2-25-093 Tamaqua Area School District Storage Building at Stadium Specifications Booklet Div 0 - Div 26.pdf

P R O J E C T M A N U A L

STORAGE BUILDING AT TAMAQUA SCHOOL DISTRICT STADIUM

598 PENN STREET

TAMAQUA, PA 18252

TAMAQUA AREA SCHOOL DISTRICT

138 WEST BROAD STREET

TAMAQUA, PA

May 28, 2026

ALLOY5 ARCHITECTURE [Architect] 530 West Broad Street Bethlehem, PA 18018

REUTHER + BOWEN [Civil] 326 Ward Street Scranton, PA 18512 designBLD [Electrical] 54 Tunkhannock Avenue Exeter, PA 18643

ALLOY5 ARCHITECTURE

TABLE OF CONTENTS 00.0110 - 1

TABLE OF CONTENTS

000101 Project Title Page 000110 Table of Contents

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

000115 List of Drawings 001113 Advertisements for Bids 001153 Request for Qualifications 001154 Agreement of Surety 001155 Letter of Insurer 002113 Instructions to Bidders 002113A Public Works Verification Form 002113B Act 114 FBI Fingerprint Service Codes 002113C Act 34 Pennsylvania State Police Clearance Form 002113D Act 24/Act 82 PDE Form 6004 002113E Act 151 Child Abuse Clearance Form 002113F Act 168 PA Sexual Misconduct-Abuse Disclosure Release 002625 Substitution Request Form 004116 General Construction Bid Form 004119 Electrical Construction Bid Form 004300 Bid Security, Payment Bond, Performance Bond 004519 Non-Collusion Affidavit 005216 Agreement Form

005216.01 A101-2017 Draft

006216 Sample Insurance Certificate 007216 General Conditions

007216.01 AIA A201-2017 General Conditions

073000 Supplementary Conditions 007343 Prevailing Wage Rate Requirements 007346 Prevailing Wage Rate Determination Schedule

007346.16 Certified Payroll Sample Form

008200 Safety and Health Management Plan

DIVISION 01 – GENERAL REQUIREMENTS

011100 Summary 011200 Summary of Multiple Contracts 011400 Work Restrictions 011500 Field Engineering 012100 Quantity Allowances 012200 Unit Prices 012300 Alternates 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013300 Submittal Procedures 014000 Quality Requirements 014200 References 015000 Temporary Facilities and Controls 016000 Product Requirements

TABLE OF CONTENTS 00.0110 - 2

017329 Cutting and Patching 017419 Construction Waste Management 017700 Closeout Procedures 017823 Operation and Maintenance Data 017829 Project Record Documents 017900 Demonstration and Training

DIVISION 03 – CONCRETE

003300 Cast-In-Place Concrete

DIVISION 04 – MASONRY

DIVISION 05 – METALS

055000 Metal Fabrications

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

061000 Rough Carpentry 061600 Sheathing

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

076200 Sheet Metal Flashing and Trim 077253 Snow Guards 079200 Joint Sealants 079500 Expansion Control

DIVISION 08 – OPENINGS

081113 Hollow Metal Doors and Frames 083323 Overhead Sectional Doors 087100 Door Hardware and Schedule

DIVISION 13 – SPECIAL CONSTRUCTION

133400 Engineered Post Frame Structures

DIVISION 26 – ELECTRICAL SYSTEMS

260519 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

260526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

260529 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

260533 - RACEWAYS AND BOXES FOR ELECTRICAL EQUIPMENT

260543 - UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMS

262726 - WIRING DEVICES

265100 - INTERIOR LIGHTING

265600 - EXTERIOR LIGHTING

TABLE OF CONTENTS 00.0110 - 3

END OF SECTION 00.1100

LIST OF DRAWINGS 00.0115 - 1

SECTION 00.0115 - LIST OF DRAWINGS

The List of Drawings indicated on the Drawing Cover Sheet G0.00, form a part of this Contract, as set forth in the accompanying Conditions of the Contract for Construction.

END OF SECTION 00.0115

ADVERTISEMENT FOR BIDS 00.1113- 1

REQUEST FOR BIDS – STORAGE BUILDING AT TAMAQUA SCHOOL DISTRICT STADIUM

Tamaqua Area School District will receive sealed bids online via the PennBid Program until 10:00 A.M.

prevailing time on Thursday, June 11, 2026, at which time they will be opened. After bid opening the results will be available for viewing on the PennBid website. Successful bidder will be selected by Owner at a later date for the Storage Building project located at 598 Penn Street Tamaqua, PA 18252.

The project will be constructed with the following Prime Contracts: General Construction and Electrical Construction.

All Contract Documents will be available online at no cost beginning at 9:00 A.M., Thursday, May 28, 2026.. Interested respondents may obtain Contract Documents containing detailed submission requirements by accessing the Penn Bid Program at www.pennbid.net.

Proposals must be accompanied by a Bid Bond with a corporate surety authorized to do business in Pennsylvania, in accordance with the project specifications in the amount of ten percent (10%) of the total bid amount. A Performance Bond and Payment Bond both in the amount of one hundred percent (100%) of the contract value shall be furnished by the successful bidders as detailed in Contract Documents.

This project is subject to the provisions of the Commonwealth of Pennsylvania Prevailing Wage Act.

A mandatory pre-bid meeting will be held on Thursday, June 4, 2026 at 10:00 A.M. prevailing time, at the project site.

Interested Firms are requested to respond by sealed bid submission satisfying the requirements of this Invitation. Bids shall only be submitted electronically via the Penn Bid Program.

Tamaqua Area School District reserves the right, in its sole and absolute discretion, to accept or reject any or all proposals or to waive any informalities in bidding, and to withhold award for a period of up to sixty (60) days.

Ms. Connie Ligenza, Business Administrator- Board Secretary Tamaqua Area School District

Run Days:

Friday, 5/22 Friday, 5/29 Monday, 6/1

ADVERTISEMENT FOR BIDS 00.1113- 1

REQUEST FOR BIDS – STORAGE BUILDING AT TAMAQUA SCHOOL DISTRICT STADIUM

Tamaqua Area School District will receive sealed bids online via the PennBid Program until 10:00 A.M.

prevailing time on Thursday, June 11, 2026, at which time they will be opened. After bid opening the results will be available for viewing on the PennBid website. Successful bidder will be selected by Owner at a later date for the Storage Building project located at 598 Penn Street Tamaqua, PA 18252.

The project will be constructed with the following Prime Contracts: General Construction and Electrical Construction.

All Contract Documents will be available online at no cost beginning at 9:00 A.M., Thursday, May 28, 2026.. Interested respondents may obtain Contract Documents containing detailed submission requirements by accessing the Penn Bid Program at www.pennbid.net.

Proposals must be accompanied by a Bid Bond with a corporate surety authorized to do business in Pennsylvania, in accordance with the project specifications in the amount of ten percent (10%) of the total bid amount. A Performance Bond and Payment Bond both in the amount of one hundred percent (100%) of the contract value shall be furnished by the successful bidders as detailed in Contract Documents.

This project is subject to the provisions of the Commonwealth of Pennsylvania Prevailing Wage Act.

A mandatory pre-bid meeting will be held on Thursday, June 4, 2026 at 10:00 A.M. prevailing time, at the project site.

Interested Firms are requested to respond by sealed bid submission satisfying the requirements of this Invitation. Bids shall only be submitted electronically via the Penn Bid Program.

Tamaqua Area School District reserves the right, in its sole and absolute discretion, to accept or reject any or all proposals or to waive any informalities in bidding, and to withhold award for a period of up to sixty (60) days.

Ms. Connie Ligenza, Business Administrator- Board Secretary Tamaqua Area School District

Run Days:

Friday, 5/22 Friday, 5/29 Monday, 6/1

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 1

QUALIFCATIONS QUESTIONNAIRE

Submitted To: Tamaqua Area School District

For consideration with regard to: Storage Building at Tamaqua School District Stadium

Date: ___________, ________

1. Companies that wish to bid on this Project must submit this Qualification Statement with their bids.

2. Only Companies which are determined to be responsible contractors under applicable law will be designated as qualified bidders.

3. The Instructions to Bidders govern the Owner’s consideration of this completed Qualification

Statement and any other requirements that will be considered in making an award.

4. All prospective bidders must complete this form by answering all questions, and supplying all requested documents, using the spaces indicated (with additional pages if necessary) and attaching documents as required and submit the completed form with their bid by the deadline established in the Invitation to Bid.

I. Capability

1. Form of organization (sole proprietorship, partnership, corporation, etc.)

2. Years the organization has been in business as a contractor under its present name.

3. List of all affiliated or subsidiary organizations and companies.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 2

4. List of all organizations and individuals who have a financial interest in or a specified percentage in the company.

5. Any other organization or individual who controls bidding or operation of the organization.

6. Identification of all offices.

Main Office: ________________________________________________________________

Additional Locations:

7. The numbers, categories and locations of all employees and officers.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 3

8. The officers, administrators, managers and superintendents who will be assigned to the project -identification of qualifications, with specific attention to years in present position, years of construction experience, and magnitude and type of work.

9. Any work the organization has performed for Tamaqua Area School District.

10. Other public work, including specifically school projects, that the organization has performed in

Pennsylvania (up to ten most recent projects). For each, identify the name and address of owner, location of project, nature of contract (prime, sub, etc.), contract amount, change orders, final contract amount, if completed on-time, kind of work, and nature of project.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 4

11. Other projects, including specifically school projects, involving single-prime contracts on which the organization has served as a prime contractor (up to ten most recent projects). For each, identify the name and address of owner, location of project, nature of contract (prime, sub, etc.), contract amount, change orders, final contract amount, if completed on time, kind of work, and nature of project.

12. Other projects, including specifically school projects, for the type of construction that is to be undertaken, performed by the organization at any time. For each, identify the name and address of owner, location of project, nature of contract (prime, sub, etc.), contract amount, kind of work, and nature of project.

13. Projects constructed with Critical Path Method (CPM) or some other form of computerized project scheduling and capabilities that otherwise can be provided. For each, identify the name and address of owner, location of project, nature of contract (prime, sub, etc.), contract amount, kind of work, and nature of project.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 5

14. Projects awarded but which the organization failed to complete. Identify dates, name and address of owner, name and location of project and kind of work, and the reasons the project was not completed.

15. Equipment owned that will be utilized on the project by type, size or capacity, years of service, and condition.

16. Leased equipment that will be utilized on the project by type, size or capacity, years of service, and condition.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 6

17. Portion of the contract to the nearest ten percent (10%) that the bidder expects to perform using its own labor and equipment.

II. Financial Integrity

1. Attach the most recent audited and CPA certified financial statement, with certification, date of preparation, name and address of preparer (financial information can be treated as confidential in accordance to PennBid procedures).

2. Net working capital (current assets over current liabilities) and date of determination.

3. Identification of credit lines, with information on the total lines, amounts drawn down and amounts remaining.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 7

4. Identification of the contractor’s surety for the required performance bond, total bonding capacity and available bonding capacity. Also list bonding company A.M. Best Rating and Financial Rating for compliance with project requirement. The qualifications of the bonding company should be a surety company designated as acceptable surety in Circular 570, as amended by the Audit Staff of the Bureau of Government Financial Operations U.S. Treasury Department.

III. Conduct

1. All felony convictions, all bidding related offenses, and all misdemeanor convictions involving moral turpitude of the organization, its affiliates, its owners holding more than a specified percentage interest (25%), its officers, and its administrators, managers, and superintendents that will be assigned to the project.

2. Debarments, suspensions, and denials of pre-qualification of the organization for any federal, state, local or governmental contracting.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 8

3. Construction-related disputes of any kind including lawsuits, arbitrations, mechanics liens, and other claims that the organization has been involved in. Provide a summary of each item.

4. Proceedings of an administrative enforcement nature of whatever kind, including environmental, wage and hour, prevailing wage, employment discrimination, or other kind of proceeding. Provide a summary of each item.

5. List any prevailing wage disputes, investigations or complaints filed against the firm or any officers.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 9

6. Unpaid obligations to local, state, or federal taxing authorities, including but not limited to income, withholding and unemployment taxes.

7. Cancellation, termination or rescission of contracts of insurance or suretyship.

8. Provide all other information requested in accordance with Instructions to Bidders or any other information requested by Owner as part of its investigation.

IV. Safety and Training

1. Provide a copy of your Workmen’s Compensation Experience Modification Factor for the past three

(3) years.

2. Identify any safety violations, accidents or injuries on any projects over the last five (5) years.

3. Provide a summary and proof of any training or other programs that are available, endorsed or paid by your company and made available to employees.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 10

4. Provide a summary of your safety training and compliance programs.

V. Ethics Act

1. The owners of the Firm and their immediate family members, namely, parents, spouse, child, brother or sister are not related by blood or marriage to and have no business relationships with Members of the Board of School Directors, Superintendent, Assistant Superintendent or Business Administrator of the Tamaqua Area School District except as follows:

If familial or business relationship(s) exist, please identify.

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 11

When the Bidder is an individual proprietor:

WITNESS:

__________________________________ _________________________________(SEAL)

Signature of Witness Signature of Proprietor

Print Name of Proprietor

When the Bidder is a partnership:

Print Name of Partnership

Address

City, State, Zip Code

Phone Number with Area Code

WITNESS:

__________________________________ _________________________________(SEAL)

Signature of Witness General Partner

QUALIFICATIONS QUESTIONNAIRE 00.1153 - 12

When the Bidder is a corporation:

Print Name of Corporation

Address

City, State, Zip Code

Phone Number with Area Code

ATTEST:

__________________________________ BY:_______________________________(SEAL)

Secretary/Assistant Secretary/ President/Vice President or Treasurer/Assistant Treasurer or other authorized representative other authorized representative

Print Name of Corporate Representative

(CORPORATE SEAL)

END OF SECTION 00.1153

AGREEMENT OF SURETY 00.1154 - 1

AGREEMENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that we, _____________________________________________ as Surety, a corporation existing under the laws of the State of , and authorized to transact business in the

Commonwealth of Pennsylvania hereby agree intending to be legally bound hereby, to execute and deliver to the

TAMAQUA AREA SCHOOL DISTRICT, within the time limit specified in the Contract Documents, the Performance

Bond and Labor and Material Payment Bond in the forms included in the Contract Documents each in an amount of 100% of the contract amount, in favor of the TAMAQUA AREA SCHOOL DISTRICT, as required for the faithful performance and proper fulfillment of the contract for the Storage Building at Tamaqua School District Stadium project for the Tamaqua Area School District as set forth in the Contract Documents on behalf of

_____________________ __________________________________ (hereinafter called the Bidder) provided that the above contract be awarded to the bidder within sixty (60) days after the date of opening of the bids or otherwise as set forth in the Instructions to Bidders.

DATED: _______________, ___________ _______________________________

(CORPORATE SURETY)

ATTEST: ______________________________ BY: ________________________

Secretary President

(CORPORATE SEAL)

END OF SECTION 00.1154

LETTER OF INSURER 00.1155- 1

LETTER OF INSURER

DATE: _______________________________

TO: Ms. Connie Ligenza, Business Manager

Tamaqua Area School District 138 West Broad Street

Tamaqua, PA 18252

Dear Connie Ligenza:

The undersigned insurance agent, licensed to do business in the Commonwealth of Pennsylvania and authorized to issue this letter on behalf of the following insurance company or companies:

hereby represent that if

(insert name of Bidder) is awarded the contract for the construction of the project, as is described in the Contract for Construction, then the above-named insurance company or companies will issue insurance, naming the Tamaqua Area School District and its Architect as additional insured, for the coverages in the amounts required by the Contract Documents, as set forth in Article 11 of the General Conditions.

(Name of Agent)

By: ____________________________________ (Authorized Representative)

END OF SECTION 00.1155

INSTRUCTIONS TO BIDDERS 00.2113 - 1

SECTION 00.2113 – INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Document" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the Contract Documents (including all Addenda issued prior to receipt of Bids). The numbering system refers to Articles.

2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of .pdf documents will be made available on PennBid for free.

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Architect assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Bid Documents consist of Contract Documents (and all reference standards), specifications, addenda and drawings. Bidder is responsible to make sure that the set of Bidding Documents is complete and that any printed contract document is legible and represents properly all the information as represented in the PDF file.

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

3. QUALIFICATIONS OF BIDDERS

3.1 The following information must be completed and submitted with the appropriate bid form.

3.1.1 The qualification questionnaire found in Section 00 11 53. Use additional pages to complete any of the sections if more space is needed.

3.1.2 The Agreement of Surety found in Section 00 11 54.

3.1.3 The Letter of Insurer found in Section 00 11 55.

3.1.4 Executed Non-Collusion Affidavit found in Section 00 45 19.

3.1.5 Executed Bid Bond found in Section 00 43 00.

3.2 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit qualifications submitted with bid to include evidence such as financial data, insurance

INSTRUCTIONS TO BIDDERS 00.2113 - 2

certificates, previous experience of the Bidder and its assigned personnel, present commitments and any other information that may be requested by the Owner. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located, or covenant to obtain such qualification prior to award of the Contract. Owner reserves the right to reject Bidder if he cannot satisfy all of the Qualification Requirements, including those listed in the Technical Specifications.

3.3 In determining the lowest responsible Bidder, the Owner will consider the Bidder’s integrity, efficiency, experience of the Bidder and its assigned personnel, promptness, current work load, financial capability, performance on recent projects, references from Owners, Architects and Engineers, potential list of sub-contractors, schedule of values, and ability to successfully and timely complete the Project. The Owner will scrutinize the apparent low Bidder’s information for full disclosure before intent to award is issued. The apparent low Bidder must demonstrate competency and provide any or all of the above information requested within five (5) days of request. Owner reserves the right to reject Bid if all the information is not received on time and/or does not satisfy the Owner’s evaluation process.

3.4 In addition to all the requirements specified in Articles 3.1, 3.2 and 3.3 regarding qualifications of Bidders, the Owner will evaluate bidders using the following additional criteria:

3.4.1 The Bidder and its assigned personnel, must have successfully performed a minimum of 3 previous public projects within the last 5 years of similar type or a contract value of at least seventy percent (70%) of the amount of the bidder’s base bid. Provide references including telephone number and contact person.

3.4.2 The Bidder shall perform not less than ten percent (10%) of the actual construction Work with staff employed directly by the company. Project management shall NOT be included in this percentage.

3.4.3 The Bidder, or its assigned personnel, must have successfully performed at least 3 public school projects within the last 5 years where they have managed multiple trades and coordinated and scheduled all the activities for projects as per 3.4.1. Provide references including telephone number and contact person.

3.4.4 An agreement of Surety certifying that the Surety Company is committed to provide the bidder with a Performance Bond and Payment Bond each in the amount of one hundred percent (100%) of the contract amount. The Surety Company must have an AM Best rating of A- or better and a financial rating of Class X or higher.

3.4.5 The Bidder’s performance on previous projects including claims, litigation, coordination of work, staffing and timely completion. If it is determined that the bidder does not have a good track record on previous projects, the Owner reserves the right to reject the bid.

3.4.6 The Bidder shall also refer to Articles 11 and 16.

INSTRUCTIONS TO BIDDERS 00.2113 - 3

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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

(1) Examine the Contract Documents thoroughly.

(2) Visit the site to become familiar with local conditions that may affect the cost, progress, performance, or furnishing the Work.

(3) Consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work.

(4) Study and carefully correlate Bidder's observations with the Contract Documents.

(5) Notify Architect of any conflicts, errors, or discrepancies discovered in the Contract

Documents.

4.1.1 REVIEW OF DRAWINGS AND SPECIFICATIONS

A. Bidders shall thoroughly examine and be familiar with the Specifications and Drawings.

The failure or omission of any Bidder to receive or examine any form, instrument, document, or visit the site and acquaint himself with conditions there existing, shall in no way relieve any Bidder from obligation with respect to his Bid. By submitting a Bid, the Bidder agrees and warrants that he has examined the site and the Specifications and Drawings and, where Specifications and/or Drawings require in any part of the Work a given result to be produced, that the Specifications and Drawings are adequate and the required result can be produced under the Specifications and Drawings. No claim for any extra will be allowed because of alleged impossibilities in the production of the results specified or because of inadequate or improper plans and specifications and whenever a result is required, the successful Bidder shall furnish any and all extras and make any changes needed to produce the required result for the sum stated in the form of proposal.

B. Should any Bidder find discrepancies, duplications or omissions in the documents or have doubt as to the meaning expressed by the Contract Documents, he shall make inquiry at once in writing to the Architect. Where changes, corrections or clarifications to Contract Documents are deemed necessary by the Architect, he will issue written Addenda accordingly. Addenda shall be a part of the Contract Documents. No oral, telephone or letter instructions will be considered as having effect upon the Contract Documents; Addenda only shall constitute change to them. Bidders and Sub-bidders are urged to make early examination of Contract Documents and make inquiries about them if necessary, even though prices may not be determined until late in the bidding period.

4.2 The site will be available for visits at the pre-bid conference and at the other specific designated dates and times determined at the pre-bid.

4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Architect by owners of such Underground Facilities or others, and Owner and Architect do not assume

INSTRUCTIONS TO BIDDERS 00.2113 - 4

responsibility for the accuracy or completeness thereof. Contractor shall verify the location of all underground utilities prior to any excavation.

4.4 General Contractor is responsible, on behalf of the Owner, for providing the physical markings of all existing utilities including those on site as indicated on the drawings or that may be identified in the field. The locations shown on the drawings are approximate. The Bidder must include in his proposal the cost for hand-dug test holes, or other means, to ascertain the precise position of such underground facilities on the site owned by the Owner. This verification should be performed for any utilities to be relocated, removed, modified or that may otherwise interfere with planned work. The utilities in the public right of way will be identified and marked by the appropriate facility owner as per the requirements of the PA One Call Act as amended. Physical layout is to be performed in full compliance with the PA One Call PA Act 287 of 1974 as amended by Act 18 of 1996.

4.5 The Owner and Architect will not be responsible for the adequacy of data furnished to prospective

Bidders on subsurface conditions, Underground Facilities and other physical conditions. This information is provided based on information available. Bidder assumes responsibility for verifications, adjustments and modifications that may be required since this is generally recognized as inherent to the work of the Contract Documents.

4.6 Before submitting a Bid, each Bidder will, at Bidder's expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.7 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests, as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4.8 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Bidder in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Bidder.

Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

4.9 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of the bid documents and, that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be

INSTRUCTIONS TO BIDDERS 00.2113 - 5

indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5. INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Contract Documents are to be directed as listed below. Interpretations or clarifications considered necessary by the Architect in response to such questions will be issued through PennBid. PennBid will provide notifications of the presence of new addenda to any registered potential bidders. Questions received after RFI cut-off date (to be specified in addendum) may not be answered.

5.2 Only questions answered by formal written Addenda will be binding. Oral or other interpretations or clarifications will be without legal effect.

Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Architect.

5.3 All questions must be submitted in writing through PennBid. Phone calls are not permitted.

6. BID SECURITY

6.1 A proposal shall be rejected unless accompanied by a Bid Security in the amount of ten percent (10%) of the total of the Base Bid and all possible add alternates. Bid Security shall be in the form of a certified check or bank cashier’s check payable to Owner or a Bid Bond in the form set forth herein, naming as obligee, the Owner.

6.2 The Owner may declare the Bid Security forfeited to the Owner if, following such issuance of a

Notice of Intent to Award to the apparent lowest responsible Bidder, such Bidder fails to deliver the items required for complete evaluation and for contract execution required by the Bid Documents and within the time required by the Bid Documents.

6.3 If Bid Security is submitted in the form of a Bid Bond, the Bid Bond shall be submitted on the form referenced in the Bidding Documents, and the Attorney-in-Fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of its Power of Attorney, authorizing said Attorney-in-Fact to act on behalf of the surety. The Power of Attorney must be dated the same date as the Bid Bond and both the Bid Bond and Power of Attorney shall have affixed the raised corporate seal of the surety. The Bid Bond form must be executed by a surety licensed and authorized to conduct business as a surety within the Commonwealth of Pennsylvania, have an AM Best rating of ‘A-’ or higher and a financial rating of Class X or higher and shall be named in the current list of companies holding Certificates of Authority as acceptable sureties on federal bonds and/or as acceptable reinsuring companies as published in Circular 570 (as amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, and the amount of the bond shall not exceed the underwriting risk of such surety set forth in said circular of revisions thereof. Any bond must be acceptable to Owner.

INSTRUCTIONS TO BIDDERS 00.2113 - 6

6.4 The Bid Security of Bidders will be returned (unless forfeited as stated above) at the Bidder’s request, upon (1) the execution of the Agreement Between Owner and Contractor by Owner, or

(2) the rejection of all bids by Owner, or (3) the expiration of the firm bid period set forth in Section 12 of these Instructions to Bidder. The Owner shall not be liable for any interest on bid security which is held in accordance with these Bidding Instructions.

7. NON-COLLUSION AFFIDAVIT

More than one proposal for the contract from an individual, partnership, corporation, or an association under the same or different name will be grounds for the rejection of all proposals in which such Bidder is interested. Any or all proposals will be rejected if there is reason for believing that collusion exists among any of the Bidders. Participants in such collusion will not be considered in future proposals. A Non-Collusion Affidavit shall be executed and submitted with the Bidder’s proposal using the form set forth herein.

8. CONTRACT TIME

The Bidder acknowledges that a condition of the Contract is that time is of the essence of the Contract and the number of calendar days within which, or the dates by which, the Work is to be substantially completed and completed and ready for final payment (the Contract Time) are set forth in the Contract Documents and are accepted by the Bidder without exception or conditions.

9. LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in the Contract Documents.

10. SUBSTITUTE OR “OR-EQUAL” ITEMS

The various materials and products specified in the specifications by name or description are given to establish a minimum acceptable standard of quality and of cost for bid purposes. When proprietary names are used, and there does not follow a “listing” of acceptable approved manufacturers and/or products, then the proprietary named item must be included in the bid proposal without substitution.

When proprietary names are used, and there follows a “listing” of acceptable “approved” manufacturers and/or products, then the bidder may base the bid on either the proprietary product or any from the “listing”. Bidders may request approval prior to bid opening of non-listed items in accordance with the specifications. When proprietary names are used, and there are alternates on the bid form, then the bidder shall base his bid on the proprietary product or any from the “listing” of approved manufacturers and/or products. The bidder must furnish the specified or listed item regardless of whether or not they were included in his bid. The bidder shall be required to coordinate and pay for any conditions which are required to accommodate the listed or alternate item, including the reimbursement of other affected prime contractors.

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No substitutions (alternatives) will be considered prior to receipt of Bids unless written request for approval has been received by the Architect only from prime Contract Bidders at least ten days prior to the date for receipt of Bids. Such requests shall be in accordance with substitution request procedure, and any other requirements at the Architect or Owner’s discretion.

In order to prequalify, all alternative Manufacturers’ information should be submitted by a prime contract bidder and should include:

• Technical, warranty, and Manufacturer's data specified. A line-by-line comparison of all specified items in the Specification must be made. Submission must be made ten (10) days prior to Bid opening.

• Architect will review submission and any acceptable substitutions will be listed in an addendum.

All manufacturers not specifically approved by addendum shall not be considered.

• Only manufacturers that are qualified prior to the Bid Opening will be considered acceptable Manufacturers.

10.1 The approval of a substitution shall be at the sole determination of the Architect and upon approval of the Owner, if a proposed substitution (alternative) is approved prior to receipt of Bids, such approval will be set forth in an addendum. Bidders shall not rely upon approvals in any other manner. If a proposed substitution is not specifically approved by addendum they are rejected.

10.2 No substitutions (alternatives) will otherwise be considered after the Contract award.

10.3 No substitutions (alternatives) will be considered for pre-bid approval later than ten (10) days before bids are due.

11. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.1 All subcontractors proposed for the project shall have been in business for a minimum of five

(5) years and must have a successful record of completing, at a minimum, five (5) projects of similar size and cost. Subcontractors must also have business insurance, workmen’s compensation, adequate resources of man power, tools and equipment and must be defined as an independent contractor by the IRS.

11.2 At the Owner’s request the identity of certain Subcontractors, Suppliers and other persons or organizations (including those who are to furnish the principal items of material and equipment) is to be submitted to Owner in advance by the apparent Successful Bidder, and any other Bidder so requested. Within five (5) days after the Bid Opening, submit to Owner a list of all such Subcontractors, Suppliers and other such persons or organizations proposed for those portions of the Work for which such identification is required. An experience statement shall accompany such list with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner and Construction Manager, after due investigation, have reasonable objections to any proposed

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Subcontractor, Supplier, and other person or organization, then Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid Price.

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

Contract to the next lowest Bidder that proposed to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder.

12. BID FORM

12.1 THE BID FORM SHALL NOT BE ALTERED. ALTERED BID FORMS MAY BE CONSIDERED NON-

RESPONSIVE AND MAY BE REJECTED.

12.2 The Bid Form is included with the Bidding Documents; NO additional copies will be provided.

12.3 All the blanks of the Bid Form must be completed in ink or by type.

12.4 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by the evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.5 Bids by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature.

12.6 All names must be typed or printed below the signature.

12.7 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). Properly issued Addenda shall be binding upon all Bidders, regardless of whether a Bidder fails to acknowledge receipt.

12.8 The address and telephone number for communications regarding the Bid must be shown.

12.9 If there is a discrepancy between the written words and numerical figures written on the bid form, the written words shall prevail.

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13. SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid via PennBid and shall be in accordance with the requirements of PennBid. If the Bid is delivered in any hard copy format to the owner, the bid will be invalid.

14. MODIFICATIONS AND WITHDRAWAL OF BIDS

14.1 Bids shall be irrevocable for sixty (60) days after the actual day of opening thereofunless delayed by the required approval of another governmental agency, the sale of bonds or the award of a grant, in which case, Bids shall be irrevocable for 120 days after Bid opening. Extensions of the date for the award of contract may be made by the mutual written consent of Owner and the lowest responsible and responsive Bidder.

14.2 Neither the designation of the apparent lowest responsible Bidder, nor the issuance of a Notice of Intent to Award to the Bidder so designated shall operate to release any other Bidder from its Bid. Each such other Bidder, unless earlier released from its Bid by specific action of the Owner, shall remain bound by its Bid until the earlier of (1) the date of actual execution by Owner of the Agreement Between Owner and Contractor with the Bidder whom the Award of Contract has been made, or (2) the expiration of the firm Bid period stipulated above.

14.3 Negligence by the Bidder in preparing his proposal confers no right of withdrawal or modification of his proposal after such proposal has been opened. No claims on account of mistakes or omissions of any proposal will be considered. Notwithstanding the above, a Bidder may withdraw his proposal within two (2) business days after the Bid opening time in accordance with the Public Contracts – Withdrawal of Bids Law, Act of January 23, 1974, P.L. 9, No. 4, 73 P.S. §1601 et seq., as amended. A Bid which has been opened may be withdrawn only in accordance with the causes set forth in said Act and for no other reasons. Strict compliance with said Act is required to withdraw a Bid after opening.

15. OPENING OF BIDS

Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the Base Bids and major alternate(s) (if any) will be made available to Bidders after the opening of the Bids.

16. AWARD OF CONTRACT

16.1 The Owner’s intent is to enter into Contracts with the lowest responsible and qualified Bidders.

Bid forms shall NOT BE ALTERED IN ANY MANNER. Owner reserves the right to reject any and all bids, to waive all informalities or technicalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or

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conditional bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the correct sum.

16.2 In evaluating Bids, Owner will consider the qualifications of such Bidders (see Article 3), whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons or organizations proposed for any portions of the Work requested by Owner. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualification and financial ability of Bidders, Subcontractors, Suppliers, and other persons or organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

16.5 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Intent to

Award within sixty (60) days after the day of Bid Opening unless delayed by the required approval of another governmental agency.

16.6 The Owner reserves the right to waive non-material defects in any bid if it determines that it is in its best interest to do so. The Owner reserves the right to reject all bids.

17. CONTRACT SECURITY & INSURANCE

The General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance, Payment Bonds and Insurance requirements.

17.1 The apparent low bidder must provide Payment and Performance Bonds in the form included in the Contract Documents within 10 days of the issuance of Notice of Intent to Award. Other bond forms will not be accepted. Failure of the apparent low bidder to provide original executed Payment and Performance Bonds in the required form within the required time will result in forfeiture of the Bid Security.

18. SIGNING OF AGREEMENT

When Owner issues Intent to Award to the Successful Bidder, the Bidder shall within ten (10)days thereafter, deliver to the Owner, four (4) original copies of the required Bonds and Insurance Certificates.

Within ten (10) days thereafter, the Architect will deliver four (4) agreements to Bidder. The Bidder shall sign the agreements and return all original documents to the Architect .The Architect will forward the

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agreements to the Owner for signature. The Owner will return one (1) signed agreement to the Bidder and Architect.

19. RETAINAGE

Retainage will be in accordance with the Contract Documents.

20. PREVAILING WAGES

Pennsylvania Prevailing Wage Predetermination rates will apply to this Project. The Bidder shall keep an accurate record showing the name, craft and actual hourly rate of wage paid to each workman employed by him and such record shall be preserved for two years from date of payment. The records shall be open at all reasonable hours to the inspection of the public body awarding the Contract and to the Secretary of the Department of Labor and Industry. The Architect assumes no responsibility to verify or document records of the Bidder or Contractor(s). Any failure of the Contractor or notification to the same in regards to wage rates or payment will require the Owner to withhold payments until the record is resolved.

21. COMPETENT WORKMEN

No person shall be employed to perform any work under the Contract if they are not legally eligible to be employed under applicable state and federal law or if they are not a trained, competent workman or mechanic, as applicable. For purposes of this Section, no workman or mechanic, as applicable, shall be regarded as competent unless he shall be duly skilled in the applicable branch of labor.

21.1 The Commonwealth of Pennsylvania enacted Act 127 of 2012, known as the Public Works

Employment Verification Act (‘the Act’) which requires all public work contractors and subcontractors to utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work projects are authorized to work in the United States.

The Department defines a “Public Work” to be construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of twenty-five thousand dollars ($25,000) but shall not include work performed under a rehabilitation or manpower training program.

The Department of General Services’ Public Works Employment Verification Compliance Program is responsible for the administration, education and enforcement of the Public Works Employment Verification Act 127 of 2012. It provides contractors and subcontractors with educational outreach, conducts investigations when complaints are received and random audits to ensure compliance with the requirements of this Act.

Please direct your questions to the Public Works Employment Verification Compliance Office

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Mail: Department of General Services Public Works Employment Verification Compliance Office Room 105 Tent Bldg.

18th & Herr Streets Harrisburg, PA 17125

Statement of Policy as published in the Pennsylvania Bulletin, December 29, 2012, and effective January 1, 2013. Public Works Employment Verification Form attached.

21.2 Before commencing the Work, Contractor shall supply the Owner with state and federal criminal history reports and child abuse clearances for all employees, agents and subcontractors who will be on the Owner’s property. The original clearances must be presented to the Owner prior to each employee, agent or subcontractor coming on the Owner’s property. All such clearances shall be dated no earlier than one year prior to the date of presentation to the Owner. The Owner shall retain a copy of all such clearances in its file.