1-IFB 2026 Penn Hills Storm Sewer Repair Contract.pdf
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- Solicitation number
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- Issued by
- Allegheny County, Philadelphia City, Pennsylvania
About this file
This is a bidding document and contract package for the Municipality of Penn Hills, Allegheny County, Pennsylvania, for the 2026 Penn Hills Storm Sewer Repair Contract. The project encompasses two primary work components: a base bid involving two storm sewer repairs in various locations within the municipality, including storm sewer line replacement, inlet removal and replacement, bituminous and concrete pavement restoration, pre- and post-repair CCTV inspections, utility coordination, traffic control, resident notification, and complete site restoration; and Add Alternate Bid No. 1 for Canaveral Street, which includes removal and replacement of an existing storm inlet with a new standard 2' x 4' inlet, CIPP lining of approximately 190 linear feet of existing 6-inch storm main, CCTV inspections, utility coordination, traffic control, and resident notification. A mandatory pre-bid meeting is scheduled for July 2, 2026, at 10:30 a.m. at the Municipal Building Council Chambers, 102 Duff Road, Pittsburgh, Pennsylvania 15235, with attendance required for bid eligibility. Electronic proposals must be submitted via PennBid before 10:30 a.m. on July 9, 2026, at which time bids will be opened publicly. The contract requires substantial completion within 60 calendar days and final completion within 88 calendar days of the notice to commence work, with liquidated damages of $500 per calendar day assessed for delays.
Bids must be accompanied by a certified check or surety bond from a Pennsylvania-authorized company equal to 10 percent of the total proposal amount. The municipality reserves the right to award the contract to the lowest qualified, responsible, and responsive bidder while considering factors including previous work quality, on-time completion history, subcontractor and supplier payment practices, permanent place of business, equipment adequacy, technical staff experience, and financial stability. Pennsylvania prevailing wage rates are required on all work. The bidding schedule includes 26 line items for the base bid covering various storm sewer point repairs, manhole and inlet installation and replacement, pavement restoration in bituminous and concrete, concrete sidewalk and driveway restoration, fence and tree removal, CCTV inspections, crew time, mobilization, traffic control, and a lump sum for Nelbon Avenue shed removal, plus a lump sum add alternate for Canaveral Street. Unit prices and lump sum pricing must be submitted by bidders for evaluation. The municipality reserves the right to increase or decrease listed quantities, including elimination of items entirely, without compensation adjustment. No price adjustment for material is permitted, though time adjustments due to material availability may be considered with acceptable documentation. Material submittals must be made no later than 15 days after Notice of Award, with material orders required within 10 days of approval.
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Text version
C-68014-0024
2026 PENN HILLS STORM SEWER REPAIR CONTRACT
Municipality of Penn Hills Allegheny County, Pennsylvania
BASE BID
This project involves two (2) storm sewer repairs in various locations in the Municipality of Penn Hills including, but not limited to: storm sewer line replacement; inlet removal and replacement; bituminous pavement restoration; concrete driveway restoration; pre-repair and post-repair CCTV; utility coordination and protection; traffic control and resident notification;
and site access and restoration of all disturbed areas, complete in place.
ADD ALTERNATE BID NO. 1 – CANAVERAL STREET
This project involves the removal of an existing storm inlet and its replacement with a new standard 2’ x 4’ storm inlet, CIPP lining of approximately 190 L.F. of existing 6” storm main, pre-repair and post-repair CCTV; utility coordination and protection; traffic control and resident notification; and site access and restoration of all disturbed areas, complete in place.
C O
N T
R A
C T
D O
C U
M E
N T
S
MANDATORY Pre-Bid Date: July 2, 2026
MANDATORY Pre-Bid Time: 10:30 am
Pre-bid Meeting Location: 102 Duff Road, Pittsburgh, PA 15235
Bid Opening Date: July 9, 2026
Bid Opening Time: 10:30 am
P R E P A R E D F O R
Municipality of Penn Hills 102 Duff Road Pittsburgh, PA 15235
P R E P A R E D B Y
The Gateway Engineers, Inc.
100 McMorris Road
Pittsburgh, PA 15205
412.921.4030 PHONE
412.921.9960 FAX
www.gatewayengineers.com http://www.gatewayengineers.com/
Project Directory Copyright © 2026 The Gateway Engineers, Inc. All rights reserved.
00002-1
Project Directory
OWNER: Municipality of Penn Hills
Director of Public Works: Scott Shepard
6600 Leechburg Road
Verona, PA 15147
Phone: 412-798-2151
Fax: 412-342-0029
ENGINEER: The Gateway Engineers, Inc.
Project Manager: Adam W. Gephart
100 McMorris Road
Pittsburgh, PA 15205
Phone: 412-409-3504
Fax: 412-921-9960
TABLE OF CONTENTS
00010-1
DIVISION 0 - BIDDING DOCUMENTS AND CONTRACT
00001 – Project Title Page
00002 – Project Directory
00010 – Table of Contents
00100 – Notice to Bidders
00110 – Bid Form and Proposal
00115 – Statement of Bidder’s Qualifications
00130 – Bid Bond
00180 – Non-Collusion Affidavit
00190 – Public Works Employment Verification Form
00200 – Instructions to Bidders
00490 – Addendum
00510 – Notice of Award
00520 – Agreement
00550 – Notice to Proceed
00605 – Certificate of Insurance
00610 – Performance Bond
00615 – Payment Bond
00620 – Application for Payment
00700 – General Conditions
00800 – Supplementary Conditions
00830 – Prevailing Minimum Wage Determination
00940 – Work Change Directive
00941 – Change Order
00942 – Field Order
DIVISION 1 – GENERAL REQUIREMENTS
01100 – Summary
01110 – General Specifications
01250 – Contract Modification Procedures
01270 – Unit Prices
01290 – Payment Procedures
01310 – Project Management and Coordination
01320 – Construction Progress Documentation
01322 – Photographic Documentation
01330 – Submittal Procedures
01510 – Traffic Control and Resident Notifications
01770 – Closeout Procedures
00010-2
DIVISION 2 – SITE CONSTRUCTION
02080 – Piped Utilities Materials and Methods
02240 – Dewatering
02300 – Earthwork
02310 – Trench Excavation and Backfill for Sewers and Utilities
02531 – Storm Sewer CCTV Inspections
02532 – Cured-in-Place (CIPP) Sewer Lining
02630 – Storm Drainage
02741 – Asphalt Paving
02743 – Driveway Restoration Requirements
02751 – Cement Concrete Pavement
02920 – Site Restoration
ATTACHMENTS
Site Location Maps
Type M Inlet and Grate
Pittsburgh Style Inlet Conversion
MPT Figures for Local Roads
Penn Hills Form of Contractor’s Certificate and Release
Penn Hills Request for Payment Form
Penn Hills Statement of Surety Company
Notice to Bidders
00100 - 1
NOTICE TO BIDDERS
MUNICIPALITY OF PENN HILLS
ALLEGHENY COUNTY, PENNSYLVANIA
Sealed Proposals will be received by the Municipality of Penn Hills through PennBid until
10:30 a.m. prevailing time on Thursday, July 9, 2026 for the
PENN HILLS 2026 STORM SEWER REPAIR CONTRACT
This project involves three (3) storm sewer repairs within the Municipality.
There will be a 2026 Penn Hills Storm Sewer Repair MANDATORY pre-bid meeting on July 2, 2026 at 10:30 AM. at the Municipality of Penn Hills, 102 Duff Road, Penn Hills, PA 15235.
Contractors who intend to bid MUST attend the pre-bid meeting to be eligible to bid the contract.
All information, full notice to bidders, and other documents related to this solicitation are available at no cost on the PennBid site (www.PennBid.net).
All proposals must be submitted electronically via PennBid (www.PennBid.net), before
10:30 a.m. prevailing time on Thursday, July 9, 2026. At that time, bids will be opened with results displayed publicly on PennBid.
No calls please.
By: Diane Fitzhenry
Acting Manager
Dates of Publication
June 18, 2026
June 25, 2026 http://www.pennbid.net/
Notice to Bidders
00100 - 1
NOTICE TO BIDDERS
ALLEGHENY COUNTY, PENNSYLVANIA
Sealed Proposals will be received by the Municipality of Penn Hills through PennBid until 10:30 a.m.
prevailing time on Thursday, July 9, 2026 for the following:
BASE BID
This project involves two (2) storm sewer repairs in various locations in the Municipality of Penn Hills including, but not limited to: storm sewer line replacement; inlet removal and replacement; bituminous pavement restoration; concrete driveway restoration; pre-repair and post-repair CCTV; utility coordination and protection; traffic control and resident notification; and site access and restoration of all disturbed areas, complete in place.
ADD ALTERNATE BID NO. 1 – CANAVERAL STREET
This project involves the removal of an existing storm inlet and its replacement with a new standard 2’ x 4’ storm inlet, CIPP lining of approximately 190 L.F. of existing 6” storm main, pre-repair and post-repair CCTV;
utility coordination and protection; traffic control and resident notification; and site access and restoration of all disturbed areas, complete in place.
All proposals must be submitted electronically via PennBid (www.PennBid.net), before 10:30 a.m. prevailing time on Thursday, July 9, 2026. At that time, bids will be opened with results displayed publicly on PennBid.
There will be a Mandatory Pre-Bid Meeting on July 2, 2026 at 10:30 a.m. at the Municipal Building Council
Chambers, 102 Duff Road, Pittsburgh, PA 15235. All Contractors who intend to bid must attend in order for their bid to be considered as responsive.
Pennsylvania Prevailing wage rates are required to be paid on this contract.
All plans, specifications, and other documents related to this solicitation are available at no cost on the
PennBid site (www.PennBid.net).
Bids must be accompanied by a Certified Check or Bidder's Bond from a Surety Company authorized to do business in Pennsylvania, made to the order of Municipality of Penn Hills, Allegheny County, Pennsylvania in an amount equal to ten (10) percent of the total amount of the Proposal.
Bids shall be valid for sixty (60) days beyond the time of bid opening.
The Municipality of Penn Hills, Pennsylvania reserves the right to waive any formalities or to reject any or all
Proposals.
By: Diane Fitzhenry
Acting Manager
Dates of Publication
June 18, 2026
June 25, 2026
00110 BID FORM AND PROPOSAL
00110 – 1
C-68014-0024 Proposal From_______________________
BID FORM AND PROPOSAL
ARTICLE 1 – BID RECIPIENT
This Bid is submitted to: Municipality of Penn Hills
102 Duff Road
Penn Hills, PA 15235-0029
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with
Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.
ARTICLE 2 – PROPOSAL FOR:
BASE BID
This project involves two (2) storm sewer repairs in various locations in the Municipality of Penn Hills including, but not limited to: storm sewer line replacement; inlet removal and replacement; bituminous pavement restoration; concrete driveway restoration; pre-repair and post-repair CCTV; utility coordination and protection; traffic control and resident notification; and site access and restoration of all disturbed areas, complete in place.
ADD ALTERNATE BID NO. 1 – CANAVERAL STREET
This project involves the removal of an existing storm inlet and its replacement with a new standard 2’ x
4’ storm inlet, CIPP lining of approximately 190 L.F. of existing 6” storm main, pre-repair and post-repair CCTV; utility coordination and protection; traffic control and resident notification; and site access and restoration of all disturbed areas, complete in place.
ARTICLE 3 – TIME OF COMPLETION
Bidder agrees that the Work will be substantially complete within sixty (60) calendar days after the date when the Contract Times commence to run as provided in Article 4 of the General Conditions, and will be completed and ready for final payment in accordance with Article 15 of the General Conditions within eighty-eight (88) calendar days after the date when the Contract Times commence to run or liquidated damages in the amount of five hundred dollars ($500.00) per calendar day will be charged. As actual damages for any delay in completion are impossible of determination, the Contractor and his/her sureties shall be liable for and shall pay to the Municipality of Penn Hills the sum of five hundred dollars
($500.00) as fixed, agreed, and liquidated damages for each business day of delay until the work is complete and accepted. Such liquidated damages are intended to represent actual damages and are not intended as a penalty. Contractor shall pay to Owner without limiting Owner’s right to terminate this
Agreement for default as provided elsewhere herein.
Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times.
00110 – 2
ARTICLE 4 – BASIS OF BID
Bidder will complete the Work in accordance with the Contract Documents for the following price(s):
BIDDING SCHEDULE
BASE BID
Item
No.
Description Unit Quantity Unit Price Amount
8”- 15” Storm Sewer Point Repair– (All
Conditions, All Depths), complete in place
L.F. 180 $_________ $_________
18”- 24” Storm Sewer Point Repair–
(All Conditions, All Depths), complete in place
L.F. 30 $_________ $_________
26”- 36” Storm Sewer Point Repair–
(All Conditions, All Depths), complete in place
L.F 12 $_________ $_________
Removal and Replacement of Existing
Storm Manholes 0’-8’ in depth, complete in place
EA. 2 $_________ $_________
Removal and Replacement of Existing
Storm Manholes, Over 8’ in depth, complete in place
V.F. 8 $_________ $_________
Installation of New Standard Pre-Cast
Storm Manholes, 0’-8’ in depth, complete in place
EA. 1 $_________ $_________
Installation of New Standard Pre-Cast
Storm Manholes, Over 8’ in depth, complete in place
V.F. 2 $_________ $_________
Removal of Existing Storm Inlet and
Replacement with New Standard 2’x4’
Storm Inlet, 0’-8’ in depth, complete in place
EA. 2 $_________ $_________
Removal of Existing Storm Inlet and
Replacement with New Standard 2’x4’
Storm Inlet, Over 8’ in depth, complete in place
V.F. 2 $_________ $_________
Installation of New Standard 2’x4’
Storm Inlet, 0’-8’ in depth, complete in place
EA. 1 $_________ $_________
Installation of New Standard 2’x4 Storm
Inlet, Over 8’ in depth, complete in place V.F. 1 $_________ $_________
Storm Manhole Frame and Lid
Replacement, complete in place.
EA. 1 $_________ $_________
Trench Repaving – Bituminous Street, complete in place S.Y. 40 $_________ $_________
00110 – 3
Item
No.
Description Unit Quantity Unit Price Amount
Bituminous Driveway Restoration, complete in place S.Y. 40 $_________ $_________
Trench Repaving – Concrete Street, complete in place S.Y. 150 $_________ $_________
Concrete Sidewalk Restoration, complete in place S.F. 40 $_________ $_________
Concrete Driveway Restoration, complete in place S.F. 1200 $_________ $_________
Fence Removal and Replacement, complete in place L.F. 20 $_________ $_________
Removal of Existing Tree, up to 18” in
Diameter, complete in place
EA. 1 $_________ $_________
Pre-CCTV Repair Location
Determination, complete in place
EA. 6 $_________ $_________
Post Repair Storm Sewer Inspections and Light Cleaning, complete in place L.F. 320 $_________ $_________
22 Crew Time, complete in place HR. 3 $_________ $_________
Emergency Mobilization, complete in place
EA. 1 $_________ $_________
Repair Site Mobilization and Resident
Notification, complete in place
EA. 6 $_________ $_________
Traffic Control in Accordance with
PennDOT Standards, Complete in place
EA. 6 $_________ $_________
Nelbon Ave. Repair – Shed Removal and Replacement, complete in place L.S 1 $_________
27 Add Alternate No. 1 - Canaveral Street L.S 1 $_________
BASE BID TOTAL (In Numerals): $ ______________________________________
00110 – 4
The Municipality shall award the contract to the lowest qualified, responsible, and responsive Bidder whose Bid meets the requirements and criteria set forth in these Specifications unless all bids are rejected, or the lowest responsible and responsive Bidder is allowed to withdraw his or her bid upon compliance with the Public Contract Bid Withdrawal Law. The Municipality retains the right to award the contract after consideration of the following: quality of previous work performed in the Municipality, the
Contractor’s record of completing projects on time, the Contractor’s history of payments to subcontractors and suppliers, the maintenance of a permanent place of business, the adequacy of equipment and plant to perform the work, the technical experience of the Contractor’s staff, a proven solid financial base to guarantee contract completion and any and all other factors deemed relative by the
Municipality.
The Bidder acknowledges that each Lump Sum Price includes an amount considered by the Bidder to be adequate to cover the overhead and profit for each separately identified item.
In addition, the Bidder acknowledges that the Municipality reserves the right to increase or decrease listed quantities (including elimination of quantities in their entirety) without consideration for recovery of any or all direct or indirect costs associated with the adjusted or eliminated quantity subject to all applicable
Sections of this Document.
All specified cash allowances are included in the price(s) set forth above and have been computed in accordance with Paragraph 13 of the General Conditions.
Unit Prices have been computed in accordance with Paragraph 13.03 of the General Conditions.
Bids will only be accepted from Bidders who attended the Mandatory Pre-bid Meeting on July 2, 2026 at
10:30 a.m.
A price adjustment for material will not be permitted. Contractors shall include all costs necessary to complete the project in accordance with the Contract Documents by the listed date of final completion in their total bid price. A time adjustment due to material availability may be considered by the Owner upon submittal of acceptable documentation by the Contractor. Contractors shall note the material submittals shall be made no later than fifteen (15) days after Notice of Award (NOA). Material shall be ordered no later than ten (10) days after submittal approval.
Payments for “stored materials” including deposits or conditional payments required by Suppliers will not be considered for payment. All work must be “complete in place” for payment consideration.
The Municipality of Penn Hills reserves the right to withhold the awarding of the bids on this project for a period of sixty (60) days.
ARTICLE 5 – BIDDER'S ACKNOWLEDGEMENTS
Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety
(90) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of the Municipality.
The Surety for the apparent Low Bidder shall supply a notarized statement that they will provide all required bonding in the event that the apparent Low Bidder is more than fifteen (15%) percent lower than the apparent Second Low Bidder. This statement shall be supplied prior to Notice of Award. All other bidding conditions shall apply in the event the Surety will not supply such statement.
00110 – 5
Bidder accepts that after two visits related to failed quality tests, the engineering fees associated with excessive site visits and coordination related to repeated testing shall be paid by the contractor. The fees will be deducted from the contractor on the next payment application.
ARTICLE 6 – BIDDER'S REPRESENTATIONS
In submitting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.
B. Addendum No. Addendum Date
C. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Specific Site Conditions that may affect cost, progress, and performance of the Work.
D. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.
F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the
Bidding Documents.
I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by
Engineer is acceptable to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.
K. Bidder will submit written evidence of its authority to do business in the state where the
Project is located not later than the date of its execution of the Agreement.
00110 – 6
L. All notices, demands, requests, instructions, approvals, proposals, and claims must be in writing.
ARTICLE 7 – FURTHER REPRESENTATIONS
Bidder further represents that:
A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation.
B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and
D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.
ARTICLE 8 – ATTACHMENTS TO THIS BID
The following documents are attached to and made a condition of this Bid:
A. Required Bid security in the form of a Certified Check or Surety Company Bond in the amount of ten (10%) percent in favor of the Municipality of Penn Hills, as a proposal deposit which, it is understood, will be forfeited in case of failure to comply with the requirements and provisions of this proposal.
B. List of Proposed Subcontractors
C. List of Proposed Suppliers
D. Non-Collusion Affidavit
E. Public Works Employment Verification Form
F. Penn Hills Statement of Bidders Qualifications
ARTICLE 9 – DEFINED TERMS
The terms used in this Bid with initial capital letters have meanings stated in the Instruction to Bidders, the General Conditions, and the Supplementary Conditions.
00110 – 7
ARTICLE 10 – BID SUBMITTAL
This Bid submitted by: _________________________________________________________________
If Bidder is:
An Individual
Name (typed or printed): _____________________________________________________
By: ______________________________________________________________ (SEAL)
(Individual’s signature)
Doing business as: __________________________________________________________
A Partnership
Partnership Name: __________________________________________________ (SEAL)
By: ______________________________________________________________________
(Signature of general partner)
Name (typed or printed): _____________________________________________________
A Corporation
Corporation Name: __________________________________________________ (SEAL)
State of Incorporation: _________________________________
Type (General Business, Professional, Service, Limited Liability): _____________________
By: _______________________________________________
(Signature)
Name (typed or printed): ______________________________
Title: _____________________________________________ (CORPORATE SEAL)
Attest _____________________________________________
Date of Authorization to do business in _________________________ is ____/____/____.
Bidder's Business Address _________________________________________________________
Phone No. _________________________ Fax No. _____________________________
SUBMITTED on ________________________, 20____.
PENAL SUM FORM
Bid Bond Copyright © 2017 The Gateway Engineers, Inc.. All rights reserved.
000130-1
BID BOND
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
SURETY (Name, and Address of Principal Place of Business):
OWNER (Name and Address):
BID
Bid Due Date:
Description (Project Name— Include Location):
BOND
Bond Number:
Date:
Penal sum $
(Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER SURETY
(Seal) (Seal)
Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal
By: By:
Signature Signature (Attach Power of Attorney)
Print Name Print Name
Title Title
Attest: Attest:
Signature Signature
Title Title
Note: Addresses are to be used for giving any required notice.
Provide execution by any additional parties, such as joint venturers, if necessary.
Bid Bond Copyright © 2017 The Gateway Engineers, Inc.. All rights reserved.
000130-2
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
3.2 All Bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.
Non Collusion Affidavit
000180-1
NON_COLLUSION AFFIDAVIT
Contract/Bid No._______________
State of_________________________________:
:s.s.
County of_______________________________:
I state that I am_____________________________________________________________
(Title) of________________________________________________________________________
(Name of my firm) and that I am authorized to make 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 affiliate’s subsidiaries, (Name of my firm) officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four 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:
Non Collusion Affidavit
000180-2
I state that ________________________________understands and acknowledges
(Name of my firm) that the above representations are material important, and will be relied on by
(Name of public entity) in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from ____________________________________of the true facts relating
(Name of public entity) to the submission of bids for this contract.
(Name)
(Title)
SWORN TO AND SUBSCRIBED
BEFORE ME THIS________DAY
OF____________________20____.
Notary Public My Commission Expires:
(Seal)
Public Works Employment Verification Form
Copyright © 2017 The Gateway Engineers, Inc. All rights reserved.
00190-1
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 ______________________________________________________
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
Instructions to Bidders
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INSTRUCTIONS TO BIDDERS
ARTICLE 1 – DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:
A. Issuing Office – The office from which the Bidding Documents are to be issued.
B. Successful Bidder – The lowest, qualified, responsible bidder to whom the Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.
ARTICLE 2 – COPIES OF BIDDING DOCUMENTS
2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Notice to Bidders may be obtained from the Issuing Office. The deposit is non-refundable.
2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.
2.04 During the bidding period, Bidders may be furnished with Addenda for additions to or alterations of the plans or specifications which shall be included in the work covered by the Proposal and become part of the Contract Documents. Such Addenda shall be signed by the Bidder and submitted with the Bid.
ARTICLE 3 – QUALIFICATIONS OF BIDDERS
3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five days of Owner’s request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:
A. Evidence of Bidder’s authority to do business in the state where the Project is located.
B. Bidder’s state or other contractor license number, if applicable.
C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”
3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.
3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.
3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.
3.05 If the Owner requires pre-qualification for the Project, the Bidder shall include the pre-qualification documentation for himself/herself/theirselves and his/her/their subcontractors and suppliers in the Bid documents.
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ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION
OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE
4.01 Site and Other Areas
A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.
4.02 Existing Site Conditions
A. Subsurface and Physical Conditions; Hazardous Environmental Conditions
1. The Supplementary Conditions identify:
a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.
b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).
c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.
d. Technical Data contained in such reports and drawings.
2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.
3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.
B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.
C. No claims for additional compensation will be allowed because of obstructions or conditions on the location of the work which may add to the difficulties or costs of construction, even though such obstructions or conditions are not shown on the Contract Plans. The bidder shall make his own investigation to determine all underground structures and utility lines.
D. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.
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4.03 Site Visit and Testing by Bidders
A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.
B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.
C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.
D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.
E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.
4.04 Owner’s Safety Program
A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.
4.05 Other Work at the Site
A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.
4.06 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 Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.
ARTICLE 5 – BIDDER’S REPRESENTATIONS
5.01 It is the responsibility of each Bidder before submitting a Bid to:
A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;
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B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;
C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;
D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;
E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;
F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;
G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;
H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;
I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;
and
J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.
ARTICLE 6 – PRE-BID CONFERENCE
6.01 A pre-Bid conference may be held in accordance with the requirements of the Bidding Documents and the Notice to Bidders. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.
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ARTICLE 7 – INTERPRETATIONS AND ADDENDA
7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.
ARTICLE 8 – BID SECURITY
8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 10 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.
8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.
8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.
8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.
ARTICLE 9 – CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Bid Form and in the Agreement.
ARTICLE 10 – LIQUIDATED DAMAGES
10.01 Provisions for liquidated damages, if any, for failure to timely attain Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Project Specifications and Agreement.
ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS
11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received
00200 – 6 by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.
11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.
ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS
12.01 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.
12.02 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the Work. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.
12.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities.
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