1-2026-06-15 BARC Roof Recovery Specs - FINAL.pdf

COWAN ASSOCIATES, INC.

120 PENN-AM DRIVE

P.O. BOX 949

QUAKERTOWN, PA 18951

TELEPHONE (215)536-7075

\\cai-s01\DOC_DATA\PROJECTS\70725.07 349 Ivyland Rd Roofing Replacement\Specs\1cover.docx

SPECIFICATIONS

BARC ROOF RECOVERY APPLICATIONS

349 IVYLAND ROAD

WARMINSTER TOWNSHIP

BUCKS COUNTY, PA

FOR

BARC DEVELOPMENTAL SERVICES

4950 YORK ROAD

HOLICONG, PA 18928-0470

ISSUED FOR BID

JUNE 15, 2026

CAI 70687.01

PREPARED BY STEVEN E. HIPPAUF, E.I.T.

APPROVED BY CHARLES R. TOMKO, P.E.

Table of Contents

Page

Legal Notice - Invitation to Bid 6

Instructions to Bidders

1. Defined Terms 8

2. Instructions for submitting Electronic Bids 8

3. Copies of Bidding Documents 11

4. Qualifications of Bidders 11

5. Examination of Contract Documents and Site 11

6. Interpretations and Addenda 13

7. Bid Security 13

8. Contract Time 14

9. Liquidated Damages 15

10. Standard of Quality/Alternatives/Substitutions 15

11. Subcontractors, Suppliers, and Others 16

12. Bid Form 17

13. Submission of Bids 17

14. Modification and Withdrawal of Bids 17

15. Opening of Bids 18

16. Bids to Remain Subject to Acceptance 18

17. Award of Contract 18

18. Contract Security 19

19. Signing of Agreement 19

20. Prebid Conference 20

21. This Item Number Left Intentionally Blank 20

22. This Item Number Left Intentionally Blank 20

23. Wages and Salaries 20

24. Equal Employment Opportunity 20

25. Compliance with Federal, State, and Local Laws 20

26. Bidders Qualification Form 20

27. Non-Collusion Affidavit 21

28. Agreement of Surety 21

29. Public Works Employee Verification Act 21

30. Failure to Execute Contract 21

31. Prevention of Environmental Pollution 21

32. Taxes 22

33. Cash Allowances 23

General Conditions 24

Article 1 – Definitions and Terminology 29 Article 2 – Preliminary Matters 32 Article 3 – Contract Documents: Intent, Amending, Reuse 34 Article 4 – Availability of Lands; Subsurface and Physical Conditions;

Reference Points 35 Article 5 – Bonds and Insurance 39

Article 6 – Contractor's Responsibilities 43 Article 7 – Other Work 51 Article 8 – Owner's Responsibilities 52 Article 9 – Engineer's Status During Construction 53 Article 10 – Changes in the Work; Claims 55 Article 11 – Cost of the Work; Cash Allowances; Unit Price Work 56 Article 12 – Change of Contract Price; Change of Contract Times 59 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work 61 Article 14 – Payments to Contractor and Completion 64 Article 15 – Suspension of Work and Termination 68 Article 16 – Dispute Resolution 69 Article 17 – Miscellaneous 69

Supplementary Conditions

Article 1 – Definitions 71 Article 2 – Preliminary Matters 72 Article 4 – Availability of Lands; Physical Conditions; Reference Points 72 Article 5 – Bonds and Other Insurance 73 Article 6 – Contractor's Responsibilities 77 Article 7 – Other Work 77 Article 8 – Owner's Responsibilities 78 Article 9 – Engineer's Status During Construction 78 Article 11 – Cost of the Work; Cash Allowances; Unit Price Work 79 Article 12 – Change of Contract Price; Change of Contract Times 79 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work 82 Article 14 – Payments to Contractor and Completion 82 Article 15 – Suspension of Work and Termination 84 Article 16 – Dispute Resolution 85 Article 17 – Miscellaneous 85

Federal Davis-Bacon Wage Rates 87

Proposal (Bid Form) and Contract 104

Schedule of Prices 105

Bid Bond 111

Agreement of Surety Regarding Bid Bond 113

Certificate as to Corporate Principal 114

Public Disclosure Information 115

Certification of Non-Segregated Facilities 116

Verification of Contractor Eligibility and Termination of Ineligible Contractor Contractor Certification 117

Non-Collusion Affidavit of Prime Bidder 118

Public Works Employment Verification Form 119

Bidders Qualification Form 120

Notice of Intent to Award 125

Contractor Agreement 127

Notice to Proceed 137

Performance Bond for Public Work 138

Payment Bond for Public Work 143

Certificate as to Corporate Principal 149

Contractor's Release 150

Affidavit 152

Statement of Surety Company 153

Maintenance Bond 154

Technical Specifications

Section 011000 – Summary 155

Section 012200 – Unit Prices 160

Section 012500 – Substitution Procedures 161

Section 012600 – Contract Modification Procedures 166

Section 012900 – Payment Procedures 171

Section 013100 – Project Management and Coordination 177

Section 013200 – Construction Progress Documentation 183

Section 013233 – Photographic Documentation 189

Section 013300 – Submittal Procedures 193

Section 014000 – Quality Requirements 202

Section 015010 – Protection and Maintenance of Traffic 209

Section 016510 – Mobilization 210

Section 017300 – Execution 211

Section 017700 – Closeout Procedures 218

Section 017839 – Project Record Documents 225

Section 061000 – Rough Carpentry 228

Section 075420 – Thermoplastic Polyolefin (TPO) Roofing 235

Section 076200 – Sheet Metal Flashing and Trim 248

Section 079200 – Joint Sealants 260

APPENDIX 269

Bucks County Forms (CDBG, Section 3, and Davis-Bacon) 270

Exhibit "A" – Pennsylvania Statutes 274

Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certificate 283

Contractor’s Certification on Federal Contract Requirements 284

Anti-Lobbying Amendment Certification 285

False Claims Act 31, USC §3729-3733 286

Contractor’s and Subcontractor’s Questionnaire 287

Affirmative Action Plan 290

DRAWINGS

From Erin Pracher Director of Quality Resources BARC Developmental Services LEGAL 4950 York Road NOTICE Holicong, PA 18928 CAI 70725.07 Telephone (215) 794-0800

BARC Developmental Services, located at 4950 York Road, Holicong, PA 18928, will receive sealed bids for “BARC Roof Recovery Applications” online until 10:00 AM, prevailing time on July 27, 2026, at which time and place the bids shall be publicly opened for.

CAI Contract #: 70725.07.

This project will consist of the installation of a new mechanically attached TPO roof system on the cafeteria/office and upper roof at the BARC Developmental Services building located at 349 Ivyland Road, Warminster, PA.

All Bid Documents and solicitation details are available at PennBid https://pennbid.bonfirehub.com Click on the "Solicitations" then "View" tabs. PennBid assesses a fee of up to 0.33% of the bid amount (up to $5,000) only to bidders who are awarded contracts. Bids must be submitted online via PennBid no later than Monday, July 27, 2026, at 10:00 AM. Bids will be opened on July 20, 2026, at 10:15 AM. Award to the lowest responsible Bidder is anticipated on August 10, 2026.

Bids must be made on the forms furnished within PennBid. Each Bid shall be submitted in accordance with the Instructions to Bidders and the Instructions for Submitting Electronic Bids set forth in the Bid Packet, including, but not limited to, a Bid Bond (issued by a surety licensed to conduct business in Pennsylvania), Bank Money Order, or Certified Check for not less than ten percent (10%) of the Bid amount payable to BARC Developmental Services; an Agreement of Surety certifying that the required Performance and Payment will be provided by the Successful Bidder to BARC Developmental Services upon the awarding of the Bid; and proof of insurance as required by the Contract Documents. The Successful Bidder will be required to furnish Performance and Payment Bonds in the amount of 100% of the Contract Price.

The Bidder's attention is called to the fact that the project is receiving Community Development Block Grant (CDBG) funds pursuant to the Housing and Community Development Act of 1974, as amended (24 CFR 570). The parties acknowledge that the owner is a CDBG subrecipient subject to 2 CFR Part 200. Bidder/Contractor shall cooperate with Owner’s obligations under 2 CFR 200, including Subpart D (procurement and contract requirements) and records and access requirements at 2 CFR 200.334 and 200.338. Bidder acknowledges that project costs are subject to the allowability and cost principles of 2 CFR 200 Subpart E, as applicable, and that records are subject to audit under 2 CFR 200 Subpart F. The successful Bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, or national origin. The completion of all required Bid Documents must also be submitted at the time of the bid. Consistent with other Federal programs, CDBG requires various Federal laws, regulations, and guidelines the successful bidder and their subcontractors must comply with including but not limited to: Title VI of the Civil Right Act of 1964, as amended, and Executive Order 11246; 29

CFR Parts 1, 3, 5, 6, and 7 Davis-Bacon Act; 40 U.S.C. 327-333 Contract Work Hours and Safety Standards Act; and Section 504 of the Rehabilitation Act of 1973 (Section 504).

In accordance with 24 CFR 24, no award of federal funds may be made to debarred or suspended applicants, or those proposed to be debarred or suspended from doing business with the Federal Government.

The entire project is subject to Federal prevailing wages. Prospective bidders should not submit their bids until 10 days prior to the bid opening date.

Pre-Bid meeting attendance is mandatory. A pre-bid meeting is to be conducted at 349 Ivyland Road, Warminster, PA 18974 at 10:00 AM on Wednesday, July 8, 2026. An alternate meeting date of July 9, 2026, at 10:00 AM will be established should a bidder be unable to attend the meeting on July 8, 2026. This pre-bid meeting will be open to all bidders, and all information given at this meeting will be considered part of the Bid Packet, via addendum, and is to be included in the bids. All bidders are required to attend one pre-bid meeting and shall pre-register for that meeting via PennBid.

BARC Developmental Services reserves the right to reject any or all bids for any cause whatsoever, to eliminate any item or items from the contract, to waive any informality or irregularity in the bids, and to exercise its judgement as to the comparative merit of the products and services offered. Award of the Contract, if awarded, will be to the lowest responsible and responsive bidder. Bids may be held by BARC Developmental Services for a period not to exceed twenty (20) days from the date of the opening for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding of the Contract. BARC Developmental Services does not discriminate on the basis of race, color, religion, sex or national origin.

BARC Developmental Services

BARC Roof Recovery Applications

CAI 70725.07

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INSTRUCTIONS TO BIDDERS

Bidders Utilizing the PennBid Program (www.PennBid.net)

1. DEFINED TERMS

The bid proposal must be typewritten or printed.

a. If more than one proposal on any project is submitted by any individual, firm or partnership, corporation or association under the same or different names, only one lowest proposal will be considered.

b. Wherever the word "Owner" is used in these Contract Documents, it shall be understood to mean BARC Developmental Services.

BARC Developmental Services reserves the right to increase, decrease, or eliminate the items and/or quantities in the bid proposal in order to adjust the contract scope in accordance with available funding.

Defined Terms. Terms used in the Bid Packet shall have the following meanings:

a. Bidder: The individual or entity who submits a Bid directly to the Owner.

b. Contract Price: The amount the Owner shall pay the Contractor for completion of the Work in accordance with the Contract Documents as described in current funds and equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item as set forth on the Contractor’s Bid Form which forms the basis of the Owner’s award of the contract to the Contractor.

c. Project: The BARC Roof Recovery Applications project as more fully described in the Bid Packet.

d. Successful Bidder or Contractor: The lowest responsible Bidder submitting a responsive Bid to whom the Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

e. Work: All of the activities needed to be undertaken by the Contractor, including, but not limited to, planning, preparation, and installation/construction, to properly and fully complete the Project as described in and in full compliance with the Contractor Documents.

f. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, Bid Form, Bid Bond, Agreement of Surety, Non-Collusion Affidavit, and other sample bidding and contract forms.

g. The Contract Documents consist of Bidding Documents, Agreement (Contract) (hereinafter "Agreement"), Performance Bond, Payment Bond, Standard General Conditions of the Construction Contract, Supplementary Conditions, Specifications, Drawings, and all Addenda issued prior to execution of the Agreement.

2. INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS

Using the PennBid™ electronic bid management system to respond to this Request-for- Quotation.

Many PA municipalities, Authorities, and private firms are utilizing the PennBid™

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electronic procurement Program for their solicitations, RFPs, and RFQs. Using PennBid is beneficial to both the agencies as well as the bidders. Costs and bidding effort is greatly reduced as bid documents are available online, all Q&A’s are via email, and sealed bids can be submitted and updated online.

Interested bidders need to register only once, a free process that takes only a few minutes. Once registered, bidders have access to publicly available bids and solicitations from every Agency within PennBid, plus are available for By-Invitation-Only RFPs and RFQs. Bidders can obtain all project documents and submit and update their confidential bids online.

1. Sealed Bid Confidentiality - The confidentiality of the sealed bid system is a cornerstone of the PennBid Program. At no time before Bid Opening can anyone see your electronic bid .

2. Confidentiality of Identity - When questions are asked and answered, bidder identity is not disclosed to other bidders.

3. Documents - All documents may be downloaded directly to your computer. Documents can be electronically sent to your suppliers and subcontractors.

4. Being added to the "Bidders List" - By downloading any document, you are automatically added to the list of bidders for this solicitation.

5. Questions - by clicking on the "Questions" tab, you can see all questions that have been asked and answered related to this solicitation. You can also ask questions directly through this tab. When the agency answers the question, both the question and answer is emailed directly to all bidders.

6. Submitting and Updating Bids - You may submit and update your Bid anytime up to the bid due date and time by clicking on the "Bid" tab. You need only to provide the per unit price. The PennBid Program will automatically calculate the extended price (no more math errors). You can update any line item without affecting the rest of your quote.

7. What to submit with this bid - Click on the "Bid" tab and

• Enter financial bid

• Answer questions

• Attach a single electronic file or zipped folder containing the documents listed below Signed Bidders Qualifications Statement Bid Bond;

Verification of Contractor Eligibility;

Title 49 Certification;

Non-Collusion Affidavit;

Anti-Lobbying Certification;

Non-Segregated Facilities Certification;

False Claims Certification;

Federal Contract Requirements Certification;

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Certificate of Insurance;

Contractor Questionnaire;

Bidders Acknowledgement Form

Important Note 1 - The three (3) apparent low bidders shall submit the above documents in original form and signatures to the agency receiving the bids within three (3) business days following bid opening. The recent Financial Statement shall be included with the Bidder Qualification Statement at this time.

Important Note 2 - If the PennBid Program is idle for 50 minutes, a logout warning will appear. Bidders must acknowledge. If bidder does not acknowledge that they want to continue working, they will be logged out, and bidder's data will not be saved or submitted.

8. How to submit your bid – The bid tab contains the electronic bid form.

All Per Unit Price Fields must be filled out. To no-bid a line item, insert a zero (0). PennBid will automatically complete the line extensions and bid totals. At the bottom of the page, check Verification Statement and click Submit Bid. Completed bid form can be printed or saved to Excel by clicking the icons in the middle of the bid form.

9. Submitting documents with electronic bid – An electronic copy of the documents listed above is to be submitted with the electronic bid. To attach these documents:

a. Fill out required documents and scan to create a single electronic file or saved as a single zipped folder containing all documents.

b. From the Bid tab, click on “browse” (middle of the page), then click on the file or zipped folder name. The file will be attached to your bid submission when the Submit Bid button is clicked.

Important Note 3 – When uploading a proposal or other document, the maximum individual file or folder size is 20Mb.

10. Verifying that your bid was submitted – If submitted properly, you will receive an acknowledgment appearing in the middle of your screen saying “Your bid has been submitted”.

11. Withdrawing your bid – You may withdraw your Bid anytime up to the bid due date and time by simply clicking on Withdraw Bid, located at the bottom of the Bid tab. However, Bids may not be withdrawn following the bid due date and time as stated in the Bid Advertisement.

12. Help Guides – There are several Help Guides available from the PennBidTM Home Page.

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3. COPIES OF BIDDING DOCUMENTS

3.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from Cowan Associates Inc, (Engineer).

3.2 Complete sets of Bidding Documents must be used in preparing Bids; neither

Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

4. QUALIFICATIONS OF BIDDERS

4.1 The Owner will make such investigations as it deems necessary to determine the ability and competency of the bidder to perform the work in the manner and within the time limit stipulated. Bidder shall furnish to Owner all information for this purpose. Owner reserves the right to reject any bids received if the investigation fails to satisfy Owner that such a bidder is properly qualified to carry out the obligations of the Contract.

In determining Bidder responsibility for this work, attention will be given to the method of construction which the Bidder plans to follow, the available experienced and skilled men which he plans to use in the prosecution of the work, and the type of equipment owned; and he shall be prepared to furnish this information, in writing, at the Owner's request.

To demonstrate qualifications to perform the Work, each Bidder is requested to submit with the bid, written evidence, such as financial data, previous experience, present commitments and other such data as called for in the Bidders Qualification Form attached to the packet of bidding documents.

The bidder shall be required to prove to the satisfaction of the Owner that he has, within the 5-year period prior to the submission of the bid, successfully completed, under his present name and with his own forces, at least three contracts for similar work. By submission of a bid, bidder agrees to be bound by and accept bidder qualifications as set forth by the Owner and the Owner's determination/decision shall be final.

5. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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

(a) examine the Contract Documents thoroughly,

(b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, IB-5

(c) consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work,

(d) study and carefully correlate Bidder's observations with the Contract

Documents, and

(e) notify Engineer of all conflicts, errors, or discrepancies in the Contract

Documents.

5.2 Reference is made to the Supplementary General Conditions for identification of:

5.2.1 Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction.

5.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purpose of bidding or construction.

Copies of such reports and drawings, if prepared for this project, are included in the Appendix of this specification. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 of these Instructions to Bidders are incorporated therein by reference. Such technical data, if any, has been identified and established in the Supplementary General Conditions.

5.3 Information and data reflected in the Contract Documents with respect to

Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions.

5.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03 and 4.04 of the General Conditions.

5.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for

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performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

5.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations.

5.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

5.8 The submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Section 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. No claim for any extra will be allowed because of alleged impossibilities in the production of the results specified or because of inadequate or improper plans and specifications and, whenever a result is required, the successful Bidder shall furnish any and all extras and make any changes needed to produce the required result for the sum stated in the form of proposal.

6. INTERPRETATIONS AND ADDENDA

6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer via PennBid's "Questions" tab. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda and posted within PennBid's "Documents" tab.

Notification will be emailed to all parties recorded as having received the bidding documents. Questions received less than six days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 Addenda may also be issued to modify the Bidding Documents or Contract

Documents as deemed advisable by Owner or Engineer.

7. BID SECURITY

7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of the Bidder's maximum Bid price and in the form

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of a certified or bank check or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraph 6.4 of these Instructions to Bidders.

7.2 The Owner may declare the Bid security forfeited to the Owner if, following the issuance of a Notice of Intent to Award to the apparent lowest Bidder, such Bidder fails to deliver the items required under this Paragraph 6.2 of these Instructions to Bidders within fifteen (15) days thereafter. The Owner will notify the lowest responsive and responsible Bidder of the Owner's intent to accept his proposal with the issuance of a Notice of Intent to Award. This Notice of Intent to Award is a statement of intent only and does not constitute a binding agreement between the Owner and Bidder. The Owner will include with the Notice of Intent to Award the Agreement to be signed by the successful Bidder and required bonds to be executed. Within fifteen (15) days of receipt of the Notice of Intent to Award, the successful Bidder shall furnish (1) a Performance Bond and a Payment Bond in the forms provided in the Bidding Documents, each in the amount of one hundred percent (100%) of the Contract Sum; (2) Certificates of Insurance as required pursuant to Article 5 of the Standard General Conditions of the Construction Contract and as amended by the Supplementary Conditions;

and (3) the signed Agreement. The Bonds, Insurance Certificates and Agreement shall be submitted to the Engineer's office within the required time period.

7.3 The Bid Security of Bidders will be returned (unless forfeited as stated above) at the Bidder's request, upon (1) the execution of the Agreement Between Owner and Contractor by Owner; or (2) the rejection of all bids by Owner, or (3) the expiration of the firm bid period set forth in Section 15 of these Instructions to Bidders. The Owner shall not be liable for any interest on Bid Security which is held in accordance with these Bidding Instructions.

7.4 If Bid Security is submitted in the form of a Bid Bond, the Bid Bond shall be submitted on the form included in the Bidding Documents, and the Attorney-in- Fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of its Power of Attorney, authorizing said Attorney-in- Fact to act on behalf of the surety. The Power of Attorney must be dated the same date as the Bid Bond and both the Bid Bond and Power of Attorney shall have affixed the raised corporate seal of the surety. The Bid Bond form must be executed by a surety licensed and authorized to conduct business within the Commonwealth of Pennsylvania and named in the current list of companies holding Certificates of Authority as acceptable sureties on federal bonds and/or as acceptable reinsuring companies as published in Circular 570 (as amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, and the amount of the bond shall not exceed the underwriting risk of such surety set forth in said circular or revision thereof.

8. CONTRACT TIME

The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement.

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9. LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the Bid Form, Agreement and in the Supplementary Conditions.

10. STANDARD OF QUALITY/ALTERNATIVES/SUBSTITUTIONS

10.1 The various materials and products specified in the Specifications by name or description are given to establish a standard of the quality and cost for Bid purposes. It is not the intent to limit the Bidder, the Bid or the evaluation of the Bid to any one material or product specified, but rather to describe the minimum standard. When proprietary names are used, they shall be deemed to be followed by the words "or alternatives of the quality necessary to meet the specifications." A Bid containing an alternative which does not meet the Specifications may be declared non-responsive. A bid containing an alternative may be accepted but, if an award is made to that Bidder, the Bidder will be required to replace any alternatives which do not meet the Specifications.

Bidder shall take note that in order to establish standards of uniformity, the

Owner has developed standards for certain materials that are based on a specific manufacturer, type and model, which shall be used in the preparation of the bid and provided by the Contractor. All materials that must conform to this standard are labeled "Standard." In these instances, no alternatives/substitutions for these items will be accepted.

10.2 No substitution (alternative) will be considered prior to receipt of Bids unless written request for approval has been received by the Engineer only from prime contract Bidders at least ten days prior to the date for receipt of Bids. Such requests shall be in accordance with substitution request procedure specified in Section 012500 and shall include, but not be limited to, the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. In addition, a statement setting forth changes in other materials, equipment or other portions of the work including changes in the work of other contracts that incorporation of the proposed substitution (alternative) would require shall be included. The burden of proof of the merit of the proposed substitution (alternative) is upon the proposer.

10.3 If the Engineer approves a proposed substitution (alternative) prior to receipt of

Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals in any other manner.

10.4 Substitutions (alternatives) may be submitted as part of a Bid only if the Bidder includes all information required for substitutions (as defined herein and in Section 012500) for each substitution (alternative) submitted as part of the Bid and clearly indicates the request for substitution (alternative) on the form of proposal. Bidder must submit evidence that the substitution (alternative) does not require extensive revision to the Contract Documents, that it is consistent with the Contract Documents and will produce indicated results, that it will not adversely affect the construction schedule, that it has received necessary approval of authorities having jurisdiction, that it is compatible with other portions

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of the Work and that it provides the specified warranty, or if no warranty is specified, a warranty comparable to that of the material or product named in the Specifications. In addition to the aforesaid requirements, Bidder must provide a detailed comparison of the significant qualities of the proposed substitution (alternative) with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. Bidder shall provide a list of similar installations for completed projects with project names, addresses, and contact persons, if requested. Bidder shall provide samples if requested. A proposed substitution (alternative) will not be considered to meet the Specifications unless all of the aforesaid requirements have been determined satisfied by the Engineer. Failure of the Bidder to supply the required information will result in non-approval of any proposed substitution (alternative).

10.5 Non-approval of any proposed substitution (alternative) shall not entitle the successful bidder to any additional compensation or an extension of time to complete the work.

10.6 Owner shall not be required to consider or accept any substitution (alternative) that is not specifically identified in a written request for substitution included with the bid submittal. Failure of the successful bidder to specifically identify a substitution (alternative) in a request for substitution included with its bid submittal shall result in the successful bidder being required to complete the Work using materials and products named in the Specifications.

10.7 Bidders are cautioned that substitutions (alternatives) submitted as part of the

Bid may render that Bid non-responsive, and that Bidder may be required to provide the materials or products specified without change in cost to Bid submitted, if the substitution (alternative) information is incomplete or the substitution (alternative) is judged to be inferior to the standard of quality specified.

10.8 No substitutions (alternatives) will otherwise be considered after the Contract award unless specifically provided in the Contract Documents.

10.9 No substitutions (alternatives) will be considered for prebid approval later than ten (10) days before bids are due.

11. SUBCONTRACTORS, SUPPLIERS AND OTHERS

11.1 If the Owner requires the identification of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner or Engineer after due investigation

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has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Intent to Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Intent to Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06.B of the General Conditions.

11.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a

Fee, the apparent Successful Bidder, prior to the Notice of Intent to Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Intent to Award may only subcontract other portions of the Work with Owner's written consent.

11.3 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

12. BID FORM

12.1 The Bid Form is available on PennBid's "Bid" tab.

12.2 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to submit).

12.3 Bids by partnerships must be executed in the partnership name and submitted by a partner.

12.4 The address, telephone number and contact person for communications regarding the Bid must be shown.

13. SUBMISSION OF BIDS

13.1 Bids shall be submitted electronically via PennBid. The apparent low bidder will be asked to provide hard copies of all bid documents within 48 hours of notice by Engineer.

13.2 Bids will only be considered responsive from those prospective bidders listed as obtaining contract documents from the Engineer's office or PennBid website.

14. MODIFICATION AND WITHDRAWAL OF BIDS

14.1 Bids may be modified or withdrawn at any time prior to the opening of Bids.

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14.2 Negligence by the Bidder in preparing his proposal confers no right of withdrawal or modification of his proposal after such proposal has been opened. No claims on account of mistakes or omissions of any proposal will be considered.

Notwithstanding the above, a Bidder may withdraw his proposal within two (2) business days after the Bid opening time in accordance with the Public Contracts

– Withdrawal of Bids Law, Act of January 23, 1974, P.L. 9, No. 4, 73 P.S. § 1601 et seq.,, as amended. A Bid which has been opened may be withdrawn only in accordance with the causes set forth in said Act and for no other reasons. Strict compliance with said Act is required to withdraw a Bid after opening.

15. OPENING OF BIDS

Bids will be opened and made publicly visible to all bidders via PennBid.

16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

Bids shall be irrevocable for ninety (90) days after the actual day of opening thereof unless delayed by the required approval of another governmental agency, financing or the award of a grant, in which case Bids shall be irrevocable for one hundred twenty

(120) days after Bid opening. Extensions of the date for the award of contract may be made by the mutual written consent of Owner and the lowest responsible and responsive Bidder. Neither the designation of the apparent lowest responsible Bidder, nor the issuance of a Notice of Intent to Award to the Bidder so designated shall operate to release any other Bidder from its Bid. Each such other Bidder, unless earlier released from its Bid by specific action of the Owner, shall remain bound by its Bid until the earlier of (1) the date of actual execution by the Agreement with the Bidder to whom the Award of Contract has been made, or (2) the expiration of the firm Bid period stipulated above.

17. AWARD OF CONTRACT

17.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

17.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Intent to Award.

17.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of

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the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in paragraph 10 of these Instructions to Bidders. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Intent to Award.

17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

17.5 If the contract is to be awarded, it will be awarded to the lowest qualified, responsible, and responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

17.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of

Intent to Award within ninety (90) days after the date of the bid opening.

18. CONTRACT SECURITY

18.1 Within fifteen (15) days of receipt of Notice of Intent to Award, the successful Bidder shall furnish a Performance Bond and a Payment Bond in the forms provided in these Bidding Documents, each in the amount of one hundred percent (100%) of the Contract Sum.

18.2 The Attorney-in-Fact who executes the Performance and Payment Bonds on behalf of the surety shall affix to the bonds a certified and current copy of its Power of Attorney, authorizing said Attorney-in-Fact to act on behalf of the surety. The Power of Attorney must be dated the same day as the bonds and both the bonds and Power of Attorney shall have affixed the raised corporate seal of the surety.

18.3 The Performance and Payment Bonds must be executed by a surety licensed and authorized to conduct business within the Commonwealth of Pennsylvania and named in the current list of companies holding Certificates of Authority as accepted sureties on Federal Bonds and as acceptable reinsuring companies as published in Circular 570 (as amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, and the amount of the bond shall not exceed the underwriting risk of such surety set forth in said Circular or revision thereof.

19. SIGNING OF AGREEMENT

When Owner gives a Notice of Intent to Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days after issuance of Notice of Intent to Award, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents with the required Bonds and Certificate(s) of Insurance to Engineer. After review and acceptance, Owner will execute the Agreement.

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Each counterpart is to be accompanied by a complete set of Drawings with appropriate identification.

20. PREBID CONFERENCE

A mandatory pre-bid meeting is to be conducted at 349 Ivyland Road, Warminster, PA 18974 at 10:00 AM on Wednesday, July 8, 2026. An alternate meeting date of July 9, 2026, at 10:00 AM will be established should a bidder be unable to attend the meeting on July 8, 2026.

Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to participate in the conference. Engineer will transmit to all Bidders such Addenda as Engineer considers necessary in response to questions arising at the conference.

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23. WAGES AND SALARIES

23.1 Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees.

23.2 The rates of pay set forth under Prevailing Wages and salary rates are the minimum to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective charges or adjustments of rates.

24. EQUAL EMPLOYMENT OPPORTUNITY

Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, sex, color, national origin, or religion.

25. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS

Attention of Bidders is particularly called to the necessity of complying with all Federal, State, and Local laws and regulations including but not limited to the following: Act 247- 1972; Act 287-1974; Federal Occupational Safety and Health Act of 1970.

26. BIDDERS QUALIFICATION FORM

The Bidders Qualification Form attached to the packet of bidding documents is to be submitted by every bidder with the proposal.

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27. NON-COLLUSION AFFIDAVIT

More than one proposal for the contract from an individual, partnership, corporation, or an association under the same or different name will be grounds for the rejection of all proposals in which such Bidder is interested. Any or all proposals will be rejected if there is reason for believing that collusion exists among any of the Bidders. Participants in such collusion will not be considered in future proposals. A Non-Collusion Affidavit shall be executed and submitted with the Bidder's proposal using the form set forth herein.

28. AGREEMENT OF SURETY

If the Bid security is submitted in the form of a certified check or bank cashier's check, the Bidder shall submit an Agreement of Surety certifying that a surety company will provide the Bidder with a Performance Bond and Payment Bond each in the amount of one hundred percent (100%) of the Contract Sum. The Agreement of Surety shall be in the form included in the Bidding Documents. The Agreement of Surety shall be executed by a surety satisfying the requirements set forth in Paragraph 6.4 of these Instructions to Bidders, and shall be accompanied by the necessary Power of Attorney as noted in Paragraph 6.4 above.

29. PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

The Bidder's Public Works Employment Verification form attached to the packet of bidding documents is to be submitted by every bidder with the Proposal.

30. FAILURE TO EXECUTE CONTRACT

Failure of the Bidder to whom Notice of Intent to Award has been given to deliver appropriate Payment and Performance Bonds, Certificates of Insurance, or execute the Agreement within the time specified, shall constitute a default by such Bidder and the Owner may, at its sole discretion, award the contract to the next lowest responsive and responsible Bidder or re-advertise for Bids, and the defaulting Bidder shall pay to the Owner the difference between the amounts of his Bid and any higher amount for which the Owner may contract for the required work, plus any advertising, consulting, legal or other expenses incurred by reason of the default. The Bid security of such defaulting Bidder shall be applied on account of said damages, and if the amount of said damages exceeds the amount of the Bid security, the defaulting Bidder shall pay to the Owner the full amount of the excess. The Owner may, in its sole discretion, extend the time period for submission of the above items, upon request of Bidder. Such request of Bidder, if accepted by Owner in writing, shall constitute a mutual agreement to extend the date for issuance of the Agreement to the date stipulated in such written agreement, or if no date is stipulated, until twenty (20) business days after the submission to the Owner of the property executed Agreement and all required documents in proper form as required by the Contract Documents.

31. PREVENTION OF ENVIRONMENTAL POLLUTION

Section 3301 of the Pennsylvania Commonwealth Procurement Code requires that all invitations for Bids and requests for proposals for construction projects issued by any governmental agencies shall set forth any provision of Federal and State statutes, rules, and regulations dealing with prevention of environmental pollution and the preservation

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of public natural resources that affect the Project. In this regard, attached to the specifications is a Notice of said provisions prepared by the Pennsylvania Department of Environmental Resources under Act 247 of 1972 P.S. § 1612 (repealed). See attached Exhibit "A".