1-HertzogAve ProjectManual.pdf

PROJECT MANUAL

FOR

HERTZOG AVENUE

RECONSTRUCTION PROJECT

BOROUGH OF FOUNTAIN HILL

LEHIGH COUNTY, PENNSYLVANIA

APRIL 16, 2026

Prepared for:

Borough of Fountain Hill 941 Long Street

Fountain Hill, PA 18015-2660

Prepared by:

252 Brodhead Road Suite 100 Bethlehem, PA 18017-8944

Phone: 610.691.5644 Fax: 610.691.6968 HanoverEng.com

Hanover Project FH25-19(A)

Hertzog Avenue Reconstruction Project Borough of Fountain Hill Project FH25-19(A)

Hanover Engineering Associates, Inc. 00 01 10 - 1 Table of Contents

DOCUMENT 00 01 10

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

DOCUMENT TITLE

00 00 01 Title Page

00 01 10 Table of Contents

00 01 15 List of Drawings

BIDDING REQUIREMENTS

DOCUMENT TITLE

00 11 13 Advertisement for Bids

00 21 13 Instructions to Bidders

00 21 14 County of Lehigh - Letter to Bidders $25k to $300k

00 21 15 Minority/Women/Business Enterprises Bidder Instructions

00 21 16 Minority/Women/Business Enterprises Database Search

00 41 00 Bid Form

00 43 13 Bid Bond

00 45 13 Statement of Bidder's Qualifications

00 45 19 Non-Collusion Affidavit

00 45 33 Certification of Non-Segregated Facilities

00 45 36 Nondiscrimination/Sexual Harassment Clause

CONTRACT FORMS AND CONDITIONS OF THE CONTRACT DOCUMENTS

DOCUMENT TITLE

00 51 00 Notice of Award

00 52 15 Agreement

00 53 00 Stipulation Against Liens

00 61 14 Performance Bond

00 61 15 Payment Bond

00 61 50 Maintenance Bond

00 62 17 Worker’s Compensation Affidavit

00 62 18 CDL Program – Statement of Compliance

00 62 21 Public Works Employment Verification Form

Associates, Inc. 00 01 10 - 2 Table of Contents

00 62 43 Non-Collusion Affidavit of Subcontractors

00 62 74 PennDOT Materials Certificate of Compliance

00 62 76 Application for Payment

00 65 20 Consent of Surety to Final Payment

00 72 15 General Conditions – EJCDC C-700, 2013

00 73 14 Supplementary Conditions

00 73 44 Davis-Bacon Wages

00 73 45 US Department of Labor Payroll Form OMB No. 1235-0008 (Rev 01/2025)

00 73 46 Federal Labor Standard Provisions HUD-4010

SPECIFICATIONS

SECTION TITLE

01 10 00 Summary of Work

01 20 00 Price and Payment Procedures

01 22 00 Payment Items

01 30 00 Administrative Requirements

01 33 00 Submittals

01 40 00 Quality Requirements

01 50 00 Temporary Facilities

01 55 26 Traffic Control

01 57 13 Erosion and Sediment Control

01 60 00 Product Requirements

01 70 00 Execution and Closeout Requirements

03 10 00 Concrete Forms and Accessories

03 20 00 Concrete Reinforcing

03 30 00 Cast-in-Place Concrete

31 05 13 Soils for Earthwork

31 05 16 Aggregates for Earthwork

31 23 18 Rock Removal

31 23 33 Trenching

32 12 16 Asphalt Paving

32 16 00 Curbs, Gutters, Sidewalks, and Driveways

32 91 19 Landscape Grading

Associates, Inc. 00 01 10 - 3 Table of Contents

32 92 19 Seeding and Soil Supplements

APPENDIX

1. Fountain Hill Borough – Standard Specifications for the Construction of Curb and Sidewalk

END OF DOCUMENT

Associates, Inc. 00 01 15 - 1 List of Drawings

DOCUMENT 00 01 15

LIST OF DRAWINGS

DRAWING

NUMBER TITLE

1. Hertzog Avenue Reconstruction Project, Sheets 1 through 4 of 4, dated April 16, 2026.

Associates, Inc. 00 11 13 - 1 Advertisement for Bids

DOCUMENT 00 11 13

ADVERTISEMENT FOR BIDS

Bid Form and electronic copy of Bid Security for the Hertzog Avenue Reconstruction Project will be received online via the PennBid Program until 1:00 p.m. prevailing time on Tuesday, May 19, 2026. Proposals will be publicly opened on PennBid at 3:00 p.m. the same day.

Final questions are due no later than 4:00 p.m. on Wednesday, May 13, 2026.

The project consists of approximately 2,960 square yards of street reconstruction, 1,770 feet of curb replacement, 5,975 square yards of sidewalk and curb ramp replacement, installing erosion and sediment control facilities, and other miscellaneous improvements on Hertzog Avenue from Broadway to Moravia Street in the Borough of Fountain Hill.

All Bid Documents and details are available at no cost online at https://pennbid.bonfirehub.com.

Each proposal shall be accompanied by a Bid Bond in the required form, certified check, bank cashier’s check, or other security acceptable to the Owner in the amount of 10% of the total Base Bid. Bids will be effective for 60 calendar days from the Bid opening date except as permitted by law, and may not be withdrawn during this period.

This project is funded partially through a Community Development Block Grant (CDBG). The low-bid Contractor must seek Minority and Women Business Enterprise (MBE/WBE) Firm participation in obtaining subcontractors for construction work, equipment, service, and supplies in accordance with goals and objectives of Executive Orders 11625 and 12138. The project is subject to minimum wage rates in accordance with the Davis-Bacon Act. Specific requirements for bidding are described in the Bidding Documents.

The project is subject to the provisions of the Public Works Employment Verification Act, and Non-Discrimination and Equal Employment Opportunity regulations.

The Borough of Fountain Hill reserves the right at its option to waive any informalities, irregularities, defects, errors or omissions in any or all of Bids, and to accept or reject any or all parts of the Bids which in its judgment is in the best interest of the Borough.

https://pennbid.bonfirehub.com/

Associates, Inc. 00 21 13 - 1 Instructions to Bidders

DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page Number

Article 1. DEFINED TERMS 2

Article 2. COPIES OF BIDDING DOCUMENTS 2

Article 3. QUALIFICATIONS OF BIDDERS 2

Article 4. EXAMINATION OF CONTRACT DOCUMENTS, OTHER RELATED DATA AND SITE 3

Article 5. PRE-BID CONFERENCE 5

Article 6 SITE AND OTHER AREAS 6

Article 7. INTERPRETATIONS AND ADDENDA 6

Article 8. BID SECURITY 6

Article 9. CONTRACT TIME 7

Article 10. LIQUIDATED DAMAGES 7

Article 11. SUBSTITUTE OR AND "OR-EQUIVALENT" ITEMS 7

Article 12. SUBCONTRACTORS, SUPPLIERS AND OTHERS 7

Article 13. BID FORM 7

Article 14. BASIS OF BID; EVALUATION OF BIDS 8

Article 15. SUBMITTAL OF BIDS 8

Article 16. MODIFICATION AND WITHDRAWAL OF BIDS 9

Article 17. OPENING OF BIDS 9

Article 18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE 9

Article 19. AWARD OF CONTRACT 9

Article 20. CONTRACT SECURITY AND INSURANCE 10

Article 21. SIGNING OF AGREEMENT 10

Article 22. SALES AND USE TAX 10

Article 23. RETAINAGE 10

Article 24. NON-COLLUSION 10

Article 25. EMPLOYMENT VERIFICATION ACT 11

Article 26. FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

REQUIREMENTS 11

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INSTRUCTIONS TO BIDDERS

Article 1. DEFINED TERMS

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

A. "Bidder" - The individual or entity who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a Bid to a Bidder.

B. "Issuing Office" - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. "Successful Bidder" - the lowest, qualified, responsible and responsive Bidder to whom OWNER, on the basis of OWNER'S evaluation as hereinafter provided, makes an award.

D. "Bidding Documents" - includes the Advertisement for Bids, Instructions to Bidders, the Bid Form, and the proposed Contract Documents, including all Addenda issued prior to receipt of Bids.

E. PennBid Program - Online Electronic Procurement program (www.PennBid.net) containing all Bidding Documents and where sealed bids and proposals must be submitted. Bidding Documents to be available on Friday, March 6, 2020.

Article 2. COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents are available on the Documents tab within PennBid.

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 OWNER and ENGINEER in making Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

Article 3. QUALIFICATIONS OF BIDDERS

3.01 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five days after Bid opening upon OWNER'S request, all that information as OWNER requires in determining the successful Bidder. Consideration will be given to, but will not be limited to, the following conditions.

Whether the Bidder:

1. Maintains a permanent place of business;

2. Has adequate equipment to do the Work properly and expeditiously;

http://www.pennbid.net/

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3. Has suitable financial status to meet obligations incident to the Work;

4. Has had experience on projects of similar character and magnitude;

5. Has qualification to do business in the state where the project is located; and,

6. Is PennDOT pre-qualified if required in the Advertisement for Bids.

3.02 The OWNER may require the Bidder to furnish written evidence of the foregoing.

3.03 No Bid will be accepted from anyone who is in arrears to the OWNER upon debt or contract, or who is a defaulter on surety or otherwise upon any obligations, or whose work heretofore has been unsatisfactory or dilatory, or currently under suspension or debarment by the Commonwealth, any other State, or the federal government.

Article 4. EXAMINATION OF CONTRACT DOCUMENTS, OTHER RELATED DATA

AND SITE

4.01 Subsurface and Physical Conditions

The Supplementary Conditions identify:

Those reports of explorations and tests of subsurface conditions at or contiguous to the site that the ENGINEER has used in preparing the Bidding Documents.

Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the site (except underground facilities) that the ENGINEER has used in preparing the Bidding Documents.

Copies of reports and drawings referenced in paragraph 4.01 will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 5.03 of the General Conditions has been identified and established in paragraph 5.03 of 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 on such drawings.

4.02 Underground Facilities

Information and data shown or indicated in the Bidding Documents with respect to existing underground facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such underground facilities, including OWNER or others.

4.03 Hazardous Environmental Conditions

The Supplementary Conditions identify those reports and drawings relating to a hazardous environmental condition identified at the site, if any, that ENGINEER has used in preparing the Bidding Documents.

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Copies of reports and drawings referenced in paragraph 5.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 5.06 of the General Conditions has been identified and established in paragraph 5.06 of 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 on such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and underground facilities, and possible changes in the Bidding Documents due to differing or unanticipated 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 an hazardous environmental condition at the site, if any, and possible changes in the Contract Documents due to any hazardous environmental conditions 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.

4.05 On request, OWNER will provide Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.06 Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination prior to or copies of Contract Documents (other than portions thereof related to price) for such other work.

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

A. To thoroughly examine the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below);

B. To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

To become familiar with and satisfy Bidder as to all federal, state and local laws and regulations that may affect cost, progress or performance of the Work.

Carefully study all reports of exploration and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in paragraph 5.03 of the General Conditions, and carefully study all reports and drawings of a hazardous environmental condition, if any, at the site which have been identified in the Supplementary Conditions as provided in paragraph 5.06 of the General Conditions.

Associates, Inc. 00 21 13 - 5 Instructions to Bidders

Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the site, which may affect cost, progress or performance of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs thereof.

Agree at the time of submitting its Bid that 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 and in accordance with the other terms and conditions of the Bidding Documents.

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.

Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

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.

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

4.08 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 Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by the ENGINEER is acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

4.09 The provisions of paragraphs 4.01 through 4.08 do not apply to asbestos, polychlorinated biphenyls (PCBs), petroleum, hazardous waste or radioactive material covered by paragraph 5.06 of the General Conditions.

Article 5. PRE-BID CONFERENCE

5.01 A pre-bid conference, if stated in the Advertisement for Bids, will be held at the date and time noted in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the project. Bidders are required to attend and participate in any such conference. ENGINEER will transmit all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Bids submitted by Bidders not attending any such conference may be rejected at OWNER'S discretion.

Associates, Inc. 00 21 13 - 6 Instructions to Bidders

Article 6 SITE AND OTHER AREAS

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

Article 7. INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Contract Documents are to be submitted in writing via PennBid’s Questions tab. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda, electronically posted within PennBid’s Documents tab, and all parties recorded as having received the Bidding Documents will be notified via email. Questions must be submitted by the Question cutoff date and time as indicated in PennBid’s Questions tab. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER.

Article 8. BID SECURITY

8.01 Each Bid must be accompanied by Bid Security made payable to OWNER in an amount of 10% of the Bidder's maximum Bid price, unless otherwise modified in the Advertisement for Bids, and in the form of a certified or bank check or a Bid Bond issued by a surety company meeting the requirements of paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within 15 calendar days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom the OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of Agreement or the sixtieth day after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned provided, however, that if the award of the Contract is delayed by required approval of another governmental agency, the sale of bonds, or the award of a grant, the OWNER may retain Bid securities until 120 days after the date of Bid opening.

8.03 Bid Security with Bids which are not competitive will be returned within seven calendar days after the Bid opening.

8.04 Bid securities that are forfeited will be paid to the OWNER as liquidated damages.

Associates, Inc. 00 21 13 - 7 Instructions to Bidders

Article 9. CONTRACT TIME

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

Article 10. LIQUIDATED DAMAGES

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

Article 11. SUBSTITUTE OR AND "OR-EQUIVALENT" ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or approved equivalent" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or approved equivalent" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the effective date of the Agreement.

The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in paragraphs 7.04 and 7.05 of the General Conditions and may be supplemented in the General Requirements.

Article 12. SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals or entities to be submitted to OWNER in advance of specified date prior to the effective date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such subcontractors, suppliers, individuals or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualifications for each such subcontractor, supplier, individual or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual or entity, OWNER may, before Notice of Award is given request apparent successful Bidder to submit a substitute.

12.02 If successful Bidder declines to make any substitutions, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals or entities. Declining to make requested substitutions will not 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 subject to revocation of such acceptance after the effective date of the Agreement as provided in paragraph 7.06 of the General Conditions.

12.03 CONTRACTOR shall not be required to employ any subcontractor, supplier, individual or entity against whom the CONTRACTOR has reasonable objection.

Article 13. BID FORM

13.01 The Bid Form is included within PennBid’s Bid tab.

Associates, Inc. 00 21 13 - 8 Instructions to Bidders

13.02 All blanks containing an asterisk (*) on the Bid Form must be completed

13.03 Bids by corporations must be executed in the corporate name by the president or vice president, or other corporate officer with authority to submit bids on behalf of their company.

13.04 Bids by partnerships must be executed in the partnership and submitted by person with authority to submit bids on behalf of their company.

13.05 A Bid by a limited liability company shall be executed in the name of the firm and submitted by person with authority to submit bids on behalf of their company.

13.06 A Bid by an individual shall show the Bidder(s) name.

13.07 A Bid by a joint venture shall be executed by and submitted by person with authority to submit bids on behalf of the joint venture.

13.08 The Bid shall contain an acknowledgment of receipt by all Addenda, the numbers of which must be filled in on the Bid Form.

13.10 The address and telephone number for communications regarding the Bid must be shown.

13.11 The Bid shall contain evidence of the Bidder(s) authority and qualification as an out of state corporation to do business in the state where the project is located or covenant to obtain such qualification prior to award of the Contract.

Article 14. BASIS OF BID; EVALUATION OF BIDS

14.01 Unit Price

Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid Form. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price bid for the item. The final quantities and Contract price will be determined in accordance with paragraph 13.03 of the General Conditions.

14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 13.02 of the General Conditions.

14.03 Bid prices will be compared after adjusting for differences in time designated by Bidders for substantial completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve substantial completion for each day before or after the desired date appearing in Article 9.

Article 15. SUBMITTAL OF BIDS

15.01 Bids shall be submitted online via PennBid by the date and time indicated in the Advertisement for Bids, and shall include all required Bid Documents and an electronic copy of the Bid Security.

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Article 16. MODIFICATION AND WITHDRAWAL OF BIDS

16.01 Bids may be modified or withdrawn via PennBid at any time prior to the bid due date and time.

16.02 OWNER will not consider, for any reason, any claim by the Bidder of any mistakes or omission in the Bid. Negligence of the Bidder in preparing the Bid shall not confer, or be deemed to confer, any right of the Bidder to withdraw such Bid after the time has passed, as fixed in the Invitation to Bid, for receiving Bids, except as permitted by law.

Article 17. OPENING OF BIDS

17.01 Bids will be opened as indicated in the Advertisement for Bids.

Article 18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for 60 days after the day of the Bid opening, unless indicated otherwise in the Advertisement for Bids; but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to that date, provided, however, that if the award of the Contract is delayed by required approval of financing, the sale of bonds, or the award of a grant, all Bids will remain subject to acceptance for 120 days after the day of the Bid opening.

Article 19. AWARD OF CONTRACT

19.01 OWNER reserves the right to reject any and all Bids, including without limitation the rights to reject any or all non-conforming, non-responsive, unbalanced or unconditional Bids and to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate Contract terms with the successful Bidder. 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. Discrepancies between words and figures will be resolved in favor of the words.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause of disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

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

19.04 OWNER may consider the qualifications and experience of subcontractors, suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantee of major items of materials and

Associates, Inc. 00 21 13 - 10 Instructions to Bidders equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice to Award.

19.05 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of the Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time.

19.06 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the project.

19.07 If the Contract is to be awarded, OWNER will give the successful Bidder a Notice of Award within 60 calendar days or as otherwise stipulated in the Advertisement for Bids, after the day of the Bid opening.

Article 20. CONTRACT SECURITY AND INSURANCE

20.01 Article 6.01 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER'S requirements as to Performance and Payment Bonds, each in an amount of 100 percent (100%) of the contract price, and insurances. When the successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required Performance and Payment Bonds.

Article 21. SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 15 days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and certificates of insurance to OWNER with the required bonds. Thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of Drawings with appropriate identification.

Article 22. SALES AND USE TAX

22.01 OWNER may be exempt from certain sales and use taxes.

Article 23. RETAINAGE

23.01 Provisions concerning retainage and CONTRACTOR'S rights to deposit securities in lieu of retainage are set forth in the Agreement and the Supplementary Conditions.

Article 24. NON-COLLUSION

24.01 Upon request by OWNER, all Bidders may be required to complete a Non- Collusion Affidavit. This affidavit may be required on all projects involving public funding as provided in Section 7 of the Pennsylvania Anti-Bid-Rigging Act. The Non-Collusion Affidavit, if required, must be submitted with the Bid.

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Article 25. EMPLOYMENT VERIFICATION ACT

25.01 The Bidder’s attention is directed to the Public Works Employment Verification Act of July 5, 2012, P.L. 1086, No. 127, 43 P. S. 167.1 et seq, which requires that public works contractors and every subcontractor performing work under a public works contract shall utilize the United States Department of Homeland Security EVP system to verify the employment eligibility of each new employee hired after January 1, 2013. As a precondition to the award of a contract for public work, a public works contractor shall submit a completed EVP Form to the public body that is bidding and awarding the public work contract. During a public works contract, a new employee hired by a public works contractor, regardless of whether he will be working onsite or offsite of a public work or otherwise, shall be verified within 5 business days of his start date.

Subcontracts between a public works contractor and its subcontractors are required to contain notification of the applicability of the act, information regarding the use of EVP and reference to the Department's web site at www.dgs.state.pa.us to obtain a copy of the Form. Prior to beginning either onsite or offsite work on a public works project, every subcontractor shall submit a completed EVP Form to the contracting public body. During a public works contract, a new employee hired by a public works subcontractor, regardless of whether he will be working onsite or offsite of a public work or otherwise, shall be verified within 5 business days of his start date.

Subcontracts between a subcontractor and its subcontractors are required to contain notification of the applicability of the act, information regarding the use of EVP and reference to the Department's web site at www.dgs.state.pa.us to obtain a copy of the Form.

Article 26. FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

26.01 The use of federal funding on this project triggers compliance with certain federal regulations. The bidder’s attention is directed to the Federal Community Development Block Grant (CDBG) Funding Requirements as contained in Document 00 21 14 – County of Lehigh MWBE Contact Letter, Document 00 21 15 – MBE/WBE/Section 3 Contract Solicitation and Commitment Statement, Document 00 21 16 – Minority/Women/Section 3 Business Enterprises Database Search, Document 00 73 44 - Davis Bacon Wage Rates, Document 00 73 45 – US Department of Labor Payroll Form WH-347 and Instructions, and Document 00 73 46 – Federal Labor Standards Provision HUD-4010.

Bidders must comply with all provisions for projects funded with Federal program dollars of at least $25,000 but less than $200,000. Section 3 requirements are not applicable to this project. Build America Buy American (BABA) requirements are not applicable to this project.

http://www.dgs.state.pa.us/ http://www.dgs.state.pa.us/

COUNTY OF LEHIGH

Office of Community Development

Laurie Moyer Grants Management Specialist

17 South Seventh Street Allentown, Pennsylvania 18101

Phone: 610-871-1964

Dear Potential Bidder:

The above-named project is being funded with federal Community Development Block Grant (CDBG) funds.

The use of federal funding on this project triggers compliance with certain federal regulations. The applicable regulations are listed below. Additional detail is provided within this letter and/or in subsequent pages.

• Minority and Women Business Enterprises (MWBE) o Because the contract amount is expected to be at least $25,000, bidders must show that they have solicited bids from minority and women business enterprises (MWBE).

o Bidders are required to complete and submit the enclosed “MBE/WBE/Section 3

Contact/Solicitation and Commitment Statement” (Statement). Instructions are included with the federal conditions document.

o Contractors that do not include the Statement within their bid will be deemed to be not responsible and the bid will be rejected.

A list of MWBE firms is included in the bid packet. Bidders must contact and list all of the MWBE firms on the Statement. You may contact additional MWBE firms but the firms included on the provided list MUST be included in your MWBE solicitation.

Bidders must keep detailed records of attempts to contact the MWBEs and their responses. NOTE: Acceptable proof of solicitation includes emails with read receipts and/or fax reports listing that the fax was successful. If undeliverable, such receipt shall be kept. If only a phone number is listed for the MWBE, record of the phone call attempts and conversation is acceptable.

• If a bid is provided but you chose not to contract with the MWBE firm, you must provide a reason for not contracting with the MWBE.

If the use of subcontractors is not anticipated (e.g. all work to be performed in-house), make note of such on the form to satisfy the submittal requirements for service providers. MWBEs do not need to be contacted or listed. However, should there be a need for a subcontractor, the successful bidder MUST contact all MWBEs and submit the form prior to hiring a subcontractor.

o The submittals of each bidder are subject to review to determine whether the bidder has discriminated in the selection of firms. Lehigh County will review the Statement, along with the bidders’ records of solicitation, for potential discrimination. If it is found that discrimination has occurred, the reviewed bidder shall be deemed as non-responsible and the bid will be rejected.

o If you are the successful bidder, at the completion of the project and before final payment, you will be required to furnish a completed Minority/ Women Business Enterprise Utilization Report--Prime Contractor along with the Minority/ Women/Section 3 Certification form. In the case that a qualifying Subcontractor is utilized, you will be required to furnish a completed Minority/ Women Business Enterprise Utilization Report--Subcontractor form. Please reference “Minority/Women Business Enterprises Bidder Instructions” for the forms and detailed instructions.

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DOCUMENT 00 21 14

COUNTY OF LEHIGH

Office of Community Development

Laurie Moyer Grants Management Specialist

17 South Seventh Street Allentown, Pennsylvania 18101

Phone: 610-871-1964

• Section 3 o Section 3 is applicable to projects funded with federal program dollars at a value of $300,000 or more. Section 3 requirements are not applicable to this project.

• Build America Buy America (BABA) o BABA is applicable to projects funded with federal program dollars at a value of $250,000 or more. BABA requirements are not applicable to this project.

• Davis-Bacon Act o The Davis-Bacon Act requires that all contractors and subcontractors performing on federal contracts in excess of $2,000 pay their laborers and mechanics not less than the federal prevailing wage rates and fringe benefits listed in the applicable wage determination(s).

o Please review the applicable wage determination. Workers will be paid according to the work they are performing. An employee could fall under multiple classifications during the work day, dependent upon the work they are doing. If the work to be performed does NOT fall under a specific classification, notify me prior to bid opening. Additional classification(s) will be sought from the Department of Labor. Using “general laborer” as a catch-all is NOT permissible.

• Bonding o The following bullets provide information on the minimum bonds required for projects receiving

CDBG funding.

A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The

“bid guarantee” shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument accompanying a bid, as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

A performance bond on the part of the contractor for 100 percent (100%) of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all of the contractor's obligations under such contract.

A payment bond on the part of the contractor for 100 percent (100%) of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and materials in the execution of the work provided in the contract.

Should you have any questions or concerns, please contact the Lehigh County Office of Community Development before submitting your bid.

Sincerely, Laurie Moyer Grants Management Specialist

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MINORITY/WOMEN BUSINESS ENTERPRISES

BIDDER INSTRUCTIONS

This Project is funded in part with Community Development Block Grant (CDBG) funds. In accordance with CDBG rules and regulations, municipalities must uphold the conditions of Minority/Women Business Enterprise (MBE/WBE). The objective of the plans is to facilitate the strengthening and expansion of MBE/WBE businesses.

The MBE/WBE goal for this Project is 5%/3%. The successful bidder will be required to submit evidence that these goals have been met either through his/her own employment practices or through the use of MBE/WBE subcontractors and vendors. Failure to comply may result in the bidder being determined not responsible.

In preparation of your bid, you are expected to contact MBE/WBE firms listed in the bid documents in order to solicit subcontractor and supplier proposals. You may also contact other MBE/WBE firms of which you are aware.

As part of your bid, you are expected to complete and submit the Minority/Women/Section 3 Contract Solicitation and Commitment Statement form (Attachment B). This form will be used during bid review to ascertain your level of MBE/WBE utilization. Your efforts and success in utilizing these firms will be one of the tests of bidder responsibility. Failure to meet this Project’s MBE/WBE goals does not automatically disqualify your bid. At the municipality’s discretion, elements of the MBE/WBE may be waived, provided the bidder can submit adequate evidence of an effort to enlist MBE/WBE subcontractors and suppliers for the Project.

If you are the successful bidder you will be expected to document, at the pre-construction conference, your efforts to solicit MBE/WBE business participation, and to confirm the percentage of participation you will achieve.

Finally, at the completion of the Project and before final payment, you will be required to furnish a completed Minority/ Women Business Enterprise Utilization Report--Prime Contractor (Attachment C) along with the Minority/ Women/Section 3 Certification form (Attachment E). In the case that a qualifying Subcontractor is utilized, you will be required to furnish a completed Minority/ Women Business Enterprise Utilization Report--Subcontractor (Attachment D) form.

Attachment A: Minority/Women/Section 3 Business Enterprise Bidder Instructions Attachment B: Minority/Women/Section 3 Contract Solicitation and Commitment Statement Attachment C: Minority/Women/Section 3 Business Enterprise Utilization Report – Prime Contractor Attachment D: Minority/Women/Section 3 Business Enterprise Utilization Report – Subcontractor Attachment E: Minority/Women/Section 3 Certification

Section 3 compliance is necessary for projects using $300,000 or more of federal funding. MBE/ WBE compliance is necessary for projects valued at $25,000 or more.

Deb Nevells Typewritten Text

DOCUMENT 00 21 15

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Commonwealth of Pennsylvania Department of Community & Economic Dev.

DCED-CCD-286 Attachment B

MBE/WBE SECTION 3 CONTRACT SOLICITATION AND COMMITMENT STATEMENT

(1) Name of Bidder (2) IFB Number

Address Bid Opening Date

Telephone Number Contact Person

(8) NOTE: List those certified minority/women owned businesses from which you solicited quotes or which contacted you and gave you quotes in regard to this invitation for bid. Bidder’s contract with Subcontractors and suppliers should be at least five days prior to the bid opening date.

(4)

MBE

(X)

(4)

WBE

(X)

(4)

Sec. 3

(X)

*(3)

COMPANY NAME

EIN/SSN

TELEPHONE NUMBER

(5)

TYPE OF CONSTRUCTION, EQUIPMENT,

SERVICES AND/OR SUPPLIES TO BE

PROVIDED TO THE PROJECT

(6)

TOTAL

DOLLAR AMOUNT OF

QUOTE RECEIVED

* (7)

TOTAL

COMMITMENT

DOLLAR AMOUNT

(9) NOTE Minimum Levels (MPL): MBE-5%, WBE-3% A presumption of responsibility may be made if the dollar commitment of MBE/WBE reflects this minimum participation level.

(10) Prepared By:

Telephone Number/E-mail Address:

Use additional sheets if necessary.

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF COMMUNITY & ECONOMIC DEV.

MWBE-9-08 - (9-08)

MINORITY & WOMEN’S BUSINESS ENTERPRISE

PRIME CONTRACTOR’S QUARTERLY UTILIZATION REPORT

(This form should be returned within 10 working days at the end of each quarter.)

PRIME CONTRACTOR’S FIRM NAME REPORTING PERIOD

ADDRESS CONTRACT NUMBER

TELEPHONE

CONTACT PERSON DATE RECEIVED (Office use Only)

List State certified minority and/or women-owned businesses whose services and/or supplies you have purchased in reference to this contract.

TRANSACTION

COMPANY NAME ADDRESS TELPHONE

NUMBER

MBE

(X)

WBE

(X)

SUB

CONTRACT

(X)

SUPPLIES

(X)

DATE

PAID

MBE/WBE

ACTUAL

DOLLARS*

Prepared By: Title: Phone No: E-Mail Address:

* PLEASE AFFIX COPIES OF MBE & WBE INVOICES TO YOUR COMPANY ALONG WITH COPIES OF YOUR COMPANY’S CANCELED CHECKS REFLECTING

PAYMENT OF THE MBE AND WBE INVOICES.

Attachment C

Commonwealth of Pennsylvania

DEPARTMENT OF COMMUNITY & ECONOMIC DEV.

DCED-CCD-MWBE-02 (9-08)

MINORITY AND WOMEN’S BUSINESS ENTERPRISE

SUBCONTRACTOR’S QUARTERLY UTILIZATION REPORT

(This form should be returned within 10 working days at the end of each quarter.)

SUBCONTRACTOR’S FIRM NAME REPORTING PERIOD

ADDRESS CONTRACT NUMBER

TELEPHONE

CONTACT PERSON DATE RECEIVED (Office use Only)

List the prime contractors who have purchased your services and/or supplies in reference to this contract.

COMPANY NAME ADDRESS TELPHONE

NUMBER

DATE

SERVICES/

SUPPLIES

PROVIDED

DATE

INVOICE

SENT

AMOUNT

INVOICED

DATE

INVOICE

PAID

AMOUNT

PAID

PREPARED BY: TITLE: PHONE NO: E-MAIL ADDRESS:

* PLEASE AFFIX COPIES OF YOUR COMPANY’S INVOICES TO THE PRIME CONTRACTOR.

Attachment D

ATTACHMENT E

MINORITY/WOMEN/SECTION 3 BUSINESS CERTIFICATION

As principal owner of __________________________, I certify that this (MBE/WBE or Section 3 Firm Name) firm is a bona fide Minority/Women Business Enterprise and/or Section 3 owned business.

I further certify that this firm was subcontracted by

_______________________________for work on the ____________________________ project in the amount of $_____________.

Date Signature/Title

Supplier Name Address City State Postal Phone Website

Gorecon Inc. 3240 Bristol Road Chalfont PA 18914-3443 267.220.0890 www.goreconinc.com

Mohawk Contracting & Development LLC 125 Krocks Road Allentown PA 18104-9484 484.695.0590 www.mohawkcd.com

Semmel Excavating, LLC 5000 Springside Court Allentown PA 18104-9488 610.481.9300 www.semmelexcavating.com

Supplier Name Address City State Postal Phone Website

Gorecon Inc. 3240 Bristol Road Chalfont PA 18914-3443 267.220.0890 www.goreconinc.com

Mohawk Contracting & Development LLC 125 Krocks Road Allentown PA 18104-9484 484.695.0590 www.mohawkcd.com

Semmel Excavating, LLC 5000 Springside Court Allentown PA 18104-9488 610.481.9300 www.semmelexcavating.com

00 43 42

Minority/Women/Business Enterprises Database Search

LIST OF MWBE FIRMS FROM https://mwbe.phfa.org

LIST OF MWBE FIRMS FROM https://dgs.internet.state.pa.us/suppliersearch

Hertzog Avenue Reconstruction Project

Borough of Fountain Hill, Lehigh County, PA http://www.goreconinc.com/ http://www.mohawkcd.com/ http://www.semmelexcavating.com/ http://www.goreconinc.com/ http://www.mohawkcd.com/ http://www.semmelexcavating.com/

Associates, Inc. 00 41 00 - 1 Bid Form

DOCUMENT 00 41 00

BID FORM

Project Identification: Hertzog Avenue Reconstruction Project

Project No.: FH25-19(A)

Name of Owner: Borough of Fountain Hill

Name of Bidder:

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid times indicated in this Bid and in accordance with all other terms and conditions of the Contract Document.

2. Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security.

This Bid will remain subject to acceptance for 60 days after the day of Bid opening or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the bidding requirements within 15 days after the date of the OWNER’S Notice of Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of…