1-IFB Churchill Borough 2026 GEDTF Sanitary Sewer Repairs.pdf
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- Solicitation number
- Not on record
- Issued by
- Allegheny County, Claysville Borough, Pennsylvania
About this file
This is a comprehensive bid document and contract specification package for the Churchill Borough in Allegheny County, Pennsylvania, detailing sanitary sewer repair contracts managed by The Gateway Engineers, Inc. The project involves one excavation point repair, one manhole raise/adjustment, and four manhole-to-manhole CIPP (Cured-in-Place Pipe) lining repairs, along with associated work including CCTV verification, lateral reinstatement, protruding tap removal, traffic control, and site restoration. A mandatory pre-bid meeting is scheduled for March 26, 2026 at 10:30 a.m. at the Borough Building, with attendance required for bids to be considered responsive. Sealed proposals must be submitted electronically via PennBid before 10:00 a.m. on April 1, 2026, with public opening immediately thereafter. Substantial completion is required by October 15, 2026, and final completion by November 16, 2026, with liquidated damages of $500 per calendar day for delays. The contract will be awarded to the lowest responsible, responsive, and qualified bidder.
Pennsylvania Prevailing Wage rates are mandatory on this project. Bid security of ten percent of the total bid amount is required, with successful bidders obligated to provide performance and payment bonds equal to 100 percent of the contract price. Bids must include a lump sum for the excavation point repair, manhole raise, traffic control and mobilization; unit prices for CIPP lining per linear foot, heavy cleaning per linear foot, reinstatement of active laterals per unit, and removal of protruding taps per unit. The document specifies comprehensive requirements for submittals within fifteen days of Notice of Award, including construction schedules, equipment lists, traffic control plans, resident notification procedures, insurance certificates, and CIPP material certifications. All materials and equipment must be of good quality and new unless otherwise specified. The contractor is responsible for all disposal of excess materials at fully permitted off-site facilities, with no additional compensation for rock excavation or unforeseen subsurface conditions, and must maintain compliance with PennDOT standards, OSHA regulations, and all local, state, and federal requirements throughout the contract period.
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Text version
2025-GEDTF-217
CHURCHILL BOROUGH - 2026 GEDTF
SANITARY SEWER REPAIRS
Churchill Borough
Allegheny County, Pennsylvania
This project involves one (1) sanitary sewer excavation point repair; one (1) location and adjustment of a buried sanitary sewer manhole; four (4) sanitary sewer full length manhole to manhole CIPP lining repairs; and a combination of the following items:
CCTV verification of the repair locations; internal reinstatement of active service laterals; cutting of protruding taps; post repair NASSCO CCTV; traffic control;
bituminous and concrete restoration; and seeding and mulching, complete in place.
C O
N T
R A
C T
D O
C U
M E
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S
Bid Opening Date: Wednesday, April 1, 2026 Bid Opening Time: 10:00 AM
P R E P A R E D F O R
Churchill Borough 2300 William Penn Hwy Pittsburgh, PA 15235
P R E P A R E D B Y
The Gateway Engineers, Inc.
100 McMorris Road Pittsburgh, PA 15205
412.921.4030 PHONE
412.921.9960 FAX
www.gatewayengineers.com
Mandatory Pre-Bid Meeting Date: March 26, 2026 Mandatory Pre-Bid Meeting Time: 10:30 AM Mandatory Pre-Bid Meeting Location: Borough Building 2300 William Penn Highway Pittsburgh, PA 15235
Project Directory Copyright © 2026 The Gateway Engineers, Inc. All rights reserved.
00002-1
Project Directory
OWNER: Churchill Borough
2300 William Penn Hwy
Pittsburgh, PA 15235
Phone: 412-241-7113
Fax: 412-241-0503
ENGINEER: The Gateway Engineers, Inc.
100 McMorris Road
Pittsburgh, PA 15205
Phone: 412-921-4030
Fax: 412-921-9960
Borough Manager: Michelle McAndrew
Project Manager: Adam W. Gephart
Borough Engineer: Dennis J. Flynn, P.E.
Table of Contents
00010-1
TABLE OF CONTENTS
DIVISION 0 - BIDDING DOCUMENTS AND CONTRACT
00001 – Project Title Page (Cover)
00002 – Project Directory
00010 – Table of Contents
00100 – Notice to Bidders (Advertisement)
00110 – Bid Form and Proposal
00130 – Bid Bond
00180 – Non-Collusion Affidavit
00190 – Public Works Employment Verification Form
00200 – Instructions to Bidders
00490 – Bidding Addenda
00510 – Notice of Award
00520 – Agreement
00550 – Notice to Proceed
00605 – Certificate of Insurance
00610 – Performance Bond
00615 – Payment Bond
00620 – Application for Payment
00700 – General Conditions
00800 – Supplementary Conditions
00830 – Prevailing Minimum Wage Determination
00940 – Work Change Directive
00941 – Change Order
00942 – Field Order
DIVISION 1 – GENERAL REQUIREMENTS
01100 – Summary
01110 – General Project Requirements
01250 – Contract Modification Procedures
01270 – Unit Prices
01290 – Payment Procedures
01310 – Project Management and Coordination
01320 – Construction Progress Documentation
01322 – Photographic or Video Documentation
01330 – Submittal Procedures
01400 – Quality Requirements
01500 – Temporary Facilities and Controls
01524 – Construction Waste Management
01600 – Product Requirements
01700 – Execution Requirements
01770 – Closeout Procedures
Table of Contents
00010-2
DIVISION 2 – SITE CONSTRUCTION
02080 – Piped Utilities Materials and Methods
02220 – Traffic Control and Notifications
02225 – Temporary Tree and Plant Protection
02230 – Site Clearing and Preparation
02235 – Selective Demolition
02240 – Dewatering
02300 – Earthwork
02310 – Trench Excavation and Backfill For Sewers and Utilities
02315 – Excavation Support and Protection
02530 – Sanitary Sewage
02531 – CCTV Inspections
02532 – Cured In Place Sewer Lining
02620 – Subdrainage
02630 – Storm Drainage
02741 – Asphalt Paving
02743 – Driveway Restoration Requirements
02751 – Cement Concrete Pavement
02764 – Pavement Joint Sealants
02850 – Incidental Restoration Requirements
02920 – Site Restoration
02930 – Plants
ATTACHMENTS
Standard Details
Allegheny County Economic Development – Procurement Compliance Package
CIPP Materials, Properties, and Design Form
Lateral Connections Data Report Form
Repair Maps
Notice to Bidders
00100 - 1
NOTICE TO BIDDERS
CHURCHILL BOROUGH
ALLEGHENY COUNTY, PENNSYLVANIA
Sealed Proposals will be received by the Churchill Borough, at the Municipal Building, 2300 William
Penn Highway, Pittsburgh, PA 15235 until 10:00 A.M. on Wednesday, April 1, 2026, to be publicly opened and read immediately thereafter for the following project:
CHURCHILL 2026 GEDTF SANITARY SEWER REPAIRS
This project involves one (1) sanitary sewer excavation point repair; one (1) location and adjustment of a buried sanitary sewer manhole; four (4) sanitary sewer full length manhole to manhole CIPP lining repairs; and a combination of the following items: CCTV verification of the repair locations;
internal reinstatement of active service laterals; cutting of protruding taps; post repair NASSCO
CCTV; traffic control; bituminous and concrete restoration; and seeding and mulching, complete in place.
Proposals shall be delivered in a sealed envelope and clearly marked on the outside with the words
“CHURCHILL BOROUGH 2026 GEDTF SANITARY REPAIRS”.
All Proposals shall be submitted electronically via PennBid (www.PennBid.net), before 10:00 a.m.
prevailing time on Wednesday, April 1, 2026. At that time, Bids will be opened with results displayed publicly on PennBid. The Contract will be awarded to the lowest responsible, responsive, and qualified bidder.
Pennsylvania Prevailing Wage rates are required to be paid on this project.
A Mandatory Pre-Bid Meeting will be held at 2300 William Penn Highway, Pittsburgh, PA 15235 on Thursday, March 26, 2026 at 10:30 a.m. prevailing time. Contractors who intend to bid must attend the meeting for their bids to be considered as responsive. “Attendance” for the purposes of this
Paragraph shall mean being in attendance prior to 10:30 a.m. and being present for the entirety of the
Meeting. Signing the Register at the beginning of the Meeting and leaving immediately thereafter will not constitute attendance.
Contract Documents related to this solicitation are available at no cost on the Pennbid site
(www.PennBid.net).
Bids must be accompanied by a Certified Check or Bidder's Bond from a Surety Company authorized to do business in Pennsylvania, made to the order of Churchill Borough, Allegheny County, Pennsylvania in an amount equal to ten percent (10%) of the total amount of the Proposal as a guarantee that, if the Proposal is accepted, the successful Bidder will enter into an Agreement within fifteen (15) days after Notice of the Award of the Contract.
The Proposals must be made to Churchill Borough, Allegheny County, Pennsylvania, and shall remain firm for a period of sixty (60) days. No Bidder may withdraw their Proposal during the sixty
(60) day period without forfeiting his Bid guarantee.
Performance, Maintenance, and Labor and Material Payment Bonds, along with Public Liability and
Property Damage Certificates of Insurance in the amounts specified, as well as Certificates of
Workman's Compensation must be filed with the executed Agreement upon acceptance of the
Proposal from the successful Bidder.
http://www.pennbid.net/ http://www.pennbid.net/
Notice to Bidders
00100 - 2
Compliance is required with the Pennsylvania Prevailing Wage Act of 1961, P.L. 987, No. 442; Title
VI and other applicable provisions of the Civil Rights Act of 1964; the Department of Labor Equal
Opportunity Clause (41 CFR 60 -1.4); Executive Order 11625 (Utilization of Minority Business
Enterprise); Executive Order 12138 (Utilization of Female Business Enterprise); in compliance with
Section 504 of Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990; the
Allegheny County MBE/WBE Program enacted July, 1981, which sets forth goals of 13 percent
Minority and 2 percent Female Business Enterprise; and the Allegheny County Ordinance #6867-12, setting forth goals of 5 percent Veteran Owned Small Businesses.
The Owner reserves the right to reject any or all Proposals, or any part thereof, for any reason, and reserves the right to waive any informality therein.
Bidders are advised that the Borough will award the contract to the lowest responsible, responsive, and qualified bidder based on the total bid submitted. However, Bidders are advised that the Borough expressly reserves the right to reject all bids, and specifically reserves the right to award to the lowest responsible, responsive and qualified bidder a contract for all or any portions of the work listed in the
Proposal, and in awarding a contract for less than the total work listed, or less than all portions of the work listed, the contract price will be determined from the total quantities for each item listed and the unit price bid for each item listed.
By: Michelle McAndrew
Borough Manager
Dates of Publication:
March 12, 2026
March 19, 2026
Bid Form and Proposal
000110 - 1
2025-GEDTF-217 Proposal From_______________________
BID FORM AND PROPOSAL
ARTICLE 1 – BID RECIPIENT
This Bid is submitted to: Churchill Borough
2300 William Penn Hwy
Pittsburgh, PA 15227
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 – PROPOSAL FOR:
CHURCHILL BOROUGH 2026 GEDTF SANITARY SEWER REPAIRS
This project involves one (1) sanitary sewer excavation point repair; one (1) location and adjustment of a buried sanitary sewer manhole; four (4) sanitary sewer full length manhole to manhole CIPP lining repairs; and a combination of the following items: CCTV verification of the repair locations; internal reinstatement of active service laterals; cutting of protruding taps; post repair NASSCO CCTV; traffic control; bituminous and concrete restoration; and seeding and mulching, complete in place.
ARTICLE 3 – CHURCHILL BOROUGH 2026 GEDTF SANITARY SEWER REPAIRS
Bidder agrees that the Work will be substantially complete prior to October 15, 2026 and will be completed and ready for final payment in accordance with Article 15 of the General Conditions prior to
November 16, 2026 or liquidated damages in the amount of five hundred dollars ($500.00) per calendar day will be charged. As actual damages for any delay in completion are impossible to compute and ascertain with certainty as a basis of recovery by Churchill Borough of actual damages, the Contractor and its Surety shall be liable to the Churchill Borough the sum of five hundred dollars ($500.00) as fixed and agreed for each calendar day of delay until the Work is complete and accepted. Such liquidated damages are intended to represent actual damages and are not intended as a penalty. Contractor shall pay to Churchill Borough without limiting Churchill Borough’s right to terminate this Agreement for default as provided elsewhere herein.
Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times.
000110 - 2
ARTICLE 4 – BASIS OF BID
Bidder will complete the Work in accordance with the Contract Documents for the following price(s):
BIDDING SCHEDULE
CHURCHILL BOROUGH 2026 GEDTF SANITARY SEWER REPAIRS
Item No. Item Unit Quantity Unit Price Amount
Repair 25-E01 Open Cut Excavation Repair, complete in place L.S. 1 $_________ $_________
2 Repair S-10 Manhole Raise, complete in place L.S. 1 $_________ $_________
8” CIPP Sanitary Sewer Lining (MH to MH), all depths, complete in place L.F. 1,000 $_________ $_________
Heavy Cleaning, all pipe diameters, complete in place L.F. 200 $_________ $_________
Reinstatement of Active Service Laterals, complete in place
EA. 3 $_________ $_________
Removal of Protruding Service Taps, complete in place
EA. 3 $_________ $_________
Repair Site Mobilization, Traffic Control, Resident Notification, and Access for
All Streets, complete in place
L.S. 1 $_________ $_________
CHURCHILL BOROUGH 2026 GEDTF SANITARY
SEWER REPAIRS
000110 - 3
The Borough shall award the contract to the lowest qualified, responsible and responsive Bidder whose
Bid meets the requirements and criteria set forth in these Specifications unless all bids are rejected or the lowest responsible and responsive Bidder is allowed to withdraw his or her bid upon compliance with the
Public Contract Bid Withdrawal Law. The Borough retains the right to award the contract after consideration of the following: quality of previous work performed in the Borough, the Contractor’s record of completing projects on time, the Contractor’s history of payments to subcontractors and suppliers, the maintenance of a permanent place of business, the adequacy of equipment and plant to perform the work, the technical experience of the Contractor’s staff, a proven solid financial base to guarantee contract completion and any and all other factors deemed relative by the Borough. Bidders shall also note that they must be qualified to perform sanitary repair projects in the name of the bidding entity to be considered as responsive.
The Bidder acknowledges that each Bid Unit Price includes an amount considered by the Bidder to be adequate to cover the overhead and profit for each separately identified item. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for comparison of Bids, and final payment for all
Bid Items will be based on actual installed quantities, determined as provided in the Contract Documents.
In addition, the Bidder acknowledges that the Borough reserves the right to increase or decrease listed quantities (including elimination of quantities in their entirety) without consideration for recovery of any or all direct or indirect costs associated with the adjusted or eliminated quantity subject to all applicable
Sections of this Document.
All specified cash allowances are included in the price(s) set forth above and have been computed in accordance with Article 13 of the General Conditions.
Unit Prices have been computed in accordance with Article 13 of the General Conditions.
A price adjustment for material will not be permitted. Contractors shall include all costs necessary to complete the project in accordance with the Contract Documents by the listed date of final completion in their total bid price. A time adjustment due to material availability may be considered by the Owner upon submittal of acceptable documentation by the Contractor. Contractors shall note the material submittals shall be made no later than fifteen (15) days after Notice of Award (NOA).
Payments for “stored materials” including deposits or conditional payments required by Suppliers will not be considered for payment. All work must be “complete in place” for payment consideration.
Contracts A and B are separate and independent. Bidder may bid on one, or a combination of all contracts. Contracts not submitted with a bid must be acknowledged by entering "N/A" in the Total
Column.
ARTICLE 5 – BIDDER'S ACKNOWLEDGEMENTS
Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This 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 the Owner.
In the event the low bidder is more than fifteen percent (15%) lower than the second low bidder, the bonding company for the low bidder shall supply a signed and notarized statement that they will provide the proper bonding for the project. This statement shall be supplied prior to award.
000110 - 4
ARTICLE 6 – BIDDER'S REPRESENTATIONS
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 the following Addenda, receipt of which is hereby acknowledged:
Addendum No. Addendum Date
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 Federal, State and Local Laws and
Regulations that may affect cost, progress and performance of the Work.
D. 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.
E. 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.
F. 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.
G. 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.
H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding and Contract Documents and any attached reports, and certifies the written resolution thereof by Engineer is acceptable to Bidder unless further clarification is requested.
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 for which this Bid is submitted.
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.
K. Bidder will submit written evidence of its authority to do business in the state where the
Project is located not later than the date of its execution of the Agreement.
000110 - 5
L. All notices, demands, requests, instructions, approvals, proposals, and claims must be in writing.
ARTICLE 7 – BIDDER’S CERTIFICATION
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 7.D:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything 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.
000110 - 6
ARTICLE 8 – ATTACHMENTS TO THIS BID
The following documents are attached to and made a condition of this Bid:
A. All proposals shall be made on the blank form furnished for the proposal and must be accompanied by a certified check of not less than ten percent (10%) of the proposal or a Bid bond in the amount of ten percent (10%) of the proposal, made payable to Churchill Borough, Allegheny County, Pennsylvania.
B. List of Proposed Subcontractors
C. List of Proposed Suppliers
D. Non-Collusion Affidavit
E. Public Works Employment Verification Form
F. Statement of Bidder’s Qualifications
G. CIPP Experience Requirement Statement per Section 02532-1.4.A.4 (Only required if bidding on Contract B)
H. CIPP Materials, Properties and Design Form (only required if bidding on Contract B)
ARTICLE 9 – DEFINED TERMS
The terms used in this Bid with initial capital letters have meanings stated in the Instruction to Bidders, the General Conditions, and the Supplementary Conditions.
000110 - 7
ARTICLE 10 – BID SUBMITTAL
This Bid submitted by:
If Bidder is:
An Individual
Name (typed or printed): _____________________________________________________
By: ______________________________________________________________ (SEAL)
(Individual’s signature)
Doing business as: __________________________________________________________
A Partnership
Partnership Name: __________________________________________________ (SEAL)
By: ______________________________________________________________________
(Signature of general partner)
Name (typed or printed): _____________________________________________________
A Corporation
Corporation Name: __________________________________________________ (SEAL)
State of Incorporation: _________________________________
Type (General Business, Professional, Service, Limited Liability): _____________________
By: _______________________________________________
(Signature)
Name (typed or printed): ______________________________
Title: _____________________________________________ (CORPORATE SEAL)
Attest _____________________________________________
Date of Authorization to do business in _________________________ is ____/____/____.
Bidder's Business Address _________________________________________________________
Telephone No. _________________________ Fax No. _____________________________
E-mail address: ___________________________________________________
Submittal Date: ________________________, 20____.
00115 STATEMENT OF BIDDER’S QUALIFICATIONS
00115 – 1
STATEMENT OF BIDDER'S QUALIFICATIONS
1. Name of Company:
2. Street Address: _________________________________ P.O. Box* _____________
(*if P.O. Box, Please provide street address also.)
City ____________________________ State _____________ Zip Code _________
Telephone No. _______________________ FAX No. ________________________
When Organized _________________________
Federal Identification No. __________________
3. Sole Proprietor:
Name _____________________________________________
Social Security No. _________________
4. Partnership:
Name of Partners ______________________________________________________
5. Corporation:
Name of Corporation ___________________________________________________
Where Incorporated ____________________________________________________
Year ____________
List Corporate Officers:
6. How many years have you been engaged in the business for which this proposal is intended under your present firm or trade name? ____________
7. Have you ever refused to sign a contract that was awarded to you? ________
8. Have you ever defaulted on a contract? _________
9. Will you, upon request, fill out a detailed financial statement and furnish any other information that the Borough of Churchill may require for the execution of the contract documents? _____
10. Equipment to complete work under this proposal: Own _____ Lease _______
( If owned, attach list of equipment)
Contractor
By:_____________________________
Date: ___________________________
PENAL SUM FORM
Bid Bond EJCDC C-430 (2013 Edition)
000130-1
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):
BID
Bid Due Date:
Description (Project Name— Include Location):
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
Title Title
Note: Addresses are to be used for giving any required notice.
Provide execution by any additional parties, such as joint venturers, if necessary.
Bid Bond EJCDC C-430 (2013 Edition)
000130-2
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.
Non Collusion Affidavit Copyright © 2013 The Gateway Engineers, Inc. All rights reserved.
000180-1
NON_COLLUSION AFFIDAVIT
Contract/Bid No._______________
State of_________________________________:
:s.s.
County of_______________________________:
I state that I am_____________________________________________________________
(Title) of________________________________________________________________________
(Name of my firm) and 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:
(1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.
(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount 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.
(3) 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 a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.
(4) 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.
(5) _______________________________________, its affiliate’s subsidiaries, (Name of my firm) officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four 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:
Non Collusion Affidavit
000180-2
I state that ________________________________understands and acknowledges
(Name of my firm) that the above representations are material important, and will be relied on by
(Name of public entity) 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 ____________________________________of the true facts relating
(Name of public entity) to the submission of bids for this contract.
(Name)
(Title)
SWORN TO AND SUBSCRIBED
BEFORE ME THIS________DAY
OF____________________20____.
Notary Public My Commission Expires:
(Seal)
Public Works Employment Verification Form Copyright © 2015 The Gateway Engineers, Inc. All rights reserved.
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COMMONWEALTH OF PENNSYLVANIA
PUBLIC WORKS EMPLOYMENT VERIFICATION FORM
Date _______________________
Business or Organization Name (Employer)_______________________________________ Address ____________________________________________________________________ City _____________________________________ State___________ Zip Code __________
___Contractor ___ Subcontractor (check one)
Contracting Public Body ______________________________________________________ Contract/Project No __________________________________________________________ Project Description ___________________________________________________________ Project Location _____________________________________________________________
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
Public Works Employment Verification Form Copyright © 2015 The Gateway Engineers, Inc. All rights reserved.
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Instructions to Bidders
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INSTRUCTIONS TO BIDDERS
ARTICLE 1 – DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General
Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:
A. Issuing Office – The office from which the Bidding Documents are to be issued.
B. Successful Bidder – The lowest, qualified, responsible bidder to whom the Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.
ARTICLE 2 – COPIES OF BIDDING DOCUMENTS
2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the
Notice to Bidders may be obtained from the Issuing Office. The deposit is non-refundable.
2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
2.03 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 authorize or confer a license for any other use.
2.04 During the bidding period, Bidders may be furnished with Addenda for additions to or alterations of the plans or specifications which shall be included in the work covered by the Proposal and become part of the Contract Documents. Such Addenda shall be signed by the Bidder and submitted with the Bid.
ARTICLE 3 – QUALIFICATIONS OF BIDDERS
3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five days of Owner’s request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:
A. Evidence of Bidder’s authority to do business in the state where the Project is located.
B. Bidder’s state or other contractor license number, if applicable.
C. Subcontractor and Supplier qualification information; coordinate with provisions of Article
12 of these Instructions, “Subcontractors, Suppliers, and Others.”
3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.
3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.
3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.
3.05 If the Owner requires pre-qualification for the Project, the Bidder shall include the pre-qualification documentation for himself/herself/theirselves and his/her/their subcontractors and suppliers in the Bid documents.
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ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION
OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE
4.01 Site and Other Areas
A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.
4.02 Existing Site Conditions
A. Subsurface and Physical Conditions; Hazardous Environmental Conditions
1. The Supplementary Conditions identify:
a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.
b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).
c. reports and drawings known to Owner relating to Hazardous Environmental
Conditions that have been identified at or adjacent to the Site.
d. Technical Data contained in such reports and drawings.
2. Owner will make copies of reports and drawings referenced above available to any
Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the
Supplementary Conditions. Bidder is responsible for any interpretation or conclusion
Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.
3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.
B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and
Engineer by owners of such Underground Facilities, including Owner, or others.
C. No claims for additional compensation will be allowed because of obstructions or conditions on the location of the work which may add to the difficulties or costs of construction, even though such obstructions or conditions are not shown on the Contract Plans. The bidder shall make his own investigation to determine all underground structures and utility lines.
D. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and
Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the
Site, if any, and possible changes in the Contract Documents due to any Hazardous
Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.
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4.03 Site Visit and Testing by Bidders
A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.
B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.
C. On request, and to the extent Owner has control over the Site, and schedule permitting, the
Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.
D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.
E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.
4.04 Owner’s Safety Program
A. Site visits and work at the Site may be governed by an Owner safety program. As the
General Conditions indicate, if an Owner safety program exists, it will be noted in the
Supplementary Conditions.
4.05 Other Work at the Site
A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the
Site by Owner or others (such as utilities and other prime contractors) and relates to the
Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.
4.06 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 Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given
Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.
ARTICLE 5 – BIDDER’S REPRESENTATIONS
5.01 It is the responsibility of each Bidder before submitting a Bid to:
A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;
B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;
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C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;
D. carefully study 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. consider 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 the 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. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its 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. become aware of the general nature of the work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Bidding Documents;
H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;
I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;
and
J. agree that the submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article, 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 6 – PRE-BID CONFERENCE
6.01 A pre-Bid conference may be held in accordance with the requirements of the Bidding Documents and the Notice to Bidders. Representatives of Owner and Engineer will be present to discuss the
Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.
ARTICLE 7 – INTERPRETATIONS AND ADDENDA
7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to
Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of
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Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.
ARTICLE 8 – BID SECURITY
8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 10 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding
Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the
General Conditions.
8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the
Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract
Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.
8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the
Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.
8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.
ARTICLE 9 – CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Bid Form and in the Agreement.
ARTICLE 10 – LIQUIDATED DAMAGES
10.01 Provisions for liquidated damages, if any, for failure to timely attain Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Project Specifications and Agreement.
ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS
11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by
Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders.
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