4-CLSH-26-01 Contract Documents.pdf
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- Attached to
- CLSH Sewer System Rehabilitation Project
- Solicitation number
- Not on record
- Issued by
- Carbon County, Pennsylvania
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CLSH Sewer System Rehabilitation Project - Contract Documents Summary
This file contains the complete contract documents for the CLSH Sewer System Rehabilitation Project issued by the Coaldale-Lansford-Summit Hill Sewer Authority (CLSHSA) in Carbon and Schuylkill Counties, Pennsylvania. The project encompasses cleaning, televising, and selective lining/repair of sewer mains at multiple locations throughout the existing collection systems in Coaldale Borough, Lansford Borough, and Summit Hill Borough, where excessive infiltration and inflow have been identified through prior flow monitoring. Specific work items include mobilization/demobilization, cured-in-place pipe (CIPP) installation for 12-inch, 10-inch, and 8-inch PVC pipes totaling approximately 25,300 linear feet, sewer cleaning and television inspection of approximately 101,200 linear feet, temporary pumping, and maintenance of traffic controls. A mandatory pre-bid conference was scheduled for March 16, 2026 at 10:00 AM at the Authority office (162 W. Ridge Street, Lansford, PA 18232), with questions accepted through 4:00 PM on March 20, 2026 via PennBid. Bids were due by 11:00 AM on March 27, 2026 with public opening and results displayed online through PennBid. The contract was scheduled for review and award consideration at a special CLSHSA meeting on April 2, 2026 at approximately 6:00 PM. Contract performance must be substantially completed within 120 calendar days of notice to proceed and fully completed within 150 calendar days.
The successful bidder must submit bid security equal to 10 percent of the bid amount and all bids remain effective for 60 calendar days. Upon award, the contractor must furnish a Performance Bond and a Labor and Material Payment Bond, each in the amount of 100 percent of the contract price with a corporate surety approved by the Authority. Liquidated damages of $500 per day apply for failure to achieve substantial completion and $100 per day for failure to achieve final completion. The contract includes prevailing wage requirements in accordance with U.S. Department of Labor General Decision #PA20260008 (Construction Type: Heavy TV/Grout Sewer Clean) effective January 2, 2026, with wage determinations for classifications including Hydraulic Sewer Cleaning Truck Technicians and TV/Chemical Grout Sealing Technicians. Contractor's liability insurance requirements include workers' compensation at statutory rates, comprehensive general liability of $1,000,000 per occurrence with $2,000,000 annual aggregate, and additional coverages for contractual liability, personal injury, and automobile liability. The project is subject to Commonwealth of Pennsylvania financing through the Commonwealth Financing Authority Contract No. C000087174, and the Authority reserves the right to reject any or all bids and waive immaterial bidding defects at its discretion.
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C O N T R A C T D O C U M E N T S
CLSH SEWER SYSTEM REHABILITATION
PROJECT
CONTRACT CLSH-26-01
Prepared for:
Coaldale Lansford Summit Hill Authority (CLSH) 162 West Ridge Street Lansford PA 18232
March 2026
Prepared by:
Arro Consulting Company 1239 Centre Turnpike Orwigsburg, PA 17961
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
CONTRACT CLSH-26-01
COALDALE LANSFORD SUMMIT HILL AUTHORITY (CLSH)
CLSH SEWER SYSTEM REHABILITATION PROJECT
Invitation to Bid
1. Legal Notice
Instruction to Bidders
1. Instruction to Bidders
Bid Form
1. Bid Form
Bid Attachments
1. Bidders Qualification Form
2. Public Disclosure Information
3. Non-Collusion Affidavit of Prime Bidder
Contract Agreement
1. Standard Form of Agreement (EJCDC No. 1910-8-A-1)
Contract Forms
1. Notice of Award
2. Notice to Proceed
3. Application for Payment Form
4. Change Order Form
5. Work Change Directive
6. Certificate of Substantial Completion
7. Affidavit Form
8. Statement of Surety Form
9. Waiver of Mechanics Liens
10. Payment Bond
11. Performance Bond
12. Contractor’s Release Form
13. Waiver of Liens
Table of Contents
CLSH Sewer System Rehabilitation Project
Contract CLSH-26-01
Conditions of the Contract
1. Standard General Conditions of the Construction Contract
Supplementary Conditions
1. Supplementary Conditions of the Construction Contract
Exhibits to the Contract
1. Exhibit A – Duties of the Resident Project Representative
2. Exhibit B – Federal Wage Rate Determination
Grant Contract
1. Commonwealth Financing Authority Contract No. C000087174
Technical Specifications
See Technical Specifications Table of Contents
Drawings
1. CLSH System Map
2. Coaldale Sewer System Map
3. Summit Hill System Map
COALDALE LANSFORD SUMMIT HILL AUTHORITY
ARRO Consulting
INVITATION TO BID
INVITATION TO BID
The Coaldale-Lansford-Summit Hill Sewer Authority (CLSHSA), Carbon County, Pennsylvania will be receiving bids for Cleaning, Televising and selective lining/repair located within the municipalities of Coaldale Borough, Lansford Borough, and Summit Hill Borough in Carbon and Schuylkill Counties, Pennsylvania. Project activities will take place at multiple locations throughout the existing collection system where excessive infiltration and inflow have been identified through prior flow monitoring.
Specifications will be online starting March 6, 2026 via PennBid (https://pennbid.bonfirehub.com/) until 11:00 AM, March 27, 2026 at which time the bids will be publicly opened and the results publicly displayed online at (https://pennbid.bonfirehub.com/). Bids will be reviewed and considered at the CLSHSA special meeting on April 2, 2026 at approximately 6:00 PM.
Contract Documents for the work are on file and can be obtained electronically on PennBid for no cost. A fee for the documents, postage and handling will be charged to bidders wishing to receive a hard copy which can be ordered via the PennBid portal. A MANDATORY pre-bid conference has been scheduled for March 16, 2026 at 10:00 AM at the Authority office at 162 W. Ridge St, Lansford, PA 18232.
Questions will be accepted until 4:00 PM, prevailing time, on March 20,2026; All questions must be submitted through PennBid.
Bids for this Contract shall be accompanied by a Bid Security in the amount of ten percent (10%) of the Bid. All Bids shall be effective for sixty (60) calendar days.
The successful Bidder will be required to furnish and pay for a satisfactory Performance Bond, and a Labor and Material Payment Bond, each in the amount of 100% of the Contract Price with a corporate surety approved by the Owner.
CLSHSA reserves the right to reject any or all Bids or portions thereof, and to accept any Bid, or portion of Bid, and the right to waive any immaterial defects in the bidding process, which in its judgment is in the best interest of the Authority.
Coaldale-Lansford-Summit Hill Sewer Authority Jill Zwiesdak, Office Manager https://pennbid.bonfirehub.com/ https://pennbid.bonfirehub.com/
INSTRUCTIONS TO BIDDERS
INSTRUCTIONS TO BIDDERS
1.0 Defined Terms
1.1 Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the
Construction Contract, have the meanings assigned to them in the General Conditions. The Term "Bidder" means one who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified responsible and responsive Bidder to whom OWNER (on the basis of OWNER's valuation as hereinafter provided) makes an award.
The term "Bidding Documents" includes the Advertisement, Instructions to Bidders, the Bid Form, and the proposed Contract Documents as defined in Article I of the General Conditions (including all Addenda issued prior to receipt of Bids).
2.0 Copies of Bidding Documents
2.1 Complete sets of Bidding Documents must 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.
2.2 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.
3.0 Qualifications of Bidders
3.1 The OWNER will make such investigations, as it deems necessary to determine the ability and competency of the bidder to perform the work according to the requirements of all-applicable laws and regulations. Upon request of the OWNER, the Bidder shall furnish all such information and data for this purpose. The OWNER reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the OWNER that the Bidder is properly qualified to carry out the obligations of the Contract.
3.2 In determining Bidder responsibility for this work, attention will be given to the method of construction which the Bidder plans to follow, the available experienced and skilled men which he plans to use in the prosecution of the work, and the type of equipment owned; and he shall be prepared to furnish this information, in writing, at the OWNER's request.
3.3 To demonstrate qualifications to perform the Work, each Bidder is requested to submit with the bid, written evidence, such as financial data, previous experience, present commitments and other such data as called for in the Bidders Qualification Form attached to the packet of bidding documents.
3.4 The Bidder shall be required to prove to the satisfaction of the OWNER that he has, within the five (5) year period prior to the submission of the bid, successfully completed, under his present name and with his own forces, at least three (3) contracts for similar work in an amount not less than 85% of the proposed contract. By submission of a bid, the Bidder agrees to be bound by and accept the Bidders qualifications as set forth by the OWNER and the OWNER's determination/decision shall be final.
4.0 Examination of Contract Documents and Site
4.1 A mandatory Pre-Bid conference will be held at 10:00 AM on March 16, 2026 at the Authority Office, 162 W. Ridge Street, Lansford, PA 18232. At that time bidders may ask questions concerning the project.
4.2 It is the responsibility of each Bidder before submitting a Bid, to
(a) Examine the Contract Documents thoroughly
(b) Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work.
(c) Consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work.
(d) Study and carefully correlate Bidder's observations with the Contract Documents.
(e) Notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents.
4.3 Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such underground facilities or others. OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2 and 4.3 of the General
4.5 Before submitting a Bid each Bidder will be responsible to make or obtain all such explorations, tests and data concerning physical conditions (such as surface, subsurface and underground facilities) at or contiguous to the site, or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.
4.6 On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.
4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.
4.8 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 Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work.
5.0 Interpretations and Addenda
5.1 All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER.
Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded by ENGINEER as having received the Bidding Documents. Oral and other interpretations or clarifications will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or
ENGINEER.
5.3 All questions or interpretations of the plans, specifications, or other documents must be submitted via
PennBid by 4:00 PM on March 20, 2026.
6.0 Contract Time
6.1 The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement.
7.0 Liquidated Damages
7.1 Provisions for liquidated damages, if any, are set forth in the Agreement.
8.0 Subcontractors, Suppliers, and Others
8.1 All Subcontractors shall be listed on the Bid Form.
8.2 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven
(7) days after the Bid opening submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute.
8.3 If apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions would not constitute grounds for sacrificing the Bid security of any bidder. Any Subcontractor, Supplier, other person or organization listed and to whom OWNER or ENGINEER does not make written objection prior to tile giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.8.2 of the General
8.4 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection.
9.0 Bid Form
9.1 The Bid Form is included with the Bidding Documents.
9.2 All blanks on the Bid Form must be completed in ink or by typewriter.
9.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.
9.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.
9.5 All names must be typed or printed below the signature.
9.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).
9.7 The address and telephone number for communications regarding the Bid must be shown.
10.0 Substitute or "Or Equal" Items
10.1 The materials and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by ENGINEER at least fifteen (15) days prior to the date for receipt of Bids. Each such request shall include:
a) The name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation.
b) A statement setting forth any changes in other materials, equipment or Work that incorporation of the substitute would require shall be included.
The burden of proof of the merit of the proposed substitute is upon the Bidder. The ENGINEER's decision of approval or disapproval of proposed substitution shall be final. If ENGINEER approves any proposed substitution, such approval will be set forth in an Addendum issued to all prospective Bidders.
Bidders shall not rely upon approvals made in any other manner.
11.0 Submission of Bids
11.1 Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Prospective Bidders are furnished one (1) copy of the Bidding Documents with one separate unbound copy each of the Bid Form and the Bid Bond. The Bidding Documents may be retained by the Bidder. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and other required documentation as stipulated in the Proposal (Bid Form).
12.0 Modification and Withdrawal of Bids
12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a
Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.
12.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.
12.3 If the bid is withdrawn, the OWNER may either award the Contract to next lowest responsible Bidder or reject all bids and resubmit the project for bidding. If the OWNER elects to reject all bids and resubmit as a result of withdrawal (and not for other reasons), the withdrawing bidder is obliged to pay the costs of printing new contract documents, required advertising, and printing and mailing notices to prospective bidders.
13.0 Opening of Bids
13.1 Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.
14.0 Award of Contract
14.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. The OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.
14.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.
14.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.
14.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any
Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time.
14.5 If the contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder (the
"Successful Bidder"). In awarding bids, the OWNER shall have the right to take into consideration the following factors in addition to price:
a) Character, integrity, reputation and judgment of the Bidder
b) The previous and existing compliance of the Bidder with the requirements of all-applicable laws and regulations.
c) The number and scope of the conditions attached to the bid.
d) The ability, capacity, experience and skill of the Bidder to comply with the terms of the Contract.
14.6 If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty
(60) days after the date of the bid opening.
15.0 Signing of Agreement
15.1 When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten (10) days, thereafter OWNER shall deliver one (1) fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.
16.0 Bid Security
16.1 Each Bid must be accompanied by a bid security made payable to OWNER for ten (10) percent of the
Bidder's maximum Bid Price and in the form of a Certified Check or Bid Bond.
16.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security with fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of the other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by the OWNER until the earlier of the seventh day after the Effective Date of the Agreement or the sixty-first (61st) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids, which are not competitive, will be returned within seven (7) days of Bid opening.
17.0 Sales and Use Taxes
17.1 OWNER is exempt from Pennsylvania State and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price.
18.0 Wages and Salaries
18.1 The System for Award Management (SAM.gov), through the U.S. Government, determines federal wage rates for the construction industry and enforces the rates and classifications for construction projects when public funds are involved.
18.2 Attention of Bidders is particularly called to the requirements concerning the payment of not less than the federal wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. Thus, the successful bidder shall also have estimated the work in accordance with the enclosed "Federal Minimum Wage Determination", if applicable, and shall comply with all requirements of the "Minimum Wage Act of 1961 of the Commonwealth of Pennsylvania", 1961 August 15, P.L. 1313 and amendments thereto.
END OF INSTRUCTIONS TO BIDDERS
BID FORM
BID FORM
Project Identification:
CLSH Sewer System Rehabilitation Project
Contract Identification and Number:
CLSH-26-01
This Bid is Submitted To:
Coaldale Lansford Summit Hill Authority (CLSH) via PennBid 162 West Ridge Street Lansford PA 18232
1. The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an Agreement with
OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. The undersigned BIDDER submits the bid with the understanding that the BIDDER accepts all of the terms and conditions of the Advertisement and Instructions to Bidder, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER’s Notice of Award.
3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that:
a. Bidder has examined copies of all the Contract Documents and of the following addenda (receipt of all which is hereby acknowledged):
Date Number
b. BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.
c. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes.
d. BIDDER has reviewed and checked all information and data shown or indicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. Other than where called for by notes in the Contract Documents, no additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.
e. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
f. BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER.
g. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.
4. Bidder will complete the work in accordance with the Contract Documents for the following price(s):
Sewer line rehabilitation as described in Section 01010 (Summary of Work) of the Technical Specifications and Section 01220 (Unit Prices)
Item No
Description Quantity Unit Price
1 Mobilization/Demobilization 1 L.S.
2 Cured in Place Pipe
12” PVC 1,900 L.F.
10” PVC 1,900 L.F.
8” PVC 21,500 L.F.
3 Sewer Cleaning and Inspection Cleaning 101,200 L.F.
TV Inspection 101,200 L.F.
4 Temporary Pumping 1 L.S.
5 Maintenance of Traffic Controls 1 L.S.
Contract Price:
(use words)
(figures)
5. Contract Schedules
a. Bidder agrees that work will begin within fifteen (15) days of Notice to Proceed.
b. Bidder agrees that the work will be substantially completed within 120 calendar days after the date when the Contract Time commences to run.
c. Bidder agrees that the work will be finally completed within 150 calendar days after the date when the Contract Time commences to run.
Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time.
6. The following documents are attached to and made a condition of this Bid:
a. Required Bid security in the amount of ten percent (10%) of Base Bid.
b. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid.
c. Disclosure form, if bidder a corporation or partnership, listing ownership names and addressed.
d. Bidders Qualification Form.
7. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions and Supplementary Conditions.
SUBMITTED ON
If Bidder is:
An Individual:
By__________________________________________________________(SEAL) (Individual’s Name) doing business as ____________________________________________________
Business address: ____________________________________________________
Phone No. ____________________________________________________
A Partnership:
By__________________________________________________________(SEAL) (Firm Name)
By__________________________________________________________(SEAL) (General Partner) doing business as ____________________________________________________
Business address: ____________________________________________________
Phone No. ____________________________________________________
A Corporation:
By (SEAL) (Corporation Name)
By (State of Incorporation)
By (Name of Person Authorized to Sign)
By (Title)
Witness (Secretary)
Business address:
Phone No.
A Joint Venture:
By__________________________________________________________ (Name)
(Address)
(Name)
By__________________________________________________________ (Address)
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a part to the joint venture should be in the manner indicated above.)
BID ATTACHMENTS
Public Disclosure Information
Public Disclosure Information
In order to conform to Chapter 33 of the Public Laws of 1977, all corporations or partnerships must provide the following information.
1. Name of Firm:________________________________________________________________
2. Is Firm a Corporation Yes _____________ No ____________
3. Name of State in Which Incorporated: __________________________________________
4. Is Firm a Partnership: Yes _____________ No ____________
The following individuals own ten (10) percent or more of any class stock in the corporation or are a ten (10) percent or more partner in the firm.
NAME ADDRESS TITLE PERCENT
IF ANY OF THE AFOREMENTIONED STOCKHOLDERS BE A CORPORATION, WHEREBY THEY HOLD TEN (10) PERCENT OR MORE OF ANY CLASS STOCK IN BIDDING CORPORATION, THEY MUST ALSO PROVIDE THE
INFORMATION REQUESTED ABOVE.
Sworn to and The above information is true and Subscribed before me this ________ _ correct to the best of my knowledge.
Day of _____ ______, 20_ _ _
Signature
Name
Address
Title
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of Pennsylvania ) ) ss.
Counties of Carbon and Schuylkill )
___________________________, being first duly sworn, deposes and says that:
1. He/she is _________________________________________________________ (Owner, partner, officer, representative or agent) of/to ____________________________________________, the Bidder that has submitted the attached bid;
2. He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element for the Bid prices or the Bid price of any Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the County of Bucks or any person interested in the proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.
Signed: ____ ________________________
(Title)
Subscribed and sworn to before me
This ______________ day of _______________, 202___
Title: __________________________________
My Commission expires _________________________________.
CONTRACT AGREEMENT
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification.
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
[insert seals]
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General [seal] Contractors of America
Construction Specifications Institute
[seal]
This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. The suggested language for instructions of bidders contained in the Guide to the Preparation of Instructions to Bidders (No. 1910-12, 1996 Edition) is also carefully interrelated with the language of this Agreement. Comments concerning their usage are contained in the EJCDC User’s Guide (No. 1910-50). See also Guide to the Preparation of Supplementary Conditions (No. 1910-17, 1996 Edition).
EJCDC No. 1910-8-A-1 (1996 Edition)
Note to User
Certain states and federal agencies require provisions in public contracts which permit Contractors to deposit acceptable securities with Owner or a stakeholder in lieu of retainage. Many Owners will not accept this procedure except where required by Laws or Regulations. In the event such a procedure is required, the provisions of this Agreement and possibly those of the other Contract Documents dealing with retainage should be amended, and an attorney should be consulted to prepare the revised language. Among the issues to be addressed by such language are: initial and subsequent valuations of the securities, right to withdraw excess collateral and obligation to deposit additional collateral as market value changes, who is entitled to interest and dividends on deposited collateral, responsibilities of stakeholder, may collateral be freely sold in the event of Contractor default and method of such sale, and application of Uniform Commercial Code and state and federal security laws to the arrangement.
Copyright © 1996
National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2715
American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005
American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 i
Introduction
This Agreement between Owner and Contractor on the Basis of a Stipulated Price (“Agreement”) has been prepared for use with the Guide to the Preparation of Instructions to Bidders (“Instructions”) (No. 1910-12, 1996 Edition) and with the Standard General Conditions of the Construction Contract (“General Conditions”) (No. 1910-8, 1996 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Construction Related Documents (“Commentary”) (No. 1910- 9, 1996 Edition). For guidance in the preparation of Supplementary Conditions and coordination with Instructions to Bidders, see Guide to the Preparation of Supplementary Conditions (“Supplementary Conditions”) (No. 1910-17, 1996 Edition). See also Guide to Preparation of the Bid Form (“Bid Form”) (No. 1910-18, 1996 Edition). The EJCDC has not prepared a suggested form of Advertisement or Invitation to Bid because such documents will vary widely in response to statutory requirements.
This form and the other Bidding Documents prepared and issued by the EJCDC assume acceptance of the Project Manual concept of the Construction Specifications Institute which provides for an organizational format for location of all bound documentary information for a construction project, namely: Bidding Requirements (which term refers to the Advertisement or Invitation to Bid, the Instructions, and any bid form that may be suggested or prescribed, all of which provide information and guidance for all Bidders) and the Contract Documents (defined in Article 1 of the General Conditions), which include the Agreement, Bonds and Certificates, the General Conditions, the Supplementary Conditions, the Drawings, and the Specifications. The Bidding Requirements are not considered part of the Contract Documents because much of their substance pertains to the relationships prior to the award of the Contract and has little effect or impact thereafter and because many contracts are awarded without going through the bidding process. In some cases, however, the actual Bid may be attached as an exhibit to the Agreement to avoid extensive retyping. (The terms “Bidding Documents” and “Bidding Requirements” are defined in Article 1 of the General Conditions.) The Project Manual concept is explained in the Manual of Practice issued by the Construction Specifications Institute.
Suggested language is presented herein with “Notes to User” to assist in preparing the Agreement. Much of the language should be usable on most projects, but modifications and additional provisions will often be necessary. The suggested language has been coordinated with the other standard forms produced by the EJCDC. When modifying the suggested language or writing additional provisions, the user must check the other documents thoroughly for conflicts and coordination of language usage and make appropriate revisions in all affected documents.
For brevity, referenced paragraphs of the Instructions to Bidders with the prefix “I,” those of the Bid Form with the prefix “BF,” and those of this Agreement with the prefix “A.”
Refer to Contract Documents Bibliography (No. 1910-24, 1996 Edition), which will be helpful in preparing the Agreement, and see in particular the discussions in EJCDC’s Recommended Competitive Bidding Procedures for Construction Projects (“Bidding Procedures”) (No. 1910-9-D, 1987 Edition) by Robert J. Smith, P.E., Esq., on the particular paragraphs of which frequent reference is made below.
NOTES:
1. EJCDC publications may be ordered from NSPE headquarters at 1420 King Street, Alexandria, VA 22314-2715; or ACEC headquarters at 1015 15th Street NW, Washington DC 20005; or ASCE headquarters at 345 East 47th Street, New York, NY 10017.
2. CSI publications may be ordered from CSI headquarters at 601 Madison Street, Alexandria, VA 22314.
3. AIA publications may be obtained from most local AIA chapter offices or by writing to AIA headquarters at 1735 New
York Avenue NW, Washington DC 20006.
4. The Associated General Contractors of America has a series of construction related documents which may be of interest. The AGC’s Publications and Services Catalog may be obtained from AGC headquarters at 1957 E Street NW, Washington DC 20006.
EJCDC
00500-2
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is by and between Coaldale Lansford Summit Hill Authority (CLSH) (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:
CLSH Sewer System Rehabilitation Project
The Work includes cleaning, televising, and sewer main repair
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:
See 1.01
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by
Arro Consulting Corporation who is hereinafter called ENGINEER and who is to act as OWNER’S representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within 120 days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 150 days after the date when the Contract Times commence to run.
00500-3
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $100 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A and B below:
A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of
Unit Price Work times the estimated quantity of that item as indicated in this paragraph 5.01.A:
UNIT PRICE WORK
No.
Item
Unit
Estimated Quantity
Unit Price
Total Estimated
TOTAL OF ALL UNIT PRICES _________________________________________ $__________(dollars) (use words)
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.
B. For all Work, at the prices stated in CONTRACTOR’S Bid, attached hereto as an exhibit.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
00500-4
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’s Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
a. 90% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and
b. 90% of cost of materials and equipment not incorporated in the Work (with the balance being retainage).
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 95% of ENGINEER’S estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 0 % per annum.
ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
00500-5
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
G. CONTRACTOR 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 Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional…
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