00 21 13 Instructions to Bidders

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

CAPITAL REGION WATER

2027 SEWER SYSTEM IMPROVEMENTS PROJECT

ARTICLE 1. QUALIFICATIONS OF BIDDERS

1.1 Bidder may be investigated by Owner to determine if they are qualified to perform the Work.

Upon Owner’s or Engineer’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as required by the

Qualification Statement, Document 00 41 20. Owner may request the most recent financial statement from one or more Bidders. All Bidders shall be prepared to submit within three (3) days of a request by Owner or Engineer, written evidence of such information and data necessary to respond to Owner’s requests specifically and completely.

1.2 The investigation of a Bidder will seek to determine whether the organization is adequate in size, is authorized to do business in the jurisdiction where the project is located, has had previous experience, has available equipment and financial resources that are adequate to assure Owner that the Work will be completed in accordance with the terms of the Agreement and is otherwise a responsible contractor under the provisions of applicable law. The amount of other work to which the Bidder is committed may also be considered.

1.3 In evaluating Bids, Owner will consider the qualifications of only those Bidders whose Bids are in compliance with the prescribed requirements.

1.4 Owner reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy Owner that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the Work contemplated therein.

1.5 In accordance with PA ACT 141 of 2022 concerning public works employment verification, Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to confirm the employment eligibility of all persons employed by the Contractor during the term of the

Contract to perform employment duties within Pennsylvania and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the

Owner. The Contractor shall complete the form found on the Pennsylvania Department of

General Services website at the following address and provide a copy to the Owner:

https://www.dgs.pa.gov/Design-and-Construction/Public-Works-Employment-

Verification/Documents/e-Verify Compliance Form PDF Fill-In.pdf

1.6 Bidder must certify on the bid form that Bidder has no current unresolved dispute with Owner with a value exceeding $1,000.

ARTICLE 2. COPIES OF CONTRACT DOCUMENTS

2.1 Complete sets of the Bidding Documents may be obtained online at no fee from PennBid. No paper copies will be available from Owner or Engineer. A Contractor is automatically added to the list of bidders after they download any document from PennBid.

https://www.dgs.pa.gov/Design-and-Construction/Public-Works-Employment-%20Verification/Documents/e-Verify%20Compliance%20Form%20PDF%20Fill-In.pdf https://www.dgs.pa.gov/Design-and-Construction/Public-Works-Employment-%20Verification/Documents/e-Verify%20Compliance%20Form%20PDF%20Fill-In.pdf

2.2 Complete sets of Contract 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 Contract Documents.

2.3 Owner and Engineer in providing Contract Documents do so only for the purpose of obtaining

Bids for the Work and do not confer a license or grant for any other use.

2.4 Selected Contractors will be provided a complete set of Contract Documents from Owner or

Engineer or upon request of the Bidder at no charge.

ARTICLE 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

3.1 Before submitting a Bid, each Bidder must and attest they have:

A. examined the Contract Documents thoroughly;

B. visit the site(s) to become familiar with local conditions that may in any manner affect cost, progress, or performance of the Work;

C. become familiar with Applicable Laws, as defined in the General Conditions, that may in any manner affect cost, progress, or performance of the Work;

D. study and carefully correlate Bidder’s observations with the requirements of the Contract

Documents;

E. consider the information known to Bidder; information commonly known to contractors doing work in the locality of the site(s); information and observations obtained from visits to the site(s); 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, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. agree that, at the time of the submission of the 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(s) 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 the other

Prime Contractors at the site, if any, that relates to the Work as indicated in the Bidding

Documents;

H. promptly give the Owner and 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 Owner and 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 of the Work;

J. review the requirements of Capital Region Water’s Minority Women and Disadvantaged

Business Enterprise Plan and the forms contained in the Bidding and Contract Documents;

K. this section not used;

L. agree that the Bidder will furnish labor that work in harmony with all other elements of labor to be employed on the Project.

3.2 Surveys, GIS information, and investigative reports of subsurface or latent physical conditions at the site which have been relied upon by Engineer in preparing the Contract Documents, if any, are identified elsewhere in the Contract Documents. Any such reports are not guaranteed or warranted as to accuracy or completeness. Copies of any such documents may be obtained from the Engineer upon request.

3.3 Before submitting a Bid, Bidders may, at their own expense, make such additional investigations and tests as they may deem necessary to determine their Bid for performance of the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

3.4 On request and where practicable, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for the submission of a Bid.

Bidder shall clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and

Regulations, including those related to excavation and utility locations.

3.5 The lands upon which the Work is to be performed, rights of way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the General

Conditions, General Requirements or on the Drawings.

3.6 The Contract Documents contain performance criteria for material and equipment that meet the intent of the design for a complete project. Where no specific manufacturers are named, performance criteria are specified for Contractor’s use in choosing the appropriate material or manufacturer for review and approval by the Owner and Engineer. Whenever it is specified or described in the Contract Documents that an “or equal” item of material or equipment may be furnished or used by Contractor, and Contractor wishes to furnish and install an item that is not named, the procedures for submission of any such application by Contractor and consideration by Engineer are set forth in the General Conditions and may be supplemented in the General Requirements.

3.7 The submission of a Bid will constitute an incontrovertible representation that the Bidder has

(1) obtained, reviewed, and included in its Bid all Addenda; (2) complied with every requirement of this Article 3; and (3) that the Bidder concurs that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

ARTICLE 4. INTERPRETATIONS

4.1 All questions about the meaning or intent of the Bidding Documents shall be received in writing by the Engineer via PennBid™. The identity of the Bidder asking the question is not disclosed to other Bidders. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda not later than three (3) business days before the bid opening date and posted on PennBid™ followed by a notice via PennBid™ to all registered bidders. Questions received less than five (5) business days prior to the date for opening of

Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

4.2 Bidders are responsible for determining that they have received all Addenda issued and will be bound by all Addenda issued, whether or not the Addenda have been received and reviewed by the Bidder.

ARTICLE 5. MANDATORY PRE-BID CONFERENCE

5.1 A mandatory pre-bid conference will be held at the time and place set forth in the Advertisement for Bids. Representatives of Owner and Engineer will be present to discuss the Project. A review of site access and other Project related items will be discussed.

ARTICLE 6. BID SECURITY

6.1 Each Bid must be accompanied by cash, bid bond, or a certified check, or a treasurer's or cashier's check issued by, a responsible bank or trust company having physical operations in

Pennsylvania, payable to “Capital Region Water.” A copy of the Bid security in the amount stated in the Invitation to Bid shall be uploaded via PennBid™ contemporaneously with the Bid submission. All Bid security – except those of the three (3) lowest responsive responsible

Bidders will be returned within five (5) business days after opening of the Bids. All Bid security will be returned on the execution of the Agreement or if no award is made, within one-hundred and twenty (120) calendar days after the actual date of opening of the Bids, unless forfeited under the conditions herein stipulated. The three (3) lowest responsible and eligible Bidders shall submit all documents submitted with the bids in original form and signatures to the

Engineer receiving the bids within three (3) business days following bid opening.

6.2 In case a Bidder to whom a Contract is awarded shall fail or neglect to execute the Agreement and furnish the satisfactory bonds and certificates of insurance within the time stipulated, Owner may determine that the Bidder has abandoned the Contract, and thereupon the Bid

Forms and acceptance shall be null and void and the Bid security accompanying the Bid Form shall be forfeited to Owner as liquidated damages for such failure or neglect and to indemnify said Owner for any loss which may be sustained by failure of the Bidder to execute the

Agreement and furnish the bonds as aforesaid, provided that the amount forfeited to Owner shall not exceed the difference between the Bid Price of said Bidder and that of the next lowest responsible and eligible bidder and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such Bid security may be returned to the Bidder.

After execution of the Agreement and acceptance of the bonds by Owner, the Bid security accompanying the Bid Form of the Successful Bidder will be returned.

ARTICLE 7. PERFORMANCE, PAYMENT, AND OTHER BONDS

7.1 Performance, Payment, and other Bonds shall be provided in accordance with Article 6 of the

General Conditions.

7.2 All Bonds required as Contract Security shall be furnished with the executed Agreement.

ARTICLE 8. BID FORM

8.1 The individual submitting the Bid must have the power and authority to tender the Bid on behalf of his or her company. The Bid Form provides additional instructions on who can execute a Bid and bind the Bidder and on what documents, if any, must be submitted with Bid and uploaded using the PennBid™ website. The “Submissions” tab on PennBid™ contains the electronic Bid

Form. A Bid price shall be indicated for each section, item, and, if any, bid alternate and unit price items listed therein. The PennBid™ program will automatically calculate the extended estimate price. Bidder shall enter a price for the Prime Contract(s) that the Bidder wishes to enter a Bid. Enter a zero (0) for any other Prime Contracts that the Bidder does not wish to bid.

To be complete, all entries applicable to one of the contracts being bid must be completed. If the PennBid™ Program is idle for 50 minutes, a logout warning will appear. Bidders must acknowledge the warning, or they will be logged out and the Bidder’s data will not be saved or submitted. There are several Help Guides available from the PennBid™ Home page. If additional support is needed, click the “Technical Support” link located on PennBid™ or call PennBid™ at

(610) 693-4769.

8.2 The Bid price of each item on the form shall be stated in Arabic numerals, and the total bid must be stated in both written text and Arabic numerals. If unit prices are required on the Bid

Form, discrepancies between unit prices and their respective total amounts will be resolved in favor of the unit prices. Discrepancies between words and Arabic numerals will be resolved in favor of Arabic numerals. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

8.3 This section not used.

8.4 The Bid Form requires bidding Unit Prices and/or Lump Sum items, and all requested Unit Prices shall be bid. If the Unit Price Work will be performed at no cost to Owner, the Bidder shall so indicate by writing "No Change", "None", "Zero", "0", "No cost", "N/A" or the equivalent of any of these entries, in the space provided. The use of any of these entries, or the failure to enter an amount in the blank for Unit Price Work, shall be treated conclusively as a Bid of zero dollars for that Work.

8.5 Bids by corporations shall 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 shall be affixed and attested by the secretary, an assistant secretary, treasurer or assistant treasurer. The corporate address and state of incorporation shall be shown below the signature. The Bidder shall complete the information applicable to corporate bidders in the signature section of the Bid.

8.6 Bids by Limited Liability Companies shall be executed in the Limited Liability name by the

Manager (or other Limited Liability Company officer/representative accompanied by evidence of authority to sign.) The Limited Liability Company address and state where the Limited

Liability Company was formed shall be shown below the signature. The Bidder shall complete the information applicable to Limited Liability Companies bidders in the signature section of the

Bid.

8.7 Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title shall appear under the signature. The official address of the partnership shall be shown below the signature. The Bidder shall complete the information applicable to partnership bidders in the signature section of the Bid.

8.8 All names shall be typed or printed below the signature.

8.9 The Bid Form may contain a requirement of an acknowledgement of receipt of all Addenda, in which case the numbers of which shall be filled in or the receipt of all Addenda shall otherwise be acknowledged.

8.10 The address to which communications regarding the Bid are to be directed shall be shown.

8.11 The failure to execute or complete a blank on the Bid Form shall cause the Bid to be rejected only if the amount of the base Bid or a Unit Price cannot be determined. The failure of the

Bidder to sign the Bid Proposal Form shall be conclusively treated as a nonresponsive Bid, and the Bid shall be rejected. The failure to attest to the signature made on behalf of a corporate

Bidder or a Bidder which is Limited Liability Company shall not make the Bid nonresponsive.

8.12 The Bidder shall not condition, qualify, or otherwise assert a stipulation of any kind in the Bid.

Any condition, qualification or stipulation added to the Bid Proposal Form shall be disregarded and the Bid accepted as if the condition, qualification, or stipulation did not appear. Only in the event that, notwithstanding the disregarding of the condition, qualification or stipulation, the amount of the base Bid cannot be determined shall the Bid be rejected.

8.13 As a precondition to the reading and acceptance of any Bid tendered by any corporation not incorporated in the Commonwealth of Pennsylvania, or the Bid of any other form of business organization including, but not limited to, a sole proprietorship, a limited partnership or a limited liability company not domiciled in the Commonwealth, the corporation, limited liability company, limited partnership or sole proprietorship shall comply with any applicable

Commonwealth requirements related to registration.

8.14 A corporation not incorporated in the Commonwealth shall provide a Certificate of Authority, or, if a Certificate has neither been issued or denied, the application for the Certificate, as an attachment to the Bid. This Certificate of Authority shall be issued by the Department of State, Commonwealth of Pennsylvania, pursuant to the provisions of Section 4121 of the Business

Corporation Law of 1988 (15 Pa. C.S. § 4121) of the Commonwealth of Pennsylvania.

8.15 A foreign limited liability company and a foreign limited liability partnership shall comply with the registration requirements set forth in 15 Pa. C.S. § 8981 and § 8582 respectively.

8.16 A Bidder who has adopted any other form of business organization, including but not limited to a sole proprietorship, and is not domiciled in the Commonwealth, shall establish that it has complied with applicable registration requirements or that no such requirements exist under

Applicable Laws.

8.17 Bidder shall include on the Bid Form or in a separate submittal uploaded on the PennBid website, his Mercantile Number from each municipality where the Work is installed, as required by Article

18 of these Instructions.

8.18 Minimum Participation Levels

A. Following the submission of DBE documentation in compliance with EPA Regulations regarding initial solicitations, if any, it is the intent of the Owner to ensure nondiscrimination in the award and administration of contracts. The requirements of this program are intended to create a level playing field on which minority, women, veteran, service-disabled-veteran, and LGBT-owned business enterprises can compete fairly for the Owner’s contracts and subcontracts, to help remove barriers to the participation of minority, women, veteran, service-disabled veteran, and LGBT-owned business enterprises and to assist the development of firms that can compete successfully in the marketplace outside of this program.

Owner has established the following minimum participation levels (MPLs) for Minority

Business Enterprises (MBEs), Women’s Business Enterprises (WBEs) and other

Disadvantaged Business Enterprises (DBEs) (i.e., Veteran or Service-Disabled Veteran

Business Enterprises or LGBT Business Enterprises) in accordance with the

Minority/Women/Disadvantaged Business Enterprise Plan, the provisions of which are incorporated as though fully set forth herein.

i. MBEs = fifteen percent (15.0 %) of the total dollar amount of the General Construction contract.

ii. WBE, Veteran, Service-Disabled Veteran or LGBT Business Enterprise = five percent

(5%) of the total dollar amount of the General Construction contract.

MPLs for the various categories of MBEs/WBEs/DBEs are established for this project to be used solely as a threshold in determining Prime Bidder responsibility. Prime Bidders are presumed to meet their responsibilities under CRW’s Plan if the dollar commitments to MBEs, WBEs and other DBEs reflect these participation levels. A Prime Bidder will not be rejected as non-responsible solely because it fails to reach the MPLs. To determine the participation level that has been reached, a Prime Bidder shall divide the total dollar amount of the commitments for the project by the total dollar amount of the Prime Bidder’s contract award.

B. Bidders are advised to solicit MBE/WBE/DBE participation only from MBE enterprises, WBE enterprises, Veteran or Service-Disabled Veteran Business Enterprises, and LGBT Business

Enterprises that provide Work, including equipment and materials, that will be used on the

Project. Mass mailing and emailing to entities that are not potentially able to participate as a Subcontractor is discriminatory and will be treated as such by the Owner.

C. When the Bidder has determined that a proposal from a potential MBE/WBE/DBE

Subcontractor is not being used, Bidder shall identify the majority Subcontractor or

Subcontractors whom Bidder intends to use instead, and the reason for the selection of the majority Subcontractors.

D. In soliciting MBEs/WBEs/DBEs, the potential MBE/WBE/DBE proposers shall be afforded the opportunity to propose on the same scope of Work that is offered to majority

Subcontractors. In addition, potential MBE/WBE/DBE proposers shall be solicited in the same manner as the Prime Bidder solicits majority Subcontractors. To do otherwise is discriminatory and will be treated as such by the Owner.

E. Bidders are advised that wage certifications may at the discretion of the Owner be reviewed and compared with information found within the reports submitted during construction administration.

F. MBE/WBE/DBE Subcontractors will be credited toward the MPLs at 100%. MBE/WBE/DBE stocking suppliers and manufacturers are credited at 100%. MBE/WBE/DBE non-stocking suppliers, which are commonly and ordinarily the custom in the industry and a part of the industry’s trade practices, are credited at 100%. Non-stocking suppliers, which are not commonly and ordinarily the custom in the industry nor a part of the industry’s trade practice, are not credited.

G. MBE/WBE/DBE Prime Bidders will be credited towards the MPLs at 100%. CRW shall make a rebuttable presumption that the Prime Bidders has not engaged in discriminatory practices in the solicitation and utilization of MBEs, WBEs and other DBEs to perform as

Subcontractors on the project. The Prime Bidders shall receive the full credit for meeting the MPL’s provided that 50% of the labor on the contract is self-performed. CRW will make reasonable efforts to seek out MBE, WBE and other DBE firms that can perform as Prime

Contractors.

H. A prospective subcontractor that qualifies as an MBE, a WBE and/or as a DBE, will only receive credit toward MPLs for one but not for both or all three. Prime Bidders must indicate on the MBE/WBE/DBE Solicitation and Commitment Statement (similar in content to Exhibit

1 attached to these Instructions to Bidders) how the prospective subcontractor should be credited.

I. An MBE, WBE or a DBE which is the Prime Bidder on a project will receive full MPL credit for its own work effort for services provided. Such a business bidding as prime contractor should nonetheless attempt to hire and solicit certified MBE, WBE or any other DBE for participation in subcontracts.

J. MBE/WBE/DBE Subcontractors providing labor must self-perform at least seventy-five percent (75%) of the cost of the subcontract, not including the cost of materials. Each Prime

Bidder shall provide CRW with his, her, or its workforce information at the time of bidding.

K. MBE/WBE/DBE firms participating in a joint venture shall be treated as Subcontractors for the purpose of meeting the MPLs.

ARTICLE 9. RECEIPT OF BIDS

9.1 Bids for the work of this Contract must be received at the date time indicated in these Contract

Documents, and as provided in PennBid and the Advertisement.

9.2 To submit a Bid, Bidders must fill out the Bid Form, check the Verification Statement and click the Submit Bid button at the bottom of the Bid form page. When submitted properly, the Bidder will receive an acknowledgment appearing in the middle of the screen saying, “Your Bid has been submitted.” The completed Bid form can be printed or saved to MS Excel by clicking the icons in the middle of the Bid form page.

9.3 Bidder is cautioned that it is the Bidder’s responsibility to assure that its Bid is in the possession of Owner through use of the PennBid™ website prior to the stated time for submission.

9.4 Bidder shall submit online sealed Bids electronically with documents and information required by the Contract Documents, including following documents:

A. Completed Electronic Bid Form by entering bid on PennBid.

B. Complete appropriate signature page, Document 00 41 16 – 1, 2, 3 or 4.

C. Non-Collusion Affidavit, Document 00 45 19.

D. Public Works Employment Verification Form, Document 00 45 46.

E. Bid Security Document 00 43 13.

F. Documents required by Article 8 of these Instructions including sections 8.5 to 8.7 and 8.14 to 8.17.

G. Documents required by Capital Region Water’s Minority, Women and Disadvantaged

Business Enterprise Plan, including Exhibit 1 (MBE/WBE/DBE Solicitation and Commitment

Statement, attached to these Instructions to Bidders), as well as additional documents and information required by Article 8 of the Instructions to Bidders—specifically Paragraph 8.18.

H. Qualification Statement, Document 00 41 20.

I. Certificate of Authority or its equivalent for an out-of-state Bidder to do business in the

Commonwealth of Pennsylvania or, if a Certificate has neither been issued or denied, the application for the Certificate.

J. Operating Agreement of a Limited Liability Company (LLC), or equivalent form of business organization Documents required by Article 8 of the Instructions to Bidders.

K. Certification of Non-Segregated Facilities and Non-Employment of Illegal Alien Labor.

L. Certification of Bidder Regarding Equal Employment Opportunity.

*The maximum individual file size is 20 MB when uploading any document to PennBid™.

9.5 Upon request by Owner, Bidder will submit the below listed documents in original form and signature to Owner within three (3) business days:

A. Bidder’s financial statement for the most recent fiscal year.

B. Documents permitted or required to be provided, corrected, or supplemented, post-bid submission, by these Instructions, including by section 11.4.

9.6 The Bidder is precluded from disclosing the electronic Bid or its contents to competitors.

9.7 The Bidder acknowledged and understands that any information received by Owner may be subject to the Pennsylvania Right to Know Law, 65 P.S. § 67.101 et seq.

ARTICLE 10. MODIFICATION AND WITHDRAWAL OF BIDS

10.1 Bids may be modified only 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 within the PennBid™ program.

10.2 Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof) for the opening of Bids within the PennBid™ program.

10.3 No Bid may be withdrawn for a period of sixty (60) calendar days with an additional sixty (60) calendar days if the project award is delayed by the required approval of another government agency, the sale of bonds, award of a grant, or other procurement of funding money after the actual date of the opening of Bids as provided for in 62 Pa. C.S. § 3911.

ARTICLE 11. AWARD OF CONTRACT

11.1 This section not used.

11.2 The Bid Form requests the submission of a Bid on a unit price basis, and Bidder shall submit a

Bid for each item of Work listed. The total of all unit prices for which there are estimated quantities will be the sum of the products of the estimated quantity of each item times the corresponding unit price and will be included in the Base Bid.

11.3 By submission of the Bid, Bidder agrees to perform the Work, furnish all materials, and complete the Work in its entirety in the manner and under the conditions required for the prices listed.

The prices bid shall be deemed to include all labor, materials, bailing, shoring, overhead, profit, insurance, bonds, and all other requirements and incidentals necessary for the execution of the

Work. The Contract will be awarded to the lowest responsible and responsive Bidder (the

Successful Bidder). Such a Bidder shall possess the skill, ability, and integrity necessary for the faithful performance of the work. The term “lowest responsible Bidder” as used herein shall mean the Bidder whose Bid is the lowest of those Bidders who possesses the skill, ability, and integrity necessary to the faithful performance of the Work.

11.4 Owner reserves the right to reject any or all bids; to waive any defects, errors, omissions, irregularities or informalities in a Bid or the Bid procedure; and to accept any Bid which it may deem to be for or in the best interest of Owner. Provided that the integrity of bid amounts are not compromised, the failure of the Bidder to submit with his completed and executed Bid Form signature pages, Non-Collusion Affidavit, Bid Security, documents listed on the Bid Form, and other Bidding Documents required herein, or to provide a complete document, may be treated as a minor irregularity which, in the discretion of Owner may be waived and the Bid accepted, provided that the omitted document or missing portion of the document is submitted after the

Bid within three (3) days of written notice from Owner of the deficiency and of the opportunity to cure.

11.5 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected wholly as unbalanced.

11.6 Owner also reserves the right to reject the Bid of any Bidder that Owner considers to be unqualified in accordance with Article 1 of these Instructions and any applicable Law or

Regulations.

11.7 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty (60) calendar days with an additional sixty (60) calendar days if the award is delayed by the required approval of another government agency (including that related to approvals by or on behalf of the EPA), the sale of bonds or award of a grant, after the actual date of the opening of Bids. All Bids shall remain open for sixty (60) calendar days with an additional sixty (60) calendar days if the award is delayed by the required approval of another government agency, the sale of bonds or award of a grant, after the actual date of the opening of the Bids but Owner may, at Owner’s sole discretion, release any Bid and return the Bid Security prior to that date.

11.8 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 Agreement.

11.9 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 12. EXECUTION OF AGREEMENT

12.1 The Owner, during the period allowed and any extensions thereof, in its sole discretion, may after selection of a Bidder issue a notice of intent to award. Any such notice is not a Contract

Document and is not an award. Thereafter, Owner may award a Contract to the Bidder selected by Owner and sign the Owner-Contractor Agreement, provided that the Bidder delivers to the

Owner (by delivery to the Engineer unless an Owner’s notice of intent to award shall designated a different place) within five (5) business days of notice the following:

A. Executed Agreement (executed in the required number of counterparts) in the form set forth in the Contract Documents.

B. Performance and Payment Bonds in the form set forth in Contract Documents and in accordance with these Instructions to Bidders.

C. Insurance Certificates, policies, or other evidence of insurance for insurance coverages that the Contractor is required to maintain.

D. Corporate resolutions showing authorization of representative to sign the Agreement (other than the officials listed by position), and similar documents showing the authorization of a representative of a Limited Liability Company to sign.

E. Mercantile license information for each municipality where Work is performed by Contractor as part of the Project unless the required information was included in a submittal at the time of the Bid.

F. Other documents and submittals required by the Contract Documents.

Failure of the Bidder, to whom notice of intent to award has been given, to deliver the above items required by the Contract Documents within five (5) business days shall constitute grounds for the Owner to declare the Bidder’s Bid Security forfeited and to award to another Bidder.

12.2 When Owner receives the Agreement and other submittals in proper form, Owner shall deliver one fully signed counterpart to the successful Bidder with a complete set of Contract

Documents.

ARTICLE 13. SAFETY AND HEALTH REGULATIONS

13.1 This project is subject to the Safety and Health Regulations (CFR 29, Part 1926, and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24,1974 and CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as Applicable to Construction.

13.2 The Successful Bidder shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91

596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91 54).

13.3 The Successful Bidder shall have a competent person or persons, as required under the

Occupational Safety and Health Act on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act.

13.4 The Successful Bidder shall comply with the Owner’s safety program.

ARTICLE 14. MANUFACTURER’S EXPERIENCE

14.1 Wherever it may be written that an equipment or material manufacturer must have a specified period of experience with its product, equipment which does not meet the specified experience period can be considered if the equipment supplier or manufacturer is willing to provide a bond or cash deposit for the duration of the specified time period, which will guarantee replacement of that equipment in the event of failure. Such bond shall be an Efficiency Guarantee Bond, executed on forms to be approved by the Owner.

ARTICLE 15. ACCESS TO WORK

15.1 Representatives of the Owner and any local agencies having a direct interest in the Work shall have complete access to the Work under this contract, whether it is in the preparation or progress, and the Contractor shall provide proper facilities for such access and inspection.

ARTICLE 16. SALES TAX

16.1 Owner is exempt from Pennsylvania state sales and use tax on certain materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph

7.09 of the General Conditions for additional information.

ARTICLE 17. WAGE RATES

17.1 PA Prevailing Wage Rates: All laborers and mechanics employed by Contractors and subcontractors providing services on this Project shall be paid wages at rates not less than those prevailing on Projects of a character similar in the locality as determined by the

Department of Labor and Industry, through the Bureau of Labor Law Compliance in compliance with Act of 1961, P.L. 987 No. 442.

ARTICLE 18. EROSION AND SEDIMENTATION CONTROL PLAN

18.1 Contractor shall comply with the Erosion and Sedimentation Control Plan, as provided in the

Contract Documents, in every respect. See Section 31 25 00.

ARTICLE 19. MERCANTILE TAX NUMBER

19.1 The Bidder must include his Mercantile License Number in his Bid, in his Qualification Statement, or in another document required to be submitted, for each municipality in which Contractor shall install Work as part of the Project. The Mercantile Tax Number for Harrisburg is available from the City’s Tax and Enforcement Office (717-255-6513). No contract will be awarded by

Owner until proof of the Mercantile Tax Number(s) is submitted to Owner.

Owner: Capital Region Water

Owner’s Representative: Herbert, Rowland & Grubic, Inc., 369 East Park Drive, Harrisburg, PA 17111

Work on this Project will be performed in the City of Harrisburg, Dauphin County.

ARTICLE 20. PA STEEL ORIGIN CERTIFICATION

20.1 PA Steel Origin Certifications are to be executed by the Contractor and submitted following the

Notice of Intent to Award.

20.2 PA Steel Origin Certifications are to be executed by each equipment and material supplier for products and materials which fall under the PA Steel Products Procurement Act. Certification must be submitted as part of the “Shop Drawing” Submittal Process.

20.3 For all equipment and materials which fall under these Requirement, the Contractor must include (along with the Shop Drawing submission) certificates from the supplier, fabricator, manufacturer, processor, etc. certifying compliance with the PA Steel Products Procurement

Act.

ARTICLE 21. CONTRACTOR

21.1 The successful bidder will be known as the Contractor. The successful bidder to whom a contract

(the “Agreement”) is awarded will be required to comply with all applicable federal and state laws, rules, regulations, orders and approvals, and all applicable ordinances, rules, and regulations.

END OF SECTION (with Exhibits 1-6)