include:
A) The unsigned agreement, and all
attachments thereto,
B) Plans,
specifications, and any supplemental specifications, and
C) The itemized bid form to be filled out by
the Contractor.
2) The
itemized bid form shall become the Contractor's proposal upon completion and
execution by the Contractor.
e) Award and Execution of Contract
The contract shall be awarded to the lowest responsible
bidder considering conformity with specifications, availability for work and
suitability of equipment.