2-BID 50383 LCA KIWWTP 2026 INDENTURE SPECS.pdf

BIDDING DOCUMENTS

KLINE’S ISLAND WASTEWATER

TREATMENT PLANT

2026 INDENTURE PROJECT

APRIL 2026

Bid #50383

CHA CONSULTING, Inc.

ONE EAST BROAD STREET, SUITE 310

BETHLEHEM, PA 18018

TELEPHONE 610.865.3000 FAX 610.861.0181

CHA PROJECT NO. 107001.000

LCA PROJECT NO. 50383

[THIS PAGE INTENTIONALLY LEFT BLANK]

LEHIGH COUNTY AUTHORITY – KLINES ISLAND WWTP April 2026

BID NO. 50383, 2026 INDENTURE PROJECT

TABLE OF CONTENTS 000110-1

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

001113 Notice to Bidder 002113 Instructions to Bidders (LCA)

002113.1 Public Works Employment Verification Form

PROCUREMENT FORMS AND SUPPLEMENTS

004113 Bid Form (LCA) 004117 Agreement of Surety 004313 Bid Bond (LCA) 004314 Certificate as to Corporate Principal 004336 List of Proposed Subcontractors 004513 Experience Questionnaire 004519 Affidavit of Non-Collusion 004520 Contractor's Certification of Authority and Qualification to do Business in Pennsylvania

CONTRACTING AND PROJECT FORMS AND SUPPLEMENTS

005213 Agreement (LCA) 006113 Performance Bond (LCA) 006115 Payment Bond (LCA) 006172 Waiver of Liens/Mechanic’s Lien Waiver 006216 Sample Certificate of Insurance

CONDITIONS OF THE CONTRACT

007213 General Conditions including Supplementary Conditions (LCA) 007319 Health and Safety Requirements 007343 Pennsylvania Prevailing Wage Rate Requirements

007346.1 PA L&I Form LLC-25 Blank

007346.13 PA Prevailing Wage Determination Schedule

008200 Safety & Health Management Plan

DIVISION 01 – GENERAL REQUIREMENTS

011000 Summary of Work 011400 Work Restrictions 012000 Measurement and Payment 012200 Unit Prices 012300 Alternates 012600 Contract Modifications Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures 014000 Quality Requirements 014200 References 015000 Temporary Facilities and Controls 016000 Product Requirements 017300 Execution Requirements 017329 Cutting and Patching 017700 Closeout Procedures

LEHIGH COUNTY AUTHORITY – KLINES ISLAND WWTP April 2026

TABLE OF CONTENTS 000110-2

DIVISION 05 – METALS

051200 Structural Steel Framing

DIVISION 09 – FINISHES

092216 Paints and Coatings

END OF SECTION 000110

NOTICE TO BIDDERS 001113-1

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026 BID NO. 50383, 2026 INDENTURE PROJECT Issued for Bidding

NOTICE TO BIDDERS

Online Sealed Bids will be received by the LEHIGH COUTY AUTHORITY via the PennBid Program until 11:00 a.m. prevailing time on Tuesday, May 12, 2026 for the LCA Kline’s Island Wastewater Treatment Plant 2026 Indenture Project. All bids will be publicly opened online and posted for the:

KLINE’S ISLAND WASTEWATER TREATMENT PLANT

2026 INDENTURE PROJECT

Bid No. 50383

All documents and solicitation details are available online for no cost at PennBid (https://pennbid.procureware.com)

A mandatory pre-bid conference will be held at 10:00 AM prevailing time on Thursday, April 23, 2026 at the Kline’s Island Wastewater Treatment Plant, Training Room located at 112 Union Street, Allentown, PA 18102. Bids from parties not present at the pre-bid conference and site visit will not be accepted.

Each Bid must be accompanied by Bid security in the form of a Bid bond (in the required form) or certified check for ten percent of the Bid total.

It is a requirement of this Contract that Bidder shall have a minimum of (5) years’ experience and at least

(10) completed projects of similar nature to the Work required by this Project.

Questions and inquiries should be addressed through PennBid’s “Clarifications” tab. The deadline for all questions and inquiries is 4:00 PM Tuesday, May 5, 2026.

The Lehigh County Authority hereby reserves the right, which is understood and agreed to by all Bidders, to reject any or all Bids and to waive any omissions, errors, or irregularities in any Bid.

Lehigh County Authority Liesel M. Gross, CEO

NOTICE TO BIDDERS 001113-2

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts

With Changes by Lehigh County Authority

002113 – i

SECTION 002113 - INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

ARTICLE 1 - DEFINED TERMS

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

ARTICLE 5 - PRE-BID CONFERENCE

ARTICLE 6 - SITE AND OTHER AREAS

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

ARTICLE 8 - BID SECURITY

ARTICLE 9 - CONTRACT TIMES

ARTICLE 10 - LIQUIDATED DAMAGES

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 13 - PREPARATION OF BID

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

ARTICLE 15 - SUBMITTAL OF BID

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17 - OPENING OF BIDS

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

ARTICLE 21 - SIGNING OF AGREEMENT

ARTICLE 22 - SALES AND USE TAXES

ARTICLE 23 - NONDISCRIMINATION IN EMPLOYMENT

ARTICLE 24 - LAWS AND REGULATIONS

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – ii

TABLE OF ARTICLES (Alphabetical by Subject)

Subject Article

Basis of Bid; Comparison of Bids

Bid Security

Bids to Remain Subject to Acceptance

Contract Security and Insurance

Contract Times

Copies of Bidding Documents

Defined Terms

Evaluation of Bids and Award of Contract

Examination of Bidding Documents, Other Related Data, and Site

Interpretations and Addenda

Laws and Regulations

Liquidated Damages

Modification and Withdrawal of Bid

Nondiscrimination in Employment

Opening of Bids

Pre-Bid Conference

Preparation of Bid

Qualifications of Bidders

Sales and Use Taxes

Signing of Agreement

Site and Other Areas

Subcontractors, Suppliers and Others

Submittal of Bid

Substitute and “Or-Equal” Items

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 1

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and

Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office--The Owner’s office/operations center located at 1053 Spruce Road, Allentown, Pennsylvania, with a postal address of 1053 Spruce Road, P.O. Box 3348, Allentown, PA 18106-0348, which will be the location from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the

Advertisement or Invitation to Bid may be obtained from the Issuing Office. The deposit will not be refunded.

2.02 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.

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

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within five (5) days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below.

A. Financial data

B. Previous experience with name of contact and project name.

C. Project superintendent resume.

D. Current contracts.

E. List of proposed subcontractors.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Project Manual identifies:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents.

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 2

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any

Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions.

Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground

Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Project Manual identifies those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any

Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions.

Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 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 Bidding

Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General

Conditions. 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 or identified in the Contract Documents to be within the scope of the Work appear in

Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 Following is a list of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

A. Refer to the Contract Drawings and Summary of Work.

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

A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding

Documents, and any Addenda;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 3

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the

Site (except Underground Facilities) which have been identified in §4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in §4.06 of the General

Conditions;

E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and

Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to

Bidder; and

J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the

Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that

Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID CONFERENCE

5.01 A mandatory pre-Bid conference will be held as stated in the Advertisement and Notice to Bidders.

Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to attend and participate in the conference. Non-attendees will not be permitted to bid. Engineer will transmit to all prospective

Bidders present at the conference such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

In addition to the mandatory pre-Bid conference, the Owner has arranged for site visit immediately following the pre-

Bid conference at the Klines Island Wastewater Treatment plant. Follow-up site visits shall be by appointment only

(contact info provided at pre-Bid conference.

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 4

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing via PennBid’s “Clarifications” tab. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda and posted within PennBid’s “Documents” tab. An email notification will be sent to all planholders. Questions received after the deadline for questions as indicated in the

Advertisement, Notice to Bidders and PennBid may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10%) percent of

Bidder’s maximum Bid price and in the form of a cashier’s check or a Bid bond (on the form attached) issued by a surety meeting the requirements of §5.01 and §5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until 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 returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of the three apparent lowest Bidders will be returned upon the signing of the Agreement and furnishing of acceptable bonds and other documents by the successful Bidder.

8.03 Bid security of all Bidders except the three apparent lowest Bidders will be returned within thirty (30) days after the Bid opening.

ARTICLE 9 - CONTRACT TIMES

9.01 The number of days within which, or the dates by which the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 5

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the

Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. Refer to General Conditions Paragraph 6.05 for requirements on substitute and “or equal”.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A list of proposed Subcontractors and Suppliers is required to be submitted to Owner with the bid. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor and Suppliers. Contractor shall also submit evidence that

Subcontractors and Suppliers are qualified to do business in the Commonwealth of Pennsylvania or covenant to obtain such qualification prior to and as a condition of award of a Contract. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

No substitutions for Subcontractors shown on the list shall be made by Contractor without prior written approval of

Owner or Engineer.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors or Suppliers. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor or Supplier against whom Contractor has reasonable objection.

12.04 Note that Contractor is responsible to assure compliance by its subcontractors with various provisions within the Contract Documents and may have to present certifications and documents from the subcontractors to show compliance.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid Form and required supplements are included with the Bidding Documents. Bids must be submitted online via PennBid’s “Bid Form” tabs. Scanned copies of the Bid Form will not be considered.

13.02 A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein, or the words

“No Bid,” “No Change,” or “Not Applicable” entered within the Comment field adjacent to the line item.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign and attested by the secretary or an assistant secretary.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner accompanied by evidence of authority to sign.

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 6

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer and accompanied by evidence of each venturer’s authority to sign.

13.08 Proof of a partner’s, or agent’s, authority to obligate the Contractor must be attached to the Bid.

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

13.10 The address and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the Commonwealth of

Pennsylvania or covenant to obtain such qualification prior to award of the Contract. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

13.12 Unless specifically provided in the Contract Documents, bids containing substitutions or combinations of alternates will not be considered unless such substitutions or combinations are specifically authorized by the Owner.

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sums

A. Bidders shall submit a Bid on a lump sum basis for each Lump Sum Bid Item listed in the Bid Form.

B. The Bid for all Lump Sum Bid Items shall be included in the Total Base Bid.

14.02 Project Allowances

A. Bidders shall submit a Bid on a unit price or lump sum basis for each Allowance Bid Item listed in the Bid

Form.

B. For unit price allowances, the total of each Allowance Bid Item will be the product of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

C. The Bid for all Allowance Bid Items shall be included in the Total Base Bid.

D. The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions.

14.03 Alternates

A. When Alternate Bid Items are included in the Project, Bidders shall include a separate lump sum or unit price allowance price for each Alternate Bid Item described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the Total Base Bid if Owner selects the alternate.

14.04 Comparison of Bids

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 7

A. For determination of the apparent low Bidder, Bids will be compared on the basis of the Total Base Bid, plus, in the order of priority listed on the Bid Form, the additive/deductive alternate Bid prices for determination of the apparent low Bidder.

ARTICLE 15 - SUBMITTAL OF BID

15.01 Sealed bids shall be submitted online via the PennBid Program, https://pennbid.procureware.com.

15.02 A Bid shall be submitted no later than the date and time prescribed in the Advertisement, Notice to Bidders and on PennBid.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bidder may withdraw his Bid from consideration after the Bid opening without forfeiture of the cashier's check, surety bid bond or other security filed with the Bid if the price bid was submitted in good faith, and the Bidder submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the Bid.

Withdrawal is allowed only if (i) notice of a claim of the right to withdraw such Bid is made in writing with the Owner within two (2) business days after the opening of Bids; and (ii) the withdrawal of the Bid would not result in the awarding of the contract on another Bid of the same Bidder, his partner, or to a corporation or business venture owned by or in which he has a substantial interest. No Bidder who is permitted to withdraw a Bid shall supply any material or labor to, or perform any subcontract or other work agreement for any person to whom a contract or subcontract is awarded in the performance of the contract for which the withdrawn Bid was submitted, without the written approval of the Owner.

16.02 If a Bid is withdrawn in accordance with the provisions of §16.01, the Owner may award the contract to the next lowest Bidder or reject all Bids and resubmit the project for bidding. In the event the Owner resubmits the project for bidding the withdrawing Bidder shall pay the costs, in connection with the resubmission, of printing new contract document, required advertising, and printing and mailing notices to prospective Bidders, if the Owner finds that such costs would not have been incurred but for such withdrawal. In no event shall the withdrawing Bidder be permitted to resubmit a Bid for the Project.

16.03 Prior to the Bid opening date and time a Bidder may modify or withdraw its Bid at anytime via PennBid’s “

Bid Form” tabs.

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will not be opened and read aloud publicly. An abstract of the amounts of the Total Base Bid and major alternates, if any, will be made available to Bidders after the opening of Bids using PennBid’s “Award” tab.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 8

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible or responsive. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder.

Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in §12.01.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors and Suppliers to perform the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

19.07 Owner reserves the right to cancel the award of any Contract at any time prior to its execution of the

Agreement by Owner without incurring any liability to any of the Bidders.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed

Agreement to Owner, it shall be accompanied by such bonds and appropriate insurance certificates.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the

Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 9

ARTICLE 22 - SALES AND USE TAXES

22.01 Owner, as a municipal authority, is exempt from the Pennsylvania Sales and Use Tax. Certificates of

Exemption will be furnished to the Contractor for its purchase of materials for which the Authority’s exemption is transferable, upon Contractor’s request; however, it is Contractor's responsibility to determine for which materials the tax exemption is applicable prior to submitting its Bid. Said taxes shall not be included in the Bid. Contractor shall pay all other sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the Commonwealth of Pennsylvania which are applicable during the performance of the Work. Said taxes shall not be included in the Bid. Refer to Paragraph 6.10 of the General Conditions for additional information, if any.

ARTICLE 23 - NONDISCRIMINATION IN EMPLOYMENT

23.01 Contractor agrees that:

A. Neither it nor any subcontractor that Contractor uses for the Contract will discriminate against any employee or applicant for employment because of race, color, religion, sex, gender identity, sexual orientation, veteran’s status, political opinions or affiliations, lawful activity in any employee organization, national origin, age, disability or marital status. Contractor and subcontractors will take affirmative action to ensure that applicants and employees are treated fairly during employment without regard to race, color, religion, sex, gender identity, sexual orientation, veteran's status, political opinions or affiliations, lawful activity in any employee organization, national origin, age, disability or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

(1) Contractor/subcontractor shall comply with all applicable federal, state and local laws regarding non-discrimination, including: (a) the Civil Rights Act of 1964, 42 U.S.C. §2000 et seq. (1981); (b) the Civil

Rights Act of 1991, P.L. 102-166; (c) Executive Order Number 11246, 30 Fed. Reg. 12,319 (1965), reprinted in 42 U.S.C. §2000(e) note, as amended by Executive Order Number 11375, 32 Fed. Reg. 14,303 (1967) and by Executive Order Number 12086, 43 Fed. Reg. 46,501 (1978); (d) the Age Discrimination Act, 42 U.S.C.

§§6101-6106 (1981); (e) the Age Discrimination in Employment Act, 29 U.S.C. §§621-34 (1967); (f) the

Rehabilitation Act of 1973, 29 U.S.C. §§793-794 (1981); (g) the Americans with Disabilities Act, 42 U.S.C.

§12101 et seq. (1990); and (h) the Pennsylvania Human Relations Act, Act of October 27, 1955 (P.L. 744, No. 222) as amended, 43 P.S. §§951-963.

(2) Contractor/subcontractor shall establish and maintain a written sexual harassment policy and shall inform its employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.

(3) Contractor/subcontractor shall not discriminate for any of the reasons set forth above against any subcontractor or supplier who is qualified to perform the work to which the contract relates.

B. The Contract may be canceled or terminated by the Owner, and all money due or to become due under the

Contract may be forfeited, for a violation of the terms or conditions of these nondiscrimination provisions.

23.02 Contracts for Work under this Bid will obligate the Contractor and Subcontractor to be non-discriminatory in employment practices. Bidders, if requested, must submit with their Bid any information or documents required by state, federal or local statutes or regulations applicable to non-discrimination in employment; including, if necessary, a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the Contract.

A. To the extent allowed by law the Contractor/subcontractor shall furnish all necessary employment documents and records to and permit access to its books, records, and accounts by Owner, the City or their agents for purposes of investigation to ascertain compliance with these equal opportunity and non-discrimination provisions. If the Contractor

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 10 does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by Owner or the City.

23.03 Bidders must submit a list of all Subcontractors who will perform work on the Project and written signed statements from authorized agents of the labor pools with which it will or may deal for employees on this Work, together with supporting information to the effect that these labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment and equal treatment of employees who are seeking employment and are performing work under the Contract. If such agents or labor pools have failed or refused to furnish the necessary statements prior to the award of the Contract, Bidder shall provide certification as to what efforts have been made to secure such statements.

ARTICLE 24 - LAWS AND REGULATIONS

24.01 The Bidder’s attention is directed to the fact that all applicable laws, ordinances, and rules and regulations having jurisdiction over construction of the Project shall apply to the Contract throughout; are the

Bidder’s/Contractor’s responsibility to ascertain; and will be deemed to be included in the Contract the same as though herein written in full, whether or not specified in the Contract Documents.

24.02 PREVAILING WAGE ACT. The Pennsylvania Prevailing Wage Act applies to the work to be performed under the Contract; therefore, the Contractor must pay to its workers the minimum wage rate established by the Secretary of Labor and Industry and specified in the Contract Document - Prevailing Wage Act and Predetermination - and further the Contractor must assure that its Subcontractors also pay the Subcontractor’s workers these same minimum wage rates.

24.03 STEEL PRODUCTS PROCUREMENT ACT. Special attention is drawn to the provisions of Pennsylvania’s Steel

Products Procurement Act, which includes cast iron in the definition of steel products. The Contractor is advised that only steel products as defined in said Act shall be used or supplied in the performance of the Contract The Act defines Steel Products as "Products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made in the United

States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process and shall include cast iron products and shall include machinery and equipment listed in United States Department of Commerce

Standard Industrial Classification 25 (furniture and fixture), 35 (machinery, except electrical) and 37 (transportation equipment) and made of, fabricated from, or containing steel components. If a product contains both foreign and

United States steel, such product shall be determined to be a United States steel product only if at least seventy-five

(75%) percent of the cost of the articles, materials and supplies have been mined, produced or manufactured, as the case may be, in the United States. Transportation equipment shall be determined to be a United States steel product if it complies with section 165 of Public Law 97-424 (96 Stat. 2136)".

Contractor shall provide steel origin certifications of compliance in conjunction with shop drawing submittals, which certification shall be on forms to be provided by the Owner.

24.04 PUBLIC WORKS EMPLOYMENT ACT. Pennsylvania’s Public Works Employment Act requires contractors and subcontractors performing work on public works projects in this Commonwealth to comply with the Federal E-

Verify program (the EVP) to ensure employees are authorized to work in the United States. The EVP is a free

Internet-based program operated by the United States Department of Homeland Security that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from the United States Department of

Homeland Security and Social Security Administration records to confirm employment eligibility. As a result, every contractor and subcontractor performing work under a public works contract shall utilize the EVP system to verify the employment eligibility of each new employee hired after January 1, 2013; shall submit the official Public

Employment Verification Form to the Authority to ensure compliance with the act; and shall maintain documentation of continued compliance with the act by utilizing the EVP for new employees hired throughout the duration of the public work contract. The Pennsylvania Department of General Services is responsible for administering the program and information, as well as establishing the official Public Works Employment

Verification Form that needs to be completed by contractors and subcontractors, can be obtained on their website.

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 11

This has been the appropriate link to that website, although the Authority does not warrant its current accuracy -http://www.dgs.state.pa.us/portal/server.pt/community/construction and public works/1235/public works employment verification/1357211.

24.05 ENVIRONMENTAL LAWS. According to the Commonwealth Procurement Code, Act of May 15, 1998, P.L.

358, No. 57, 62 Pa.C.S.A. §3301, all invitations for bids and requests for proposals for construction projects issued by any government agency shall set forth any provision of federal and state statutes, rules and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources that affect the projects. This is the list entitled Environmental Statement as prepared by the Commonwealth of Pennsylvania, Department of General Services, 1999 Edition, for its standard contract forms, although revised to eliminate acts which don’t apply because of geographic location.

The Bidder is hereby notified that this project is subject to those statutes, rules and regulations shown on the following list, and the work must be carried out in compliance with these statutes, rules and regulations.

STATE LAW

I. Purdon's Statutes - Title 3 (Agriculture)

• Pennsylvania Fertilizer Law of 1956, Act of May 29, 1956 (P.L. (1955) 1795, §1), as amended, 3 P.S. 68.1 et seq.

• Pennsylvania Pesticide Control Act of 1973, Act of March 1, 1974 (P.L. 90, No. 24), as amended, 3 P.S.

111.21 et seq.

• Agricultural Liming Materials Act, Act of March 17, 1978 (P.L. 15, No. 9), as amended, 3 P.S. 132-1 et seq.

• The Pennsylvania Plant Pest Act of 1992, Act of December 16, 1992 (P.L. 1228, No. 162, §1), as amended, 3

P.S. 258.1 et seq.

• Noxious Weed Control Law, Act of April 7, 1982 (P.L. 228, No. 74), as amended, 3 P.S. 255.1 et seq.

• Soil Conservation Law, Act of May 15, 1945 (P.L. 547, §1), as amended, 3 P.S. 849 et seq.

• (Relating to weather modification), Act of January 19, 1968 (P.L. (1967) 1024, §1), as amended, 3 P.S. 1101 et seq.

II. Purdon's Statutes - Title 16 (Counties)

• (Relating to land use), Act of January 13, 1966 (P.L. (1965) 1292, §1), as amended, 16 P.S. 11941 et seq.

III. Purdon's Statutes - Title 18 (Crimes and Offenses)

• The Crimes Code, Act of December 6, 1972 (P.L. 1482, No. 334), as amended, 18 Pa. C.S.A. 101 et seq.

IV. Purdon's Statutes - Title 24 (Education)

• Public School Code of 1949, Act of March 10, 1949 (P.L. 30, Art. VII, §741), as amended, 24 P.S. 7-741 et seq.

V. Purdon’s Statutes - Title 30 (Fish)

• The Fish and Boat Code, Act of October 16, 1980 (P.L. 996, No. 175), as amended, 30 Pa. C.S.A. 101 et seq.

VI. Purdon's Statutes - Title 32 (Forests, Waters and State Parks)

• (Relating to water power and water supply permits), Act of June 14, 1923 (P.L. 704, §1), as amended, 32 P.S. 591 et seq.

• Water Well Drillers License Act, Act of May 29, 1956 (P.L. (1955) 1840, §1), as amended, 32 P.S. 645.1 et seq.

• (Relating to Flood Control), Act of August 7, 1936 (P.L. 106, 1st Ex. Sess., No. 46), as amended, 32 P.S. 653 et seq.

• Flood Plain Management Act, Act of October 4, 1978 (P.L. 851, No. 166), as amended, 32 P.S. 679.101 et seq.

• Storm Water Management Act, Act of October 4, 1978 (P.L. 864, No. 167), as amended, 32 P.S. 680.1 et seq.

• Dam Safety and Encroachments Act, Act of November 26, 1978 (P.L. 1375, No. 325), as amended, 32 P.S.

693.1 et seq.

• (Relating to Stream Clearance), Act of June 5, 1947 (P.L. 422, §1), as amended, 32 P.S. 701 et seq.

http://www.dgs.state.pa.us/portal/server.pt/community/construction%20and%20public%20works/1235/public%20works%20employment%20verification/1357211 http://www.dgs.state.pa.us/portal/server.pt/community/construction%20and%20public%20works/1235/public%20works%20employment%20verification/1357211

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 12

• (Relating to Delaware River pollution), Act of April 19, 1945 (P.L. 272, §1), as amended, 32 P.S. 815.31 et seq.

• Delaware River Basin Compact, Act of July 7, 1961 (P.L. 518, §§1 to 3), as amended, 32 P.S. 815.101 et seq.

• (Relating to Preservation and Acquisition of Land for Open Space Uses), Act of January 19, 1968 (P.L.

(1967) 992, §1), as amended, 32 P.S. 5001 et seq.

• Land and Water Conservation and Reclamation Act, Act of January 19, 1968 (P.L. (1967) 996, §2), as amended, 32 P.S. 5101 et seq.

• Bluff Recession and Setback Act, Act of May 13, 1980 (P.L. 122, No. 48), as amended, 32 P.S. 5201 et seq.

• Wild Resource Conservation Act, Act of June 23, 1982 (P.L. 597, No. 170), as amended, 32 P.S. 5301 et seq.

VII. Purdon's Statutes - Title 34 (Game)

• The Game and Wildlife Code, Act of July 8, 1986 (P.L. 442, No. 93), as amended, 34 Pa. C.S.A. 101 et seq.

VIII. Purdon's Statutes - Title 35 (Health and Safety)

• (Related to public eating and drinking places), Act of May 23, 1945 (P.L. 926, §1), as amended, 35 P.S.

655.1 et seq. Repealed in Part. Section 6(b) of Act 1994, Dec. 12, P.L. 903, NO. 131, repealed this section in so far as it is inconsistent with said act.

• The Public Bathing Law, Act of June 23, 1931 (P.L. 899, §1), as amended, 35 P.S. 672 et seq.

• The Clean Streams Law, Act of June 22, 1937 (P.L. 1987, Art. I, §1), as amended, 35 P.S. 691.1 et seq.

• (Related to Commonwealth Contribution to cost of Abating Pollution) Act of August 20, 1953 (P.L. 1217, §1), as amended, 35 P.S. 701 et seq.

• Pennsylvania Safe Drinking Water Act, Act of May 1, 1984 (P.L. 206, No. 43), as amended, 35 P.S. 721.1 et seq.

• Pennsylvania Sewage Facilities Act, Act of January 24, 1966 (P.L. (1965) 1535, §1), as amended, 35 P.S.

750.1 et seq.

• Pennsylvania Solid Waste-Resource Recovery Development Act, Act of July 20, 1974 (P.L. 572, No. 198), as amended, 35 P.S. 755.1 et seq.

• (Related to pollution from abandoned mines), Act of December 15, 1965 (P.L. 1075, §1), as amended, 35

P.S. 760.1 et seq.

• (Related to low-level radioactive waste disposal), Act of February 9, 1988 (P.L. 31, No. 12, §101), as amended, 35 P.S. 7130.101 et seq.

• (Related to Camp Regulation), Act of November 10, 1959 (P.L. 1400 §1), as amended 35 P.S. 3001 et seq.

• Air Pollution Control Act, Act of January 8, 1960 (P.L. (1959) 2119, §1), as amended 35 P.S. 4001 et seq.

• Solid Waste Management Act, Act of July 7, 1980 (P.L. 380, No. 97), as amended, 35 P.S. 6018.101 et seq.

Repealed in Part. Section 905(b) of Act 1988, Feb. 9, P.L. 31, No. 12, the Low-Level Radioactive Waste

Disposal Act (35 P.S. §7130.101 et seq.), repealed this section insofar as it is inconsistent with said act.

• Radiation Protection Act, Act of July 10, 1984 (P.L. 688, No. 147, §101), as amended, 35 P.S. 7110.101 et seq. Repealed in Part. Section 17(b) of Act 1992, Dec. 18, P.L. 1638, No. 180, provides that this section is repealed insofar as it is inconsistent with said act.

• Worker and Community Right-to-Know Act, Act of October 5, 1984 (P.L. 734, No. 159), as amended, 35

P.S. 7301 et seq.

IX. Purdon's Statutes - Title 36 (Highways and Bridges)

• State Highway Law, Act of June 1, 1945 (P.L. 1242, Art. I, §101), as amended, 36 P.S. 670-101 et seq.

Repealed in Part. Section 4 of Act 1985, July 3, P.L. 159, No. 43 repealed this act insofar as it is inconsistent with said act.

• (Related to Junkyards along Highways), Act of July 28, 1966 (P.L. 91, §1, Sp. Sess.), as amended, 36 P.S.

2719.1 et seq.

• Highway Vegetation Control Act, Act of December 20, 1983 (P.L. 293, No. 79), as amended, 36 P.S. 2720.1 et seq.

LEHIGH COUNTY AUTHORITY ̶ KLINES ISLAND WWTP April 2026

002113 – 13

X. Purdon's Statutes - Title 37 Appendix (Historical and Museum)

• History Code, Act of May 26, 1988 (P.L. 414, No. 72, §1), as amended, 37 Pa.C.S.A. 101 et seq.

XI. Purdon's Statutes - Title 43 (Labor)

• (Related to General Safety), Act of May 18, 1937 (P.L. 654, §1), as amended, 43 P.S. 25-1 et seq.

• Seasonal Farm Labor Act, Act of June 23, 1978 (P.L. 537, No. 93), as amended, 43 P.S. 1301.101 et seq.

XII. Purdon's Statutes - Title 52 (Mines and Mining)

• The Coal Mine Sealing Act of 1947, Act of June 30, 1947 (P.L. 1177, §1), as amended, 52 P.S. 28.1 et seq.

• Coal Refuse Disposal Control Act, Act of September 24, 1968 (P.L. 1040, No. 318), as amended, 52 P.S.

30.51 et seq.

• (Related to Coal Land Improvement), Act of July 19, 1965 (P.L. 216, No. 117), as amended, 52 P.S. 30.101 et seq.

• (Related to Mine Fires and Subsidence), Act of April 3, 1968 (P.L. 92, No. 42), as amended, 52 P.S. 30.201 et seq.

• Pennsylvania Anthracite Coal Mine Act, Act of November 10, 1965 (P.L. 721, No. 346), as amended, 52 P.S.

70-101 et seq.

• (Related to discharge of coal into banks of streams), Act of June 27, 1913 (P.L. 640, §1), as amended, 52 P.S.

631 et seq.

• (Related to Caving-in, Collapse, Subsidence), Act of May 27, 1921 (P.L. 1198, §1), as amended, 52 P.S. 661 et seq.

• (Related to Subsidence), Act of September 20, 1961 (P.L. 1538, §1), as amended, 52 P.S. 672.1 et seq.

• Anthracite Strip Mining & Conservation Act, Act of June 27, 1947 (P.L. 1095, §2), as amended, 52 P.S.

681.1 et seq.

• (Related to control and drainage of water from coal formations), Act of July 7, 1955 (P.L. 258, §1), as amended, 52 P.S. 682 et seq.

• Pennsylvania Bituminous Coal Mine Act, Act of July 17, 1961 (P.L. 659, Art. I, §101), as amended, 52 P.S.

701-101 et seq.

• (Related to Abandoned Mines), Act of May 7, 1935 (P.L. 141, §1), as amended, 52 P.S.