2-204-28 2025-03A,03B Bid Specs.pdf

PDF 18 MB Posted

Attached to
Malden Water Tank Replacement Contract Nos. 2025-03A & 2025-03B
Solicitation number
Not on record
Issued by
Washington County, Pennsylvania

About this file

This bidding document set comprises the complete specifications and instructions for two separate construction contracts issued by the Tri-County Joint Municipal Authority in Washington County, Pennsylvania, for the Malden Water Tank Replacement project. Contract No. 2025-03A covers general and mechanical construction, while Contract No. 2025-03B addresses electrical construction. Sealed electronic bids are due via the PennBid Program on August 6, 2026, at 2:00 P.M. local time. A non-mandatory pre-bid conference is scheduled for July 22, 2026, at 10:30 A.M. at the TCJMA office located at 26 Monongahela Avenue, Fredericktown, PA 15333. The project scope includes furnishing all labor, materials, equipment, utilities, and services required for construction of public drinking water facilities and appurtenances, with an expected project duration of 660 calendar days for substantial completion and final payment readiness. Bidders must conduct site visits during normal working hours and arrange their own transportation; additional site access requires coordination with the Owner. The successful bidder must execute the Agreement and furnish all required bonds and insurance documentation within 15 days of receiving the Notice of Award.

Bids must be submitted on a lump sum basis with separate pricing for two tank options: a multi-column elevated water storage tank (Option 1) or a bolted elevated water storage tank (Option 2), with the Owner reserving the right to evaluate bids based on estimated life-cycle cost considerations. For Contract 2025-03A, bidders must include a $10,000 contingency allowance for unforeseen circumstances with each option. For Contract 2025-03B, fixed allowances of $20,000 for utilities and $12,000 for SCADA are included with each option. Bid security equal to 10 percent of the maximum bid price must accompany each submission in the form of a bid bond from a surety meeting specified requirements. All bidders must comply with Pennsylvania Prevailing Wage Act requirements, the Steel Products Procurement Act (requiring U.S.-made steel), and the Public Works Employment Verification Act (Act 127 of 2012). Bidders are required to submit evidence of state authorization to conduct business, applicable contractor licenses, a qualifications statement with financial data and previous experience documentation, lists of proposed subcontractors and equipment/material manufacturers, and a Public Works Employment Verification Form. No specific funding source or budget amount is identified in the bidding documents; however, related project notices reference funding through the Commonwealth of Pennsylvania's COVID-19 APRA PA Small Water and Sewer Program administered by the Commonwealth Financing Authority.

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ISSUED TO:

TRI COUNTY JOINT MUNICIPAL AUTHORITY

WASHINGTON COUNTY, PENNSYLVANIA

BIDDING DOCUMENTS FOR

CONTRACT NO. 2025-03A –

GENERAL/MECHANICAL CONSTRUCTION

CONTRACT NO. 2025-03B –

ELECTRICAL CONSTRUCTION

MALDEN WATER TANK REPLACEMENT

RELEASED FOR BID

JULY 2026

Copyright © 2026 KLH Engineers, Inc., All Rights Reserved Worldwide. No part of this document may be reproduced or transmitted in any form, by any means without written permission, except for brief excerpts in reviews or analysis.

5313 Campbells Run Road

Suite 100

Pittsburgh, PA 15205

Telephone: (412) 494-0510

Fax: (412) 494-0426

E-mail: info@klhengineers.com

Ref. No. 204-28

THIS PAGE LEFT INTENTIONALLY BLANK

Copyright © 2026 KLH Engineers, Inc.

All Rights Reserved Worldwide i 204/2025-03A, 03B

CONTRACT NO. 2025-03A – GENERAL/MECHANICAL CONSTRUCTION

CONTRACT NO. 2025-03B – ELECTRICAL CONSTRUCTION

MALDEN WATER TANK REPLACEMENT

TABLE OF CONTENTS

SECTION PAGE NO.

Advertisement ....................................................................................................................................... C-111

Instructions to Bidders ........................................................................................................................... C-200

Bid Form for Construction Contract ....................................................................................................... C-410

Bid Bond (Penal Sum) ............................................................................................................................. C-430

Notice of Award ..................................................................................................................................... C-510

Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) .................. C-520

Performance Bond ................................................................................................................................. C-610

Payment Bond ........................................................................................................................................ C-615

Warranty Bond ....................................................................................................................................... C-612

Notice to Proceed .................................................................................................................................. C-550

Application for Payment ........................................................................................................................ C-620

Certificate of Substantial Completion .................................................................................................... C-625

Notice of Acceptability of Work ............................................................................................................. C-626

Construction Schedule ........................................................................................................ Document 00650

General Conditions ................................................................................................................................ C-700

Supplementary Conditions .................................................................................................................... C-800

Work Change Directive .......................................................................................................................... C-940

Change Order ......................................................................................................................................... C-941

Field Order ............................................................................................................................................. C-942

Affidavit of Payment and Release of Liens ......................................................................... Document 00950

Acceptance of Final Payment and General Release............................................................ Document 00955

Consent of Surety Company to Final Payment ................................................................... Document 00960

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Section 01000 – Project Description .................................................................................................. 01000-1

Section 01010 – Drawings Index ........................................................................................................ 01010-1

Section 01020 – Summary of Work ................................................................................................... 01020-1

Section 01025 – Measurement and Payment ................................................................................... 01025-1

Section 01040 – Coordination............................................................................................................ 01040-1

Section 01041 – Supplemental Mechanical Conditions..................................................................... 01041-1

Section 01090 – References ............................................................................................................... 01090-1

Section 01170 – Survey ...................................................................................................................... 01170-1

Section 01200 – Project Meetings ..................................................................................................... 01200-1

All Rights Reserved Worldwide ii 204/2025-03A, 03B

Section 01300 – Submittals................................................................................................................ 01300-1

Section 01500 – Temporary Facilities & Controls .............................................................................. 01500-1

Section 01550 – Maintenance and Protection of Traffic ................................................................... 01550-1

Section 01551 – Barriers and Enclosures ........................................................................................... 01551-1

Section 01570 – Temporary Erosion and Sediment Control .............................................................. 01570-1

Section 01740 – Clean Up of Work Site ............................................................................................. 01740-1

Section 01741 – Dust and Mud Control ............................................................................................. 01741-1

Section 01800 – Substantial Completion ........................................................................................... 01800-1

DIVISION 2 - SITE WORK

Section 02000 – Site Work ................................................................................................................. 02000-1

Section 02040 – Site Preparation ....................................................................................................... 02040-1

Section 02140 – Dewatering .............................................................................................................. 02140-1

Section 02150 – Shoring .................................................................................................................... 02150-1

Section 02151 – Anchoring & Blocking .............................................................................................. 02151-1

Section 02220 – Excavating, Backfilling, and Compacting ................................................................. 02220-1

Section 02280 – Soil Treatment ......................................................................................................... 02280-1

Section 02500 – Paving and Surfacing ............................................................................................... 02500-1

Section 02609 – Detectable Marking Tape ........................................................................................ 02609-1

Section 02640 – Valves ...................................................................................................................... 02640-1

Section 02660 – Piped Water Distribution ........................................................................................ 02660-1

Section 02830 – Site Fence & Gates .................................................................................................. 02830-1

DIVISION 3 - CONCRETE

Section 03010 – Concrete Work ........................................................................................................ 03010-1

Section 03100 – Concrete Formwork ................................................................................................ 03100-1

Section 03200 – Concrete Reinforcement ......................................................................................... 03200-1

Section 03300 – Cast-in-Place Concrete ............................................................................................ 03300-1

Section 03345 – Concrete Finishing ................................................................................................... 03345-1

Section 03600 – Grout ....................................................................................................................... 03600-1

DIVISON 5 – METALS

Section 05120 – Structural Steel ........................................................................................................ 05120-1

DIVISON 9 – FINISHES

Section 09900 – Finishes .................................................................................................................... 09900-1

DIVISON 13 – SPECIAL CONSTRUCTION

Section 13120 – Multi-Column Elevated Water Storage Tank .......................................................... 13120-1

Section 13211 – Bolted Elevated Water Storage Tank ...................................................................... 13211-1

All Rights Reserved Worldwide iii 204/2025-03A, 03B

DIVISON 15 – MECHANICAL

Section 15060 – Pipe & Pipe Fittings ................................................................................................. 15060-1

Section 15100 – Valves ...................................................................................................................... 15100-1

DIVISON 16 – ELECTRICAL

Section 16010 – Electrical Work – General ........................................................................................ 16010-1

Section 16012 – Excavating, Backfilling, and Compacting ................................................................. 16012-1

Section 16030 – Electric Field Acceptance Test ................................................................................. 16030-1

Section 16050 – Firestopping for Electrical System ........................................................................... 16050-1

Section 16110 – Raceways ................................................................................................................. 16110-1

Section 16111 – Underground Duct Banks ........................................................................................ 16111-1

Section 16120 – Wire ......................................................................................................................... 16120-1

Section 16130 – Boxes ....................................................................................................................... 16130-1

Section 16131 – Junction & Pullboxes ............................................................................................... 16131-1

Section 16140 – Wiring Devices ......................................................................................................... 16140-1

Section 16148 – Mounting Heights of Outlets ................................................................................... 16418-1

Section 16400 – Utility Telephone Service ........................................................................................ 16400-1

Section 16450 – Grounding................................................................................................................ 16450-1

Section 16471 – Panel Boards ............................................................................................................ 16471-1

Section 16479 – Surge Protective Devices ......................................................................................... 16479-1

Section 16500 – Lighting .................................................................................................................... 16500-1

Section 16910 – Instrumentation ...................................................................................................... 16910-1

Section 16930 – SCADA ...................................................................................................................... 16930-1

APPENDICES

Appendix A – Geotechnical Report

Appendix B – PennDOT Highway Occupancy Permit

Appendix C – Public Water Supply Permit

Appendix D – FAA Clearance

All Rights Reserved Worldwide iv 204/2025-03A, 03B

PROJECT INFORMATION

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

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

204/2025-03A, 03B

ADVERTISEMENT FOR BIDS

CALIFORNIA BOROUGH, WASHINGTON COUNTY, COMMONWEALTH OF PENNSYLVANIA

MALDEN WATER TANK REPLACEMENT

General Notice

Tri County Joint Municipal Authority (Owner) is requesting Bids for the construction of the following

Project:

Malden Water Tank Replacement

Contract No. 2025-03A – General/Mechanical Construction

Contract No. 2025-03B – Electrical Construction

Sealed bids for the construction of the Project will be received electronically via the PennBid Program by the Tri County Joint Municipal Authority (TCJMA) until August 6, 2026, at 2:00 P.M. local time.

The Project includes the following Work: the furnishing of all labor, material, plant, utilities, and services required for the construction of public drinking water facilities and appurtenances.

The Project has an expected duration of six hundred sixty (660) days.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project are available at no cost at PennBid:

pennbid.bonfirehub.com

Bidding Documents may be downloaded from the designated website. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website.

Pre-bid Conference

A non-mandatory pre-bid conference for the Project will be held on Wednesday, July 22, 2026, at 10:30

A.M. at TCJMA office located at 26, Monongahela Avenue, Fredericktown, PA 15333.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

Attention is called to the fact that prevailing minimum wage rates as determined by the Secretary of the

Department of Labor and Industry must be paid by the Contractors on this project and that employees and applicants for employment shall not be discriminated against because of their race, age, color, religion, sex, national origin, or handicap. Each contractor is required to meet the requirements of Public

Works Employment Verification Act, Act 127 of 2012.

Any and all steel products used or supplied in the performance of the contract or any subcontracts shall be from steel made in the United States.

The Owner herby reserves the right, which is understood and agreed to by all bidders, to refuse and reject any or all bids submitted, and also reserves the right to waive any informality in bids received.

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

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

204/2025-03A, 03B

Except as otherwise provided by law, no bidder may withdraw its bid for ninety (90) days after the Bid

Due Date, unless the contract award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant or grants, in which case the Bids shall remain open to acceptance and shall be irrevocable for a period of ninety (90) days after the Bid Due Date.

This Advertisement is issued by:

Owner: Tri County Joint Municipal Authority

By: Fred Roberts

Title: Board Chair

+ + END OF ADVERTISEMENT FOR BIDS + +

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

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

TOC Page 1 of 2

204/2025-03A, 03B

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

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— Steel Procurements Act

Article 23— Labor Requirements

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

TOC Page 2 of 2

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

204/2025-03A, 03B

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.

ARTICLE 2—BIDDING DOCUMENTS

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

(https://pennbid.bonfirehub.com)

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

2.03 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

Owner.

2.04 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. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

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 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information

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

204/2025-03A, 03B 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, 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 non-mandatory pre-bid conference will be held at the time and location indicated in the

Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

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 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

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

204/2025-03A, 03B

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. Call Before You Dig! Pennsylvania State law requires a three (3) business day notice (does not include holidays or weekends), but no more than ten (10) business days prior to the start of excavation and ten (10) business day notice, but not more than ninety (90) business days in Design Stage. Call 8-1-1 or 1-800-242-1776, PA One Call

Serial No. 20261764483. The Designer has obtained this Serial Number as required by PA Act

287, as amended.

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. A Site visit is scheduled following the pre-bid conference.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

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

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

204/2025-03A, 03B

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

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

F. 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.

G. 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.

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

204/2025-03A, 03B

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 via the

“Messages/Vendor Discussions” feature in PennBid no later than seven (7) days prior to the date for receipt of bids.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

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

Documents.

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 ninety-one (91) 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.

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

204/2025-03A, 03B

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.

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, 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 will 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 Engineer within ten (10) days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. 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 will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner.

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

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

Subcontractor or Supplier if Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of

Awards is given, request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.

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

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

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable

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

204/2025-03A, 03B to Owner and 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 for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab).

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the

Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

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

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

12.10 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.

12.11 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.

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ARTICLE 13—BASIS OF BID

13.01 Base Bid with Alternates

A. Bidders must submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate 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 will be applied in the same order of priority as listed in the Bid Form.

13.02 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 Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com/) by the date and time indicated in the invitation for Bids along with Bid security and other documents required to be submitted as identified herein.

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

Bidder unopened.

14.03 In addition to completing the Pricing Section via PennBid, the Bid Form for Construction Contract

(EJCDC® C-410) must be completed, signed by an Authorized signatory of the Bidder, scanned to pdf and uploaded to the PennBid site along with all supporting documentation. In the event a discrepancy exists between the uploaded pdf Bid Form for Construction Contract (EJCDC® C-410) and the Pricing Section, the Pricing Section shall supersede.

ARTICLE 15—MODIFICATION AND WITHDRAWAL 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 to bid.

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 A summary of bids received will be issued via a Public Notice on PennBid shortly after bid opening, the time of which is listed in the Invitation to Bid. It should be noted that bid results are subject to further review and should not be constructed as issuance of an award.

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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.

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 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 will be applied in the same order of priority as listed in the Bid Form.

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.

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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 fully executed counterpart of the Agreement 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 Owner is exempt from Pennsylvania state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 22—STEEL PROCUREMENTS ACT

22.01 The Contractor shall comply with Act No. 3 of 1978, known as the “Steel Products Procurement

Act.” Except as provided in this Act, Contractor shall only supply steel products to be used in the performance of the Contract, or any subcontract thereunder, which are produced in the United

States. Certificates of compliance with regard to this Act shall be supplied by the Contractor to the Engineer. The Contractor is required to submit Form SP (provided following this section with each initial shop drawing submittal as applicable.

ARTICLE 23—LABOR REQUIREMENTS

23.01 By submitting a Bid Proposal, the bidder agrees to comply with the “Pennsylvania Prevailing Wage

Act” (Act of August 25, 1961, P.L. 987 as Amended).

23.02 During the performance of this Contract, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employees or applicant for employment because of race, color, religion, sex, national origin, or handicap.

B. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, national origin, or handicap. Such action shall include, but not limited to, the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

C. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which may be provided by the Tri County Joint Municipal Authority setting forth the provision of this nondiscrimination clause.

D. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualifies applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or handicap.

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E. The Contractor will send to each labor union or representative of workers with which the

Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workers’ representatives of the

Contractor’s commitments under this Section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

F. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this

Contract or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Tri County Joint Municipal Authority contracts.

G. The Contractor will include the provisions of these paragraphs in every subcontract or purchase order unless exempted.

23.03 No person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract.

23.04 This project must be performed under prevailing wage guidelines. Prevailing wage documents are contained in the reference section of this Project Manual.

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

FORM SP

This form must be executed by a Fabricator of any item containing BOTH FOREIGN AND U.S.

MANUFACTURED STEEL. The Steel Products Procurement Act (73 P.S. S1881 et seq.) allows the use of steel products with both types of steel if seventy-five (75%) percent of the cost of the materials (including steel, rubber, wood, plastic, etc.) in the product are manufactured or produced, as the case may be, in the United States.

The Fabricator shall be herein defined as the firm that assembles the component parts of the item(s) to be purchased. The OWNER will accept the certification of firms that are earlier in the chain of purchase (i.e.

manufacturers of components, steel, suppliers) in lieu of the Fabricator. This form must be submitted to the ENGINEER with the initial shop drawing submission and before the product may be incorporated as provided above.

TO BE COMPLETED BY THE FABRICATOR:

1. Contract No. __________________ Contract…

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