1-IFB Overlook Park Pavilion.pdf

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P R E P A R E D F O R

Borough of Whitehall

100 Borough Park Drive

Pittsburgh PA 15236

OVERLOOK PARK PAVILION

BASE BID

This project involves improvements to an existing Borough Park, including, but not limited to, site preparation, site protection, and site restoration; unclassified excavation and fine grading; concrete installation including sidewalk, pavilion pad and pavilion footings; and coordination with the Borough-contracted Pavilion Contractor, complete in place.

Mandatory Pre-Bid Meeting Date and Time: August 20, 2026, at 1:00 p.m.

Mandatory Pre-Bid Location: Borough Building

100 Borough Park Drive, Pittsburgh, PA 15236

Bid Opening Date: September 9, 2026 (Via PennBid)

Bid Opening Time: 11:00 a.m.

BOROUGH OF WHITEHALL, ALLEGHENY COUNTY, PENNSYLVANIA

P R E P A R E D B Y

The Gateway Engineers, Inc.

100 McMorris Road

Pittsburgh, PA 15205

412.921.4030 PHONE

www.gatewayengineers.com

C-96177-S007 http://www.gatewayengineers.com/

Table of Contents Copyright © 2018 The Gateway Engineers, Inc. All rights reserved.

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TABLE OF CONTENTS

DIVISION 0 - BIDDING DOCUMENTS AND CONTRACT

00001 – Project Title Page (Cover)

00002 – Project Directory

00010 – Table of Contents

00100 – Notice to Bidders

00110 – Bid Form and Proposal

00130 – Bid Bond

00180 – Non-Collusion Affidavit

00190 – Public Work Employment Verification Form

00200 – Instructions to Bidders

00490 – Bidding Addenda

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 Project Requirements

01210 – Allowances

01250 – Contract Modification Procedures

01270 – Unit Prices

01290 – Payment Procedures

01310 – Project Management and Coordination

01320 – Construction Progress Documentation

01322 – Photographic or Video Documentation

01330 – Submittal Procedures

01400 – Quality Requirements

01500 – Temporary Facilities and Controls

01524 – Construction Waste Management

01600 – Product Requirements

01700 – Execution Requirements

01770 – Closeout Procedures

Table of Contents Copyright © 2018 The Gateway Engineers, Inc. All rights reserved.

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DIVISION 2 – SITE CONSTRUCTION

02220 – Traffic Control and Notifications

02225 – Temporary Tree and Plant Protection

02230 – Site Clearing and Preparation

02235 – Selective Demolition

02240 – Dewatering

02300 – Earthwork

02310 – Trench Excavation and Backfill for Sewers and Utilities

02315 – Excavation Support and Protection

02620 – Subdrainage

02751 – Cement Concrete Pavement

02764 – Pavement Joint Sealants

02850 – Incidental Restoration Requirements

02920 – Site Restoration

ISSUED FOR BID DRAWINGS (JULY 23, 2026)

Sheet Number Sheet Title

CS Cover Sheet

C050 Existing Conditions and Demolition Plan

C100 Site and Grading Plan

C600 Construction Details

Notice to Bidders Copyright © 2017 The Gateway Engineers, Inc. All rights reserved.

00100 - 1

NOTICE TO BIDDERS

BOROUGH OF WHITEHALL

ALLEGHENY COUNTY, PENNSYLVANIA

Sealed Proposals will be received by the Borough of Whitehall via PennBid until 11:00 a.m.

prevailing time on Wednesday, September 9, 2026, for:

OVERLOOK PARK PAVILION

Base Bid

This project involves improvements to an existing Borough Park, including, but not limited to, site preparation, site protection, and site restoration; unclassified excavation and fine grading; concrete installation including sidewalk, pavilion pad and pavilion footings; and coordination with the

Borough-contracted Pavilion Contractor, complete in place.

Pennsylvania Prevailing Wages must be paid on this Contract.

There will be a Mandatory Pre-bid Meeting on Thursday, August 20, 2026, at 1:00 p.m. at the

Borough Building, 100 Borough Park Drive, Pittsburgh, PA 15236. Contractors who intend to bid the

Contract MUST attend for their Bid to be considered as responsive

Performance and Labor and Material Payment Bonds, along with Public Liability and Property Damage

Certificates of Insurance in the amounts specified, as well as Certificates of Workman's Compensation must be filed with the executed Agreement.

Copies of Drawings, Specifications, Instructions to Bidders, General Conditions, Forms of Proposals and

Agreement and all other information relating to this Solicitation will be available at no cost on the

PennBid site (www.PennBid.net).

Bids for will only be considered from Bidders that are pre-qualified by the Borough of Whitehall in any of the following categories: site work; site improvements; general construction; excavation; concrete work; or cement work. Bidders that are not pre-qualified to date in the Borough of Whitehall for any of the applicable work categories shall contact the Borough Manager regarding requirements. All required

Borough of Whitehall Pre-qualification materials must be in the hands of Ms. Courtney M. Wertz, Borough Manager, Borough of Whitehall, 100 Borough Park Drive, Pittsburgh, PA 15236,

(412) 884-0505, by close of business Thursday, August 6, 2026. All Bidders that submit Pre-qualification

Packages to the Borough for review will be alerted of their status by close of business Thursday, August 13, 2026.

All proposals must be submitted electronically via PennBid on or before Wednesday, September 9, 2026, at 11:00 a.m. prevailing time. At that time, Bids will be opened with unofficial results publicly displayed in a Summary Table on PennBid. No hard copy Bids will be accepted. The Proposals must be made to the Borough of Whitehall, Allegheny County, Pennsylvania, and shall remain firm for a period of sixty (60) days. No Bidder may withdraw their Proposal during the sixty (60) day period without forfeiting their Proposal guarantee.

Notice to Bidders Copyright © 2017 The Gateway Engineers, Inc. All rights reserved.

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Proposals to receive consideration must be accompanied by a Certified Check or Bid Bond from a Surety authorized to do business in Pennsylvania, made to the order of the Borough of Whitehall in an amount equal to ten (10%) percent of the total amount of the Proposal as a guarantee that, if the Proposal is accepted, the successful Bidder will enter into an Agreement within ten (10) days after

Notice of the Award of the Contract.

The Borough retains the right to award the Contract to the lowest responsive, Borough Pre-qualified, and responsible Bidder based on consideration of quality of previous work, record of completing projects on time, history of payments to subcontractors and suppliers, maintenance of a permanent place of business, adequacy of equipment and plant to do the work, technical experience, a solid financial base to guarantee contract completion and all other factors deemed relative by the Borough.

Bidders are advised that the Borough of Whitehall specifically reserves the right to award the contract to the lowest responsible, responsive, and Borough Pre-qualified Bidder for the listed work categories in attendance at the Mandatory Pre-bid Meeting based on the total bid submitted. However, Bidders are also advised that the Borough expressly reserves the right to reject all bids, and specifically reserves the right to award to the lowest responsible, responsive and Borough Pre-qualified Bidder a contract for all or any portions of the work listed in the Proposal, and in awarding a contract for less than the total work listed, or less than all portions of the work listed, the contract price will be determined from the total quantities for each item listed and the unit price bid for each item listed.

The Borough also reserves the right to reject any or all Proposals, or any part thereof, for any reason, and reserves the right to waive any informality therein.

BY: Courtney M. Wertz

Borough Manager

Date of Publication

July 23, 2026

00110 BID FORM AND PROPOSAL

Copyright © 2021 The Gateway Engineers, Inc. All rights reserved.

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C-96177-S007 Proposal From________________________________________

BID FORM AND PROPOSAL

ARTICLE 1 – BID RECIPIENT

This Bid is submitted to: Whitehall Borough via PennBid

100 Borough Park Drive

Pittsburgh, PA 15236

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:

OVERLOOK PARK PAVILION

Base Bid

This project involves improvements to an existing Borough Park, including, but not limited to, site preparation, site protection, and site restoration; unclassified excavation and fine grading;

concrete installation including sidewalk, pavilion pad and pavilion footings; and coordination with the

Borough-contracted Pavilion Contractor, complete in place.

ARTICLE 3 – TIME OF COMPLETION

Bidders agree that the Work will be completed and ready for final payment in accordance with Article 15 of the General Conditions on or before December 11, 2026, 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 to compute and ascertain with certainty as a basis of recovery by

Whitehall Borough of actual damages, Contractors and their Sureties shall be liable to Whitehall Borough the sum of five hundred dollars ($ 500.00) as fixed and agreed for each calendar 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. Contractors shall pay to Whitehall Borough without limiting Whitehall

Borough’s right to terminate Agreements for default as provided elsewhere herein.

Bidders accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times.

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ARTICLE 4 – BASIS OF BID

Bidder will complete the Work in accordance with the Contract Documents for the following prices:

BASE BID

Item

No.

Description Unit Quantity Unit Price Total

Grubbing; Site Demolition; Site

Protection and Erosion and Sediment

Control, complete in place L.S. 1

Strip and Replace Topsoil;

Unclassified Excavation; Fine

Grading; Concrete Pad and Pavilion

Footers; and Electrical / Data Conduit

Installation, complete in place L.S. 1

Site Restoration; Notifications;

Utility Notification, Coordination and

Removal and Utility Shoring; and

Borough-contracted Contractor

Coordination, complete in place L.S. 1

TOTAL BASE BID $

The Borough shall award the Contract to the lowest Whitehall pre-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 Whitehall pre-qualified, responsible, and responsive Bidder is allowed to withdraw their bid upon compliance with the Public Contract Bid Withdrawal Law. The Borough retains the right to award each Contract after consideration of the following: quality of previous work performed in the

Borough; 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

Borough.

Bids will only be considered from Bidders that are pre-qualified by the Borough of Whitehall in any of the following categories: site work; site improvements; general construction; excavation; concrete work;

or cement work.

Bidders shall also note that bids will only be accepted from Bidders who attended the Mandatory Pre-bid

Meeting on Thursday, August 20, 2026, at 1:00 p.m. and are Whitehall pre-qualified for the work categories listed above. In addition, Bids must be submitted in the name of the company listed on the

Mandatory Pre-Bid Register (and as shown on the Whitehall Borough Qualified Contractors List) for the bid to be considered as responsive.

“Attendance” for the purposes of the above Paragraph shall mean being present for the entirety of the

Meeting. Signing the Register at the beginning of the Meeting and leaving immediately thereafter will not constitute attendance.

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Bidders acknowledge that each Bid Unit Price shown on the Bid Form and Proposal includes an amount considered by the Bidder to be adequate to cover the overhead and profit for each separately identified item. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for comparison of

Bids, and final payment for all Bid Items will be based on actual installed quantities, determined as provided in the Contract Documents.

In addition, Bidders acknowledge that the Borough reserves the right to increase or decrease listed Bid

Form and Proposal 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 Article 13 of the General Conditions.

Unit Prices have been computed in accordance with Article 13 of the General Conditions.

A price adjustment for any 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.

Contractors shall include all costs necessary to complete the project in accordance with the Contract

Documents by the listed date of final completion following the requirements of this Paragraph.

Bidders acknowledge that estimated quantities shown on the Bid Form and Proposal are not guaranteed and are for the comparison of Bids as well as determining payment during the Work. In addition, the

Owner reserves the right to increase or decrease estimated quantities with applicable changes to the corresponding final contract price. No additional compensation will be considered in the event of decreased quantities regardless of the change in scope, including compete elimination of Bid items.

The Borough retains the right to reject any or all Bids, including without limitation, non-conforming, non-responsive, unbalanced, or conditional Bids. All Bidders shall note applicable language regarding unbalanced Bids elsewhere in these Specifications.

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ARTICLE 5 – BIDDER'S ACKNOWLEDGEMENTS

Bidder accepts all the terms and conditions of the Instructions to Bidders including without limitation those dealing with the disposition of Bid Security. This Bid shall remain subject to acceptance for sixty (60) days after the Bid opening date or for any additional period that the Bidder agrees to in reply to a written request from the Owner.

The Surety for the apparent low Bidder shall supply a signed and notarized letter prior to award stating that they will issue all required bonding in the event the apparent low Bid is more than fifteen (15%) percent lower than the second apparent low bid.

All applicable provision of the Contract Document shall apply if the Surety in the above referenced scenario does not agree to issue the required bonding.

The Owner reserves the right to withhold the awarding of the Bids on this project for a period of sixty (60) days or for such period that the apparent low Bidder agrees to in reply to a written request from the Owner.

ARTICLE 6 – BIDDER'S REPRESENTATIONS

In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Federal, State and Local Laws and

Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered 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 any 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.

E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this 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.

F. 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.

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G. 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.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding and Contract Documents and any attached reports, and certifies the written resolution thereof by Engineer is acceptable to Bidder unless further clarification is requested.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work for which this Bid is submitted.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that

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

Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

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.

L. All notices, requests, and claims shall be made in writing to the Owner in accordance with time requirements specified elsewhere in these Specifications. Notices, requests, and claims not made in a timely manner will not be considered by the Owner.

ARTICLE 7 – BIDDER’S CERTIFICATION

Bidder certifies 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 collusive 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

01100 – 6

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 7.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

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 Borough of Whitehall, 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. Statement of Bidder’s Qualifications listing at least three (3) projects similar in nature to the project being contemplated performed within the past five (5) years. All listed projects shall have been conducted under the Bidder’s registered corporate name and have verifiable references.

E. Non-Collusion Affidavit

F. Public Works Employment Verification Form

G. Evidence of Whitehall Pre-Qualification for the required listed work type

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.

01100 – 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 _________________________________________________________

Telephone No. _________________________ Fax No. _____________________________

E-mail address: ___________________________________________________

Submittal Date: ________________________, 20____.

PENAL SUM FORM

Bid Bond EJCDC C-430 (2013 Edition)

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 EJCDC C-430 (2013 Edition)

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 Copyright © 2013 The Gateway Engineers, Inc. All rights reserved.

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 © 2015 The Gateway Engineers, Inc. All rights reserved.

000190-1

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

Public Works Employment Verification Form Copyright © 2015 The Gateway Engineers, Inc. All rights reserved.

000190-2

Instructions to Bidders

000200 – 1

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;

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;

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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.

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

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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 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.

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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.