Contents

INTRODUCTION AND PROJECT DESCRIPTION

The City of Lancaster, PA (“City”) is seeking competitive bids for a water main replacement for the 100 through 300 blocks of Water Street between Orange Street and Lemon Street in Lancaster City, PA as specified herein.

In general, the work under this contract consists of the replacement of replacing approximately 1280 linear feet of 6-inch cast iron water main with new 8-inch ductile iron cement lined pipe by open cut as specified herein.

PROJECT LOCATION

INVITATION TO BIDDERS

As set forth in the advertisement for bids, sealed bids will be received on the Pennsylvania Electronic Document and Bid Management Website known as PennBid at http://pennbid.bonfirehub.com by the City of Lancaster, Pennsylvania (City), 120 North Duke Street, Lancaster City, Lancaster County, Pennsylvania until 7/9/2026, at 11:00 AM, at which time bids will be opened on the website for Water Street Water Main Replacement Project.

The terms of the introduction and project description are incorporated herein.

All bids shall be effective for sixty (60) calendar days from the date of the bid opening, unless an award of the contract is delayed by the required approval of another governmental agency, the sale of bonds or the award of a grant, in which case all bids will remain effective for one hundred twenty (120) calendar days from the date of the bid opening. The successful bidder will be required to provide performance and payment bond equal to one hundred (100%) percent of the contract price with suitable, reasonable requirements guaranteeing the performance of the contract.

The successful bidder shall be required to comply with all applicable laws protecting individuals from discrimination.

The Project and contract are subject to certain requirements, including to make payment of certain minimum salaries and wages and compliance with the Steel Products Procurement Act and other applicable requirements of federal and state law as specifically set forth in Article 27 of the instructions to Bidders.

All bids shall be submitted exclusively in electronic format to City through PennBid at http://pennbid.bonfirehub.com. Bids provided by any other means will not be accepted. Incomplete bids and those received after the specified date and time will not be considered. Hand delivered, mailed, courier, faxed and/or e-mailed responses will not be accepted.

All bid clarification questions shall be submitted via PennBid as described within the bid documents.

Bids, after having been submitted, may be withdrawn by the Bidder prior to the time set for the opening of bids upon the written direction to City through PennBid at http://pennbid.bonfirehub.com and at such other times as set forth in Article 17 of the Instructions to Bidders. No withdrawal of bids will be allowed within sixty (60) calendar days after said time, even though bids may not yet have been opened.

The City will determine who is the lowest responsible bidder upon the basis of the bids submitted. The lowest responsible bidder need not be the bidder submitting the lowest dollar amount. The City may consider the quality of services supplied, responsiveness of the bidder, past performance of the bidder, compatibility of the bidder’s processes with other City services and the bidder’s ability to handle the volume of work proposed. Further, consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources as specifically set forth in Article 3 of the Instructions to Bidders.

The City reserves the right to reject the bid of any bidder not possessing satisfactory qualifications.

The City reserves the right to reject any or all bids and re-advertise if the best interest of the City will thereby be promoted. The City also reserves the right to waive technical defects if in its judgment, the interest of the City shall so require. The City further reserves the right to waive any informalities in the bids received and reject any or all bids for any reason whatsoever. Included in its right to reject bids, is the right for the City, in its sole discretion, to reject bids which are deemed by the City to be incomplete, conditional, or obscure, or which contain additions, erasures, alterations, omissions or irregularities of any kind.

The City’s Contract Representative is Ben Perwien, Senior Utility Project Manager, 120 North Duke Street, Lancaster, PA 17602.

INSTRUCTIONS TO BIDDERS

DEFINED TERMS

Terms used in these Instructions to Bidders have the meanings indicated below:

BID - The sealed bid received on the Pennsylvania Electronic Document and Bid Management Website known as PennBid for Contract #B562-26-09.

BIDDER - any natural person or legally recognized entity which submits a bid.

BID DOCUMENTS- The documents and forms required to be submitted with the Bid.

CITY – The City of Lancaster, Pennsylvania.

CONTRACT DOCUMENTS - All documents included in or supplied pursuant to the Bid Documents.

ENGINEER – The City of Lancaster Engineer or their designee.

LOWEST RESPONSIBLE BIDDER or SUCCESSFUL BIDDER - the Bidder to whom the project is awarded.

PROJECT – all work associated with the Bid.

WORK– means the project described the Bid Documents to be performed or provided by the Successful Bidder.

SITE – means the location or locations of the Work.

BID DOCUMENTS

Complete sets of Bid Documents shall be used in preparing Bids; City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

All bids shall be submitted exclusively in electronic format to City through PennBid at http://pennbid.bonfirehub.com. Bids provided by any other means will not be accepted. Incomplete bids and those received after the specified date and time will not be considered. Hand delivered, mailed, courier, faxed and/or emailed responses will not be accepted.

DEBARRMENT FROM BIDDING

Any person or entity (or enterprise) who has been convicted of, or been judged civilly to have committed, any offense indicating a lack of business integrity or honesty, shall be debarred from bidding on any contract which requires bidding and from participating in any City contract and should they bid shall not be deemed a responsible bidder.

The offenses shall include, but not be limited to, the following:

fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public or private contract or agreement or subcontract, or in the performance of the contract or subcontracts;

bribery, embezzlement, false claims, false statements, falsification or destruction of records, forgery, racketeering, mail fraud, receiving stolen property, obstruction of justice, theft, breach of duty to act disinterestedly, or another offense indicating a lack of business integrity or honesty;

unlawful price fixing between competitors, allocation of customers between competitors, bid rigging or any other violation of federal or state antitrust laws;

violations of a governing hour of labor, minimum wage standards or prevailing wage standards, or child labor law violations;

violation of any law, regulation or agreement related to conflict of interest;

loss or denial of the right to do business or practice a profession under a circumstance indicating a lack of business integrity or honesty;

failure to pay a debt, including any taxes, owed to the City, provided the debt is uncontested by the debtor or, if contested, provided that the debtor’s legal and administrative remedies have been exhausted;

subcontracting or otherwise doing business with a debarred person or enterprise, in connection with a contract with the City, where it is known or where it reasonably should have been known, that the person or entity is debarred;

willful or material failure to perform the terms of a contract or agreement with the City in accordance with its specifications or contractual time requirements;

providing false or misleading information as part of a prequalification statement, including but not limited to financial statements, affidavits of compliance with prevailing wage statutes and product descriptive literature;

debarment or equivalent exclusionary action by any public agency, government or government instrumentality; or other cause affecting responsibility as a City contractor or vendor as may be reasonably determined by the City.

QUALIFICATIONS OF BIDDERS

To demonstrate Bidder’s qualifications to perform the Project, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the Bidder’s Questionnaire and all documents required by it. In addition, Bidder shall submit with its Bid the following additional information:

Evidence of Bidder's qualification to do business in the Commonwealth of Pennsylvania or covenant to obtain such qualification prior to and as a condition for award of a contract (if Bidder is out of State).

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

Bidder’s SAM.gov Unique Entity Identification (UEI). For contracts over $25,000, Successful Bidder will also be required to be registered on SAM.gov and maintain a current SAM.gov registration until contract close-out.

Reserved Experience Documentation showing at minimum (using the Experience Questionnaire form included in the Bid Documents where appropriate):

A listing of at least five (5) contracts of over $200,000 that the Bidder has completed during the last five (5) years similar to the work that is called for in the Bid Documents and Contract Documents, listing project name, location, contract value, and client contact.

Attendance at pre-bid conference, if required by Article 7 of these Instruction to Bidders.

Any required sub-contractor and supplier qualification information is set forth herein.

A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the contract.

No requirement in this Article 4 to submit information will prejudice the right of City to seek additional pertinent information regarding Bidder’s qualifications.

SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; CITY’S SAFETY PROGRAM; OTHER WORK AT THE SITE Site and Other Areas The Site is more particularly described in the Bid Documents and includes rights-of-way, easements, and other lands furnished by City for the use of the Contractor. Any additional land required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

Existing Site Conditions Subsurface and Physical Conditions; Hazardous Environmental Conditions The Supplemental Conditions, if any, identify:

Those reports known to City of explorations and tests of subsurface conditions at or adjacent to the Site.

Those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

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

Technical Data contained in such reports and drawings.

To the extent the same exist, City will make copies of non-privileged reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Specifications contained therein upon whose accuracy Bidder is entitled to rely, as provided in the Standard General Conditions, has been identified and established in the Supplemental Conditions, if any. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings, if any. Nothing contained herein is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bid strategies, and bid prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.

Underground Facilities: Information and data shown or indicated in the Bid Documents, if any, with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to City by owners of such Underground Facilities, including City, or others.

Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bid Documents due to differing or unanticipated subsurface or physical conditions are set forth in Contract Documents. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications, if any, or identified in the Contract Documents to be within the Scope of the Work are set forth in the Contract Documents and in the Bid Form.

Site Visit and Testing by Bidders It is suggested, but not required, that Bidder conduct a pre-bid Site visit during normal working hours. Because the Site is gated, the scheduled Pre-bid Site visit/Q&A will be the only time access to the Site is available (see Article 7).

Bidder is not required to conduct any subsurface testing or exhaustive investigations of Site Conditions.

Upon request, and to the extent City has control over the Site, and schedule permitting, the City will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies. City will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on City’s authority regarding the Site, however, the Site will be accessible at the scheduled pre-bid meeting (see Article 7).

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

Bidder shall not disturb any ongoing operations at the Site.

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

City shall have the right to exclude any person from entering or remaining upon the Site which City in its sole discretion deems appropriate.

City’s Safety Program and/or Regulations Site visits and work at the Site may be governed by a City safety program and/or City regulations. If a City safety program exists, it will be noted in the Supplemental Conditions, if any.

Other Work at Site Reference is made to the Standard General Conditions, the Supplemental Conditions, if any, and the Specifications for the identification of the general nature of other work of which City is aware (if any) that is to be performed at the Site by City or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bid Documents. If City is party to a written contract for such other work, then on request, City will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

BIDDER’S REPRESENTATIONS

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

Examine and carefully study the Bid Documents, and any data and reference items identified in the Bid Documents (including the Scope of Work and all Appendices, if any).

Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and/or become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

Become familiar with and satisfy itself as to all laws and regulations, including applicable City Ordinances and regulations that may affect cost, progress and performance of the Work.

Carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site, including all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplemental Conditions, if any, especially with respect to Technical Data in such reports and drawings, if any, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplemental Conditions, if any, especially with respect to Technical Data in such reports and drawings, if any.

Consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bid Documents; and the Site-related reports and drawings identified in the Bid Documents, if any, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

Assert all requests for examinations, investigations, explorations, tests, studies, or data are necessary for the preparation of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bid Documents. Notwithstanding the same, by submitting a Bid, Bidder does waive all objections and reservations that it was not provided the responses desired to overcome or resolve such objections and reservations.

Become aware of the general nature of the work to be performed by City and other municipalities as it relates to the Work indicated in the Bid Documents (including the Scope of Services and all Appendices, if any).

Promptly give City written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bid Documents (including the Specifications, plans, scope of work and all Appendices, if any) and confirm that the written resolution thereof by the City is acceptable to Bidder.

Determine that the Bid Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

Agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices and/or considerations in the Bid are premised upon performing and furnishing the Services required by the Bid Documents (including the Specifications, plans, scope of work and all Appendices, if any), and that Bidder has no claim for compensation, reimbursement for fee and costs, and/or any other benefit for having devoted time and materials in evaluating or submitting a Bid.

Assure that sufficiently qualified staff is available to do the work.

reserved

INTERPRETATIONS AND ADDENDA

All questions about the meaning or intent of the Bid Documents are to be submitted through the “Public Q&A” feature on the PennBid website to City’s contract representative identified in the Invitation to Bidders in writing. Such questions shall be addressed prior to Bid opening or formal Addenda and shall be made available to all Bidders on the PennBid website for the Project. It is the responsibility of each potential Bidder to be continuously aware of any interpretations rendered by memoranda and/or Addenda made available on the PennBid website for the Project without notice from City. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

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

BID SECURITY

A bid must be accompanied by Bid security in an amount of 10% percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) in the form of a Bid bond (on the form included in the Bid Documents) meeting the surety requirements set forth herein. Electronic reproductions of the bid security shall be uploaded by Bidder to the PennBid as part of, and concurrent with the Bid. Within seventy-two (72) hours of bid opening, the original bid security shall be delivered to the City.

The Bid Security of the apparent Successful Bidder will be retained until City awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the notice of award, whereupon the Bid security will be released. Unless altered by the notice of award or by written consent of City, in the event the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required Bid security within 15 days after the notice of award, City may consider Bidder to be in default, annul the notice of award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be City’s exclusive remedy if Bidder defaults.

The Bid security of other Bidders that City believes to have a reasonable chance of receiving the award may be retained by City until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

Bid security of other Bidders that City believes, in its sound discretion, do not have a reasonable chance of receiving the award may be released within seven days after the Bid opening.

CONTRACT TIMES

The contract time shall commence ten days following issuance of the Notice to Proceed. The work shall be substantially completed by November 15, 2026, and fully completed and ready for final payment no later than April 30, 2027.

LIQUIDATED DAMAGES

Any provisions for liquidated damages for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, if any, are set forth in the Agreement. Bidders are directed to carefully review the Agreement set forth in the Bid Documents.

SUBSTITUTE AND “OR-EQUAL” ITEMS

The contract for the Work, as awarded, will be based on Products, materials and methods covered in the Specifications and shown on the Drawings. When a Product Specification includes the name or names of manufacturers, bids shall be based on a product which: (1) meets all Specification requirements; and (2) is produced by one of the manufacturers specifically named in the Specifications for that particular Project.

Requests for substitutions, “or equal” for products, materials, or methods other than those specified in the Bid Documents, will not be considered prior to the Bid opening date.

The Standard General Conditions as set forth in the procedures to be used in making, and costs to Contractor associated with, request for substitutions, “or equal” for products, materials or methods made after award of the contract. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the service and equipment specified or described in the Bid Documents, as supplemented by Addenda.

Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

SUBCONTRACTORS, SUPPLIERS, AND OTHERS

A Bidder shall be prepared to retain specific subcontractors, suppliers, or other individuals or entities identified by the City for the performance of the Work if required by the Successful Bidder to do so. If a prospective Bidder objects to retaining any such subcontractor, supplier, or other individual or entity identified by the City, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

Subsequent to the submittal of the Bid, City may waive its requirements for the Successful Bidder or Contractor to retain any subcontractor, supplier, or other individual or entity against which Contractor has a reasonable objection.

Each Bidder shall submit, with its bid, a list of proposed subcontractors meeting the requirements set forth in the Bid Documents. If required, they shall be submitted on the forms submitted therein.

Each subcontractor will be required to provide a confirmation of compliance with Act 127 of 2012 [footnoteRef:2], by submitting to the Successful Bidder, a Public Works Employment Verification Form as a pre-condition to being awarded a subcontract for this Work. [2: The Pennsylvania Public Works Employment Verification Act of July 5, 2012. P.L. 1086, No. 127, 43 P.S. 167-1 et seq. requires, as a precondition to the award of a contract for public work, a public works contractor to submit a completed E-Verify Program (EVP) Form to the public body that is bidding and awarding the public work contract. In relevant part, the form obligates public works contractors and every subcontractor performing work under a public works contract to utilize the United States Department of Homeland Security FVP system to verify the employment eligibility of each new employee hired after January 1, 2013. Afterwards, if a new employee hired by a public works contractor, regardless of whether he will be working onsite or offsite of a public work or otherwise, such employment eligibility shall be verified within 5 business days of his/her start date. Subcontracts between a public works contractor and its subcontractors are required to contain notification of the applicability of the act, information regarding the use of EVP and reference to the web site of the PA Department of General Services at www.dgs.state.pa.us to obtain a copy of the form.]

Each subcontractor will be required to provide a SAM.gov Unique Entity ID (UEI) by submitting it to the Successful Bidder.

If requested by City, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If City, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, City may, before the notice of award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and City may consider such price adjustment in evaluating Bids and making the Contract award.

If the apparent Successful Bidder declines to make any such substitution, City may award the Contract to the next lowest responsible Bidder that proposes to use acceptable subcontractors, suppliers, or other individuals or entities. Any subcontractor, supplier, individual, or entity so listed and against which City makes no written objection prior to the giving of the notice of award will be deemed acceptable to City and/or Engineer subject to subsequent revocation of such acceptance.

PREPARATION OF BID

A Bid Form is included with the Bidding Documents and is available via PennBid’s “Bid” tab.

All blanks on the Bid Form shall be completed and the Bid Form signed (Electronic signatures are acceptable).

A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary.

A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership’s address for receiving notices shall be shown.

A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown.

A Bid by an individual shall show the Bidder’s name and address for receiving notices.

A Bid by a joint venture shall be executed by an authorized representative of each joint venture in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

All names shall be printed below the signatures.

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

Postal and e-mail address(es) and telephone number(s) for communications regarding the Bid shall be shown.

The Bid shall contain the information required by Article 4.

BASIS OF BID

Bidders shall use and complete the Bid Form included with the Bid Documents, including the Pricing Form for the Work (if one is provided) at the PennBid website, which form is incorporated herein by reference as though fully set forth at length.

A Bid price shall be indicated for each bid item listed therein.

Bidders shall submit their bid on a unit price or lump sum basis for each item of Work listed on the Bid Schedule. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price bid for the item. The final quantities and Contract price will be determined in accordance with Article 13.03 of the General Conditions included in the Bid Documents. The Bid price shall include amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Article 13.01 of the General Conditions. Substitute and “or equal” manufacturers for the equipment may be offered with deductions on the form provided for consideration of the City. The City is not obligated to accept any substitutes which are offered.

Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

SUBMITTAL OF BID

A Bid shall be received no later than the date and time prescribed and, in the manner, and at the place indicated in the Invitation to Bidders.

A Bid shall be deemed complete if it contains the following fully completed documents:

Bid Form Required Bid Security (10% of Bid) in the form of a Bid Bond.

Non-Collusion Affidavit of Prime Bidder Self-Certification of No Debarment, Suspension, or Ineligibility (one for each agency and sub-agency) Experience Questionnaire and all documents in support thereof as set forth in Article 4 above.

List of Proposed Subcontractors Minority, Women, and Disadvantaged Business Subcontractor’s Compliance Form Surety Consent Performance Bond Surety Payment Bond Evidence of Bidder's qualification to do business in the Commonwealth of Pennsylvania or covenant to obtain such qualification prior to and as a condition for award of a Contract (if Bidder is out of State).

All other documents required to be submitted as set forth above.

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

By submitting a Bid, the Bidder acknowledges that they have:

Read and will comply with all of the Contract Documents found within the Bid Documents, including these Instructions to Bidders.

Thoroughly read and understood all of the Contract Documents found within the Bid Documents, including these Instructions to Bidders, so as to become familiar with all conditions that may affect cost, performance, and ability to provide the Work required.

Considered all Federal, state, and local laws and regulations that may affect cost, performance, and ability to provide the Work required, including but not limited to those set forth in the Federal Uniform Guidance for Procurement.

Found no errors, ambiguities, conflicts, or other matter in the Bid Documents and the remaining Contract Documents found within the Bid Documents, including these Instructions to Bidders, and other data and forms, and site conditions that may affect cost, performance, and ability to provide the Work required.

Acknowledges and understands that its Bid may be rejected for failure to submit the bid and other Bid Documents on the forms and/or in the manner included in the Bid Documents, failure to complete and/or sign any required documentation, failure to furnish the required bid security, failure to include a unit/lump sum price for each item on the Bid Form, including alternates, inclusion by Bidder of conditions or qualifications not provided for in the Bid Requirements and Bid Documents, submission of an incomplete Bid Form or other required documents, should the Bid Form contain any omissions, erasures, alterations, additions not called for, or irregularities of any kind, should any Bid prices be unbalanced, failure to attend the mandatory pre-bid conference (if required), or visit the Site (if required), debarment by a Commonwealth agency, political subdivision or federal agency, being declared in default on other prior projects, and generally not meeting the conditions for responsible low bidder set forth in the Bid Documents.

Acknowledges and understands that its Bid may be rejected should any conditions listed in Article 3 apply

MODIFICATION AND WITHDRAWAL OF BID

A Bid may be withdrawn from consideration on the PennBid website by the Bidder at any time prior to bid opening.

If a Bidder wishes to modify its Bid prior to Bid opening, Bidder may do so on the PennBid website prior to the time designated for opening Bids.

If within 24 hours after Bids are opened any Bidder files a duly signed written notice with City and promptly thereafter demonstrates to the reasonable satisfaction of City that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid.

OPENING OF BIDS

Bids will be opened at the PennBid website electronically by City at the time indicated in the Invitation to Bidders. Following the opening of bids, an abstract of the amounts of the base Bids and major alternates (if any) will be made publicly available on the PennBid website.

BIDS REMAIN SUBJECT TO ACCEPTANCE

Except as hereinafter provided, all Bids will remain subject to acceptance for a period of ninety (60) days after the date specified for the opening of bids or the issuance of a notice of award, whichever occurs first, unless stated otherwise on the Bid Form. In the event an award of the contract is delayed by the required approval of another government agency, the sale of bonds or the award of a grant, in which case all bids shall remain subject to acceptance for a period of one hundred twenty (120) calendar days from the date of the bid opening. City may, in its sole discretion, release any Bid prior to the issuance of a notice of award or the expiration of the applicable ninety (90) or one hundred twenty (120) day period.

EVALUATION OF BIDS AND AWARD OF CONTRACT

The City will determine who is the lowest responsible bidder upon the basis of the Bid Documents submitted. City reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. City will reject the Bid of any Bidder that City finds, after reasonable inquiry and evaluation, to not be responsible or not possessing satisfactory qualifications. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bid Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the City may reject the Bid as nonresponsive; provided that City also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

If quantities are specified by City, both City and Bidder agree that the quantities specified are approximate only and are City’s estimates for the purposes of having uniform basis for comparison of bids or proposals submitted in response to City’s Invitation to Bidders. City shall have the right, in City’s sole discretion, to increase or decrease the quantities specified at the unit prices specified in the Bid.

Evaluation of Bids In evaluating Bids, City will consider whether or not Bids comply with the prescribed requirements, and such alternatives, unit prices, and other data, as may be requested in the Bid Form or prior notice of award.

The Lowest Responsible Bidder need not be the bidder submitting the lowest dollar amount.

The City may consider the quality of services supplied, responsiveness of the Bidder, past performance of the Bidder, compatibility of the Bidder’s processes with other City services and the Bidder’s ability to handle the volume of Work proposed.

The City may consider such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

City may consider the qualifications and experience of other persons and organizations proposed for those portions of the Project as to which the identity of other persons and organizations must be submitted as provided in the Supplemental Conditions. City also may consider the operating costs, maintenance requirements, performance data, and guarantee of major items of materials and equipment proposed for incorporation in the Project when such data is required to be submitted prior to the notice of award.

City may conduct such investigations as City deems necessary to assist in the evaluation of Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Project in accordance with the Contract Documents to City‘s satisfaction within the prescribed time.

If a contract is to be awarded, City will give the Successful Bidder a notice of award within sixty (60) days after the date specified for the opening of bids. In the event an award of the contract is delayed by the required approval of another government agency, the sale of bonds or the award of a grant, in which case City will give the Successful Bidder a notice of award within one hundred twenty (120) calendar days from the date of the Bid opening. Such “notice of award” shall describe the nature, scope and facial amount stated in dollars of the Project awarded to Bidder and direct the Bidder submit the following truthful and accurate documents in the manner stated within a specified period of time:

Bidder-executed Agreement Performance Bond Payment Bond Certificate of Insurance with the prescribed minimum amounts set forth in Article 21 below and naming “City of Lancaster, PA” as additionally insured.

Affidavit Accepting Provisions of the Workers Compensation Act1 for Successful Bidder and all Subcontractors.

Worker Protection and Investment Certification Form Sub-Contracting Form for each Subcontractor, if any Proof of Bidder’s ability to comply with governing laws and regulations requiring the payment of certain minimum salaries and wages.

Sam.gov registration documentation, if contract is over $25,000.

All other documents required under and pursuant to the contract documents.

The City fully intends to perform the Work for which Bids are solicited. City specifically reserves the right, which all Bidders acknowledge by submission of a Bid, to reduce quantities and/or eliminate portions of the Project to meet available finances. Reduction of quantities or elimination of portions of the project will not constitute grounds of additional or compensatory charges to the Successful Bidder.

INSURANCE

Successful Bidder will be required to provide insurance of the prescribed types and minimum amounts as set forth below.

All Insurance policies required shall be maintained in full force until all work under this Contract is completed, as evidenced by the formal acceptance thereof, in writing by the City. Each policy shall contain the provision that there will be 30 days prior written notice given to the City in the event of cancellation of or material change in the policy.

The insurance companies indicated in the certificates shall be authorized to do business in the Commonwealth of Pennsylvania and shall be acceptable to the City.

Neither approval by the City, nor a failure to disapprove insurance certificates by the Contractor shall release the Contractor of full responsibility for all liability as set forth in the indemnification clauses stated in the Contract Agreement.

The MINIMUM requirements of insurance to be carried by the Contractor shall be as follows:

Worker’s Compensation – Statutory

Other Conditions:

City of Lancaster, 120 North Duke Street, Lancaster, PA 17602, is to be named as an additional insured as its interests may appear, to the extent that Contractor is liable hereunder as set forth in the indemnification clauses stated in Contract Agreement.

Commercial Automobile Liability (“Commercial” defined to include any automobile used by Contractor, its agents, and employees, in the performance of the Contract) Combined Single Limit $1,000,000

OR

Bidders are directed to review Article 6 of the General Conditions and Supplemental Conditions, if any, for information regarding insurance requirements of the Contractor.

Non-Appropriation.

The Parties agree that the awarding and/or continuation of this Agreement is dependent upon the lawful availability of funding. The City shall provide the Contractor written notice for any fiscal year of the failure of City Council to make an adequate appropriation or of the state or federal government’s failure to provide the required funding or reduction in the necessary grant funds necessary to permit the City to pay the amounts due under this Agreement. Upon notice that sufficient funds were not appropriated by City Council of the City of Lancaster, the state or the federal government sufficient to permit the City to pay for the continued performance of this Agreement, either Party may terminate the agreement without penalty

SIGNING OF AGREEMENT

When City issues a notice of award to a Successful Bidder it shall be accompanied by an unexecuted copy of the Agreement and all other applicable documents as per 19.04 of these Instructions to Bidders and the Agreement. Within 10 days thereafter, or as otherwise specified by City in the notice of award, the Successful Bidder shall execute and deliver the documents required.

RETAINAGE

Bidder acknowledges that the payment is subject to retainage requirements, more specifically described in the Agreement, if any.

SALES AND USE TAX

To the maximum extent permitted by Pennsylvania law, City is exempt from state sales and use taxes on materials and equipment to be incorporated in the Project. Said taxes shall not be included in the Bid to the extent of the exemption permitted by Pennsylvania law. Bidder is solely responsible for determining the applicability of such exemption to such materials and services to be provided when setting forth the prices or totals comprising its Bid. Bidder is not permitted to rely on any formal or informal or official or unofficial representation(s) by City or its representatives concerning the scope of materials and equipment which may or may not be exempt from sales or use taxes. No price adjustments or allowances will be made for Bidder’s pricing or overall Bid in the event Bidder failed to include, or properly calculate, sales or use taxes applicable to materials or equipment for which the exemption does not apply.

ASSIGNMENTS

Absent the written consent of City, the assignment of any Bid by any Bidder or any contract by a Successful Bidder is strictly prohibited and shall be grounds for declaring a breach of such Bidder’s obligations hereunder and/or the Agreement to perform the services required. In such an event, the City shall have recourse against bid security or Bidder’s performance and Payment bonds and/or such other remedies as may be allowed by the Bid Documents.

LAWS AND REGULATIONS

The General Conditions set forth responsibility or compliance with all applicable federal, state and local laws.

Bidders are required to comply with any law identified in the General Conditions, and Supplemental Conditions, if any.

Bidders are directed to review the required compliance with the Public Works Employment Verification Act included in the Bid Documents.

Bidders shall be required to comply with all applicable laws protecting individuals from discrimination.

Bidders are required to comply with the Federal Occupational Safety and Health Act of 1970 (OSHA).

Bidders are required to comply with Pennsylvania Act 287, as amended by Act 181 of 2006 (also known as One Call or 811 Call before you dig!)

Bidders shall also refer to Federal and State Statutes, Rules, and Regulations dealing with the prevention of environmental pollution and the preservation of public and natural resources pursuant to Pa. Act 1972-247.

Bidders are required to comply with the provisions of the Pennsylvania Prevailing Wage Act using prevailing minimum wage rates herein as per the Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance.

If applicable Bidders are required to comply with the provisions of the Steel Products Procurement Act of March 3, 1978, P.L. 6, No. 3 Cl. 62.

WARRANTIES

The Bidder will be responsible for providing to the City at least a one-year workmanship warranty.

In addition, any other manufacturer-specific warranties that apply to any material or equipment installed, if any, must be provided to City.

END OF INSTRUCTIONS TO BIDDERS

FORMS TO BE SUBMITTED WITH BID

B1 - BID FORM

BIDDER (Name and Address):

UNIQUE ENTITY ID:

EXPIRATION DATE:

(available through SAM.gov)

#B562-26-09

120 North Duke Street Lancaster, PA 17602