1-HMA 2025-03 Gabion Wall Repair December 2025.pdf

TABLE OF CONTENTS 000110-01

RETTEW Project No.: 1010905199

HERMITAGE MUNICIPAL AUTHORITY

GABION WALL REPAIR

CONTRACT NO. 2025-01

TABLE OF CONTENTS

Division 00 – Bidding and Contracting Requirements

SECTION 001116 – INVITATION TO BID ................................................................................ 001116-01

SECTION 002113 – INSTRUCTIONS TO BIDDERS................................................................. 002113-08

SECTION 004110 – BID FORM................................................................................................... 004110-05

SECTION 004500 – NON-COLLUSION AFFIDAVIT ............................................................... 004500-02

SECTION 004526 – WORKER’S COMPENSATION AFFIDAVIT ........................................... 004526-01

SECTION 004533 – NON-DISCRIMINATION AFFIDAVIT .................................................... 004533-01

SECTION 004546 – PUBLIC WORKS EMPLOYMENT VERIFICATION FORM .................. 004546-01

SECTION 005200 – FORM OF AGREEMENT ........................................................................... 005200-06

SECTION 006113 – PERFORMANCE BOND ............................................................................ 006113-03

SECTION 006115 – PAYMENT BOND ...................................................................................... 006115-03

SECTION 007000 – GENERAL CONDITIONS .......................................................................... 007000-67

SECTION 007300 – SUPPLEMENTARY CONDITIONS .......................................................... 007300-12

SECTION 007343 – PREVAILING WAGE RATES ................................................................... 007343-20

Division 01 – General Requirements

SECTION 011100 – SUMMARY OF PROJECT ......................................................................... 011100-02

SECTION 013300 – SUBMITTALS ............................................................................................. 013300-10

SECTION 014000 – QUALITY CONTROL ................................................................................ 014000-08

SECTION 014200 – REFERENCES ............................................................................................. 014200-02

SECTION 015000 – CONSTRUCTION FACILITIES AND TEMPORARY

CONTROLS................................................................................................ 015000-04

SECTION 016100 – PRODUCT REQUIREMENTS ................................................................... 016100-05

SECTION 017300 – EXECUTION REQUIREMENTS ............................................................... 017300-05

SECTION 017700 – CLOSEOUT PROCEDURES ...................................................................... 017700-05

SECTION 017839 – PROJECT RECORD DOCUMENTS .......................................................... 017839-03

TECHNICAL SPECIFICATIONS

Division 31 – Earthwork

SECTION 312319 – DEWATERING ........................................................................................... 312319-03

SECTION 312500 – STORMWATER POLLUTION PREVENTION PLAN ............................. 312500-02

..................................................................... PASPGP-5 Permit Authorizations from Original Construction

........................................................... Erosion and Sedimentation Control Plan from Original Construction

SECTION 316000 – GABIONS .................................................................................................... 316000-02

Division 32 – Exterior Improvements

SECTION 329200 – TURF AND GRASSES ............................................................................... 329200-08

DRAWINGS (ATTACHED TO PROJECT MANUAL)

Hermitage Municipal Authority December 2025 Gabion Wall Repair

INVITATION TO BID 001116 - 1

RETTEW Project No.: 1010905199 Contract 2025-03

INVITATION TO BID

OWNER: Hermitage Municipal Authority

800 North Hermitage Road Hermitage, PA 16148

ENGINEER: RETTEW Associates, Inc.

One Robinson Plaza, Suite 200 Pittsburgh, PA 15205

(800) 738-8395

The Hermitage Municipal Authority will receive sealed bids online for the Gabion Wall Repair project.

Bids may be submitted and updated online until 10:00 AM on January 27, 2026. All documents and solicitation details are available any time at http://PennBid.bonfire.com.

A certified check or bid bond for the amount of 10% of the total bid shall be required. Bonds are to be issued by a surety licensed to do business in the Commonwealth of Pennsylvania.

Interested bidders need to register at the PennBID web-site. Once registered, bidders can obtain all project documents and submit and update their bids online.

Bids shall remain open for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. Bids may not be withdrawn during this period. See Instructions to Bidders for other provisions on the time available for acceptance of Bids. All Bidders must bid on all items listed on the Bid Form. The successful Bidder shall be required to furnish performance and payment bonds in the amount of 100% of the Contract Price. The successful Bidder shall substantially complete the project within 180 calendar days of receipt of the Notice to Proceed.

This contract is subject to the following: the Pennsylvania Prevailing Wage Act conditions; the Federal Occupational Safety and Health Act of 1970 (OSHA) conditions; the Pennsylvania Act 229 of 2002; the Pennsylvania One Call Act, also known as the Underground Utility Line Protection Law, Act 287 of 1974, as amended; the Pennsylvania Human Relations Act 222 Conditions; and the non-discrimination in Employment/Contract Compliance Regulations Conditions; requirement of a Non-Collusion/Sexual Harassment Affidavit; and the Pennsylvania Public Works Employment Verification Act, 43 P.S. 167.1- 167.11.

The Hermitage Municipal Authority reserves the right to accept or reject any or all Bids.

HERMITAGE MUNICIPAL AUTHORITY

Wayne E. Covert Manager http://pennbid.bonfire.com/

INSTRUCTIONS TO BIDDERS 002113-1

INSTRUCTIONS TO BIDDERS

I-1 DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition) have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

I.1.1 "Bidder" - one who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a Bidder. Bidder must complete a minimum of fifty (50) percent of the work on a Project with its own forces.

I.1.2 "Successful Bidder" - the lowest, qualified, responsible and responsive Bidder to whom

OWNER, on the basis of OWNER'S evaluation as hereinafter provided, makes an award.

I.1.3 “Contract Documents: - includes the Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Forms, Specifications, including all Addenda issued prior to receipt of Bids.

I.1.4 "Issuing Office" - the office from which the Contract Documents are to be issued and where the bidding procedures are to be administered.

I-2 COPIES OF CONTRACT DOCUMENTS

I.2.1 Interested bidders need to register at the PennBID website. Once registered, bidders can obtain all project documents and submit and update their bids online.

I.2.2 Complete sets of Contract Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

I.2.3 OWNER and ENGINEER in making copies of Contract Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

I-3 QUALIFICATIONS OF BIDDERS

I.3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five days after Bid opening upon OWNER'S request, all that information as

OWNER requires in determining the successful Bidder. Consideration will be given to, but will not be limited to, the following conditions.

Whether the Bidder:

I.3.1.a Maintains a permanent place of business;

I.3.1.b Has adequate equipment to do the Work properly and expeditiously;

I.3.1.c Has suitable financial status to meet obligations incident to the Work;

I.3.1.d Has had experience on Projects of similar character and magnitude;

I.3.1.e Has qualification to do business in the state where the Project is located;

INSTRUCTIONS TO BIDDERS 002113-2

I.3.1.f The amount of other work to which the Bidder is committed may also be considered.

I.3.2 The ENGINEER may require the Bidder to furnish written evidence of the foregoing.

I.3.3 No Bid will be accepted from anyone who is in arrears to the OWNER upon debt or contract, or who is a defaulter on surety or otherwise upon any obligations, or whose work heretofore has been unsatisfactory or dilatory.

I-4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

I.4.1 It is the responsibility of each Bidder before submitting a Bid:

I.4.1.a To examine thoroughly the Contract Documents and other related data identified in the Document (including "technical data" referred to below);

I.4.1.b To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the

Work;

I.4.1.c To consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work;

I.4.1.d To study and carefully correlate Bidder's knowledge and observations with the

Contract Documents, and such other related data; and

I.4.1.e To promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents, and other such related documents; and

I.4.1.f To attend any pre-bid conference as noted or required in the Invitation to Bid.

I.4.2 Reference is made to the Supplementary Conditions for identification of:

I.4.2.a Those reports of explorations and tests of subsurface conditions at the site which have been utilized by ENGINEER in preparation of the Contract Documents.

Bidder may rely upon accuracy of the "technical data" contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction.

I.4.2.b Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except underground facilities) which are at or contiguous to the site which have been utilized by ENGINEER in preparation of the Contract

Documents. Bidder may rely upon the accuracy of the "technical data" contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Bidder is responsible for any interpretation or conclusions drawn from any "technical data" or any such data, interpretations, opinions or information.

I.4.3 Information and data shown or indicated in the Contract Documents with respect to existing underground facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such underground facilities or others, and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressively provided otherwise in the Supplementary

Conditions.

INSTRUCTIONS TO BIDDERS 002113-3

I.4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective

Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in

Paragraphs 4.02, 4.03 and 4.04 of the General Conditions.

I.4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional or supplementary examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions

(surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which

Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

I.4.6 On advance request, OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies.

I.4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of Work that is to be performed at the site by OWNER or others that relates to the

Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents available to OWNER (other than portions thereof related to price) for such Work.

I.4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article 4, that without exception the

Bid is premised upon performing and furnishing the Work required by the Contract

Documents and applying the specific means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by the ENGINEER is acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work.

I.4.9 The provisions of Paragraphs I-4.1 through 4.8 inclusive, do not apply to asbestos, polychlorinated biphenyls (PCBs), petroleum, hazardous waste or radioactive material covered by Paragraph 4.06 of the General Conditions.

I-5 AVAILABILITY OF LANDS FOR WORKS, ETC.

I.5.1 The lands upon which Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by

CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the

Contract Documents.

INSTRUCTIONS TO BIDDERS 002113-4

I-6 INTERPRETATIONS AND ADDENDA

I.6.1 All questions about the meaning or intent of the Contract Documents are to be directed to

ENGINEER through the PennBID website and interface. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued through the PennBID website to all parties recorded by ENGINEER as having received the Contract

Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

I.6.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by

OWNER or ENGINEER.

I.6.3 Bidders are responsible for determining that they have received all Addenda issued.

I-7 BID SECURITY

I.7.1 Each Bid must be accompanied by Bid Security made payable to OWNER in an amount of

10 percent of the Bidder's maximum Bid price, unless otherwise modified in the Invitation to Bid, and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions.

I.7.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within

15 calendar days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom

OWNER believes to have a reasonable chance of receiving the award may be retained by the OWNER until the earlier of the seventh day after the effective date of Agreement or the sixtieth day after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven calendar days after the Bid opening. Bid securities that are forfeited will be paid to the

OWNER as liquidated damages.

I-8 CONTRACT TIME

I.8.1 The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement.

I-9 LIQUIDATED DAMAGES

I.9.1 Provisions for liquidated damages, if any, are set forth in the Agreement and Supplementary Conditions.

I-10 SUBSTITUTE OR "OR-EQUIVALENT" ITEMS

I.10.1 The Contract, if awarded, will be on the basis of materials and equipment described in the

Drawings or specified in the Specifications. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, Contractor shall either include such substitutes with his bid or submit application for such after the Effective Date of the Agreement. In either case, the acceptability of such substitute or “or equal” product will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by

Engineer is set forth in the General Conditions and may be supplemented in the General

INSTRUCTIONS TO BIDDERS 002113-5

Requirements. If a substitute or “or equal” item is not deemed acceptable by the Engineer, Contractor shall furnish one of the named brand items in the specifications at no additional cost.

I-11 SUBCONTRACTORS, SUPPLIERS AND OTHERS

I.11.1 Qualifications of Subcontractors, Suppliers and others, if any, are set forth in the Supplementary Conditions.

I-12 BID FORM

I.12.1 The Bid Form is available via PennBid’s “Bid” tab.

I-13 SUBMISSION OF BIDS

I.13.1 Sealed Bids shall be submitted online via the PennBid. Program

(http://pennbid.bonfirehub.com) no later than the time and date indicated in the Invitation to Bid.

I.13.2 Bids shall include the following documents; Bid Security, Bid Form Certification, Non- Collusion Affidavit, Non-Discrimination/Sexual Harassment Affidavit, and Public Works Employment Verification Form.

I.13.3 OWNER may consider informal any Bid not prepared and submitted in accordance with the provisions hereof.

I.13.4 Bidders are cautioned that it is the responsibility of each individual bidder to assure that their bid is properly submitted prior to the stated time and at the place of the Bid Opening.

OWNER is not responsible for bids delays of any nature.

I.13.5 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced.

I-14 MODIFICATION AND WITHDRAWAL OF BIDS

I.14.1 Bids may be modified or withdrawn at any time prior to the opening of Bids.

I.14.2 Pennsylvania State Requirements:

I.14.2.a. If a Bidder elects to request the withdrawal of its Bid under and pursuant to the provision of the Public Contract Bid Withdrawal Law, as it may be amended from time to time, the rights and obligations of all parties shall be set forth in said Act and the procedure to be followed shall be as provided in said Act, the provisions of which are incorporated herein by reference.

I.15.2.b. Unless otherwise provided by state law, if within two business days after the opening of bids, any Bidder files a duly signed written notice with the OWNER and submits credible evidence that demonstrates to the reasonable satisfaction of the OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid.

I.14.3 Any Bid received after the time and date specified shall not be considered.

I-15 OPENING OF BIDS

I.15.1 Bids will be opened and tabulated through the PennBID website and interface.

I-16 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

I.16.1 Bids shall remain open for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the http://pennbid.bonfirehub.com/

INSTRUCTIONS TO BIDDERS 002113-6

award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. The OWNER will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty-day extensions of the date for the award may be made by the mutual written consent of the

OWNER and the apparent Successful Bidder.

I-17 AWARD OF CONTRACT

I.17.1 OWNER reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate Contract terms with the Successful Bidder.

I.17.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

I.17.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantee of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice to Award.

I.17.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of the Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to

Perform and furnish the Work in accordance with the Contract Documents to OWNER’s satisfaction within the prescribed time.

I.17.5 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project.

I.17.6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of

Award within 60 calendar days or as otherwise stipulated in the Invitation to Bid, after the day of the Bid opening.

I-18 CONTRACT SECURITY

I.18.1 Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth

OWNER'S requirements as to Performance, Payment and other Bonds. When the

Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required Performance and Payment Bonds as applicable.

I-19 SIGNING OF AGREEMENT

I.19.1 When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written

Contract Documents attached. Within 15 days of the Notice to Proceed thereafter

CONTRACTOR shall sign and deliver the required number of counterparts of the

Agreement and the attached documents to OWNER with the required Bonds. Thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR.

INSTRUCTIONS TO BIDDERS 002113-7

I-20 SALES AND USE TAX

I.20.1 OWNER may be exempt from certain sales or use taxes. CONTRACTOR shall verify the status of OWNER, and OWNER will supply CONTRACTOR with certain exemption certificates upon request and OWNER will execute exemption certificates presented by

CONTRACTOR upon request.

I-21 RETAINAGE

I.21.1 Provisions concerning retainage and CONTRACTOR'S rights to deposit securities in lieu of retainage are set forth in the Agreement and the Supplementary Conditions.

I-22 NON-COLLUSION

I.22.1 All Bidders are required to complete a Non-Collusion Affidavit. This affidavit may be required on all projects involving public funding as provided in Section 7 of the

Pennsylvania Anti-Bid-Rigging Act. The Non-Collusion Affidavit must be submitted with the Bid.

I-23 SAFETY AND HEALTH REGULATIONS

I.23.1 This Project is subject to the safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974 and CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as

Applicable to Construction.

I.23.2 The Successful Bidder shall comply with the Department of Labor Safety and Health

Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety

Standards Act (PL-91-54).

I-24 MANUFACTURER’S EXPERIENCE

I.24.1 Wherever it may be written that an equipment manufacturer must have a specified period of experience with its product, equipment which does not meet the specified experience period can be considered if the equipment supplier or manufacturer is willing to provide a bond or cash deposit for the duration of the specified time period which will guarantee replacement of that equipment in the event of failure. Such bond shall be an Efficiency

Guarantee Bond, executed on forms to be approved by the OWNER.

I-25 ACCESS TO WORK

I.25.1 Representatives of the OWNER, State, and any local agencies having a direct interest in the Work shall have access to the Work wherever it is in preparation or progress and the

CONTRACTOR shall provide proper facilities for such access and inspection.

I-26 WAGE RATES

I.26.1 Minimum wage rates as determined by the Commonwealth of Pennsylvania, Department of Labor and Industry, Prevailing Wage Division, shall apply to this Project. It is the responsibility of the CONTRACTOR, before Bid Opening, to request if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed Work under this Contract.

I-27 PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

I.27.1 The Contractor and its Subcontractor(s) shall comply with the Public Works Employment

Verification Act, which was effective January 1, 2013. The Contractor shall submit with its bid as set forth a fully-executed Public Works Employment Verification form

INSTRUCTIONS TO BIDDERS 002113-8

acknowledging its responsibilities under and compliance with the Act. A blank form is attached hereto.

Prior to Commencing work on the Project, any Subcontractor shall provide the Owner with the attached Verification form acknowledging its responsibilities and its compliance with the Act.

The Contractor and any and all Subcontractors shall participate in the E-Verify Program operated by the Department of Homeland Security, and shall, subject to the Federal law governing the use of the E-Verify Program, use the E-Verify Program to verify employment eligibility of each new employee. In conducting the verification required by the Act, the

Contractor and Subcontractors shall not discriminate against an employee on the basis of race, ethnicity, color or national origin.

Contracts between a contractor and its subcontractors and between a subcontractor and its subcontractors shall contain information about the requirements of this Act.

END OF SECTION

BID FORM 004110 - 1

BID FORM

Project Identification: Contract 2025-03

RETTEW Project No.: 1010905199

Name of Bidder:

This Bid is submitted to: Hermitage Municipal Authority 800 North Hermitage Road

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security.

This Bid will remain subject to acceptance for 60 days after the day of Bid opening unless award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant or grants, in which case this Bid shall remain subject to acceptance for 120 days after the bid opening date as provided by the Act of November 26, 1978 (P.L.

1309, No. 317), as amended by the Act of December 12, 1994 (P.L. 1042, No. 142). Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER'S Notice of Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

a. Bidder has examined and carefully studied the Contract Documents and the following Addenda receipt of all which is hereby acknowledged:

b. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work.

c. Bidder is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work.

d. If applicable, Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) that have been identified in the Supplementary Conditions as referenced in Article 4 of the General Conditions.

Bidder accepts the determination set forth in Paragraph SC-4.02 of the

BID FORM 004110 - 2

Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in Article 4 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise that may affect cost, progress, performance or furnishing of the Work or that may relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.

e. Bidder is aware of the general nature of the Work to be performed by OWNER and others at the site that relates to work for which this Bid is submitted as indicated in the Contract Documents.

f. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

g. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

h. This Bid is genuine and not made in the interest of or on the behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. Bidder is aware that they must complete a minimum of fifty (50) percent of the work on the project with its own forces.

4. Bidder will complete the Work in accordance with the Contract Documents for the prices entered into the electronic Bid Form on the PennBID website, which is located under the “Bid” tab. (The electronic Bid Form may be downloaded and printed for the Bidder’s use.)

The unit price summation is identified as:

BID FORM 004110 - 3

CONTRACT NO. HMA 2025-03

TOTAL LUMP SUM BID SUMMATION: (figures)

Dollars and Cents (written)

5. Bidder agrees that the Work will be substantially complete within 120 calendar days after the date when the contract time commences to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment within 30 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

6. The following documents shall be submitted with the Bid on the PennBID website:

a. Bid Form Certification, Non-Collusion Affidavit; Workmen’s Compensation

Affidavit; Non-Discrimination Affidavit; and Public Works Employment Verification

7. The following original documents shall be completed by the apparent low bidder within 48 hours of bid opening and hard copies delivered to the ENGINEER:

a. Required Bid Security; Bid Form Certification, Non-Collusion Affidavit;

Workmen’s Compensation Affidavit; Non-Discrimination Affidavit; and Public Works Employment Verification.

8. Communications concerning this Bid shall be addressed to the address of Bidder indicated below or the following address:

9. The terms used in this Bid that are defined in the General Conditions or Instructions will have the meanings assigned to them in the General Conditions or Instructions.

BID FORM 004110 - 4

SUBMITTED on .

If Bidder is:

An Individual

By: (SEAL)

(INDIVIDUAL’S NAME)

doing business as Business Address:

Phone No.:

A Partnership

By: (SEAL)

(FIRM’S NAME)

(GENERAL PARTNER)

Business Address:

Phone No.:

A Corporation

By: (SEAL)

(CORPORATION’S NAME)

(STATE OF INCORPORATION)

By: (SEAL)

(NAME OF PERSON AUTHORIZED TO SIGN)

(TITLE)

(Corporate Seal)

Attest:

(SECRETARY)

Business Address:

Phone No.:

BID FORM 004110 - 5

A Joint Venture

By: (SEAL)

(NAME)

(ADDRESS)

By: (SEAL)

(NAME)

(ADDRESS)

Phone Number and Address for Receipt of Official Communications.

(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.)

NON-COLLUSION AFFIDAVIT 004500-1

NON-COLLUSION AFFIDAVIT

State of :

: SS

County of :

I state that I am of , and that I am authorized to make (Title) (Name of My Firm) this Affidavit on behalf of my firm, and its owners, directors and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

1. The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

2. Neither the price(s) nor the amount of this Bid, and neither the approximate price(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before Bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this Contract, or to submit a bid higher than this Bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. The Bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

5. , its affiliates, subsidiaries, officers, directors and employees are not (Name of My Firm) currently under investigation by any governmental agency and have not in the last 3 years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion* with respect to bidding on any public contract, except as follows:

I state that understands and acknowledges that the above representations (Name of My Firm) are material and important, and will be relied on by in awarding the (Name of Public Entity) contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement of this affidavit is and shall be treated as fraudulent concealment from of the true facts relating to submission of bids for this contract.

(Name of Public Entity)

(Name and Company Position)

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 .

Notary Public My Commission Expires: ________________________

* Involvement in this activity does not prohibit the from accepting this bid or awarding a contract; but this may be a ground for determining whether the should decide to award a contract based on a lack of responsibility.

NON-COLLUSION AFFIDAVIT 004500-2

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this Bid.

According to the Pennsylvania Antibid-Rigging Act, 73 P.S. § 1611 et seq, governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the

Bidder who makes the final decision on prices and the amount quoted in the Bid.

3. Bid rigging and other efforts to restrain competition, and making of false sworn statements in connection with the submission of Bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure themselves that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the Bidder with responsibilities for the preparation, approval or submission of the Bid.

4. In the case of a Bid submitted by a joint venture, each party to the venture must be identified in the Bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "Complementary Bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the Bid.

WORKER’S COMPENSATION AFFIDAVIT

STATE OF )

( ss

COUNTY OF )

being duly sworn according to law deposes and says that they have accepted the provisions of the Worker's Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and have insured their liability thereunder in accordance with the terms of said Act with .

(SURETY COMPANY)

Contractor (type or print name)

By:

Signature

Sworn to and subscribed before me this day of .

Notary Public

My Commission Expires:

NON-DISCRIMINATION AFFIDAVIT 004533-1

NON-DISCRIMINATION AFFIDAVIT

State of :

: SS

County of :

I state that I am of , (Contractor) and that I am authorized (Title) (Name of My Firm) to make this Affidavit on behalf of my firm, and its owners, directors and officers.

Contractor agrees that:

1. In the hiring of employees for the performance of work under the contract or any subcontractor, no contractor, subcontractor or any 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.

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 contract on account of gender, race, creed or color.

3. The contract may be canceled or terminated by the OWNER/ENGINEER, 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.

I understand and my firm understands that any misstatement of this affidavit is and shall be treated as fraudulent concealment of the truth relating to submission of bids for this contract.

(Name and Company Position)

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 .

Notary Public My Commission Expires: ________________________

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date

Business or Organization Name (Employer)

Address

City State Zip Code

Contractor

Subcontractor (check one)

Contracting Public Body Hermitage Municipal Authority

Contract/Project No 1010905199

Project Description Gabion Wall Repair

Project Location City of Hermitage, Mercer County, Hermitage, Pennsylvania

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 employees 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

AGREEMENT 005200-1

AGREEMENT

This Agreement is dated as of the day of in the year by and between the Hermitage

Municipal Authority (hereinafter called OWNER) and (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Contract No.: 2025-03

Project Name: Gabion Wall Repair

1. Description: Repair and replacement of an existing gabion wall for streambank stabilization, erosion and sedimentation controls.

Article 2. ENGINEER

The project has been designed by RETTEW Associates, Inc., 330 Innovation Blvd., Suite 104, State

College, PA 16803 who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in Contract

Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIME

3.1 The Work will be substantially completed within 120 days from the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Article 14 of the General Conditions within 30 days from the date of

Substantial Completion.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this

Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the

General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time.

Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Six Hundred Seventy-Five dollars ($675.00) for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially complete. After substantial completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the OWNER, CONTRACTOR shall pay OWNER Three Hundred Seventy-Five dollars

($375.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment.

AGREEMENT 005200-2

Article 4. CONTRACT PRICE

4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract

Documents in current funds as indicated on attached Bid Form, in the amount of _________________.

Article 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Application for Payment in accordance with Article 14 of the General

Conditions. Applications for Payment will be processed by ENGINEER as provided in the General

5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Article 2 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

5.1.1 Prior to substantial completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Article

14 of the General Conditions.

OWNER may retain 10 percent of the amount of all progress payment due until 50 percent of the Work has been completed. When the contract is 50 percent completed, the CONTRACTOR may apply for a reduction in retainage. At that time, one-half of the amount retained by OWNER shall be returned to

CONTRACTOR provided that ENGINEER approves the Application for Payment, that the

CONTRACTOR is making satisfactory progress and there is no specific cause for greater withholding.

OWNER, after 50 percent of the Work has been completed, may retain 5 percent of the remaining progress payments. After substantial completion, OWNER may retain 1-1/2 times such amount as is required to complete any, then remaining, uncompleted items as certified by ENGINEER.

5.1.2. Upon substantial completion, payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 100 percent of the contract price, less than such amounts as

ENGINEER shall determine, or OWNER may withhold, in accordance with Article 14 of the General

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Article 14 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by

ENGINEER as provided in said Article 14.

Article 6. INTEREST

All money not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the project.

Article 7. CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

AGREEMENT 005200-3

7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the

Addenda listed in Paragraph 8) and the other related data…