1-Lycoming County Flood Warning System Upgrades Invitation To Bid.pdf
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- Lycoming County Flood Warning System Upgrades
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- Lycoming County, Morrisdale CDP, Pennsylvania
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This is an Invitation to Bid (ITB) issued by Lycoming County, Pennsylvania for upgrades to the county's Flood Warning System. The project involves converting seven existing pressure transducer gauges to radar systems to complement the fourteen ultrasonic and radar gauges already in operation across six major watersheds. The FWS network comprises 21 automated stream gauges covering the county. Bidders must attend a mandatory pre-bid meeting on Tuesday, July 28, 2026, at 10:00 A.M. EST at 542 County Farm Road, Suite 101, Montoursville, PA 17754, with optional site visits following. Sealed bids are due by Friday, August 7, 2026, at 5:00 P.M. EST via PennBid, and will be publicly opened on Thursday, August 13, 2026, at 10:00 A.M. EST. The contract award will be made to the lowest responsible bidder, with bidders agreeing to honor their bids for a minimum of 60 days from opening. The scope of work includes four base stations, one transmitter, four uninterrupted power systems, AEM E360 software setup and configuration, training, flood risk package, user and administrator accounts, email licenses, semi-annual maintenance inspections and on-call diagnostics for 20 years, radar system installations at seven sites, maintenance and protection of traffic, and optional camera systems at five sites.
Bidders must submit three pricing options for the AEM E360 software: monthly subscription-based (Option 1 at 240 months), yearly subscription-based (Option 2 for 20 years), and on-premise-based software licensing (Option 3 for 20 years), with the county selecting one option post-award. A bid bond or certified check equal to ten percent of the total bid amount is required. The project is supported in part by federal award number SLFRP2851 from the U.S. Department of the Treasury. All equipment must be compatible with the county's existing High Sierra Electronics/AEM system, as these are the only products that will interface properly. Pennsylvania prevailing wage requirements apply to this project. Bidders must provide a one-year warranty on all parts and labor at no charge to the owner, including travel, parts, and labor. The contract includes performance and payment bonds at 100 percent of the contract amount and a one-year maintenance bond. Successful bidders must submit IRS Form W-9 prior to contract execution and comply with all federal, state, and local nondiscrimination requirements, equal employment opportunity provisions, and the Public Works Employment Verification Act with E-Verify documentation.
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- 1 -
COUNTY OF LYCOMING
FINANCIAL MANAGEMENT OFFICE
Heather Lehman, Lycoming County Chief Budget Officer Third Street Plaza ♦ 48 West 3rd Street, Williamsport, PA 17701 Tel: (570) 327-2510 ♦ Fax: (570) 320-8196 ♦ Email: hrhoads@lyco.org
INVITATION TO BID (ITB)
FOR
LYCOMING COUNTY FLOOD WARNING
SYSTEM UPGRADES
ISSUE DATE: JULY 21, 2026
DUE DATE: AUGUST 7, 2026
Last Reviewed for Federal Requirements 6/25/2026
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CONTRACT DOCUMENTS TABLE
OF CONTENTS
PAGE
PART I - INVITATION FOR BIDS
PART II - INSTRUCTIONS TO BIDDERS
PART III – SIGNATURE DOCUMENTS
BID………………………………………………………………………………………………………………………………….8
STATEMENT OF BIDDER'S QUALIFICATIONS…………………………………………………………………..19
BID BOND………………………………………………………………………………………………………………………21
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER……………………………………………………………. 23
PUBLIC WORKS EMPLOYMENT VERIFICATION FORM
PRIME CONTRACTOR
NON-DISCRIMINATION CERTIFICATION
MBE/WBE/SBE CONTRACT SOLICITATION AND COMMITMENT STATEMENT…………………31
IRS FORM W-9 INSTRUCTIONS
PART IV - CONTRACT CONDITIONS
SECTION 1 – GENERAL
1.1 DEFINITIONS
1.2 SCOPE OF WORK
SECTION 2 – CONTRACT AND CONTRACT DOCUMENTS
2.1 GENERAL
2.2 BIDDING DOCUMENTS
2.3 CONTRACTUAL DOCUMENTS
2.4 PLANS AND SPECIFICATIONS
2.5 NOTICE OF CHANGE OF ADDRESS
2.6 ASSIGNMENT OF CONTRACT
2.7 MODIFICATION OF CONTRACT
2.8 ORAL AGREEMENTS
SECTION 3 – INSURANCE, BONDS AND RELATED MATTERS
3.1 CONTRACTOR’S LIABILITY INSURANCE
3.2 OWNER'S LIABILITY INSURANCE
3.3 PROPERTY INSURANCE
3.4 WAIVER OF RIGHTS
3.5 RECEIPT AND APPLICATION OF INSURANCE PROCEEDS
3.6 LIMITS OF INSURANCE COVERAGE
3.7 PARTIAL UTILIZATION--PROPERTY INSURANCE
3.8 INDEMNIFICATION
3.9 SURETY BONDS
SECTION 4 – RESPONSIBILITY OF THE ENGINEER……..…………………………………………………………………..51
4.1 GENERAL……………………………………………...……… ................................................ …..51
4.2 OBSERVATION OF THE WORK
4.3 ACCEPTANCE OF WORK
4.4 ENGINEER IS OWNER'S REPRESENTATIVE
SECTION 5 – OWNER'S RIGHTS AND RESPONSIBILITIES
5.1 LANDS AND RIGHTS OF WAY
5.2 PERMITS
5.3 BASE LINES AND GRADES
5.4 OWNER'S RIGHT TO CORRECT DEFICIENCIES
5.5 UNDERGROUND STRUCTURES
5.6 OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
SECTION 6 – CONTRACTOR’S RIGHTS AND RESPONSIBILITIES
6.1 GENERAL
6.2 APPLICABLE LAWS AND REGULATIONS
6.3 PERMITS, LICENSES AND CERTIFICATES
6.4 STRUCTURES OR WORK IN NAVIGABLE STREAMS
6.5 PERMITS AND INSPECTION CHARGES
6.6 CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE CONTRACT
6.7 UNDERGROUND STRUCTURES
6.8 SURVEYS
6.9 LANDS BY CONTRACTOR
6.10 PRIVATE AND PUBLIC PROPERTY
6.11 REPORTS, RECORDS AND DATA
6.12 MATERIALS AND EQUIPMENT – SOURCES OF SUPPLY
6.13 EXAMINATION AND TESTING
6.14 SPECIFIED BRANDS OF MATERIALS
6.15 TITLE TO MATERIALS
6.16 PATENTS, ROYALTIES AND LICENSES
6.17 SUPERVISION BY CONTRACTOR
6.18 CONTRACTOR RESPONSIBLE UNTIL WORK COMPLETED
6.19 LIGHT, HEAT, POWER, AND WATER
6.20 SANITARY PROVISIONS
6.21 SAFETY PROVISIONS
6.22 WORK DURING AN EMERGENCY
6.23 WARNING SIGNS AND BARRICADES
6.24 PUBLIC CONVENIENCE
6.25 PROTECTION, SUPPORT AND MAINTENANCE OF STRUCTURES
6.26 WEATHER CONDITIONS
6.27 PROTECTION AGAINST FREEZING
6.28 REMOVAL OF WATER
6.29 CONTRACTOR TO PROVIDE WATCHMEN
6.30 FIRES, SIGNS, LOADING AND REFUSE
6.31 USE OF PREMISES AND REMOVAL OF DEBRIS
6.32 EROSION AND SEDIMENTATION CONTROL
6.33 EMPLOYMENT REQUIREMENTS
6.34 EQUAL EMPLOYMENT OPPORTUNITY………………………………………………………………73
6.35 SEXUAL HARASSMENT
6.36 MINORITY, WOMEN, AND SMALL BUSINESS ENTERPRISES
6.37 DATE OF STARTING AND COMPLETING WORK
6.38 ORDER OF WORK
6.39 PROSECUTION OF WORK
6.40 COMPETENT WORKERS
6.41 SUBCONTRACTING
6.42 WORK BY OTHERS
6.43 COOPERATION OF TRADES
6.44 COOPERATION OF CONTRACTORS
6.45 NOTICE OF IMPERFECT WORK OR MATERIAL
SECTION 7 – PAYMENTS TO THE CONTRACTOR
7.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT
7.2 PARTIAL MONTHLY PAYMENTS
7.3 RETAINAGE
7.4 PAYMENT FOR UNCORRECTED WORK
7.5 PAYMENT FOR REMOVAL OF REJECTED WORK AND MATERIALS
7.6 ESTIMATES OF ENGINEER TO BE FINAL
7.7 STATED ALLOWANCES
7.8 REQUESTS FOR EXTRA COMPENSATION
7.9 NO CHARGE FOR DELAY
7.10 LIQUIDATED DAMAGES
7.11 FINAL PAYMENT
7.12 ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
PART V - FEDERAL REQUIREMENTS
SECTION 1 – TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (P.L. 88-352) AS STATED IN 24 CFR 570.601
SECTION 2 – EXECUTIVE ORDER 11063, AS AMENDED
SECTION 3 – THE FAIR HOUSING ACT, TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 (42 U.S.C.
§§ 3601 ET SEQ.)…………………………………………………………………………………………………………….…………84
SECTION 4 – NONDISCRIMINATION
SECTION 5 – EQUAL OPPORTUNITY FOR VEVRAA PROTECTED VETERANS
SECTION 6 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701-3708)
SECTION 7 – FEDERAL LABOR STANDARDS PROVISIONS
7.1 APPLICABILITY
7.2 MINIMUM WAGE RATES FOR LABORERS AND MECHANICS
SECTION 8 – LEAD BASED PAINT REQUIREMENTS
SECTION 9 – CLEAN AIR AND CLEAN WATER ACTS
SECTION 10 – BUY AMERICA/BUILD AMERICA
SECTION 11 – ENERGY CONSERVATION PROVISIONS
SECTION 12 – AGE DISCRIMINATION ACT OF 1975, AS AMENDED (42 U.S.C. §§ 6101 ET SEQ.).…94
SECTION 13 – EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
SECTION 14 – SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED (29 U.S.C.
§ 794)……………………………………………………………………………………………………………………………………..….95 SECTION 15 – TITLE II OF THE AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED (42
U.S.C. §§ 12101 ET SEQ.)…………………………………………………………………………………………….….….…….….95
SECTION 16 – INCREASING SEAT BELT USE IN THE UNITED STATES.…………..……………….…….…………95
SECTION 17 – REDUCING TEXT MESSAGING WHILE DRIVING…..………………………………………...….……95
SECTION 18 – PUBLICATION OF US TREASURY FUNDS ……..….………………….………..…….………….………95
PART VI - STATE REQUIREMENTS
SECTION 1 – PENNSYLVANIA PREVAILING WAGE REQUIREMENTS
SECTION 2 – PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT (NO. 178-3)
SECTION 3 – THE PUBLIC WORKS EMPLOYMENT VERIFICATION ACT
SECTION 4 – 2025 LIST OF EXEMPT MACHINERY AND EQUIPMENT STEEL PRODUCTS
PART VII - GENERAL SPECIFICATIONS
SECTION 1 – PROJECT SITE
SECTION 2 – TIME FOR COMPLETION
SECTION 3 – LIQUIDATED DAMAGES
SECTION 4 – RESPONSIBILITIES OF CONTRACTOR
SECTION 5 – COMMUNICATIONS
SECTION 6 – JOB OFFICES
SECTION 7 – PARTIAL USE OF SITE IMPROVEMENTS
SECTION 8 – WORK BY OTHERS
SECTION 9 – CONTRACT DOCUMENTS AND DRAWINGS
SECTION 10 – PROGRESS SCHEDULE
SECTION 11 – SUBSTITUTION
SECTION 12 – SIGNS, BARRICADES, LIGHTS
SECTION 13 – PROTECTION OF EXISTING SITE CONDITIONS
SECTION 14 – REDUCTION IN WORK
SECTION 15 – ENGINEER’S RESPONSIBILITY AND AUTHORITY
SECTION 16 – TEMPORARY SUSPENSION OF CONSTRUCTION
SECTION 17 – INTENT OF PLANS AND SPECIFICATIONS
SECTION 18 – WORK INCIDENTAL TO CONTRACT ITEMS
SECTION 19 – CONSTRUCTION RESERVATION
SECTION 20 – DAMAGE TO EXISTING CONSTRUCTION
SECTION 21 – DISPOSAL OF EXISTING MATERIALS
SECTION 22 – PUBLIC CONVENIENCE AND SAFETY
SECTION 23 – STORAGE OF MATERIALS
SECTION 24 – GENERAL GUARANTY
PART VIII - TECHNICAL SPECIFICATIONS
APPENDIX A – PA PREVAILING WAGE RATES
NOTICE TO BIDDERS
The County of Lycoming is requesting sealed bids for Lycoming County Flood Warning System Upgrades. A mandatory pre-bid meeting will be held on Tuesday July 28, 2026, at 10:00 A.M. EST at 542 County Farm Road, Suite 101, Montoursville, PA 17754 with optional site visits to follow.
Bids shall be submitted by Friday, August 7, 2026, at 5:00 P.M. EST. Bids will be opened on Thursday, August 13, 2026, at 10:00 A.M. EST in the Commissioners’ Meeting Room, Lycoming County Executive Plaza Building.
The County of Lycoming finalized the construction of its Flood Warning System (FWS) in 2004. All equipment within the system is comprised of components from High Sierra Electronics, INC. which now operates as a subsidiary of AEM. The FWS covers 6 major watersheds within the County and is comprised of a network of 21 automated stream gauges. The FWS is comprised of 14 sensing locations that utilize ultrasonic and/or radar gauges while the remaining 7 utilize a pressure transducer style gauge. It is the County’s desire to convert all 7 pressure transducer gauges to radar systems. The information collected by the FWS is then made publicly available here:
http://floodready.lyco.org/datawise/reports/sgi.php. This project is being supported in part, by federal award number SLFRP2851 awarded to Lycoming County by the U.S. Department of the Treasury. The specified products are the only products that will interface with Lycoming County’s existing system.
Complete bidding documents are available at no cost on PennBid (www.pennbid.net).
Bids shall be submitted via PennBid (www.pennbid.net).
A certified check or bank draft payable to the order of Lycoming County, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety in an amount equal to ten percent (10%) of the total of the Bid, shall be submitted with each bid. The Bidder shall include the fully completed Non- Collusion Affidavit with the bid.
Bids may be held by Lycoming County for up to 60 days from the date of opening for the purpose of reviewing the bids and investigating the qualifications of bidders prior to awarding the contract.
Lycoming County reserves the right to reject any or all bids, to waive any irregularities, or to negotiate contract amounts. Pennsylvania Prevailing Wage applies to this Project.
Questions regarding this Invitation to Bid shall be submitted via the “Clarifications” feature within PennBid.
COUNTY OF LYCOMING
Scott L. Metzger Marc C. Sortman Mark Mussina
Attest:
Shannon Barnes Chief Clerk
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PART II - INSTRUCTIONS TO BIDDERS
1. BIDS
A. All bids must be submitted on forms supplied by Lycoming County, the Owner, and shall be subject to all requirements of the Contract Documents, including the product descriptions, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no inter-lineations, excisions, or special conditions shall be made or included in the Bid Form by the Bidder.
B. A MANDATORY pre-bid meeting with optional site visits to immediately follow will be held
Tuesday July 28, 2026, at 10:00 A.M. EST at 542 County Farm Road, Suite 101, Montoursville, PA 17754 with optional site visits to follow. Questions regarding the project may be submitted up to Friday July 31, 2026, at 10:00 A.M. EST.
C. Bid Documents, including the completed Bid Forms, Bid Bond, Non-Discrimination Certification, MBE/WBE/SBE Solicitation and Commitment Statement, Identification of Individual, Partnership, or Corporate Principals, and the Non-Collusion Affidavit shall be completed and submitted.
D. The Owner may consider irregular any Bid on which there is an alteration of or departure from the Bid Form hereto attached and at its option may reject or accept same.
E. If the Contract is awarded, it will be awarded by the Owner to a responsible Bidder on the basis of the lowest responsible bid.
F. In the event that deduct(s), add alternate(s), or optional line items are included on the project bid form, the OWNER reserves the right to remove deduct(s) from the project or award individual add alternates or optional line item(s) at its sole discretion, based upon, but not limited by available grant funding.
In the event that the OWNER awards a combination of add alternate(s) or optional line item(s), the lowest apparent bidder shall be calculated by totaling the combined amount of the base bid with any alternate(s), or optional line item(s) that are to be awarded.
G. Each Bidder shall include in his/her Bid the following information:
Firm Name Federal Employer Identification Number Address City, State, and Zip Code Principals’ Names Social Security Numbers
H. Each bidder will submit one (1) original bid.
2. ALTERNATIVE BIDS (SEE BID SCHEDULE)
The County would like a cost estimate breakdown for AEM’s E360 software in monthly subscription based fee (Option 1), yearly subscription based fee (Option 2) and on premise based software
(Option 3). BIDDERS are to provide a bid for all three Options. Lycoming County will select one of the three options for construction.
It is agreed that all work to be performed under accepted alternate prices shall conform to the applicable Contract Documents and shall include all work in connection with or consequent to the alternate price work to produce a complete installation.
Alternate prices shall be all inclusive of the cost of materials, work and profit, supervision, administration and any and all other costs in accordance therewith for work in place and accepted or omitted as the cause may be and shall hold for the same period as the bid.
The Owner reserves the right to accept or reject any or all alternatives which acceptance or rejection of alternates will enter into the determination of the lowest responsible bidder.
3. COLLUSIVE AGREEMENTS
Each Bidder submitting a Bid to the Owner shall execute and attach hereto, an affidavit substantially in the form herein provided, to the effect that they have not colluded with any other person, firm, or corporation in regard to any Bid submitted.
4. TIME FOR RECEIVING BIDS
Bids received prior to the advertised hour will be securely kept and sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered.
5. OPENING OF BIDS
At the time and place fixed for the public opening of Bids, the Owner, or their agent will cause to be opened and read aloud the Bid(s) received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person, or by representative.
6. AWARD OF CONTRACT: REJECTION OF BIDS
The Contract will be awarded to the lowest responsible Bidder complying with the conditions of the Invitation for Bids. The Bidder to whom the award is made will be notified at the earliest possible date. Bidders agree to honor their bid for not less than 60 days from the date of bid opening. The Owner reserves the right to reject any and all Bids and to waive any irregularity in Bids received whenever such rejection or waiver is in its interest.
7. WARRANTY
A warranty of at least one year on all parts and labor is to be provided with no exceptions. There shall be no charge to the buyer for any travel, parts, or labor during this warranty period.
8. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall comply with all applicable federal, state, and local nondiscrimination requirements applicable to this federally assisted contract. Each Bidder must submit the completed Non-Discrimination Certification. The Public Works Employment Verification Form is to be submitted via E-Verify.
9. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
Attention of Bidders is particularly called to the necessity of complying with all Federal, State, and Local Laws and regulations.
10. W-9 FORM
The successful bidder must submit the most current IRS Form W-9 from IRS.Gov prior to issuance of the Notice to Proceed.
© SEDA Council of Governments
PART III – SIGNATURE DOCUMENTS
ITEM NO. ITEM DESCRIPTION UNIT
ESTIMATED
QUANTITY UNIT PRICE TOTAL
PAYMENT
ITEM 1
MOBILIZATION LS 1 $ $
PAYMENT
ITEM 2
BASE STATION EACH 4 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 4
SEMI-ANNUAL PERFORMANCE & MAINTENANCE
INSPECTION
YEARS 20 $ $
PAYMENT
ITEM 5
ON-CALL DIAGNOSTICS & REPAIR YEARS 20 $ $
PAYMENT
ITEM 6
UNINTERRUPTED POWER SYSTEM EACH 4 $ $
PAYMENT
ITEM 7
AEM E360 SETUP AND CONFIGURATION LS 1 $ $
PAYMENT
ITEM 8
AEM E360 TRAINING LS 1 $ $
PAYMENT
ITEM 9
AEM E360 FLOOD RISK PACKAGE LS 1 $ $
PAYMENT
ITEM 10
AEM E360 SOFTWARE LS 1 $ $
PAYMENT
ITEM 11
AEM E360 USER ACCOUNT LICENSE EACH 10 $ $
PAYMENT
ITEM 12
AEM 360 ADMINISTRATOR ACCOUNT EACH 1 $ $
PAYMENT
ITEM 13
AEM E360 EMAIL LICENSE EACH 10 $ $
BASE BID SCHEDULE
BASE ITEMS (SUBTOTAL) = $
BASE ITEMS
QUANTITY UNIT PRICE TOTAL
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 15
RADAR SYSTEM EACH 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
* Add alternate camera system site. SALLADASBURG SITE (SUBTOTAL) =
JERSEY MILLS SITE * (SUBTOTAL) = $
CEDAR RUN SITE
JERSEY MILLS SITE *
SITE SPECIFIC BID SCHEDULE
LITTLE PINE DAM SITE (SUBTOTAL) = $
$CEDAR RUN SITE (SUBTOTAL) =
LITTLE PINE DAM SITE
CAMP KLINE SITE
SALLADASBURG SITE
CAMP KLINE SITE (SUBTOTAL) =
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 15
RADAR SYSTEM EACH 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 15
RADAR SYSTEM EACH 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 15
RADAR SYSTEM EACH 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
DEER CROSSING SITE (SUBTOTAL) = $
DEER CROSSING SITE
ROARING BRANCH SITE
RALSTON SITE
ROARING BRANCH SITE (SUBTOTAL) =
RALSTON SITE (SUBTOTAL) = $
BODINES SITE
BODINES SITE (SUBTOTAL) = $
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 15
RADAR SYSTEM EACH 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 15
RADAR SYSTEM EACH 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 15
RADAR SYSTEM EACH 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
* Add alternate camera system site.
CAMP SUSQUE SITE *
CAMP SUSQUE SITE * (SUBTOTAL) = $
HEPBURNVILLE SITE *
HEPBURNVILLE SITE * (SUBTOTAL) = $
FORKSVILLE SITE
FORKSVILLE SITE (SUBTOTAL) = $
HILLSGROVE SITE
HILLSGROVE SITE (SUBTOTAL) = $
BARBOURS SITE *
BARBOURS SITE * (SUBTOTAL) = $
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
PAYMENT
ITEM 3
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
MUNCY CREEK SITE (SUBTOTAL) =
LOYALSOCKVILLE SITE
LOYALSOCKVILLE SITE (SUBTOTAL) = $
SONESTOWN SITE
SONESTOWN SITE (SUBTOTAL) = $
GLEN MAWR SITE *
GLEN MAWR SITE * (SUBTOTAL) = $
LAIRDSVILLE SITE
LAIRDSVILLE SITE (SUBTOTAL) = $
HUGHESVILLE SITE
HUGHESVILLE SITE (SUBTOTAL) = $
MUNCY CREEK SITE
TRANSMITTER EACH 1 $ $
PAYMENT
ITEM 14
MAINTENANCE AND PROTECTION OF TRAFFIC DURING
CONSTRUCTION
LS 1 $ $
MUNCY RIVER SITE
MUNCY RIVER SITE (SUBTOTAL) = $
ITEM 16
MONTHLY SUBSCRIPTION BASED SOFTWARE &
CONFIGURATION
MO 240 $ $
PAYMENT
ITEM 17
YEARLY SUBSCRIPTION BASED SOFTWARE &
CONFIGURATION
YEARS 20 $ $
PAYMENT
ITEM 18
ON PREMISE BASED SOFTWARE LICENSING YEARS 20 $ $
PAYMENT
ITEM 19
ON PREMISE BASED AEM E360 SOFTWARE INSTALLATION LS 1 $ $
OPTION 1
OPTION 1 (SUBTOTAL) = $
OPTION 2
OPTION 2 (SUBTOTAL) = $
OPTION 3
OPTION 3 (SUBTOTAL) =
QUANTITY UNIT PRICE TOTAL
PAYMENT
ITEM 20
CAMERA SYSTEM EACH 5 $ $
PAYMENT
ITEM 21
YEARLY AEM E360 CAMERA LICENSE YEARS 100 $ $
MANDATORY ADD ALTERNATE PRICES
BID
To Lycoming County 48 West 3rd Street, Williamsport, PA 17701
Ladies & Gentlemen:
1. The undersigned, having familiarized (himself/herself/themselves) with the existing conditions on the Project area affecting the cost of the Work, and with the Contract Documents, including the Invitation for Bids, Signature Documents, the form of Bid, the form of Contract, the Non-Collusion Affidavit, the Contract Conditions, Federal Requirements, State Requirements, Specifications, as prepared by _Larson Design Group_, and on file on PennBid.net, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete Lycoming County Flood Warning System Upgrades project, all in accordance with the above-listed documents, for the T o t a l O p t i o n 1 ( B a s e I t e m s , S i t e s , a n d S o f t w a r e ) Base Bid sum of dollars ($ )
The T o t a l O p t i o n 2 ( B a s e I t e m s , S i t e s , a n d S o f t w a r e ) Base Bid sum of dollars ($ ).
The T o t a l O p t i o n 3 ( B a s e I t e m s , S i t e s , a n d S o f t w a r e ) Base Bid sum of dollars ($ ).
The T o t a l A d d A l t e r n a t e Bid sum of dollars ($ ).
2. In submitting this Bid, the bidder understands that the right is reserved by the Lycoming County
Commissioners to reject any and all Bids. If written notice of the acceptance of this Bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the opening thereof, or at any time thereinafter before this Bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond or bonds within ten (I0) days after the Agreement is presented to him/her for signature.
3. Security in the sum of dollars ($ ), in the form of , is submitted herewith in accordance with the Instructions to Bidders.
4. Attached hereto is an affidavit in proof that the undersigned has not entered into a collusive agreement with any person in respect to this Bid or any other Bid or the submitting of Bids for the Contract for which this Bid is submitted.
5. The bidder is prepared to submit a financial and experience statement upon request.
6. The undersigned represents that he/she is in receipt of the following number of Addenda. (If no
Addenda are issued, insert the word “none” in the following space.)
Witness Signature
Name, Title (Please Print)
Date
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered, and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate, attached sheets. The bidder may submit any additional information he/she desires.
1. Name of bidder.
2. Permanent main office address.
3. When organized.
4. If a corporation, where incorporated.
5. How many years have you been engaged in the contracting business under your present firm or trade name?
6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.)
7. General character of work performed by your company.
8. Have you ever failed to complete any work awarded to you? If so, where and why?
9. Have you ever defaulted on a contract? If so, where and why?
10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed.
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this Project.
13. Background and experience of the principal members of your organization, including the officers.
14. Credit Available: $
15. Give bank reference:
16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the (OWNER)?
17. The undersigned certifies for itself, it has no unsatisfied tax liabilities or other Commonwealth obligations.
18. The undersigned certifies for itself and all of its subcontractors and suppliers that it is not under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority.
19. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the (OWNER) in verification of the recitals comprising this Statement of Bidder's Qualifications.
Dated at this day of , 20 .
(Name of Bidder)
By:
Title:
State of )
County of )
, being a duly sworn representative of deposes and says that all statements herein contained are true and correct.
Subscribed and sworn to before me this day of , 20 .
Notary Public
My commission expires , 20 .
STATEMENT OF BIDDER'S QUALIFICATIONS (continued)
Certifications:
I, , certify that I am the _____________________ of the Corporation named as CONTRACTOR herein;
that_________________________________________________who signed this Agreement on behalf of the CONTRACTOR, was the________________________________________ of said
Corporation; that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.
(Corporate Seal)
BID BOND
KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED
as PRINCIPAL; and as SURETY, are held and firmly bound unto , hereinafter called the "OWNER," in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , , for (description of work).
NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall within the period specified therefore, or if no period be specified, with ten (10) days after the prescribed forms are presented to him/her for signature, enter into a written Contract with the OWNER in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the time specified, if the Principal shall pay the OWNER may procure the required Work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presentees signed by its undersigned representative, pursuant to authority of its governing body.
INDIVIDUAL OR PARTNERSHIP PRINCIPALS
(SEAL)
In the presence of: (SEAL)
CORPORATE PRINCIPAL
ATTEST:
BY: (SEAL)
SURETY
ATTEST:
BY: (SEAL)
Countersigned:
BY:
Attorney-in-fact, State of
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the _ , Principal in the within bond; that , who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and on behalf of said Corporation by authority of his/her governing body.
(CORPORATE SEAL)
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of )
County of )
, being first duly sworn, deposes and says that:
1) He/She is (Owner, Partner, Officer, Representative or Agent) of , the bidder that has submitted the attached Bid;
2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;
3) Such Bid is genuine and is not a collusive or sham Bid;
4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted, or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached Bid or of any other bidder, or to fix any overhead, profit, or cost element for the Bid prices or the Bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its officers, partners, agents, representatives, owners, employees, or parties in interest, including this affiant.
Signed
Title
Subscribed and sworn to before me this day of , 20
Title
My commission expires
Street Address 2
City State Zip Code
Doing Business As:
(if different from Legal Name)
Commonwealth of Pennsylvania Public Works Employment Verification Form
Complete and return the form to the contracting Public Body prior to the award of the contract.
Company Legal Name: ___________________________________________________________
Mailing Address: ______________________________________________________
Check one: Contractor Subcontractor
Contracting Public Body: _________________________________________________________
Contract/Project Number: ________________________________________________________
Project Description: _____________________________________________________________
Project Location: _______________________________________________________________
Date Enrolled in E-Verify (MM/DD/YYYY): ___________________________________________ As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of today’s 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 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 Date of Signature
Printed Name: _________________________________________________________________
Phone Number: ______________________ Email: ____________________________________
Street Address 1
PRIME CONTRACTOR
SUBCONTRACTOR
LISTING
PRIME CONTRACTOR’S NAME: PROJECT NAME:
ADDRESS: FEDERAL EMPLOYER IDENTIFICATION NUMBER:
EMAIL:
CHECK WHICH TYPE OF CONTRACT APPLIES BELOW:
TELEPHONE:
GENERAL PLUMBING ELECTRICAL MECHANICAL OTHER
CONTACT PERSON:
SUBCONTRACTOR ADDRESS/TELEPHONE/EMAIL FEIN AWARD
DATE
DOLLAR
AMOUNT OF
CONTRACT
NON-DISCRIMINATION CERTIFICATION
Equal Employment Opportunity / Nondiscrimination. The Contractor shall comply with all applicable federal, state, and local nondiscrimination requirements applicable to this federally assisted contract, including Title VI of the Civil Rights Act of 1964 and Treasury’s implementing regulations at 31 CFR Part 22; Section 504 of the Rehabilitation Act of 1973;
Title II of the Americans with Disabilities Act; VEVRAA and Section 503 of the Rehabilitation Act, where applicable by contract threshold and contractor status; and any additional nondiscrimination requirements included in the federal award terms. The Contractor shall include applicable flow-down provisions in all subcontracts and purchase orders as required by the federal award.
CERTIFICATION
Signature: _____________________________________________
Name / Title: __________________________________________
Date: _________________________________________________
MBE / WBE / SBE SOLICITATION AND COMMITMENT STATEMENT
Project: ________________________________________________
Contract No.: ___________________________________________
Owner: _________________________________________________
Bidder: ________________________________________________
Address: _______________________________________________
Contact Person: ____________________ Phone: _____________
Email: _________________________________________________
Bid Date: ______________________________________________
AFFIRMATIVE STEPS REQUIREMENT
The Bidder shall take all necessary affirmative steps to ensure that small businesses, minority-owned businesses, and women-owned businesses are used when possible in accordance with 2 CFR 200.321.
SOLICITATION AND PARTICIPATION RECORD
Company Name Contact (Phone/Email)
Work or Supply Type
Solicited (Y/N)
Quote Received (Y/N)
Selected (Y/N)
GOOD FAITH CERTIFICATION
The Bidder certifies that it has made reasonable and good faith efforts to solicit participation in accordance with 2 CFR 200.321 and will provide documentation upon request. The Bidder understands that this requirement does not establish quotas, goals, or mandatory participation levels.
CERTIFICATION
Signature: _____________________________________________
Name / Title: __________________________________________
Date: _________________________________________________
IRS FORM W-9 INSTRUCTIONS
The successful bidder shall submit a completed, current IRS Form W-9 prior to execution of the Contract. The most recent version of Form W-9 is available at www.irs.gov.
PART IV - CONTRACT CONDITIONS
SECTION 1 – GENERAL
1.1 DEFINITIONS
Wherever used in the Contract, the following terms have the meanings indicated.
a) Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, modify, correct, interpret or change the Bidding Requirements or Contract Documents.
b) Agreement (or Contract Agreement): The written contract between the OWNER and the CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
c) Architect or Architect/Engineer: The architect or engineer authorized by the OWNER as its technical and/or design representative for the Project.
d) Bid: The offer or proposal of the bidder submitted on the prescribed form, setting forth the prices for the
Work to be performed.
e) Bidder: Any person, firm or corporation submitting a bid for the Work.
f) Bidding Documents: The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda).
g) Bonds: Bid, Performance, Payment and Maintenance Bonds and other instruments of security furnished by the CONTRACTOR and his/her surety in accordance with the Contract Documents.
h) Change Order: A written order to the CONTRACTOR authorizing an addition, deletion or revision in the Work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time.
i) Contract Documents: The Agreement, Addenda, CONTRACTOR's Bid, the Notice to Proceed, the
Bonds, the Contract Conditions, the Federal Requirements, the State Requirements, the Specifications (General, Detail or Technical) and the Drawings, together with all written amendments, Change Orders, field orders and written interpretations and/or clarifications.
j) Contract Price: The monies payable by the OWNER to the CONTRACTOR for completion of the
Work in accordance with the Contract Documents as stated in the Agreement.
k) Contract Time: The number of days or the dates stated in the Agreement: 1) to achieve Substantial Completion; and 2) to complete the Work so that it is ready for final payment as evidenced by the Architect's or Engineer's written recommendation of final payment.
l) CONTRACTOR: The person, firm or corporation with whom the OWNER has entered into the Agreement.
m) Drawings (or Contract Drawings or Plans or Contract Plans): The Drawings which show the scope, extent, and character of the Work to be furnished and performed by the CONTRACTOR. Shop drawings are not Drawings as so defined.
n) Engineer or Architect/Engineer (A/E): The engineer or architect authorized by the OWNER as its technical and/or design representative for the Project. Wherever the term "Engineer" is used, it shall mean Engineer or Architect or other design professional acting as the OWNER's representative, as applicable.
o) Field Order: A written order effecting a change in the Work not involving an adjustment in the
Contract Price or an extension of the Contract Time issued by the engineer to the CONTRACTOR during construction.
p) Lump Sum Price: The amount bid as a single item for the Work complete and ready to use.
q) Materials: Materials incorporated or to be incorporated into the Contract Work or to be used in the operation of the completed improvements.
r) Minority Business Enterprise (MBE): A for-profit business concern that is one of the following:
1. A sole proprietorship, owned and controlled by a minority; or
2. A partnership or joint venture controlled by minorities in which 51% of the beneficial ownership interest is held by minorities; or
3. A corporation or other business enterprise controlled by minorities in which at least 51% of the voting interest and 51% of the beneficial ownership interest are held by minorities.
s) Minority Person: Persons who are citizens of the United States and who are African Americans, Hispanic Americans, Native Americans, or Asian-Pacific Americans.
t) Notice of Award: The written notice of the acceptance of the Bid from the OWNER to the successful bidder.
u) Notice to Proceed: A written notice given by the OWNER (or its representative) to the CONTRACTOR fixing the date on which the Contract Times will commence to run; and on which the CONTRACTOR shall start to perform its obligations under the Contract Documents.
v) OWNER: The public body or authority, corporation, association, firm or person with whom the
CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.
w) Plans: (see "Drawings").
x) Project: The undertaking to be performed as provided in the Contract Documents.
y) Resident Project Representative: Any authorized representative of the OWNER who is assigned to the project site or any part thereof, including the ENGINEER and the ENGINEER's authorized representative.
z) Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the CONTRACTOR, a subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the Work shall be fabricated or installed.
aa) Small Business Enterprise (SBE): A for-profit business concern employing fewer than 500 employees.
bb) Specifications: A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards, and workmanship.
cc) Subcontractor: An individual, firm or corporation having a direct contract with the CONTRACTOR or with any other subcontractor for the performance of a part of the Work at the site.
dd) Substantial Completion: The Work (or a specified part thereof) has progressed to the point where, in the opinion of the ENGINEER (as evidenced by a definitive certificate of substantial completion), it is sufficiently complete so that the Work or specified part can be utilized for the purposes intended. Use of this term is referenced to the "Public Works Contract Regulation Law," Act No. 317 of 1978 as amended by Act. No. 200 of 1982.
ee) Supplemental Unit Prices: The unit prices included on the CONTRACTOR’s Bid which apply to increasing or decreasing the Project quantities on the basis of Unit Price payment. (See "Unit Price").
ff) Supplementary Conditions: The part of the Contract Documents which amends or supplements these Contract Conditions.
gg) Supplier: A manufacturer, fabricator, supplier, distributor, material man or vendor having a direct contract with the CONTRACTOR or with any subcontractor to furnish materials or equipment to be incorporated into the Work.
hh) Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Use of this term is referenced to the “Pennsylvania Underground Utility Line Protection Law”. Act No. 287 of 1974 as amended by Act 121 of 2008 et. seq.
ii) Unit Price: Any price bid under the respective items of the Proposal Form, whether such price be per unit of measurement, per each or per lump sum.
jj) User: When used in relationship to a utility, shall mean the utility owner or utility operator.
Use of this term is referenced to the “Pennsylvania Underground Utility Line Protection Law”, Act No. 287 of 1974 as amended by Act 121 of 2008 et. seq.
kk) Women’s Business Enterprise (WBE): A for-profit business concern that is:
1. A sole proprietorship, owned and controlled by a woman; or
2. A partnership or joint venture controlled by women in which at least 51% of the beneficial ownership is held by women; or
3. A corporation or other business enterprise controlled by women in which at least 51% of the voting interest and 51% of the beneficial ownership interest are held by women.
ll) Work: The entire construction or the various, separately identifiable parts thereof, required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents.
mm) Written Notice: Any notice to any part of the Agreement relative to any part of this Contract in writing and considered delivered and the service thereof completed when posted by Certified or Registered Mail to the said party at his/her last given address or delivered in person to said party or his/her authorized representative on the Work.
Wherever, in the Contract Documents, the word "directed," "required," "permitted," "ordered,"
"designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the OWNER or ENGINEER is intended; and, similarly, the words "approved," "acceptable," "satisfactory," or words of like import shall mean approved by, acceptable to, suitable to or satisfactory to the OWNER or ENGINEER in each case.
Wherever in the Contract Documents the words "supervision," or "superintendence," or words of like import are used, it shall be understood that supervision or superintendence by the CONTRACTOR is intended.
1.2 SCOPE OF WORK
The Work to be done under this Contract, as shown on the Contract Plans and Specifications, shall include the furnishing and complete installation of all materials and any other necessary Work required for proper completion, operation, and use of the facilities.
All of the equipment, materials and labor that may be necessary to complete the Work and place it in satisfactory operation, implied or intended in the Plans and Specifications, shall be furnished and/or installed without extra cost to the OWNER.
The titles or headings of the various divisions, sections, paragraphs, subparagraphs or of Drawings, and the Table of Contents and the indices, as used in any of the Contract Documents are for convenience of reference only and are not intended to limit and shall not be construed as in any way limiting the application of the text.
SECTION 2 – CONTRACT AND CONTRACT DOCUMENTS
2.1 GENERAL
The Contract Documents comprise the following documents, including all additions, deletions and modifications incorporated therein before the execution of the Contract Agreement.
2.2 BIDDING DOCUMENTS
Bidding Documents issued by the OWNER to assist bidders in preparing their proposals include:
2.2.1 Advertisement for Bids (or Invitation for Bids)
2.2.2 Information for Bidders (or Instructions to Bidders)
2.2.3 Proposal Form or "Bid" - The offer of a bidder to perform the Work described by the Contract Documents made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.
2.2.4 Bid Security - A cashier's check, certified check, or Bid Bond shall accompany the Proposal Form submitted by the bidder as a guaranty that the bidder will enter into an Agreement with the OWNER for the construction of the Work if the Contract is awarded to him/her.
2.2.5 Addenda to Contract Documents - Any addenda issued during the time of bidding or forming a part of the Contract Documents in the possession of the bidder for the preparation of his/her Proposal, shall be covered in the Proposal Form and shall be made a part of the Contract.
Receipt of each Addendum shall be acknowledged in the Proposal Form, and a receipted copy shall be submitted with the Bid.
2.2.6 Any certifications, forms, affidavits or required attachments to the Bid as required by the
Contract Documents.
2.3 CONTRACTUAL DOCUMENTS
2.3.1 Agreement (or Contract Agreement) covers the performance of the Work described in the Contract Documents, including all supplemental addenda thereto and all general and special specifications and provisions pertaining to the Work or materials therefore. The Agreement also includes any required certifications, forms, affidavits or required attachments submitted by the CONTRACTOR as a part of his/her Bid.
2.3.2 Bonds - The CONTRACTOR shall, before the time of his/her execution of the Contract
Agreement, furnish bonds in a form prescribed by the OWNER and with a Surety Company authorized to do business in the State where the Work is located as follows:
1) Performance Bond in an amount equal to one hundred percent of the Contract Amount as a guarantee of good faith on the part of the CONTRACTOR to execute the Work in accordance with the terms of the Contract.
2) Labor and Material Payment Bond in an amount equal to one hundred percent of the Contract Amount as a guarantee of good faith on the part of the CONTRACTOR to make all payments for labor and material in connection with the Contract.
3) Insurance policies or certificates as specified.
2.4 PLANS AND SPECIFICATIONS
The intent of the Plans and Specifications is that the CONTRACTOR shall furnish all labor, materials, equipment, and transportation necessary for the proper execution of the Work, unless specifically noted otherwise. The CONTRACTOR shall do all the Work outlined in the Contract Documents and all incidental Work necessary to complete the Project in a substantial and acceptable manner, and fully complete the Work or improvement, ready for use, occupancy, and operation by the OWNER.
Any discrepancies found between the Drawings and Specifications and site conditions or any inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to the ENGINEER, who shall promptly correct such inconsistencies or ambiguities in writing. Any Work done by the CONTRACTOR after his/her discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR's risk.
Each requirement appearing in any one of the Contract Documents is as binding as though it were repeated or shown in every one of the Documents. In case of any discrepancy or conflict between or among two or more of said documents, except as otherwise ruled by the OWNER, figured dimensions shall control scaled dimensions, larger scale superseding smaller scale, Plans shall control Specifications, and, in general, a special or detail specification shall control a general or standard specification or plan relative to the same subject.
In any and all cases of discrepancy in figures, Drawings or Specifications, the matter shall be submitted immediately by the CONTRACTOR to the ENGINEER for his/her decision.
2.5 NOTICE OF CHANGE OF ADDRESS
It shall be the duty of each party to advise the other parties to the Contract Agreement by written notice as to any change in his/her business address until completion of the Contract.
2.6 ASSIGNMENT OF CONTRACT
Neither the CONTRACTOR nor the OWNER shall sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his/her right, title or interest therein, or his/her obligations thereunder, without written consent of the other party.
2.7 MODIFICATION OF CONTRACT
2.7.1 Changes Initiated by OWNER
If changes are necessary to carry out and complete more fully or perfectly the Work to be performed under the Contract, the Contract may be modified. The Contract may only be changed by written order of the OWNER. The CONTRACTOR shall acknowledge, in writing, the receipt of every such order. If the changes increase the cost of performing the Work, the increased cost shall be paid by the OWNER. If such changes reduce the cost of performing the Work, the amount of such reduction shall be credited to the OWNER. No consequential loss of profit on Work not executed shall be paid to the CONTRACTOR.
The amount of compensation to be paid to the CONTRACTOR or credited to the OWNER for any changes to the Contract, as so ordered, shall be determined as indicated in Subsection…
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