1-IFB Penn Hills 2027 Salt Supplier Contract.pdf

C-68014-0025

PENN HILLS 2027 SALT SUPPLIER CONTRACT

Municipality of Penn Hills Allegheny County, Pennsylvania

BASE BID

This Bid is for the furnishing and delivery of Rock Salt (Sodium Chloride) to the

Municipality according to the Contract Documents, complete in place.

P R E P A R E D F O R

102 Duff Road Pittsburgh, PA 15235

C O

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MANDATORY Pre-Bid Date: November 24, 2026

MANDATORY Pre-Bid Time: 10:30 a.m.

MANDATORY Pre-Bid Location: Municipal Building

102 Duff Road

Penn Hills, PA 15235

Bid Opening Date: December 10, 2026 via PennBid

Bid Opening Time: 10:30 am

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.

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Project Directory

OWNER: Scott J. Shepard, DPW Superintendent

6600 Leechburg Road

Penn Hills, PA 15147

Phone: 412-798-2153

ENGINEER: Adam W. Gephart, Project Manager

The Gateway Engineers, Inc.

100 McMorris Road

Pittsburgh, PA 15205-9401

Phone: 412-409-2309

Table of Contents Copyright © 2014 The Gateway Engineers, Inc. All rights reserved.

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TABLE OF CONTENTS

DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS

00001 – Project Title Page (Cover)

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 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

00941 – Change Order

DIVISION 1 – GENERAL REQUIREMENTS

01100 – Summary

01110 – General Project Requirements

01250 – Contract Modification Procedures

01270 – Unit Prices

01290 – Payment Procedures

ATTACHMENTS

Detailed Specifications

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

00100 - 1

NOTICE TO BIDDERS

MUNICIPALITY OF PENN HILLS

ALLEGHENY COUNTY, PENNSYLVANIA

Sealed Proposals will be received by the Municipality of Penn Hills via PennBid until 10:30 a.m.

prevailing time on Thursday, December 10, 2026, for:

Base Bid

This Bid is for the furnishing and delivery of Rock Salt (Sodium Chloride) to the Municipality according to the Contract Documents, complete in place.

There will be a Mandatory Pre-bid Meeting on Tuesday, November 24, 2026, at 10:30 a.m. at the

Municipal Building, 102 Duff Road, Penn Hills, PA 15235. Suppliers who intend to bid this Contract

MUST attend for their Bid to be considered as responsive. “Attendance” for the purposes of this

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. Note that the Meeting start time will be strictly enforced unless there were circumstances that affected most of the prospective bidders.

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).

All proposals must be submitted electronically via PennBid on or before Thursday, December 10, 2026, at 10:30 a.m. prevailing time. At that time, Bids will be opened with unofficial results publicly displayed on PennBid. No hard copy Bids will be accepted. The Proposals must be made to the

Municipality of Penn Hills, 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.

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 Municipality of Penn Hills 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 Municipality retains the right to award Contracts to the lowest responsive, qualified, and responsible

Bidders 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 Municipality.

Notice to Bidders

00100 - 2

Bidders are also advised that the Municipality specifically reserves the right to award to the lowest responsible, responsive and 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 Municipality 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: Diane Fitzhenry

Acting Municipal Manager

Date of Publication

November 12, 2026

November 19, 2026

00110 BID FORM AND PROPOSAL

00110 – 1

C-68014-0025 Proposal From_______________________

BID FORM AND PROPOSAL

ARTICLE 1 – BID RECIPIENT

This Bid is submitted to: Municipality of Penn Hills via PennBid

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:

This project is for furnishing and delivery of Rock Salt (Sodium Chloride) to the Municipality according to the Contract Documents, complete in place.

ARTICLE 3 – TIME OF COMPLETION

Bidder agrees that the material will be furnished and supplied for the term of the Contract as listed in

Article 10 of the Detailed Specifications and that liquidated damages as listed in Article 20 of the

Detailed Specifications will apply as applicable.

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

Item

No.

Description Unit Quantity Unit Price Amount

Bulk Furnishing of Rock Salt

(Sodium Chloride), complete in place Ton 6,500 $_________ $_________

Bulk Delivery of Rock Salt (Sodium

Chloride), complete in place Ton 6,500 $_________ $_________

BASE BID TOTAL (In Numerals): $ ______________________________________

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.

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 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

November 24, 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 price adjustment for material delivery will be permitted according to Article 14 of the Detailed Specifications.

Payments for “stored materials” including deposits or conditional payments required by Suppliers will not be considered for payment. All material must be “delivered” for payment consideration.

00110 – 3

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.

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.

00110 – 4

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.

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. Bidder Location and Designation of Facilities per Article 21 of the Detailed Specifications

C. Written Emergency Distribution Plan per Article 23 of the Detailed Specifications

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 – 5

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____.

00115 STATEMENT OF BIDDER’S QUALIFICATIONS

Copyright © 2020 The Gateway Engineers, Inc. All rights reserved.

00115 – 1

STATEMENT OF BIDDER'S QUALIFICATIONS

1. Name of Company:

2. Street Address: _________________________________ P.O. Box* _____________

(*if P.O. Box, Please provide street address also.)

City ____________________________ State _____________ Zip Code _________

Telephone No. _______________________ FAX No. ________________________

When Organized _________________________

Federal Identification No. __________________

3. Sole Proprietor:

Name _____________________________________________

Social Security No. _________________

4. Partnership:

Name of Partners ______________________________________________________

5. Corporation:

Name of Corporation ___________________________________________________

Where Incorporated ____________________________________________________

Year ____________

List Corporate Officers:

6. How many years have you been engaged in the business for which this proposal is intended under your present firm or trade name? ____________

7. Have you ever refused to sign a contract that was awarded to you? ________

8. Have you ever defaulted on a contract? _________

9. Will you, upon request, fill out a detailed financial statement and furnish any other information that the Municipality of Penn Hills may require for the execution of the contract documents?

10. Equipment to complete work under this proposal: Own _____ Lease _______

( If owned, attach list of equipment)

Contractor

By:_____________________________

Date: ___________________________

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

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

00200 – 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.

00200 – 2

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.

00200 – 3

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. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature). The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary.

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13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person. The state of formation of the firm and the official address of the firm shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and official address.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.07 All names shall be printed in ink below the signatures.

13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Unit Price and Lump Sum

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. The Proposal may be a combination of unit price and lump sum items.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

D. The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 13.02 of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation…