43-Doc 00 45 10 - BIDDERS ACKNOWLEDGEMENT FORM.pdf

BIDDER’S ACKNOWLEDGEMENT FORM

00 45 10-1

DOCUMENT 00 45 10

PROJECT IDENTIFICATION: Montgomery Township – Whistlestop Park

CONTRACT NUMBER: 2022-01256.01

ARTICLE 1 – BID RECIPIENT

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 - BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

ARTICLE 3 - BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all of which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and

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

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.

E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

00 45 10-2

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder.

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

ARTICLE 4 - BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01 D.:

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

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

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

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

ARTICLE 5 - BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents at the prices indicated for each line item specified in the bid form.

5.02 Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions.

00 45 10-3

5.03 Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents.

5.04 Bidder acknowledges understanding of Article 19 of the Instructions to Bidder (00 21 13) regarding the evaluation of the Bids regarding the Base Bid and Add Alternate Bid. The Bid is presented as a Base Bid and an Add Alternate Bid. If the contract is to be awarded, award will be based on the total combination of items selected by the Owner to be included in the contract. This could include only the Base Bid or it could include the combination of the Base Bid and the Add Alternate Bid.

ARTICLE 6 - TIME OF COMPLETION

6.01 Bidder agrees that the Work will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement.

ARTICLE 7 - ATTACHMENTS TO THIS BID

7.01 The following documents are submitted along with this document and made a condition of this Bid:

A. Bid Form (Document 00 41 00) B. Bid Bond Form (Document 00 43 13) or other Bid Security

C. Bidder Acknowledgement Form (Document 00 45 10) D. Bidder Qualification Statement Form (Document 00 45 13) or Construction Contractor's

Qualification Statement for Engineered Construction (AGC Document No. 220) E. Non-Collusion Affidavit Form (Document 00 45 19)

F. Agreement of Surety Form (Document 00 45 53) G. Certificate of Insurance (Document 00 62 16) H. Public Works Employment Verification Form (Document 00 73 00 Appendix B) I. List of Proposed Subcontractors, Proposed Suppliers, and other individuals and entities required to be identified in this Bid.

ARTICLE 8 - COMMUNICATIONS

8.01 Communications concerning this Bid shall be addressed to the following individual:

If the address, telephone number, and fax number of the above individual is different than noted at the end of the Bid Form, note the address, telephone number, and fax number of the above individual:

Business Address:

Telephone No.: (____)

Fax No. (____)

Email:

00 45 10-4

ARTICLE 9 - DEFINED TERMS

9.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 10 - BID SUBMITTAL

10.01 This Bid is submitted on , 20 . by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

By:

(Signature of general partner – attach evidence of authority to sign)

Name (typed or printed):

Title:

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):

By:

(Signature – attach evidence of authority to sign)

Name (typed or printed):

Title:

Attest

Date of Qualification to do business in Pennsylvania is ____/____/____.

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name: (SEAL)

(Signature of first joint venture partner – attach evidence of authority to sign)

00 45 10-5

Name (typed or printed):

Title:

Second Joint Venturer Name: (SEAL)

(Signature of second joint venture partner – attach evidence of authority to sign)

Name (typed or printed):

Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder’s Business Address

Telephone No. Fax No.

Email

END OF DOCUMENT