1-FINAL - SPECS.pdf

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REBID of CD 50 7. 2C Ingram Foster Park
Solicitation number
Not on record
Issued by
Allegheny County, Pennsylvania

About this file

This document is the contract specifications and technical documentation for Contract No. 26-D01, Structure Demolition, prepared for Green Tree Borough by the Char-West Council of Governments (COG), with engineering services provided by Lennon, Smith, Souleret Engineering, Inc. The project involves the complete demolition and off-site disposal of an existing structure located at 358 Mansfield Road in Green Tree Borough, including asbestos removal as required and site restoration. Bidders must submit sealed proposals through the PennBid online platform with a mandatory completion timeline of thirty (30) calendar days from the date of the written Notice to Proceed. Prospective bidders are required to visit and examine the project site prior to bid submission and to independently verify all subsurface and overhead conditions; the Contract Documents characterize existing subsurface utility information as either Subsurface Utility Engineering (SUE) quality level C or D, and bidders assume all risks resulting from actual conditions differing from those indicated in the drawings. Bids must include a fully completed AIA Document A305-2020 Contractor's Qualification Statement, and the apparent low bidder must furnish a Consolidated Experience Statement, list of proposed subcontractors, financial statement dated within ninety days prior to submission, and a copy of the most recent auditor's report within seven days of bid opening. The Owner reserves the right to reject any or all bids and to waive any informalities in the bidding process.

Bid security in the amount of ten percent (10%) of the bid must accompany each proposal, either as a certified check or an approved surety company bid bond payable to the Char-West Council of Governments. Upon contract award, the successful bidder must furnish a Performance Bond, Payment Bond, and Maintenance Bond each in an amount not less than one hundred percent (100%) of the contract price within ten days of notification of award. Liquidated damages are set at five hundred dollars ($500.00) per consecutive calendar day for failure to complete work by the stipulated completion date, not to exceed eighteen months from the date of final payment for warranty and defect remediation obligations. All excavation work is performed on an unclassified basis, meaning removal and disposal of material of any kind, including rock removal, concrete, masonry, and other natural or manmade materials at no extra payment. The contract requires compliance with prevailing wage rates as specified by the Commonwealth of Pennsylvania and the U.S. Department of Labor, adherence to the Pennsylvania Public Works Employment Verification Act with E-Verify requirements for all employees hired after January 1, 2013, and compliance with the Pennsylvania Steel Products Procurement Act. Contractors must provide a full-time, on-site responsible employee designated as the competent person for OSHA trench excavation safety compliance, and fuel and price increase adjustments are expressly prohibited and shall not affect unit pricing.

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Text version

Proposal From: _____________________________

S. O. No. 441-045

CONTRACT DOCUMENTS AND

TECHNICAL SPECIFICATIONS

FOR

CONTRACT NO. 26-D01 - STRUCTURE

DEMOLITION (CD 50 3.11.8)

GREEN TREE BOROUGH

Prepared For

CHAR-WEST COUNCIL OF GOVERNMENTS

One Veterans Way, Suite 202 Carnegie, Pennsylvania 15106

JUNE 2026

Final Design Serial No. 20261421629 (May 22, 2026)

GREEN TREE BOROUGH – CONTRACT NO. 26-D01

STRUCTURE DEMOLITION i TABLE OF CONTENTS

TABLE OF CONTENTS

PAGE NO.

INVITATION FOR BIDS

INSTRUCTIONS TO BIDDERS B-1 - B-14

PROPOSAL ACKNOWLEDGEMENT C-1 - C-12

AGREEMENT AG-1 – AG-9

PERFORMANCE BOND PER-1 - PER-3

PAYMENT BOND PAY-1 - PAY-4

MAINTENANCE BOND MN-1 - MN-3

GENERAL CONDITIONS GC-1 - GC-35

SUPPLEMENTAL GENERAL CONDITIONS SGC-1 - SGC-5

Procurement Compliance Package Checklist Notice to Prime Contractors/Subcontractors Prime/Subcontractor Affirmative Action / MWBE Certification Allegheny County Economic Development – M/W/DBE/VOSB Solicitation and Commitment Statement Award Verification for Prime/Subcontractors – PL3/PL4 General Instructions for Registering in DUNS/SAM Schedule of Subcontractors Agency / Prime Contractor / Subcontractor Verification Fringe Benefit Letter US Department of Labor WH-347 Payroll Form Construction Stoppage Statement Award Verification for Suppliers / Professional Services – PL5 Agency / Prime Contractor / Subcontractor / Supplier / Professional Services Verification Form Davis-Bacon Wage Rates

SECTION ONE – GENERAL REQUIREMENTS 1-1 - 1-7

SECTION TWO – TECHNICAL SPECIFICATIONS 2-1 - 2-8

APPENDICES:

APPENDIX A – PHOTOGRAPHS

APPENDIX B – LOCATION MAPS

APPENDIX C – ASBESTOS SURVEY REPORTS

STRUCTURE DEMOLITION B-1 INSTRUCTIONS TO BIDDERS (7/2017)

INSTRUCTIONS TO BIDDERS

B.1 SCOPE OF WORK

B.1.1 Contract No. 26-D01 – Structure Demolition (CD 50 3.11.8) generally consists of the complete demolition and off-site disposal of the existing structure located at 358 Mansfield Road including asbestos removal, as required, and restoration in the Borough of Green Tree.

B.2 EXAMINATION OF CONTRACT DOCUMENTS AND SITE CONDITIONS

B.2.1 The Bidder is required to visit and carefully examine the site of the project and in particular all physical conditions including evidence of subsurface utilities, soils, pavements, facilities, operations and features which may affect the Contractor's work, as well as the Contract Documents and all other matters pertinent to the proposed work.

B.2.2 All prospective Bidders are notified that neither the Engineer nor the Owner has performed an exhaustive review of the Owners records or the records of the local government agency (i.e., township, borough, etc.) to establish whether there is secondary information in the files that might suggest conditions to be encountered in excavation. This includes, but is not limited to, meeting minutes, developer submissions, engineering reports prepared pursuant to other projects of the Owner or others, maintenance logs/notes, etc. To the extent that said records are known by appropriate staff to exist and are in the possession of or available to the Owner, they will be made available to the Bidder for review; however, the Bidder must make written request to the Owner or local government agency retaining such documents and make arrangements to review same. Time is of the essence and it is the Bidder’s responsibility to make all such requests far enough in advance of the bid submission deadline to permit reasonable research. Failure of the Owner or local government agency to respond shall not obligate the Owner in any manner and shall not relieve the Bidder of his/her/their responsibility.

B.2.3 It shall be assumed that the Bidder has satisfied himself/herself as to the conditions to be encountered overhead, on the surface and underground, the character, quality and quantities of work to be done and materials to be furnished, and the requirements of the Contract and Specifications. It shall also be assumed that the Bidder has adequately determined the means, methods, techniques and sequences of construction including health and safety programs required to successfully undertake and complete the work required to construct the project complete. No allowance or concession will be made for lack of such understanding on the part of the Bidder.

B.2.4 The Bidder/Contractor affirmatively represents that he/she/they is aware and accepts that:

STRUCTURE DEMOLITION B-2 INSTRUCTIONS TO BIDDERS (7/2017)

a. no responsibility is assumed by the Owner for subsurface conditions;

b. any information concerning subsurface conditions provided by the Owner or Engineer was obtained for its own use in designing the project, and neither Engineer nor Owner guarantee the accuracy or relevance of such data;

c. the Bidder/Contractor is not entitled to rely on any data provided by the

Owner or Engineer regarding subsurface conditions, and that all of such information is excluded from the Contract;

d. the Contractor shall make its own independent investigations of the site and existing subsurface conditions;

e. all excavation on the project is to be completed on an unclassified basis;

and

f. the Contractor will be held responsible for carrying out and completing all excavation work regardless of the conditions encountered.

B.2.5 Engineer's Investigations: From such investigations and/or surveys as may have been made at the site(s), it is assumed that physical conditions, including existing underground and overhead structure locations, are approximate as indicated on the Drawings, but the nature and extent of the structures and/or conditions below the surface are not guaranteed. For this Contract, all existing subsurface utility information presented on the Contract Drawings is characterized as either Subsurface Utility Engineering (SUE) quality level C or quality level D as defined in ASCE Standard CI/ASCE 38-02 and referred to in the One Call Act. See Article XI(d) of the Agreement which is part of these Contract Documents. Upon investigation of the site of the work, should the Bidder determine that utility Quality Level A or B is required to complete the work Bidder shall arrange to obtain such information as it determines in its sole judgment is required. Individual structure underground electric, gas or water service lines and sanitary service laterals are not shown on the construction plans.

If the information presented in good faith on the drawings is used by a Bidder in preparing its Proposal, Bidder must independently verify the physical conditions, including existing underground and overhead structure locations and assumes all risks resulting from conditions differing from the approximations indicated.

Bidder is also solely responsible for confirmation and verification of subsurface conditions to the extent required to prepare, substantiate and submit bid prices.

B.2.6 Bidders Subsurface Investigations: Bidders are hereby advised that before drilling any holes or excavating any test pits for the purpose of identifying underground conditions, they must secure permission in writing to do such drilling or test pit excavation from authorized officials of the Owner, governmental bodies and agencies having jurisdiction, and in addition, from private property owners, as required.

STRUCTURE DEMOLITION B-3 INSTRUCTIONS TO BIDDERS (7/2017)

B.3 BID PROPOSAL

B.3.1 Bids are to be submitted using the online PennBid website. The completed BID WORKSHEET, proposal form, certifications, and the Bid Bond form (when a bid bond is used as proposal security) must be properly executed in ink without alterations and digitally submitted along with the completed AIA Document A305-2020 Contractor’s Qualification Statement described in Paragraph B.8.1. When a bid bond is used as proposal security the certificate as to corporate principal must also be completed and submitted with each proposal.

All Proposals submitted shall conform to the following sub-paragraphs of this B.3.

B.3.2 Bid Prices: Using the prescribed BID WORKSHEET, all bid prices shall be entered on the PennBid online submission for each item, with the amount extended if a unit price bid, and all amounts totaled. For unit price items, the "unit price" shall govern in the event of occurrence of a multiplication error in arriving at a total price for the item bid.

B.3.3 Partial Bid Prices: It is mandatory that Bidders submit prices for all items included in the BID WORKSHEET. Incomplete bids shall be rejected.

B.3.4 Lump Sum Prices: The lump sum price shall be based on the quantities described in the Specifications, BID WORKSHEET, Proposal Form and/or as shown on the Contract Drawings. Where adjustment is authorized by Owner as a result of field conditions, payment to the Contractor shall be adjusted on the basis of the actual quantities installed in accordance with the Contract provisions and/or Supplemental Unit Prices. Adjustment to the lump sum contract price will be in the form of change orders as specified in Article 38 of the General Conditions of the Contract. The Owner reserves the right to delete any lump sum bid item and any such deletion shall not be considered as sufficient ground for granting an increase in lump sum prices for remaining bid items.

B.3.5 Base Bids: The Owner reserves the right to reject all bids received.

B.3.6 Unit Prices: In unit price bids, the written extensions and the total are for informational purposes only. As stipulated in B.3.2., for unit price items, the "unit price" shall govern in the event of occurrence of a multiplication error in arriving at a total price for the item bid. The PennBid system will calculate the bid price using the estimated quantities and the unit price or lump sum price inserted by the bidder. and shall re-compute the total price for each item and the Total Contract Price Bid. The determination of the lowest bid will be based solely on the total results of computations of the estimated quantities for items of work specified and the respective unit/lump sum prices bid including any combination of alternates authorized by the Proposal.

B.3.7 Approximate Estimate of Quantities: The Bidder's attention is directed to the fact that in contracts based on unit prices, the estimate of quantities of work

STRUCTURE DEMOLITION B-4 INSTRUCTIONS TO BIDDERS (7/2017)

to be done and materials to be furnished under these Specifications, as shown on the BID WORKSHEET and in the Contract, is approximate and is given only for the benefit of the Owner to be used as a basis of calculation upon which to determine the lowest Bidder. Neither the Owner nor Engineer assumes any responsibility that the quantities indicated will be obtained in the construction of the Project, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities, or the character of the work or location, or other conditions pertaining thereto.

B.3.8 Owner's Changes: The Owner reserves the right to increase or diminish any or all of the Quantities of Work or to omit any of them as it may deem necessary; and any such increase or decrease of the quantities given for any of the items shall not be considered as sufficient ground for granting an increase in the unit price bid.

B.3.9 Requirements Affecting Bid: Bidders shall ascertain all governmental and utility requirements with respect to wage scales, trench and structure excavations, tunnel construction, blasting, equipment, materials, labor, health, safety and sanitation and traffic control; and shall base their bid prices on full compliance therewith. In the case where subsurface public or privately owned utility pipe lines, cables or structures exist within the construction area, Bidders shall ascertain from each utility owner its rules, regulations and requirements relative to support and protection of such. Bidders will be assumed to have included in their bids pertinent costs and expenses for the above including risks, loss and damage due to such rules, regulations and requirements.

B.3.10 Signatures: The Bidder shall sign his/her/their name, and give his/her/their business address in the spaces provided therefor. If the Proposal is made by a partnership, it shall be signed by all general partners and, in lieu thereof, by a general partner and accompanied by an appropriate authorization executed by all general partners of the partnership; if made by a corporation it shall be signed in the name of the corporation by the President or a Vice President, or by a duly authorized agent due proof of whose authority shall be attached, and shall have affixed the seal of the corporation attested by the Secretary or an Assistant Secretary.

B.3.11 Submitting of Bid: The completed BID WORKSHEET, executed Proposal, and executed Addenda (if any) and all other documents identified on the PennBid website as required for submission shall be submitted/uploaded using the PennBid website and instructions prior to the bid deadline for submission.

B.3.12 Bidder's Representations: Attention is called to the representations made by the Contractor in Article XI of the Agreement which is part of these Contract Documents.

STRUCTURE DEMOLITION B-5 INSTRUCTIONS TO BIDDERS (7/2017)

B.3.13 Bid Shall Not Qualify Specification: No Proposal shall be considered which is not based upon these drawings and specifications, or which contains any letter or written memorandum qualifying same, or which is not properly made out and signed in writing by the Bidder or an authorized agent of the Bidder.

B.4 BID SECURITY

B.4.1 Each Proposal shall be accompanied by a certified check or approved surety company's Bid Bond in the amount of not less than ten percent (10%) of the bid, which shall be payable to the Owner, as designated in the Advertisement, as payee or obligee, and the full amount of said check or bond shall be forfeited and payable as damages to the Owner if the Bidder fails to execute the Contract form(s) incorporated in these documents and furnish the specified bond or bonds to the Owner within ten (10) days after notification of award of the Contract to the Bidder. All Bidders desiring to secure their respective bids with bid bonds shall use the form appended to the Proposal, inserted herein immediately following the Proposal. Approved securities shall be “those companies holding certificates of authorization” as listed in the latest issue of the U.S. Department of Treasury, Circular 570.

B.4.2 In the event that the successful Bidder fails to execute the Contract awarded and furnish bond or bonds as specified, he/she/they shall further be responsible for the total loss sustained by the Owner.

B.5 INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

B.5.1 The Contract Documents, including but not limited to the Drawings and the Technical Specifications, depict and describe the general design intent of the character and scope of the work to be constructed, and the material and/or equipment to be installed therein. For sewer line and/or waterline projects except where specific coordinates or reference dimensions are shown, it shall be understood that the drawings show the general alignment of the mainline and the house services. The final constructed alignment and/or location of structures may be adjusted to suit field conditions encountered with prior approval of the Engineer. Individual services shown, including mainline wyes and site tees, are intended to indicate that service is to be provided and are not intended to show actual constructed location.

B.5.2 During the period allowed for preparation of bids, Bidders may be furnished addenda or bulletins for additions to or alterations of the Drawings or Specifications which shall be included in the work covered by the Proposal and become a part of the Contract Documents.

B.5.3 Written Requests: If a prospective Bidder is in doubt as to the true meaning of any part of the Drawings, Contract Documents or Technical Specifications, he/she/they may submit to the Engineer a written request for an interpretation thereof. The Bidder submitting the request will be responsible for

STRUCTURE DEMOLITION B-6 INSTRUCTIONS TO BIDDERS (7/2017)

its prompt delivery. Any interpretation of the Contract Documents will be made only by written addendum duly issued and a copy of such addendum will be provided via the PennBid system for download in PDF format to each prospective Bidder of record. Neither the Engineer nor the Owner will be responsible for any other explanation or interpretations of the proposed Contract.

Failure of any Bidder to receive any such Addenda or interpretation shall not relieve such Bidder from any obligation under his/her/their bid as submitted.

B.5.4 Addenda Acknowledgment: Each Bidder is required to download all addenda via the PennBid website. This serves as acknowledged receipt of all addenda as part of their bid submission. Failure to download/acknowledge receipt of all addenda will cause his/her/their bid to be rejected.

B.6 CONTRACTOR CERTIFICATION OF CONSTRUCTABILITY

B.6.1 Each Proposal shall include an executed Certification of the Contractor as follows:

a. Contractor acknowledges that: (1) the Engineer's obligations are to the

Owner and that, in performing such obligations, the Engineer may increase the burdens and expense of the Contractor, its Subcontractors or the surety of any of them; (2) the Contractor has an independent duty and responsibility to review the Contract Documents prepared by the Engineer as to Constructability (meaning the difficulty, cost and time to build the Project as designed); and, therefore (3) the Contractor represents, certifies and warrants to the Owner, the Engineer and the Engineer's Consultants that:

1. The Contractor has its own in-house engineers and/or staff expertise who have reviewed the Contract Documents for Constructability and has fully satisfied itself and its subcontractors that the Project can be built as designed and within the cost, budget and schedule submitted to the Owner by the Contractor, or

2. The Contractor has engaged independent Engineers and/or experts who have reviewed the Contract Documents for Constructability and has fully satisfied itself and its subcontractors that the Project can be built as designed and within the cost, budget and schedule submitted to the Owner by the Contractor, or

3. The Contractor has decided to forego any such review by any

Engineer or expert and has accepted the risk that the difficulty, cost and time required to complete the Project as designed may be greater than its bid or any submitted cost estimate, budget or schedule for the Project, and therefore;

STRUCTURE DEMOLITION B-7 INSTRUCTIONS TO BIDDERS (7/2017)

b. Contractor acknowledges that the Drawings and Specifications are intended only to depict and describe the intent of the completed Project.

Contractor represents that it is qualified to construct the Project as depicted in the Contract Documents and to determine its own means, methods, techniques, sequences and procedures. To the extent that means, methods, techniques, sequences and procedures are identified in the Contract Documents, Contractor is required to independently evaluate those means, methods, techniques, sequences and procedures for the purpose of determining whether the means, methods, techniques, sequences and procedures depicted or described in the Contract Documents are adequate to construct the Project. Contractor further represents that it has based its bid upon its own determination of the means, methods, techniques, sequences and procedures required to construct the Project.

c. Submission of a bid and/or Execution of the Contract by the Contractor is a representation that the Contractor has carefully reviewed and thoroughly examined and evaluated the Contract Documents to determine whether the Contractor needs clarification of the Contract Documents or additional interpretation of the intent of the Contract Documents to determine its bid and that it has requested any needed clarification prior to submitting its bid. Contractor represents that it has the knowledge, skill and expertise to perform the Work; that it understands that it must make reasonable inferences to determine portions of the Work not shown in the Contract Documents that would be required for a proper and complete project, and it has included all costs for such inferences in its bid; and, that Contractor is not relying on representations from the Contract Documents for the purpose of determining the means, methods, sequences or procedures of performing the Work.

d. The Contractor, on behalf of itself and all of its subcontractors and sub-subcontractors) will waive the right to make any claim against the Owner, the Engineer or any of the Engineer's Consultants for this Project (whether such claim is based on breach of contract, breach of warranty, misrepresentation, negligence or other tort or any other legal doctrine) for any alleged increased difficulty, cost or delay in completion of the Project due to any alleged misrepresentation, error or omission in the Contract Documents that was or should have been discovered in the constructability review, and

e. The Contractor agrees to indemnify and hold harmless the Owner, Engineer and all of the Engineer's Consultants from any and all claims brought by any subcontractor or anyone else working on the Project under the Contractors Agreement with the Owner for any and all attorneys fees and costs incurred by the Owner, the Engineer or any of the Engineer's Consultants in defending any Contractor or subcontractor claim for increased costs based on any alleged misrepresentation, error or omission

STRUCTURE DEMOLITION B-8 INSTRUCTIONS TO BIDDERS (7/2017)

in the Contract Documents, and that this indemnity includes any damages any of them are required to pay to such Contractor or subcontractor for alleged increased costs of construction or delay in completion of the Project), and

f. The Contractor acknowledges the right of any such Engineer or Engineer's

Consultant to bring suit directly against the Contractor to recover or enforce this indemnity obligation, and

g. The Contractor also certifies that it shall secure similar certifications from each of its Subcontractors for the Project waiving their rights to recover against the Owner or the Engineer or any of the Engineer's Consultants for increased costs of construction or delay in construction due to any alleged misrepresentation, error or omission in the Contract Documents. Should the Contractor fail to secure any such waiver, then that failure shall be deemed a material breach of this Contractor Certification and the measure of damages recoverable by the Owner, the Engineer or any of the Engineer's Consultants for this breach shall be all attorneys’ fees and costs expended in defending any such claim as well as any damages awarded against any of them because of such a claim.

B.7 TIME OF COMPLETION AND LIQUIDATED DAMAGES

B.7.1 If the Bidder is awarded a Contract, he/she/they shall commence work on a date to be specified in a written Notice to Proceed, and shall fully complete same within the stipulated time of completion. He shall also pay the Owner as liquidated damages, the sum of Five Hundred Dollars ($500.00) for each consecutive calendar day thereafter during which all Contract work is not completed, as hereinafter provided in the General Conditions.

B.8 BIDDER'S QUALIFICATIONS

B.8.1 As part of his/her/their bid submission, the Bidder shall furnish a fully completed and executed AIA Document A305-2020 Contractor’s Qualification Statement.

B.8.2 In addition to the foregoing, within seven (7) days after the opening of bids, the Bidder selected as the apparent low Bidder shall furnish to the Engineer in duplicate, in accordance with Paragraph B.3.11, the following sworn statements:

a. Experience Statement: A sworn statement listing the Bidder's experience in performing work of the character for which his/her/their bid is submitted. The experience statement shall be submitted on the “Consolidated Experience Statement” attached hereto which includes Owner, description of the work, dates of work, contract time of completion, actual time of completion, bid amounts, change order amounts

STRUCTURE DEMOLITION B-9 INSTRUCTIONS TO BIDDERS (7/2017)

and disputes. Bidder shall supply references by including name of owner and owner's engineer or authorized representatives and telephone number for each project listed.

b. List of Proposed Subcontractors: The Bidder shall submit a listing of all subcontractors (excluding equipment manufacturers) he/she/they proposes to award more than ten percent (10%) of the work. This listing shall identify the work to be subcontracted and the percentage of the total work to be awarded to the subcontractor. The Bidder shall also provide the sworn, experience and as noted in a. and b. of this Paragraph B.8.2.

B.8.3 In addition to the foregoing, within seven (7) days after the opening of bids, the Bidder selected as the apparent low Bidder shall furnish to the Owner’s Legal Counsel in duplicate, in accordance with Paragraph B.3.9, the following:

a. Financial Statement: A sworn financial statement showing his/her/their assets and liabilities as of a date not more than ninety (90) days prior to the date of submission, and

b. A copy of the Bidder’s most recent auditor's report.

B.8.4 The Owner may make such investigations as he/she/they deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified and capable to carry out the obligations of the Contract and to complete the work contemplated therein within the Time of Completion.

B.9 EXECUTION OF DOCUMENTS

B.9.1 The successful Bidders will be required to execute the Contract and bonds in no less than five (5) counterparts in accordance with requirements of Paragraph B.3.9.

B.10 COLLUSIVE AGREEMENTS

B.10.1 Each Bidder submitting a Proposal to the Owner for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided (Proposal Form), to the effect that he/she/they has not colluded with any other person, firm, or corporation in regard to any Proposal submitted.

B.10.2 Before executing any subcontract the successful Bidder shall submit the name of any proposed subcontractor for prior approval and an affidavit substantially in the form provided herein.

STRUCTURE DEMOLITION B-10 INSTRUCTIONS TO BIDDERS (7/2017)

B.11 TIME FOR RECEIVING PROPOSALS

B.11.1 Proposals received prior to the advertised hour of opening will be securely kept, sealed on the PennBid website. The officer whose duty it is to open them will decide when the specified time has arrived, and no Proposal received thereafter will be accepted by the PennBid website for consideration.

B.12 OPENING OF PROPOSALS

B.12.1 At the time and place fixed for the opening of Bids, the Owner will cause to be opened using the PennBid bid letting process and publicly read aloud every Proposal received within the time set for receiving Proposals, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative.

B.13 WITHDRAWAL OF PROPOSALS

B.13.1 All Bidders specifically waive any right to withdraw a Proposal after it has been submitted to the Owner, except as provided in the following:

a. Prior to Date and Time for Opening Proposals: A Bidder may withdraw using the PennBid website.

b. On and After Date and Time for Opening Proposals: No Proposal may be withdrawn at the date and time for the opening of Proposals nor for a minimum period of ninety (90) days (one hundred twenty (120) days when stipulated in the Advertisement) thereafter. The bid of the lowest responsible Bidder may not be withdrawn during the period within which the Owner may award the Contract to such lowest Bidder as provided herein.

B.14 PROPOSAL REJECTION

B.14.1 The unqualified right is reserved by the Owner, at its option, to waive any informalities, irregularities, defects, errors or omissions in any or all Proposals and to reject any or all Proposals as may be deemed to be in the best interest of the Owner. Proposals which contain omissions, erasures, alterations, additions not called for, conditional bids or irregularities of any kind, or Proposals otherwise regular which are not accompanied by Proposal Security, may be rejected as informal. Proposals in which the bid prices are obviously unbalanced may be rejected.

B.15 LAWS AND REGULATIONS

B.15.1 The Bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the

STRUCTURE DEMOLITION B-11 INSTRUCTIONS TO BIDDERS (7/2017)

Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.

B.16 AWARD OF CONTRACT

B.16.1 Award of the contract, if made, will be to the low, responsive, responsible Bidder who complies with the requirements and conditions herein.

B.16.2 For Projects bid with Add or Deductive Alternates the Owner reserves the sole and exclusive right to determine low bidder based on any combination of the Base Bid plus or minus any, all, or none of the Add/Deductive Alternates.

B.16.3 Award of the contract does not constitute Notice to Proceed. Notice to Proceed when issued by the Owner requires, receipt by the Owner from the Contractor of proper Agreement, Bonds, Insurance and other documents required to comprise a complete contract package, and is subject to finalizing any required financial closings including but not limited to Loan Closing and/or Bond issuance.

The Contract time begins upon, and the time for completion is measured from, the issuance of the Notice to Proceed.

B.17 EXECUTION OF AGREEMENT -- PERFORMANCE AND PAYMENT BOND

B.17.1 Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Owner an Agreement in the form included in the Contract Documents in such number of copies as the Owner may require.

B.17.2 Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall, within the period specified in paragraph B.17.1 above, furnish a surety bond in a penal sum not less than the amount of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. Such bond shall be in the form as that included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond. This bond shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Department of Treasury, Circular 570 and the penal sum shall be within the maximum specified for such company in said Circular 570.

B.17.3 The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant, based upon reasons determined sufficient by the Owner, the Owner may either award the Contract to the next lowest responsible Bidder or readvertise for bids, and may charge against the defaulting Bidder the difference between the

STRUCTURE DEMOLITION B-12 INSTRUCTIONS TO BIDDERS (7/2017)

amount of the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus determined exceeds the amount of the Bid Bond. If a more favorable bid is received by readvertising, the defaulting Bidder shall have no claim against the Owner for a refund.

B.18 WAGES AND SALARIES

B.18.1 Attention of Bidders is particularly directed to the requirement concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees.

B.19 PENNSYLVANIA PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

REQUIREMENTS

B.19.1 Attention of the Bidders is particularly directed to the requirement to comply with the Pennsylvania Public Works Employment Verification Act (July 2012). Award of this contract requires proper execution and submission of a completed Commonwealth of Pennsylvania proscribed Public Works Employment Verification Form by the Contractor. The form is available online at www.dgs.state.pa.us (sample appended). The Form may not be modified.

B.19.2 The requirement to comply with the Act as well as to complete the Form extends to all subcontractors.

B.19.3 Bidders are also notified that the Payment Request forms to be used on this contract contain a check box for the contractor to certify that they are in compliance with the Act. No payments will be processed if the box certifying compliance is not checked.

B.20 UNITED STATES PRODUCED STEEL REQUIREMENTS

B.20.1 This Contract is subject to the provisions of the Pennsylvania "Steel Products Procurement Act, Act No. 1978-3" (73 P.S. 1881 et seq. as amended).

Accordingly, only "steel products" as defined in Section 6 of the Steel Products Act shall be used or supplied in the performance of this Contract or subcontracts.

B.20.2 The Contractor shall provide certifications to the Owner with each shipment of steel products delivered to the project site that such steel products comply with this Act. Certifications shall be on Pennsylvania DGS Forms ST-1, ST-2, ST-3, or ST-4, as appropriate.

B.21 PRICE INCREASES

B.21.1 In submitting this bid the Contractor understands and agrees that price increases associated with oil prices used in work items and fuel for transportation

STRUCTURE DEMOLITION B-13 INSTRUCTIONS TO BIDDERS (7/2017)

of work items shall not affect the Unit Price bid and no request for fuel adjustments or asphalt index shall be requested by the Contractor nor will they be considered by the Owner.

B.22 UNCLASSIFIED EXCAVATION

B.22.1 All excavation work of the Contract shall be performed on an "unclassified" basis.

B.22.2 Unclassified excavation shall mean the removal and disposal of material of any kind, including removal of any rock regardless of type or hardness, boulders, stumps, trees, tree roots, muck, shale, masonry, concrete, curbing, paving or any other natural or manmade materials. No extra payment shall be made for any excavated materials regardless of type.

B.23 RESPONSIBLE EMPLOYEE/COMPETENT PERSON

B.23.1 Under this Contract, the Contractor shall provide a full time, on-site responsible employee/competent person to remedy emergency situations stemming from the construction activity. This employee shall also be designated the "competent person" regarding trench excavation safety as defined by the Occupational, Safety and Health Administration (OSHA). Failure to provide for or to place said competent person on the project shall not operate to absolve the Contractor of his/her/their responsibilities.

B.24 PROHIBITION OF DISCRIMINATION

B.24.1 In the hiring of employees for the performance of work under the Contract or any subcontract, no contractor, subcontractor or any other person acting on behalf of the contractor or subcontractor shall by reason of gender, race, creed, or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

B.24.2 No contractor or subcontractor or any person on their behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under the Contractor on account of gender, race, creed, or color.

B.24.3 The Contract may be canceled or terminated by Owner, and all money due or to become due under the Contract may be forfeited for a violation of the terms or conditions of this portion of the Contract.

STRUCTURE DEMOLITION B-14 INSTRUCTIONS TO BIDDERS (7/2017)

B.25 "OR EQUAL" CLAUSE

B.25.1 Whenever a material, item of equipment, or article required for the project is specified or shown on the plans by using the name of the proprietary product or a particular manufacturer or vendor, any material, item of equipment, or article which will perform adequately the duties imposed by the design will be considered equal and satisfactory, providing the material or article so proposed is of equal substance and function in the opinion of the Engineer upon submission and approval of required documentation.

END OF SECTION

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COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

Contracting Public Body _______________________________________________________________

Contract/Project No ___________________________________________________________________

Project Description ____________________________________________________________________

Project Location ______________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act

(‘the Act’) through utilization of the federal E‐Verify Program (EVP) operated by the United States

Department of Homeland Security. To the best of my/our knowledge, all employees hired post

January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, _________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

STRUCTURE DEMOLITION C-1 PROPOSAL

PROPOSAL

TO: CHAR-WEST COUNCIL OF GOVERNMENTS

ONE VETERANS WAY, SUITE 202

CARNEGIE, PENNSYLVANIA 15106

FOR: CONTRACT NO. 26-D01

STRUCTURE DEMOLITION (CD 50 3.11.8)

BOROUGH OF GREEN TREE

Pursuant to and in compliance with the request for bids on the above captioned work, the undersigned offers to furnish all labor, superintendence, materials, supplies, equipment, plant and other facilities and utilities for, to perform all work necessary or incidental to the construction of CONTRACT NO. 26-D01 – STRUCTURE DEMOLITION (CD 50 3.11.8) (GREEN TREE BOROUGH), complete in every respect, in strict accordance with the Contract Documents including the Advertisement, Instructions for Bidders, Proposal, General Conditions, Special Conditions, Supplemental General Conditions, Contract, Bonds, Technical Specifications, Erosion Control Plan, Standard Drawings and Construction Drawings, all of which are considered part of this Contract, and which are on file in the office of the CHAR-WEST COUNCIL OF GOVERNMENTS, One Veterans Way, Suite 202 Carnegie, Pennsylvania 15106, and in the office of LSSE CIVIL ENGINEERS AND SURVEYORS, 846 Fourth Avenue, Coraopolis, Pennsylvania 15108-1522, and any future changes therein as provided in the Contract and project specifications, and to perform all other obligations imposed by the Contract for the prices named in the BID WORKSHEET submitted via PennBid bid submission referenced to herein as part of this Proposal Acknowledgement as “BID WORKSHEET.” The BID WORKSHEET is considered part and parcel of this Proposal Acknowledgement and as referred to in the complete contract documents.

It is understood that the estimated quantities of the various Unit Price Items listed in the Proposal are only approximate and are so listed only as a basis upon which the Owner may evaluate bids, and the undersigned bidder further agrees that if the final quantities of the unit price times tabulated above are greater or less than the estimated quantities, he will accept additions to, or deductions from the "Total Price Bid" as awarded, basing these additions or deductions upon the unit prices shown previously in the SCHEDULE OF PRICES. These additions or deductions will be accepted by the bidder regardless of the amount of the variations from the estimated quantities, which as stated above, are only approximate and are only for the use of the Owner.

The presentation in the BID WORKSHEET that are obviously unbalanced, may be sufficient cause for rejection of the entire Proposal, whether or not such Proposal is the lowest submitted.

STRUCTURE DEMOLITION C-2 PROPOSAL

Additional and extra work, if any, performed in accordance with the Contract Documents, shall be paid for as provided in the General Conditions.

This Document and all papers required by it and submitted herewith, the Contract and all papers made part thereof by its terms, are hereby made part of this Proposal.

The undersigned acknowledges receipt of the following addenda to the Contract Documents (see Instructions to Bidders regarding Addenda Acknowledgment):

ADDENDUM NO. ______ DATE: ___________________________

ADDENDUM NO. ______ DATE: ___________________________

ADDENDUM NO. ______ DATE: ___________________________

ADDENDUM NO. ______ DATE: ___________________________

The undersigned bidder hereby represents as follows:

(a) that he has visited and carefully examined the site of the work, has made such tests and examinations as he believes necessary to submit a bid based upon information secured by him independently, and not based on information coming from the Owner, or Engineer, and has carefully examined the Contract Documents;

(b) that no officer, agent, or employee of the Owner is personally interested, directly or indirectly in the Proposal and the accompanying Contract or the compensation to be paid hereunder;

(c) that this Proposal is made without connection with any person, firm or corporation making a Proposal for the same work, and is in all respects fair, and without collusion or fraud;

(d) that should the Owner notify the undersigned of its intention to award a contract to the undersigned based on this Proposal, including any combination of alterations, additions, deductions, or omissions, indicated or authorized by the Schedule of Prices or the Instructions to Bidders, the undersigned will furnish properly executed bonds and insurance certificates and will execute the proposed Contract within the time and in the forms and amounts required by the Contract Documents as defined in the Supplemental General Conditions, and that upon failure, neglect or refusal to do so, he shall forfeit to the Owner the Proposal Security accompanying this Proposal, not as a penalty but as liquidated damages;

(e) that he intends to be legally bound by the terms of this instrument;

(f) accompanying this Proposal is a Bid Bond in the amount of ___________________________ Dollars (10% of Bid) payable to the CHAR-WEST

STRUCTURE DEMOLITION C-3 PROPOSAL

COUNCIL OF GOVERNMENTS which, it is agreed, shall be retained as liquidated damages by the Owner, if the undersigned fails to execute the Contract and furnish bonds as specified within ten (10) calendar days after notification to do so;

(g) to complete the work under this Contract will require THIRTY (30) calendar days from the date of written Notice to Proceed.

(h) in submitting this bid it is understood that the right is reserved by the Owner to reject any or all bids and to waive any informalities in the bidding.

(i) that this bid may not be withdrawn for a period of ninety (90) calendar days from the opening thereof.

(j) CONTRACTOR’S BILT RITE CERTIFICATION

a. The undersigned Contractor does hereby certify to the following:

b. First, this Certification is for the benefit of the Owner, the Engineer, and the Engineer's Consultants.

c. Second, Contractor acknowledges that: (1) the Engineer's obligations are to the Owner and that, in performing such obligations, the Engineer may increase the burdens and expense of the Contractor, its Subcontractors or the surety of any of them; (2) the Contractor has an independent duty and responsibility to review the Contract Documents prepared by the Engineer as to Constructability (meaning the difficulty) cost and time to build the Project as designed); and, therefore (3) the Contractor represents, certifies and warrants to the Owner, the Engineer and the Engineer's Consultants that:

i. The Contractor has its own in-house engineers and/or staff expertise who have reviewed the Contract Documents for Constructability and has fully satisfied itself and its subcontractors that the Project can be built as designed and within the cost, budget and schedule submitted to the Owner by the Contractor, or

ii. The Contractor has engaged independent Engineers and/or experts who have reviewed the Contract Documents for Constructability and has fully satisfied itself and its subcontractors that the Project can be built as designed and within the cost, budget and schedule submitted to the Owner by the Contractor, or

STRUCTURE DEMOLITION C-4 PROPOSAL

iii. The Contractor has decided to forego any such review by any Engineer or expert and has accepted the risk that the difficulty, cost and time required to complete the Project as designed may be greater than its bid or any submitted cost estimate, budget or schedule for the Project, and therefore

d. The Contractor, on behalf of itself and all of its subcontractors and sub-subcontractors) does hereby waive the right to make any claim against the Owner, the Engineer or any of the Engineer's Consultants for this Project (whether such claim is based on contract, tort or any other legal doctrine) for any alleged increased difficulty, cost or delay in completion of the Project due to any alleged misrepresentation, error or omission in the Contract Documents, and

e. The Contractor agrees to indemnify and hold harmless the Owner, Engineer and all of the Engineer's Consultants from any and all claims brought by any subcontractor or anyone else working on the Project under the Contractors Agreement with the Owner for any and all attorneys fees and costs incurred by the Owner, the Engineer or any of the Engineer's Consultants in defending any Contractor or subcontractor claim for increased costs based on any alleged misrepresentation, error or omission in the Contract Documents, and that this indemnity includes any damages any of them are required to pay to such Contractor or subcontractor for alleged increased costs of construction or delay in completion of the Project), and

f. Contractor acknowledges the right of any such Engineer or

Engineer's Consultant to bring suit directly against the Contractor to recover or enforce this indemnity obligation, and

g. Contractor also certifies that it shall secure similar certifications from each of its Subcontractors for the Project waiving their rights to recover against the Owner or the Engineer or any of the Engineer's Consultants for increased costs of construction or delay in construction due to any alleged misrepresentation, error or omission in the Contract Documents. Should the Contractor fail to secure any such waiver, then that failure shall be deemed a material breach of this Contractor Certification and the measure of damages recoverable by the Owner, the Engineer or any of the Engineer's Consultants for this breach shall be all attorney’s fees and costs expended in defending any such claim as well as any damages awarded against any of them because of such a claim.

STRUCTURE DEMOLITION C-5 PROPOSAL

h. Contractor also certifies that for utility line contracts (e.g. sanitary sewers, waterlines, and storm sewers) this certification applies to changes to horizontal and/or vertical alignment of the lines installed as may be necessitated by field conditions and/or other utility conflicts.

Dated: ______________________, 20____

ATTEST:

Secretary / Assistant Secretary Corporation - Contractor

President / Vice President

WITNESS:

_________________________ ______________________________ (Seal) Individual-Contractor

STRUCTURE DEMOLITION C-6 PROPOSAL

FOR INDIVIDUAL - CONTRACTOR

COMMONWEALTH OF PENNSYLVANIA :

: SS

COUNTY OF :

On this, the ______ day of ______________, _____, before me, a Notary Public, the undersigned officer, personally appeared ___________________________________, t/d/b/a __________________________________________________, known to me (or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

_____________________________ (SEAL)

Nota…

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