Proposal Acknowledgement.pdf

COLLIER TOWNSHIP – CONTRACT NO. 26-D01

STRUCTURE DEMOLITION C-1 PROPOSAL

PROPOSAL ACKNOWLEDGEMENT

TO: CHAR-WEST COUNCIL OF GOVERNMENTS

ONE VETERANS WAY, SUITE 202

CARNEGIE, PENNSYLVANIA 15106

FOR: CONTRACT NO. 26-D01

4237 THOMS RUN ROAD STRUCTURE DEMOLITION (CD 51 3.11.4)

TOWNSHIP OF COLLIER

Pursuant to and in compliance with the request for bids on the above captioned work, the undersigned offers to furnish all labor, superintendence, materials, supplies, equipment, plant and other facilities and utilities for, to perform all work necessary or incidental to the construction of CONTRACT NO. 26-D01 – 4237 THOMS RUN ROAD STRUCTURE DEMOLITION (CD 51 3.11.4) (COLLIER TOWNSHIP), complete in every respect, in strict accordance with the Contract Documents including the Advertisement, Instructions for Bidders, Proposal, General Conditions, Special Conditions, Supplemental General Conditions, Contract, Bonds, Technical Specifications, Erosion Control Plan, Standard Drawings and Construction Drawings, all of which are considered part of this Contract, and which are on file in the office of the CHAR-WEST COUNCIL OF GOVERNMENTS, One Veterans Way, Suite 202 Carnegie, Pennsylvania 15106, and in the office of LSSE CIVIL ENGINEERS AND SURVEYORS, 846 Fourth Avenue, Coraopolis, Pennsylvania 15108-1522, and any future changes therein as provided in the Contract and project specifications, and to perform all other obligations imposed by the Contract for the prices named in the BID WORKSHEET submitted via PennBid bid submission referenced to herein as part of this Proposal Acknowledgement as “BID WORKSHEET.” The BID WORKSHEET is considered part and parcel of this Proposal Acknowledgement and as referred to in the complete contract documents.

It is understood that the estimated quantities of the various Unit Price Items listed in the Proposal are only approximate and are so listed only as a basis upon which the Owner may evaluate bids, and the undersigned bidder further agrees that if the final quantities of the unit price times tabulated above are greater or less than the estimated quantities, he will accept additions to, or deductions from the "Total Price Bid" as awarded, basing these additions or deductions upon the unit prices shown previously in the SCHEDULE OF PRICES. These additions or deductions will be accepted by the bidder regardless of the amount of the variations from the estimated quantities, which as stated above, are only approximate and are only for the use of the Owner.

STRUCTURE DEMOLITION C-2 PROPOSAL

The presentation in the BID WORKSHEET that are obviously unbalanced, may be sufficient cause for rejection of the entire Proposal, whether or not such Proposal is the lowest submitted.

Additional and extra work, if any, performed in accordance with the Contract Documents, shall be paid for as provided in the General Conditions.

This Document and all papers required by it and submitted herewith, the Contract and all papers made part thereof by its terms, are hereby made part of this Proposal.

The undersigned acknowledges receipt of the following addenda to the Contract Documents (see Instructions to Bidders regarding Addenda Acknowledgment):

ADDENDUM NO. ______ DATE: ___________________________

ADDENDUM NO. ______ DATE: ___________________________

ADDENDUM NO. ______ DATE: ___________________________

ADDENDUM NO. ______ DATE: ___________________________

The undersigned bidder hereby represents as follows:

(a) that he has visited and carefully examined the site of the work, has made such tests and examinations as he believes necessary to submit a bid based upon information secured by him independently, and not based on information coming from the Owner, or Engineer, and has carefully examined the Contract Documents;

(b) that no officer, agent, or employee of the Owner is personally interested, directly or indirectly in the Proposal and the accompanying Contract or the compensation to be paid hereunder;

(c) that this Proposal is made without connection with any person, firm or corporation making a Proposal for the same work, and is in all respects fair, and without collusion or fraud;

(d) that should the Owner notify the undersigned of its intention to award a contract to the undersigned based on this Proposal, including any combination of alterations, additions, deductions, or omissions, indicated or authorized by the Schedule of Prices or the Instructions to Bidders, the undersigned will furnish properly executed bonds and insurance certificates and will execute the proposed Contract within the time and in the forms and amounts required by the Contract Documents as defined in the Supplemental General Conditions, and that upon failure, neglect or refusal to do so, he shall forfeit to the Owner the Proposal Security accompanying this Proposal, not as a penalty but as liquidated damages;

(e) that he intends to be legally bound by the terms of this instrument;

STRUCTURE DEMOLITION C-3 PROPOSAL

(f) accompanying this Proposal is a Bid Bond in the amount of ___________________________ Dollars (10% of Bid) payable to the CHAR-WEST COUNCIL OF GOVERNMENTS which, it is agreed, shall be retained as liquidated damages by the Owner, if the undersigned fails to execute the Contract and furnish bonds as specified within ten (10) calendar days after notification to do so;

(g) to complete the work under this Contract will require THIRTY (30) calendar days from the date of written Notice to Proceed.

(h) in submitting this bid it is understood that the right is reserved by the Owner to reject any or all bids and to waive any informalities in the bidding.

(i) that this bid may not be withdrawn for a period of ninety (90) calendar days from the opening thereof.

(j) CONTRACTOR’S BILT RITE CERTIFICATION

a. The undersigned Contractor does hereby certify to the following:

b. First, this Certification is for the benefit of the Owner, the Engineer, and the Engineer's Consultants.

c. Second, Contractor acknowledges that: (1) the Engineer's obligations are to the Owner and that, in performing such obligations, the Engineer may increase the burdens and expense of the Contractor, its Subcontractors or the surety of any of them; (2) the Contractor has an independent duty and responsibility to review the Contract Documents prepared by the Engineer as to Constructability (meaning the difficulty) cost and time to build the Project as designed); and, therefore (3) the Contractor represents, certifies and warrants to the Owner, the Engineer and the Engineer's Consultants that:

i. The Contractor has its own in-house engineers and/or staff expertise who have reviewed the Contract Documents for Constructability and has fully satisfied itself and its subcontractors that the Project can be built as designed and within the cost, budget and schedule submitted to the Owner by the Contractor, or

ii. The Contractor has engaged independent Engineers and/or experts who have reviewed the Contract Documents for Constructability and has fully satisfied itself and its subcontractors that the Project can be built as designed and

STRUCTURE DEMOLITION C-4 PROPOSAL

within the cost, budget and schedule submitted to the Owner by the Contractor, or

iii. The Contractor has decided to forego any such review by any Engineer or expert and has accepted the risk that the difficulty, cost and time required to complete the Project as designed may be greater than its bid or any submitted cost estimate, budget or schedule for the Project, and therefore

d. The Contractor, on behalf of itself and all of its subcontractors and sub-subcontractors) does hereby waive the right to make any claim against the Owner, the Engineer or any of the Engineer's Consultants for this Project (whether such claim is based on contract, tort or any other legal doctrine) for any alleged increased difficulty, cost or delay in completion of the Project due to any alleged misrepresentation, error or omission in the Contract Documents, and

e. The Contractor agrees to indemnify and hold harmless the Owner, Engineer and all of the Engineer's Consultants from any and all claims brought by any subcontractor or anyone else working on the Project under the Contractors Agreement with the Owner for any and all attorneys fees and costs incurred by the Owner, the Engineer or any of the Engineer's Consultants in defending any Contractor or subcontractor claim for increased costs based on any alleged misrepresentation, error or omission in the Contract Documents, and that this indemnity includes any damages any of them are required to pay to such Contractor or subcontractor for alleged increased costs of construction or delay in completion of the Project), and

f. Contractor acknowledges the right of any such Engineer or

Engineer's Consultant to bring suit directly against the Contractor to recover or enforce this indemnity obligation, and

g. Contractor also certifies that it shall secure similar certifications from each of its Subcontractors for the Project waiving their rights to recover against the Owner or the Engineer or any of the Engineer's Consultants for increased costs of construction or delay in construction due to any alleged misrepresentation, error or omission in the Contract Documents. Should the Contractor fail to secure any such waiver, then that failure shall be deemed a material breach of this Contractor Certification and the measure of damages recoverable by the Owner, the Engineer or any of the Engineer's Consultants for this breach shall be all attorney’s fees

STRUCTURE DEMOLITION C-5 PROPOSAL

and costs expended in defending any such claim as well as any damages awarded against any of them because of such a claim.

h. Contractor also certifies that for utility line contracts (e.g. sanitary sewers, waterlines, and storm sewers) this certification applies to changes to horizontal and/or vertical alignment of the lines installed as may be necessitated by field conditions and/or other utility conflicts.

Dated: ______________________, 20____

ATTEST:

Secretary / Assistant Secretary Corporation - Contractor

President / Vice President

WITNESS:

_________________________ ______________________________ (Seal) Individual-Contractor

STRUCTURE DEMOLITION C-6 PROPOSAL

FOR INDIVIDUAL - CONTRACTOR

COMMONWEALTH OF PENNSYLVANIA :

: SS

COUNTY OF :

On this, the ______ day of ______________, _____, before me, a Notary Public, the undersigned officer, personally appeared ___________________________________, t/d/b/a __________________________________________________, known to me (or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

_____________________________ (SEAL)

Notary Public

My commission expires:

WITNESS:

____________________________ _____________________________ (Seal) Partnership-Contractor ____________________________ By __________________________ (Seal) Partner ____________________________ By __________________________ (Seal) Partner

BUSINESS ADDRESS __________________________________________

OF BIDDER __________________________________________

TELEPHONE NUMBER: __________________________________________

NAME OF CONTACT PERSON: __________________________________________