2-Div 00.pdf

PROJECT MANUAL FOR:

HIGH STREET PEDESTRIAN AND

ACCESSIBILITY IMPROVMENTS

BOROUGH OF WOMELSDORF, BERKS COUNTY, PA

Issued for Bid – August 13th , 2026

Bid Due – 11:00 am on Septmeber 10rd , 2026

Awarded – 7:00 pm on September 15th , 2026

OWNER:

WOMELSDORF BOROUGH

101 WEST HIGH STREET

WOMELSDORF, PA 19567

610-589-4725

610-683-3518 (FAX)

ENGINEER:

McCARTHY ENGINEERING ASSOCIATES

1011 N PARK ROAD

WYOMISSING, PA 19610

610-373-8001 www.mccarthy-engineering.com

PROJECT No. 250005-10

McCarthy #250005-10 HIGH STREET PEDESTRIAN AND Womelsdorf Borough ACCESSIBILITY IMPROVEMENTS Berks County

TABLE OF CONTENTS 00010 - 1

SECTION 00010 - TABLE OF CONTENTS

COVER SHEET

TABLE OF CONTENTS

GENERAL

DIVISION 0 – BIDDING REQUIREMENTS AND CONTRACT FORMS

*For Bidding

001113 ADVERTISEMENT

002113 INSTRUCTIONS TO BIDDERS

*004113 BID FORM – STIPULATED PRICE

*004313 BID SECURITY FORM

*004314 NON-COLLUSION AFFIDAVIT

*CERTIFICATION STATEMENT

004324 CHANGE ORDER FORM

005000 AGREEMENT

005100 NOTICE OF AWARD

005101 NOTICE OF INTENT TO AWARD

005102 NOTICE TO PROCEED

005103 CERTIFICATE OF SUBSTANTIAL COMPLETION

006100 PERFORMANCE BOND

006101 MAINTENANCE BOND

006102 PAYMENT BOND

006103 STATEMENT OF SURETY COMPANY

*006500 CONTRACTOR’S QUALIFICATION STATEMENT

007000 GENERAL CONDITIONS

008000 SUPPLEMENTAL CONDITIONS

008200 PREVAILING WAGE REQUIREMENTS

008400 WORKMEN’S COMPENSATION AFFIDAVIT

008600 PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

DIVISION 1 - GENERAL REQUIREMENTS

011000 SUMMARY OF WORK

012000 PRICE AND PAYMENT PROCEDURES

013000 ADMINISTRATIVE REQUIREMENTS

013216 CONSTRUCTION PROGRESS SCHEDULE

013300 SUBMITTAL PROCEDURES

014000 QUALITY REQUIREMENTS

015000 TEMPORARY FACILITIES AND CONTROLS

016000 PRODUCT REQUIREMENTS

017000 EXECUTION AND CLOSEOUT REQUIREMENTS

017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

TABLE OF CONTENTS 00010 - 2

TECHNICAL SPECS

024116 STRUCTURE DEMOLITION

311000 SITE CLEARING

312316 EXCAVATION

321216 ASPHALT PAVING

329219 SEEDING

END OF SECTION 00010

LIST OF DRAWINGS 000115 - 1

SECTION 000115 - LIST OF DRAWINGS

GENERAL DRAWINGS

CONSTRUCTION PLAN

SITE PLAN 250005-10-SI-01

SITE PLAN 250005-10-SI-02

SITE PLAN 250005-10-SI-03

SITE PLAN 250005-10-SI-04

SITE PLAN 250005-10-SI-05

CONSTRUCTION DETAILS 250005-10-CD-06

END OF SECTION

ADVERTISEMENT FOR BIDS

Sealed proposals will be received by the Borough of Womelsdorf, Berks County, Pennsylvania, online via the PennBid™ Program, until 11:00 am, on September 10th , 2026, for the High Steet Curb and Sidewalk Improvement Project.

This project consists of curb repairs, installation of ADA ramps, and restoration along High Street, N 3rd Street, and S 2nd Street in Womeldorf Borough. Tree removal may be required as a part of this project.

Bidders must conform to the General Conditions and detailed Specifications in the bid package. All documents and solicitation details are available at no cost at PennBid™ - www.PennBid.net.

Only questions submitted online via PennBid™ shall be considered. Responses will be provided on the website and be visible to all Bidders. Any changes to the plans or specifications will be provided as an Addendum and notice will be given to Bidders through the website via email. No responses will be provided for requests received after 12:00 pm on September 3rd , 2026.

The bids will be opened and the bid tabulation summaries will be made publicly available on Thursday, September 10th , 2026 at 1:00 pm (local time) on PennBid™. Bids will be publicly awarded on September 15th, 2026 at 7:00 pm (local time) at the Womelsdorf Borough Hall Building, 101 West High Street, Womelsdorf, PA 19567.

Notice is hereby given that prospective bidders are advised that they must be PennDOT qualified and must have a minimum of 5 years’ experience in the type of work associated with this project. The work indicated will be funded in part by the Multimodal Transportation Fund (MTF) Program with partial reimbursement under the Commonwealth Financing Authority (CFA). The solicitation process, contract and conduct of the work must meet the requirements of the grant agreement between the Owner and the CFA. The agreement obligates the Owner to certain compliance requirements that if not followed could cause the Owner to not receive the MTF Funds. Bids are to be submitted on the forms furnished in the bid package. All bidders must be qualified to perform the work and shall complete the required Bidder Forms contained in the contract documents.

This bid is in accordance with the Pennsylvania Prevailing Wage Act, and the successful bidder shall pay no less than the PA L&I Wage Rates determined for the project as stated in the Contract Documents.

Award of the Contract, if the contract is awarded, will be to the lowest responsible bidder, however Owner reserves the right to reject any and or all bids on any basis and to waive any informality in the bidding, as permitted by law.

The bid must be accompanied by a Cashier’s Check, Certified Check, or Bid Bond in the amount of Ten Percent (10%) of the bid, made payable to the Borough of Womelsdorf. Also required are a properly executed Bid Form, Non-Collusion Affidavit, Certification Statement, and Contractor’s Qualification Statement. The successful bidder shall also be required to provide a Performance Bond in the amount of one hundred percent (100%) of the Contract amount within ten (10) calendar days of written notice of acceptance of the Bid. The Borough reserves the right to reject any or all proposals or to accept any portion of any bid, and to award Contracts as is deemed best for the Borough. The Borough also reserves the right to waive any defects, errors, omissions, irregularities, or informalities in bids received.

Mike Williams, Borough Manager Womelsdorf Borough

Advertised in the Reading Eagle:

Wednesday, August 19, 2026 Wednesday, August 26, 2026 http://www.pennbid.net/

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Interpretations and Addenda

ARTICLE 7 – Bid Security

ARTICLE 8 – Contract Times

ARTICLE 9 – Liquidated Damages

ARTICLE 10 – Substitute and “Or-Equal” Items

ARTICLE 11 – Subcontractors, Suppliers, and Others

ARTICLE 12 – Preparation of Bid

ARTICLE 13 – Basis of Bid

ARTICLE 14 – Submittal of Bid

ARTICLE 15 – Modification and Withdrawal of Bid

ARTICLE 16 – Opening of Bids

ARTICLE 17 – Bids to Remain Subject to Acceptance

ARTICLE 18 – Evaluation of Bids and Award of Contract

ARTICLE 19 – Bonds and Insurance

ARTICLE 20 – Signing of Agreement & Filing of Forms

INSTRUCTIONS TO BIDDERS 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 –on PennBid.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

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 authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the state where the Project is located

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

C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others”

D. Other required information regarding qualifications

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

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION

OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

INSTRUCTIONS TO BIDDERS 002113-2

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

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

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. 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 Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 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 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

INSTRUCTIONS TO BIDDERS 002113-3

D. 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 Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. 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.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

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

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

D. 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 Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, 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;

E. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid 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 bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

F. 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;

G. 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;

INSTRUCTIONS TO BIDDERS 002113-4

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

and

I. 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 in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – INTERPRETATIONS AND ADDENDA

6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. 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.

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

ARTICLE 7 – BID SECURITY

7.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 10% percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

7.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

7.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 90 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

7.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 8 – CONTRACT TIMES

8.01 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 9 – LIQUIDATED DAMAGES

9.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Supplementary Conditions.

INSTRUCTIONS TO BIDDERS 002113-5

ARTICLE 10 – SUBSTITUTE AND “OR-EQUAL” ITEMS

10.01 If the CONTRACTOR desires to offer equipment as a substitute to the specified equipment, he shall submit, within 15 days after the dates established in the Notice to Proceed, substantial descriptive information in order that the ENGINEER may determine if the proposed substitute is of equal or superior quality to that specified. No substitute equipment will be considered unless, in the opinion of the Engineer, it conforms to the specifications in all respects except make and manufacturer and minor details. The ENGINEER shall have the right to decide whether or not the proposed substitute will be accepted. Maintenance requirements, performance data, and structural integrity may be considered.

10.02 If a substitute is offered, the CONTRACTOR shall indicate with the Bid the amount to be deducted from the contract price if the proposed substitute is accepted. The Contract, if awarded, will be on the basis of material and equipment depicted on the Drawings and Specified herein without consideration of substitute equipment. In the event the substitute is allowed, the contract price will be adjusted accordingly by a change order. By submitting a bid, the CONTRACTOR agrees and understands that award of the Contract will be to the lowest responsive, responsible, qualified Bidder. If a substitute is found unacceptable, then the CONTRACTOR shall be responsible for supplying the equipment specified.

ARTICLE 11 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

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

If requested by Owner, 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 Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner 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 Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.04 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, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity 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 subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

INSTRUCTIONS TO BIDDERS 002113-6

ARTICLE 12 – PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 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 (optional) may be affixed and attested by the corporate secretary or an assistant corporate secretary.

12.03 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 official address of the firm shall be shown.

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

12.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

12.06 All names shall be printed in ink below the signatures.

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

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

12.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 13 – BASIS OF BID

13.01 Base Bid with Alternates

A. Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form.

The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

13.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Unit Price Form or Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the

INSTRUCTIONS TO BIDDERS 002113-7

Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. 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.

13.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

13.04 Price-Plus-Time Bids

A. The Owner will consider the time of Substantial Completion commitment made by the Bidder in the comparison of Bids.

B. Bidder shall designate the number of days required to achieve Substantial Completion of the Work and enter that number in the Bid Form as the total number of calendar days to substantially complete the Work.

C. The total number of calendar days for Substantial Completion designated by Bidder shall be less than or equal to a maximum of 90. If Bidder purports to designate a time for Substantial Completion that is less than the allowed minimum, or greater than the allowed maximum, Owner will reject the Bid as nonresponsive.

D. The Agreement as executed will contain the Substantial Completion time designated in Successful Bidder’s Bid, and the Contractor will be assessed liquidated damages at the rate stated in the Agreement for failure to attain Substantial Completion within that time.

E. Bidder shall also designate the time in which it will achieve Milestones, and achieve readiness for final payment. Such time commitments shall be consistent with the “Time of Substantial Completion” to which Bidder commits. The Agreement as executed will contain, as binding Contract Times, Successful Bidder’s time commitments regarding Milestones, as applicable, and readiness for final payment.

ARTICLE 14 – SUBMITTAL OF BID

14.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Security (Bond) Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

14.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid.

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

ARTICLE 15 – MODIFICATION AND WITHDRAWAL OF BID

15.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date

INSTRUCTIONS TO BIDDERS 002113-8

and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 16 – OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 18 – EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

18.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

18.03 Evaluation of Bids

A. 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.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded.

After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. Bid prices will be compared after adjusting for differences in time of Substantial Completion (total number of calendar days to substantially complete the Work) designated by Bidders.

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The adjusting amount will be determined at the rate set forth in the Agreement for liquidated damages for failing to achieve Substantial Completion, or such other amount that Owner has designated in the Bid Form.

1. The method for calculating the lowest bid for comparison will be the summation of the Bid price shown in the Bid Form plus the product of the Bidder-specified time of Substantial Completion times the rate for liquidated damages $600.00 per day.

2. This procedure is only used to determine the lowest bid for comparison and contractor selection purposes. The Contract Price for compensation and payment purposes remains the Bid price shown in the Bid Form.

18.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 19 – BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 20 – SIGNING OF AGREEMENT & FILING OF FORMS

20.01 All prospective Bidders are required to complete a Non-Collusion Affidavit. This affidavit may be required on all projects involving public funding as provided in Section 7 of the Pennsylvania Anti-Bid-Rigging Act. The Non-Collusion Affidavit must be submitted with the Bid.

20.02 Contract forms are to be submitted as outlined in the Advertisement, Bid Form, Notice of Intent to Award, Notice of Award, and/or Agreement according to the following timelines.

A. At the time of the initial bid, submit the Bid Form, Bid Security, Certification Statement, Non-Collusion Affidavit, and Contractor’s Qualification Statement.

B. After opening and review of bids, OWNER or ENGINEER/ARCHITECT will send the Notice of Intent to Award to the apparent lowest qualified bidder. The form of this Notice is to be returned with the following within 10 days in order to secure the Notice of Award (actual award):

1. PERFORMANCE BOND

2. PAYMENT BOND

3. Insurance Certificates

4. Workmen’s Compensation Affidavit, and

5. Public Works Employment Verification Form.

C. Upon receipt of these forms, the Notice of Award will be sent, which must be signed and returned along with the Agreement within a second period of 14 days.

D. Within 10 days thereafter, OWNER shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and/or electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

INSTRUCTIONS TO BIDDERS 002113-10

E. Upon completion of the project, provide a Maintenance Bond to protect the Municipality from faulty or defective work by the Contractor. This bond shall cover a period of one year following the completion of the work and should be in an amount equal to at least 10% of the final contract price.

20.03 The Statement of Surety Company (004315) shall be submitted in accordance with instructions indicated on those forms relative to requests for payment.

20.04 PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

A. The CONTRACTOR and SUBCONTRACTOR shall furnish the form prescribed by the Contract Documents to the OWNER affirming compliance with the Public Works Employment Verification Act through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. Starting January 1, 2013, all public works contractors and subcontractors are required to verify that newly-hired employees are authorized to work in the United States. The Public Works Employment Verification Act (Act 127 of 2012), which was signed into law July 2012, is part of an effort to ensure that employees on public projects are eligible to work in this country. Contractors and Subcontractors must verify eligibility using the U.S. Department of Homeland Security’s E-Verify internet program.

END OF SECTION 002113

BID FORM 004143 - 1

BID FORM

NAME OF PROJECT: HIGH STREET PEDESTRIAN AND ACCESSIBILITY

IMPROVEMENTS

ADDRESS OF PROJECT: WOMELSDORF BOROUGH, BERKS COUNTY, PA

OWNER: Womelsdorf Borough 101 West High Street Womelsdorf, PA 19567

BASE BID

In compliance with the Project Manual, the undersigned, having carefully examined the Bidding Documents and having had the opportunity to visit the site and examine all conditions affecting the work, proposes to do all such work, including the furnishing of all necessary labor, machinery, equipment, materials, supplies, transportation and incidentals as required by the Bidding Documents, for the stipulated sum of:

Total Base Bid:

Sum expressed in words

Dollars $ Sum expressed in words (continued) Sum expressed in figures

SCHEDULE

If awarded a contract for the work described by the Contract Documents, the undersigned will complete the work, without exception, in the following number of calendar days from the time of issuance of the Notice to Proceed:

Total Number of Calendar Days to Complete the Work 180 Days

Earliest Start Date September 17, 2026

Estimated Date of Final Completion March, 2027

SCHEDULE OF VALUES/PRICES:

BASE BID

HIGH STREET, N 3rd STREET, S 2nd STREET (Item No. 1) – High Street West of Water Street

ITEM EST. UNIT TOTAL

NO. DESCRIPTION QTY. UNIT PRICE AMOUNT

1. Mobilization/Demobilization 1 LS $ $ Bonds/Insurance

2. Traffic Controls 1 LS $ $

BID FORM 004143 - 2

3. Sawcut and Remove Concrete Sidewalk 5844 SF $ $

4. Remove and Dispose of Concrete Curb 4208 LF $ $

5. Furnish & Install 4” Concrete Sidewalk; 5855 SF $ $ Furnish & Install 4” 2B Stone Base;

6. 18" Curb with 4" 2B Stone Base 4208 LF $ $

7. Design and Install ADA Ramp with 2 EA $ $ Detectable Warning Surface

8. Reconstruct Existing Driveway Aprons 7 EA $ $

9. Yellow Curb Painting – Safety Yellow 1613 LF $ $

10. Hydroseed and Straw 3525 SF $ $

HIGH STREET (Item No. 2) – High Street from Water Street to S.R. 422

11. Mobilization/Demobilization 1 LS $ $ Bonds/Insurance

12. Traffic Controls 1 LS $ $

13. Sawcut and Remove Concrete Sidewalk 825 SF $ $

14. Remove and Dispose of Concrete Curb 1316 LF $ $

15. Furnish & Install 4” Concrete Sidewalk; 825 SF $ $ Furnish & Install 4” 2B Stone Base;

16. 18" Curb with 4" 2B Stone Base 1316 LF $ $

17. Hydroseed and Straw 1590 SF $ $

Alternate Items – As Directed by Owner

18. Remove and Dispose of Trees 2 EA $ $ (6”-12” Diameter)

19. Remove and Dispose of Trees 12 EA $ $ (12”-24” Diameter)

20. Remove and Dispose of Trees 4 EA $ $ (24”-48” Diameter)

TOTAL AMOUNT OF BID $__________________________

BID FORM 004143 - 3

VALUE ENGINEERING:

The Bidder may at his/her option, provide value engineering suggestions and provide add/deduct amounts for such items.

GOOD FAITH:

In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Document, and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

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

D. Bidder has carefully studied all: (1) reports of explorations and test 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).

E. Bidder has obtained and carefully studied (or assumes responsibility for having done 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 the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this 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. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has correlated 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.

BID FORM 004143 - 4

I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder.

J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

K. Bidder further represents that this Bid is genuine and not in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

L. Bidder acknowledges that the Borough of Honey Brook may delete all or a portion of the project, in one or more instances, in its sole discretion, which it deems appropriate. In such instance, the Borough of Honey Brook and the CONTRACTOR will deduct from the Contract price an amount equal to the value of the Work to be deducted including overhead and profit.

If the parties do not agree as to the dollar amount of the deduction, the ENGINEER will render a decision which will be final and binding upon both parties.

M. The Bidder agrees to progress payments in accordance with Article 51 of the General Conditions and the Supplementary Conditions at such unit values as indicated in Section UNIT PRICES and the UNIT PRICES FORM (the total of the unit values and quantities being equal to the Total Bid Sum), as prepared by the Bidder.

N. The Bidder agrees that work performed during winter months shall be at the same rate as all other work agreed upon in the executed contract.

N. The following documents are attached to and made a condition of this Bid:

1) Bid Security Form

2) Certification Statement

3) Non-Collusion Affidavit

4) Contractor’s Qualification Statement

5) Nondiscrimination Statement

8) Workmen’s Compensation Affidavit

9) Public Works Employment Verification Form

O. Communications concerning this Bid shall be addressed to the address of Bidder indicated below or the following address:

Name:

Title:

Phone:

Fax:

Email:

CONCLUSION:

Contractors are requested not to bid on this Contract if they cannot adhere strictly to the following requirements. In submitting this bid we agree:

BID FORM 004143 - 5

1. To hold our bid open for a period of sixty (60) calendar days past the date for receipt of bids.

2. To complete, sign, and submit with the bid the attached Certification Statement certifying that we have not been and are presently not suspended, debarred or otherwise precluded by any Federal or State entity from the benefits which may result from obtaining this Contract.

3. To complete, sign, and submit with the bid the attached Non-Collusion Affidavit and the Contractor’s Qualification Statement.

4. To submit a Bid Security in accordance with the attached form in the sum of 10% of the Bid Total which is to become the property of the Owner in the event the Contract and Bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby.

5. To enter into and execute a contract, if awarded on the basis of this bid, and to furnish performance and payment bonds in accordance with the Instructions to Bidders and Supplementary Conditions.

6. To accomplish the work in accordance with the Contract Documents.

BID FORM 004143 - 6

The Undersigned hereby acknowledges the receipt of the following Addenda to the Contract Documents.

Addendum No. 1 ________________________________, dated ___________________.

Addendum No. 2 ________________________________, dated ___________________.

Addendum No. 3 ________________________________, dated ___________________.

(Signatures)

Respectfully submitted by Authorized Signing Officer:

Signature Date

Printed Name

Title

Company Name and Address

If Partnership, list full names of all partners

If Corporation, affix Corporate Seal and list state of incorporation

State (Affix Seal)

END OF SECTION 004143

BID SECURITY FORM 004313 - 1

BID BOND/SECURITY FORM

KNOW ALL MEN BY THESE PRESENTS, that

_____________________________________________, as Principal, and (Name of Contractor)

_____________________________________________, as Surety, (Name of Surety) a corporation duly organized under the laws of the State of ________________, licensed to do business in the State of ________________, are held and bound unto the Borough of Womelsdorf, as the Obligee, in the sum of ten percent (10%) of the amount bid, for payment of which the Principal and Surety, bind themselves, jointly and severally.

Surety and Principal understand and agree that this Bond has been requested, and is given, as bid security under the provisions of the Contract Documents and requirements. This Bond is submitted as a condition precedent for Obligee's consideration of Principal's bid, as evidence of the Principal's good faith (e.g., complying with Obligee’s bid procedures, such as providing bid documentation, and to fully indemnify the Obligee for Obligee's benefit against any possible failure or refusal by the Principal to enter into any written contract that may be awarded to it by the Obligee following the Obligee's acceptance of the Principal's bid.

The Principal expressly covenants that it will not withdraw the bid herewith submitted, will comply with the "AWARD OF CONTRACT" provision contained in Principal's PROPOSAL, and, if it is awarded the contract, will, within the time stated in the "AWARD OF CONTRACT" provision, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract.

Signed this _______ day of ___________________, Year: ____, for Project Number________________

THE CONDITIONS OF THIS OBLIGATION ARE: that if Obligee accepts the bid of Principal and Principal enters into a contract with Obligee for the project and gives bond with good and sufficient surety for the faithful performance of such contract: or in the event of the failure of Principal to demonstrate its good faith or to enter into the contract and give the bond, if Principal pays to Obligee the difference (not to exceed the penalty hereof) between this bid amount and the amount for which Obligee legally contracts with another party to perform that work, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect.

Name of Principal SEAL (if applicable)

** By:__________________________________

Name of Surety Company SEAL

** By:__________________________________

Title: __________________________________

** THIS BOND MUST BE SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF THE SURETY

AND THE PRINCIPAL. UNSIGNED BONDS ARE NOT RESPONSIVE AND A BID WILL BE

REJECTED IF THE BOND IS NOT PROPERLY SIGNED.

NOTE: A copy of the agent's Power of Attorney for the Surety Company must be attached to this bond form.

NON-COLLUSION AFFIDAVIT 1 of 1

NON-COLLUSION AFFIDAVIT

STATE OF ______________________________

COUNTY OF…