1-Landfill Gas Well Installation - Bid Package.pdf

DELAWARE COUNTY

SOLID WASTE AUTHORITY

ROLLING HILLS LANDFILL

LANDFILL GAS SYSTEM CONSTRUCTION

PREPARED BY:

583 Longview Road

Boyertown, PA 19512

OCTOBER 2025

Delaware County Solid Waste Authority

Landfill Gas System Construction

Table of Contents

CONTRACT DOCUMENTS

Advertisement for Bids……………………………………………………….....………AFB-1 – AFB-3

Project Statement………………………………………………………………………..….. PS-1 – PS-2

Instructions to Bidders…………………………………………………………..……….ITB-1 – ITB-16

Bid Form…………………………………………………………………………..…….....…..….BF-1 – BF-5

Contractor Statement of Qualifications……………………………………. SOQ-1 – SOQ-12

Bid Bond………………………………………………………………………….…………..….. BB-1 – BB-2

Non-Collusion Affidavit……………………………………………….……………… NCA-1 – NCA-3

Self-Certification of No Disbarment……………………………………………………………… SC-1

Pennsylvania Prevailing Wage Requirements……………………….……..PWR-1 – PWR-4

Memorandum of Understanding………………………………………………………..…… MOU-1

Hold Harmless Agreement…………………………………………………………………..…… HHA-1

Agreement……………………………………………………………………….………….…………A-1 – A-7

Performance Bond……………………………………………………………………….PerB-1 – PerB-4

Payment Bond…………………………………………………………………………….PayB-1 – PayB-4

Certificate of Release…………………………………………………………………..…….CR-1 – CR-3

Application for Payment…………………………………………………………………AFP-1 – AFP-4

General Conditions………………………………………………………………………….GC-1 – GC-79

TECHNICAL SPECIFICATIONS

DIVISION 01 GENERAL REQUIREMENTS

Section 01010 General Requirements ............................................................... 01010-1 to 9

Section 01025 Measurement and Payment ...................................................... 01025-1 to 10

Section 01050 Field Engineering (Surveys) ........................................................ 01050-1 to 4

Section 01330 Project Meetings and Administration ........................................ 01330-1 to 5

Section 01350 Submittals .................................................................................. 01350-1 to 9

Section 01550 Construction Facilities and Temporary Controls ....................... 01550-1 to 9

Section 01600 Materials and Equipment .......................................................... 01600-1 to 2

Section 01700 Project Closeout ......................................................................... 01700-1 to 2

DIVISION 02 SITEWORK

Section 02220 Earthwork ................................................................................... 02220-1 to 9

Section 02225 Trenching ................................................................................... 02225-1 to 4

Section 02290 Erosion and Sediment Control ................................................... 02290-1 to 9

Section 02500 Aggregate ................................................................................... 02500-1 to 3

Section 02536 Piping Systems ........................................................................... 02536-1 to 10

Section 02537 Rotary Drilled Extraction Well ................................................ 02537-1 to 8

DIVISION 15 MECHANICAL

Section 15060 Pipe Handling, Installation and testing ...................................... 15060-1 to 4

Section 15100 Valves, Meters and Appurtenances ........................................ 15100-1 to 3

DCSWA – Landfill Gas System Construction October 2025

Request for Bid Proposal AFB-1 ARM Group LLC

EJCDC® C-111, Advertisement for Bids for Construction Contract.

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

ADVERTISEMENT FOR BIDS

Delaware County, Pennsylvania

Landfill Gas Well Installation

General Notice

NOTICE is hereby given that sealed bids will be received by the Delaware County Solid Waste Authority (hereinafter called the "Owner") for:

Landfill Gas System Construction

Bids for the Landfill Gas Well Installation Contract will be received, by the Delaware County Solid Waste Authority (DCSWA), online via PennBid, until 3:00 PM local time on December 5, 2025. Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) along with the Bid security and the other documents required, by the date and time indicated in the Instruction to Bidders. It is advised that bidders contact the Owner to make sure the bid has been received. Bidding documents will only be distributed online via PennBid.

The work includes the furnishing of all labor, materials and equipment necessary to complete the work as shown on the Drawings and as described in the Specifications. The project includes installation of fourteen vertical landfill gas wells, one condensate knockout station, landfill gas (LFG) header and laterals pipes, and all associated piping fixtures to facilitate proper tie-in to the existing LFG system.

A mandatory Pre-Bid Conference will be held at the Rolling Hills Landfill administration building (583 Longview Rd, Boyertown, PA 19512) on November 18, 2025, at 10:00 AM.

Representatives of Owner will be present to discuss the Project. Bidders shall attend and are encouraged to participate in the Conference. DCSWA will transmit to all Plan Holders of record such Addenda as the Owner considers necessary in response to questions arising at the Conference.

Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis, with additive alternate Bid items as indicated in the Bid Form.

Bidding documents will be made available at no cost via the PennBid Program (https://pennbid.bonfirehub.com). Bid security in the form a Certified Check or Bid Bond shall be furnished with the bid in an amount not less than 10%.

All questions about the meaning or intent of the Bidding Documents are to be submitted via the PennBid Program in accordance with the Instructions to Bidders. Telephone inquiries are unacceptable. Bidder shall submit all questions about the meaning or intent of the Bidding Documents via PennBid, no later than 4:00 PM local time on November 21, 2025.

DCSWA – Landfill Gas System Construction October 2025

Request for Bid Proposal AFB-2 ARM Group LLC

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, All bids shall be irrevocable for 60 days after the bid opening date unless award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant or grants, in which case this Bid shall remain subject to acceptance for 120 days after the bid opening date as provided by the Act of November 26, 1978 (P.L. 1309, No. 317), as amended by the Act of December 12, 1994 (P.L. 1042, No. 142).

Bidders must comply with all State antibid-rigging regulations pertaining to Work associated with this Project and will be required to submit an executed non-collusion affidavit with the bid.

The estimated cost for each Contract is greater than Twenty-five Thousand Dollars ($25,000) and the Pennsylvania Prevailing Wage Act shall apply.

Bidders should refer to provisions of federal and state statutes, rules and regulations dealing with the prevention of environmental pollution and preservation of public natural resources that affect the Project, said provisions being pursuant to Act No. 247 of the General Assembly of the Commonwealth of Pennsylvania, approved October 26, 1972.

All bidders are hereby notified that in regard to any Contract pursuant to this advertisement, businesses will be afforded full opportunity to submit bids in response to this notice and will not be subjected to discrimination on the basis of gender, race, color, creed, sex, age, physical disability or national origin in consideration for an award. Similarly, the Successful Bidder shall in no manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of Work, or any other activity required under the Contract on account of gender, race, creed, or color.

The Owner reserves the right, which is understood and agreed to by all Bidders, to reject any and all Bids and to waive any omissions, errors, mistakes, defects, or irregularities in any Bid at its sole discretion.

DCSWA – Landfill Gas System Construction

Rolling Hills Landfill PS-1 ARM Group LLC

A R M G r o u p L L C

PROJECT STATEMENT

Work covered under this Contract generally includes, but is not limited to, the following:

• installation and connection of 14 landfill gas wells,

• installation and connection of 1 landfill gas condensate drip legs,

• installation and connection of landfill gas header and laterals,

• installation of associated valves, access points, sample ports, fittings, and connections,

• and testing of completed piping.

All Work and related activities are to occur at the Delaware County Solid Waste Authority’s Rolling Hills Landfill, located in Berks County, PA.

The Contractor shall include the furnishing of all labor, required materials (not specifically listed as owner supplied), equipment, services, and the performance of all operations required to complete the Work as indicated on the Contract Drawings and in accordance with the Contract

Documents.

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INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Conditions of Work

Article 4— Qualifications of Bidders

Article 5— Collusive Bids

Article 6— Examination of Contract Documents and Site

Article 7— Bidder’s Representations and Certifications

Article 8— Interpretations and Addenda

Article 9— Bid Security

Article 10— Contract Times

Article 11— Damages

Article 12— Substitute and “Or Equal” Items

Article 13— Subcontractors, Suppliers, and Others

Article 14— Pennsylvania Steel Products Procurement Act (No. 1978-3)

Article 15— Trade Practices Act

Article 16— Employment Guidelines

Article 17— Preparation of Bid

Article 18— Basis of Bid

Article 19— Submittal of Bid

Article 20— Modification and Withdrawal of Bid

Article 21— Opening of Bids

Article 22— Bids to Remain Subject to Acceptance

Article 23— Evaluation of Bids and Award of Contract

Article 24— Pre-Bid Concerence

Article 25— Sales and Tax

Article 26— Prevailing Wage

Article 27— Excution of Agreement, Bond, Insurance and Issuance of Notice to Proceed

Article 28— Payments

Article 29— Notice to Successful Bidder

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Article 30— Inspections

Article 31— Assignments

Article 32— Insurance

Article 33— Working Hours

Article 34— Site Conditions During Construction

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ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General

Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. “Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-Bidder, who submits a bid to a Bidder.

B. “Successful Bidder" means the lowest, responsible Bidder to whom Owner (on the basis of

Owner's evaluation as hereinafter provided) makes an award.

C. “Bidding Documents" includes the Advertisement and Invitation to Bid, Instructions to

Bidders, Bid Form and the Contract Documents (including all Addenda issued prior to receipt of Bids).

1.02 Other terms used in the Bidding Documents and not defined elsewhere have the following meanings, which are applicable to both the singular and plural thereof:

A. “Day” means a calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day, unless otherwise specified.

B. “Contract Drawings” - shall mean "Drawings" as defined in the General Conditions of the

Contract Documents.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidding documents are available at no cost via the PennBid Program

(https://pennbid.bonfirehub.com)

2.02 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.

2.03 Complete sets of Bidding Documents shall be used in preparing Bids; the Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

Documents.

2.04 The Owner, in making Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

ARTICLE 3—CONDITIONS OF WORK

3.01 Bidders must inform themselves fully of all conditions relating to the work in question. Bidders shall assume all risks, whether or not patent, latent, known, hidden, or foreseeable. Failure to do so will not relieve the Successful Bidder of his obligation to furnish and perform the work which forms the basis of this bid, or to carry out the provisions of the contract with respect to performance of the contemplated work set forth in this bid. The Bidder is presumed to have investigated and

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3.02 It is likewise understood and required that the Successful Bidder shall employ such methods, in the performance of this contract, as will comply with any applicable statutes of the Commonwealth of Pennsylvania and regulations or ordinances of the Township and/or other local municipality.

ARTICLE 4—QUALIFICATIONS OF BIDDERS

4.01 The Bidder is to submit the Contractor Statement of Qualification Form with its Bid to demonstrate

Bidder’s qualifications to perform the Work.

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

4.03 No requirement in this Article 4 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

4.04 The Bidder, including any individual, corporation, or partnership affiliated in any way with the

Bidder, including any of Bidder’s subcontractors, shall not appear on the current Pennsylvania Department of Labor and Industry Debarment List.

4.05 A bid may be rejected at Owner’s sole discretion if the Bidder does not submit evidence that it meets or exceeds the above minimum qualifications.

4.06 At a minimum, the Bidder shall provide demonstrative evidence that it meets or exceeds the following qualifications:

A. As a prime CONTRACTOR, has completed ten (10) landfill gas projects presently in U.S.A. for a minimum of five (5) years. Collectively, the projects shall have involved the following, at a minimum:

i. installation of wells and wellheads,

ii. installation of LFG HDPE pipe for laterals and headers,

iii. testing of completed system.

B. As a prime CONTRACTOR, can independently meet the Qualifications contained in Section 13200 of the specifications.

C. The Bidder, including any individual, corporation, or partnership affiliated in any way with the Bidder, shall not have been held in default by Owner on any contract of Owner within 36 months prior to the day of the Bid

Opening.

D. The Bidder has qualified staff available and shall commit said staff to this

Project. Detailed resumes of proposed key site personnel (e.g., Project

Manager, Superintendent, Foreman) that will be assigned to this Project shall be submitted.

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4.07 A bid may be rejected at Owner’s sole discretion if the Bidder does not submit evidence that it meets or exceeds the above minimum qualifications.

ARTICLE 5—COLLUSIVE BIDS

5.01 More than one (1) Bid from an individual, a firm or partnership, corporation, or an association under the same name or different names will not be considered. Reasonable grounds for believing that the Bidder is interested in more than one (1) Bid for the same work may cause the rejection of all Bids in which such Bidder is interested. Any or all Bids may be rejected if there is any reason for believing that collusion exists among any of the Bidders; participants in such collusion will not be considered in future Bids. All Bids submitted must include an executed Non-Collusive

Affidavit.

ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS AND SITE

6.01 Before submitting a Bid, each Bidder shall:

A. Examine the Contract Documents thoroughly, B. Visit the site to familiarize himself with local conditions that may in any manner affect cost, progress, performance or furnishing of the Work, C. Familiarize himself with Federal, State, and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance or furnishing of the Work, D. Study and carefully correlate Bidder's observations with the Contract Documents.

E. Notify the Owner of all conflicts, errors, or discrepancies in the Contract Documents.

6.02 Reference is made to the General Conditions for the identification of those reports of investigations, tests of subsurface and latent physical conditions and drawings of physical conditions in, or relating to, existing surface and subsurface conditions (except Underground

Facilities) at the site or otherwise affecting cost, progress, performance or furnishing of the Work which have been relied upon by the Owner in preparing the Drawings and Specifications. Bidder may rely upon the accuracy of the technical data contained in such reports and drawings, but not upon non-technical data, interpretations or opinions contained therein or for the completeness, accuracy and continuity of such condition thereof for the purposes of bidding or construction.

Such technical data has been identified and set forth in the Supplementary Conditions. These reports and drawings are not part of the Contract Documents. Copies of such reports and drawings will be made available by the Owner to any Bidder on request. Before submitting his Bid each

Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance and furnishing of the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

6.03 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the General Conditions.

6.04 By prior arrangement, in advance, Owner will provide each Bidder reasonable access to the site to conduct such investigations and tests, as each Bidder deems necessary for submission of his

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Bid. Bidder shall fill all holes, and clean up and restore the site to its former condition upon completion of such investigations and tests.

6.05 The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by Successful Bidder in performing the Work are identified in the

Contract Documents.

6.06 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 6, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. Later claims for labor, equipment or materials required, or for other difficulties encountered which could have been foreseen had Bidder complied with the requirements of this Article 6, will not be recognized.

ARTICLE 7—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

7.01 Express Representations and Certifications in Bid Form, Agreement

A. 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.

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

ARTICLE 8—INTERPRETATIONS AND ADDENDA

8.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the

Bidding Documents.

8.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the

“Messages/Vendor Discussions” feature in PennBid no later than 3:00 PM on June 13, 2025.

8.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders.

8.04 Only responses set forth in an Addendum 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.

8.05 "Pre-Bid Minutes", which may be issued as a record of the Pre-Bid Conference, are not a part of the Contract Documents.

ARTICLE 9—BID SECURITY

9.01 A Bid security shall be made payable to Owner, in an amount of ten percent (10%) of the Bidder's maximum Bid price, and in the form of a certified or bank cashier's check or a Bid Bond. If a Bid

Bond is used, it must be on the form furnished with the Contract Documents, be executed by the

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Bidder, and must have corporate surety satisfactory to the Owner and authorized to conduct business in Pennsylvania.

9.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed and delivered the Contract and furnished the required contract security, whereupon it will be returned.

If the Successful Bidder fails to execute and deliver the required contract security within ten (10) days of the Notice of Intent to Award, Owner may annul the Notice of Intent to Award, and the Bid security of that Bidder will be forfeited to Owner as liquidated damages or on account of Owner's actual damages as Owner may elect. The Bid security of any Bidder whom 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 the Agreement" (which term is defined in the General Conditions) or the sixty-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive may be returned within seven (7) days after the Bid opening.

ARTICLE 10—CONTRACT TIMES

10.01 The date by which, the Work and identified portions thereof (Milestones) are to be substantially complete and available for Owner’s use, and completed and ready for final payment (the Contract

Time), are set forth in the Agreement. Such Contract Times are of the essence.

The Milestones are as follows:

Milestone 1 – LFG Wells (90 calendar days from receipt of Notice to Proceed)

Milestone 2 – LFG Piping (150 calendar days from receipt of Notice to Proceed)

Milestone 3 – Final Completion (165 calendar days from receipt of Notice to Proceed)

10.02 The phrase “available for Owner’s Use” does not mean physically capable of being utilized by Owner. The phrase “available for Owner’s Use” means that the Owner is able to commence and carry out its operations in accordance with the design intent of the Plans and Specifications and not alter its normal operating procedure as a result of any failure by Contractor to complete any aspect of that portion of the Work.

ARTICLE 11—DAMAGES

11.01 Provisions for damages are set forth in the Agreement.

ARTICLE 12—SUBSTITUTE AND “OR EQUAL” ITEMS

12.01 The Contract, if awarded, will be on the basis of material and equipment described or specified in the Contract Documents without consideration of possible substitute "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by the Successful Bidder if acceptable to

Owner, application for such acceptance will not be considered by Owner until after the "Effective

Date of the Agreement". The procedure for submittal of any such application by Successful Bidder and consideration by Owner is set forth in Paragraphs 7.05 and 7.06 of the General Conditions.

ARTICLE 13—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

13.01 Unless otherwise specified, the name of each Subcontractor, person, or organization proposed for the Work, all submittals required in the Contract Documents pertaining thereto, and

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Subcontractor's respective work to be performed shall be submitted by Contractor to Owner not later than thirty (30) days before Subcontractor begins work on the Project.

13.02 No Successful Bidder shall be required to employ any Subcontractor, other person, or organization against whom he has reasonable objection.

13.03 After submission of the list described in Section 13.01 above, the Successful Bidder may change subcontractors, persons, or organizations proposed for the Work only with Owner's written consent.

ARTICLE 14—PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT (NO. 1978-3)

14.01 The Successful Bidder acknowledged familiarity with the requirements of the Pennsylvania Steel

Products Procurement Act (the “Steel Act”).

14.02 At the time of delivery of all products to which the Steel Act applies, the Successful Bidder will provide documentation, including but not limited to invoices, bills of landing invoices, and mill certification, and all other documentation or information required by the Owner to evidence compliance with the Steel Act.

14.03 The Successful Bidder acknowledges that failure of the Successful Bidder, or any Subcontractors to provide documentation satisfying compliance with the Steel Act is a material breach of the

Successful Bidder’s contractual obligation to the Owner.

14.04 The Successful Bidder acknowledges that determinations regarding compliance with these provisions and sufficiency of related documentation shall be at the sole discretion of the Owner.

14.05 This provision shall not apply in any case where the head of the public agency in writing, determines that the type of steel products necessary for the performance of the contract are not produced in the United States in sufficient quantities to meet the requirements of the contract.

ARTICLE 15—TRADE PRACTICES ACT

15.01 The Successful Bidder acknowledged familiarity with the requirements of the Trade Practices Act

(the “Trade Act”).

15.02 In accordance with the Trade Practices Act of July 23, 1968, P.L. 686 (71 P.S. § 773.101 et seq.), the Successful Bidder cannot and shall not use or permit to be used in the work any aluminum or steel products made in a foreign country which is listed below as a foreign country which discriminates against aluminum or steel products manufactured in Pennsylvania. The countries of

Argentina, Brazil, South Korea, and Spain have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries' products, as listed below, is not permitted: products manufactured in Pennsylvania. Therefore, the purchase or use of those countries' products, as listed below, is not permitted:

o Argentina: carbon steel wire rod and cold-rolled carbon steel sheet.

o Brazil: welded carbon steel pipes and tubes; carbon steel wire rod; tool steel; certain stainless steel products, including hot-rolled stainless steel bar; stainless steel wire rod and cold-formed stainless steel bar; prestressed concrete steel wire strand; hot-rolled carbon steel plate in coil;

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o South Korea: welded carbon steel pipes and tubes; hot-rolled carbon steel plate; hot-rolled carbon steel sheet; and galvanized steel sheet.

o Spain: certain stainless steel products, including stainless steel wire rod, hot- rolled stainless steel bars; and cold-formed stainless steel bars; prestressed concrete steel wire strand; and certain steel products, including hot-rolled steel plate, cold-rolled carbon steel plate, carbon steel structural shapes; galvanized carbon steel sheet, hot-rolled carbon steel bars, and cold-formed carbon steel bars.

15.03 At the time of delivery of all products to which the Trade Act applies, the Successful Bidder will provide documentation, including but not limited to invoices, bills of landing invoices, and mill certification, and all other documentation or information required by the Owner to evidence compliance with the Trade Act.

15.04 The Successful Bidder acknowledges that failure of the Successful Bidder, or any Subcontractors to provide documentation satisfying compliance with the Trade Act is a material breach of the

Successful Bidder’s contractual obligation to the Owner.

15.05 The Successful Bidder acknowledges that determinations regarding compliance with these provisions and sufficiency of related documentation shall be at the sole discretion of the Owner.

ARTICLE 16—EMPLOYMENT GUIDELINES

16.01 Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, age, ancestry, national origin, or handicap. Responsibility under the Immigration Reform and

Control Act of 1986, for verifications of identity and employment eligibility in connection with

Bidder’s own agents/servants, workers, and employees, is assumed and continues to be assumed and complied with by the Bidder. The Bidder/Contractor expressly agrees to comply with the

Americans with Disabilities Act of 1990 (the “ADA”), and all other applicable Federal, State, and/or Local laws, ordinances, rules regulations and orders prohibiting discrimination in hiring or employment opportunities. Compliance is not delegable to any union, training program, or other source of recruitment, which prevents the Successful Bidder from meeting his/her obligations hereunder. The Successful Bidder has the responsibility and obligation to become aware of and

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ARTICLE 17—PREPARATION OF BID

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

17.02 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.

17.03 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.

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

ARTICLE 18—BASIS OF BID

18.01 Unit Price

o 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 o 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.

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

ARTICLE 19—SUBMITTAL OF BID

19.01 A 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 herein.

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

The following documents are submitted with and made a condition of this Bid:

o Required Bid security;

o Bid Form (with completed Bid Schedule and Acknowledgement of Addenda) o Required Bidder Qualification Statement with Project Information;

o Non-Collusion Affidavit;

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o Memorandum of Understanding; and o Hold Harmless Agreement.

ARTICLE 20—MODIFICATION AND WITHDRAWAL OF BID

20.01 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.

20.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 20.01 and submit a new Bid prior to the date and time for the opening of Bids.

20.03 No Bid may be withdrawn after the opening of Bids, except in accordance with Pennsylvania law relating to the withdrawal of bids, Act 4, approved January 23, 1974, P.L. 9, Section 1 et. seq., as amended.

ARTICLE 21—OPENING OF BIDS

21.01 A summary of bids received will be issued via a Public Notice on PennBid shortly 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.

ARTICLE 22—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

22.01 All Each Bid shall remain subject to acceptance for sixty (60) days after the day of the Bid

Opening, but Owner may, in his sole discretion, release or reject any Bid and return the Bid security prior to that date.

ARTICLE 23—EVALUATION OF BIDS AND AWARD OF CONTRACT

23.01 Owner reserves the right to reject any and all Bids, to waive any and all informalities, to negotiate with the Successful Bidder, and to disregard all non-conforming, non- responsive or conditional

Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

23.02 In evaluating Bids, Owner shall consider whether or not the Bids comply with the prescribed requirements.

23.03 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for the Work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

23.04 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any

Bid and to establish the responsibility, qualifications, and financial ability of any Bidder or

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23.05 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to

Owner's satisfaction.

23.06 If the Contract is to be awarded, it will be awarded to the lowest Qualified Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Owner and the

Project. The lowest Qualified Bidder is defined as the Bidder having submitted the lowest Total

Bid Price.

23.07 Except as otherwise provided by law, if the Contract is to be awarded, Owner will give the

Successful Bidder a Notice of Intent to Award within sixty (60) days after the day of the Bid

Opening.

ARTICLE 24—PRE-BID CONCERENCE

24.01 A mandatory Pre-Bid Conference will be held at the time and place indicated in the Advertisement for Bids. Representatives of Owner will be present to discuss the Project. Bidders shall attend and are encouraged to participate in the Conference. Owner will transmit to all Plan Holders of record such Addenda as Owner considers necessary in response to questions arising at the Conference.

ARTICLE 25—SALES AND TAX

25.03 For purposes of Pennsylvania Sales and Use Tax, the Owner is a governmental entity which provides public utility services and all portions of the Work are exempt from Pennsylvania Sales and Use Taxes, except all materials and equipment incorporated into any portion of the Project which do not become the possession of the Owner (e.g., temporary facilities, office equipment, etc.).

25.04 The Contract Price includes, and the Successful Bidder shall be responsible for, payment of all

Sales and Use Taxes on the above portion of the Work which is not exempt, and for payment of all excise and other taxes. Additional information is provided in the Supplementary Conditions regarding Pennsylvania Sales and Use Tax.

ARTICLE 26—PREVAILING WAGE

26.01 The Successful Bidder will be required to comply with the Pennsylvania Prevailing Wage Act.

ARTICLE 27—EXCUTION OF AGREEMENT, BOND, INSURANCE AND ISSUANCE OF

NOTICE TO PROCEED

27.01 The Successful Bidder will be required, within ten (10) calendar days following Notice of Intent to Award, to furnish to the Owner in at least three (3) counterparts, the Performance Bond and

Payment Bond, all in the form prescribed for execution of Bids, excepting that all general partners of a partnership shall sign the bonds. Both bonds shall have corporate surety satisfactory to the

Owner, and authorized to conduct business in Pennsylvania; shall be paid for by the Successful

Bidder and shall be in an amount equal to 100% of the Contract Price. Within ten (10) calendar days following Notice of Intent to Award, the Successful Bidder shall sign and deliver to the

Owner in at least three (3) counterparts, the Contract and insurance policies, or certificates of insurance required by the Contract Documents. Such insurance policies or certificates shall state that the insurance cannot be cancelled without approval of or reasonable written notice to the

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Owner. Within thirty (30) calendar days upon receipt of the above documentation in the form prescribed by these Contract Documents, the Owner will execute the Contract and issue a Notice to Proceed for the Project.

27.02 The following is the anticipated time schedule for execution of the Agreement:

o Bids Received: On the date stated in the Invitation to Bid o Notice of Intent to Award: Within Sixty (60) days after Bid receipt o Submit Insurance Certificates, Bonds and executed Agreement: Within ten (10) days from date of Notice of Intent to Award o Notice to Proceed: Within thirty (30) days of receipt of properly executed Insurance

Certificates, Bonds and Contract o Begin the Work: following receipt of Notice to Proceed o Complete the Work: By the Time indicated in the Contract Documents

Successful Bidders are to expedite the signature of all agreements and the satisfactory provisions of all bonds and insurances to meet this schedule. Time is of the essence for this project.

ARTICLE 28—PAYMENTS

28.01 The Owner shall pay the Contractor for the Work subject to additions and deductions and retainage, in accordance with the unit prices and/or lump sum prices stipulated in his Bid and as outlined in the Agreement.

28.02 Payments shall be made, in monthly installments, according to the valuation of Work done, in accordance with the Contractor’s applications for payment to the extent the same may be approved for payment by the Owner. Such applications shall be made to the Owner not later than the twenty-eighth (28th) day of each month, for work done and materials incorporated into the Work up to the date of the application for payment and, within ten (10) days thereafter, the Owner will direct that payment be made to the Contractor.

28.03 The Owner is hereby authorized to expend so much of the retained percentage as may be required in making repairs and corrections of any defective work, if within seventy-two (72) hours of delivery of written notice to the Contractor, or his agent, he or they shall neglect to make needed repairs and corrections as directed by the Owner.

ARTICLE 29— NOTICE TO SUCCESSFUL BIDDER

29.01 The residence or place of business designated in the bid or proposal is hereby designated as the place to which all notices, letters or other communications shall be served, and to which all notices, letters and other communications shall be mailed or delivered. All notices specifically mentioned herein, and all other communications of any kind which may be hereafter dispatched, may be sent by regular mail and the Successful Bidder shall be deemed to receive said notice. If the communications in question have been addressed to the Successful Bidder at the aforesaid address

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ARTICLE 30—INSPECTIONS

30.01 The Owner, or its authorized representative, may inspect the services being provided pursuant to this contract; and may require the correction of any improper performance or any deficient performance herein through the designated supervisor of the Contractor.

ARTICLE 31—ASSIGNMENTS

31.01 Neither the contract, nor any portion thereof, may be assigned, sub-let, or transferred to any person, firm, or corporation, except upon the written consent and approval of the Owner.

ARTICLE 32—INSURANCE

32.01 The Bidder shall not commence work under the Contract until he has obtained all insurance required under Contract Documents and such insurance has been approved by the Owner nor shall the Bidder allow any subcontractor to commence work on his sub-contract until all insurance requirements have been so met and approved.

32.02 The Bidder shall take out and maintain during the life of this contract, Workers' Compensation

Insurance for all of his employees employed at the site of the project, and in case any work is sublet, the Successful Bidder shall require the subcontractor similarly to provide Workers'

Compensation for all the latter's employed unless such employees are covered by the protection afforded by the Bidder.

32.03 The Bidder shall take out and maintain during the life of this Contract such Public Liability and

Property Damage Insurance as shall protect his and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly with the Owner and the Commonwealth of Pennsylvania identified under such insurance policy as an "additional named insured" with proof (i.e., Certificate of Insurance) of such coverage provided in the amounts noted in Section “SC-6.03 Contractor’s Insurance” of the Supplementary Conditions.

ARTICLE 33—WORKING HOURS

33.01 Allowable working hours shall be Monday through Friday, 6:00 A.M. until 8:00 P.M. and

Saturday 6:00 A.M. until 2:00 P.M. Should the Contractor require and/or prefer working hours that are different from those listed above, Contractor will be required to submit a formal request

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ARTICLE 34—SITE CONDITIONS DURING CONSTRUCTION

34.01 The Contractor will be required to minimize disruption to utilities, operations, etc.

34.02 The Contractor may not have exclusive occupancy of the site. In his operations for Work under this Contract, he shall cooperate with, and coordinate his operations with, those of the Owner, other contractors, trades, and work forces, if required.

34.03 Additional information regarding other work during construction is provided in General

Conditions.

Rolling Hills Landfill ARM Group LLC

BF-1

BID FORM

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Technical Specifications.

1.01 This Bid is submitted to the Delaware County Solid Waste Authority.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Bid Form (with completed Bid Schedule & Acknowledgment of Addenda)

B. Required Bid Bond;

C. Contractor Statement of Qualifications (with supporting documentation);

D. Non-Collusion Affidavit;

E. Self-Certification of No Disbarment, Suspension, or Ineligibility;

F. Memorandum of Understanding; and

G. Hold Harmless Agreement.

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

BF-2

BF-3

3.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

3.03 Bidder accepts the provisions of the Agreement as to liquidated damages.

3.04 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, except that the bids of any bidders who consent thereto may, at the request of the Owner, be held for consideration for such longer period as may be agreed.

3.05 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

3.06 Receipt…