MWB 2026 Street Project 00100-1 Instructions to Bidders

DOCUMENT 00100

INSTRUCTIONS TO BIDDERS

1. Defined Terms.

Terms used in these Instructions to Bidders which are defined in the Standard General Con-ditions of the Construction Contract (No. 1910-

8) (1990 Edition) have the meanings assigned to them in the General Conditions.

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

1.1. Bidder-one who submits a Bid directly to

Owner as distinct from a sub-bidder, who sub-mits a bid to a Bidder.

1.2. Issuing Office-the office from which the

Bidding Documents are to be issued and where the bidding procedures are to be administered.

1.3. Successful Bidder-the lowest, responsible

and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter pro-vided) makes an award.

2. Copies of Bidding Documents.

2.1. All documents and solicitation details are

available at no cost on PennBid – https://pennbid.bonfirehub.com.

2.2. Complete sets of Bidding Documents

must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3. 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 confer a license or grant for any other use.

3. Qualifications of Bidders.

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after Bid opening upon Owner's request detailed written evidence such as finan-cial data, previous experience present commit-ments and other such data as may be called for below (or in the Supplementary Instructions).

Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

4. Examination of Contract Docu-ments and Site.

4.1. It is the responsibility of each Bidder be-

fore submitting a Bid:

4.1.1. To examine thoroughly the Con-

tract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below);

4.1.2. To visit the site to become familiar

with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

4.1.3. To consider federal, state and local

Laws and Regulations that may affect cost, pro-gress, performance or furnishing of the Work;

4.1.4. To study and carefully correlate

Bidder's knowledge and observations with the Contract Documents and such other related data;

and

4.1.5. To promptly notify Engineer of all

conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related doc-uments.

4.2. Reference is made to the Supplementary

Conditions for identification of-

4.2.1. Those reports of explorations and

tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "tech-nical data" contained in such reports but not up-on other data, interpretations, opinions or infor-

MWB 2026 Street Project 00100-2 Instructions to Bidders mation contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the pur-poses of bidding or construction.

4.2.2. Those drawings of physical condi-

tions in or relating to existing surface and sub-surface structures (except Underground Facili-ties) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" con-tained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construc-tion.

Copies of such reports and drawings will be made available by Owner to any Bidder on re-quest. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.2 of the General Conditions has been identified and established in Paragraph SC-4.2 of the Supple-mentary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information.

4.3. Information and data shown or indicated

in the Contract Documents with respect to exist-ing Underground Facilities at or contiguous to the site is based upon information and data fur-nished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplemen-tary Conditions.

4.4. Provisions concerning responsibilities for

the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Fa-cilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.

4.5. Before submitting a Bid each Bidder will

be responsible to obtain such additional or sup-plementary examinations, investigations, explo-rations, tests, studies and data concerning condi-tions (surface, subsurface and Underground Fa-cilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, se-quences or procedures of construction to be em-ployed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for per-forming and furnishing the Work in accordance with the time, price and other terms and condi-tions of the Contract Documents.

4.6. On request, Owner will provide each Bid-

der access to the site to conduct such examina-tions, investigations, explorations, tests and stud-ies as each Bidder deems necessary for submis-sion of a Bid. Bidder must fill all holes and clean up and restore the site to its former condi-tions upon completion of such explorations, in-vestigations, tests and studies.

4.7. Reference is made to the Supplementary

Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examina-tion access to or copies of Contract Documents (other than portions thereof related to price) for such work.

4.8. The submission of a Bid will constitute an

incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, tech-niques, sequences or procedures of construction (if any) that may be shown or indicated or ex-pressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Doc-uments and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.9. The provisions of 4.1.1 through 4.8, inclu-

sive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste

MWB 2026 Street Project 00100-3 Instructions to Bidders or Radioactive Material covered by Paragraph

4.5 of the General Conditions.

5. Availability of Lands for Work, etc.

The lands upon which the Work is to be per-formed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary con-struction facilities, construction equipment or storage of materials and equipment to be incor-porated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facil-ities are to be obtained and paid for by Owner unless otherwise provided in the Contract Doc-uments.

6. Interpretations and Addenda.

6.1. All questions about the meaning or intent

of the Bidding Documents are to be directed to Engineer. Interpretations or clarifications con-sidered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents.

Questions received less than ten days prior to the date for opening of Bids may not be answered.

Only questions answered by formal written Ad-denda will be binding. Oral and other interpreta-tions or clarifications will be without legal effect.

6.2. Addenda may also be issued to modify the

Bidding Documents as deemed advisable by Owner or Engineer.

7. Bid Security.

7.1. Each Bid must be accompanied by Bid

security made payable to Owner in an amount of ten percent of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions.

7.2. The Bid security of Successful Bidder

will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the No-tice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the sixty first day after the Bid opening, where-upon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening.

8. Contract Times.

The number of days within which, or the dates by which, the Work is to be substantially com-pleted and also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form).

9. Liquidated Damages.

Provisions for liquidated damages, if any, are set forth in the Agreement.

10. Substitute and ”Or Equal" Items.

The Contract, if awarded, will be on the basis of materials and equipment described in the Draw-ings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Con-tractor and consideration by Engineer is set forth in Paragraphs 6.7.1, 6.7.2 and 6.7.3 of the Gen-eral Conditions and may be supplemented in the General Requirements.

MWB 2026 Street Project 00100-4 Instructions to Bidders

11. Subcontractors, Suppliers and

Others.

11.1 Submit the appropriate Document 00400

and Appendix A concurrent with the Bid Form.

An Owner or Engineer who after due investiga-tion has reasonable objection to any proposed Subcontractor, Supplier, other person or organi-zation, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.

11.2. In contracts where the Contract Price is on

the basis of Cost-of-the-Work Plus a Fee, appar-ent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent.

11.3. No Contractor shall be required to employ

any Subcontractor, Supplier, other person or or-ganization against whom Contractor has reason-able objection.

12. Bid Form.

12.1. The Bid Form included with the Bidding

Documents; may be obtained from PennBid – https://pennbid.bonfirehub.com.

12.2. All blanks on the Bid Form must be com-

pleted by printing in black text.

12.3. Bids by corporations must be executed in

the corporate name by the president or a vice-president (or other corporate officer accompa-nied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4. Bids by partnerships must be executed in

the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5. All names must be typed or printed in

black ink below the signature.

12.6. The Bid shall contain an acknowledgment

of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.7. The address and telephone number for

communications regarding the Bid must be shown.

12.8. Evidence of authority to conduct business

as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State con-tractor license number, if any, must also be shown.

13. Submission of Bids.

Bids shall be submitted electronically via PennBid by the time indicated in the Advertise-ment for Bids.

All Bidding Documents are available on PennBid – https://pennbid.bonfirehub.com.

14. Modification and Withdrawal of

Bids.

14.1. Bids may be modified or withdrawn by an

appropriate document duly executed (in the manner that a Bid must be executed) and deliv-ered to the place where Bids are to be submitted at any time prior to the opening of Bids.

14.2. If, within twenty-four hours after Bids are

opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be dis-qualified from further bidding on the Work to be provided under the Contract Documents.

15. Opening of Bids.

Bids will be opened (unless obviously non-responsive) online with results publicly posted via PennBid. An abstract of the amounts of the base Bids and major alternates (if any) will be

MWB 2026 Street Project 00100-5 Instructions to Bidders made available to Bidders after the opening of Bids.

16. Bids to Remain Subject to Ac-ceptance.

All Bids will remain subject to acceptance for sixty-one days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. Award of Contract

17.1. Owner reserves the right to reject any or

all Bids, including without limitation the rights to reject any or all nonconforming, nonrespon-sive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqual-ified or of doubtful financial ability or fails to meet any other pertinent standard or criteria es-tablished by Owner. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negoti-ate contract terms with the Successful Bidder.

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. Discrepancies between words and figures will be resolved in favor of the words.

17.2. In evaluating Bids, Owner will consider

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

17.3. Owner may consider the qualifications

and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the iden-tity of Subcontractors, Suppliers, and other per-sons and organizations must be submitted as provided in the Supplementary Conditions.

Owner also many consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

17.4. Owner may conduct such investigations as

Owner deems necessary to assist in the evalua-tion of any Bid and to establish the responsibil-ity, qualifications and financial ability of Bid-ders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

17.5. If the contract is to be awarded, it will be

awarded to lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

17.6. If the contract is to be awarded, Owner

will give Successful Bidder a Notice of Award within sixty-one days of the Bid opening.

18. Contract Security.

Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. IN accordance with the Notice of Intent to Award, these Bonds shall be executed and returned to the owner within five (5) days after receipt of the Notice of Intent to Award.

19. Signing of Agreement.

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Doc-uments attached. Within ten days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required insurance certificates. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accom-panied by a complete set of the Drawings with appropriate identification.

MWB 2026 Street Project 00100-6 Instructions to Bidders

20. Special Legal Requirements.

Reference shall be made to the Supplemen-tary Conditions bound herewith.

21. Contracts to be Assigned.

Owner has not executed contracts related to the Work with others.