INSTRUCTIONS TO BIDDERS

FOR CONSTRUCTION CONTRACTS

Prepared By

Endorsed By

045.2306 BETHLEHEM TOWNSHIP JANUARY 2026

(SR 2018) FREEMANSBURG AVENUE

AND 9TH STREET

EMERGENCY SIGNAL

EJCDC® C‑200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00200-ii Copyright© 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

(SR 2018) FREEMANSBURG AVENUE

AND 9TH STREET

EMERGENCY SIGNAL

Defined Terms Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

Bid Security – An amount payable to Owner in the amount of ten percent of Bidders’ maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirement of Paragraphs 6.01 and 6.02 of the General Conditions.

Contract Security – Performance and Payment bonds (on the forms attached) and other bonds as may be required under Article 6 of the General Conditions or as modified by the Supplementary Conditions.

Bidding Documents Bidding Documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com). It is the Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

Electronic Documents When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

Qualifications of Bidders

To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within 5 days of Owner’s request, Bidder must submit the following information:

Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

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

Subcontractor and Supplier qualification information.

Other required information regarding qualifications.

Value of uncompleted work on other contracts held by bidders.

List of subcontractors proposed to be used for work under the Contract.

List of material suppliers and approximate delivery date for materials and equipment.

PENNDOT pre-qualified.

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

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

Without being limited thereby, any one or more of the following causes may be considered as sufficient grounds for the disqualification of a Bidder and the rejection of its bid or bids:

More than one proposal for the same work from an individual, firm, partnership, or corporation under the same or different names;

Evidence of collusion among Bidders. Participants in such collusion may receive no recognition as Bidders for any future work;

Unbalanced forms of proposal, in which the prices for some items are out of proportion to the prices for other items;

Failure to submit a unit price for each item of work for which a bid price is required by the proposal;

Lack of competency as revealed by the financial statement, experience record, plant and equipment statements submitted;

Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress;

Uncompleted work which in the judgment of the Owner might hinder or prevent the prompt completion of additional work if awarded; and Being in arrears on existing contracts, in litigation with the Owner, or having defaulted on a previous contract.

Failure to meet the requirements of the Commonwealth of Pennsylvania, Commonwealth Financing Authority Multimodal Transportation (CFA) Fund.

Failure to meeting the requirements of the Commonwealth of Pennsylvania, Department of Community and Economic Development (DCED) Grant.

Failure to meeting the requirements of the Commonwealth of Pennsylvania, Multimodal Transportation Fund Grant Reimbursement Agreement for Highway and Bridge Projects (PennDOT MTF) Grant.

Pre-Bid Conference A pre-bid conference will not be conducted for this Project.

Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site Site and Other Areas The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

Existing Site Conditions Subsurface and Physical Conditions; Hazardous Environmental Conditions The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

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

Technical Data contained in such reports and drawings.

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

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

Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

Refer to Supplementary Conditions SC-5.05 regarding the conditions of the Underground Utility Line Protection Law.

Other Site-related Documents No other Site-related documents are available.

Site Visit and Testing by Bidders Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. On request, Owner will provide Bidder access to the Owners’ 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. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. Bidder shall be responsible for acquiring permission and any necessary permits to conduct examinations, investigations, explorations, tests and studies as Bidder deems necessary within State Highway rights-of-way, public street rights-of-way or private properties.

All access to the Site other than during a regularly scheduled Site visit must be coordinated through the Owner. Bidder must conduct the required Site visit during normal working hours.

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

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

Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

Owner’s Safety Program Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

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

Bidder’s Representations and Certifications Express Representations and Certifications in Bid Form, Agreement The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

Interpretations and Addenda Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

Bidder shall submit all questions or comments about the meaning or intent of the Bidding Documents only via the “Ask a Question” feature in PennBid no later than seven (7) days prior to the date for the receipt of bids. No calls may be made with questions. Responses will be publicly posted on the PennBid’s Messages Tab.

Only responses set forth in the PennBid’s Messages tab will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

Bid Security A Bid must be accompanied by Bid security made payable to Owner in an amount of 10 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check or a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

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

The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

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

Substitute and “Or Equal” Items The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

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

Subcontractors, Suppliers, and Others A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening:

A. Aggregate;

B. Asphalt;

C. Concrete Curb and Flat Work;

D. Traffic Signs, Signals and Mast Arms;

E. Seeding; and F. Matting If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute and shall be entitled to an increase in the Bid amount with submission of supporting documentation.

If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

For each Subcontractor proposed by the Successful Bidder, a Public Works Employment Verification Form, completed in accordance with the requirements of Act 127, shall be provided with the List of Proposed Subcontractors and Material Suppliers. Public Works Employment Verification Forms are not required for Material Suppliers.

Preparation of Bid The Bid Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab).

A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

A Bid by an individual must show the Bidder’s name and official address.

A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

All names must be printed in ink below the signatures.

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

Postal and e‑mail addresses and telephone number for communications regarding the Bid must be shown.

The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

The Bid shall be accompanied by the Bidder’s Public Works Employment Verification Form, completed in accordance with the requirements of Act 127.

Basis of Bid Unit Price Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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.

The Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

Submittal of Bid Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated in the Invitation for Bids along with the Bid security and the other documents required to be submitted as identified under the terms of Article 2 of the Bid Form.

Bids received after the date and time prescribed for the opening of bids or by any other means will not be accepted and will be returned to the Bidder unopened.

Modification and Withdrawal of Bid A Bid may be withdrawn or modified at any time within PennBid prior to the due date and time identified in the Invitation for Bids.

If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

If within two business days after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

Opening of Bids

16.01 A summary of bids received will be displayed on PennBid immediately after bid opening, the time of which is listed in the Invitation to Bid. It should be noted that bid results are subject to further review and should not be construed as issuance of an award.

Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

Evaluation of Bids and Award of Contract Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

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 for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

If the Contract is to be awarded, Owner will award the Contract to the lowest responsible Bidder it selects and who meets the requirements of the Owner for the Bid or any combination of Bids the Owner elects to accept.

Evaluation of Bids In evaluating Bids, Owner will consider whether 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.

In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

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

Bonds and Insurance Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds maintenance bond, and insurance.

Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

Signing of Agreement Notice of Award, conditioned on the Successful Bidder delivering to Owner the required Contract Security, and evidence of the required insurances will be forwarded to the Successful Bidder. The Successful Bidder shall deliver the required Contract Security and evidence of required insurances (all in strict conformance with the requirements for same) within fifteen days of receipt of the Notice of Award. If the Successful Bidder fails to deliver the required Contract Security and evidence of the required insurances to Owner within the time specified, Owner may consider the Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will thereupon be forfeited.

When the required Contract Security and evidence of required insurances have been determined to be acceptable by Owner, the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto will be delivered to the Successful Bidder. The Contractor shall sign and execute the Agreements and return the signed and executed Agreements and attached documents to Owner within ten days of receipt thereof. If the Successful Bidder fails to deliver the signed and executed Agreements and attached documents to Owner within the time specified above, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will thereupon be forfeited. Within twenty days after receiving properly signed and executed Agreements and attached documents, Owner shall deliver one fully signed counterpart to Successful Bidder.

Pennsylvania Prevailing Wage Act Refer to Supplementary Conditions SC-7.11 regarding prevailing wage rates and labor requirements for this Project.

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