2-83250-126-1-25 Required Bid Documents.pdf

00300-1

SECTION 00300

FORM OF PROPOSAL

TO: Nether Providence Township FROM:

214 Sykes Lane Wallingford, PA 19086 Phone:

Fax:

DUNS #:

Email:

Dear Commissioners:

The undersigned, having familiarized himself with the existing conditions in the Project Area affecting the cost of the Work, and with the Contract Documents which includes the Notice to Bidders, Instructions to Bidders, Non-Collusion Affidavit, Form of Proposal, Bid Bond, Articles of Agreement, Performance Bond, Labor and Materials Bond, General Conditions, Special Conditions and Technical Specifications and Drawings, as prepared by Catania Engineering Associates, Inc., Consulting Engineers, 520 W. Mac Dade Boulevard, Milmont Park, PA 19033 (610-532-2884), hereby proposes to furnish and install all supervision, technical personnel, labor, materials, machinery, tools, appurtenances and equipment required for Beatty Run Bridge Improvements in accordance with the above listed documents for the total sum of:

AMOUNT IN WRITING

AMOUNT IN FIGURES

based on the following:

Item Description Quantity Unit

Price Total

1. Replacement of Stonework 1 LS $ /LS $

2. Vegetation and Weed Removal 1 LS $ /LS $

3. Crack Sealing 1 LS $ /LS $

4. Repair and Backfill Wall Backside 1 LS $ /LS $

TOTAL

In submitting this Bid, the Bidder understands that the right is reserved by the Owner to reject any and all Bids. If written notice of the acceptance of this Bid is mailed, telegraphed or delivered to the undersigned within 30 days after the opening thereof, or at any time thereafter before this Bid is withdrawn, the undersigned agrees to execute and deliver an Agreement in the prescribed form and furnish the required bond within 10 days after the Agreement is presented to him for signature.

Security in the sum of Dollars ($ ) in the form of is submitted herewith in accordance with the INSTRUCTIONS TO

BIDDERS.

Attached hereto is an affidavit in proof that the undersigned has not colluded 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.

00300-2

The Bidder is prepared to submit a Financial and Experience Statement and Bidder's Qualifications

Statement upon request.

CERTIFICATION OF NONSEGREGATED FACILITIES

The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity Clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage areas, transportation and facilities provided for employees which are segregated on the basis of race, color, religion, or natural origin because of habit, local custom or otherwise the Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time period) he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. Paragraph 1001.

Date: , 20 .

BIDDER

BY

TITLE

Official Address & Phone Number:

PHONE:

WE HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM # DATED .

00300-3

WORKER'S CLASSIFICATION

A list of the classes of all workers to be used on this project must be included with your Form of Proposal.

This must include classes for any and all sub-contractors to be utilized.

00300-4

SUBCONTRACTOR DECLARATION FORM

Each prime contractor is required to submit a list of subcontractors it intends to use on the project.

Subcontractor Business Address Type of Work

Project Name Prime Contractor Signature

00310-1

SECTION 00310

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE, as PRINCIPAL, and as SURETY, are held and firmly bound unto the (hereinafter called the OWNER), in the penal sum of ($ ) lawful money of the United States, for payment of which sum well and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THE OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated for .

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the time specified therein after the opening of the same, and shall within 10 days after the Principal is notified by the Owner of the award of such Contract to him, 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 and labor supplied, if required in said Contract; or in event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required materials or supplies, or both, if the latter amount of the former, together with any other expenses and costs that may have been incurred by the Owner, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above bonded 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 presents duly signed by its undersigned representative, pursuant to authority of its governing body.

WITNESSED BY:

(Individual Principal) (Name of Partner)

(Business Address)

ATTEST:

(Corporate Principal) (Corporate Surety)

By:

(Business Address)

SEAL

(Power of Attorney for person signing for Surety Company must be attached to Bond.)

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation as Principal in the within bond; and that who signed the said bond on behalf of the Principal was then the of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested to for an in behalf of said corporation by the authority of its governing body.

(Corporate Seal)

We, the undersigned, will provide as Principal, a Performance and Payment Bond on the form provided, to the Owner in the penal sum of the Principal's bid for

(Surety)

(Address) Date:

Signed:

(Attorney-in-fact)

00320-1

SECTION 00320

NON-COLLUSION AFFIDAVIT

State of :

County of :

I, the undersigned, state 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:

The price(s) and amount(s) of this Bid have been arrived at independently and without consultation, communication or agreement with any other Contractor, Bidder or potential Bidder.

Neither the price(s) nor the amount(s) of this Bid, and neither the approximate price(s) nor approximate amount(s) 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.

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 any intentionally high or competitive Bid or other form of Complementary Bid.

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.

This firm, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last 4 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:

I state that this firm understands and acknowledges that the above representations are material and important, and will be relied on by the Owner 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 the Owner of the true facts relating to the submission of Bids for this Contract.

FIRM

NAME

TITLE

SWORN TO AND SUBSCRIBED BEFORE ME

THIS DAY 20 .

NOTARY PUBLIC

MY COMMISSION EXPIRES .

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this Bid. According to the Pennsylvania Anti-Rigging Act, 73 P.S. §§

1611 eq seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with Bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the Bidder who makes the final decision on prices and the amount quoted in the Bid.

3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawfully and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the Bidder with responsibilities for the preparation, approval or submission of the Bid.

4. In the case of a Bid submitted by a joint venture, each party to the venture must be identified in the Bid Documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "Complementary Bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of Bids higher than the Bid of another firm, any intentionally high or noncompetitive Bid, and any other form of Bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an affidavit in compliance with these instructions may result in disqualification of the Bid.

00330-1

SECTION 00330

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 additional information if he so 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. List experience in construction work similar in importance to this project:

13. List background and experience of the principal members of your organization, including the officers:

14. List credit available: $

15. List bank references:

16. Will you, upon request, fill out a detailed financial statement and furnish any other information which may be required by the Owner?

17. 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.

Bidder:

By:

Title:

Dated this day of , 20 .

State of County of :

being duly sworn deposes and says that he is of and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this day of , 20 .

Notary Public My commission expires:

00440-1

AFFIDAVIT RE:

ACCEPTING PROVISIONS OF THE WORKER'S COMPENSATION ACT

STATE OF :

COUNTY OF :

being duly sworn according to law disposes and says that (they, he, it) (has, have) accepted the provisions of the Worker's Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and (has, have) insured (his, their, its) liability thereunder in accordance with the terms of said Act with (Company)

Type or Print Name of Contractor

BY:

(Title)

Sworn to and subscribed before me this day of , 20____.

(Notary Public)

My commission expires:

(Date)

00510-2

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date

Business or Organization Name (Employer)

Address

City State_ Zip Code

Contractor Subcontractor ( c h e c k one)

Contracting Public Body Nether Providence Township

Contract/Project No 83250-126-4

Project Description Houston Park - Beat ty Run Br idge Improvements

Project Location Nether Providence Township

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

00605-1

SECTION 00605

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

The Grantee agrees:

1. In the hiring of any employee(s) for the manufacturer of supplies, performance of work or any other activity required under the grant agreement or subgrant agreement, contract or subcontract, the Grantee, a subgrantee, a contractor, subcontractor, or any person acting on behalf of the Grantee shall not discriminate in violation of the Pennsylvania Human Relations Act (PHRA) and applicable federal laws against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

2. The Grantee, any subgrantee, contractor or any subcontractor or any person on their behalf shall not in any manner discriminate in violation of the PHRA and applicable federal laws against or intimidate any of its employees.

3. The Grantee, any subgrantee, contractor or any subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where grant services are performed shall satisfy this requirement.

4. The Grantee, any subgrantee, contractor or any subcontractor shall not discriminate in violation of the PHRA and applicable federal laws against any subgrantee, contractor, subcontractor or supplier who is qualified to perform the work to which the grant relates.

5. The Grantee and each subgrantee, contractor and subcontractor represents that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws and regulations relating to nondiscrimination and sexual harassment. The Grantee and each subgrantee, contractor and subcontractor further represents that it has filed a Standard Form 100 Employer Information Report (“EEO-1”) with the U.S.

Equal Employment Opportunity Commission (“EEOC”) and shall file and annual EEO-1 report with the EEOC as required for employers subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Grantee, any subgrantee, any contractor or any subcontractor shall upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to their books, records, and accounts by the granting agency and the Bureau of Small Business Opportunities (BSBO), for the purpose of ascertaining compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause.

6. The Grantee, any subgrantee, contractor or any subcontractor shall include the provisions of this

Nondiscrimination/Sexual Harassment Clause in every subgrant agreement, contract or subcontract so that those provisions applicable to subgrantees, contractors or subcontractors will be binding upon each subgrantee, contractor or subcontractor.

7. The Granter’s and each subgrantee’s, contractor’s and subcontractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the grant agreement through the termination date thereof. Accordingly, the Grantee and each subgrantee, contractor and subcontractor shall have an obligation to inform the Commonwealth if, at any time during the term of the grant agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

8. The Commonwealth may cancel or terminate the grant agreement and all money due or to become due under the grant agreement and all money due or to become due under the grant agreement may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee, subgrantee, contractor, or subcontractor I the Contractor Responsibility File.

Based on Management Directive 215.16 amended (2/24/15).

Contractor