1-25663 - PAJA - REPLACE SEWER PLANT SHINGLE ROOF - BID PACKAGE.pdf

PERRYOPOLIS AREA JOINT AUTHORITY

FAYETTE COUNTY, PENNSYLVANIA

CONTRACT DOCUMENTS

FOR THE

REPLACE SEWER PLANT SHINGLE ROOF

August 2025

PREPARED BY:

WIDMER ENGINEERING INC.

225 West Crawford Avenue

Connellsville, PA 15425

(724) 626-1909 - Phone

(724) 626-8509 - Fax

WE #25663

TABLE OF CONTENTS

DESCRIPTION PAGE

ADVERTISEMENT FOR BIDS AD-1

INSTRUCTIONS TO BIDDERS C-200-1

BID FORM C-410-1

BID BOND BB-1

QUALIFICATIONS STATEMENT QS-1

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM PW-1

STIPULATION AGAINST LIENS SAL-1

WORKERS COMPENSATION ACT AFFIDAVIT P-1

NONDISCRIMINATION CLAUSE NDC-1

NOTICE OF AWARD NA-1

AGREEMENT AG-1

PERFORMANCE BOND PFB-1

PAYMENT BOND PB-1

GENERAL CONDITIONS

Article 1 Definitions and Terminology 1 Article 2 Preliminary Matters 6 Article 3 Documents: Intent, Requirements, Reuse 8 Article 4 Commencement and Progress of the Work 10 Article 5 Availability of Lands: Subsurface and Physical Conditions: Hazardous Environmental Conditions Article 6 Bonds and Insurance 19 Article 7 Contractor’s Responsibility 26 Article 8 Other Work at the Site 38 Article 9 Owner’s Responsibility 40 Article 10 Engineer’s Status During Construction 41 Article 11 Amending the Contract Documents; Changes in the Work 43 Article 12 Claims 47 Article 13 Cost of the Work; Allowances; Unit Price Work 48 Article 14 Tests and Inspections; Correction, Removal, or Acceptance 52 of Defective Work

Article 15 Payments to Contractor; Set-Offs; Completion; Correction Period 55 Article 16 Suspension of Work and Termination 62 Article 17 Final Resolution of Disputes 64 Article 18 Miscellaneous 64

NOTICE TO PROCEED NP-1

DESCRIPTION PAGE

CONTRACTOR’S APPLICATION FOR PAYMENT CAP-1

CONTRACT CHANGE ORDER CCO-1

CERTIFICATE OF SUBSTANTIAL COMPLETION CSC-1

PENNSYLVANIA PREVAILING WAGE RATES

TECHNICAL SPECIFICATIONS (SEE TABLE OF CONTENTS

OF TECHNICAL SPECIFICATIONS)

EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

ADVERTISEMENT FOR BIDS

PERRYOPOLIS AREA JOINT AUTHORITY

FAYETTE COUNTY, PENNSYLVANIA

NEW ASPHALT ROOF ON SEWER PLANT

Sealed Bids for the replacement of asphalt roof at the Perryopolis Sewer Plant will be received by

Perryopolis Area Joint Authority at 314 Independence Street, P.O. Box 298, Perryopolis, PA 15473, electronically via PennBid at https://pennbid.bonfirehub.com until 3:30 P.M. local time on Tuesday, September 9, 2025, at which time the Bids received will be publicly opened and read at 7:00 P.M.

during Perryopolis Area Joint Authority’s regularly scheduled monthly meeting.

The Authority is replacing the roof on the sewer plant located at 465 Layton Road in Perryopolis with 30 year shingles white in color.

Pre-Bid conference WILL NOT be held. Any questions concerning the project, locations, and the bidding procedure shall be submitted via the “Ask a Question” feature in PennBid.

The Issuing Office for the Bidding Documents is: Widmer Engineering Inc., 225 West Crawford Avenue, Connellsville, PA 15425. Bidder/Proposal Documents can be obtained at no cost on PennBid at https://pennbid.bonfirehub.com/. Bids must be submitted electronically via Pennbid by the date and time indicated. Hard copies will not be distributed.

A 10% Bid Bond is required to execute the agreements for the Project. Prevailing Wages will be required.

Addenda, if any, will be issued via a Public Notice and posted on Pennbid. Bidders who have registered with and downloaded documents for this project from PennBid will be notified by email when a change or addenda has been posted.

Owner: Perryopolis Area Joint Authority

By:

Title: Chairman

Date: August 22 and August 29, 2025

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INSTRUCTIONS TO BIDDERS

1. DEFINITIONS

Whenever in these Contract Documents the following words, terms and expressions, or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

Owner: Party of the First Part or First Party to this Contract, acting directly or through any agency, officer or employee duly authorized to act for the said party in the execution of the work required by this Contract.

Engineer: The person or organization duly authorized by the Owner to observe and inspect the execution of this Contract, acting directly or through properly authorized agents, engineers, assistants, inspectors, superintendents or other representatives acting severally within the scope of the particular duties entrusted to them.

Contractor: Party of the Second Part or Second Party to this Contract, acting directly or through his authorized lawful agents, legal representatives, or employees, appointed to act for said party in the performance of the work under Contract, or the Surety in case of default.

Surety or Sureties: The corporate body or bodies approved by the Owner, who are bound with and for the Contractor and who are primarily liable for the satisfactory and acceptable execution and fulfillment of this Contract, and/or the prompt payment in full for labor and materials as provided in the bonds.

Contract: The written agreement executed by and between the Owner and the successful Bidder including collectively all of the Contract Documents, covering the performance of the work and the furnishing of labor and materials in the construction of the Project. Also, any and all supplemental agreements which could reasonably be required to complete the construction contemplated.

Contract Documents: The Contract Documents consist of the Advertisement for Bids, Instruction to Bidders, Bid Proposal, Certification of Non-Segregated Facilities, Bid Bond, Non-Collusion Affidavit of Prime Bidder, Statement of Bidder's Qualifications, Wage Rates, Addenda (if any), Notice of Award, Agreement, Nondiscrimination Clause, Stipulation Against Liens, Performance Bond, Labor and Material Payment Bond, Detailed Breakdown of Lump Sum Bid (if any), Notice to Proceed, Application and Certificate for Payment, Continuation Sheet, Change Order(s) (if any), Certificate of Substantial Completion, Maintenance Bond, General Conditions, Drawings and Technical Specifications.

Specifications: Collectively, all of the definitions, descriptions, directions, provisions, requirements, terms and stipulations contained in the Contract Documents, and all written supplements thereto, made or to be made, pertaining to the Contract, and the materials and workmanship to be furnished under the Contract.

Drawings or Plans: Collectively, all of the drawings or plans (or reproductions of them) pertaining to the construction of the Project and attached to the Contract or otherwise made a part thereof. Also, such supplementary drawings as the Engineer may issue from time to time in order to elucidate or clarify said Contract Drawings, or for showing details which are not shown thereon, or for the purpose of showing changes in the work as authorized under Article 27 of the section entitled General Conditions.

Contract Price: The lump sum(s) or unit price(s) bid by the Contractor and named in the

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Proposal, or the total of all payments made or to be made under the Contract at the lump sum(s) or unit price(s), as the case may be.

Bidder: Any individual, firm or corporation submitting a Proposal for the work contemplated herein, acting directly or through a duly authorized representative.

Proposal or Bid or Bid Proposal: The written offer of a Bidder submitted on the approved form prepared for the purpose, to perform the work and to furnish the labor and materials embraced in this Contract, for the consideration of payment at the prices stated.

Proposal Security: The required security furnished with the proposal by a Bidder as guaranty of his ability and intent to qualify for award of the Contract and to enter into a Contract with the Owner for the performance of the work and to furnish satisfactory bonds, as required, if the work involved in the proposal is awarded to him. This may be a money deposit in the form of a draft or a certified check on a solvent bank, or, if permitted, a bid bond.

Certified Check: When the Advertisement indicates that a certified check is required, each Bidder shall submit with his proposal a certified check drawn upon a solvent clearing house bank, and the Bidder who has had the Contract awarded to him and who fails to promptly and properly execute the required Contract and bonds shall forfeit said check.

Bid Bond: When permitted, in lieu of certified checks, bid bonds to be approved by the Owner, may be furnished by the Bidders and their Sureties, conditioned upon the successful Bidder promptly and properly executing the required Contract and bonds.

Performance Bond: The approved and executed form of security furnished by the Contractor and his Surety as a guaranty of good faith to execute and complete the work in accordance with the terms of the Contract Documents.

Labor and Material Payment Bond: The approved and executed form of security furnished by the Contractor and his Surety as a guaranty of good faith to promptly pay or cause to be paid in full such sums as may be due for material furnished and/or labor supplied or performed, services rendered in the prosecution of the work under the Contract.

Notice to Proceed: A written notice to the Contractor, from the Owner or Engineer, of the date on or before which the former is to begin prosecution of the work and on which the Contract period starts.

Project: All the necessary performance and materials required for the satisfactory completion of the work under the Contract as described in the other Contract Documents.

Site: The area which has been secured or reserved by the Owner for use in the performance of the Contract.

Final Estimate: The estimate made by the Engineer to the Owner of the final price of all work performed under the Contract.

Subcontractor: A person, firm or corporation having a direct contract with the Contractor to perform part of the latter's Contract; such as one who installs or furnishes and installs at the site, equipment forming a permanent part of the Contract work, or who furnishes labor at the site for work required by the Contract in accordance with the Contract Documents.

This term does not include individual workmen furnishing labor only, nor one who merely furnishes material not worked to a special design.

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"Directed", etc.: Wherever in these Contract Documents the words "directed", "required", "permitted", "ordered", "instructed", designated", "considered necessary", "prescribed", or words of like import are used, it shall be understood that the direction, requirements, permission, order, instruction, designation, or prescription, etc., of the Engineer is intended, unless otherwise specifically stated.

"Approved", etc.: The words "approved", "acceptable", "satisfactory", or words of like import, shall mean approved by, or acceptable or satisfactory to, the Engineer, unless another meaning is plainly intended or otherwise specifically stated.

2. RECEIPT OF BIDS

The place to which Proposals must be delivered, the amount of Proposal Security required, and the date, time and place of opening of Proposals, are stated in the Advertisement.

The proposal form indicates the location and description of the project to be constructed, and shows the approximate quantities of work to be performed and materials to be furnished, if a unit price contract.

3. STATEMENT OF BIDDER'S QUALIFICATIONS

Each bidder shall, upon request of the Owner, submit on the form furnished for that purpose a statement of the Bidder's qualifications, his experience record in constructing the type of improvements embraced in the Bid Proposal, and his organization and equipment available for the work contemplated; and, when specifically requested by the Owner, a detailed financial statement. The Owner shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract, and the Bidder shall furnish the Owner all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Owner that the Bidder is qualified to carry out properly the terms of the Contract.

4. COLLUSIVE AGREEMENTS

Each Bidder submitting a Bid to the Owner for any portion of the work contemplated by the Contract Documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any Bid submitted.

5. BIDDER RESPONSIBILITY

The Bidder is required to carefully examine the site of the project, the Contract Documents, and all other forms pertinent to the work contemplated. It will be assumed that he has satisfied himself as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and the requirements of the Contract Documents. No allowance or concession will be made for lack of such information on the part of the Contractor.

Whenever information concerning subsurface materials or conditions is given on the Drawings, it is understood, in the absence of any qualifying notation, that it was obtained in the usual manner and the location, depths, and character of the material have been recorded in good faith. There is no expressed or implied agreement that the depths or the character of the material have been correctly indicated and Bidders should take into account the possibility that conditions affecting the cost or quantities of work to be done may differ from those indicated.

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6. APPROXIMATE ESTIMATE OF QUANTITIES

The Bidder's attention is directed to the fact that, in contracts based on unit prices the estimate of quantities of work to be done and materials to be furnished is approximate and is given only as a basis of calculation upon which to determine the lowest bidder. The Owner does not assume any responsibility that the quantities shall be obtained in the construction of the Project, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities, or of the character of the work or location, or other conditions pertaining thereto. The Owner reserves the right to increase or diminish any or all of the above mentioned quantities of work or to omit any of them, as it may deem necessary and such increase or decrease of the quantities given for any of the items shall not be considered as sufficient grounds for granting an increase in the unit prices bid, except as set forth in Article 27 of the Section entitled General Conditions.

7. PREPARATION OF PROPOSAL

Using the proposal form provided herewith, all bid prices shall be written or typed in ink, in the blank spaces provided for each item, with the amounts extended if a unit price bid, and all amounts totaled. In the event of any discrepancy between the written amounts and the numerals, the written amounts shall govern, and will be considered as being the price bid.

In the unit price bids, the determination of the lowest bid will be based solely on the total results of computations of the estimated quantities and the prices bid including a combination of alternates authorized by the Proposal.

The Bidder shall sign his name and give his business address in the spaces provided therefor. If the Proposal is made by a partnership, it shall be signed by all partners. If made by a corporation, it shall be signed in the name of the corporation by one of the officers thereof and shall have affixed the seal of the corporation.

8. PROPOSAL SECURITY

Each Proposal shall be accompanied by security in the form of a certified check, or, when specifically permitted, a bid bond, payable to the Owner, in the amount indicated in the Advertisement. Within seven (7) days after the opening of bids, the securities therefor will be returned excepting those which the Owner elects to hold until the award is made and the successful bidder qualifies and executes the Contract. Such Proposal Security of the successful Bidder shall be forfeited to the Owner as liquidated damages if the successful Bidder fails to execute and deliver the Contract in conformity with the form of Agreement, and furnish bonds and insurance certificates as specified within ten (10) days after notification by the Owner of the acceptance of his bid. The security of the successful Bidder will be returned to him when the Contract is executed by both parties hereto. If all Proposals are rejected, the securities therefor will be returned immediately after the determination of such rejection.

9. WITHDRAWAL OF PROPOSALS

All Bidders specifically waive any right to withdraw a Proposal after it has been submitted to the Owner, except as hereinafter provide. A Bidder may withdraw a Proposal provided the Bidder makes a request to do so by telephone, telegraph, or in writing to the Owner and provided that such requests reach the office of the Owner not later than the day previous to the date set for opening thereof. Requests by telephone or telegraph must be confirmed in writing, by the Bidder in person, or by an accredited representative of the

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Bidder before the time set for the opening of Proposals. No bids may be withdrawn for the period of time stipulated in the Proposal.

10. RIGHT TO REJECT PROPOSALS

The unqualified right is reserved by the Owner to waive any informalities in, or reject any or all proposals as may be deemed to the best interest of the Owner. Proposals which contain any omission, erasures, alterations, additions not called for, conditional bids, or irregularities of any kind, or Proposals otherwise regular which are not accompanied by Proposal Security, may be rejected as informal. Proposals in which the bid prices are obviously unbalanced may be rejected.

11. CHANGES PRIOR TO THE OPENING OF BIDS

During the period allowed for preparation of bids, the Bidders may be furnished addenda or bulletins for additions to or alterations of the Contract Documents, which shall be included in the work covered by the proposal and become a part of the Contract Documents. If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, he may submit to the Engineer a written request for an interpretation thereof.

The Bidder submitting the request will be responsible for its prompt delivery. An interpretation of the Contract Documents will be made only by an addendum duly issued and a copy of such addendum will be mailed or delivered to each prospective bidder on record. The Owner will not be responsible for any other explanations or interpretations of the Contract Documents.

12. SCOPE OF WORK

Unless otherwise provided it is the intent of the Contract Documents to prescribe a complete project which the Bidder proposes to construct, by furnishing all labor, materials, equipment, tools, necessary utilities and other facilities, and performing all work necessary or incidental to such construction, in full compliance with the Contract Documents.

13. SUBMITTING PROPOSAL

Proposals, accompanied by the Proposal Security, and all Addenda, if any, shall be submitted in an opaque, sealed envelope, addressed to the Owner. The name of the Bidder shall appear in the upper left-hand corner of the envelope and the title and number of the Contract shall appear in the lower left-hand corner.

14. AWARD AND EXECUTION OF CONTRACT

When a Proposal received has been determined to be satisfactory, a Contract will be awarded to the lowest responsible Bidder within the time specified in the Proposal.

The Bidder to whom the award is made shall execute the Contract and return it, together with the properly executed Bonds and insurance certificates, to the office of the Owner, within the time specified in the Proposal.

If the Contractor executes his Contract as herein provided and the Contract is not executed by the Owner within thirty (30) days after the receipt thereof from the Contractor, the Owner upon written request of the Contractor will return the Proposal Security. In such event, the award of the Contract shall be considered as annulled. The Contract, surety bonds, and insurance certificates shall be executed in triplicate or in as many copies as the Owner may require.

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15. CANCELLATION OF AWARD

The Owner reserves the right to cancel the award of any Contract at any time prior to its execution by the Owner.

16. SURETY BONDS

With the execution and delivery of this Contract the successful Bidder receiving the Contract award will be required to furnish, within the time specified, in Article 7, a "performance bond" covering faithful and satisfactory performance of the work contracted, in an amount not less than one hundred percent (100%) of the total contract price, and a "labor and material payment bond" in an amount not less than one hundred percent (100%) of the Contract amount, covering payment in full for all services rendered, and materials furnished.

17. INDEMNITY AND INSURANCE

The Contractor shall not commence work under this Contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner and Engineer, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved.

A. Compensation Insurance

The Contractor shall take out and maintain during the life of this contract, Workmen's Compensation Insurance for all of his employees employed at the site of the project, and in case any work is sublet, the Contract shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the Contractor. The Contractor, shall at all times, indemnify and save harmless the Owner, of and from all claims for Workmen's Compensation which may be made by any employee of the Contractor or his subcontractors.

B. The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him, the Owner, and the Engineer from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them.

Hazards insured against for property damage liability shall include explosion, collapse, underground object, and blasting to the extent that any such exposure exists. The amounts of such insurance shall be non-deductible and as follows:

1) Public Liability

In an amount not less than $1,000,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of one accident.

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2) Property Damage

In an amount not less than $1,000,000.00, with an aggregate of $1,000,000.00.

The same limits apply to coverage to be provided on any automobiles or trucks used at the site. The policies shall be written on an occurrence basis.

The Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses, and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, the indemnification obligation under this Article shall not be limited in any way be any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.

The obligations of the Contractor under this Article shall not extend to the liability of the Engineer, his agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the Engineer, his agents or employees provided such giving or failure to give is the primary cause of injury or damage.

C. Builder's Risk Insurance

The Contractor during the progress of the work and until final acceptance by the Owner upon completion of the entire Contract, shall maintain insurance on all work included in the Contract against loss or damage by fire, lightning, wind, explosion, and those perils covered by extended coverage endorsement and vandalism and malicious mischief on the completed value form, in the names of the Owner and the Contractor as their respective interests may appear in an amount equal to one hundred percent (100%) of the insurable value of each building or structure and materials included in this Contract as shall fully protect the interest of the Owner and the Contractor; the risk of damage to the construction work due to the perils covered by said insurance, as well as any other hazards which might result in damage to the construction work, is that of the Contractor

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and Surety, and no claims for such loss or damage shall be recognized by the Owner, nor will such loss or damage excuse the complete and satisfactory performance of the Contract by the Contractor.

D. Railroad Protective Liability and Property Damage Insurance When the Contract includes work on or under railroad rights-of-way, properties, or areas adjacent to the Railroad, the Contractor shall take out and maintain during the life of the Contract, Railroad protective liability and property damage insurance in amounts as requested by the railroads.

The Contractor shall submit certificates or other documentary evidence to the Owner for approval, covering Workmen's Compensation Insurance, and Public Liability and Property Damage Insurance, and Builder's Risk Insurance, and Railroad Protective Liability and Property Damage Insurance if required.

Each certificate or other documentary evidence presented shall contain therein or have contained in a rider attached thereto and made a part thereof, a clause to the effect that the insurer will notify the insured and the Owner in writing five (5) days prior to cancellation of the policy. The certificate for each policy shall be executed in triplicate.

18. CANCELLATION OF CONTRACT

As soon as practicable after the satisfactory execution of the Contract by both parties, written notice to proceed with the work will be given to the Contractor. If such notice is not given within ninety (90) days after Contract execution, and the delay is not caused by the Contractor or accepted by him in writing, the Contract may be declared null and void. If the Contractor incurs any expense in furtherance of the Contract prior to receipt of the Notice to Proceed, he does so on his own responsibility.

19. COMPLETION TIME AND LIQUIDATED DAMAGES

The Bidder shall understand that the time limit indicated for completion of this Contract shall be 60 (sixty) calendar days from the "Notice to Proceed", and the amount of liquidated damages to be charged against the Contractor shall be $100.00 per day. The amounts deducted are liquidated damages not penalties.

20. WAGES AND SALARIES

Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contact Documents and the completion of employment with respect to certain categories and classifications of employees.

The rates of pay set forth in the wage rate schedule are the minimal to be paid during the life of the Contract. It is therefore the responsibility of bidders to inform themselves as to local labor conditions, such as the length of work day and work weed, overtime compensation, health and welfare contributions, labor supply, and prospective changes or adjustments of rates.

21. EQUAL EMPLOYMENT OPPORTUNITY

Attention of Bidders is particularly called to the requirement for insuring that employees and applicants for employment are not discriminated against because of race, color, religion, sex or national origin.

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22. RESIDENT WORKMEN

According to Section 754, Public School Code of Pennsylvania, 1949, as amended, laborers and mechanics employed shall have been residents of the Commonwealth of at least 90 days prior to their employment. Failure to comply with this provision shall be sufficient legal reason to refuse payment of the contract price to the Contractor.

23. HUMAN RELATIONS ACT

The provisions of the Pennsylvania Human Relations Act, Act 222 of October 27, 1955 (P.L.

744) (43 P.S. Section 951, et. seq.) of the Commonwealth of Pennsylvania prohibits discrimination because of race, color, religious creed, ancestry, age, sex, national origin, handicap or disability by employer, employment agencies, labor organizations, contractors, and others. The Contractor shall agree to comply with the provisions of this Act, as amended.

24. STANDARD OF QUALITY

The various materials and products specified by name or description are given to establish a standard of quality and of cost for bid purposes. It is not the intent to limit the acceptance to any one material or product specified, but rather to name or describe a material or product as minimum standard that is desired and acceptable. Where proprietary names are used, whether or not followed by the words "or approved equal", that shall be subject to equals only as approved by the Engineer.

25. STEEL PRODUCTS PROCUREMENT ACT

In accordance with Act No. 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, approved March 3, 1978, if any steel products are to be used or supplied in the performance of the Contract, only steel products produced in the United States as defined therein shall be used or supplied in the performance of the Contract or any subcontracts thereunder.

26. MAINTENANCE BOND

Attention to Bidders is particularly called to the requirement that the Contractor must provide the Owner with a one (1) year maintenance bond in the amount of 100% of the Contract amount upon completion of said project. Said bond shall be in effect for a period of one (1) year from the date indicated on the Certificate of Substantial Completion or as required by Articles 9 and 33 in the General Conditions.

EJCDC® C-410, Bid Form for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

BID FORM

PERRYOPOLIS AREA JOINT AUTHORITY – SHINGLE ROOF REPLACEMENT

Page

Article 1 – Bid Recipient 1

Article 2 – Bidder’s Acknowledgements 1

Article 3 – Bidder’s Representations 1

Article 4 – Bidder’s Certification 2

Article 5 – Basis of Bid 3

Article 6 – Time of Completion 4

Article 7 – Attachments to this Bid 4

Article 8 – Defined Terms 4

Article 9 – Bid Submittal 5

Bid Recipient

1.01 This Bid is submitted to:

Perryopolis Area Joint Authority, 314 Independence Street, P.O. Box 298, Perryopolis, Pa

15473

1.02 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

The Bid will remain subject to acceptance for 60 days after the Bid opening, except if the award is delayed by a required approval of another government agency (including RUS), the sale of bonds, or the award of a grant, the Owner shall reject all bids or award the contract to the lowest responsible and responsive bidder within one hundred twenty (120) days of 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 that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and

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

C. Bidder is familiar with and has satisfied itself as to all 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, 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 given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article, and that without exception the

Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3

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 e execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

Item

No.

Description Unit

Estimated

Quantity Unit Price Total Price

1 Install Drip Edge around building LS 1

Install Gutters 2 by 58’ long including downspouts

LS 1

Install Weatherguard 3’ up on both sides of roof 58’ long

LS 1

4 Install 30# paper on rest of roof LS 1

Install 30 year shingles on roof (18 square) roof is 15.5’ x 58’ on each side

LS 1

6 Install new ridge vent(58’) LS 1

7 Replace 5/8” plywood (4’ x 8’) on roof EA 2

Install new vent in rear and all other penetrations are incidental

EA 1

TOTAL OF BID for PROJECTS is $

(Bid Amount Written in Words)

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) 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, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

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

A. Required Bid security in the form of a Bid Bond of 10% of Bid Total (EJCDC No. C-430);

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. List of Project References;

E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

F. Contractor’s License No.: __________ [or] Evidence of Bidder’s ability to obtain a State

Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

G. Required Bidder Qualification Statement with supporting data; and

H. If Bid amount exceed $10,000, signed Compliance Statement (RD 400-6). Refer to specific equal opportunity requirements set forth in the Supplemental General Conditions;

I. If Bid amount exceeds $25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions (AD-1048);

J. If Bid amount exceeds $100,000, signed RD Instructions 1940-Q, Exhibit A-1, Certification for Contracts, Grants, and Loans.

K. Disclosure of Lobbying Activities, Standard Form LLL

L. Pennsylvania E-Verification Form

M. If bid is from a Partnership, Corporation, or Joint Venture, attach evidence of authority to sign the bid documents

ARTICLE 8 – DEFINED TERMS

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5

ARTICLE 9 – THE BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

Page BB-1 of 2

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

Perryopolis Area Joint Authority 314 Independence Street Perryopolis, PA 15473

BID

Bid Due Date:

Description: Replace Sewer Plant Shingle Roof

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

Page BB-2 of 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding

Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding

Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of

Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States

Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such

Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

SQ-1

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data 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 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?

SQ-2

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 scope to this project.

13. Background and experience of principal members of the organization, including the officers.

14. Credit available: $__________________________.

SQ-3

15. Provide 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 hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising the Statement of Bidder's Qualifications.

Dated this _____________________ day of _____________________________, 20__.

Name of Bidder: ____________________________________

By:_________________________________

Title:________________________________ scoffman Typewritten Text

PW-1

STIPULATION AGAINST LIENS

) IN THE COURT OF COMMON

PERRYOPOLIS AREA JOINT AUTHORITY ) PLEAS OF

FAYETTE COUNTY,

OWNER ) PENNSYLVANIA

VS. )

) NO. _____ MECHANICS LIEN

CONTRACTOR ) DOCKET

WHEREAS, the above-said Owner is about to execute contemporaneously herewith a contract with the above-said Contractor, for the construction of the

REPLACE SEWER PLANT SHINGLE ROOF

as required by the Contract Documents.

NOW THEREFORE,____________20___, at the time of and immediately before the execution of the Contract and before any authority has been given by the said Owner, to the said Contractor to commence work on the said project or purchase of materials for the same, in consideration of the making of the said Contract with the Contractor and for the further consideration of one dollar ($1.00) paid to the said Contractor by the said Owner, it is agreed that no mechanic's claims or other liens shall be filed against the Project or the estate or title of Owner in the System or any part thereof, or the appurtenances thereto by the said Contractor nor any subcontractor, nor by any of the materialmen or workmen or any person for any materials or labor or extra materials or labor purchased or furnished in connection with the construction of the said project or any part thereof, the right to file such claims of liens being expressly waived and relinquished herewith.

OWNER

(SEAL) Perryopolis Area Joint Authority

ATTEST: BY_________________________________

______________________________ TITLE_______________________________

CONTRACTOR

(SEAL) ____________________________________

ATTEST: BY_________________________________

______________________________ TITLE_______________________________

SAL-1

P-1

AFFIDAVIT RE:

ACCEPTING…