1-Proejct Manual - Final.pdf

PROJECT MANUAL

Willow Avenue Water Main

Replacement

Borough of Walnutport

WALNUTPORT, PA

September 2026

Specification No. 100982.0102

2026 Spotts, Stevens and McCoy

SPOTTS | STEVENS | MCCOY

ssmgroup.com

PROJECT MANUAL

Borough of Walnutport Walnutport, PA

Willow Avenue Water Main Replacement

September 2026

For more information on this project, please contact:

Jason Newhard, CCM Spotts, Stevens and McCoy 1605 N. Cedar Crest Blvd, Suite 106 Allentown, PA 18104 Phone: (484) 821-5258 Fax: (610) 621-2001 E-mail: jason.newhard@ssmgroup.com

Specification No. 100982.0102

2026 Spotts, Stevens and McCoy

Spotts, Stevens and McCoy Table of Contents TOC - 1

BOROUGH OF Walnutport

WALNUTPORT, PA

Willow Avenue Water Main Replacement

PROJECT MANUAL

TABLE OF CONTENTS

INTRODUCTORY PAGES

-- Title Sheet -- Table of Contents

BIDDING REQUIREMENTS

0100PB PennBID Instructions C-111 Advertisement for Bids C-200 Instructions to Bidders C-410 Bid Form C-430 Bid Bond C-451 Bidders Sworn Qualification Statement 00480 Noncollusion Affidavit

CONTRACT FORMS

C-510 Notice of Award C-520 Agreement between Owner and Contractor C-550 Notice to Proceed C-610 Performance Bond C-615 Payment Bond C-620 Contractor�s Application for Payment C-625 Certificate of Substantial Completion 00635 Workers' Compensation Affidavit

CONTRACT CONDITIONS

C-700 General Conditions

Exhibit B � CDBG Funded Regulations Davis-Bacon Federal Wage Rates � PA 20260006

C-800 Supplementary Conditions C-850 PA Public Works Verification Form

ADDITIONAL PROJECT FORMS

C-930 Consent of Surety Company to Final Payment C-940 Work Change Directive

C-941 Change Order C-942 Field Order

Spotts, Stevens and McCoy Table of Contents TOC - 2

TECHNICAL SPECIFICATIONS

DIVISION 01 � GENERAL REQUIREMENTS

Section Title 011000 Summary 012000 Price and Payment Procedures 012500 Substitution Procedures 013000 Administrative Requirements 013300 Submittal Procedures 014000 Quality Requirements 015000 Temporary Facilities and Controls 016000 Product Requirements 017000 Execution and Closeout Requirements

DIVISION 03 � CONCRETE

033003 Concrete for Utility Construction

DIVISION 31 � EARTHWORK

312316 Trenching

DIVISION 32 �EXTERIOR IMPROVEMENTS

321216 Asphalt Paving 321723 Pavement Markings 329200 Turfs and Grasses

DIVISION 33 � UTILITIES

330110 Disinfection of Water Utility Piping Systems 330505 Hydrostatic Testing 330509 Thrust Restraint for Utility Piping 331413 Public Water Utility Distribution Piping 331419 Valves and Hydrants for Water Utility Service

Spotts, Stevens, and McCoy 00100PB-1 100982.0102 4/6/18

PennBid Instructions to Bidders

For Bidders and vendors Using the PennBid� electronic bid management system to respond to this Request-for-Bids

The Walnutport Authority along with many PA municipalities, Authorities, and private firms is utilizing the

PennBid� electronic procurement Program for their solicitations, RFPs, and RFQs. Using PennBid is beneficial to both the agencies as well as the bidders. Costs and bidding effort is greatly reduced as bid documents are available online, all questions and answers are transmitted by email, and sealed bids can be submitted and updated online. Interested bidders need to register only once, a free process that takes only a few minutes. Once registered, bidders have access to publically available bids and solicitations from every Agency within PennBid, plus are available for By-Invitation-Only RFPs and RFQs. Bidders can obtain all project documents and submit and update their confidential bids online.

Sealed Bid Confidentiality � The confidentiality of the sealed bid system is a cornerstone of the PennBid

Program. At no time before Bid Opening can anyone see your electronic bid.

Confidentiality of Identity � When questions are asked and answered, bidder identity is not disclosed to other bidders.

1. Documents � All documents may be downloaded directly to your computer. Documents can be electronically sent to your suppliers and sub contractors.

2. Being added to the �Bidders List� � By downloading any document, you are automatically added to the list of bidders for this solicitation.

3. Questions � by clicking on the �Questions� tab, you can see all questions that have been asked and answered related to this solicitation. You can also ask questions directly through this tab. When the agency answers the question, both the question and answer is emailed directly to all bidders.

4. Submitting and Updating Bids � You may submit and update your bid anytime up to the bid due date and time by clicking on the �Bid� tab. You need only to provide the per unit price. The PennBid Program will automatically calculate the extended price (no more math errors). You can update any line item without affecting the rest of your Bid.

What to submit with this bid

Click on the �Bid� tab

▪ Enter Schedule of Prices.

o Note: the electronic spreadsheet has default setting of 4 decimal places. In evaluating bids, awarding a contract, and managing the contract, prices will be rounded to two decimal places.

o Note: Quantities shown on the bid form are estimated quantities and are not guaranteed.

The electronic bid form defaults to 4 decimal places but this in no way implies a higher degree of accuracy on the quantity. Quantities shown are estimates solely for the purpose of comparing bids and determining an initial Contract Price.

▪ Attach a single electronic file or zipped folder containing scanned copies of the documents listed below:

Spotts, Stevens, and McCoy 00100PB-2 100982.0102 o Bid Form (C-410)) o Bid Security (C-430 if Bid Bond) o Bidder�s Sworn Qualification Statement with all required Attachments (C-451) o Noncollusion Affidavit (C-480)

Important Note 1 � After the bid opening, the apparent low bidder is required to submit to the Engineer, the original form and signature Bid Documents within three (3) business days from the Bid Opening date.

Original signature documents include Bid Form (C-410), Bid Security (C-430 if Bid Bond), Bidder�s Sworn Qualification Statement with attachments (C-451), full copy of an audited financial statement for most recent year and Noncollusion Affidavit (C-480).

Failure to submit original signature documents within the time specified will be considered as nonresponsive and may be cause for the Owner�s rejection of your bid.

Important Note 2 - If the PennBid Program is idle for 50 minutes, a logout warning will appear. Bidders must acknowledge. If bidder does not acknowledge that they want to continue working, they will be logged out and bidder�s data will not be saved or submitted.

How to submit your bid

The Bid tab contains the electronic bid form. All Per Unit Price fields must be filled out. PennBid will automatically complete the line extensions and bid totals. At the bottom of the page, check the Verification Statement and click Submit Bid. Completed bid form can be printed or saved to Excel by clicking the icons in the middle of the bid form page.

Submitting documents with electronic bid

An electronic copy of the documents listed above is to be submitted with the electronic bid. To attach these documents:

1. Fill out required documents and scan to create a single electronic file or save as a single zipped folder containing all documents

2. From the Bid tab, click on �browse� (middle of the page), then click on the file or zipped folder name. The file will be attached to your bid submission when the Submit Bid button is clicked.

Important Note 3 � when uploading a proposal or other document, the maximum individual file or folder size is 20Mb.

Verifying that your bid was submitted

If submitted properly, you will receive an acknowledgement appearing in the middle of your screen saying �Your bid has been submitted�.

Withdrawing Your Bid

You may withdraw your bid anytime up to bid due date and time by simply clicking on Withdraw Bid, located at the bottom of the Bid tab.

Help Guides

There are several Help Guides available from the PennBid� Home Page.

Spotts, Stevens, and McCoy 00100PB-3 100982.0102

Additional Support

If additional support is needed, click on the �Contact Us� button located at the upper right of each

PennBid screen or call us at (610) 732-4224.

END OF SECTION

EjCDC C-111 2013 Advertisement for Bids Page 00111-1 Spotts, Stevens and McCoy 105178.0044

ADVERTISEMENT FOR BIDS

Sealed Bids for the Willow Avenue Water Main Replacement Project will be received online by the Borough of Walnutport, Northampton County, Pennsylvania until 10:00 am local time on November 3, 2026. Online bids shall be submitted by way of the PennBid Program. Paper bids will not be accepted for this project. All documents and solicitation details are available online at no cost except to the successful bidder at PennBid – http://pennbid.bonfirehub.com

The Project consists of: Installation of approximately 1,400 LF of 6-inch water main, 15 residential service lines, ties to existing mains, associated fittings and valves, restoration of disturbed areas and overlay paving of streets.

Bid security shall be furnished in accordance with the Instructions to Bidders. Federal Davis Bacon Wage Rates Apply, Section 3 Labor Requirements and MBE/WBE Solicitations are required and specific requirements are contained in the contract documents. Performance and Payment Security equal to 100% of the contract amount is required.

The Borough of Walnutport, Owner, hereby reserves the right, which is understood and agreed to by all bidders, to refuse and reject any or all bids submitted, or portions thereof, and also reserves the right to waive any informality in bids received.

+ + END OF ADVERTISEMENT FOR BIDS + +

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200- i

Spotts, Stevens and McCoy 100982.0102

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

ARTICLE 1 � Defined Terms

ARTICLE 2 � Copies of Bidding Documents

ARTICLE 3 � Qualifications of Bidders

ARTICLE 4 � Site and Other Areas; Existing Site Conditions; Examination of Site; Owner�s Safety Program;

Other Work at the Site

ARTICLE 5 � Bidder�s Representations

ARTICLE 6 � Pre-Bid Conference

ARTICLE 7 � Interpretations and Addenda

ARTICLE 8 � Bid Security

ARTICLE 9 � Contract Times

ARTICLE 10 � Liquidated Damages

ARTICLE 11 � Substitute and �Or-Equal� Items

ARTICLE 12 � Subcontractors, Suppliers, and Others

ARTICLE 13 � Preparation of Bid

ARTICLE 14 � Basis of Bid

ARTICLE 15 � Submittal of Bid

ARTICLE 16 � Modification and Withdrawal of Bid

ARTICLE 17 � Opening of Bids

ARTICLE 18 � Bids to Remain Subject to Acceptance

ARTICLE 19 � Evaluation of Bids and Award of Contract

ARTICLE 20 � Bonds and Insurance

ARTICLE 21 � Signing of Agreement

ARTICLE 22 � Sales and Use Taxes

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200-1

ARTICLE 1 � DEFINED TERMS

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

A. Issuing Office � The office from which the Bidding Documents are to be issued, which for this project is identified in the Advertisement for bids.

B. Bidder � one who submits a Bid directly to Owner as distinct from a sub bidder, who submits a bid to a Bidder.

ARTICLE 2 � COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents are available online for no fee (except to the successful bidder) by way of the PennBid Program (www.pennbid.procureware.com).

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

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

ARTICLE 3 � QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder�s qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) whether the bidder:

A. Maintains a permanent place of business.

B. Has a bidder�s state or other contractor license number.

C. Has adequate equipment to do the Work properly and expeditiously.

D. Has suitable financial status to meet the obligations incident to the Work.

E. Has had recent experience on projects of similar character and magnitude.

F. Has qualifications to do business in the state where the Project is located.

Owner may require the Bidder to furnish proof of the foregoing.

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

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

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

3.05 Owner reserves the right to reject the proposal of any bidder who the Owner feels does not possess satisfactory qualifications.

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200-2

ARTICLE 4 � SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER�S SAFETY

PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

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

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

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

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

c. reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the

Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract

Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

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

Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the

General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or

Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200-3

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. The required site visit shall be scheduled with the Owner ahead of time.

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

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on

Owner�s authority regarding the Site.

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

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

4.04 Owner�s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General

Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary

Conditions.

4.05 Other Work at the Site

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

ARTICLE 5 � BIDDER�S REPRESENTATIONS

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

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

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

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

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

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200-4

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

Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the

Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3)

Bidder�s safety precautions and programs;

No reports for this site.

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

G. become aware of the general nature of the work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by

Engineer is acceptable to Bidder;

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

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

Bidding Documents.

ARTICLE 6 � PRE-BID CONFERENCE � NONE SCHEDULED FOR THIS PROJECT

6.01 A pre-Bid conference will be held at the time and location stated in the Advertisement for Bids.

Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to 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.

ARTICLE 7 � INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding

Documents. Questions received less than seven days prior to the date for

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200-5 opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

7.03 Addenda, if any, will be issued to only those persons whose name and address are on record with the

Engineer as having obtained Contract Documents.

ARTICLE 8 � BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10%) percent of Bidder�s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding

Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General

Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider

Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner�s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the

Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9 � CONTRACT TIMES

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

ARTICLE 10 � LIQUIDATED DAMAGES

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

ARTICLE 11 � SUBSTITUTE AND �OR-EQUAL� ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or �or-equal� items. In cases in which the Contract allows the

Contractor to request that Engineer authorize the use of a substitute or �or-equal� item of material or equipment, application for such acceptance may not be made to and will not be considered by

Engineer until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200-6 supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of �or-equal� or substitution requests are made at Bidder�s sole risk.

ARTICLE 12 � SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of a 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 the Subcontractors or Suppliers proposed for the following portions of the Work for which such identification is required.

12.02 If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such

Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder�s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of

Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 � PREPARATION OF BID

13.01 The electronic portion of the Bid Form is available anytime by clicking on �Bid� within the PennBid website for the Project. All blanks in the electronic bid form must be completed.

A. Additionally, each Bidder shall print, fill out, scan and upload to the PennBid site a paper copy of the Bid Form, Bid Security (if Bid Bond use form C-430), Bidder�s Sworn Qualification Statement with all required attachments, and Non Collusion Statement. Refer to Section 00100PB entitled

�PennBid Instructions to Bidders� for additional details.

If Bidder elects to use a certified or bank check in place of a Bid Bond, in addition to a scanned copy of the check, the original signature check must be delivered to Owner prior to the time of the bid opening.

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

13.03 On the scanned bid form a Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership�s address for receiving notices shall be shown.

13.04 On the scanned bid form a Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200-7 sign. The state of formation of the firm and the firm�s address for receiving notices shall be shown.

13.05 On the scanned bid form, a Bid by an individual shall show the Bidder�s name and address for receiving notices.

13.06 On the scanned bid form a Bid by a joint venture shall be executed by an authorized representative of each joint venture in the manner indicated on the Bid Form. The joint venture�s address for receiving notices shall be shown.

13.07 All names shall be printed in ink below the signatures.

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

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder�s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder�s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 � BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form. Discrepancies between words and figures will be resolved in favor of words.

14.02 Unit Price

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

B. 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.

C. 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 words.

14.03 Allowances

A. For cash allowances 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.

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200-8

ARTICLE 15 � SUBMITTAL OF BID

15.01 The electronic Bid Form and electronic Schedule of Prices are provided on the PennBid website and shall be completed and submitted by way of the PennBid website.

15.02 Bids shall be submitted through the PennBid website exclusively. No bid will be opened that is hand delivered, mailed or transmitted by facsimile process. No paper bids will be accepted for this work, only electronic bids submitted through the PennBid program.

15.03 A response, number or value must be provided for all blanks and all questions on the forms. All pages for the forms must be submitted with the Bid.

15.04 A single electronic file or zipped folder containing scanned copies of documents listed in Article 13 shall be uploaded.

ARTICLE 16 � MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn electronically anytime up to the due date and time of the bid opening.

16.02 If within two (2) 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, that Bidder may withdraw its Bid in accordance with Commonwealth of Pennsylvania law and statutes (including but not limited to

Pennsylvania Act of January 23, 1974 as may be amended), and the Bid security will be returned.

Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 � OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement for Bid. Bid results will be displayed online shortly thereafter

ARTICLE 18 � BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for sixty (60) calendar days after the day of the Bid opening, unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event, the bids shall remain open for a period of one hundred twenty (120) calendar days from the date of the bid opening. The Owner will either award the contract within the applicable time period or reject all Bids, returning the Bid Security to the Bidders.

A thirty (30) calendar day time extension of the date for the award may be made by the mutual written consent of the Owner and the lowest responsible bidder.

ARTICLE 19 � EVALUATION OF BIDS AND AWARD OF CONTRACT

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

Bid as nonresponsive. Owner may also 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. Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. The owner reserves the right to waive at its discretion any

EJCDC® C-200 (Rev. 1) 2013 Instructions to Bidders - PennBid Page 00200-9 discrepancies or inconsistencies which do not materially affect the Proposal, and are capable of reasonable resolution within the discretion of the Owner.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

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

Form or prior to the Notice of Award.

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

19.04 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.

19.05 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.

ARTICLE 20 � BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth

Owner�s requirements as to performance and payment bonds and insurance. When the Successful

Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 � SIGNING OF AGREEMENT

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

ARTICLE 22 � SALES AND USE TAXES

22.01 Owner may be exempt from Pennsylvania state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

++ END OF INSTRUCTIONS TO BIDDERS ++

EJCDC® C-410, 2013 Bid Form for Construction Contracts Page 00410-i

BID FORM

Willow Avenue Water Main Replacement Project

Contract 1 – General Construction

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid

Article 6 – Time of Completion

Article 7 – Attachments to this Bid

Article 8 – Defined Terms

Article 9 – Bid Submittal

EJCDC® C-410, 2013 Bid Form for Construction Contracts Page 00410-1

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Walnutport Borough 417 Lincoln Ave Walnutport, PA 18088

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 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the 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 Bid opening, unless award is delayed by a required approval from a government agency, the sale of bonds, or the award of a grant, in which event, the Bids shall remain open for a period of one hundred twenty (120) calendar days from the date of bid opening. The Owner will either award the contract within the applicable time period or reject all Bids, returning the Bid Security to the Bidders. A thirty (30) day time extension of the date for the award may be made by the mutual written consent of the Owner and the lowest responsible, responsive Bidder.

2.02 Bidder will sign and submit the Agreement along with the Bonds and other documents requires by the Bidding Requirement within the time period indicated in the Notice of Award.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all 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 subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and

EJCDC® C-410, 2013 Bid Form for Construction Contracts Page 00410-2 drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

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

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

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

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

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

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner, and

E. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.E:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at

EJCDC® C-410, 2013 Bid Form for Construction Contracts Page 00410-3 artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following Lump Sum and Unit Price(s):

SCHEDULE OF PRICES

Item Qty. Unit Description Unit Price Total

Water Main Construction

1. 1 LS Mobilization/Demobilization.

2. 1 LS Bonds and Insurance.

Willow Avenue

3. 1015 LF

Furnish and install 6” DIP water main complete in place including temporary paving.

4. 3 Each

Furnish and install 6”gate valve and box complete in place.

5. 800 lbs.

Furnish and install required fittings, couplings, and joint restraints complete in place

6. 1 Each

Furnish and install fire hydrant complete in place including temporary paving.

7. 14 Each

Furnish and install complete in place 3/4" corporation

8. 14 Each place 3/4" curb valve and box

9. 275 LF

place 3/4" copper water service lines

10. 1 LS

Shut down and tie in on Spruce

Street.

EJCDC® C-410, 2013 Bid Form for Construction Contracts Page 00410-4

Item Qty. Unit Description Unit Price Total

11. 1 Each Furnish and install in place 2” blow off.

12. 570 SY

Furnish and install trench flexible pavement restoration, complete in place

13. 3,305 SY

Full cartway Milling and

Overlay 1 ½” depth

14. 20 SY

Restoration of non-paved areas.

Maple St

15. 350 LF

Furnish and install 6” DIP water main complete in place including temporary paving

16. 2 Each

Furnish and install 6”gate valve and box complete in place.

17. 216 lbs.

Furnish and install required fittings, couplings, and joint restraints complete in place

18. 1 Each place 3/4" corporation

19. 1 Each place 3/4" curb valve and box

20. 15 LF

place 3/4" copper water service lines

21. 200 SY

Furnish and install trench flexible pavement restoration, complete in place

22. 1,160 SY

Full cartway Milling and

Overlay 1 ½” depth.

23. 5 SY

Restoration of non-paved areas.

24. 5 CY

Additional concrete complete in place as directed by Owner or Engineer.

EJCDC® C-410, 2013 Bid Form for Construction Contracts Page 00410-5

Item Qty. Unit Description Unit Price Total

25. 1 LS

Allowance for additional Work as directed by Owner or

Engineer 10,000 10,000

Total of All Lump Sum and Unit Price Items 1 through 25 equals the Total Bid Price

Total Amount of Bid in written words

The Contract will be awarded to the responsive Bidder with the lowest Total Bid Price of all Lump Sum and Unit Price bid items for the Base Bid – Item Nos. 1 - 25. Alternates may be considered and awarded upon the award to the lowest responsible bidder for items 1 through 14 inclusive.

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

The use of the word “complete” or “in place” in the Schedule of Prices shall be understood to mean the item of Work includes all labor, materials, tools, equipment, excavation (regardless of material encountered), backfill, restoration, reseeding and incidental work necessary to complete the item.

All specified cash allowances are included in the price(s) set forth above, and have been computed in accordance with Paragraph 13.02 of the General Conditions.

ARTICLE 6 – TIME OF COMPLETION

6.01 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.

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

ARTICLE 7 – ATTACHMENTS TO THIS BID

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

A. Required Bid security; if Bid Bond use only the two page form included with the Bidding Documents;

B. Noncolllusion Affidavit;

C. Required Bidder Qualification Statement with supporting data; and

D. Public Works Verification Form – Act 127

ARTICLE 8 – DEFINED TERMS

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

EJCDC® C-410, 2013 Bid Form for Construction Contracts Page 00410-6

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to…