PROJECT MANUAL

FOR

CLARIFIER BLOWDOWN UPGRADE

BOROUGH OF CHAMBERSBURG

FRANKLIN COUNTY, PENNSYLVANIA

Engineering Project Number: 11224278

JANUARY 2026

GHD

225 GRANDVIEW AVENUE, SUITE 403

CAMP HILL, PA 17011

(717) 541-0622

PROJECT MANUAL

FOR

CLARIFIER BLOWDOWN UPGRADE

BOROUGH OF CHAMBERSBURG

FRANKLIN COUNTY, PENNSYLVANIA

Engineering Project Number: 11224278

JANUARY 2026

GHD

225 GRANDVIEW AVENUE, SUITE 403

CAMP HILL, PA 17011

(717) 541-0622

Copyright ©2025 by GHD All rights reserved.

CLARIFIER BLOWDOWN UPGRADES

11224278 TOC – 1 TABLE OF CONTENTS

PROJECT MANUAL

TABLE OF CONTENTS

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DIVISION 00 CONTRACT REQUIREMENTS

Document 00100 Instructions to Bidders

Document 00320 Non-Collusion Affidavit

Document 00330 Affidavit of Compliance with PA Steel Products Procurement Act

Document 00340 Public Works Employment Verification Form

Document 00410 Bid Form

Document 00415 Bid Bond

Document 00451 Statement of Bidders Qualifications

Document 00520 Standard Form of Agreement between Owner and Contractor for Construction Contract

Document 00610 Performance Bond

Document 00615 Payment Bond

Document 00700 Standard General Conditions of the Construction Contract

Document 00800 Supplementary Conditions:

Article 1 – Modifications to General Conditions

Article 2 – Pennsylvania Prevailing Wage Act

Article 3 – Regulations of the Pennsylvania Human Relations Commission

Article 4 – Compliance with Steel Products Procurement Act

Article 5 – Permits

Article 6 – Pennsylvania Department of Environmental Protection Clean Fill Information

Article 7 – Pennsylvania Right-To-Know Requirements

Article 8 – Requirements of Act 141 of 2022 – Public Works Employment Verification Act

DIVISION 01 GENERAL REQUIREMENTS

Section 01010 Summary of Work Section 01027 Applications for Payment Section 01035 Modification Procedures Section 01040 Project Coordination Section 01050 Field Engineering Section 01095 Reference Standards and Definitions Section 01200 Project Meetings Section 01300 Submittals Section 01381 Color Audio Video Documentation Section 01400 Quality Control Services Section 01516 Temporary Sanitary Facilities Section 01560 Temporary Controls

11224278 TOC – 2 TABLE OF CONTENTS

Section 01600 Section 01631 Section 01700

DIVISION 02

Section 02211 Section 02221 Section 02605 Section 02700

DIVISION 03

Section 03300

DIVISION 05

Section 05500 Section 05510 Section 05530

DIVISION 11

Section 11549

DIVISION 13

Section 13100

DIVISION 16

Section 16050 Section 16100 Section 16110 Section 16120 Section 16130 Section 16161 Section 16191 Section 16196 Section 16442 Section 16475 Section 16484 Section 16497 Section 16950

Materials and Equipment Product Substitutions Project Closeout

SITE WORK

Rock Removal Trenching Manholes Piped Utilities – Sanitary Sewers

CONCRETE

Cast-In-Place Concrete

METALS

Metal Fabrications Post-Installed Concrete and Masonry Anchors Gratings

EQUIPMENT

Field Mount Instruments

SPECIAL CONSTRUCTION

Piping, Valves and Specials

ELECTRICAL

Electrical-General Grounding Raceways Conductors Boxes Control Panels and Enclosures Electrical Supports Anchors and Fasteners Electrical System Identification Disconnect and Safety Switches Overcurrent Protection Devices Contactors & Motor Starting Equipment Transfer Switches Electrical Testing & Inspection

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NOTICE – SEEKING BIDS

BOROUGH OF CHAMBERSBURG

FRANKLIN COUNTY, PENNSYLVANIA

The BOROUGH of CHAMBERSBURG will receive sealed proposals online via PennBid for the CLARIFIER BLOWDOWN UPGRADES, in accordance with the Contract Documents. Sealed bids may be submitted and updated online via the PennBid Program until 10:00 AM on Tuesday, February 10, 2026. Bids will be opened via PennBid and will be made available shortly thereafter at the Borough Office at, 100 South Second Street, Chambersburg, PA 17201.

The work includes all material, labor, and equipment necessary to install approximately 500 linear feet of 8-inch diameter HDPE pipe in existing plant drain piping (consisting of 24”, 30” and 36” diameter), approximately 110 linear of buried 8-inch diameter PVC pipe, two (2) manholes with frame and cover, modifications to an existing drain manhole to add a frame and cover, and replacement of an existing buried gate valve. The work also includes demolition and modifications to two (2) clarifier valve pits for installation of new piping and valves, magnetic flow meters, electric valve actuators, platforms, ladder access, and electrical demolition and upgrades. The work also includes the demolition of an existing battery backup tower with associated conduit and conductor demolition in the existing operations room along with reconnection to an existing transformer. The work includes the Contractor contracting with the plant’s licensed and permitted hauler to cleanout the existing sedimentation lagoon. Work includes all lawn restoration as shown and required on Contract Documents prepared by GHD.

Bid Security in the amount of ten percent (10%) of the Bidder’s maximum bid price is required to accompany the Bid. A performance bond and payment bond, each in the amount of one hundred percent (100%) of the Contract Price shall be required from the Successful Bidder. An anti-collusion affidavit is required for this Bid. The Contract is subject to the Prevailing Minimum Wage Determination established by the Commonwealth of Pennsylvania, Department of Labor and Industry. The project is located in Green Township, Franklin County, Pennsylvania.

Bids shall be submitted only on the provided Bid Form included in the Bidding Documents. While Bidders may make comments to clarify their bid, Bidders cannot change, modify, delete, alter, amend or make additions to the wording to any of the Bidding Documents, including but not limited to the Agreement.

Unauthorized conditions, exceptions, limitations, or provisions attached to a Bid may be cause for rejection of the Bid. Any questions regarding the Bidding Documents shall be submitted as Requests for Interpretation and the Bidding Documents may only be modified by Addendum issued prior to the Bid opening date.

A MANDATORY Prebid meeting will be held Thursday, January 22, 2026 at 1:30pm at Borough of Chambersburg Water Treatment Plant located at 7659 Lincoln Way East, Fayetteville, PA 17222

The Town Council of the Borough of Chambersburg intends to award the Contract to the overall lowest, responsive, responsible bidder, as determined to be in the best interests of the Borough of Chambersburg. Further, the Borough Council reserves the right to reject any or all Bids; to waive any defects, errors, omissions, irregularities or informalities in a Bid or the Bid procedure; and to accept any Bid which it may deem to be for or in the best interest of the Borough of Chambersburg.

All documents and solicitation details are available at no cost at the PennBid website as of Tuesday, January 13, 2026 To access this solicitation, go to https://pennbid.bonfirehub.com/portal/Opportunities and click on “Bids” on the left-hand side of the website. Search the “Ref. #” column for “Borough of Chambersburg, Franklin County - GHD”. The title of the project is “CLARIFIER BLOWDOWN UPGRADES” and can be found in the “Project” column. A PennBid Representative can be reached at 610-693-4769.

https://pennbid.bonfirehub.com/portal/?tab=openOpportunities

Bidders can utilize the PennBid Program without any initial or recurring costs. A fee of 0.33% of the bid total, capped at $6,000, is assessed only to the bidder who is awarded the project.

The Borough of Chambersburg is an Equal Opportunity Employer. Minority and women owned businesses and those defined as SERB’s under State regulations are encouraged to submit proposals.

Lance Anderson, PE Director of Water and Wastewater Borough of Chambersburg

11224278 00100 - 1 INSTRUCTIONS TO BIDDERS

DOCUMENT 00100 – INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below, which are applicable to both the singular and plural thereof:

A. Bid – The offer of a Bidder setting forth the prices for the Work to be performed.

B. Bidder – An individual or entity that submits a Bid to Owner.

C. Issuing Office – The office from which the Bidding Documents are to be issued.

D. PennBid – A web-based electronic procurement program (https://pennbid.bonfirehub.com/portal/Opportunities).

E. Contractor – The successful bidder will be known as the Contractor. The successful bidder to whom a Contract is awarded will be required to comply with all applicable federal and state laws, rules, regulations, orders and approvals, and all applicable Borough of Chambersburg ordinances in addition to all relevant municipal authority rules and regulations.

F. Work – Clarifier Blowdown Upgrades as further defined in the Bidding and Contract Documents.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained online at www.PennBid.net at no fee.

The project is titled “Clarifier Blowdown Upgrades” under the solicitations list. All documents may be downloaded directly to the Bidder’s computer. Paper copies of the Bidding Documents may be obtained through PennBid for a fee. No paper copies will be available through the Owner or Engineer.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

2.04 All Contractors who submit a Bid for this project must obtain the Contract Documents online from PennBid. A Contractor is automatically added to the list of bidders after they download any document from PennBid.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid written evidence establishing its qualifications such as financial data, previous experience, and present commitments and other such data as required by Document 00451. All information required by Document 00451, excluding a financial statement for the most recent fiscal year, must be submitted with the Bid. Owner reserves the right to request submission for such financial

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statements from the three lowest responsible Bidders within five (5) calendar days after the Bid opening date. Each Bid must also include the following additional information:

A. Evidence of Bidder’s qualification to do business in the Commonwealth of Pennsylvania, or covenant to obtain such qualification prior to and as a condition of the award for the Contract.

B. Bidder’s state or other contractor license number, if applicable.

C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

D. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

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

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

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

3.06 No bid will be accepted from, nor will any contract be awarded to, any person, firm or corporation who is in arrears with Owner upon debt or contract, or who is in default as surety or otherwise, upon any obligation to Owner or whose work has heretofore proved unsatisfactory or dilatory.

3.07 Bidder certifies for itself and any anticipated subcontractors that neither are under suspension or debarment by the Commonwealth of Pennsylvania or any governmental entity, instrumentality, or authority and, if Bidder cannot so certify, it agrees to submit, along with its Bid, a written explanation of why such certification cannot be made. Bidder also certifies that as of the date of its Bid, it has no tax liabilities or other Commonwealth obligations, or has filed a timely administrative or judicial appeal if such liabilities or obligations exist, or is subject to a duly approved deferred payment plan if such liabilities exist.

3.08 Bidder certifies to the best of its knowledge and belief that within the last five years it has not:

A. Been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;

B. Been suspended, debarred, or otherwise disqualified from entering into any contract with any governmental agency;

C. Had any business license or professional license suspended or revoked;

D. Had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation, or anti-trust; and

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E. Been, and is not currently, the subject of a criminal investigation by any federal, state, or local prosecuting or investigative agency and/or civil anti-trust investigation by any federal, state, or local prosecuting or investigative agency.

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

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

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

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

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

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

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

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

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

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

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conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

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

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

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

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

E. Bidder shall be responsible for restoration of areas disturbed due to supplementary examinations, investigations, explorations, and test concerning existing aboveground and underground conditions at, or contiguous to the Site.

F. Bidder shall release, hold harmless, and indemnify Owner, its officers, elected officials, agents, representatives, and employees acting within the scope of their official duties from and against any and all damages, costs, claims, suits, demands and expenses (including but not limited to reasonable attorneys’ fees) to the extent caused by the negligent acts, errors, or omissions of Bidder, its employees, subcontractors, agents, servants, and/or anyone acting under Bidder’s control and/or Bidder’s direction, in relation to the Site visit. Bidder shall defend any lawsuit commenced against the Owner and shall pay any judgments and costs connected with such proceeding which are based upon the negligent acts or omissions of Bidder or its employees, agents, servants, and/or anyone acting under Bidder’s control and/or Bidder’s direction. If Bidder is successful in defending such a lawsuit, then the Owner will reimburse Bidder for its costs and expenses associated with such defense only to the extent that such liabilities arise from an action which can be properly brought against the Owner as an exception to governmental immunity in accordance with the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. § 8541 et. seq. and in accordance with such limits of liability set forth in the Act.

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4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

4.06 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

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

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

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

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

(2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

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

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construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

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

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

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

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

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE (NONE SCHEDULED)

6.01 A MANDATORY Pre-Bid meeting will be held Thursday, January 22, 2026 at 1:30pm at the Borough of Chambersburg Water Treatment Plant located at 7659 Lincoln Way East, Fayetteville, PA 17222.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

All questions about the meaning or intent of the:

7.01 Bidding Documents are to be submitted to Engineer in writing through PennBid by clicking on the “Questions” tab. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 All questions that have been asked and answered through PennBid are available on the “Questions” tab. The identity of the Bidder asking the question is not disclosed to other bidders.

7.03 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents prior to the submission deadline.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

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8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Intent to Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Intent to Award, Owner may consider Bidder to be in default, annul the Notice of Intent to Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or following the time for awarding contracts as provided for in 62 Pa.C.S. § 3911, whichever occurs first, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven (7) days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

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

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. When a specification includes the name or names of manufacturer(s), Bids shall be based on a product which: (1) meets all specification requirements; and (2) is produced by one of the manufacturers specifically names in the specifications for the project.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

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12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the Project.

If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Intent to Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. The individual submitting the electronic Bid must have the power and authority to enter the Bid on behalf of their company. In Pennsylvania, electronic signatures are legally binding. (PA Statute, Title 73, Chapter 41).

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary. A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.03 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and

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qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

1. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

2. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 15 – SUBMITTAL OF BID

15.01 The “Bid” tab on PennBid contains the electronic Bid form. A Bid price must be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein. The PennBid Program will automatically calculate the extended price.

15.02 A Bid shall be received no later than the date and time prescribed and in the manner indicated in the advertisement or invitation to bid and shall be accompanied by the Bid security and other required documents.

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

15.04 Contractors submitting online sealed Bids shall compete and submit the following documents electronically:

A. Bid (via PennBid).

B. Statement of Bidder’s Qualifications, Document 00451(exluding financial statement for the most recent fiscal year).

C. Non-Collusion Affidavit, Document 00320.

D. Steel Products Procurement Affidavit, Document 00330.

E. Public Works Employment Verification Form, Document 00340.

F. Attach an electronic file containing their required Bid Security, Document 00410. (See Instructions to Bidders, Document 00100, Article 8-Bid Security).

G. Evidence of authority to do business in the Commonwealth of Pennsylvania. (See Instructions to Bidders, Document 00100, Section 13.03.)

H. Answer questions in the Bid (under the “RFI” subtab of the “Bids” tab).

11224278 00100 - 10 INSTRUCTIONS TO BIDDERS

When uploading a Bid Security or other document, the maximum individual file size is 20 MB.

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

A. Original Bid Security (showing original seal and signature).

B. Statement of Bidder’s Qualifications, Document 00451 (exluding financial statement for the most recent fiscal year).

C. Non-Collusion Affidavit, Document 00320.

D. Steel Products Procurement Affidavit, Document 00330.

E. Public Works Employment Verification Form, Document 00340.

F. Finacial statement for the most recent fiscal year.

G. Any other document or information that the Owner may reasonably request in consideration of the bids.

15.06 Bidders are to submit their Bid by the date and time provided in PennBid and the Advertisement.

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

15.08 At no time before Bid Opening can anyone other than the preparer see an electronic Bid.

15.09 The Bidder acknowledges and understands that any information received by Owner may be subject to the Pennsylvania Right to Know Law(“RTKL”), 65 P.S. § 67.101, et seq. Owner will process any and all requests made pursuant to the RTKL, accordingly.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 The Bid can be withdrawn anytime up to Bid opening by clicking “Withdraw Bid”.

16.02 The Bid can be modified anytime up to Bid opening.

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

16.04 After Bid opening, Bidder may withdraw its Bid, without forfeiture of Bid security, if Bidder submits credible evidence that there is an error in its Bid and such error was a clerical mistake as opposed to a judgment mistake and was due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of the Work; provided: (1) notice of claim of the right to withdraw Bid is made in writing to the Borough within two business days after opening of Bids; and (2) the withdrawal of the Bid will not result in the awarding of the Contract on another Bid of the same Bidder, Bidder's partner, or a corporation or business venture owned by Bidder or in which Bidder has a substantial interest. A Bidder which is permitted to withdraw a Bid shall not supply any products or labor to, or perform any subcontract or other work for, any entity awarded

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a Contract or subcontract for performance of the Work for which the withdrawn Bid was submitted.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. Bids shall remain open for the time prescribed unless award is delayed by a required approval from a governmental agency, the sale of bonds or notes, or the award of a grant or grants, in which event the Bids shall remain open for a period of one hundred twenty (120) days from the date of Bid opening. The Owner will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty (30) day extensions of the date for the award may be made by the mutual written consent of the Owner and the apparent Successful Bidder.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all defects, errors, omissions, irregularities, or informalities in a Bid or the Bid procedure.

19.02 If Owner awards the contract for the Work, such award shall be to the lowest responsible Bidder, as determined by Owner.

19.03 Evaluation of Bids

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

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

C. The contract shall be awarded based on the Base Bid Total.

D. In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. The term “lowest responsible Bidder” as used herein shall mean the Bidder whose Bid is the lowest of those Bidders who possesses the skill, ability and integrity necessary to the faithful performance of the Work.

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19.04 Owner may conduct such investigations, in its sole and absolute discretion, as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

19.05 Owner may correct discrepancies in Bidder’s mathematical totals. 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. Discrepancies between words and figures will be resolved in favor of the words.

19.06 Successful Bidder and its subcontractors shall submit Employment Verification Forms, in accordance with the PA “Public Works Employment Verification Act” (Act 141 of 2022), prior to and as a condition of award of a contract.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

20.02 All bonds shall be in the form prescribed by the Bidding Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond.

If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of this Article 20, Contractor shall promptly notify the Owner and, within twenty (20) days after the event giving rise to such notification, provide another bond and surety

20.03 The Successful Bidder is required to complete an Internal Revenue Service Form W-9, Request for Taxpayer Identification Number and Certification, (the “W-9 Form”) providing the bidder's taxpayer identification number (TIN), address, and, if applicable, certification regarding backup withholding. When the apparent Successful Bidder delivers the signed Agreement to Owner, it must be accompanied by a completed W-9 Form. Owner may waive this provision in the event Owner is in possession of an accurate and up to date W-9 Form from the Successful Bidder.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Intent to Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

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ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from Pennsylvania state sales and use taxes on materials and equipment to be incorporated in the Work. (Said taxes shall not be included in the Bid. Refer to Paragraph 7.09 of the General Conditions for additional information.) Bidder is obligated to follow applicable tax provisions regarding procurement of materials and services used in performance of the Work.

The Borough’s tax exemption certificate shall be provided to the successful Bidder.

ARTICLE 23 – WAGE RATES

23.01 Minimum wage rates as determined by the Commonwealth of Pennsylvania, Department of Labor and Industry, Prevailing Wage Division shall apply to this project. It is the responsibility of the Bidder, before the bid opening, to request, if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this contract.

ARTICLE 24 – STEEL PRODUCTS PROCUREMENT

24.01 The successful Bidder agrees to comply with the provision of the Steel Products Procurement Act of March 3, 1978, as amended (73 P.S. § 1881 et seq.). Information regarding the Act’s requirements, including a list of exempt products, is available on the website of the Department of General Services at http://www.dgs.pa.gov/Business/Design-and-Construction/Steel-Products- Act-ExecmptionsPages/default.aspx.

This document is a MODIFIED version of EJCDC®C-200, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

11224278 00320-i NON-COLLUSION AFFIDAVIT

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Antibid-Rigging Act, 62 Pa.C.S.A. § 4501, et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

3. Bid-rigging, and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids, are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid.

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents and an Affidavit must be submitted separately on behalf of each party.

5. The term “complementary bid”, as used in the Affidavit, has the meaning commonly associated with that term in the bidding process and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or non-competitive bid and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit, in compliance with these instructions, will result in disqualification of the bid.

11224278 00320-1 NON-COLLUSION AFFIDAVIT

DOCUMENT 00320 - NON-COLLUSION AFFIDAVIT

County of

I state that I am of (Title) (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm and its owners, directors and officers. I am the person responsible in my firm for the price(s) and the amount(s) of this Bid.

I state that:

(1) The price(s) and amount(s) of this Bid have been arrived at independently and without consultation, communication or agreement with any other Contractor, Bidder or Potential Bidder.

(2) Neither the price(s) nor the amount(s) of this Bid, and neither the approximate price(s) nor approximate…