1-Final - Specs.pdf

Proposal From: _____________________________

S. O. No. 394-81

CONTRACT DOCUMENTS AND

TECHNICAL SPECIFICATIONS

FOR

CONTRACT NO. 26-D01

4237 THOMS RUN ROAD STRUCTURE

DEMOLITION (CD 51 3.11.4)

COLLIER TOWNSHIP

Prepared For

CHAR-WEST COUNCIL OF GOVERNMENTS

One Veterans Way, Suite 202 Carnegie, Pennsylvania 15106

JUNE 2026

Final Design Serial No. 20260792160 (03/20/2026)

COLLIER TOWNSHIP - CONTRACT NO. 26-D01

4237 THOMS RUN ROAD DEMO i TABLE OF CONTENTS (1/16)

TABLE OF CONTENTS

PAGE NO.

INVITATION FOR BIDS

INSTRUCTIONS TO BIDDERS B-1 - B-14

PROPOSAL ACKNOWLEDGEMENT C-1 - C-11

AGREEMENT AG-1 – AG-9

PERFORMANCE BOND PER-1 - PER-3

PAYMENT BOND PAY-1 - PAY-4

MAINTENANCE BOND MN-1 - MN-3

GENERAL CONDITIONS GC-1 - GC-35

SUPPLEMENTAL GENERAL CONDITIONS SGC-1 - SGC-4

Allegheny County Economic Development Forms Davis-Bacon Wage Rates

SECTION ONE – GENERAL REQUIREMENTS 1-1 - 1-7

SECTION TWO – TECHNICAL SPECIFICATIONS 2-1 - 2-6

APPENDICES:

APPENDIX A – SOIL EROSION AND SEDIMENTATION CONTROL

NARRATIVE

APPENDIX B – LOCATION MAP

APPENDIX C – PICTURES OF STRUCTURE AT 4237 THOMS RUN ROAD

APPENDIX D – PRE-DEMOLITION ASBESTOS SURVEY AS PREPARED BY

ALLEGHENY GLOBAL ENVIRONMENTAL, INC.

APPENDIX E – PaDEP CHAPTER 105 WATER OBSTRUCTION AND

ENCROACHMENT PERMIT

4237 THOMS RUN ROAD DEMO B-1 INSTRUCTIONS TO BIDDERS (1/2024)

INSTRUCTIONS TO BIDDERS

B.1 SCOPE OF WORK

B.1.1 Contract No. 26-D01 – 4237 Thoms Run Road Structure Demolition (CD 51 3.11.4) generally consists of the complete demolition and off-site disposal of the existing structure located at 4237 Thoms Run Road including asbestos removal, as required, and restoration in the Township of Collier.

B.2 EXAMINATION OF CONTRACT DOCUMENTS AND SITE CONDITIONS

B.2.1 The Bidder is required to visit and carefully examine the site of the project and in particular all physical conditions including evidence of subsurface utilities, soils, pavements, facilities, operations and features which may affect the Contractor's work, as well as the Contract Documents and all other matters pertinent to the proposed work.

B.2.2 All prospective Bidders are notified that neither the Engineer nor the Owner has performed an exhaustive review of the Owners records or the records of the local government agency (i.e., township, borough, etc.) to establish whether there is secondary information in the files that might suggest conditions to be encountered in excavation. This includes, but is not limited to, meeting minutes, developer submissions, engineering reports prepared pursuant to other projects of the Owner or others, maintenance logs/notes, etc. To the extent that said records are known by appropriate staff to exist and are in the possession of or available to the Owner, they will be made available to the Bidder for review; however, the Bidder must make written request to the Owner or local government agency retaining such documents and make arrangements to review same. Time is of the essence and it is the Bidder’s responsibility to make all such requests far enough in advance of the bid submission deadline to permit reasonable research. Failure of the Owner or local government agency to respond shall not obligate the Owner in any manner and shall not relieve the Bidder of his/her/their responsibility.

B.2.3 It shall be assumed that the Bidder has satisfied himself/herself as to the conditions to be encountered overhead, on the surface and underground, the character, quality and quantities of work to be done and materials to be furnished, and the requirements of the Contract and Specifications. It shall also be assumed that the Bidder has adequately determined the means, methods, techniques and sequences of construction including health and safety programs required to successfully undertake and complete the work required to construct the project complete. No allowance or concession will be made for lack of such understanding on the part of the Bidder.

B.2.4 The Bidder/Contractor affirmatively represents that he/she/they is aware and accepts that:

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a. no responsibility is assumed by the Owner for subsurface conditions;

b. any information concerning subsurface conditions provided by the Owner or Engineer was obtained for its own use in designing the project, and neither Engineer nor Owner guarantee the accuracy or relevance of such data;

c. the Bidder/Contractor is not entitled to rely on any data provided by the

Owner or Engineer regarding subsurface conditions, and that all of such information is excluded from the Contract;

d. the Contractor shall make its own independent investigations of the site and existing subsurface conditions;

e. all excavation on the project is to be completed on an unclassified basis;

and

f. the Contractor will be held responsible for carrying out and completing all excavation work regardless of the conditions encountered.

B.2.5 Engineer's Investigations: From such investigations and/or surveys as may have been made at the site(s), it is assumed that physical conditions, including existing underground and overhead structure locations, are approximate as indicated on the Drawings, but the nature and extent of the structures and/or conditions below the surface are not guaranteed. For this Contract, all existing subsurface utility information presented on the Contract Drawings is characterized as either Subsurface Utility Engineering (SUE) quality level C or quality level D as defined in ASCE Standard CI/ASCE 38-02 and referred to in the One Call Act. See Article XI(d) of the Agreement which is part of these Contract Documents. Upon investigation of the site of the work, should the Bidder determine that utility Quality Level A or B is required to complete the work Bidder shall arrange to obtain such information as it determines in its sole judgment is required. Individual structure underground electric, gas or water service lines and sanitary service laterals are not shown on the construction plans.

If the information presented in good faith on the drawings is used by a Bidder in preparing its Proposal, Bidder must independently verify the physical conditions, including existing underground and overhead structure locations and assumes all risks resulting from conditions differing from the approximations indicated.

Bidder is also solely responsible for confirmation and verification of subsurface conditions to the extent required to prepare, substantiate and submit bid prices.

B.2.6 Bidders Subsurface Investigations: Bidders are hereby advised that before drilling any holes or excavating any test pits for the purpose of identifying underground conditions, they must secure permission in writing to do such drilling or test pit excavation from authorized officials of the Owner, governmental bodies and agencies having jurisdiction, and in addition, from private property owners, as required.

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B.3 BID PROPOSAL

B.3.1 Bids are to be submitted using the online PennBid website. The completed BID WORKSHEET, proposal form, certifications, and the Bid Bond form (when a bid bond is used as proposal security) must be properly executed in ink without alterations and digitally submitted along with the completed AIA Document A305-2020 Contractor’s Qualification Statement described in Paragraph B.8.1. When a bid bond is used as proposal security the certificate as to corporate principal must also be completed and submitted with each proposal.

All Proposals submitted shall conform to the following sub-paragraphs of this B.3.

B.3.2 Bid Prices: Using the prescribed BID WORKSHEET, all bid prices shall be entered on the PennBid online submission for each item, with the amount extended if a unit price bid, and all amounts totaled. For unit price items, the "unit price" shall govern in the event of occurrence of a multiplication error in arriving at a total price for the item bid.

B.3.3 Partial Bid Prices: It is mandatory that Bidders submit prices for all items included in the BID WORKSHEET. Incomplete bids shall be rejected.

B.3.4 Lump Sum Prices: The lump sum price shall be based on the quantities described in the Specifications, BID WORKSHEET, Proposal Form and/or as shown on the Contract Drawings. Where adjustment is authorized by Owner as a result of field conditions, payment to the Contractor shall be adjusted on the basis of the actual quantities installed in accordance with the Contract provisions and/or Supplemental Unit Prices. Adjustment to the lump sum contract price will be in the form of change orders as specified in Article 38 of the General Conditions of the Contract. The Owner reserves the right to delete any lump sum bid item and any such deletion shall not be considered as sufficient ground for granting an increase in lump sum prices for remaining bid items.

B.3.5 Base Bids: The Owner reserves the right to reject all bids received.

B.3.6 Unit Prices: In unit price bids, the written extensions and the total are for informational purposes only. As stipulated in B.3.2., for unit price items, the "unit price" shall govern in the event of occurrence of a multiplication error in arriving at a total price for the item bid. The PennBid system will calculate the bid price using the estimated quantities and the unit price or lump sum price inserted by the bidder. and shall re-compute the total price for each item and the Total Contract Price Bid. The determination of the lowest bid will be based solely on the total results of computations of the estimated quantities for items of work specified and the respective unit/lump sum prices bid including any combination of alternates authorized by the Proposal.

B.3.7 Approximate Estimate of Quantities: The Bidder's attention is directed to the fact that in contracts based on unit prices, the estimate of quantities of work

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to be done and materials to be furnished under these Specifications, as shown on the BID WORKSHEET and in the Contract, is approximate and is given only for the benefit of the Owner to be used as a basis of calculation upon which to determine the lowest Bidder. Neither the Owner nor Engineer assumes any responsibility that the quantities indicated will be obtained in the construction of the Project, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities, or the character of the work or location, or other conditions pertaining thereto.

B.3.8 Owner's Changes: The Owner reserves the right to increase or diminish any or all of the Quantities of Work or to omit any of them as it may deem necessary; and any such increase or decrease of the quantities given for any of the items shall not be considered as sufficient ground for granting an increase in the unit price bid.

B.3.9 Requirements Affecting Bid: Bidders shall ascertain all governmental and utility requirements with respect to wage scales, trench and structure excavations, tunnel construction, blasting, equipment, materials, labor, health, safety and sanitation and traffic control; and shall base their bid prices on full compliance therewith. In the case where subsurface public or privately owned utility pipe lines, cables or structures exist within the construction area, Bidders shall ascertain from each utility owner its rules, regulations and requirements relative to support and protection of such. Bidders will be assumed to have included in their bids pertinent costs and expenses for the above including risks, loss and damage due to such rules, regulations and requirements.

B.3.10 Signatures: The Bidder shall sign his/her/their name, and give his/her/their business address in the spaces provided therefor. If the Proposal is made by a partnership, it shall be signed by all general partners and, in lieu thereof, by a general partner and accompanied by an appropriate authorization executed by all general partners of the partnership; if made by a corporation it shall be signed in the name of the corporation by the President or a Vice President, or by a duly authorized agent due proof of whose authority shall be attached, and shall have affixed the seal of the corporation attested by the Secretary or an Assistant Secretary.

B.3.11 Submitting of Bid: The completed BID WORKSHEET, executed Proposal, and executed Addenda (if any) and all other documents identified on the PennBid website as required for submission shall be submitted/uploaded using the PennBid website and instructions prior to the bid deadline for submission.

B.3.12 Bidder's Representations: Attention is called to the representations made by the Contractor in Article XI of the Agreement which is part of these Contract Documents.

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B.3.13 Bid Shall Not Qualify Specification: No Proposal shall be considered which is not based upon these drawings and specifications, or which contains any letter or written memorandum qualifying same, or which is not properly made out and signed in writing by the Bidder or an authorized agent of the Bidder.

B.4 BID SECURITY

B.4.1 Each Proposal shall be accompanied by a certified check or approved surety company's Bid Bond in the amount of not less than ten percent (10%) of the bid, which shall be payable to the Owner, as designated in the Advertisement, as payee or obligee, and the full amount of said check or bond shall be forfeited and payable as damages to the Owner if the Bidder fails to execute the Contract form(s) incorporated in these documents and furnish the specified bond or bonds to the Owner within ten (10) days after notification of award of the Contract to the Bidder. All Bidders desiring to secure their respective bids with bid bonds shall use the form appended to the Proposal, inserted herein immediately following the Proposal. Approved securities shall be “those companies holding certificates of authorization” as listed in the latest issue of the U.S. Department of Treasury, Circular 570.

B.4.2 In the event that the successful Bidder fails to execute the Contract awarded and furnish bond or bonds as specified, he/she/they shall further be responsible for the total loss sustained by the Owner.

B.5 INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

B.5.1 The Contract Documents, including but not limited to the Drawings and the Technical Specifications, depict and describe the general design intent of the character and scope of the work to be constructed, and the material and/or equipment to be installed therein. For sewer line and/or waterline projects except where specific coordinates or reference dimensions are shown, it shall be understood that the drawings show the general alignment of the mainline and the house services. The final constructed alignment and/or location of structures may be adjusted to suit field conditions encountered with prior approval of the Engineer. Individual services shown, including mainline wyes and site tees, are intended to indicate that service is to be provided and are not intended to show actual constructed location.

B.5.2 During the period allowed for preparation of bids, Bidders may be furnished addenda or bulletins for additions to or alterations of the Drawings or Specifications which shall be included in the work covered by the Proposal and become a part of the Contract Documents.

B.5.3 Written Requests: If a prospective Bidder is in doubt as to the true meaning of any part of the Drawings, Contract Documents or Technical Specifications, he/she/they may submit to the Engineer a written request for an interpretation thereof. The Bidder submitting the request will be responsible for

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its prompt delivery. Any interpretation of the Contract Documents will be made only by written addendum duly issued and a copy of such addendum will be provided via the PennBid system for download in PDF format to each prospective Bidder of record. Neither the Engineer nor the Owner will be responsible for any other explanation or interpretations of the proposed Contract.

Failure of any Bidder to receive any such Addenda or interpretation shall not relieve such Bidder from any obligation under his/her/their bid as submitted.

B.5.4 Addenda Acknowledgment: Each Bidder is required to download all addenda via the PennBid website. This serves as acknowledged receipt of all addenda as part of their bid submission. Failure to download/acknowledge receipt of all addenda will cause his/her/their bid to be rejected.

B.6 CONTRACTOR CERTIFICATION OF CONSTRUCTABILITY

B.6.1 Each Proposal shall include an executed Certification of the Contractor as follows:

a. Contractor acknowledges that: (1) the Engineer's obligations are to the

Owner and that, in performing such obligations, the Engineer may increase the burdens and expense of the Contractor, its Subcontractors or the surety of any of them; (2) the Contractor has an independent duty and responsibility to review the Contract Documents prepared by the Engineer as to Constructability (meaning the difficulty, cost and time to build the Project as designed); and, therefore (3) the Contractor represents, certifies and warrants to the Owner, the Engineer and the Engineer's Consultants that:

1. The Contractor has its own in-house engineers and/or staff expertise who have reviewed the Contract Documents for Constructability and has fully satisfied itself and its subcontractors that the Project can be built as designed and within the cost, budget and schedule submitted to the Owner by the Contractor, or

2. The Contractor has engaged independent Engineers and/or experts who have reviewed the Contract Documents for Constructability and has fully satisfied itself and its subcontractors that the Project can be built as designed and within the cost, budget and schedule submitted to the Owner by the Contractor, or

3. The Contractor has decided to forego any such review by any

Engineer or expert and has accepted the risk that the difficulty, cost and time required to complete the Project as designed may be greater than its bid or any submitted cost estimate, budget or schedule for the Project, and therefore;

4237 THOMS RUN ROAD DEMO B-7 INSTRUCTIONS TO BIDDERS (1/2024)

b. Contractor acknowledges that the Drawings and Specifications are intended only to depict and describe the intent of the completed Project.

Contractor represents that it is qualified to construct the Project as depicted in the Contract Documents and to determine its own means, methods, techniques, sequences and procedures. To the extent that means, methods, techniques, sequences and procedures are identified in the Contract Documents, Contractor is required to independently evaluate those means, methods, techniques, sequences and procedures for the purpose of determining whether the means, methods, techniques, sequences and procedures depicted or described in the Contract Documents are adequate to construct the Project. Contractor further represents that it has based its bid upon its own determination of the means, methods, techniques, sequences and procedures required to construct the Project.

c. Submission of a bid and/or Execution of the Contract by the Contractor is a representation that the Contractor has carefully reviewed and thoroughly examined and evaluated the Contract Documents to determine whether the Contractor needs clarification of the Contract Documents or additional interpretation of the intent of the Contract Documents to determine its bid and that it has requested any needed clarification prior to submitting its bid. Contractor represents that it has the knowledge, skill and expertise to perform the Work; that it understands that it must make reasonable inferences to determine portions of the Work not shown in the Contract Documents that would be required for a proper and complete project, and it has included all costs for such inferences in its bid; and, that Contractor is not relying on representations from the Contract Documents for the purpose of determining the means, methods, sequences or procedures of performing the Work.

d. The Contractor, on behalf of itself and all of its subcontractors and sub-subcontractors) will waive the right to make any claim against the Owner, the Engineer or any of the Engineer's Consultants for this Project (whether such claim is based on breach of contract, breach of warranty, misrepresentation, negligence or other tort or any other legal doctrine) for any alleged increased difficulty, cost or delay in completion of the Project due to any alleged misrepresentation, error or omission in the Contract Documents that was or should have been discovered in the constructability review, and

e. The Contractor agrees to indemnify and hold harmless the Owner, Engineer and all of the Engineer's Consultants from any and all claims brought by any subcontractor or anyone else working on the Project under the Contractors Agreement with the Owner for any and all attorneys fees and costs incurred by the Owner, the Engineer or any of the Engineer's Consultants in defending any Contractor or subcontractor claim for increased costs based on any alleged misrepresentation, error or omission

4237 THOMS RUN ROAD DEMO B-8 INSTRUCTIONS TO BIDDERS (1/2024)

in the Contract Documents, and that this indemnity includes any damages any of them are required to pay to such Contractor or subcontractor for alleged increased costs of construction or delay in completion of the Project), and

f. The Contractor acknowledges the right of any such Engineer or Engineer's

Consultant to bring suit directly against the Contractor to recover or enforce this indemnity obligation, and

g. The Contractor also certifies that it shall secure similar certifications from each of its Subcontractors for the Project waiving their rights to recover against the Owner or the Engineer or any of the Engineer's Consultants for increased costs of construction or delay in construction due to any alleged misrepresentation, error or omission in the Contract Documents. Should the Contractor fail to secure any such waiver, then that failure shall be deemed a material breach of this Contractor Certification and the measure of damages recoverable by the Owner, the Engineer or any of the Engineer's Consultants for this breach shall be all attorneys’ fees and costs expended in defending any such claim as well as any damages awarded against any of them because of such a claim.

B.7 TIME OF COMPLETION AND LIQUIDATED DAMAGES

B.7.1 If the Bidder is awarded a Contract, he/she/they shall commence work on a date to be specified in a written Notice to Proceed, and shall fully complete same within the stipulated time of completion. He shall also pay the Owner as liquidated damages, the sum of Five Hundred Dollars ($500.00) for each consecutive calendar day thereafter during which all Contract work is not completed, as hereinafter provided in the General Conditions.

B.8 BIDDER'S QUALIFICATIONS

B.8.1 As part of his/her/their bid submission, the Bidder shall furnish a fully completed and executed AIA Document A305-2020 Contractor’s Qualification Statement.

B.8.2 In addition to the foregoing, within seven (7) days after the opening of bids, the Bidder selected as the apparent low Bidder shall furnish to the Engineer in duplicate, in accordance with Paragraph B.3.10, the following sworn statements:

a. Experience Statement: A sworn statement listing the Bidder's experience in performing work of the character for which his/her/their bid is submitted. The experience statement shall be submitted on the “Consolidated Experience Statement” attached hereto which includes Owner, description of the work, dates of work, contract time of completion, actual time of completion, bid amounts, change order amounts

4237 THOMS RUN ROAD DEMO B-9 INSTRUCTIONS TO BIDDERS (1/2024)

and disputes. Bidder shall supply references by including name of owner and owner's engineer or authorized representatives and telephone number for each project listed.

b. List of Proposed Subcontractors: The Bidder shall submit a listing of all subcontractors (excluding equipment manufacturers) he/she/they proposes to award more than ten percent (10%) of the work. This listing shall identify the work to be subcontracted and the percentage of the total work to be awarded to the subcontractor. The Bidder shall also provide the sworn, experience and as noted in a. and b. of this Paragraph B.8.2.

B.8.3 In addition to the foregoing, within seven (7) days after the opening of bids, the Bidder selected as the apparent low Bidder shall furnish to the Owner’s Legal Counsel in duplicate, in accordance with Paragraph B.3.10, the following:

a. Financial Statement: A sworn financial statement showing his/her/their assets and liabilities as of a date not more than ninety (90) days prior to the date of submission, and

b. A copy of the Bidder’s most recent auditor's report.

B.8.4 The Owner may make such investigations as he/she/they deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified and capable to carry out the obligations of the Contract and to complete the work contemplated therein within the Time of Completion.

B.9 EXECUTION OF DOCUMENTS

B.9.1 The successful Bidders will be required to execute the Contract and bonds in no less than five (5) counterparts in accordance with requirements of Paragraph B.3.10.

B.10 COLLUSIVE AGREEMENTS

B.10.1 Each Bidder submitting a Proposal to the Owner for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided (Proposal Form), to the effect that he/she/they has not colluded with any other person, firm, or corporation in regard to any Proposal submitted.

B.10.2 Before executing any subcontract the successful Bidder shall submit the name of any proposed subcontractor for prior approval and an affidavit substantially in the form provided herein.

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B.11 TIME FOR RECEIVING PROPOSALS

B.11.1 Proposals received prior to the advertised hour of opening will be securely kept, sealed on the PennBid website. The officer whose duty it is to open them will decide when the specified time has arrived, and no Proposal received thereafter will be accepted by the PennBid website for consideration.

B.12 OPENING OF PROPOSALS

B.12.1 At the time and place fixed for the opening of Bids, the Owner will cause to be opened using the PennBid bid letting process and publicly read aloud every Proposal received within the time set for receiving Proposals, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative.

B.13 WITHDRAWAL OF PROPOSALS

B.13.1 All Bidders specifically waive any right to withdraw a Proposal after it has been submitted to the Owner, except as provided in the following:

a. Prior to Date and Time for Opening Proposals: A Bidder may withdraw using the PennBid website.

b. On and After Date and Time for Opening Proposals: No Proposal may be withdrawn at the date and time for the opening of Proposals nor for a minimum period of ninety (90) days (one hundred twenty (120) days when stipulated in the Advertisement) thereafter. The bid of the lowest responsible Bidder may not be withdrawn during the period within which the Owner may award the Contract to such lowest Bidder as provided herein.

B.14 PROPOSAL REJECTION

B.14.1 The unqualified right is reserved by the Owner, at its option, to waive any informalities, irregularities, defects, errors or omissions in any or all Proposals and to reject any or all Proposals as may be deemed to be in the best interest of the Owner. Proposals which contain omissions, erasures, alterations, additions not called for, conditional bids or irregularities of any kind, or Proposals otherwise regular which are not accompanied by Proposal Security, may be rejected as informal. Proposals in which the bid prices are obviously unbalanced may be rejected.

B.15 LAWS AND REGULATIONS

B.15.1 The Bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the

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Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.

B.16 AWARD OF CONTRACT

B.16.1 Award of the contract, if made, will be to the low, responsive, responsible Bidder who complies with the requirements and conditions herein.

B.16.2 For Projects bid with Add or Deductive Alternates the Owner reserves the sole and exclusive right to determine low bidder based on any combination of the Base Bid plus or minus any, all, or none of the Add/Deductive Alternates.

B.16.3 Award of the contract does not constitute Notice to Proceed. Notice to Proceed when issued by the Owner requires, receipt by the Owner from the Contractor of proper Agreement, Bonds, Insurance and other documents required to comprise a complete contract package, and is subject to finalizing any required financial closings including but not limited to Loan Closing and/or Bond issuance.

The Contract time begins upon, and the time for completion is measured from, the issuance of the Notice to Proceed.

B.17 EXECUTION OF AGREEMENT -- PERFORMANCE AND PAYMENT BOND

B.17.1 Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Owner an Agreement in the form included in the Contract Documents in such number of copies as the Owner may require.

B.17.2 Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall, within the period specified in paragraph B.17.1 above, furnish a surety bond in a penal sum not less than the amount of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. Such bond shall be in the form as that included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond. This bond shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Department of Treasury, Circular 570 and the penal sum shall be within the maximum specified for such company in said Circular 570.

B.17.3 The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant, based upon reasons determined sufficient by the Owner, the Owner may either award the Contract to the next lowest responsible Bidder or readvertise for bids, and may charge against the defaulting Bidder the difference between the

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amount of the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus determined exceeds the amount of the Bid Bond. If a more favorable bid is received by readvertising, the defaulting Bidder shall have no claim against the Owner for a refund.

B.18 WAGES AND SALARIES

B.18.1 Attention of Bidders is particularly directed to the requirement concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees.

B.19 PENNSYLVANIA PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

REQUIREMENTS

B.19.1 Attention of the Bidders is particularly directed to the requirement to comply with the Pennsylvania Public Works Employment Verification Act (July 2012). Award of this contract requires proper execution and submission of a completed Commonwealth of Pennsylvania proscribed Public Works Employment Verification Form by the Contractor. The form is available online at www.dgs.state.pa.us (sample appended). The Form may not be modified.

B.19.2 The requirement to comply with the Act as well as to complete the Form extends to all subcontractors.

B.19.3 Bidders are also notified that the Payment Request forms to be used on this contract contain a check box for the contractor to certify that they are in compliance with the Act. No payments will be processed if the box certifying compliance is not checked.

B.20 UNITED STATES PRODUCED STEEL REQUIREMENTS

B.20.1 This Contract is subject to the provisions of the Pennsylvania "Steel Products Procurement Act, Act No. 1978-3" (73 P.S. 1881 et seq. as amended).

Accordingly, only "steel products" as defined in Section 6 of the Steel Products Act shall be used or supplied in the performance of this Contract or subcontracts.

B.20.2 The Contractor shall provide certifications to the Owner with each shipment of steel products delivered to the project site that such steel products comply with this Act. Certifications shall be on Pennsylvania DGS Forms ST-1, ST-2, ST-3, or ST-4, as appropriate.

B.21 PRICE INCREASES

B.21.1 In submitting this bid the Contractor understands and agrees that price increases associated with oil prices used in work items and fuel for transportation

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of work items shall not affect the Unit Price bid and no request for fuel adjustments or asphalt index shall be requested by the Contractor nor will they be considered by the Owner.

B.22 UNCLASSIFIED EXCAVATION

B.22.1 All excavation work of the Contract shall be performed on an "unclassified" basis.

B.22.2 Unclassified excavation shall mean the removal and disposal of material of any kind, including removal of any rock regardless of type or hardness, boulders, stumps, trees, tree roots, muck, shale, masonry, concrete, curbing, paving or any other natural or manmade materials. No extra payment shall be made for any excavated materials regardless of type.

B.23 RESPONSIBLE EMPLOYEE/COMPETENT PERSON

B.23.1 Under this Contract, the Contractor shall provide a full time, on-site responsible employee/competent person to remedy emergency situations stemming from the construction activity. This employee shall also be designated the "competent person" regarding trench excavation safety as defined by the Occupational, Safety and Health Administration (OSHA). Failure to provide for or to place said competent person on the project shall not operate to absolve the Contractor of his/her/their responsibilities.

B.24 PROHIBITION OF DISCRIMINATION

B.24.1 In the hiring of employees for the performance of work under the Contract or any subcontract, no contractor, subcontractor or any other person acting on behalf of the contractor or subcontractor shall by reason of gender, race, creed, or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

B.24.2 No contractor or subcontractor or any person on their behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under the Contractor on account of gender, race, creed, or color.

B.24.3 The Contract may be canceled or terminated by Owner, and all money due or to become due under the Contract may be forfeited for a violation of the terms or conditions of this portion of the Contract.

4237 THOMS RUN ROAD DEMO B-14 INSTRUCTIONS TO BIDDERS (1/2024)

B.25 "OR EQUAL" CLAUSE

B.25.1 Whenever a material, item of equipment, or article required for the project is specified or shown on the plans by using the name of the proprietary product or a particular manufacturer or vendor, any material, item of equipment, or article which will perform adequately the duties imposed by the design will be considered equal and satisfactory, providing the material or article so proposed is of equal substance and function in the opinion of the Engineer upon submission and approval of required documentation.

B.26 PERMITS AND PERMIT SPECIAL CONDITIONS

B.26.1 The Contract constitutes part of a Project being undertaken by the OWNER that involves a number of Regulatory Agencies and necessitated acquisition of Permits Issued by such agencies. Certain Permits have been obtained or are in the process of being obtained. All such permits contain language that specifically addresses the Work of the Contractor under this contract. Copies of the permits, and the permit conditions are included in the Appendix E. The appendices also contain Permit transfer and/or compliance reporting forms that are to be completed and executed by the Contractor and returned to the OWNER for further processing. To the extent that the permits address work to be performed under this contract, such work is considered a subsidiary obligation of the contract. Fully comply with the requirements of all permits issued for the project.

END OF SECTION

Document A305™ – 2020 Contractor's Qualification Statement

AIA Document A305™ – 2020. Copyright © 1964, 1969, 1979, 1986, and 2020 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:46:44 ET on 01/11/2021 under Order No.5890157977 which expires on 11/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1282952529)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

THE PARTIES SHOULD EXECUTE A SEPARATE CONFIDENTIALITY AGREEMENT IF THEY

INTEND FOR ANY OF THE INFORMATION IN THIS A305-2020 TO BE HELD CONFIDENTIAL.

SUBMITTED BY: SUBMITTED TO:

(Organization name and address.) (Organization name and address.)

TYPE OF WORK TYPICALLY PERFORMED

(Indicate the type of work your organization typically performs, such as general contracting, construction manager as constructor services, HVAC contracting, electrical contracting, plumbing contracting, or other.)

THIS CONTRACTOR’S QUALIFICATION STATEMENT INCLUDES THE FOLLOWING:

(Check all that apply.)

[ ] Exhibit A – General Information [ ] Exhibit B – Financial and Performance Information [ ] Exhibit C – Project-Specific Information [ ] Exhibit D – Past Project Experience [ ] Exhibit E – Past Project Experience (Continued)

CONTRACTOR CERTIFICATION

The undersigned certifies under oath that the information provided in this Contractor’s Qualification Statement is true and sufficiently complete so as not to be misleading.

Organization’s Authorized Representative Signature

Date

Printed Name and Title

NOTARY

State of:

County of:

Signed and sworn to before me this day of

Notary Signature

My commission expires:

Document A305™ – 2020 Exhibit A General Information

AIA Document A305™ – 2020 Exhibit A. Copyright © 2020 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:58 ET on 01/11/2021 under Order No.5890157977 which expires on 11/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (2050316085)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This Exhibit is part of the Contractor’s Qualification Statement, submitted by and dated the day of in the year (In words, indicate day, month and year.)

§ A.1 ORGANIZATION

§ A.1.1 Name and Location § A.1.1.1 Identify the full legal name of your organization.

§ A.1.1.2 List all other names under which your organization currently does business and, for each name, identify jurisdictions in which it is registered to do business under that trade name.

§ A.1.1.3 List all prior names under which your organization has operated and, for each name, indicate the date range and jurisdiction in which it was used.

§ A.1.1.4 Identify the address of your organization’s principal place of business and list all office locations out of which your organization conducts business. If your organization has multiple offices, you may attach an exhibit or refer to a website.

§ A.1.2 Legal Status § A.1.2.1 Identify the legal status under which your organization does business, such as sole proprietorship, partnership, corporation, limited liability corporation, joint venture, or other.

.1 If your organization is a corporation, identify the state in which it is incorporated, the date of incorporation, and its four highest-ranking corporate officers and their titles, as applicable.

.2 If your organization is a partnership, identify its partners and its date of organization.

.3 If your organization is individually owned, identify its owner and date of organization.

AIA Document A305™ – 2020 Exhibit A. Copyright © 2020 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:58 ET on 01/11/2021 under Order No.5890157977 which expires on 11/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (2050316085)

.4 If the form of your organization is other than those listed above, describe it and identify its individual leaders:

§ A.1.2.2 Does your organization own, in whole or in part, any other construction-related businesses? If so, identify and describe those businesses and specify percentage of ownership.

§ A.1.3 Other Information § A.1.3.1 How many years has your organization been in business?

§ A.1.3.2 How many full-time employees work for your organization?

§ A.1.3.3 List your North American Industry Classification System (NAICS) codes and titles. Specify which is your primary NAICS code.

§ A.1.3.4 Indicate whether your organization is certified as a governmentally recognized special business class, such as a minority business enterprise, woman business enterprise, service disabled veteran owned small business, woman owned small business, small business in a HUBZone, or a small disadvantaged business in the 8(a) Business Development Program. For each, identify the certifying authority and indicate jurisdictions to which such certification applies.

§ A.2 EXPERIENCE

§ A.2.1 Complete Exhibit D to describe up to four projects, either completed or in progress, that are representative of your organization’s experience and capabilities.

§ A.2.2 State your organization’s total dollar value of work currently under contract.

§ A.2.3 Of the amount stated in Section A.2.2, state the dollar value of work that remains to be completed:

§ A.2.4 State your organization’s average annual dollar value of construction work performed during the last five years.

§ A.3 CAPABILITIES

§ A.3.1 List the categories of work that your organization typically self-performs.

§ A.3.2 Identify qualities, accreditations, services, skills, or personnel that you believe differentiate your organization from others.

AIA Document A305™ – 2020 Exhibit A. Copyright © 2020 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:58 ET on 01/11/2021 under Order No.5890157977 which expires on 11/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (2050316085)

§ A.3.3 Does your organization provide design collaboration or pre-construction services? If so, describe those services.

§ A.3.4 Does your organization use building information modeling (BIM)? If so, describe how your organization uses BIM and identify BIM software that your organization regularly uses.

§ A.3.5 Does your organization use a project management information system? If so, identify that system.

§ A.4 REFERENCES

§ A.4.1 Identify three client references:

(Insert name, organization, and contact information)

§ A.4.2 Identify three architect references:

§ A.4.3 Identify one bank reference:

§ A.4.4 Identify three subcontractor or other trade references:

Document A305™ – 2020 Exhibit B Financial and Performance Information

AIA Document A305™ – 2020 Exhibit B. Copyright © 2020 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:45:23 ET on 01/11/2021 under Order No.5890157977 which expires on 11/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1464752761)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This Exhibit is part of the Contractor’s Qualification Statement, submitted by and dated the day of in the year (In words, indicate day, month and year.)

§ B.1 FINANCIAL

§ B.1.1 Federal tax identification number:

§ B.1.2 Attach financial statements for the last three years prepared in accordance with Generally Accepted Accounting Principles, including your organization’s latest balance sheet and income statement. Also, indicate the name and contact information of the firm that prepared each financial statement.

§ B.1.3 Has your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management, been the subject of any bankruptcy proceeding within the last ten years?

§ B.1.4 Identify your organization’s preferred credit rating agency and identification information.

(Identify rating agency, such as Dun and Bradstreet or Equifax, and insert your organization’s identification number or other method of searching your organization’s credit rating with such agency.)

§ B.2 DISPUTES AND DISCIPLINARY ACTIONS

§ B.2.1 Are there any pending or outstanding judgments, arbitration proceedings, bond claims, or lawsuits against your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management, or any of the individuals listed in Exhibit A, Section 1.2, in which the amount in dispute is more than $75,000?

(If the answer is yes, provide an explanation.)

§ B.2.2 In the last five years has your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management:

(If the answer to any of the questions below is yes, provide an explanation.)

.1 failed to complete work awarded to it?

.2 been terminated for any reason except for an owners’ convenience?

AIA Document A305™ – 2020 Exhibit B. Copyright © 2020 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.