2-467-95 2025-02 Bid Specs.pdf

ISSUED TO:

CARNEGIE BOROUGH

ALLEGHENY COUNTY, PENNSYLVANIA

BIDDING DOCUMENTS FOR

CONTRACT NO. 2025-02

IRISHTOWN SEWER SEPARATION PROJECT

RELEASED FOR BID

OCTOBER 2025

Copyright © 2025 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.

5173 Campbells Run Road Pittsburgh, PA 15205 Telephone: (412) 494-0510 Fax: (412) 494-0426

E-mail: info@klhengineers.com Ref. No. 467-95 mailto:info@klhengineers.com

Copyright © 2025 KLH Engineers, Inc.

All Rights Reserved Worldwide i 467/2025-02

TABLE OF CONTENTS

SECTION PAGE NO.

Advertisement..........................................A-1 to A-2

Instructions to Bidders...............................B-1 to B-10

Bid Form / Contract No. 2025-02...........................PennBid

Bid Bond...............................................D-1 to D-2

General Conditions....................................E-1 to E-30

Supplemental General Conditions.......................F-1 to F-20

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Section 01000 – Scope.....................................01000-1 Section 01010 - Drawings Index............................01010-1 Section 01020 - Summary of Work...........................01020-1 Section 01042 – Supplemental Utility Line Conditions......01042-1 Section 01090 - References................................01090-1 Section 01170 – Surveys...................................01170-1 Section 01200 – Project Meetings..........................01200-1 Section 01300 – Submittals................................01300-1 Section 01301 – Paving Submittals.........................01301-1 Section 01500 – Temporary Facilities and Control..........01500-1 Section 01550 – Maintenance & Protection of Traffic.......01550-1 Section 01551 – Barriers and Enclosures...................01551-1 Section 01570 – Temporary Erosion and Sediment Control....01570-1 Section 01651 – Utility Pipeline Commissioning............01651-1 Section 01700 – Rights of Way.............................01700-1 Section 01740 – Clean Up of Work Site.....................01740-1 Section 01741 – Dust and Mud Control......................01741-1 Section 01800 – Substantial Completion....................01800-1

All Rights Reserved Worldwide ii 467/2025-02

DIVISION 2 - SITE WORK

Section 02000 – Site Work.................................02000-1 Section 02040 – Site Preparation..........................02040-1 Section 02050 – Demolition................................02050-1 Section 02080 – Bypass Sewage.............................02080-1 Section 02140 – Dewatering................................02140-1 Section 02150 – Shoring...................................02150-1 Section 02220 – Excavating, Backfilling, and Compacting...02220-1 Section 02230 – Rip Rap...................................02230-1 Section 02280 – Soil Treatment............................02280-1 Section 02500 – Paving & Surfacing........................02500-1 Section 02609 – Detectable Marking Tape...................02609-1 Section 02720 – Drainage System...........................02720-1 Section 02750 – Reinforced Concrete Pipe..................02750-1

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 03310 – CLSM- Flowable Fill.......................03310-1 Section 03345 – Concrete Finishing........................03345-1 Section 03350 – Cement Concrete Sidewalks and ADA Ramps...03350-1 Section 03600 – Grout.....................................03600-1

Measurement and Payment................................H-1 to H-6

Agreement / Contract No. 2025-02.......................J-1 to J-4

Payment Bond...........................................K-1 to K-3

Performance and Maintenance Bond.......................K-4 to K-6

Certificate of Insurance......................................K-7

Appendix A - Grant Agreement

Appendix B – DBE Solicitation Help Guide

All Rights Reserved Worldwide

A-1 467/2025-02

ADVERTISEMENT

COMMONWEALTH OF PENNSYLVANIA

COMMONWEALTH FINANCING AUTHORITY

COVID-19 ARPA PA SMALL WATER AND SEWER PROGRAM

This contract is entered into by and between the Commonwealth of

Pennsylvania (the “Commonwealth”), acting through the Commonwealth

Financing Authority (the “Grantor”), and

ONE VETERANS WAY

CARNEGIE, PA 15106

(the “Grantee”).

Sealed bids will be received by Carnegie Borough, Allegheny County, Commonwealth of Pennsylvania, for the following:

BID OPENING – Sealed bids shall be submitted online via the PennBid

Program until 10:00AM local time on Monday, November 3rd, 2025, at which time all bids will become publicly available.

Equipment and Services to be provided shall be according to the specifications which are on file at the office of KLH ENGINEERS, INC., 5173 Campbells Run Road, Pittsburgh, Pennsylvania, 15205, and at the Borough building.

All plans and specifications are available online at no cost at https://pennbid.bonfirehub.com.

No Bid may be withdrawn for a period of ninety (90) days after the time of the opening of the bids.

Contractor shall submit an E-Verify Program Verification in compliance with the Public Works Employment Verification Act 127 of

2012.

BIDDER'S SURETY -- A certified check payable to the Carnegie

Borough or a bid bond on the bid form executed by the Bidder and a surety company approved by the OWNER, in an amount equal to ten percent (10%) of the total amount of bid, must be submitted with each bid or bids will be considered nonresponsive and immediately rejected.

SUCCESSFUL BIDDING BIDDER awarded this contract shall provide a

A-2 467/2025-02 performance surety in the amount of one hundred percent (100%) of the Contract amount.

EQUAL OPPORTUNITY EMPLOYER -- the Carnegie Borough fully complies with the provisions of this act. All qualified bidders are invited to submit a proposal.

This project is financed in part by a grant from the

Commonwealth of Pennsylvania, Commonwealth Financing Authority.

CARNEGIE BOROUGH BOARD COUNCIL RESERVES THE RIGHT TO AWARD OR TO

REJECT ANY AND/OR ALL PORTIONS THEREOF PROPOSALS SUBMITTED, AND TO

WAIVE INFORMALITIES IN THE BIDDING PROCESS IF IN THE BEST INTEREST

OF THE AUTHORITY.

Steve Beuter

Borough Manager

B-1 467/2025-02

Section B

INSTRUCTIONS TO BIDDERS

B1 Designation of Work

The work included under this contracts covers the furnishing of all labor, materials, tools, and equipment required to complete the work as described herein, shown on the Contract Drawings and necessary for complete operating facilities.

The work under Contract No. 2025-02 generally consists of new construction of a storm sewer main, inlets, capping and filling existing sewers discharging into the combined system, a new stormwater outfall, etc.

B2 Location of Construction Work

All construction work is proposed to be performed along 6th

Street, 3rd Avenue, and 5th Street in Carnegie Borough, Allegheny

County, PA.

B3 Copies of Bidding Documents

Copies of the Bidding Documents for the described work may be obtained online at no cost via the PennBid Program

(https://pennbid.bonfirehub.com).

Complete sets of Bidding Documents shall be used in preparing

Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

OWNER and ENGINEER in making copies of 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.

B4 Qualifications of Bidders

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five days of OWNER's request, written information such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the Project is located.

B-2 467/2025-02

B5 Examination of Contract Documents and Site

Before submitting a Bid, each Bidder shall: (a) examine the

Bidding/Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect access, cost, progress or performance of the work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect access, cost, progress, or performance of the Work; and (d) study and carefully correlate Bidder's observations with the

Contract Documents.

Before submitting his Bid, each Bidder shall, at his own expense, make such investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

On request, OWNER may assist each Bidder who desires access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid.

B6 Interpretations

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 five (5) days prior to the date for receipt of bids. Replies will be issued by Addenda, posted within PennBid’s “Files/Public Notices” tab, and an email notice will be sent to all parties recorded as having received the

Bidding Documents. Questions received less than five days prior to the date of bid opening may not be answered. Only interpretations written by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

B7 Bid Security

Bid Security shall be made payable to OWNER, in an amount of not less than ten percent (10%) of the Bidder's maximum Bid price in the form of either a certified bank check or a Bid Bond on the form attached in Section D, issued by a Surety meeting the requirements set forth at the bottom thereof. The bid bond must be uploaded when electronically submitting bid.

The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the

B-3 467/2025-02

Required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of

Notice of Award, OWNER may annul said Notice and the Bid

Security of that Bidder will be forfeited. The Bid Security of any Bidder whom OWNER believes to have a reasonable consideration for receiving the award may be retained by OWNER until after the effective date of the Agreement.

B8 Contract Time

The number of calendar days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement.

B9 Employee Eligibility Verification

The CONTRACTOR shall include a Public Works Employment

Verification Form, as provided by the Pennsylvania Department of

General Services, and available at www.dgs.pa.gov. The Public

Works Employment Verification Form pertains to each employee hired by the CONTRACTOR after January 1, 2013, whether the employee will be working on or offsite of the Project, or otherwise. The Public Works Employment Verification Form will be evaluated by the OWNER as part of establishing Bidder responsibility.

B10 Nondiscrimination and Sexual Harassment

CONTRACTOR shall submit signed Nondiscrimination and Sexual

Harassment Clause attached after Section B – Instructions to

Bidders, with Bidding Package.

B11 Liquidated Damages

Provisions for liquidated damages are set forth in the

Agreement.

B12 Bid Forms

With the exception of the Public Works Employment Verification

Form which must be obtained from the Pennsylvania Department of

General Services website, www.dgs.pa.gov, the Bid Forms are available within PennBid’s “Bid” tab.

Bids by Corporations must be executed and submitted in the corporate name by the president or a vice-president (or other

B-4 467/2025-02 corporate officer accompanied by evidence of authority to submit).

Bids by Partnerships must be executed and submitted in the partnership name by a partner.

The Bids shall contain an acknowledgment of receipt of all

Addenda (the numbers of which shall be filled in on the Bid Form by the Bidder).

B13 Submission of Bids

Bids shall be submitted online via the PennBid Program

(https://pennbid.bonfirehub.com).

B14 Modification and Withdrawal of Bids

Bids may be modified or withdrawn at any time prior to the opening of Bids.

B15 Award of Contract

OWNER reserves the right to reject any and all Bids for whatsoever cause and to waive any and all informalities in the

Bid. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum and/or the products shown as a result of extending unit prices and the correct sum and/or products thereof will be resolved in favor of the correct sum and/or products.

In evaluating Bids, OWNER shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates and unit prices (if requested) in the Bid forms.

OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of any or all Bidders.

If the contract is to be awarded, it will be awarded on the Base

Bid or Alternate Bid Items selected by the OWNER which are those of the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project.

B-5 467/2025-02

B16 Performance and Other Bonds

The General Conditions and/or the Supplemental General

Conditions set forth OWNER's requirements as to Performance and other Bonds. When the Successful Bidder delivers the executed

Agreement to OWNER it shall be accompanied by the required

Contract Security.

B17 Signing of Agreement

When OWNER advises of a Contract Award to the Successful Bidder, it will be accompanied by at least five unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen

(15) days thereafter, CONTRACTOR shall sign and deliver all counterparts of the Agreement to OWNER with all other Contract

Documents attached. Within ten (10) days thereafter OWNER will deliver two fully signed counterparts to CONTRACTOR -- one each intended for the CONTRACTOR and the CONTRACTOR's Surety Company.

The times set forth herein are of the essence and Bidder's failure to comply herewith may, at the discretion of the OWNER, result in forfeiture of the Bid Security.

B18 Existing Utilities, Structures, Materials and Subsurface

Conditions

CONTRACTOR is directed to the provisions of the Underground

Utility Line Protection Law Act 287 (1974), as amended by Act

181 December 2006, and full compliance therewith is required of the CONTRACTOR.

Certain information regarding the reputed presence, size, character and location of existing underground structures and public and private utilities such as pipes, drains, sewers, electrical lines, telephone lines, cable TV lines, gas lines, water lines, materials and/or subsurface conditions, has been shown on the Contract Drawings.

Neither the OWNER nor the ENGINEER makes any warranty or representation that the information obtained through the

Pennsylvania One-Call system is accurate. To this end the

CONTRACTOR shall perform due diligence in determining the actual location of the reputed facilities as required by Act 287 as amended.

The CONTRACTOR shall be responsible for and bear all costs of protecting all structures and utilities indicated on the drawings, both above the ground and below the ground, within and

B-6 467/2025-02 outside the right-of-way.

The CONTRACTOR shall have the responsibility of providing special means to brace and hold the utility lines, the telephone poles and the electrical power poles in place during the construction, and to reinforce and protect same from future displacement, disturbance or damage attributable to settlement of backfill or surface water erosion of restored areas.

B19 Buy American

In accordance with federal regulations and guidelines the

CONTRACTOR agrees that preference will be given to domestic construction materials by the CONTRACTOR, subcontractors, materials and suppliers in the performance of this contract. The requirements of the “Steel Products Procurement Act” shall supersede the “Buy American” requirements.

B20 Pennsylvania Sales and Use Tax

Materials and equipment utilized under the contract may or may not be exempt from Pennsylvania sales tax. The CONTRACTOR shall make their own determination as to which, if any, of the materials and equipment utilized under the contract are exempt from sales tax. Beyond issuing a blanket sales tax exemption form, the OWNER and/or ENGINEER will provide no further assistance in this determination. Failure of the CONTRACTOR to make this determination will not be grounds for additional compensation under the contract.

B21 Steel Products

Each CONTRACTOR, equipment and material supplier on these contracts is notified that materials utilized under these contracts must comply with the provisions of the Act of March 3, 1978 (P.L.6 No. 3), known as the "Steel Products Procurement

Act". The CONTRACTOR is required to submit Form SP (provided as the last page of Section B) with each initial shop drawing submittal as applicable.

All iron, steel and manufactured goods used in this project shall, pursuant to the allowances of the Steel Products

Procurement Act, be produced in the United States unless:

i. The head of the Owner, in writing, determines that steel products as defined by the Steel Products

Procurement Act are not produced in the United States

B-7 467/2025-02 in sufficient quantities to meet the requirements of the contract; or

ii. The steel products, as defined by the Steel Products

Procurement Act, are included on a list, published on the Pennsylvania Department of General Services website, of exempt machinery and equipment steel products identified by the Pennsylvania Department of

General Services as having not been produced in the

United States in sufficient quantities in the previous calendar year.

B22 Americans with Disabilities Act

Pursuant to the Americans with Disabilities Act, 42 U.S. Code §

12101, et. Seq., no qualified individual with a disability may, on the basis of the disability, be excluded form participation in this contract or from activities provided under this

Contract.

Contractor shall comply with Title II of the Americans with

Disabilities Act, the “General Prohibitions Against

Discrimination” set forth in 28 C. F. R § 35.130, and all other regulations that apply to state and local governments for all goods and services provided pursuant to this contract.

B23 Applicable Law and Forum

This contract is governed by and must be interpreted and enforced in accordance with federal law, where applicable, and with laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provision) and the decisions of the

Pennsylvania courts.

Contractor consents to the jurisdiction of any court in the

Commonwealth of Pennsylvania and any federal courts in

Pennsylvania and waives any claim or defense that such forum is not convenient or proper.

Any Pennsylvania court or tribunal; has in personam jurisdiction over the Contractor, and the Contractors consents to service of process in any manner authorized by Pennsylvania law.

This provision may not be interpreted as a waiver or limitation of the Commonwealth’s rights and defenses.

B-8 467/2025-02

End of Section B

Instructions to Bidders

B-9 467/2025-02

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 Title:__________________________________________

2. Specification Paragraph No. ______________ Specification Page:____________________________

3. Product: ____________________________________________________________________________

4. Name of Supplier: ___________________________________________________________________

5. Address of Supplier:__________________________________________________________________

6. Federal Employer I.D. No.:_________________ Phone No. : (___) __________________________

7. Total cost of materials in the item listed in Item 3 that were manufactured/produced in the United States is greater than 75% of total cost of all materials.

________YES _________ NO

CERTIFICATION: I, the undersigned Officer of the above named firm, do certify that our firm assembled/manufactured the components to the steel products listed in Item 3, that the steel in said product is both foreign and domestically manufactured and that all the facts contained in this document are true. I further understand that this document is subject to the provisions of the Unsworn Falsification to Authorities Act (18

P.S. S4904) which provide penalties including, but not limited to, debarment from supplying and products for

Commonwealth of Pennsylvania public works projects for a period of five (5) years for violations therein.

WITNESS:

______________________________________ _______________________________(SEAL)

Secretary or Treasure President or Vice President

(Corporate Seal) (Fabricator's Company)

Date:________________________________

B-10 467/2025-02

THIS PAGE LEFT INTENTIONALLY BLANK

NONDISCRIMINATION/SEXUAL HARASSMENT

a. Representations. The Grantee represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the agreement. The Grantee shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

b. Nondiscrimination/Sexual Harassment Obligations. The Grantee shall not:

i. in any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontract, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (“PHRA”) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

ii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

iii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this agreement or any subgrant agreement, contract, or subcontract.

iv. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor, or supplier who is qualified to perform the work to which this agreement relates.

v. in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee

Relations Act, Pennsylvania Labor Relations Act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Acts’ enforcement and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

c. Establishment of Grantee Policy. The Grantee shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these

Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined. For the entire period of this agreement, the Grantee shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near where the grant activities are performed; or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

d. Notification of Violations. The Grantee’s obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the agreement. Accordingly, the

Grantee shall notify the Commonwealth if, at any time during the term of this agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

e. Cancellation or Termination of Agreement. The Commonwealth may cancel or terminate this agreement and all money due or to become due under this agreement may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions.

In addition, the granting agency may proceed with debarment or suspension and may place the

Grantee in the Contractor Responsibility File.

f. Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these Nondiscrimination/Sexual Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement. The incorporation of these provisions in the Grantor’s subgrants, contracts, or subcontracts does not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by those provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor’s violation of these provisions, the Grantee shall use its best efforts to ensure the subgrantee’s, contractor’s, or subcontractor’s compliance with these provisions.

Signature

Print

Date

D-1 467/2025-02

Section D

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we ________________________ as Principal and _______________________________________________ of ____________________________________, State of _____________, a corporation existing under the laws and the State of ____________________, and authorized to transact business in ____________________, as Surety, are held and firmly bound unto

(OWNER)

(ADDRESS)

hereinafter called the Obligee, in the sum of __________________________ Dollars ($_______________) lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Proposal or Bid dated _________________, 20___, for the ______________________________

NOW THEREFORE, the condition of this Bond shall be such that if the Principal, upon due acceptance of said Proposal and award of the Contract to him by the Obligee, bonds with good and sufficient surety as may be required by the Contract Documents, and furnishes the Obligee proper evidence of effectiveness of insurance coverage, respectively, within the time, in the forms and in the amounts as appropriate, required by the Contract Documents, and enters into a Contract with the Obligee in accordance with the Contract Documents, then this Bond shall be void; otherwise, the Bond shall be and shall remain in full force and effect.

The Principal and Surety hereby stipulate and agree that if the Principal fails to perform all conditions of this Bond, they will pay the sum of the Bond to the Obligee as fixed, liquidated damages.

The Surety, for value received, hereby stipulates, and agrees that the obligations of said Surety and its Bond shall be in no way impaired of affected by any extension of time within which the OWNER may accept such bid; and said Surety does hereby waive notice of extension.

D-2 467/2025-02

It is the intention of the parties to be legally bound by this instrument.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this ___ day of ___________, 20___, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned and representative, pursuant to authority of its governing body.

ATTEST: DATE: ____________________, 20____

WITNESS: __________________________________

Name of Bidder, Corporation, Firm or Individual

__________________________ By________________________________

(Title)

Business Address of Bidder

ATTEST:

Surety

Attorney-in-Fact

IMPORTANT – Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

E-1

Section E

GENERAL CONDITIONS

E1 Definitions

Wherever used in these General Conditions or in the other

Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Addenda

Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents and which will be included as Section L of the Contract Documents for award and construction.

Advertisement

The legally published and/or distributed notification to prospective Bidders and others of the Project and the OWNER's intent to receive bids on same. The Advertisement is included as

Section A of these documents.

Agreement

The written agreement between OWNER and CONTRACTOR covering the

Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. The

Agreement is included as Section J of the Bidding/Contract

Documents.

Application for Payment

The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract

Documents, Section H.

Bid

The offer or proposal of the bidder submitted on the prescribed

Bid Form setting forth the prices for the Work to be performed.

Bid Forms are Section C of these documents.

Bonds

Bid, performance, payment, labor and materialsmen, maintenance and special bonds and other instruments of security. The Bid

Bond form is Section D; other Surety Bond forms are Section K of these documents.

E-2

Change Order

A document signed by CONTRACTOR and OWNER which authorizes an addition, deletion or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the

Effective Date of the Agreement.

Contract Documents

The Advertisement, Instructions to Bidders, Bid Form, Bid Bond, General Conditions, Supplemental General Conditions, Technical

Specifications, Measurement and Payment, Agreement, Bonds, Addenda and Drawings together with all modifications and supplements issued as Change Orders on or after the Effective

Date of the Agreement.

Contract Price

The moneys payable by OWNER to CONTRACTOR under the Contract

Documents as stated in the Agreement.

Contract Time

The number of calendar days stated in the Bid Form and in the

Agreement for the completion of the Work.

CONTRACTOR

The person(s), firm(s) or corporation(s) with whom OWNER has entered into the Agreement.

Drawings

The drawings, plans, details, supplemental details, graphics, diagrams, photo reproductions and other representations which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and/or the

OWNER.

Effective Date of the Agreement

The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the parties to sign and deliver.

ENGINEER

KLH Engineers, Inc.

General Conditions

Terms pertaining to the Contract and the performance of the Work thereunder that are of frequent and continuing applicability.

The General Conditions are included as Section E of these documents.

E-3

Laws and Regulations

Laws, rules, regulations, ordinances, codes appertaining to the conduct of and/or location of the work.

Insurance

Protection provided to the parties to the Contract as required by the General Conditions and the Supplemental General

Conditions and evidenced by either insurance policies or certificates of insurance coverages. Form of certificate and coverages is included under Section K.

Measurement and Payment

The conditions under which payments are to be determined and made to the CONTRACTOR for Work performed under the Contract or as an addition to or deduction from the Contract. The

Measurement and Payment provisions are included as Section H.

Notice of Award

The written notice by the OWNER or ENGINEER to the apparent

Successful Bidder stating that the Contract has been awarded to it.

Notice to Proceed

A written notice given by the OWNER or ENGINEER to CONTRACTOR fixing the date on which the Contract Time will commence. When such Notice to Proceed is not issued, the Contract Time will commence on the date appearing in the Agreement (Section J).

OWNER

The private or public agency with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.

Partial Utilization

Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching

Substantial Completion for all the Work.

Project

The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.

Resident Project Representative

The authorized representative of the ENGINEER or the OWNER who is assigned to the site or any part thereof, for the purpose of monitoring the construction of the work under this contract.

E-4

Shop Drawings

All drawings, diagrams, illustrations, schedules, catalog information and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and which are submitted by CONTRACTOR for review and/or approval for incorporation in the Work.

Technical Specifications

Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. They are

Section G of these documents.

Subcontractor

An individual, firm or corporation having a direct contract with

CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.

Substantial Completion

The Work (or a specified part thereof) which has progressed to the point where, in the opinion of the OWNER and/or ENGINEER, it is sufficiently complete, in accordance with the Contract

Documents, so that the WORK (or specified part) can be utilized for the purposes for which it is intended.

Supplemental Details

Certain drawings, plans, details, characteristic curves, graphics, diagrams, photo reproductions, tabular data, or other representation respective to the Work and which are bound in the rear of the Bidding/Contract Documents Book as Section I.

Supplemental General Conditions

The part of the Contract Documents which amends or supplements these General Conditions (if any). They are Section F of these documents.

Supplier

A manufacturer, fabricator, supplier, distributor, materialman, or vendor.

Unit Price Work

Work to be paid for on the basis of unit prices.

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Work

The entire construction or the various separately identifiable parts thereof required to be furnished under the Contract

Documents. Work is the result of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the construction, all as required by the Contract

E2 Preliminary Matters

E2.1 Delivery of Bonds

When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with the Contract

Documents. The Surety Bond forms are attached as Section K of these documents.

E2.2 Copies of Documents

All bidding documents are available online at no cost via the

PennBid Program (https://pennbid.bonfirehub.com). Unauthorized reproduction of the drawings or the specifications by the

CONTRACTOR shall not be permitted.

E2.3 Public Works Employment Verification Act

The Contractor and any Subcontractor(s) shall participate in the

E-Verify Program operated by the United States Department of

Homeland Security that electronically verifies employment eligibility for employees (“EVP”) and shall, subject to the requirements of federal law governing the use of EVP, use EVP to verify employment eligibility of each new employee hired after

January 1, 2013, whether such employee will be working onsite or offsite of the Work or otherwise. Contractor and any

Subcontractor(s) shall prove participation with EVP through providing the Owner with a fully completed and unaltered Public

Works Employment Verification Form, as provided by the

Pennsylvania Department of General Services, and available at www.dgs.state.pa.us, for each employee hired by the Contractor after January 1, 2013, whether the employee will be working onsite or offsite of the Project or otherwise. Each new employee hired by Contractor or Subcontractor(s) after January 1, 2013, shall be verified within 5 business days of his start date, whether such employee will be working onsite or offsite of the

Project or otherwise.

A Subcontractor must submit to the Contractor, and the

Contractor must submit to the Owner, a fully complete and unaltered Public Works Employment Verification Form prior to commencing work.

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The Contractor and Subcontractor(s) shall maintain documentation of continued compliance with the Public Works Employment

Verification Act by utilizing the EVP for new employees hired throughout the duration of the public works contract.

Neither the Contractor nor Subcontractor(s) shall discriminate against an employee on the basis of race, ethnicity, color or national origin while utilizing the EVP for verification purposes.

Contractors and Subcontractor(s) shall cooperate with the

Pennsylvania Department of General Services and/or any other competent authorities during any investigation or audit arising under the Act.

Contracts between the Contractor and Subcontractor(s) and

Subcontractor(s) with Subcontractor(s) shall contain provisions substantially similar to the following:

“This Agreement is subject to the requirements of the Public

Works Employment Verification Act, Act 127 of 2012, 43 P.S. §§

167.1-167.11, and applicable regulations and guidelines, 4 PA.

Code Ch. 66 (the “Act”). Generally, the Act requires that prior to beginning work on a public works contract; Subcontractors are required to submit to the public body awarding the contract a fully completed and unaltered Public Works Employment

Verification Form, as provided by the Pennsylvania Department of

General Services, and available at www.dgs.state.pa.us. Each new employee hired by Subcontractor after January 1, 2013, shall be verified within 5 business days of his start date, whether such employee will be working onsite or offsite of a public work or otherwise.

The Subcontractor(s) shall maintain documentation of continued compliance with the Public Works Employment Verification Act, Act 127 of 2012, 43 P.S. §§ 167.1-167.11, by utilizing the E-

Verify Program for new employees hired throughout the duration of the public works contract. Subcontractor(s) shall not discriminate against an employee on the basis of race, ethnicity, color or national origin while utilizing the E-Verify

Program operated by the United States Department of Homeland

Security for verification purposes. Subcontractor(s) shall cooperate with the Pennsylvania Department of General Services and/or any other competent authorities during any investigation or audit arising under the Act.”

E2.4 Commencement of Contract Time; Notice to Proceed

The Contract Time will commence on the effective date of the

Agreement or, if a Notice to Proceed is given, on the date indicated in the Notice to Proceed. A Notice to Proceed may

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Bidders.

E2.5 Starting the Project

CONTRACTOR may start to perform the Work on the date when the

Contract Time commences, but no Work shall be done at the site prior to the date on which the Contract Time commences. If scheduled by the Engineer, the CONTRACTOR will be required to attend a pre-construction meeting.

Within ten days after the Effective Date of the Agreement

(unless otherwise specified in the General Requirements), CONTRACTOR shall submit to OWNER or his designee, for review:

- A proposed progress schedule indicating the starting and completion dates of the various stages of the work;

- A schedule of values for all of the Work. This will include quantities and prices of items aggregating the

Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction.

Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates, and other evidence of insurance requested by OWNER which CONTRACTOR is required to purchase and maintain in accordance with the

E3 Intent of the Contract Documents

E3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract

Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the

Project.

If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once, and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER; any work performed by CONTRACTOR without reporting such conflicts, errors, or discrepancies, in writing, to the ENGINEER will be at the CONTRACTOR's risk.

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In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways:

- ENGINEER'S approval of Shop Drawing(s) or sample(s)

- ENGINEER's written interpretation or clarification

E4 Availability of Lands; Report of Differing Conditions;

Underground Facilities; Reference Points

E4.1 Availability of Lands

OWNER shall furnish the lands upon which the Work is to be performed and rights-of-way and easements which, in the opinion of the ENGINEER, are required for construction. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities, specific access routes to the site of the work, or storage of materials and equipment.

E4.2 Report of Differing Conditions

If CONTRACTOR believes that any physical condition uncovered or revealed at the site differs materially from that indicated, reflected, or referred to in the Contract Documents, he shall promptly, after becoming aware thereof and before performing any Work in connection therewith (except in an emergency), notify OWNER and ENGINEER in writing about the difference.

E4.3 Underground Facilities

The information and data shown or indicated in the Contract

Documents with respect to existing underground utilities, structures and/or other facilities at or contiguous to the site, is based on information and data furnished to OWNER or

ENGINEER by the owners of such underground facilities or by others. CONTRACTOR shall have full responsibility for:

reviewing and checking all such information and data; for locating all underground facilities; and for coordination of the Work with the owners of such underground facilities during construction and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. PA One Call regulation will be used to determine compensation due to the Contractor if required by law.

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E4.4 Definition of "Underground Facilities"

For the purposes of this paragraph, the term "underground facilities" includes without limitation: pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials:

electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, water, wastewater or stormwater.

E4.5 Reference Points

OWNER will provide certain reference points for construction which in ENGINEER's judgment are adequate to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for surveying and laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER.

CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or required relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel.

E5 Bonds and Insurance

E5.1 Performance and Other Bonds

CONTRACTOR shall furnish Bonds, each in an amount equal to the

Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract

Documents; CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by the bidding documents or Supplemental

General Conditions and be executed by such Sureties as are named in the current list of "Companies Holding Certificates of

Authority as Acceptable Sureties on Federal Bonds and as

Acceptable Reinsuring Companies" as published in Circular 570

(amended) by the Audit Staff Bureau of Accounts, U. S. Treasury

Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act.

If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of the above paragraph, CONTRACTOR shall within five days thereafter, substitute another

Bond and Surety, meeting the OWNER's approval.

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E5.2 Contractor's Liability Insurance

CONTRACTOR shall purchase and maintain such insurance as is appropriate for the Work being performed and furnished and will provide protection from claims which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and

CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any

Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable.

The insurance required shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemental General Conditions. The

Certificate of Insurance included in Section K of these documents shall be required to be completed prior to the commencement of any construction work. All of the policies of insurance required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused, until at least ten days' prior written notice has been given to OWNER and

ENGINEER. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, maintaining, repairing or replacing defective Work.

E6 Certain Responsibilities of the CONTRACTOR

E6.1 Supervision and Superintendence

CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CONTRACTOR shall be responsible to see that the finished Work complies with the requirements of the Contract Documents.

CONTRA…