2-Elverson Headworks Specifications - 7.1.26.pdf

MUNICIPAL AUTHORITY OF THE BOROUGH OF ELVERSON

CHESTER COUNTY, PENNSYLVANIA

SPECIFICATIONS

FOR

SEWAGE TREATMENT PLANT HEADWORKS GRANT PROJECT

JULY, 2026

Prepared by:

24-1367-0131

SPECIFICATIONS FOR

SEWAGE TREATMENT PLANT HEADSWORKS GRANT PROJECT

INDEX

SECTION DESCRIPTION PAGES

• INDEX .................................................................................................. 1 thru 4

• ADVERTISEMENT FOR BIDS ................................................................. 1 thru 2

• INSTRUCTIONS TO BIDDERS (EJCDC C-200) .......................................... 1 thru 13

• BID FORM- (EJCDC C-410) .................................................................... 1 thru 17

• QUALIFICATIONS OF BIDDER QUESTIONNAIRE (EJCDC C-420) …………… 1 thru 6

• BID BOND - (EJCDC C-430) .................................................................... 1 and 2

• NOTICE OF INTENT TO AWARD

• PUBLIC WORKS EMPLOYMENT VERIFICATION FORM ……………………….. 1

• CONTRACTOR’S STATEMENT OF COMPLIANCE WITH CDL TESTING

PROGRAM REQUIREMENTS ……….........……………………..............……………. 1

• PERFORMANCE BOND (EJCDC C-610) ................................................... 1 thru 3

• PAYMENT BOND (EJCDC C-615) ........................................................... 1 thru 3

• AGREEMENT (EJCDC C-520) .................................................................. 1 thru 7

• NOTICE OF AWARD (EJCDC C-510)

• NOTICE TO PROCEED (EJCDC C-550)

• GENERAL CONDITIONS (EJCDC C-700) .................................................. 1 thru 65

• SUPPLEMENTARY CONDITIONS (EJCDC C-800)..................................... 1 thru 22

• WORK CHANGE DIRECTIVE (EJCDC C-940)

• CONTRACT CHANGE ORDER (EJCDC C-941)

• FIELD ORDER (EJCDC C-942)

• APPLICATION FOR PAYMENT ............................................................... 1 thru 2

• CERTIFICATE OF SUBSTANTIAL COMPLETION

(EJCDC C-625) ....................................................................................... 1 thru 2

• TECHNICAL SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

01010 Summary of Work 01011 General Technical Specifications 01040 Working on Existing Structures 01045 Cutting and Patching 01300 Submittals 01310 Construction Schedules 01340 Shop Drawings, Product Data, and Samples 01370 Schedule of Values and Applications for Payment 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01600 Material and Equipment 01650 Starting of Systems 01700 Contract Closeout 01710 Cleaning and Adjusting 01720 Project Record Documents 01740 Warranties and Bonds

DIVISION 2 – SITE WORK

02050 Demolition 02141 Dewatering and Drainage of Excavation 02161 Trench Safety Systems 02211 Rough Grading 02221 Excavation, Trenching and Backfilling for Utilities 02223 Backfilling 02224 Shoring 02225 Trenching 02228 Waste Material Disposal 02230 Aggregate Subbase 02560 Soil and Erosion and Sedimentation Control

DIVISION 3 – CONCRETE

03600 Grouting

DIVISION 9 – FINISHES

09900 Painting

DIVISION 15 – MECHANICAL

15000 Basic Mechanical Requirements 15005 Mechanical Equipment Installation 15030 Electrical Requirements for Mechanical Equipment

DIVISION 16 – ELECTRICAL

16010 Basic Electrical Requirements 16060 Grounding and Bonding 16072 Electrical Supports and Seismic Restraints 16075 Electrical Identification 16120 Conductors and Cables 16130 Conduit 16135 Electrical Boxes and Fittings 16490 Disconnect Switches

DIVISION 23 – HVAC

230100 Common Work Results for HVAC 230518 Escutcheons for HVAC Piping 230529 Hangers and Supports for HVAC Piping and Equipment 230553 Identification for HVAC Piping and Equipment 230800 Commissioning of HVAC 232300 Refrigerant Piping 238126 Split-System Air Cooling 238500 Refrigerant Detection and Alarm System

DRAWINGS (Attached Separately)

APPENDICES

APPENDIX “A” Affidavit of Release of Liens and Final Waiver of Liens

(Forms and Sample Forms)

APPENDIX “B” Consent of Surety to Final Payment

APPENDIX “C” Pennsylvania Prevailing Wage Determination

APPENDIX “D” Nondiscrimination/Sexual Harassment Clause

APPENDIX “E” Compliance with the State Contractor Responsibility Program

ADDENDA

ADVERTISEMENT FOR BIDS

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SEWAGE TREATMENT PLANT IMPROVEMENTS GRANT PROJECT

ADVERTISEMENT FOR BIDS

Separate sealed bids will be received, by the Municipal Authority of the Borough of Elverson, Chester County, Pennsylvania online via PennBid for the Sewage Treatment Plant Headworks Grant Project until 12:00 P.M. prevailing time, on July 27, 2026, after which time, Bids will be opened with results displayed publicly on PennBid. Bids will be reviewed and recommended for award to the lowest qualified Bidder at the Public Meeting of the Municipal Authority of the Borough of Elverson at their regularly scheduled meeting to be held at 7:00 P.M. prevailing time on July 28, 2026.

All documents and solicitation details are available at no cost on PennBid – www.PennBid.net.

Contract A – General/Mechanical Contract B – Electrical Contract C – HVAC

The project generally consists of removing an existing rotating drum screen at the headworks building and replacing with an owner supplied model, as well as roof replacement and general repairs. Electrical work will consist of disconnecting the current screen from the control panel and connecting the newly installed screen. HVAC work consists of upgrading/replacing the existing system.

Any BID received after the time and date specified will not be considered. No bid may be withdrawn for a period of sixty (60) days after the above specified date for receiving, opening, and reading of Bids, except as specifically provided by law.

All Contracts exceeding $10,000.00 shall be performed in compliance with Executive Order 11246, entitled, “Equal Employment Opportunity,” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR Part 60). In addition, all Contractors shall comply with the Nondiscrimination/Sexual Harassment Clause as required by the Commonwealth of Pennsylvania and the Commonwealth Financing Authority.

The successful Bidder shall be required to execute the Agreement, furnish a Performance Bond and a Payment Bond on the respective forms provided in the Contract Documents, and provide evidence of insurance coverage as required by the Contract Documents.

The wages paid on this project will be subject to the Pennsylvania Prevailing Wage Act approved August 15, 1961, P.L. 987 as amended and supplemented. The Pennsylvania Human Relations Act of 1955, P.L. 744, No. 222, as amended June 25, 1997 by Act 34 of 1997, 43 P.S.

951-963, shall apply to each Contract.

http://www.pennbid.net/

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Attention is called to the fact that not less than the minimum salaries and wages as set forth in the contract documents must be paid on this project, and that employees and applicants for employment shall not be discriminated against because of their race, age, color, religion, sex, national origin, or handicap.

The Bidder and all subcontractors must be qualified for the type of project work specified in order to bid the project, and prequalification’s must be submitted by the Bidder and all subcontractors. The qualification documentation listed in Article 3 in the Instructions to Bidders must be submitted with the bid.

Bidders should refer to provisions of federal and state statutes, rules and regulations dealing with prevention of environmental pollution and the preservation of public, natural resources that affect the project.

This project will be financed in part by a PA Small Water and Sewer Program Grant from the Commonwealth of Pennsylvania, Commonwealth Financing Authority (CFA).

The Municipal Authority of the Borough of Elverson reserves the right to waive any informality in or to reject any or all Bids, and to delete any item or portion of an item without affecting the bids on the remaining items or portion of items. The above Invitation to Bidders is made for the benefit of the Elverson Township Municipal Authority and no rights shall be deemed to accrue to any person making a bid by reason of submission of any bid hereunder or by waiver or non-enforcement of any provision or requirement of this invitation.

The award of the Contract and the issuance of Notice to Proceed shall be contingent upon the approval of the Performance Bond, Payment Bond, Agreement and the Certificates of Insurance.

Municipal Authority of the Borough of Elverson Stephen W. Keech, Authority Chairman

INSTRUCTIONS TO BIDDERS

(EJCDC C-200)

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

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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 ………………..………………………………………………………………………………. 2

Article 5 – Bidder’s Representations

Article 6 – Pre-Bid Conference

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

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 – Bonds and Insurance

Article 21 – Signing of Agreement

Article 22 – Sales and Use Taxes

Article 23 – Retainage …………………………………………………………..……………………….……………………………….…… 11

Article 24 – Performance Bond, Payment Bond, Agreement, Insurance, Schedule of Values and PENNDOT Highway Restoration and Maintenance Bond ………………..……………………………… 11

Article 25 – Pennsylvania Public Works Employment Verificaton Act ………………………..………………………... 12

Article 26 – Availability of Appropriated Funds………………………….………………………………………..………………. 13

Article 27 – Steel Products Procurement Act ………………………………………………………………………………………..13

Article 28 – Contractor’s Statement of Compliance with CDL Testing Program Requirements ……………..13

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

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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 office from which the Bidding Documents are to be issued. The issuing office for this project is Systems Design Engineering, Inc., 1032 James Drive, Leesport, PA 19533.

B. Owner – Municipal Authority of the Borough of Elverson 101 South Chestnut Road, Elverson PA 19502.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained online from PennBid at www.PennBid.net

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 with the Bid (a) the Qualifications of Bidder Questionnaire (included within the Bid Documents) 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 Commonwealth of Pennsylvania.

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. Maintains a permanent place of business with at least five (5) years and preferably ten (10) years’ experience with similar work;

E. Has adequate equipment to do the work properly and expeditiously.

F. Has successfully completed projects of similar character and magnitude of the Work (provide a list of projects completed within the past 5 years, including the Contract date and a description of the work items, quantities, county where project is located and the total bid price).

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.

http://www.pennbid.net/

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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 or preparation of the Bid.

Owner shall in its sole discretion be entitled (a) to request additional information from Bidders to confirm that Bidders meet the qualifications; and (b) to clarify information prepared and contained in the Bid Form.

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.

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.

4. Geotechnical Baseline Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR). The GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GBR is a Contract Document.

The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline

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Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GBR, all other Contract Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined.

Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bidding strategies, and Bid prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.

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 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.

4.03 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 may conduct any subsurface testing, or investigations of Site conditions as Bidder may find necessary to prepare their bid in addition to the information supplied by Owner.

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.

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.

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

E. 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;

F. 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;

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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. 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;

I. 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

J. agree that the submission of a Bid shall 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.

5.02 Bidder shall not at any time after executing the Contract, make any claims whatsoever alleging insufficient data or incorrectly assumed conditions, nor shall Bidder claim any misunderstanding with regard to the nature, conditions or character of the Work to be done under the Contract, and Bidder shall assume all risks resulting from any changes in the conditions which may occur during the progress of the Work.

5.03 If any Bidder contemplating submitting a Bid for the Project is in doubt as to the true meaning of any part of the Contract Documents, Bidder may submit to the Engineer a written request for an interpretation thereof. Request for interpretations received by the Engineer less than five (5) calendar days prior to the time of opening of Bids will not be answered. The Bidder submitting the request will be responsible for its prompt and actual delivery. Any interpretation of such documents will be made only by addendum duly issued, a copy of such addendum will be mailed or delivered to each Bidder receiving a set of bid documents. The Owner and Engineer will not be responsible for any other explanations or interpretations of such documents which anyone presumes to make on behalf of the Owner or Engineer. In the event any provisions of the contract documents are inconsistent, the most stringent provisions shall be fulfilled by the Contractor.

5.04 Any borings, soundings, test piles, earth, rock, subsurface conditions and locations of and nature of existing underground structures, pipes, and conduits shown or indicated on Drawings are for the information of the Owner, the correctness of the information is not guaranteed by the Owner and in no event is this information to be considered as part of the Contract. There is no certainty of the accuracy of this information and the location thereof may be inaccurate and other items or obstructions than those shown may be encountered. The Contractor hereby distinctly agrees that the Owner is not responsible for the correctness or sufficiency of the information given; that in no event is this information to be considered as a part of the Contract;

that he shall have no claim for delay or extra compensation on account of incorrectness of information given, or on account of the insufficiency or absence of information regarding underground items or obstruction either revealed or not revealed by the drawings; and that he shall have no claim for relief from any obligation or responsibility under the Contract; in case the location, size or character of any underground item or structure is not as indicated on the Drawings, or in case any underground item or structure is encountered that is not shown on the

Drawings.

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ARTICLE 6 – PRE-BID CONFERENCE

6.01 Bidders shall note that no pre-bid conference/on-site meeting has been scheduled. Any Bidder interested in viewing the treatment plant site shall make arrangements with the Authority’s contracted plant operator, EEMA O&M Services Group. The contact person for EEMA O&M Services Group is Mr. John Dean and he can be reached by phone at (484) 824-2569 to coordinate a site visit. Generally, an operator is on-site daily for several hours to perform their routine sampling and observation of the treatment plant operation.

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, by email or standard mail at:

Systems Design Engineering, Inc., 1032 James Drive, Leesport, PA 19533 ATTN: Keith R. Showalter, P.E., k.showalter@sdei.net

Telephone No. : 610-916-8500.

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 ten (10) 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.

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

7.03 Any questions answered outside of the parameters described above are neither valid, nor binding upon the Owner.

ARTICLE 8 – BID SECURITY

8.01 A Bid shall be accompanied by Bid security made payable to Owner in an amount of ten (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 5.01 and

5.02 of the General Conditions.

8.02 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 15 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.

8.03 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

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155542220.2 the Contract or sixty-one (61) days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 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 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, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least ten ( 10) days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 6.04 and 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

11.03 After execution of the Contract, should the Contractor desire to substitute equipment other than the equipment specified herein, such substitution shall be superior in construction and efficiency to that specified herein. The Contractor shall furnish data to the Engineer which supports that a higher quality has been demonstrated by service in a similar installation.

11.04 In the event the Contractor obtains the Engineer’s approval of equipment other than that for which the design was originally laid out, the Contractor shall at his own expense, make any changes in the structures, buildings or piping necessary to accommodate the equipment, and shall provide Drawings to the Engineer.

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11.05 It will be assumed that the cost to the Contractor of the equipment proposed to be substituted is less than that of the equipment specified in the Contract and if substitution is approved, the Contract Price shall be reduced by an amount equal to the savings. The amount of deduction shall be indicated in the Bid for the proposed substitution accordingly.

11.06 All costs for the review of the substitution data by the Engineer shall be the responsibility of the

Contractor. The Engineer will submit an invoice to the Contractor for all review fees. Failure to pay these fees will be cause for un-acceptance of the proposed substitution.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 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.

12.02 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.

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

12.04 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.

12.05 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 6.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 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

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155542220.2 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.”

13.02 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.

13.03 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.

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

13.05 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.

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

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

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

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the Commonwealth of Pennsylvania, 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 14 – BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the 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 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 11.03 of the General Conditions.

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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.

14.03 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 11.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid 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 6 of the Bid Form.

15.02 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 and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. No mailed bids will be accepted for this project.

15.03 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 16 – MODIFICATION AND WITHDRAWAL OF BID

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

16.02 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.

16.03 If within 48 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.

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ARTICLE 17 – OPENING OF BIDS

17.01 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 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

19.01 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.

19.02 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid shall be awarded by the Owner to the lowest responsible bidder within sixty (60) days of the date of bid opening or all bids shall be rejected except as otherwise provided. If the award is delayed by a required approval of another government agency, the sale of bonds, the award of a grant or grants, the Owner shall reject all bids or award the Contract to the lowest responsible bidder within one-hundred twenty (120) days of the date of bid opening. Thirty (30) day extensions of the date for the award may be made by the mutual written consent of the Owner and the lowest responsible bidder.

19.03 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. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

19.04 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.

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19.05 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.

19.06 If the Contract is to be awarded, Owner will award the Contract to the responsible Bidder whose Bid is in the best interests of the project, conforming with all material terms and conditions of the Instructions to Bidders, is lowest price and other factors considered.

19.07 Bidders shall note that the Owner reserves the right to award the Contract(s) to the lowest responsible bidder respectively as follows: Base Bid only, Base Bid with Alternate Bid items as selected by Owner. The Owner reserves the right to delete portions of each Contract listed under the Base Bid Items or Alternate Bid Items for work under each Contract based upon budget constraints. Each Bidder shall bid accordingly.

19.08 The lowest responsible Bidder must comply with the Public Works Employment Verification Act by submitting a Public Works Employment Verification Form to the Authority prior to award of each Contract. The Form and relevant information can be found on the Department of General Services’ web site at www.dgs.state.pa.us. A copy of the Public Works Employment Verification Form has also been included in the Contract Documents.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 5 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 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner may be exempt from Pennsylvania state sales and use taxes on certain materials and equipment to be incorporated in the Work. Said taxes if exempt shall not be included in the Bid.

Refer to Paragraph SC-6.10 of the Supplementary Conditions for additional information.

A.

http://www.dgs.state.pa.us/

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ARTICLE 23 – RETAINAGE

23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24 – PERFORMANCE BOND, PAYMENT BOND, AGREEMENT, INSURANCE, SCHEDULE OF

VALUES AND PENNDOT HIGHWAY RESTORATION AND MAINTENANCE BOND

24.01 The Successful Bidder shall, within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” the Contract to such Bidder, furnish to the Owner an executed Performance Bond, in the form set forth in the Contract Documents, with corporate surety guaranteeing that the Work will be done according to the Contract Documents. The Performance Bond shall be in the amount of ONE-HUNDRED PERCENT (100%) of the Contract Price.

24.02 In addition to the Performance Bond the successful Bidder shall, within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” the Contract to such Bidder, furnish to the Owner an executed Payment Bond, in the form set forth in the Contract Documents, with corporate surety conditioned for the prompt payment for all material furnished and labor supplied or performed in the prosecution of the Work, whether or not the said material or labor entered into and became component parts of the Work or improvement contemplated by the Contract Documents. The Payment Bond shall be in the amount of the ONE-HUNDRED PERCENT (100%) of the Contract Price.

24.03 Bidders shall also note, the Successful Bidder within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” shall furnish to the Owner an executed Agreement, in the form set forth in the Contract Documents and the required Insurance Certificates as set forth in the Contract Documents naming all as required to be additional insured.

24.04 Corporate Surety of Sureties shall be approved Company or Companies authorized to do business in Pennsylvania as required by Public Works Contractor’s Bond Law of 1967, approved on December 20, 1967 (P.O. 191, et seq.).

24.05 In addition to the Bonds, Agreement, Public Works Employment Verification Form, PSAT/CDL Contractor’s Statement of Compliance and Insurance, the successful Bidder, if requested, shall furnish an electronic Schedule of Values to the Owner and Engineer.

24.06 If the project work is being performed under a…