1-2025.09.25 CWU-48-M Allen Hall Wall Construction Spec.pdf

PROJECT MANUAL

Commonwealth University of Pennsylvania - Mansfield

Allen Hall Structural Retaining Wall

Project No: CWU-0048-M

PREPARED FOR:

ENGINEER:

Greenman – Pedersen, Inc.

52 Glenmaura National Blvd, Suite 302 Scranton, PA 18505

(570) 342-3700

September 25, 2025

CWU-0048-M Table of Contents Page 1 Allen Hall Structural Retaining Wall Replacement

CWU-0048-M: Allen Hall Structural Retaining Wall Replacement

SECTION 00 0110

TABLE OF CONTENTS

Solicitation for Construction Special Instructions to Bidders .................................................................................................................................. 1-3 General Instructions to Bidders .................................................................................................................................. 1-8 Bid Form .................................................................................................................................................................... 1-4

Contract Form Standard Form of Contract ......................................................................................................................................... 1-4 Contract Bond Form .................................................................................................................................................. 1-6 General Conditions .................................................................................................................................................. 1-35 Insurance Rider .......................................................................................................................................................... 1-3 Prevailing Wage Determination Rates ...................................................................................................................... 1-7

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 011000 - SUMMARY

SECTION 011101 - SPECIAL PROVISIONS

SECTION 012300 - ALTERNATES

SECTION 012600 - CONTRACT MODIFICATION PROCEDURES

SECTION 012900 - PAYMENT PROCEDURES

SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION

SECTION 013119 - PROJECT MEETINGS

SECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION

SECTION 013300 - SUBMITTAL PROCEDURES

SECTION 013500.03 - SAFETY AND HEALTH REQUIREMENTS

SECTION 014500 - QUALITY CONTROL

SECTION 015000.02 - TEMPORARY FACILITIES AND CONTROLS

SECTION 016000 - PRODUCT REQUIREMENTS

SECTION 016200 - PRODUCT OPTIONS

SECTION 017123 - FIELD ENGINEERING

SECTION 017329 - CUTTING AND PATCHING

SECTION 017419 - CONSTRUCTION WASTE MANAGEMENT

SECTION 017700 - CLOSEOUT PROCEDURES

SECTION 017823 - OPERATION AND MAINTENANCE DATA

SECTION 017836 - WARRANTIES

SECTION 017839 - PROJECT RECORD DOCUMENTS

DIVISION 31 - EARTHWORK

SECTION 311000 - SITE CLEARING

SECTION 312000 - EARTH MOVING

DIVISION 32 - EXTERIOR IMPROVEMENTS

SECTION 321216 - ASPHALT PAVING

SECTION 321313 - CONCRETE PAVING

SECTION 321373 - CONCRETE PAVING JOINT SEALANTS

SECTION 323224 - GRAVITY PRECAST MODULAR RETAINING WALL SYSTEMS

SECTION 329113 - SOIL PREPARATION

SECTION 329200 - TURF AND GRASSES

DIVISION 33 - UTILITIES

SECTION 334200 - STORMWATER CONVEYANCE

END TABLE OF CONTENTS

Solicitation for Construction 71-FA-8.2 Special Instructions to Bidders Solicitation No. CWU-0048-M Page 1 of 3

STATE SYSTEM OF HIGHER EDUCATION

COMMONWEALTH OF PENNSYLVANIA

SPECIAL INSTRUCTIONS TO BIDDERS

PROJECT INFORMATION

Project Title: Allen Hall Structural Retaining Wall Replacement

Project No: CWU-0048-M

Location: CWU Mansfield Campus, Mansfield, PA 16933

Project Scope: Commonwealth University – Mansfield Campus of the PA State System of Higher Education invites General Contractors to download bid documents for this project. Work included under this Project consists of rehabilitation and remediation of a currently failing retaining wall between Allen Hall and Wilson Avenue. Work shall include slope stabilization with stone, drainage, pavement improvements and all other work as shown on the contract documents.

Work shall be accomplished by a Separate Prime Contractors according to Pennsylvania statute. The Lead Prime Contractor shall be the General Construction Contractor and shall include, but is not necessarily limited to, the furnishing of all labor, superintendence, materials, tools and equipment and performing all work necessary to complete all construction identified on the Contract Documents to the satisfaction of, and subject to approval of the Professional and the University.

Contract Time: see Standard Form of Contract

Prevailing Wages: Yes; see Standard Form of Contract

Liquidated Damages: No; see Standard Form of Contract

Contract Cost Ranges: CWU-0048-M.1 General $200,000 - $210,000

Directions: Visit www.mansfield.edu for driving directions

BIDDING INFORMATION

Issuing Office: Wesley Light, Construction Procurement Lead PASSHE c/o Commonwealth University 400 E. Second Street Bloomsburg, PA 17815

Contracting Officer: Wesley Light

Design Professional: Greenman-Pedersen, Inc.

50 Glenmaura National Blvd., Suite 102 Scranton, PA 18505

(570) 507-9006 phone Attn. Matt Chorbai, PE

Plans and Specs: Available for download at no cost on PennBid at https://pennbid.bonfirehub.com.

Bidders must obtain all bid documents from PennBid and not any other bid exchanges to be eligible to submit a bid proposal.

http://www.mansfield.edu/

Solicitation No. CWU-0048-M Page 2 of 3

Bids Due Date/Time: December 3, 2025 at 1:00 PM EDT

Method of submission of bids for this IFB (see Sections 1 and 7 of the General Instructions to Bidders):

by upload of electronic documents to PennBid at https://pennbid.bonfirehub.com/

A MANDATORY: Pre-bid Conference Date/Time: November 6, 2025, at 1:00 P.M. at Allen Hall Room 104, Mansfield, PA 16933.

Mandatory or Not: Attendance is mandatory

Location: Allen Hall Room 104 on the campus of Mansfield University, Mansfield, PA 16933

Site Visits: Yes, following the Pre-Bid Conference

Point of Contact/Submittal of Bids:

Wesley Light, Construction Procurement Lead PASSHE c/o Commonwealth University 400 E. Second Street Bloomsburg, PA 17815 Phone: (717) 517-6304 Email: wlight@passhe.edu

Technical Matters:

Matt Strahan

Project Manager Commonwealth University Office of Planning & Construction Facilities Management Department Email: mstrahan@commonwealthu.edu Phone: 570-389-4300

Submit Pre-Bid Questions through the “Ask a Question” feature in PennBid only.

Cut-off Date for Pre-Bid Questions: November 14, 2025 by 12:00 PM EST.

Responses to questions which require addenda or changes to the Bidding Documents will be posted on PennBid. Bidders who have registered with and downloaded documents for this project from PennBid will be notified when a change or addenda has been posted.

REAAs for Small Diverse Business (SDB) proactive solicitation:

Not Applicable

Bid Security Required: Not Required

Bid Security Allowed: Not Required

Bid Period: Bids shall be valid for not less than 60 days https://pennbid.bonfirehub.com/ mailto:wlight@passhe.edu mailto:mstrahan@commonwealthu.edu

Solicitation No. CWU-0048-M Page 3 of 3

Special Requirements: As outlined in 011101 Special Provisions Provide Contractors Qualification Statement (A305) and Performance Plan with bar chart project schedule outline to be submitted with Bid – Use May 18, 2026 as on-site start date. The Contractor shall prosecute the Work diligently and substantially complete the Work not later than following dates; Substantial Completion: July 31, 2026 and Final Completion: August 7, 2026.

Items Required to be Submitted with the Bid: Bid Form

Performance Plan with bar chart project schedule outline, and work force requirements for contractors with bid as outlined in 011101 {to be submitted with Bid) Contractor’s Qualification Statement (A305)

Performance, Payment, Required with the Contract: 100% of awarded Contract Price

Maintenance Bonds Required with the Contract: 10% of awarded Contract Price

Solicitation for Construction 71-FA-8.2 General Instructions to Bidders Solicitation No. CWU-0048-M Page 1 of 8

GENERAL INSTRUCTIONS TO BIDDERS

1. PennBid Bonfire - Bid Event The System uses the PennBid Bonfire web-based platform for public notice for Invitations for Bids (IFBs).

Specific instructions related to the PennBid Bonfire Bid Event are posted online. The bid documents take precedence over any online instruction.

Detailed information about submission and acceptance of bids is addressed in Section 7 below.

2. Responsibility of the Bidder It is the responsibility of the bidders by careful examination of the Contract Documents to satisfy themselves as to the nature and location of the Work, as well as all environmental conditions that may affect performance of the Work. All bidders should visit the site to thoroughly familiarize themselves with the existing conditions. If any discrepancies should be found between existing conditions and the Contract Documents, prospective bidders shall report these discrepancies to the System for clarification prior to submitting a bid. Requests for interpretation of the Work to be performed shall be submitted in writing to the System or the System's designated representative. Failure of the bidder to visit the site, recognize and take into account in their bid site conditions that affect the Work, shall not be considered sufficient cause for any increase in the agreed-upon contracted amount. If subsurface drilling or other exploration has been performed at the Project site, information resulting from such drilling and/or exploration and provided to the System in forms and/or subsurface drilling reports is included in the Technical Plans and Specifications.

3. Incurring Costs The System is not liable for any cost or expenses incurred by bidders or prospective bidders in the preparation of their bids or for attendance at any conferences, meetings, or site visits related to this IFB.

4. Restriction of Contact From the issue date of this IFB until a final contract award has been made, all contacts with Commonwealth personnel concerning this IFB must be made only through the Issuing Office or other specific representatives identified for the IFB on PennBid Bonfire Bid Event.

5. Addenda to the IFB If it becomes necessary to revise any part of this IFB, Addenda will be issued. If Addenda are issued, all terms and conditions that are not changed remain. Bidders shall acknowledge on the Bid Form all Addenda, identified by the numbers and dates of those Addenda. Bidders are responsible for ensuring they are aware of all Addenda prior to submitting their bid.

6. Questions and Answers to the IFB The PennBid Bonfire Bid Event provides a message board for on-line questions and answers. The System will post answers to questions, as applicable. If there are a significant number of questions and/or complex questions/answers, the answers may be consolidated and provided in an Addendum. Posted answers shall

Solicitation No. CWU-0048-M Page 2 of 8 be considered official, as if included in an Addendum. Answers will be posted in a timely-enough manner for bidders to be able to adequately consider them. Bidders are responsible for ensuring they are aware of all posted answers prior to submitting their bid.

7. Submission and Acceptance of Bids Bids shall be entered on the Bid Form provided elsewhere in this IFB. The completed Bid Form shall be PDF format, and uploaded to the PennBid Bonfire Bid Event not later than the bid due date and time to be considered as responsive to the bid requirements. Bidders submitting bids for more than one separate prime contract shall prepare and upload separate Bid Forms.

All other items required to be submitted with the bid shall be PDF format and uploaded in the same manner and at the same time as the Bid Form. Items may be separate PDF files, or combined into one PDF file; or may be combined into one PDF file with the Bid Form. If separate PDF files are used, however, they must be gathered into a Zip file for uploading. Bidders submitting bids for more than one separate prime contract shall prepare, scan, and upload separate items for each separate prime contract.

The apparent low bidder may be asked to submit one (1) original hard copy of their Bid Form, and one (1) original hard copy of their bid security, if required for the IFB, with all entries in ink or typewritten and with original signatures, within 48 hours of bid opening date and time. Other items required to be submitted with the bid may also be required to be submitted as original hard copies.

The System will not be responsible if the bidder is not able to upload their scanned PDF Bid Form if the problem is not associated with a failure of PennBid Bonfire itself. Uploaded Bid Forms and other documents which are not readable when accessed by the System will be rejected as non-responsive.

To be considered, bids must be a complete response to the IFB, and must contain all elements required to be submitted with the bid. An omission of prices requested on the Bid Form may be sufficient cause for rejection of the entire bid as non-responsive.

Bidders may submit modifications to their bids at any time before the bid due date and time. Modifications to bids shall be accomplished by withdrawing their bid form and uploading a new bid form. Otherwise, all bids shall be unconditionally accepted without alteration or modification except as authorized in this IFB.

Bids may be withdrawn up to the time of bid opening.

Requests for withdrawal of bids after bid opening based on an erroneous bid and/or a mistake in the bid, in accordance with the Commonwealth Procurement Code 62 P.S. 512(f), must be made within two (2) working days after the date of bid opening.

8. Bid Security If a bid security is required, each bid must be accompanied by a certified check, bank cashier's check, or Bid Bond. Specific bid security required, and the type, for the solicitation is identified on the PennBid Bonfire bid event. Failure to submit bid security, if required, will result in the rejection of the bid as non-responsive.

If a check is allowed, it shall be drawn to the order of the System. If a Bid Bond is used as the security, it must be submitted on the System-furnished Bid Bond form, complete with all signatures, seals, and certificate of power of attorney. Failure to use the System Bid Bond form for a bid bond will result in the rejection of the bid as non-responsive. The Bid Bond form is located elsewhere in this IFB.

The bid security will be forfeited if a bid or any part thereof is accepted by the System and the bidder fails to furnish approved performance and payment bonds, if required, and execute the contract within the time frame stated in the Notice of Award.

All bid security not forfeited, except for the two lowest responsive, responsible bidders, shall be released on or before the thirtieth (30th) day after the bid opening. The bid security of the two lowest responsive, responsible bidders, except where forfeiture is involved, will be returned, or released, as appropriate, upon execution of the performance and payment bonds and the contract by the lowest responsive, responsible bidder. In the event no contract is awarded by the System, the bid security of the two lowest responsive, Solicitation No. CWU-0048-M Page 3 of 8 responsible bidders will be returned, or released, as appropriate, on or about sixty (60) days after the bid opening, unless an extension is agreed upon.

9. Business Certification The Bid Form contains a Bidder Business Certification section that bidders must complete.

If the bidder is incorporated or organized in a state other than Pennsylvania, the bidder must be registered to do business in Pennsylvania. If the bidder is operating under an assumed or fictitious name, the bidder must have registered that name in Pennsylvania. No contract will be awarded to a foreign (non-Pennsylvania) corporation, LLC, LLP, or LP, or to an assumed or fictitious name, unless the bidder has complied with the registration requirements of Pennsylvania statutes.

Information on business registration in the Commonwealth of Pennsylvania is available from the Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations, 206 North Office Building, Commonwealth Avenue & North Street, Harrisburg, PA 17120.

10. Submission of Small Diverse Business (SDB) Participation Information If applicable, bidders must submit with their bid the required SDB participation information. The SDB Requirements Instructions, and the required SDB Solicitation Form, are located elsewhere in this IFB.

11. Selection for Award The System intends to award a contract or contracts resulting from this IFB to the responsible bidder(s) who submitted a responsive bid(s) which represents the lowest price to the System based on the bid evaluation plan.

If unit-priced bid items are included on the Bid Form, the System reserves the right to make an award on any item for a quantity less than the estimated quantity offered.

If the Bid Form includes multiple Bid Items, the System reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the System's best interest to do so.

12. Tie Bids When two or more low bids are equal in all respects, a recognized simple "game of chance" will be used to determine which equally-eligible bidder is to be awarded the contract. For two equally-eligible bidders, a coin flip or a drawing of straws or lots may be used. For three or more equally-eligible bidders, a drawing of straws or lots will be used. Equally-eligible bidders will have the opportunity to witness the process, if applicable.

13. Unbalanced Bids The System may reject a bid as nonresponsive if it is materially unbalanced as to prices for the basic requirement, any unit prices, and/or any options. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more Bid Form line items is significantly overstated or understated.

A bid may be rejected if the System determines that the lack of balance poses an unacceptable risk to the System.

Solicitation No. CWU-0048-M Page 4 of 8

14. Apparent Clerical and Other Mistakes on the Bid Form For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the Bid Form as submitted by the bidder:

a. Obviously misplaced decimal points will be corrected.

b. For a discrepancy between a unit price and its extended price, the unit price will govern.

c. Apparent errors in extension of unit prices will be corrected.

d. Apparent errors in addition of lump-sum and extended prices will be corrected.

In the case of a discrepancy between written words and numbers, the written words will govern.

15. System's Right to Reject Bids The System reserves the right to reject any bid if it shows any omission, alteration, addition, or deduction not called for; if it contains substitutions or exceptions; if it is conditional or represents an uninvited alternate bid; or if it contains irregularities of any kind. The System reserves the right, however, to waive technical defects or minor irregularities. Additionally, in the event a bidder fails, refuses, or neglects to provide any requested information or documents within the time stated in this IFB or upon the System's request, the System will have the right to reject their bid as non-responsive.

The System reserves the right to reject at any time all bids received.

16. Anti-Bid-Rigging The bids of any bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one bid in such manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a collusive bidder. The System may reject the bids of any collusive bidder upon bid openings of future projects. By submitting a bid, a bidder is certifying that they are not engaged in collusive bidding or bid rigging relative to this bid. Nothing in this section shall prevent a bidder from superseding a bid by a subsequent bid delivered prior to bid opening which expressly revokes the previous bid.

17. Reciprocal Limitations Act Requirements The Reciprocal Limitations Act (62 P.S. 107) is applicable to contracts of $10,000 and greater.

The Reciprocal Limitations Act requires the System to give bidders a preference against a nonresident bidder from any state that gives or requires a preference to bidders from that state. The amount of the preference shall be equal to the amount of the preference applied by the state of the nonresident bidder.

The following is a list of the states which have been found by the Commonwealth of Pennsylvania to have applied a preference for in-state bidders and the amount of the preference:

Arizona 5% (construction materials from Arizona resident dealers only)

Montana 3%

West Virginia 2.5% (for the construction, repair, or improvement of any buildings)

Wyoming 5%

The Reciprocal Limitations Act also requires the System to give preference to those bidders offering supplies produced, manufactured, mined, or grown in Pennsylvania against those bidders offering supplies produced, manufactured, mined, or grown in any state that gives or requires a preference to supplies produced, manufactured, mined, or grown in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular supply. The following is a list of states which have

Solicitation No. CWU-0048-M Page 5 of 8 been found by the Commonwealth of Pennsylvania to have applied a preference for in-state supplies and the amount of the preference:

Alaska 7% (applies only to timber, lumber, and manufactured lumber products originating in the state)

Arizona 5% (construction materials produced or manufactured in the state only)

Hawaii 10%

Louisiana 10% (steel rolled in Louisiana)

7% (all other products)

Montana 5% (for residents offering in-state goods, supplies, equipment, and materials)

3% (for non-residents offering in-state goods, supplies, equipment, and materials)

New Mexico 5%

Oklahoma 5%

Washington 5% (fuels mined or produced in the state only)

Wyoming 5%

The Reciprocal Limitations Act also requires the System to not specify, use, or purchase supplies which are produced, manufactured, mined, grown, or performed in any state that prohibits the specification for, use of, or procurement of such supplies in or on its public buildings or other works when such supplies are not produced, manufactured, mined, or grown, or performed in that state. The following is a list of the states which have been found by the Commonwealth of Pennsylvania to have prohibited the use of certain out-of-state supplies:

Georgia forest products only

Indiana coal

New Jersey various products, to include but not limited to: chain link fence, portable sanitation units, glass, glazier supplies, carpet and cushion, shades, upholstery materials and supplies, room air conditioning, electrical supplies, plumbing supplies, hardware supplies, fasteners, lumber, building supplies, audio/visual equipment, fire extinguishers, fire hose, motor oils, fuel oil, Venetian blinds, and drapes

New Mexico construction

The above lists and amounts of preferences are those related to construction contracts only. The complete list of preferences for all contracts, supplies, and services is available from the Commonwealth of Pennsylvania Department of General Services.

18. Nondiscrimination The System is an equal opportunity employment agency with nondiscrimination/sexual harassment requirements, as contained in the General Conditions for the Construction Contract. It is the policy of the System to award and administer contracts for goods and services in a nondiscriminatory manner, to promote the affirmative participation of minority-owned and women-owned businesses in procurement activities and awards, and to integrate into procurement processes the necessary practices and procedures for the procurement of all goods and services for the System to effectively implement the policy.

19. Debarred Contractors Contractors currently under suspension or debarment by the Commonwealth, any other state, or the Federal government, are not eligible for award of any contract for this Project. By submitting a bid, a bidder is certifying that they are not currently under suspension or debarment by the Commonwealth, any other state, or the

Solicitation No. CWU-0048-M Page 6 of 8

Federal government. Additionally, contractors shall not contract with or employ any subcontractors, suppliers, or individuals that are currently under suspension or debarment. A current list of suspended or debarred contractors is available by contacting the Department of General Services, Office of General Counsel, North Office Building Room 603, Harrisburg, Pennsylvania 17125.

20. Delinquent Payments By submitting a bid, a bidder is certifying that, to the best of their knowledge, they are not delinquent in the payment of taxes or other levies to the Pennsylvania Department of Revenue, the Pennsylvania Department of Labor & Industry, or any other Commonwealth Agency or entity.

21. Submission of Contractor Qualification and/or Financial Information Upon request, or if specifically required by the terms of this IFB, the apparent low bidder may be requested to submit a contractor's qualification and/or financial statement within ten (10) calendar days of the bid date, with financial information current within twelve (12) months prior to the bid date, of which statements shall be certified to be true and correct by an affidavit sworn to or affirmed before a notary public or other officer empowered to administer oaths or affirmations.

22. Financial Requirements To be deemed a responsible bidder, the bidder may be required to demonstrate, in relation to the bid price, adequate financial and other resources in order to be able to successfully prosecute the work. Additional information may be requested by the System whenever, in its judgment, such information is necessary to determine the responsibility of the bidder.

23. Contractor Performance Evaluation Systems The System may utilize a contractor performance evaluation system or tool established by the Department of General Services or by another Commonwealth agency, entity, or instrumentality to obtain past performance information on the bidder. Such information may be used in a determination of the bidder’s responsibility.

24. Commonwealth of Pennsylvania Contractor Responsibility Program (CRP) The System may utilize the Commonwealth of Pennsylvania CRP System, as provided for under the Governor's Office's Management Directive 215.9 Amended, Contractor Responsibility Program, dated October 25, 2010, to ensure that the System contracts only with responsible contractors.

25. References and Past Performance The System reserves the right to contact any and all references provided by the bidder, as well as any of the bidder’s past or current clients and/or customers, to glean information on the bidder’s past performance and experience. Such information may be used in a determination of the bidder’s responsibility.

26. Award of Contract The System may, solely at its own discretion, award a contract within sixty (60) days from the date of bid opening. A time extension may be made by written consent of the lowest responsive responsible bidder.

Award will be consummated by a Notice of Award letter mailed to the Contractor.

Solicitation No. CWU-0048-M Page 7 of 8

The System contemplates award of a firm fixed price contract resulting from this IFB. The contract into which the parties are anticipated entering is the System's Standard Form of Contract for Construction, located elsewhere in this IFB.

The System will provide to the contractor the completed Contract for signature with the Notice of Award letter. The Contract will not become effective until executed by all necessary Commonwealth officials as provided by law.

27. Notice to Proceed (NTP) The System will endeavor to issue the NTP within 120 days of the bid opening. Any delays caused by the contractor's failure to provide any required documents within the specified time will cause an equivalent number of days to be added to this 120-day time frame.

28. Performance, Payment, and Maintenance Bonds Should Performance, Payment, and/or Maintenance Bonds be required, the System will provide to the Contractor with the Notice of Award letter the blank System Contract Bond form. The Contractor's surety company must be authorized to do business in the Commonwealth of Pennsylvania and must successfully demonstrate in writing prior to award that the amount of bond or reinsurance or other security has been obtained in conformance with the Pennsylvania Insurance Company law of 1921, 40 P.S. 832. If specifically required by the terms of this IFB, as indicated in the Special Instructions to Bidders, the Contractor’s surety company may be required to be rated at a specific level or better by A.M. Best and Company. Failure of the Bidder to execute the required Performance, Payment, and/or Maintenance Bonds within the time specified may result in payment to the System their bid security, in the amount of the difference between their bid and the next lowest responsive responsible bid, or the bid security amount, whichever is less. The System shall have the right to award the contract to the next lowest responsive responsible bidder.

29. PA E-Verify The Commonwealth of Pennsylvania enacted Act 127 of 2012, known as the Public Works Employment Verification Act (‘the Act’), which requires all public work contractors and subcontractors to utilize the Federal Government’s E-Verify system (EVP) to ensure that all employees performing work on public work projects are authorized to work in the United States. The Department of General Services’ (DGS) Public Works Employment Verification Compliance Program is responsible for the administration, education, and enforcement of the Act. Information on the Act and DGS' program are available on DGS' web site.

Contracts resulting from this solicitation will fall under the Act and the associated DGS compliance program.

Contractors will be required to sign and submit to the university, as a pre-condition of being awarded a contract, the Commonwealth of Pennsylvania Public Works Employment Verification Form (the Form). The Form is available on DGS' web site and/or through the university.

30. Investment Activities in Iran The Commonwealth of Pennsylvania enacted Act 149 of 2014, which prohibits entities which engage in certain investment activities in Iran from entering into a contract with the Commonwealth. Contractors may be required to sign and submit to the university, as a pre-condition of being awarded a contract, a certification stating that they are not on the Department of General Services' list of entities whom the Department determined are engaged in investment activities in Iran, as described in Act 149.

31. News Releases News releases and media contacts regarding this Contract and Project will be made by the System only, unless the System directs otherwise in specific instances. In such instances, the System shall receive prior

Solicitation No. CWU-0048-M Page 8 of 8 review and approval of such releases. In any case, Contractors shall not use the name of the System or any University for promotional or marketing purposes without the System’s prior written approval.

32. Pennsylvania Right-to-Know Law Effective January 1, 2009, all responses to this procurement opportunity are subject to the Pennsylvania Right-to-Know Law, 65 P.S. §67.101 et seq., (Act 3 of 2008). The Right-to-Know Law permits any requestor to inspect and/or copy any record prepared and maintained or received in the course of the operation of a public office or agency that is not subject to the enumerated exceptions under the law. If a bidder’s/proposer’s response to the procurement opportunity contains a trade secret or confidential proprietary information, the bidder/proposer should include with their response a separate signed written statement to that effect. Should the response become the subject of a Pennsylvania Right-to-Know Law request, the bidder/proposer will be notified by the procurement office to identify all trade secrets or confidential and proprietary information that is included in your response. The agency will then determine whether the claimed trade secret or confidential and proprietary information is subject to disclosure.

33. Right to Protest A bidder or prospective bidder or prospective contractor who is aggrieved concerning the solicitation or award of a contract may protest, as provided for in the Commonwealth Procurement Code, 62 Pa C.S.

1711.1. Protests shall be made in writing by submitting the protest to the Office of the Chancellor, State System of Higher Education, 2986 North Second Street, Harrisburg PA 17110. A copy of the protest shall be mailed simultaneously to the Contracting Officer identified for the solicitation on the PennBid Bonfire bid event. All protests must be received within seven (7) calendar days after the protestant knew, or should have known of the facts giving rise to the protest. If a protest is submitted by a prospective bidder, the protest must be received prior to the bid opening date/time. If a protestant fails to file a protest or files an untimely protest, the protestant shall be deemed to have waived its right to protest the solicitation or award of the contract in any forum. Untimely filed protests will be disregarded. A protest must state all grounds upon which the protestant asserts the solicitation or award of the contract was improper. The protestant may submit with the protest any documents or information it deems relevant to the protest. Upon receipt and evaluation of the protest, the Office of the Chancellor will render a written decision, in accordance with the procedures outlined within the Commonwealth Procurement Code.

Solicitation for Construction 71-FA-8.2 Bid Form Solicitation No. CWU-0048-M Page 1 of 4

BID FORM

Note: The Bid Form pricing information is included with the Bidding Documents for Reference.

Bidders shall complete the attached manual bid form and electronic bid form within PennBid

(“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified. The manual bid form pricing submission information shall take precedent.

BID FOR:

Contract No. CWU-0048-M

Title of Project Allen Hall Structural Retaining Wall Replacement

Location Commonwealth University – Mansfield Campus, Mansfield, PA 16933

BID FROM:

Firm Name

Federal ID No.

Address

Telephone

Fax

E-mail

Name of Contact for this Bid

The Bidder agrees to perform the work specified in the Contract Documents, under the terms and conditions specified in the Contract Documents, without exceptions or substitutions, and under any required additional certifications and conditions attached hereto, for the prices proposed on this Bid Form.

The Bidder additionally certifies that requirements in the Instructions to Bidders are met.

The Bidder acknowledges the Addenda hereinafter enumerated, which have been issued during the period of bidding, and agrees that contents of said Addenda shall become incorporated into the Contract.

Addenda No. Date Issued

Solicitation No. CWU-0048-M Page 2 of 4

GENERAL CONSTRUCTION BASE BIDS

CWU-0048-M.1: Allen Hall Structural Retaining Wall Replacement

BASE BID No. 1 – General Construction All work complete as shown on the drawings and described in the specifications, for the sum of:

Dollars $

(WRITTEN) (FIGURES)

BASE BID No. 2 – General Construction All the work indicated in Base Bid No. 1 except for the following changes: Provide gravity wall in lieu of rip rap stabilization as shown on the drawings and described in the specifications, for the sum of:

Dollars $

(WRITTEN) (FIGURES)

Solicitation No. CWU-0048-M Page 3 of 4

BIDDER'S BUSINESS CERTIFICATION

TYPE OF BUSINESS (check one of the three options below, and circle the correct entries within)

The Bidder is a Pennsylvania Corporation, LP, LLP, or LLC (circle one), organized and existing under the laws of Pennsylvania, and so is authorized to do business in Pennsylvania by the

Pennsylvania Business Corporation Law of 1988, as amended.

The Bidder is a Foreign Corporation, LP, LLP, or LLC (circle one), organized and existing under the laws of the state of (enter the name of the state), and has or has not (circle one) been granted a certificate of authority, or is or is not (circle one) registered, to do business in

Pennsylvania as required by the Pennsylvania Business Corporation Law of 1988, as amended.

The Bidder is an Individual, Proprietorship, Partnership, or other (circle one), trading under a fictitious or assumed name, and has or has not (circle one) registered under the Pennsylvania Fictitious

Names Act of 1982, as amended.

RESIDENCY (complete one of the two options below)

Does your firm have a street address in Pennsylvania at which it was transacting business when the

Notice to Contractors for this contract was issued?

If "Yes", insert the address, or insert "same as address on page 1."

If "No," insert the address of the office responsible for this bid, or insert "same as address on page 1."

(In either case, provide a street address in lieu of a post office box.)

Solicitation No. CWU-0048-M Page 4 of 4

BID SIGNATURE PAGE

CERTIFICATIONS

The person(s) signing below certifies that:

− he/she(they) is(are) authorized to represent the Bidder and bind the Bidder to this bid, − and, the information contained in or with this bid is true and correct, and that this information is material and important and will be relied upon by the System in awarding the contract for which this bid is submitted.

If the Bidder is an Individual, Proprietorship, or Partnership:

(one signature and one witness signature required)

(Signature) (Witness)

(Date)

If the Bidder is a Corporation, LP, LLP, or LLC:

(two signatures required)

(President/Vice President) (Secretary/Treasurer)

(Date)

(CORPORATE SEAL)

Contract for Construction 71-FA-8.2 Standard Form of Contract Contract No. CWU-0048-M.1 Page 1 of 4

STANDARD FORM OF CONTRACT

FOR

CONSTRUCTION

BETWEEN THE SYSTEM AND THE CONTRACTOR

This Contract is made and entered into this ______ day of __________, 20_____, in Columbia County, Pennsylvania, by and between

Commonwealth University of Pennsylvania

400 E. Second Street Bloomsburg, PA 17815 of the State System of Higher Education Commonwealth of Pennsylvania hereinafter called the "System " and

---Contractor's Name--- ---address--- ---address---a corporation/LP/LLP/LLC/partnership/etc.

organized in the state of ___________

Federal I.D. No. ___________, hereinafter called the "Contractor."

CONTRACT SUM AND DESCRIPTION

The Contractor agrees to perform the scope of work described in the Contract Documents for the sum of [- --award amount, in both words and numbers---] and within the time specified in the section Contract Time below.

Contract No. __________________________

Base Bid(s) Awarded __________________________

Prime Contract General Construction

Project Name CWU-0048-M: Allen Hall Structural Retaining Wall Replacement

University/Location Commonwealth University – Mansfield Campus / Mansfield, PA

EFFECTIVE DATE OF CONTRACT

The parties hereto, intending to be legally bound, hereby do agree that this Contract shall not be effective until executed by all necessary Commonwealth officials as provided by law.

CONTRACT TIME

The date for commencement of the Work is the date of the Notice to Proceed. Unless otherwise specified in the Notice to Proceed, on-site Work shall commence no earlier than, May 18, 2026. The Contractor shall prosecute the Work diligently and substantially complete the Work not later than following dates; Substantial Completion: July 31, 2026 and Final Completion: August 7, 2026.

Contract No. CWU-0048-M.1 Page 2 of 4

LIQUIDATED DAMAGES

If the Contractor fails to complete the Work within the Contract Time specified in this Contract, including any and all approved extensions or adjustments thereto that are properly executed under the procedures outlined by the Contract, the Contractor shall pay liquidated damages, not as a penalty, to the System in the amount of zero ($0.00) dollars for each calendar day of delay until the Work is substantially completed and accepted.

PREVAILING WAGE

This Project is subject to the Pennsylvania Prevailing Wage Act, 43 P.S. § 165-1 et seq, as amended. The Prevailing Minimum Wage Determination for this Project is Serial Number 25-09547, dated October 24, 2025.

For Laborers Classification Notes refer to Dept. of L&I Prevailing Wage Quick Links:

http://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/prevailing-wage/Pages/Quick-Links.aspx

DESIGN PROFESSIONAL

The System's Design Professional for this project is:

Greenman-Pedersen, Inc.

50 Glenmaura National Blvd., Suite 102 Scranton, PA 18505

(570) 507-9006 phone Attn. Matt Chorbai, PE

CONSTRUCTION MANAGER

The System's Construction Manager for this project is:

Matt Strahan Project Manager Commonwealth University Office of Planning & Construction Facilities Management Department Email: mstrahan@commonwealthu.edu Phone: 570-389-4300

OTHER SYSTEM REPRESENTATIVES

None

NOTICE

Unless otherwise specifically identified by any provision of this Contract, a notice shall be deemed sufficient if given in writing and delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or delivered by a nationally-recognized express mail service, charges prepaid, receipt obtained, to the persons signing this contract and at the addresses captioned on Page 1 of this Standard Form of Contract, or to such other persons or addresses as are specified by similar notice.

COMMITMENTS TO SMALL DIVERSE BUSINESSES (SDB)

http://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/prevailing-wage/Pages/Quick-Links.aspx mailto:mstrahan@commonwealthu.edu

Contract No. CWU-0048-M.1 Page 3 of 4

LEADERSHIP IN ENERGY & ENVIRONMENTAL DESIGN (LEED)

CONTRACT DOCUMENTS

The terms, conditions, requirements, and considerations of this Contract are specified in the Contract Documents. The Contract Documents include this Standard Form of Contract plus the following:

Contract Bond consisting of __ pages

General Conditions consisting of 35 pages

Insurance Rider consisting of 3 pages

Table of Contents consisting of 1 page

Prevailing Wage Rates consisting of 7 pages

The following are also incorporated as part of the Contract by reference:

Specifications and Drawings (incorporated by reference)

Contractor’s completed Bid Form, dated _____________, submitted for this Contract

Contractor's completed SDB Solicitation Form and associated commitments to SDB subcontractors/suppliers submitted with the Contractor’s completed Bid Form for this Contract

Addenda: ____, dated ___________________

____, dated ___________________

____, dated ___________________

________[---as needed---]________

Any Change Orders and Amendments properly executed after the Effective Date of this Contract.

Contract No. CWU-0048-M.1 Page 4 of 4

IN WITNESS WHEREOF, this Standard Form of Contract has been executed and delivered as of the date set forth in the caption hereof;

FOR THE CONTRACTOR

FOR THE COMMONWEALTH

If the Contractor Is an Individual, Proprietorship, or Partnership

Commonwealth University of Pennsylvania, State System of Higher Education

Individual or Partner Date printed name

Wesley W Light Date Construction Procurement Lead Contracting Officer

Robert Thorn Date Interim Vice President for Fiscal Affairs Fiscal Officer

If the Contractor is a Corporation, LP, LLP, or LLC

APPROVED AS TO FORM AND LEGALITY

President or Vice President Date printed name

University Legal Counsel Date State System of Higher Education

Secretary or Treasurer Date printed name

Office of General Counsel Date Commonwealth of Pennsylvania

Office of Attorney General Date Commonwealth of Pennsylvania

• If the Contractor is an Individual, Proprietorship, or Partnership, one signature is required.

• If the Contractor is a Corporation, LP, LLP, or LLC, two signatures are required. One must be the

President or Vice President. The second must be the Secretary or Treasurer.

• The Contractor can delegate signatory authority to other individuals by means of a certified Board

Resolution presented with this Standard Form of Contract.

Contract for Construction 71-FA-8.2 Contract Bond

Contract No. CWU-0048-M.1 Page 1 of 6

CONTRACT BOND

(Contract Bond must be submitted on this form; all blanks must be completed.)

Bond No.: ____________________________________________________________

University: Commonwealth University of Pennsylvania

Contract No.: CWU-0048-M.1 (General Construction)

Project Name: Allen Hall Structural Retaining Wall Replacement

We the undersigned

(Name of Contractor)

(Address) as Principal, and

(Name of Surety)

(Address) a corporation organized under the laws of ____________________ and authorized to transact business in Pennsylvania, as Surety, are bound unto the Pennsylvania State System of Higher Education (hereafter “PASSHE”) in the penal sums of:

(a) $____________________, equal to _____% of the Contract amount, for performance of the Contract, including but not limited to design-professional costs and expenses;

(b) $____________________, equal to _____% of the Contract amount, for the payment for labor, material, equipment rental, and public-utility services used in the prosecution of the Contract; and

(c) $____________________, equal to _____% of the Contract amount, for maintenance under the Contract;

Contract No. CWU-0048-M.1 Page 2 of 6 lawful money of the United States of America, to be paid to PASSHE and its successors or assigns. The Principal and Surety hereby bind themselves and their heirs, executors, officers, agents, directors, administrators, board members, and successors, jointly and severally, to the payment of the foregoing sums and to the performance of the Contract.

WHEREAS, the Principal has entered or will enter into a Contract with PASSHE as designated above, which contract is hereby referred to and made a part hereof as fully and to the same extent as if set forth at length herein.

WHEREAS, the execution and submission of this Bond is one of the conditions for the award of the project and the execution of the Contract.

NOW, THEREFORE, the joint and several conditions of this obligation are as follows.

1. The joint and several obligations of the Principal and Surety set forth in this Bond are void if the Principal does all of the following; otherwise, the obligations remain in full force and effect:

(a) The Principal faithfully performs under the Contract, including the plans and specifications referred to and made part of the Contract, and including all alterations as may be made to the plans and specifications as provided by the Contract.

(b) The Principal indemnifies and saves harmless PASSHE and all of its officers, agents, directors, board members, and employees from any expense incurred through the failure of the Principal to complete the work as specified and for any damages arising from the performance of the Contract by the Principal or its subcontractors, agents, or servants, including but not limited to patent, trademark, and copyright infringements.

(c) The Principal promptly pays or causes to be paid all sums of money that may be due and owing by the Principal or any of its subcontractors to any person, partnership, association, limited-liability company, or corporation for: (1) any and all material furnished and labor supplied or performed in the prosecution of the work, whether or not that material or labor entered into and became part of the work; (2) the rental of any and all equipment used in, or in connection with, the prosecution of the work; (3) any and all services provided by a design professional related to the project; (4) any and all services rendered by public utilities in, or in connection with, the prosecution of the work.

(d) The Principal remedies without cost to PASSHE any breach of warranty or defects that may develop during a period of one year from the date of final completion and acceptance of all the work performed under the Contract; provided, in the sole discretion of PASSHE, or its successor having jurisdiction over the premises, such defects are caused by defective or inferior materials or workmanship. The maintenance duties and responsibilities incurred by the Principal pursuant to this paragraph do not qualify or limit any right of PASSHE arising pursuant to the performance requirements of this Bond or absolve the Principal of any duty, responsibility, or obligations vested in PASSHE.

Contract No. CWU-0048-M.1 Page 3 of 6

2. Any alterations that may be made in the terms of the Contract or in the work to be done, or materials to be furnished, or labor to be supplied or performed, or equipment to be rented, or public utility services to be rendered, or the giving by PASSHE of any extension of time for the performance of the Contract, or the reduction of the retained percentage as permitted by the Contract, or any other forbearance on the part of either PASSHE or the Principal to the other, will not in any way release the Principal and the Surety or their heirs, executors, officers, agents, directors, administrators, board members, and successors, or assigns from their liability under this Bond. The Surety hereby waives notice of any such alterations, extensions, or forbearances.

3. Every person, partnership, association, limited-liability company, or corporation who, in or in connection with the prosecution of the work, whether as subcontractor or as a person otherwise entitled to the benefits of this Bond: (i) has furnished material or supplied or performed labor; (ii) rented equipment used in the prosecution of the work; (iii) any public utility who has rendered services; or (iv) has provided any design services; and who has not been paid in full, has a direct right of action against the Principal and Surety on this Bond for all sums as may be due, plus reasonable attorneys’ fees; provided, however, that PASSHE shall not be liable to any third…