NORTH MANHEIM TOWNSHIP

SCHUYLKILL COUNTY, PENNSYLVANIA

SPECIFICATIONS

FOR

BRIAR ROAD ARCH REPAIRS

MARCH 2026

Prepared by:

1032 James Drive Leesport, PA 19533 Tel (610) 916-8500 Fax (610) 916-8501 sde@sdei.net

26-0164-0193 mailto:sde@sdei.net

BRIAR ROAD ARCH REPAIRS

INDEX

I:\Projects\North Manheim Township\26-0164-0193 Briar Road Arch Repairs\Specs\Front\2 - Index - Contract.docx

SECTION DESCRIPTION PAGES

• ADVERTISEMENT FOR BIDS................................................................................................... 1 and 2

• INSTRUCTIONS TO BIDDERS (EJCDC C-200)........................................................................ 1 thru 15

• QUALIFICATIONS OF BIDDER QUESTIONNAIRE………………………………………………. 1 thru 6

• BID FORM………………………………………………….............................................................. 1 thru 18

• BID BOND (EJCDC C-430)…………………………………………………………………………… 1 and 2

• NOTICE OF INTENT TO AWARD…………………………………………………………………… 1 and 2

• PUBLIC WORKS EMPLOYMENT VERIFICATION FORM……………………………………….. 1

• CONTRACTOR’S STATEMENT OF COMPLIANCE WITH CDL TESTING PROGRAM

REQUIREMENTS……………………………………………………………………………………… 1

• PERFORMANCE BOND (EJCDC C-610)…………………………………………………………... 1 thru 3

• PAYMENT BOND (EJCDC C-615)…………………………………………………………………... 1 thru 3

• AGREEMENT (EJCDC C-520)……………………………………………………………………….. 1 thru 7

• NOTICE OF AWARD (EJCDC C-510)………………………………………………………………. 1

• NOTICE TO PROCEED (EJCDC C-550)……………………………………………………………. 1

• STANDARD GENERAL CONDITIONS (EJCDC C-700)………………………………………….. 1 thru 59

• SUPPLEMENTARY CONDITIONS (EJCDC C-800)………………………………………………. 1 thru 21

• CHANGE ORDER (EJCDC C-941)………………………………………………………………….. 1

• APPLICATION FOR PAYMENT……………………………………………………………………... 1 thru 7

• CERTIFICATE OF SUBSTANTIAL COMPLETION (EJCDC C-625)……………………………. 1 and 2

• ADDENDA

BRIAR ROAD ARCH REPAIRS

INDEX

I:\Projects\North Manheim Township\26-0164-0193 Briar Road Arch Repairs\Specs\Front\2 - Index - Contract.docx

SECTION DESCRIPTION

• TECHNICAL SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

01010 Summary of Work

01011 General Technical Specifications

01040 Working on Existing Infrastructure

01045 Cutting and Patching

01300 Submittals

01310 Construction Schedules

01340 Shop Drawings, Product Data and Samples

01370 Schedule of Values and Applications for Payment

01400 Quality Control

01500 Construction Facilities and Temporary Controls

01505 Mobilization/Demobilization

01700 Contract Closeout

01740 Warranties and Bonds

DIVISION 2 – SITE WORK

02050 Demolition

02228 Waste Material Disposal

02560 Erosion & Sediment Control

DIVISION 3 – CONCRETE

03100 Concrete Formwork

03200 Concrete Reinforcement

03250 Concrete Joints and Embedded Items

03251 Construction, Expansion and Contraction Joints

03300 Cast-in-Place Concrete

03345 Concrete Finishing

03370 Concrete Curing

• APPENDICES

APPENDIX “A” Pennsylvania Prevailing Wage Rates and Associated Notes and Definitions

APPENDIX “B” Affidavit of Release of Liens and Final Waiver of Liens

APPENDIX “C” Consent of Surety to Final Payment

APPENDIX “D” Nondiscrimination/Sexual Harassment Clause

• PROJECT LOCATION MAP

ADVERTISEMENT FOR BIDS

BRIAR ROAD ARCH REPAIRS

ADVERTISEMENT FOR BIDS

Separate sealed bids will be received, by North Manheim Township, Schuylkill County, Pennsylvania online via PennBid for the Briar Road Arch Repairs project until 11:00 A.M. prevailing time, on April 7, 2026. Bids will be opened with results displayed publicly on PennBid. Bids will be reviewed and recommended for award to the lowest qualified Bidder at the Public Meeting of the North Manheim Township Supervisors at their regularly scheduled meeting to be held at 7:00 P.M. prevailing time on April 7, 2026.

All documents and solicitation details are available at no cost on PennBid Bonfire – www.pennbid.bonfirehub.com.

The project generally consists of installing shotcrete to the existing stone arch culvert on Briar Road.

Bidders are directed to ensure that bid submissions are complete as required by the specifications;

incomplete submissions may be deemed non-responsive. All bidders must furnish bid security, Performance Bonds, Payment Bonds and evidence of insurance coverage as required by the Contract Documents. The wages paid on this project will be subject to the Pennsylvania Prevailing Wage Act as amended and supplemented.

North Manheim Township reserves the right to waive any informalities in, or to reject any or all Bids, and to delete any item or portion of an item without affecting the bids on the remaining items or portion of items.

North Manheim Township, Schuylkill County Tami Stump, Secretary/Treasurer http://www.pennbid.bonfirehub.com/

INSTRUCTIONS TO BIDDERS

(EJCDC C-200)

EJCDC® C-200, Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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; Hazardous Environmental Condition; Site Visit and Testing by Bidders; 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………………………………………………………….. 12

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

Article 23 – Retainage ...…………………………..……………………….……………………………….……. 13

Article 24 – Performance Bond, Payment Bond, Agreement, Insurance, Schedule of Values, PENNDOT Highway Restoration and Maintenance Bond ……….………..…………..………13

Article 25 – Pennsylvania Public Works Employment Verification Act ……………..……..………………... 14

Article 26 – Availability of Appropriated Funds .……..……………………………………….………………... 14

Article 27 – Steel Products Procurement Act ..…..……………………………………..……………………... 15

Article 28 - CDL Program Contractor's Statement of Compliance ..….……………………………………... 15

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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 and where the bidding procedures are to be administered. The issuing office for this project is:

Systems Design Engineering, Inc.

1032 James Drive Leesport, Pennsylvania 19533.

B. Owner/Municipality – North Manheim Township 303 Manheim Road Pottsville, Pennsylvania 17901

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Plans and Specifications and other documents constituting the Contract Documents are available at no cost on PennBid – www.pennbid.bonfirehub.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 the bid (a) the Qualifications of Bidder Questionnaire (included in the Bid Documents) establishing its qualifications such as financial data, previous experience, present commitments, and (b) the following additional information:

A. Evidence of Bidder’s Authority to do business in the Commonwealth of Pennsylvania;

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

C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

D. Maintains a permanent place of business with at least five (5) years and preferably ten (10) years’ experience with similar work;

E. Has adequate equipment to do the work properly and expeditiously;

F. Has suitable financial status to meet obligations incidental to the work; and

G. Has successfully completed projects of similar character and magnitude of the Work (provide a list of projects completed within the past 5 years, including the Contract date and a description of the work items, quantities, county where the project is located and the total bid price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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 shall prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. In particular, Bidders shall be prepared to submit a copy of their latest financial statement within 24 hours of bid opening if requested by the Owner/Engineer.

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

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; HAZARDOUS

ENVIRONMENTAL CONDITION; SITE VISIT AND TESTING BY BIDDERS; 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 There are No Reports or Drawings of the type referred to in this representation available for this project.

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) that the engineer has used in preparing the bidding documents.

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 shall 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 Standard 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 Standard General Conditions shall apply.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

4. Geotechnical Baseline Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR). The GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GBR is a Contract Document.

The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GBR, all other Contract Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined.

Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bidding strategies, and Bid prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous 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 Standard 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 Standard General Conditions.

4.03 Hazardous Environmental Condition: There are No Reports or Drawings of the type referred to in this representation available for this project.

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

B. Owner shall make copies of reports and drawings referenced above available to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in 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.

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

4.04 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.

B. Bidder may conduct any subsurface testing, or investigations of Site conditions as Bidder may find necessary to prepare their bid in addition to the information supplied by Owner.

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

4.05 Owner’s Safety Program

A. Site visits and performance of all work at the Site are undertaken by the Contractor and Subcontractors at their own risk. The Contractor and Subcontractors are responsible for implementing their own safety program and agree to hold harmless the Owner and Engineer against any injuries or damages that may occur during site visits or the performance of all work.

4.06 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 shall 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 other related 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 federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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 Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 5.06 of 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;

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 shall 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.

5.02 The Bidder shall not at any time after executing the Contract, make any claims whatsoever alleging insufficient data or incorrectly assumed conditions, nor shall he claim any misunderstanding with regard to the nature, conditions or character of the Work to be done under the Contract, and he shall assume all risks resulting from any changes in the conditions which may occur during the progress of the Work.

5.03 If any Bidder contemplating submitting a Bid for the Project is in doubt as to the true meaning of any part of the Contract Documents, he may submit to the Engineer a written request for an interpretation thereof. Request for interpretations received by the Engineer less than five (5) calendar days prior to the time of opening of Bids will not be answered. The Bidder submitting the request will be responsible for its prompt and actual delivery. Any interpretation of such documents will be made only by addendum duly issued; a copy of such addendum will be provided on PennBid to each Bidder receiving a set of bid documents. The Owner and Engineer will not be responsible for any other explanations or interpretations of such documents which anyone presumes to make on behalf of the Owner or Engineer. In the event any provisions of the contract documents are inconsistent, the most stringent provisions shall be fulfilled by the Contractor.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

5.04 Any borings, soundings, test piles, earth, rock, subsurface conditions and locations of and nature of existing underground structures, pipes, and conduits shown or indicated on Drawings are for the information of the Owner, the correctness of the information is not guaranteed by the Owner and in no event is this information to be considered as part of the Contract. There is no certainty of the accuracy of this information, and the location thereof may be inaccurate and other items or obstructions than those shown may be encountered. The Contractor hereby distinctly agrees that the Owner is not responsible for the correctness or sufficiency of the information given; that in no event is this information to be considered as a part of the Contract; that he shall have no claim for delay or extra compensation on account of incorrectness of information given, or on account of the insufficiency or absence of information regarding underground items or obstruction either revealed or not revealed by the drawings; and that he shall have no claim for relief from any obligation or responsibility under the Contract; in case the location, size or character of any underground item or structure is not as indicated on the Drawings, or in case any underground item or structure is encountered that is not shown on the Drawings.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A non-mandatory pre-bid conference shall be held at the time and location stated in the advertisement to bid. Representatives of the Owner and Engineer shall be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. The contractor shall post on PennBid any questions arising at the conference. The Engineer shall transmit to all prospective Bidders of record as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and shall 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 on PennBid as stipulated prior to the date for opening Bids via the “Clarifications” feature in PennBid.

Interpretations or clarifications considered necessary by Engineer in response to such questions shall be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received after the question period or as stated elsewhere prior to the date for opening of Bids may not be answered. Only questions answered by Addenda shall be binding.

Oral and other interpretations or clarifications shall be without legal effect.

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

7.03 Any questions answered outside of the parameters described above are neither valid, nor binding upon the Owner.

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, all alternate, and all supplemental bid items) and in the form of a certified check, bank money order, or a Bid bond (EJCDC C-410, form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraph 6.01 of the Standard General Conditions. If by Certified Check, Bidder shall upload scan of check in lieu of Bid Bond, with the condition that the apparent low bidder shall provide the original of same check to the Owner no later than 30 days after bid opening.

8.02 If the Project contains more than one (1) Contract, and the Bidder is bidding on more than one (1) Contract, a single Bid bond equaling the combined amounts for the Contracts being bid may be submitted in lieu of separate Bid bonds for each Contract.

8.03 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 Agreement, furnished the required contract

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

security, and met the other conditions of the Notice of Intent to Award, whereupon the Bid security shall be released. If the Successful Bidder fails to execute and deliver the executed Agreement and furnish the required Performance Bond, and Payment Bond within ten (10) calendar days after receipt of the Notice of Intent to Award, Owner may consider Bidder to be in default, annul the Notice of Intent to Award, and the Bid security of that Bidder shall be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.04 The Bid security of other bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven (7) days after the Effective Date of the Contract or sixty-one (61) calendar days after the Bid opening, whereupon Bid security furnished by such Bidders shall be returned.

8.05 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven (7) calendar 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 ready for final payment are set forth in Article 4 of the Agreement. For the purpose of scheduling the Work, ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in Article 4 of the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for Work, as awarded, shall be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment shall be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by the Engineer at least ten (10) days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the Standard General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item shall be final. If Engineer approves any such proposed substitute item, such approval shall be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

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

11.03 These Specifications and accompanying Drawings specify and show equipment and materials deemed most suitable for the service anticipated. This is not done, however, to eliminate other products equally as good and efficient. The Bidder shall prepare his Bid on the basis of the particular equipment and materials specified herein and as shown on the Drawings, for the purpose of determining the low bid. The awarding of the Contract shall constitute a contractual obligation to furnish the specified equipment and materials.

11.04 After execution of the Contract, should the Contractor desire to substitute equipment other than the equipment specified herein, such substitution shall be superior in construction and efficiency to that

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

specified herein. The Contractor shall furnish data to the Engineer which supports that a higher quality has been demonstrated by service in a similar installation. It is the responsibility of the Contractor to provide the following for approval by the Owner and the Engineer:

A. In the event the Contractor obtains the Engineer’s approval of equipment other than that for which the design was originally laid out, the Contractor shall at his own expense, make any changes in the structures, buildings or piping necessary to accommodate the equipment, and shall provide Drawings to the Engineer for approval.

B. It will be assumed that the cost to the Contractor of the equipment proposed to be substituted is less than that of the equipment specified in the Contract and if substitution is approved, the Contract Price shall be reduced by an amount equal to the savings. The amount of deduction shall be indicated in the Bid for the proposed substitution accordingly.

C. All costs for the review of the substitution data by the Engineer shall be the responsibility of the Contractor. The Engineer will submit an invoice to the Contractor for all review fees. Failure to pay these fees will be cause for unacceptance of the proposed substitution.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall submit with the bid the list of Subcontractors or Suppliers proposed unless permitted otherwise, then within five (5) days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed.

12.04 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 shall 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.

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

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents for reference.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

A. Bidders shall complete the electronic Bid Form in PennBid, inclusive of all required supporting documents as identified herein. A Bid price shall be indicated for each section, Base Bid item, Alternate and Supplemental Bid item, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific Alternate or Supplemental item is optional, and Bidder elects to not furnish pricing for such optional Alternate or Supplemental item, then Bidder may select the “No Bid” checkbox next to that line.

13.02 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 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 official business address of the partnership shall be provided on the Bid Form.

13.04 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 sign. The state of formation of the firm and the official address of the firm shall be shown.

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

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture 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 Commonwealth of Pennsylvania, 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 online via the PennBid Program (www.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.

14.02 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item shall be the product of the “Estimated Quantity” (which Owner or its representative has set forth in

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the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items shall be the sum of these “Bid Prices”; such total shall be used by Owner for Bid comparison purposes. The final quantities and Contract Price shall be determined in accordance with Paragraph 13.03 of the Standard General Conditions.

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

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 Standard General Conditions.

14.04 Submission of a Complete Bid

A. The Bidder shall submit a cost for all items listed on the Bid Form, unless specifically noted otherwise.

ARTICLE 15 – SUBMITTAL OF BID

15.01 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.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn prior to the date and time for the opening of Bids.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must “withdraw and edit” its initial Bid within PennBid and submit a new Bid prior to the date and time for the opening of Bids. More than one Bid for the same Work from an individual or entity under the same or different names will not be considered.

16.03 If within 48 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of the No Bid may be withdrawn for a period of sixty (60) days after the specified date for receiving, opening, and reading of Bids, except as specifically provided by law.

ARTICLE 17 – OPENING OF BIDS

17.01 A summary of bids received will be displayed on PennBid immediately after bid opening, the time of which is listed in the Invitation to Bid. It should be noted that bid results are subject to further review and should not be construed as issuance of an award. Bids will be presented at the Public Meeting of Borough of Deer Lake at their regularly scheduled meeting. The consideration of the apparent low bidder will be at the regularly scheduled Borough Council meeting to be held at 6:00 P.M. prevailing time on November 11, 2025. An abstract of the amounts of the Base Bids and major alternate and supplemental bid items, if any, shall be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Each contract shall be awarded to one (1) responsible Bidder.

19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner shall 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 shall reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

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

19.04 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 shall be awarded by the Owner to the lowest responsible Bidder within sixty (60) days of the date of bid opening, or all bids shall be rejected except as otherwise provided. If the award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant or grants, the Owner shall reject all bids or award the Contract to the lowest responsible Bidder within one-hundred twenty (120) days of the date of bid opening. Thirty (30) day extensions of the date for the award may be made by the mutual written consent of the Owner and the lowest responsible Bidder.

19.05 Evaluation of Bids

A. In evaluating Bids, Owner shall 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 shall 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.

19.06 In evaluating whether a Bidder is responsible, Owner shall 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.

19.07 In evaluating whether a Bidder is qualified, Owner may consider any Bidder who has demonstrated poor performance during either a present or previous contract with the Owner to be unqualified and reject their bid accordingly. The Owner reserves the right to exercise this option as is deemed proper and/or necessary.

19.08 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. By submitting a Bid, Bidders consent to the release to the Owner of any and all information deemed necessary by the Owner to allow for such investigation.

19.09 If the Contract is to be awarded, Owner shall award the Contract to the responsible Bidder whose Bid is in the best interests of the Project, conforming with all material terms and conditions of the Instructions to Bidders, is the lowest price and other factors considered.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

19.10 Bidders shall note that the Owner reserves the right to award the Contract(s) to the lowest responsible Bidder respectively as follows (as applicable): Base Bid only, Base Bid with Alternate Bid items only, Base Bid with Supplemental Bid items only, Base Bid with Supplemental Bid items and Alternate Bid items, Base Bid all Contracts combined, or Base Bid Contracts individually, as applicable and as noted on the Bid Form. The Owner reserves the right to delete portions of the Project listed under the Base Bid Items, Alternate Bid Items, or Supplemental Bid Items for work under the Contract(s) based upon budget constraints. Each Bidder shall bid accordingly.

19.11 The lowest responsible Bidder must comply with the Public Works Employment Verification Act by submitting a Public Works Employment Verification Form to the Authority prior to award of each Contract. The Form and relevant information can be found on the Department of General Services’ web site at www.dgs.state.pa.us. A copy of the Public Works Employment Verification Form has also been included in the Contract Documents.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the Standard 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 the required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues the Notice of Intent to 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 ten (10) days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds, insurance documentation, and other documentation required to be delivered by the Contract Documents) to Owner.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner may be exempt from Federal Excise and Pennsylvania sales and use taxes on certain 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.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24 – PERFORMANCE BOND, PAYMENT BOND, AGREEMENT, INSURANCE, SCHEDULE

OF VALUES, AND PENNDOT HIGHWAY RESTORATION AND MAINTENANCE BOND

(AS APPLICABLE)

24.01 The Successful Bidder shall, within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” the Contract to such Bidder, furnish to the Owner an executed Performance Bond, in the form set forth in the Contract Documents, with corporate surety guaranteeing that the Work shall be done according to the Contract Documents. The Performance Bond shall be in the amount of ONE HUNDRED PERCENT (100%) of the Contract Price.

24.02 In addition to the Performance Bond the successful Bidder shall, within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” the Contract to such Bidder, furnish to the Owner an executed Payment Bond, in the form set forth in the Contract Documents, with corporate surety conditioned for the prompt payment for all material furnished and labor supplied or performed in the prosecution of the Work, whether or not the said material or labor entered into and became component parts of the Work or improvement contemplated by the Contract Documents. The http://www.dgs.state.pa.us/

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Payment Bond shall be in the amount of the ONE HUNDRED PERCENT (100%) of the Contract Price.

24.03 Bidders shall also note, the Successful Bidder within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” shall furnish to the Owner an executed Agreement, in the form set forth in the Contract Documents and the required Insurance Certificates as set forth in the Contract Documents naming all as required to be additional insured.

24.04 Corporate Surety of Sureties shall be approved Company or Companies authorized to do business in the Commonwealth of Pennsylvania as required by Public Works Contractor’s Bond Law of 1967, approved on December 20, 1967 (P.O. 191, et seq.).

24.05 In addition to the Bonds, Agreement and Insurance, the successful Bidder, if requested, shall furnish an electronic Schedule of Values to the Owner and Engineer.

24.06 If the Project Work is being performed under a PADOT Highway Occupancy Permit, Bidders shall also note the successful Bidder within ten (10) calendar days from the date or receipt of the “Notice of Intent to Award” of the Contract to such Bidder shall furnish to the Owner, as applicable, an executed Highway…