1-22-0047 Dunmore Carpet Factory - Specifications - 2026.08.03.pdf

CONFORMED

PROJECT MANUAL

DUNMORE CARPET FACTORY

RENOVATIONS AND SITE WORK

105 CORNER STREET, DUNMORE, PA 18512

AUGUST 3, 2026

HOOFTY HOLDINGS, LLC

1 E. BROAD STREET, SUITE 310, BETHLEHEM, PA 18018

TELEPHONE: 610-865-3000

ARCHITECT

ALLOY5

530 West Broad Street

Bethlehem, PA 18018

TELEPHONE 610.419.4055

Project No. 22-0047

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HOOFTY HOLDINGS, LLC TABLE OF CONTENTS

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.0110

TABLE OF CONTENTS

000110 - 1

SECTION 000110 – TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT & CONTRACTING REQUIREMENTS

000115 List of Drawings

001113 Invitation to Bid

001153 Request for Qualifications

001154 Agreement of Surety

001155 Letter of Insurer

002113 Instructions to Bidders

002113-ITB-A Electronic Media Agreement

002625 Substitution Request Form

003126 Existing Hazardous Material Information

003126A Phase I Environmental Site Assessment Report, dated January 20, 2025

004116 General Construction Bid Form

004313.00 Bid Security Form

004313.13 Bid Bond Form

004519 Non-Collusion Affidavit

005216.00 Agreement Form

005216.13 AIA Document A132-2019 – Draft “Standard Form of Agreement between

Owner and Contractor”

006113.00 Performance and Payment Bond Forms

006113.13 Performance Bond Form

006113.16 Payment Bond Form

006216 Sample Certificate of Insurance Form

007216 AIA Document A232-2019 “General Conditions of the Contract for Construction”

007250 Construction Documents Abbreviations

007343 Prevailing Wage Rate Requirements

007346.13 Prevailing Wage Rate Determination Schedule

007346.16 Certified Payroll Sample Form – PA Department of Labor & Industry Form LLC-25

008200 Safety and Health Management Plan

DIVISION 01 – GENERAL REQUIREMENTS

011100 Summary of the Project

011400 Work Restrictions

011500 Field Engineering

012100 Allowances

012200 Unit Prices

012300 Alternates

012600 Contract Modification Procedures

012900 Payment Procedures

012901 Payment Procedures for Asphalt Paving

013100 Project Management and Coordination

013117A Coordination Drawings

013200 Construction Progress Documentation

013300 Submittal Procedures

013300A ST-2 Form

000110 - 2

013300B ST-3 Form

013300C ST-4 Form

013300D 2025 List of Exempt Machine and Equipment Steel Products

013516 Alteration Project Procedures

014000 Quality Requirements

014200 References

015000 Temporary Facilities and Controls

015526 Traffic Control

016000 Product Requirements

017300 Execution

017329 Cutting and Patching

017419 Construction Waste Management & Disposal

017419A Construction Waste Management & Disposal - Appendix A

017700 Closeout Procedures

017823 Operation and Maintenance Data

017839 Project Record Documents

017900 Demonstration and Training

018119 Indoor Air Quality Requirements

019113 General Commissioning Requirements

DIVISION 2 – EXISTING CONDITIONS

024100 Selective Demolition

DIVISION 4 – MASONRY

040110 Masonry Cleaning

042000 Unit Masonry

DIVISION 5 – METALS

055000 Metal Fabrication

DIVISION 6 – WOODS, PLASTICS, AND COMPOSITES

061000 Rough Carpentry

061715 Engineered Structural Wood

061600 Sheathing

064116 Plastic Laminate Clad Architectural Cabinets

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

072100 Thermal Insulation

073113 Asphalt Shingles

075329 EPDM Roofing

076200 Sheet Metal Flashings and Trim

078413 Penetration Firestopping

079200 Joint Sealants

DIVISION 8 – OPENINGS

081113 Hollow Metal Doors and Frames

081416 Flush Wood Doors

000110 - 3

084113 Aluminum Framed Entrances and Storefronts

088000 Glazing

089000 Louvers and Vents

DIVISION 9 – FINISHES

092216 Non-Structural Metal Framing

092900 Gypsum Board

093000 Tiling

095000 Acoustic Ceilings

096515 Resilient Sheet Flooring

096519 Resilient Tile Flooring

096800 Carpeting

099100 Painting

DIVISION 10 – SPECIALTIES

101400 Interior Tactile Signage

102113 Toilet Compartments

102600 Wall and Door Protection

DIVISION 12 – FURNISHINGS

123661 Solid Surface Countertops

123661.19 Quartz Surfacing Countertops

DIVISION 21 – FIRE PROTECTION

SEE FIRE PROTECTION

DIVISION 22 – PLUMBING

SEE FIRE PROTECTION

DIVISION 23 – HEATING, VENTILATION, AND AIR CONDITIONING

SEE MECHANICAL DRAWINGS

DIVISION 26 – ELECTRICAL

SEE ELECTIRCAL DRAWINGS

END OF SECTION

HOOFTY HOLDINGS, LLC LIST OF DRAWINGS

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.0115

LIST OF DRAWINGS

00.0115 - 1

SECTION 00.0115 - LIST OF DRAWINGS

The List of Drawings indicated on the Drawing Cover Sheet form a part of this Contract, as set forth in the accompanying Conditions of the Contract for Construction.

ADDITIONAL DIGITAL DATA FILES

Non-editable version of the Building Information Model (BIM) for visualization use only. NOT TO BE USED FOR

BIDDING PURPOSES. This model is being provided as an example of the final Coordination BIM digital data files the Architect will furnish to Contractor for use in preparing the coordination BIM as specified in SECTION 013117A

– COORDINATION DRAWINGS.

HOOFTY HOLDINGS, LLC LIST OF DRAWINGS

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.0115

LIST OF DRAWINGS

00.0115 - 2

HOOFTY HOLDINGS, LLC INVITATION TO BID

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.0116

INVITATION TO BID

00.1116 - 1

SECTION 00.1116 – INVITATION TO BID

Hoofty Holdings, LLC will receive sealed online Bids via the PennBid Program (www.pennbid.net) for the

Dunmore Carpet Factory Renovations and Site Work Project in the form of SINGLE PRIME lump sum Contract.

Bids are due no later than 2:00 PM prevailing time on Tuesday, September 22, 2026. All received proposals will be publicly opened and read at 3:00 PM.

A pre-bid conference will be conducted on Friday, August 28, 2026 at 1:00 PM at the 105 Corner Street, Dunmore, PA Dunmore Carpet Factory 18512. Representatives of Hoofty Holdings, LLC and Design Team will provide details of the Project at this meeting.

Electronic Contract Documents: Prospective bidders may obtain Bid/Contract Documents at no cost in electronic format (PDF) via www.pennbid.net. Documents will be available on Monday, August 10, 2026.

Notice is hereby given that the Project is subject to the Pennsylvania Prevailing Wage Act, as amended, 43 P.S.

165-1 et seq., and reference is made to the prevailing minimum wage rates applicable to each Project as promulgated by the Secretary of Labor and Industry. The project is funded, in part, by the Commonwealth of

Pennsylvania Redevelopment Assistance Capital Program (RACP). Contractors shall review Contract Documents for RACP Compliance Guidelines.

Bidders shall refer to provisions of the Federal and State statutes, rules and regulations dealing with the prevention of environmental pollution and the preservation of the public natural resources that affect the project; said statement of provisions being submitted, as part of the specifications, pursuant to Section 3301 of the

Pennsylvania Commonwealth Procurement Code, 62 Pa.C.S. § 3301.

Bids shall conform to all requirements as more fully set forth in the Bid Documents, including, inter alia, compliance with all applicable laws and regulations.

The Owner reserves the right to reject any or all proposals or any part thereof or items therein and to waive technicalities as it deems best to protect its interest.

HOOFTY HOLDINGS, LLC

http://www.pennbid.net/

HOOFTY HOLDINGS, LLC INVITATION TO BID

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.0116

INVITATION TO BID

00.1116 - 2

REQUEST FOR QUALIFICATIONS

00.1153 - 1

HOOFTY HOLDINGS, LLC

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK

QUALIFICATIONS QUESTIONNAIRE

Date: _______________

1. Companies that wish to submit a Bid for this Project must submit this Qualification Statement with their Bids.

2. Only Companies which are determined to be responsible contractors under applicable law will be designated as qualified Bidders.

3. The Instructions to Bidders govern the Owner’s consideration of this completed Qualification

Statement and any other requirements that will be considered in making an award.

4. All prospective Bidders must complete this form by answering all questions, and supplying all requested documents, using the spaces indicated (with additional pages if necessary) and attaching documents as required and submit the completed form with their bid by the deadline established in the Advertisement or Invitation to Bid.

I. Capability

1. Form of organization (sole proprietorship, partnership, corporation, etc.)

2. Years the organization has been in business as a contractor under its present name.

3. List of all affiliated or subsidiary organizations and companies.

00.1153 - 2

4. List of all organizations and individuals who have a financial interest of or a specified percentage in the company.

5. Any other organization or individual who controls bidding or operation of the organization.

6. Identification of all offices.

7. The numbers, categories, and locations of all employees and officers.

8. The officers, administrators, managers, and superintendents who will be assigned to the project -identification of qualifications, with specific attention to years in present position, years of construction experience, and magnitude and type of work.

00.1153 - 3

9. List Any work the organization has performed in the City of Scranton or the Borough of Dunmore.

10. Other similar or public work that the organization has performed in Pennsylvania (up to five most recent projects). For each, identify the name and address of owner, location of project, nature of contract

(prime, sub, etc.), contract amount, change orders, final contract amount, if completed on time, kind of work, and nature of project.

11. Other projects for the type of construction that is to be undertaken, performed by the organization at any time. For each, identify the name and address of owner, location of project, nature of contract (prime, sub, etc.), contract amount, kind of work, and nature of project.

00.1153 - 4

12. Projects constructed with Critical Path Method (CPM) or some other form of computerized project scheduling and capabilities that otherwise can be provided. For each, identify the name and address of owner, location of project, nature of contract (prime, sub, etc.), contract amount, kind of work, and nature of project.

13. Projects awarded but which the organization failed to complete. Identify dates, name and address of owner, name and location of project and kind of work, and the reasons the project was not completed.

14. Equipment owned that will be utilized on the project by type, size or capacity, years of service, and condition.

15. Leased equipment that will be utilized on the project by type, size or capacity, years of service, and condition.

00.1153 - 5

16. Portion of the contract to the nearest ten percent (10%) that the bidder expects to perform using its own labor and equipment.

II. Financial Integrity

1. Attach the most recent audited and CPA certified financial statement with certification, date of preparation, name and address of preparer (financial information can be treated as confidential if placed in a sealed envelope and marked as such).

2. Net working capital (current assets over current liabilities) and date of determination.

3. Identification of credit lines, with information on the total lines, amounts drawn down, and amounts remaining.

4. Identification of the contractor’s surety for the required performance bond, total bonding capacity, and available bonding capacity. Also list bonding company A.M. Best Rating and Financial Rating.

00.1153 - 6

III. Conduct

1. All felony convictions, all bidding related offenses, and all misdemeanor convictions involving moral turpitude of the organization, its affiliates, its owners holding more than a specified percentage interest, its officers, and its administrators, managers, and superintendents that will be assigned to the project.

2. Debarments, suspensions, and denials of prequalification of the organization for any federal, state, local, or governmental contracting.

3. Construction-related disputes of any kind including lawsuits, arbitrations, mechanics liens, and other claims that the organization has been involved in. Provide a summary of each item.

4. Proceedings of an administrative enforcement nature of whatever kind, including environmental, wage and hour, prevailing wage, employment discrimination, or other kind of proceeding. Provide a summary of each item.

5. List any prevailing wage disputes, investigations, or complaints filed against the firm or any officers.

6. Unpaid obligations to local, state, or federal taxing authorities, including but not limited to income, withholding, and unemployment taxes.

00.1153 - 7

7. Cancellation, termination, or rescission of contracts of insurance or suretyship.

8. Provide all other information requested in accordance with Instructions to Bidders or any other information requested by Owner as part of its investigation.

IV. Safety and Training

1. Provide a copy of your Workmen’s Compensation Experience Modification Factor for the past three

(3) years.

2. Identify any safety violations, accidents, or injuries on any projects over the last five (5) years.

3. Provide a summary and proof of any training or other programs that are available, endorsed, or paid by your company and made available to employees.

4. Provide a summary of your safety training and compliance programs.

When the Bidder is an individual proprietor:

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WITNESS:

_________________________________ ________________________________(SEAL)

Signature of Witness Signature of Proprietor

Print Name of Proprietor

When the Bidder is a partnership:

Print Name of Partnership

Address

City, State, Zip Code

Phone number with Area Code

WITNESS:

________________________________ ________________________________(SEAL)

Signature of Witness General Partner

00.1153 - 9

When the Bidder is a corporation:

Print Name of Corporation

Address

City, State, Zip Code

Phone number with Area Code

ATTEST:

________________________________ BY:_____________________________(SEAL)

Secretary/Assistant Secretary/ President/Vice President or

Treasurer/Assistant Treasurer other authorized representative or other authorized representative

Print name of corporate representative

(CORPORATE SEAL)

00.1153 - 10

HOOFTY HOLDINGS, LLC AGREEMENT OF SURETY

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.1154

AGREEMENT OF SURETY

00.1154 - 1

SECTION 00.1154 – AGREEMENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that we, ___________________________________, as Surety, a corporation existing under the laws of the State of ________________________, and authorized to transact business in the Commonwealth of Pennsylvania hereby agrees intending to be legally bound hereby, to execute and deliver to Hoofty Holdings, LLC, within the time limit specified in the Contract Documents, the Performance

Bond and Payment Bond in the forms included in the Contract Documents each in an amount of 100% of the

Contract Sum, in favor of Hoofty Holdings, LLC, as required for the faithful performance and proper fulfillment of the Contract for the Dunmore Carpet Factory Renovations And Site Work Project, with addresses of 105 Corner

Street, Dunmore, PA 18512, on behalf of _______________________________________ (hereinafter called the Bidder) provided that the above contract be awarded to the Bidder within sixty (60) days after the date of opening of the bids or otherwise as set forth in the Instructions to Bidders.

Surety further agrees that should the Surety, after notification of intent to make such award, omit or refuse to execute the required bonds and agreement, then the Surety shall pay to Hoofty Holdings, LLC, hereinafter called the Obligee, any difference between the total amount specified in said Bidder’s proposal for the required work and the amount of which said Obligee may procure the same work, if the latter amount be in excess of the former, plus any advertising, architectural, legal, and other expenses incurred by Obligee; provided, however, that the obligations of Surety hereunder shall not exceed the amount of bid security provided by the Bidder together with interest.

Dated: ______________________, 20___ _______________________________________

(CORPORATE SURETY)

WITNESS OR ATTEST:

_________________________________ By: ___________________________________

Attorney-in-Fact*

NAME: _______________________________

(Please type)

*Attach an appropriate Power of Attorney, dated as of the same date as this Agreement, evidencing the authority of the Attorney-in-Fact to act on behalf of the Corporation.

HOOFTY HOLDINGS, LLC AGREEMENT OF SURETY

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.1154

AGREEMENT OF SURETY

00.1154 - 2

HOOFTY HOLDINGS, LLC LETTER OF INSURER

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.1155

LETTER OF INSURER

00.1155 - 1

SECTION 00.1155 – LETTER OF INSURER

DATE:

TO: Mr. M. Arif Fazil

Hoofty Holdings, LLC, and

1 East Broad Street

Suite 310

Dear Mr. Fazil, The undersigned insurance agent, licensed to do business in the Commonwealth of Pennsylvania and authorized to issue this letter on behalf of the following insurance company or companies:

hereby represents that if

(Insert name of Bidder) is awarded the contract for the construction of the project, as is described in the Contract for Construction, then the above-named insurance company or companies will issue insurance, naming Hoofty Holdings, LLC and the

Lackawanna County Department Of Planning And Economic Development as Conservator, and all consultants, Alloy5 and all consultants, and the Commonwealth of Pennsylvania, its employees, officers, and agents, the

Lackawanna County Conservation District, the Lackawanna County Department Of Planning And Economic

Development, the Borough of Dunmore and its consultants, and each of the above named officers, agents, and employees as additional insured, for the coverages and in the amounts required by the Contract Documents, as set forth in Article 11 of the General Conditions.

(Name of Agent)

By:

(Authorized Representative)

HOOFTY HOLDINGS, LLC LETTER OF INSURER

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.1155

LETTER OF INSURER

00.1155 - 2

HOOFTY HOLDINGS, LLC INSTRUCTIONS TO BIDDERS

DUNMORE CARPET FACTORY RENOVATIONS AND SITE WORK SECTION – 00.2113

INSTRUCTIONS TO BIDDERS

00.2113 - 1

SECTION 00.2113 - INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders, which are defined in the General Conditions of the Contract for Construction (the “General Conditions”), have the meanings assigned to them in the General

Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-

Bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term “Owner’s Representative” shall be interchangeable with

“Construction Manager.” The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the Contract Documents (including all Addenda issued prior to receipt of Bids). The numbering system refers to Articles.

2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents may be obtained online at no cost via the PennBid program (https://pennbid.bonfirehub.com).

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner, Owner’s

Representative or Architect, assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Bidding Documents consist of Contract

Documents (and all reference standards), specifications, addenda, and drawings. Bidder is responsible to make sure that the set of Bidding Documents is complete and that any printed contract document is legible and represents properly all the information as represented in the

PDF file.

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

3. QUALIFICATIONS OF BIDDERS

3.1 The following information must be completed and submitted with the electronic bid form on

PennBid.

3.1.1 The Request for Qualifications questionnaire found in Section 001153. Use additional pages to complete any of the sections if more space is needed. Bidder’s failure to fully and accurately disclose all information requested in the Request for Qualifications questionnaire shall constitute grounds for Bidder’s disqualification from being considered the lowest responsive, responsible Bidder.

3.1.2 Executed Agreement of Surety found in Section 001154 and appropriate Power of

Attorney.

3.1.3 Executed Letter of Insurer found in Section 001155.

https://pennbid.bonfirehub.com/

00.2113 - 2

3.1.4 Executed and notarized Non-Collusion Affidavit found in Section 004519.

3.1.5 Executed Bid Bond found in Section 004313.13, or other Bid Security as referenced in

Article 6 of this Section.

3.2 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of Owner's request, written evidence such as financial data, insurance certificates, previous experience of the Bidder and its assigned personnel, present commitments, and any other information that may be requested by the Owner. Each Bid must contain evidence of Bidder's qualification to do business in the Commonwealth of Pennsylvania, or covenant to obtain such qualification prior to award of the Contract. Owner reserves the right to reject Bidder if he cannot satisfy all of the Qualification Requirements, including those listed in the Technical

Specifications.

3.3 In determining the lowest responsible Bidder, the Owner will consider the integrity, efficiency, experience of the Bidder and its assigned personnel, promptness, current workload, financial capability, performance on recent projects, references from owners, architects, and engineers, list of potential sub-contractors, schedule of values, and ability to successfully and timely complete the Project. The apparent low Bidder must demonstrate competency and provide any or all of the above information requested within five (5) days of request. Owner reserves the right to reject the Bidder as non-responsive if all the information is not received on time and/or does not reasonably satisfy the Owner’s evaluation process.

3.4 In addition to all the requirements specified in Articles 3.1, 3.2 and 3.3 regarding qualifications of Bidders, the Owner will evaluate Bidders using the following additional criteria:

3.4.1 The Bidder and its assigned personnel must have successfully performed a minimum of 3 previous projects within the last 5 years of similar type or a contract value of at least seventy percent (70%) of the amount of the Bidder’s Base Bid. Provide references including telephone number and contact person.

3.4.2 The Bidder shall perform not less than ten percent (10%) of the actual construction

Work with staff employed directly by the Bidder.

3.4.3 The Bidder, or its assigned personnel, must have successfully performed at least 3 projects within the last 5 years where they have managed multiple trades and coordinated and scheduled all the activities for projects as per Article 3.4.1. Provide references including telephone number and contact person.

3.4.4 An Agreement of Surety certifying that the Surety Company is committed to provide the

Bidder with a Performance Bond and Payment Bond each in the amount of one hundred percent (100%) of the contract amount. The Surety Company must have an AM Best rating of A- or higher and a financial rating of Class X or higher.

3.4.5 The Bidder’s performance on previous projects including claims, litigation, coordination of work, staffing, and timely completion. If it is determined that the Bidder has not fully performed previous projects in a coordinated, timely, and good and workmanlike manner, the Owner reserves the right to reject the Bid.

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3.4.6 The Bidder shall also refer to Articles 11 and 16.

3.5 Owner shall be entitled to recover attorneys’ fees and costs incurred in defending any unsuccessful challenge brought by a Bidder in its own name or as proxy for a City resident to

Owner’s award of a contract to another Bidder, from the Bidder who brought the unsuccessful challenge as more fully set forth in Section 13.8.1 of the General Conditions of Contract.

3.6 All Bidders should be aware that the Owner encourages and promotes MBE (Minority Business

Enterprise) and WBE (Women’s Business Enterprise) participation for this Project. Bidders are encouraged to do their own research on the qualifications, and other factors, in preparing a comprehensive and responsible bid.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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

1. Examine the Contract Documents thoroughly.

2. Visit the site to become familiar with local conditions that may affect the cost, progress, performance, or furnishing the Work.

3. Consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work.

4. Study and carefully correlate Bidder's observations with the Contract Documents.

5. Notify Architect of any conflicts, errors, or discrepancies discovered in the Contract

Documents.

4.1.1 REVIEW OF DRAWINGS AND SPECIFICATIONS

A. Bidders shall thoroughly examine and be familiar with the Specifications and

Drawings. The failure or omission of any Bidder to receive or examine any form, instrument, document, or visit the site and acquaint himself with conditions there existing, shall in no way relieve any Bidder from obligation with respect to his Bid. By submitting a Bid, the Bidder agrees and warrants that he has examined the site and the Specifications and Drawings and, where

Specifications and/or Drawings require in any part of the Work a given result to be produced, that the Specifications and Drawings are adequate, and the required result can be produced under the Specifications and Drawings. No claim for any additional costs 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.

B. Should any Bidder find discrepancies, duplications, or omissions in the documents or have doubt as to the meaning expressed by the Contract

Documents, he shall make inquiry at once in writing to the Architect. Where changes, corrections, or clarifications to Contract Documents are deemed necessary by the Architect, he will issue written Addenda accordingly.

Addenda shall be a part of the Contract Documents. No oral, telephone, or letter

00.2113 - 4 instructions will be considered as having effect upon the Contract Documents;

Addenda only shall constitute change to them. Bidders and sub-Bidders are urged to make early examination of Contract Documents and make inquiries about them if necessary, even though prices may not be determined until late in the bidding period.

4.2 The site will be made available for visits at the pre-bid conference and may be made available at other specific designated dates and times determined at the pre-bid.

4.3 Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Architect by owners of such underground facilities or others, and Owner and Architect do not assume responsibility for the accuracy or completeness thereof. Successful Bidder shall verify the location of all underground utilities prior to any excavation.

4.4 Successful Bidder for the General Contract is responsible, on behalf of the Owner, for providing the physical markings of all existing utilities including those on site as indicated on the drawings or that may be identified in the field. The locations shown on the drawings are approximate. The

Bidder must include in his proposal the cost for hand-dug test holes, or other means, to ascertain the precise position of such underground facilities on the site owned by the Owner. This verification should be performed for any utilities to be relocated, removed, modified, or that may otherwise interfere with planned work. The utilities in the public right of way will be identified and marked by the appropriate facility owner as per the requirements of the PA One Call Act as amended. Physical layout is to be performed in full compliance with the PA One Call PA Act 287 of 1974 as amended by Act 18 of 1996 and Act 50 of 2017.

4.5 The Owner and Architect will not be responsible for the adequacy of data furnished to prospective

Bidders on subsurface conditions, underground facilities, and other physical conditions. This information is provided based on information available. Bidder assumes responsibility for verifications, adjustments, and modifications that may be required since this is generally recognized as inherent to the Work of the Contract Documents.

4.6 Before submitting a Bid, each Bidder will, at Bidder's expense, make or obtain any additional 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 the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

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

4.8 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 the Bidder 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 Bidder.

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Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

4.9 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of the Bidding Documents and, 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.

5. INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Contract Documents are to be directed as listed below. Interpretations or clarifications considered necessary by the Architect in response to such questions will be issued by Addenda delivered to all parties through PennBid under

“Messages/Public Notices”. Bidders shall acknowledge receipt of all Addenda through the link provided in the PennBid notification and on the electronic Bid Form. Questions received less than five (5) days prior to the date for opening of Bids may not be answered. Only interpretations or clarifications issued by formal written Addenda will be binding. Oral or other interpretations or clarifications will be without legal effect

5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner, or Architect.

5.3 All questions must be submitted via PennBid “Messages/Public Q & A” feature. Phone calls are not permitted. Questions received by any other means will not be acknowledged.

6. BID SECURITY

6.1 A Bid shall be rejected unless accompanied by a Bid Security in the amount of ten percent (10%) of the total of the Base Bid. Bid Security shall be in the form of a certified check or bank cashier’s check payable to Owner or a Bid Bond in the form set forth herein, naming as obligee, the Owner.

6.2 The Owner may declare the Bid Security forfeited to the Owner if, following such issuance of a

Notice of Intent to Award to the apparent lowest responsible Bidder, such Bidder fails to deliver the items required for complete evaluation and for contract execution required by the Bidding

Documents and within the time required by the Bidding Documents.

6.3 If Bid Security is submitted in the form of a Bid Bond, the Bid Bond shall be submitted on the form referenced 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 as a surety within the Commonwealth of

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Pennsylvania, have an AM Best rating of ‘A-’ or higher and a financial rating of Class X or higher and shall be 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 of revisions thereof. Any bond must be acceptable to Owner.

6.4 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 17.2 of these Instructions to Bidders. The Owner shall not be liable for any interest on

Bid Security which is held in accordance with these Instructions to Bidders.

7. 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, notarized, and submitted with the Bidder’s proposal using the form set forth in Section 004519.

8. CONTRACT TIME

The Bidder acknowledges that a condition of the Contract is that time is of the essence of the Contract and the number of calendar days within which, or the dates by which, the Work is to be substantially completed and finally completed and ready for final payment (the Contract Time) are set forth in the

Contract Documents and are accepted by the Bidder without exception or conditions.

9. LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in the Contract Documents.

10. SUBSTITUTIONS OR "OR-EQUAL" ITEMS

The various materials and products specified in the specifications by name or description are given to establish a minimum acceptable standard of quality and of cost for bid purposes. When proprietary names are used, and there does not follow a “listing” of acceptable approved manufacturers and/or products, then the proprietary named item must be included in the bid proposal without substitution.

When proprietary names are used, and there follows a “listing” of acceptable “approved” manufacturers and/or products, then the bidder may base the bid on either the proprietary product or any from the

“listing”. Bidders may request approval prior to bid opening of non-listed items as substitutions in accordance with these specifications and Instructions to Bidders. When proprietary names are used, and there are alternates on the bid form, then the Bidder shall base his bid on the proprietary product or any from the “listing” of approved manufacturers and/or products for the base bid and alternate bid(s) as

00.2113 - 7 indicated. Unless the Bidder obtains pre-bid approval of a substitution, the Bidder must furnish the specified or listed item regardless of whether or not they were included in his bid. The bidder shall be required to coordinate and pay for any conditions which are required to accommodate the listed or alternate item, including the reimbursement of other affected prime contractors if the project is a multi-prime project.

No substitutions will be considered prior to receipt of Bids unless request via PennBid “Messages/Public

Q & A” tab for approval has been received only from prime contract Bidders at least ten days prior to the date for receipt of Bids.

In order to prequalify as a substitution, all alternative manufacturers’ information should be submitted by a prime contract Bidder and should include:

• Technical, warranty, and manufacturer's data specified. A line-by-line comparison of all specified items in the Specification must be made. Submission must be made ten (10) days prior to Bid opening.

• Architect will review submission and any acceptable substitutions will be listed in an addendum.

All manufacturers not specifically approved as a substitution by addendum shall not be considered.

• Only manufacturers that are qualified prior to the Bid opening will be considered acceptable manufacturers.

10.1 The approval of a substitution shall be at the sole determination of the Architect and upon approval of the Owner, if a proposed substitution is approved prior to receipt of Bids, such approval will be set forth in an addendum. Bidders shall not rely upon approvals in any other manner. If a proposed substitution is not specifically approved by addendum, they are rejected.

10.2 No substitutions will otherwise be considered after the Contract award absent proof that the specified item is not commercially available and cannot be provided through no fault of the

Bidder.

10.3 No substitutions will be considered for approval prior to the opening of Bids unless submitted no less than ten (10) days before Bids are due.

11. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.1 All Subcontractors proposed for the project shall have been in business for a minimum of five

(5) years and must have a successful record of completing, at a minimum, five (5) projects of similar size and cost. Subcontractors must also have business insurance including commercial general liability insurance, automotive liability insurance, and worker’s compensation insurance, adequate resources of manpower, tools, and equipment and must meet the IRS criteria for an independent contractor.

11.2 At the Owner’s request, the identity of certain Subcontractors, suppliers, and other persons or organizations (including those who are to furnish the principal items of material and equipment) is to be submitted to Owner in advance by the apparent Successful Bidder, and any other Bidder so requested. Within five (5) days after the Bid Opening, submit to Owner a list of all such

Subcontractors, suppliers, and other such persons or organizations proposed for those portions

00.2113 - 8 of the Work for which such identification is required. An experience statement shall accompany such list 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, after due investigation, have reasonable objections to any proposed Subcontractor, supplier, and other person or organization, then Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid Price.

11.3 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposed to use acceptable Subcontractors, suppliers, and other persons and organizations. Provided the apparent successful Bidder does not challenge Owner’s award to the next lowest Bidder, declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder.

12. BID FORM

12.1 INTENTIONALLY LEFT BLANK

12.2 The Bid Form included with the Bidding Documents is for reference only. Bids shall be completed on the electronic bid form within PennBid’s “Submissions” tab, inclusive of all pricing items and required supporting documents as identified. Scanned copies of the Bid Form will not be considered.; NO additional copies will be provided.

12.3 All blanks on the Bid Form must be completed.

12.4 Bids by corporations must be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by the evidence of authority to sign.

12.5 Bids by partnership must be executed in the partnership name and signed by a partner accompanied by evidence of authority to sign.

12.6 INTENTIONALLY LEFT BLANK

12.7 All names must be typed or printed below the signature.

12.8 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). Properly issued Addenda shall be binding upon all Bidders, regardless of whether a Bidder fails to acknowledge receipt.

12.9 The street address, email address, and telephone number for communications regarding the Bid must be shown.

12.10 INTENTIONALLY LEFT BLANK

13. SUBMISSION OF BIDS

13.1 Sealed bids shall be submitted online via the PennBid Program, https://pennbid.bonfirehub.com.

https://pennbid.bonfirehub.com/

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13.2 A Bid shall be submitted no later than the date and time prescribed in the Advertisement, Notice to Bidders and on PennBid.

14. MODIFICATIONS AND WITHDRAWAL OF BIDS

14.1 Bidders will be given permission to withdraw any proposal after it has been received by the

Owner, provided the Bidder or his agent duly authorized to act for him, personally appears at the

Owner’s Business Office with a written request signed by the Bidder prior to the time set forth for the opening of the Bids. At the time set for the opening of Bids, the withdrawn proposal will be returned to the Bidder. Such withdrawn proposals will not be opened or read at the Bid opening. Bids may not be modified after submittal.

14.2 Bids shall be irrevocable for sixty (60) days after the actual day of opening thereof unless delayed by the required approval of another governmental agency, the sale of bonds or the award of a grant, in which case, Bids shall be irrevocable for 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.

14.3 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 Owner of the

Agreement Between Owner and Contractor with the Bidder whom the Award of Contract has been made, or (2) the expiration of the firm Bid period stipulated above.

14.4 Negligence by the Bidder in preparing his Bid 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 Bid 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

15.1 Bids will not be opened and read aloud publicly. An abstract of the amounts of the Total Base

Bid and major alternates, if any, will be made available to Bidders after the opening of Bids using

PennBid’s “Messages/Public Notices” tab.

16. AWARD OF CONTRACT

16.1 The Owner’s intent is to enter into Contracts with the lowest responsible and qualified Bidders.

Owner reserves the right to reject any and all bids, to waive all informalities or technicalities, and the right to disregard all nonconforming, non-responsive, 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

00.2113 - 10 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 the Bidding Documents. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the correct sum.

16.2 Bid forms shall NOT BE ALTERED IN ANY MANNER. Owner reserves the right to reject any and all bids, to waive all informalities or technicalities, and the right to disregard all nonconforming, non-responsive, 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 the Bidding Documents. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the correct sum.

16.3 In evaluating Bids, Owner will consider the qualifications of such Bidders (see Article 3), whether or not the Bids comply with the prescribed requirements, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

16.4 Owner may consider the qualifications and experience of Subcontractors, suppliers, and other persons or organizations proposed for any portions of the Work requested by Owner. Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

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

16.6 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Intent to

Award within sixty (60) days after the day of Bid opening unless extended as set forth in these

Instructions to Bidders.

16.7 The Owner reserves the right to waive non-material defects in any Bid if it determines that it is in its best interest to do so. The Owner reserves the right to reject all bids.

17. CONTRACT SECURITY & INSURANCE

17.1 The General Conditions set forth the Owner's requirements as to Performance Bonds, Payment

Bonds, and insurance requirements.

17.2 The apparent low Bidder must provide Payment and Performance Bonds in the forms included in the Contract Documents and all Certificates of Insurance or other insurance information as required pursuant to the General Conditions of the Contract within ten (10) days of the issuance of Notice of Intent to Award. Other bond forms will not be accepted. Failure of the apparent low

Bidder to provide original executed Payment and Performance Bonds in the required form within the required time will result in forfeiture of the Bid Security.

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18. SIGNING OF AGREEMENT

When Owner issues a Notice of Intent to Award to the Successful Bidder, the Successful Bidder shall within ten (10) days thereafter, deliver to the Owner, three (3) original copies of the required bonds, insurance certificates, and any other documents that may be requested with the Notice of Intent to Award.

Within ten (10) days thereafter, the Owner will issue the contract via Docusign or may deliver three (3) agreements to Successful Bidder. The Successful Bidder shall sign the agreements and return all original documents, if applicable, to the Owner for signature. The Owner may return one (1) signed agreement to the Successful Bidder.

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19. RETAINAGE

Retainage will be in accordance with the Contract Documents. Reference Article 9 of the General

Conditions.

20. PREVAILING WAGES

Pennsylvania Prevailing wage rates will apply to this project. The Contractor and its subcontractors shall comply with the provisions, duties, obligations, remedies, and penalties of the Pennsylvania Prevailing

Wage Act, 43 P.S. § 165-1 et seq. which is incorporated herein by reference as if fully set forth herein.

The general prevailing minimum wage rates, as determined by the Secretary of Labor and Industry shall be paid for each craft or classification of all workmen needed to perform work on the Project during the term hereof for the locality in which the work is to be performed. Reference Article 16.3 of the General

Conditions.

21. COMPETENT WORKMEN

No person shall be employed to perform any work under the Contract if they are not legally eligible to be employed under…