2-2025.09.16 Project Manual.pdf

613 Baltimore Drive, Suite 300, Wilkes-Barre, PA 18702 | verdantas.com 1

PROJECT MANUAL

Kingston Borough Keiper Park Tennis & Pickleball Project

Department Of Conservation And Natural Resources Community Conservation Partnerships Program Keystone Recreation, Park and Conservation Fun

BRC-PRD-28-192

Kingston Borough, Luzerne County, Pennsylvania

Prepared for:

The Municipality of Kingston 500 Wyoming Ave Kingston, PA 18704

Checked By: ___SAS________________________ Manual Number:________________________

SStiner Image

SStiner Text Box 2024.09.16

SStiner Text Box 2025.09.16

TABLE OF CONTENTS

BIDDING REQUIREMENTS, FORMS, AND NUMBER OF PAGES

CONDITIONS OF THE CONTRACT

SECTION 00 11 16 - INVITATION FOR BIDS 1

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS 11

SECTION 00 22 13 - PENNBID INSTRUCTIONS FOR BIDDERS AND VENDORS 1

SECTION 00 41 13 - BID FORM 10

SECTION 00 43 13 - BID BOND 2

SECTION 00 45 13 - QUALIFICATION STATEMENT 12

SECTION 00 45 26 - AFFIDAVIT ACCEPTING PROVISIONS OF THE WORKMENS COMPENSATION ACT 1

SECTION 00 45 46.1 - NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE 2

SECTION 00 45 46.2 - EMPLOYMENT ELIGIBILITY VERIFICATION COMPLIANCE FORM 1

SECTION 00 45 46.3 - PUBLIC WORKS EMPLOYMENT VERIFICATION FORM 1

SECTION 00 45 19 - NON-COLLUSION AFFIDAVIT (INCLUDING INSTRUCTIONS) 3

SECTION 00 45 33 - CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY 4

SECTION 00 45 36 - CERTIFICATION OF NON SEGREGATED FACILITIES 1

SECTION 00 52 13 - AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION

CONTRACT (STIPULATED PRICE) 7

SECTION 00 61 13.13 - PERFORMANCE BOND 4

SECTION 00 61 13.16 - PAYMENT BOND 4

SECTION 00 62 76 - CONTRACTOR’S APPLICATION FOR PAYMENT 6

SECTION 00 72 13 - STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 75

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS (INCLUDING WAGE RATES) 39

GENERAL REQUIREMENTS

SECTION 01 00 00 - GENERAL REQUIREMENTS 9

TECHNICAL SPECIFICATIONS

SECTION 01 50 00 - TEMPORARY FACILITIES AND CONTROLS 3

SECTION 01 57 13 - TEMPORARY EROSION AND SEDIMENT CONTROL 5

SECTION 01 58 13 - TEMPORARY PROJECT SIGNAGE 2

SECTION 02 41 00 - DEMOLITION 4

SECTION 26 05 19 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 6

SECTION 26 05 26 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 4

SECTION 26 05 29 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

SECTION 26 05 34 - CONDUIT 4

SECTION 26 05 37 - BOXES 4

SECTION 26 05 53 - IDENTIFICATION FOR ELECTRICAL SYSTEMS 3

SECTION 26 24 16 - PANELBOARDS 4

SECTION 31 22 00 - GRADING 4

SECTION 31 23 16 - EXCAVATION 4

SECTION 31 23 16.13 - TRENCHING 5

SECTION 31 23 16.26 - ROCK REMOVAL 2

SECTION 31 23 23 - FILL 5

SECTION 32 11 23 - AGGREGATE BASE COURSES 4

SECTION 32 12 16 - ASPHALT PAVING 5

SECTION 32 18 23 - TENNIS SURFACING 5

SECTION 32 18 25 - NETS 3

SECTION 32 92 19 - SEEDING 4

INVITATION FOR BIDS 00 11 16-1

INVITATION TO BID

The Municipality of Kingston will receive Bids online for the Keiper Park Tennis & Pickleball Project, generally consisting of the construction of a tennis court resurfacing, tennis court appurtenances, fencing, site lighting and all incidental work related thereto. Sealed Bids shall be submitted online via the PennBid Program until

12:00 p.m. (local time) on the 2nd day of October, 2025. Bids will be publicly opened at that time at the offices of Verdantas, located at 613 Baltimore Drive, Suite 300, Wilkes-Barre, PA 18702-7903. Bids will be considered at the regularly scheduled meeting of the Municipality of Kingston Borough Council to be held on

Monday, October 6th, 2025, at 7:00 p.m. (local time) in the Municipality of Kingston Council Chambers at the

Kingston Municipal Building, located at 500 Wyoming Avenue, Kingston PA 18704.

All Bidding Documents are available at no cost on PennBid at https://pennbid.bonfirehub.com.

All construction Work is included in one (1) Prime Contract. All Bids shall be on a unit and/or lump sum price basis.

Each Bid, when submitted, must be accompanied by a "Bid Security" in an amount of 10% of Bidder’s maximum Bid price to be furnished in accordance with the Instructions to Bidders; and (B) all forms, statements, affidavits and certifications, as more particularly listed in Article 7 of the Bid Form.

A Pre-Bid Conference has not been scheduled at this time.

Bidder(s) attention is called to the fact that not less than the minimum wages and salaries in accordance with provisions of Pennsylvania Prevailing Wage Act 442 and contained in the Contract Documents, must be paid throughout the duration of the Contract.

The Municipality of Kingston does not discriminate on the basis of race, color, national origin, sex, religion, age, disability or familial status in employment or the provision of services. The Municipality of Kingston is an Equal

Employment Opportunity Employer.

The successful Bidder will be required to furnish and pay for a satisfactory Performance Bond, and a Labor and

Material Payment Bond, in an amount at least equal to 100% of the Contract Price.

The Municipality of Kingston reserves the right to reject any or all Bids and to waive informalities in the Bidding.

Bids may be held by Owner for a period of not to exceed sixty days (60) from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of a

Contract.

This Project was financed, in whole or in part, by a grant from the Commonwealth of Pennsylvania.

For the Municipality of Kingston

Sondra Riviello, Administrator

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety

Program; Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned

Article 23— Partnering

Article 24— Wages and Salaries

Article 25— Equal Employment Opportunity

INSTRUCTIONS TO BIDDERS 00 21 13 - 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, and which registers plan holders.

B. The term “Owner” – (as defined in the General Conditions, Paragraph 1.01.A.) shall also mean and is identified as The Municipality of Kingston, Luzerne County, Pennsylvania represented by the Municipality of Kingston Borough Council.

C. The term “Architect/Engineer” (as defined in the General Conditions, Paragraph 1.01.A) shall be specific in that the functions and duties shall be performed by and under the direction and supervision of one or more of the registered Architects, Engineers or

Surveyors of staff of Verdantas, Inc. who may be designated to perform, direct or supervise the performance of such functions and duties. Written notices and communications to the Architect/Engineer should be addressed to:

Verdantas Inc.

613 Baltimore Drive, Suite 300

Wilkes-Barre, PA 18702-7903

(570)821-1999

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract

Documents (together, the Bidding Documents). See the Agreement for a list of the Contract

Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

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

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or

Invitation to Bid. Owner recommends that Bidder register as a plan holder with the Issuing

Office at such website, and obtain a complete set of the Bidding Documents from such website.

Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents

Website are complete, unless an omission is blatant. Registered plan holders will receive

Addenda issued by Architect/Engineer on behalf of Owner.

2.04 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may make the Bidding Documents available for examination. Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or

Issuing Office. Owner is not responsible for omissions in Bidding Documents or other

INSTRUCTIONS TO BIDDERS 00 21 13 - 2

documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to the Bidders as

Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 1.4 (Acrobat 5.x) or later. It is the intent of the Architect/Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the

Owner and Architect/Engineer cannot totally control the transmission and receipt of

Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Architect/Engineer cannot and do not guarantee that

Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in

Paragraph 2.05.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding

Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

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

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

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

Effective Date of the Contract.

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

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

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.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A pre-bid conference has not been scheduled at this time.

INSTRUCTIONS TO BIDDERS 00 21 13 - 3

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 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 and/or obtained 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.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

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

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

Technical Data.

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

5.03 Other Site-related Documents

A. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

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

Site conditions.

INSTRUCTIONS TO BIDDERS 00 21 13 - 4

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

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

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

5.05 Owner’s Safety Program

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

5.06 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 will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the

Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

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

INSTRUCTIONS TO BIDDERS 00 21 13 - 5

ARTICLE 7—INTERPRETATIONS AND ADDENDA

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

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to

Architect/Engineer in writing via the selected Electronic Document & Bid Management and

Procurement Service using the appropriate “Question” tab.

7.03 Interpretations or clarifications considered necessary by Architect/Engineer in response to such questions will be issued by Addenda, posted within the selected Electronic & Bid

Management and Procurement Service in the “Documents” section, and emailed to all parties recorded as having registered and receiving the Bidding Documents. Questions received less than seventy-two (72) hours prior to the date and time for opening of Bids may not be answered.

7.04 Only questions answered by Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the

Contract Documents.

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 Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding

Documents.

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, 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 and furnish the required Contract security within fifteen (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, in whole in the case of a penal sum bid bond, and to the extent of

Owner’s damages in the case of a damages-form bond. Such forfeiture will 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 (7) days after the Effective Date of the Contract or sixty-one (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 (7) 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 (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

INSTRUCTIONS TO BIDDERS 00 21 13 - 6

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 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.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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

Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for any portions of the Work within five (5) days after Bid opening:

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Architect/Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, individual or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and

Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which

Owner or Architect/Engineer makes no written objection prior to the giving of the Notice of

Award will be deemed acceptable to Owner and Architect/Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents and can be accessed by selecting the

“RESPONSE” tab on the electronic Bid Form.

A. All blanks on the electronic Bid Form must be completed. All unit Price fields must be filled out. To no-Bid a line item, insert a zero (0). PennBid will automatically complete the line extensions and Bid totals. Additional instructions can be found in the Contract Documents in Section 00 22 13 – PennBid Instructions to Bidders and Vendors.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then

Bidder may enter the words “No Bid” or “Not Applicable.”

INSTRUCTIONS TO BIDDERS 00 21 13 - 7

12.02 The Bidder/Vendor that registers with the PennBid Electronic Procurement Program on behalf of their company and selects their password protected login ID acknowledges that they are the individual, or have done so under the direct supervision of the individual, having the authority to submit a Bid for a corporation, partnership, limited liability company, individual, or joint venture on behalf of their company.

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

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner

(whose title must appear under the signature), accompanied by evidence of authority to sign.

The official address of the partnership must be shown.

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

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

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

12.08 All names must be printed in ink below the signatures.

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

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

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the

Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the

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

ARTICLE 13—BASIS OF BID

13.01 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.

INSTRUCTIONS TO BIDDERS 00 21 13 - 8

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.

13.02 Base Bid with Alternates

A. Bidders must submit a Bid for the base Bid and include a separate price for each alternate

(if any) described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternates (if any) will be applied in the same order of priority as listed in the Bid Form.

13.03 Allowances

A. For cash allowances the Bid price must 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.

ARTICLE 14—SUBMITTAL OF BID

14.01 Each prospective Bidder will submit an online Bid as described in Section – 00 22 13 - PennBid

Instructions to Bidders and Vendors.

14.02 A Bid shall be submitted no later than the date and time prescribed and at the online PennBid

Electronic Procurement Program. Bids submitted by mail or any other delivery system will not be accepted.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 A Bid may be may be modified or withdrawn at any time up to the date and time prescribed in the Advertisement or Invitation to Bid by clicking PennBid’s “Withdraw Bid” button as described in the PennBid Instructions for Bidders and Vendors.

15.02 If within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of

Owner that there was a material and substantial mistake in the preparation of its Bid, the

Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the

Base Bids and major alternates, if any, will be made available to Bidders after the opening of

Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

INSTRUCTIONS TO BIDDERS 00 21 13 - 9

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

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

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

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the

Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or

Architect/Engineer, then Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the Contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates, if any, will be applied in the same order of priority as listed in the Bid Form. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its Base Bid and any combination of its alternate Bids for which Owner determines funds will be available at the time of award.

18.06 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.

18.07 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 19—BONDS AND INSURANCE

19.01 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, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing Bid

Bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within fifteen (15) days thereafter, Successful Bidder must 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. Within ten (10) days thereafter, Owner will deliver one (1) fully executed counterpart of the Agreement

INSTRUCTIONS TO BIDDERS 00 21 13 - 10

to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Refer to Paragraph 7.10 of the General Conditions.

ARTICLE 22—CONTRACTS TO BE ASSIGNED

22.01 None.

ARTICLE 23—PARTNERING

23.01 None.

ARTICLE 24—WAGES AND SALARIES

24.01 Attention of Bidders is particularly called to the requirement concerning the payment of not less than the prevailing wage and salary rates specified in the CONTRACT DOCUMENTS and the conditions of employment with respect to certain categories and classifications of employees.

24.02 The rates of pay set forth hereunder are the minimum to be paid during the life of each

CONTRACT. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

ARTICLE 25—EQUAL EMPLOYMENT OPPORTUNITY

Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, sex, color, national origin, or religion, age, disability, or familial status. Each BIDDER must submit a completed Certification of Bidders Regarding Equal Employment Opportunity.

EJCDC® C-200, Instructions to Bidders

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

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS PENNBID 00 22 13 - 1

INSTRUCTIONS TO BIDDERS AND VENDORS

USING THE PENNBID ELECTRONIC BID MANAGEMENT SYSTEM TO RESPOND TO

THIS REQUEST-FOR-QUOTATION

The Municipality of Kingston 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 Q&A’s and Addenda are posted online and can be emailed, 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 “Clarifications” 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 quote.

Steps to submitting your sealed bid are outlined on our tutorial video titled “How To Submit A Bid on

PennBid”

Help Guides and Videos

There are several Help Guides and video tutorials available from the PennBid Website at www.PennBid.net

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) 693-4769.

BID FORM 00 41 13 - 1

BID FORM

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

ARTICLE 1�OWNER AND BIDDER

1.01 This Bid is submitted electronically via PennBid at https://pennbid.bonfirehub.com to:

The Administrator for the Municipality of Kingston 500 Wyoming Avenue Kingston, PA 18704

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

ARTICLE 2�ATTACHMENTS TO THIS BID

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

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

F. Required Bidder Qualification Statement with supporting data; and

G. Affidavit Accepting Provisions Of The Workmen’s Compensation Act

H. Nondiscrimination/Sexual Harassment Clause

I. Employment Eligibility Verification Compliance Form

J. Public Works Employment Verification Form

K. Non-Collusion Affidavit

L. Certification of Bidder Regarding Equal Employment Opportunity

M. Certification of Non-Segregated Facilities

ARTICLE 3�BASIS OF BID – UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

BID FORM 00 41 13 - 2

BASE BID

UNIT PRICE SCHEDULE

BID FORM 00 41 13 - 3

Note:

The

Unit

Price

Sched ules are includ ed with the

Biddi ng

Docu ment s for

Refer ence.

Bidde rs shall comp lete the electr onic bid form withi n

Penn

Bid

(�Pre pare

Your

Subm ission tab), inclus ive of all pricin g items and requir ed supp orting docu ment s as

Description Estimated

Quantity

Bid Unit

Price Bid Price

BID FORM 00 41 13 - 4

identi fied.

Item

No.

LUMP SUM - Mobilization and Demobilization, Complete

1 $ . $ .

LUMP SUM - Maintenance and Protection of Traffic, Complete

1 $ . $ .

LUMP SUM – Erosion and Sediment Pollution Control Measures, Complete in Place

1 $ . $ .

LINEAR FEET – Removal of Existing Fence, Complete in Place

720 $ . $ .

LUMP SUM - Demolition of all other items needed to complete the project

1 $ . $ .

SET- Tennis Court Posts, Center Pins and net, Complete in Place

4 $ . $ .

SET- Tennis Court Post Foundations, Complete in Place

4 $ . $ .

SQUARE YARD- Tennis Courts: Superpave WMA Base Course, PG64-22, 0.0 To 0.3 Million ESALS, 19 MM Mix, Fine Grade, 2 1/2" Depth, SRL-L. No RAP & 6” Modified subbase & removal of existing court surface, Complete in Place

3,300 $ . $ .

SQUARE YARD – Tennis Courts, WMA Wearing Course, PG64-22, 0.0 To 0.3 Million ESALS, 9.5 MM Mix, Fine Grade, 1 1/2" Depth, SRL-L. No RAP Complete in Place

3,300 $ . $ .

SQUARE YARD – ADA Walkway to Tennis Court: Superpave WMA Base Course, PG64- 22, 0.0 To 0.3 Million ESALS, 19 MM Mix, Fine Grade, 2 1/2" Depth, SRL-L. No RAP & 6” Modified subbase, Complete in Place

185 $ . $ .

SQUARE YARD – ADA Walkway to Tennis Court: Superpave WMA Wearing Course, PG64-22, 0.0 To 0.3 Million ESALS, 9.5 MM Mix, Fine Grade, 1 1/2" Depth, SRL-L. No RAP Complete in Place

185 $ . $ .

SQUARE YARD – Color Acrylic Surface Application with Tennis Court Lines (including Pickle Ball Lines on two courts), Complete in Place

3,300 $ . $ .

BID FORM 00 41 13 - 5

LINEAR FEET- 10’ High Black Vinyl Coated Chain Link Fence including three 5’ wide man gates and two 12’ wide vehicular gate, Complete in Place

840 $ . $ .

EACH- Post and Foundation for Divider Nets, Complete in Place

4 $ . $ .

EACH- Divider Net including all attachment hardware, cables, accessories

2 $ . $ .

LUMP SUM- Topsoil, Seeding, and Mulch for Permanent Restoration of Disturbed Tree Lawns and Grass Areas, Complete in Place

1 $ . $ .

EACH – Light Poles with LED Luminaries, Installed, Including Fixture Setup and Precast Foundation, Compete in Place

3 $ . $ .

LINEAR FEET – Underground Conduit/Cable Runs Including Pull Cords and Wiring, Complete in Place

450 $ . $ .

LINEAR FEET – Site Trenching for Underground Conduit/Cable Runs including Permanent Surface Restoration, Complete in Place

450 $ . $ .

20 EACH - Junction Box, Complete in Place 1 $ . $ .

LUMP SUM – Power Supply Upgrades, Complete in Place

1 $ . $ .

22 LUMP SUM – DCNR Funding sign 1 $ . $ .

LUMP SUM - Stripe Existing Stalls to Provide 2 ADA Stalls. Include Signage

1 $ . $ .

BID FORM 00 41 13 - 6

TOTAL OF BASE BID PRICES

DEDUCT ALTERNATE NO. 1

UNIT PRICE SCHEDULE*

Item

No.

Description

Estimated

Quantity

Bid Unit

Price Bid Price

DA1

LINEAR FEET – Removal of Existing Fence, Complete in Place

720 $ . ($ . )

NET TOTAL OF DEDUCT ALTERNATE NO. 1 BID PRICE _____

*Refer to Section 01 00 00 - GENERAL REQUIREMENTS, Article GR-28 BID ALTERNATES, Paragraph 28(b).

DEDUCT ALTERNATE NO. 2

UNIT PRICE SCHEDULE*

Item

No.

Description

Estimated

Quantity

Bid Unit

Price Bid Price

DA2

EACH- Post and Foundation For Divider Nets, Complete in Place

4 $ . ($ . )

NET TOTAL OF DEDUCT ALTERNATE NO. 2 BID PRICES _____

*Refer to Section 01 00 00 - GENERAL REQUIREMENTS, Article GR-28 BID ALTERNATES, Paragraph 28(e).

DEDUCT ALTERNATE NO. 3

UNIT PRICE SCHEDULE*

Item

No.

Description

Estimated

Quantity

Bid Unit

Price Bid Price

DA3

EACH: Light Poles With LED Luminaires, Installed, Including Fixture Setup and Precast Foundation, , Complete in Place

3 $ . ($ . )

BID FORM 00 41 13 - 7

Item

No.

Description

Estimated

Quantity

Bid Unit

Price Bid Price

DA4

LINEAR FEET –Underground Conduit/Cable Runs Including Pull Cords and Wiring, Complete in Place

450 $ . ($ . )

DA5

LINEAR FEET – Site Trenching for Underground Conduit/Cable Runs including Permanent Surface Restoration, Complete in Place

450 $ . ($ . )

DA6 EACH - Junction Box, Complete in Place 1 $ . ($ . )

DA7

LUMP SUM – Power Supply Upgrades, Complete in Place

1 $ . ($ . )

NET TOTAL OF DEDUCT ALTERNATE NO. 3 BID PRICES _____

*Refer to Section 01 00 00 - GENERAL REQUIREMENTS, Article GR-28 BID ALTERNATES, Paragraph 28(f).

DEDUCT ALTERNATE NO. 4

UNIT PRICE SCHEDULE*

Item

No.

Description

Estimated

Quantity

Bid Unit

Price Bid Price

DA8

SQUARE YARD- Tennis Court: Superpave, WMA Base Course, PG64-22, 0.0 To 0.3 Million ESALS, 19 MM Mix, Fine Grade, 2 1/2" Depth, SRL-L. No RAP & 6” Modified subbase, Complete in Place

3300 $ . ($ . )

NET TOTAL OF DEDUCT ALTERNATE NO. 4 BID PRICE _____

*Refer to Section 01 00 00 - GENERAL REQUIREMENTS, Article GR-28 BID ALTERNATES, Paragraph 28(c).

DEDUCT ALTERNATE NO. 5

UNIT PRICE SCHEDULE*

BID FORM 00 41 13 - 8

Item

No.

Description

Estimated

Quantity

Bid Unit

Price Bid Price

DA9

SQUARE YARD – Tennis Court: Superpave, WMA Wearing Course, PG64-22, 0.0 To

0.3 Million ESALS, 9.5 MM Mix, Fine

Grade, 1 1/2" Depth, SRL-L. No RAP Complete in Place

3,300 $ . ($ . )

NET TOTAL OF DEDUCT ALTERNATE NO. 5 BID PRICES _____

*Refer to Section 01 00 00 - GENERAL REQUIREMENTS, Article GR-28 BID ALTERNATES, Paragraph 28(d).

BID ALTERNATE NO. 1

UNIT PRICE SCHEDULE*

Item

No.

Description

Estimated

Quantity

Bid Unit

Price Bid Price

AA1

ADD: SQUARE YARD - Superpave WMA Base Course, PG64-22, 0.0 To 0.3 Million ESALS, 19 MM Mix, Fine Grade, 4" Depth, SRL-L. No RAP & 6” Modified subbase, Complete in Place. See detail “Typical Detail for Asphalt Base Course Replacement”.

178 $ . ($ . )

AA2

DEDUCT: LUMP SUM: 15” Compost filter sock

1 $ . ($ . )

NET TOTAL OF BID ALTERNATE NO. 1 BID PRICES _____

*Refer to Section 01 00 00 - GENERAL REQUIREMENTS, Article GR-28 BID ALTERNATES, Paragraph 28(f).

BID FORM 00 41 13 - 9

This hard copy Bid Form is for informational purposes only. All Bids shall be submitted electronically via the PennBid website. Refer to Section 00 22 13 – PennBid Instructions TO Bidders and Vendors.

BID FORM 00 41 13 - 10

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 Work will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 4—TIME OF COMPLETION

4.01 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.

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

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT

OF ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

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

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6�BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

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

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions, if any, at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been

BID FORM 00 41 13 - 11

identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. 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 the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of work to be performed by Owner…