PROJECT MANUAL

BOROUGH OF SHARPSVILLE

Mercer County, Pennsylvania

CONTRACT NO. 2026-01

N. MERCER AVENUE

SIDEWALK IMPROVEMENTS PROJECT

DECEMBER 2025

Prepared by:

THE EADS GROUP, INC.

227 Franklin Street, Suite 300

Johnstown, PA 15901 Phone: (814) 535-5388

EADS Project No. 0620-25-504 mharper Typewriter 12/19/2025

[THIS PAGE LEFT INTENTIONALLY BLANK.]

EADS Project No. 0620-25-504

Mercer County, Pennsylvania

N. Mercer Avenue Sidewalk Improvements

Contract No. 2026-01

000110 TABLE OF CONTENTS

Section Description Page Numbers

Table of Contents 000110 - 1

001113 Advertisement for Bids 001113-1 to 001113-2

0021153.12 Instructions to Bidders 002113.12-1 to 002113.12-13

Bid Documents:

004143.01 Bid Form – Contract No. 2026-01 004143.01-1 to 004143.01-5

004313 Bid Bond 004313-1 to 004313-2

004513 Statement of Bidders Qualifications 02 pages

004533 Certification of Non-Segregated Facilities & Illegal Alien Labor 004533-1

004546.01 Certification Regarding Disbarment, Suspension, Ineligibility

& Voluntary Exclusion- Lower Tier Covered Transactions 004546.01-1- 004546.01-2

---- MBE/WBE/Section 3 Contract Solicitation and

Commitment Statement 03 pages

004546.02 Certification for Contracts, Grants, & Loans &

Cooperative Agreements 004546.02-1

--- Section 3 Work Force Needs Table & Employment Certification 02 pages

--- Certification of Bidder regarding Equal Employment Opportunity 01 page

--- Non-Collusion Affidavit of Prime Bidder 02 pages

----- Affidavit Regarding Workmen’s Compensation 01 page

004546.13 Public Works Employment Verification Form 004546.13-1

Award Documents:

005100 Notice of Award 005100-1

005213.12 Agreement 005213.12-1 to 005213.12 -7

005500 Notice to Proceed 005500-1

---- General Instructions for Bonds 01 page

006113.13 Performance Bond 006113.13-1 to 006113.13-3

006113.16 Payment Bond 006113-1 to 006113-4

Construction & Closeout Documents:

----- Minority & Women’s Business Enterprise Quarterly Utilization

Report(s) 02 pages

---- Subcontractor Certification regarding Equal Employment

Opportunity and Non-Collusion Affidavit of Subcontractor 03 pages

006250 Waiver of Lien 006250-1 to 006250-3

006276 Contractor’s Application for Payment 04 pages

006336 Field Order 006336-1

006349 Work Change Directive 006349-1

006363 Change Order 006363 -1

006516 Certificate of Substantial Completion 006516 -1

006517 Notice of Acceptability of Work 006517-1 to 006517-2

006519.26 Acceptance of Final Payment & General Release 006519.26-1

---- Maintenance Bond 01 page

Contract Conditions:

007213.12 Standard General Conditions of the Construction Contract 61 pages (EJCDC C-700) 007314 Supplementary Conditions 007314-1 to 007314-25

Attachments to the Supplementary Conditions:

Federal Labor Standards Provisions 07 pages

General Conditions, Part II, Federal Requirements 27 pages

Mercer County, Pennsylvania

Table of Contents 000110 - 2

Davis Bacon Wage Documents:

Davis Bacon Heavy/Highway Wage Rates 16 pages

Payroll Form WH-347 & Instructions for Weekly Certified Payroll Reports 05 pages

PennDOT Right-of-way Documents:

PennDOT Highway Restoration & Maintenance Bond 02 pages

PennDOT Letter of Credit 04 pages

Example – PennDOT Certificate of Liability Insurance 01 pages

Contractor’s Acknowledgement of Additional Highway

Restoration Obligation 01 pages

DETAILED TECHNICAL SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary 011000-1 to 011000-2

012000 Price and Payment Procedures 012000-1 to 012000-8

012500 Substitution Procedures 012500-1 to 012500-2

013000 Administrative Requirements 013000-1 to 013000-3

013216 Construction Progress Schedule 013216-1 to 013216-3

013300 Submittal Procedures 013300-1 to 013300-7

014000 Quality Requirements 014000-1 to 014000-4

015000 Temporary Facilities and Controls 015000-1 to 015000-6

016000 Product Requirements 016000-1 to 016000-2

017000 Execution and Closeout Requirements 017000-1 to 017000-6

DIVISION 03 – CONCRETE

033000 Cast-In-Place Concrete 033000-1 to 033000-4

036000 Grouting 036000-1 to 036000-5

DIVISION 31 – EARTHWORK

310513 Soils for Earthwork 310513-1 to 310513-2

310516 Aggregates for Earthwork 310516-1 to 310516-3

311000 Site Clearing 311000-1 to 311000-3

312500 Erosion and Sedimentation Controls 312500-1 to 312500-3

DIVISION 32 - EXTERIOR IMPROVEMENTS

321123 Aggregates Base Courses 321123-1 to 321123-3

321216 Asphalt Paving 321216-1 to 321216-6

329119 Landscape Grading 329119-1 to 329119-3

329219 Seeding 329219-1 to 329219-4

OTHER

Erosion and Sedimentation Control Plan Located on Drawings

Typical Standard Details Located on Drawings

Mercer County, Pennsylvania

Table of Contents 000110 - 3

Contacts

Bid Documents, Plans, Specifications, Bidders List, Vendors, Suppliers, Etc.

PennBID website : https://pennbid.procureware.com

Engineering

Mr. Matthew Harper, P.E., Project Manager Phone: (814) 535-5388 mharper@eadsgroup.com

NOTE: PLEASE DO NOT REMOVE ANY PAGES FROM THIS

PROJECT MANUAL.

SUBMIT APPROPRIATE BID PACKAGE.

https://pennbid.procureware.com/ mailto:mharper@eadsgroup.com

ADVERTISEMENT FOR BIDS

Advertisement for Bids 001113 - 1 This document is a MODIFIED version of EJCDC® C-111, Copyright © 2013

National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BOROUGH OF SHARPSVILLE

Sharpsville, Mercer County, Pennsylvania

ADVERTISEMENT FOR BIDS

The Borough of Sharpsville, Mercer County, will receive sealed bids online via PennBid for the N. Mercer

Avenue Sidewalk Improvements, Contract No. 2026-01, until 1:00 p.m. (E.S.T.) on Tuesday, February 03, 2026, at which time they shall be opened online and publicly posted via PennBid. Bids submitted by any other means will not be accepted.

All documents and solicitation details are available at no cost on PennBid at https://pennbid.bonfirehub.com.

Questions and inquiries should be addressed through PennBid’s “Ask a Question” feature.

The Contract consists of the installation of curb and sidewalk replacement along N. Mercer Avenue between

Cedar Street and Canal Street. Work under this contract shall include all materials, equipment, supplies, and labor for the construction as shown and specified in the Contract Documents and Contract Drawings. The Project is located in the Borough of Sharpsville, Mercer County, Pennsylvania.

Bidders for this contract shall have completed projects similar in character and scope and will be required to provide with their bid a completed Statement of Bidders Qualifications in the forms prescribed in the Contract

Documents.

Bid security shall be furnished in accordance with the Instructions to Bidders. The Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional

Bids. Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the

Work.

Prior to the award of the contract, the successful bidder shall furnish a satisfactory Performance Bond and a Labor and Material Payment Bond to the Owner, in the form contained in the Contract Documents and executed by a satisfactory circular 570 listed surety, each equal to 100% of the total contract amount. The bidder will also furnish evidence of insurance coverage as required by the contract documents.

This project is being financed in part by a federally funded grant from a Community Development Block Grant

(CDBG) administered by the Mercer County Regional Planning Commission office and as such, the obligations imposed on the Owner by the financing agency(s) shall apply to and be acceptable to the successful bidder(s) and contractors assigned to the project. Davis-Bacon wage rates and other federal requirements apply and are included in the bid documents. Labor Compliance is mandatory.

Contractors will be required to use their best efforts to afford small businesses, minority and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. The bidders must submit documentary evidence of Section 3 Business Concerns and Minority and Women Business

Enterprises (MBE/WBE) who have been contacted and to whom commitments have been made in their bidding process. Documentation of such solicitations and commitments shall be submitted concurrently with the bid.

Contractors should use the Directory of Minority, Women and Section 3 Business Enterprises to solicit proposals from potential subcontractors.

https://hudapps.hud.gov/OpportuntiyPortal/searchBusiness.action

Borough of Sharpsville is an Equal Employment Opportunity and Affirmative Action Employer (EEO/AA).

Contractors and subcontractors will be required to comply with all related laws, amendments and regulations of the Federal and State governments as they relate to equal employment opportunity and affirmative action.

Notice is hereby given that this is a Section 3 Project under the Housing and Urban Development Act of 1968.

Regulations can be found at: https://portalapps.hud.gov/Sec3BusReg/BRegistry/BRegistryHome https://hudapps.hud.gov/OpportuntiyPortal/searchBusiness.action https://portalapps.hud.gov/Sec3BusReg/BRegistry/BRegistryHome

Advertisement for Bids 001113 - 2 This document is a MODIFIED version of EJCDC® C-111, Copyright © 2013

National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Notice is also hereby given that this project is regulated under Executive Order 11246 - Equal Employment

Opportunity and related contract specifications apply. Regulations can be found at:

www.dol.gov/agencies/ofccp/executive-order-11246

If the project is over $200,000, notice is hereby given that all bidders must comply with Mercer County’s Section

3 Plan included in the bid documents when related. Section 3 is a provision of the Housing and Urban

Development Act of 1968 (12 U.S.C. 1701u) that is regulated by the provisions of 24 CFR 75. Regulations can be found at: https://www.ecfr.gov/current/title-24/subtitle-A/part-75.

Section 3 Business Opportunity Portal: https://hudapps.hud.gov/OpportunityPortal/searchContract.action

Bidders must comply with all State anti-bid-rigging regulations pertaining to work associated with this project and will be required to submit an executed non-collusion affidavit with the bid.

The successful bidder(s) will be required to complete all work within 90 consecutive calendar days from, and including, the date indicated by the Owner in their written Notice to Proceed.

Owner: Borough Of Sharpsville

Funding: Mercer County Commissioners c/o Mercer County Regional Planning Commission http://www.dol.gov/agencies/ofccp/executive-order-11246 https://www.ecfr.gov/current/title-24/subtitle-A/part-75 https://hudapps.hud.gov/OpportunityPortal/searchContract.action

INSTRUCTIONS TO BIDDERS

Instructions to Bidders 002113.12 - i This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

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

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site & Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

ARTICLE 23 – Steel Products Procurement Act

ARTICLE 24 – Minimum Hourly Wage Rates

ARTICLE 25 – Non-Discrimination Clause/Sexual Harassment Clause

ARTICLE 26 – Additional bid information

ARTICLE 27 – Employee Testing Act

ARTICLE 28 – Americans With Disabilities Act

ARTICLE 29 – Anti-Pollution Regulations

ARTICLE 30 – Pennsylvania Right-To-Know Law

ARTICLE 31 – Public Works Employment Verification Act

ARTICLE 32 – Project Funding

ARTICLE 33 – Equal Employment Opportunity

ARTICLE 34 – Employment of Lower Income Residents and Business Utilization

ARTICLE 35 – Compliance With Federal, State and Local Laws

ARTICLE 36 – Project Signs

ARTICLE 37 – Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity

ARTICLE 38 – Standard Federal Equal Employment Opportunity Construction Contract Specifications

ARTICLE 39 – Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1801 u)

Instruction to Bidders 002113.12 - 1

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

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

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General

Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued or obtained by an interested Bidder. The Issuing Office for this Project shall be PennBid

(https://pennbid.bonfirehub.com).

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement for bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Bidders shall have successfully completed projects similar in character and scope.

3.02 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a)

Statement of Bidders Qualifications.

3.03 A Bidder’s failure to submit required qualification information with its Bid may disqualify Bidder from receiving an award of the Contract.

3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.05 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION

OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

https://pennbid.bonfirehub.com/

Instruction to Bidders 002113.12 - 2

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

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

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any

Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the

Contract Documents and are based upon information and data furnished to Owner and

Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and

Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the

Site, if any, and possible changes in the Contract Documents due to any Hazardous

Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

Instruction to Bidders 002113.12 - 3

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

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

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the

General Conditions indicate, if an Owner safety program exists, it will be noted in the

Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other prime contractors) and relates to the

Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to

Technical Data in such reports and drawings;

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

Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

Instruction to Bidders 002113.12 - 4

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

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

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

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the

Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A Pre-Bid Conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the

Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to

Engineer electronically via the “Ask A Question” feature in PennBid

(https://pennbid.bonfirehub.com). Interpretations or clarifications considered necessary by

Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent

(10%) of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the

Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the

Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract

Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the

Contract or 61 days after the Bid opening with an additional 60 days if needed if the award is delayed by the required approval of another government agency, the sale of bonds, or the award of a grant, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

Instruction to Bidders 002113.12 - 5

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

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

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents with consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the

Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may be made to and may be considered by

Engineer. The burden of proof rests with the prime bidders. Adequate supporting information must be submitted to the Engineer to enable the Engineer to determine the equality of a product.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk. Bidders are urged to submit any questions on the suitability of a product to the Engineer in writing during the bidding period.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such

Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an

Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or

Contractor to retain any Subcontractor, Supplier, or other individual or entity against which

Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after

Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the Work.

If requested by Owner, 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, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating

Bids and making the Contract award.

12.04 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, or other individuals or entities. Declining to make requested substitutions will constitute grounds for

Instruction to Bidders 002113.12 - 6

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the

Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Bid Form to be completed by Bidder is included in the PennBid system for this Project (https://pennbid.bonfirehub.com ).

A. All blanks on the Bid Form shall be completed and the Bid Form must be signed or otherwise made genuine using the PennBid system (https://pennbid.bonfirehub.com ). A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then

Bidder may enter the words “No Bid” or “Not Applicable.”

C. If pricing on a specific alternate item is not provided and becomes necessary for project completion, the pricing indicated on the Base Bid will be used for the pricing for the alternate bids.

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership’s address for receiving notices shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

13.07 All names shall be printed in ink below the signatures.

13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form and in the PennBid system (https://pennbid.bonfirehub.com).

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

https://pennbid.bonfirehub.com/

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This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

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

ARTICLE 14 – BASIS OF BID

14.01 Base Bid with Alternates

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed for the Base Bid and include a separate price for each alternate, if any, described in the Bidding Documents and as provided for in the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the

Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices;” such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between 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.

D. In the comparison of Bids, alternates may be applied in any order regardless of order listed on Bid Form.

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for

Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the

General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 All Bids must be submitted electronically and shall include forms supplied by the Owner and shall be subject to all requirements of the Contract Documents, including the Drawings, and these

INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no interlineations, excisions, or special conditions shall be made or included in the Bid Form by the

Bidder.

15.02 The Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form

15.03 A Bid shall be received no later than the date and time prescribed and at the place indicated in the

Advertisement for Bids and shall be submitted electronically via PennBID

(https://pennbid.bonfirehub.com) and shall include the required bid forms. All blank spaces for bid prices must be filled in and the bid form must be fully completed and executed when submitted.

15.04 Bids received after the date and time prescribed for the opening of bids, or not submitted in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn, altered or otherwise modified within PennBid at any time prior to the due date and time.

16.02 If the bid is withdrawn, altered or otherwise modified within PennBid in the manner specified in

Paragraph 16.01, a revised submission can be uploaded any time prior to the due date and time.

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This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

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

16.03 If within 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, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement For Bids and, unless obviously non-responsive, will be made available to the public on the PennBid system

(https://pennbid.bonfirehub.com ). 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.

17.02 If more than one Contract is being bid, the Bids received will be opened in numerical order beginning with the first Contract number. Following the opening of Bids for each Contract, Bidders will be given a brief time in which they can withdraw unopened Bids for the remaining

Contract(s). A representative of the Bidder must be present at the Bid opening and show proper identification to withdraw a Bid.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that

Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Base Bid and any combination of the alternates (if applicable).

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider 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.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

C. Alternates may be applied in any order and the award may be made to the Successful Bidder on its base Bid and any combination of its alternate Bids or none, for which the Owner determines funds will be available at the time of award.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the

Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

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This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

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19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the

Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within ten (10) days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within twenty (20) days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful

Bidder, together with printed and electronic copies of the Contract Documents as stated in

Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from Pennsylvania state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 – STEEL PRODUCTS PROCUREMENT ACT

23.01 The Contractor shall comply with the provisions of the Act of March 3, 1978 (P.L. 6, No. 3, 73

P.S. § 1881 et seq., known as the “Steel Procurement Act”.

ARTICLE 24 – MINIMUM HOURLY WAGE RATES

24.01 Minimum hourly wage rate requirements are outlined in the Supplementary Conditions.

ARTICLE 25 – NON-DISCRIMINATION CLAUSE/SEXUAL HARASSMENT CLAUSE

Contractors on this work will be required to comply with President’s Executive Order No. 11246, as amended. As specified in the Supplementary Conditions, contractors shall comply with the

Contract Compliance Regulations of the Pennsylvania Human Relations Commission, 16 PA, Code Chapter 49 and with all laws prohibiting discrimination in hiring or employment opportunities.

The Contractor shall not discriminate on the basis of race, creed, religion, sex, age, or natural origin and shall be in compliance with the Act of October 27, 1955 (P.L. 744 No. 222, known as

“Pennsylvania Human Relations Act”) and Title VI of the Civil Rights Act of 1964, Public Law

88-352, 42 U.S.C., Section 200A et seq.

Contractors and subcontractors shall establish and maintain a written sexual harassment policy and non-discrimination clause and shall inform their employees of the policy. The policy must contain a notice that sexual harassment and discrimination will not be tolerated and employees who practice it will be disciplined.

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

For additional requirements regarding this clause, refer to the Supplementary Conditions, Non-

Discrimination/Sexual Harassment Clause contained in this Project Manual.

ARTICLE 26 – ADDITIONAL BID INFORMATION

26.01 Bidder’s attention is called to the fact that the schedule of quantities of work to be done and equipment to be furnished under these specifications as shown on the Bid Form, and in the

Contract, is approximate, and is given only as a basis for calculation upon which the bids will be compared.

Unit prices will constitute the bid price. Owner does not assume any responsibility that quantities set forth shall be realized strictly in the work, nor shall the Contractor plead misunderstanding or deception because of such schedule of quantities or of the character of work, location or other conditions pertaining thereto. Owner reserves the right to increase or diminish any or all above mentioned quantities of work or to omit any of them as they may deem necessary, and such increase or decrease of the quantities given for any of the items shall not be considered as sufficient grounds for granting an increase in the unit price bid.

ARTICLE 27 – EMPLOYEE TESTING ACT

27.01 The relationship between the Contractor and the Owner will be one of independent contractor and not employer/employee and that the individual employees of the Contractor who will be performing the work pursuant to this Contract are not employees of the Owner. Contractor hereby certifies, represents, and warrants to the Owner that all persons performing any aspect of the work pursuant to this Contract who are required to have a commercial driver’s license are subject to a program for drug and alcohol testing in accordance with the Omnibus Transportation Employee

Testing Act of 1991 and the Federal regulations adopted pursuant thereto.

ARTICLE 28 – AMERICANS WITH DISABILITIES ACT

28.01 Pursuant to federal regulations promulgated under the authority of the Americans with

Disabilities Act, 28 C.F.R. §35.101 et seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this project or from activities provided for under this project. As a condition of accepting and executing this contract, the Contractor agrees to comply with the “General Prohibitions Against

Discrimination,” 28 C.F.R. §35.130, and all other regulations promulgated under Title II of The

Americans With Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Commonwealth through contracts with outside contractors.

ARTICLE 29 – ANTI-POLLUTION REGULATIONS

29.01 The Contractor and its subcontractors agree that in the performance of their obligations under this contract they shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations.

A copy of the permits obtained by the Owner for this Project can be found at the rear of these specifications. Contractor shall perform notifications to all agencies described therein.

ARTICLE 30 – PENNSYLVANIA RIGHT-TO-KNOW LAW

30.01 The Pennsylvania Right-to-Know Law, Act 3 of 2008, effective January 1, 2009, 65 P.S. §§

67.101-3107, applies to this project. It provides for access to public information, for a designated open-records officer in each Commonwealth agency, local agency, judicial agency and legislative

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This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved agency, for procedure, for appeal of agency determination, for judicial review and for the Office of Open Records; imposing penalties; providing for reporting by State-related institutions;

requiring the posting of certain State contract information on the Internet; and making related repeals.

Refer to the Supplementary Conditions for additional contract obligations under the Pennsylvania

Right-to-Know Law.

ARTICLE 31 – PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

31.01 Bidder acknowledges that this bid is for a public works contract and bidder is therefore subject to the provision, duties, obligations, and penalties of the Public Works Employment Verification

Act, 71 P.S. 656.1-656.11, which is incorporated herein by reference.

A completed Public Works Employment Verification Form will be required from the Contractor with each bid.