Bath Borough Stormwater Authority

121 S. Walnut Street, Bath, PA 18014

Northampton County, Pennsylvania

SPECIFICATIONS FOR:

SPYGLASS HILL ROAD STORMWATER BASINS 1 & 2

RETROFIT AND BROAD STREET RAINGARDEN

CONTRACT No. 26-01

April 2026

Colliers Engineering & Design

1110 American Parkway

Building 10, Ste. F-200B

Allentown, PA 18109

Main: 877 627 3772

Colliersengineering.com

Prepared by:

Ronald B. Madison

Pennsylvania Professional Engineer

License No. 047925R

BBSA0002A

TABLE OF CONTENTS

BATH BOROUGH STORMWATER AUTHORITY

PRP: SPYGLASS HILL ROAD BASINS 1 & 2 RETROFIT AND BROAD STREET RAIN GARDEN

CONTRACT NO. 26-01

Table of Contents

Description Pages

Notice to Bidders

Instructions to Bidders ................................................................................................................................ 4-13

Bid Form

Bid Bond ...................................................................................................................................................... 15-16

Bidder’s Acknowledgement Form ............................................................................................................ 17-20

Bidder Qualification Statement ................................................................................................................ 21-25

Non-Collusion Affidavit .............................................................................................................................. 26-27

Agreement of Surety Company

Agreement ................................................................................................................................................... 29-36

Performance Bond ..................................................................................................................................... 37-40

Payment Bond ............................................................................................................................................ 41-44

Maintenance Bond ..................................................................................................................................... 45-46

Certificate of Insurance

Contractor’s Affidavit

Contractor’s Release of Liens.................................................................................................................... 49-50

Consent of Surety to Final Payment

General Conditions .................................................................................................................................. 52-128

Supplemental Conditions ...................................................................................................................... 129-142

APPENDICES

Appendix A – Prevailing Minimum Wage – Under Separate Cover

Appendix B – Technical Specifications – Under Separate Cover

Appendix C – Public Works Employment Verification Form - Under Separate Cover

NOTICE TO BIDDERS

Bath Borough Stormwater Authority (Owner) is requesting Bids for the construction of the following Project:

Pollution Reduction Plan: Spyglass Hill Road Stormwater Basins Retrofit & Broad Street Rain Garden

Contract No. 26-01

Sealed bids for the construction of the Project will be received online at PennBid™ -pennbid.bonfirehub.com until 12 Noon Friday, May 22, 2026, local time. At that time the Bids received will be opened and submitted pricing will be publicly available to view online. Bids must be submitted and received no later than the opening date and time specified above.

The Work will include but is not limited to, the following:

- E. Spyglass Hill Road Stormwater Basins 1 & 2 Retrofit o Existing tree/shrubbery and fencing removal, and protection of the existing easement and shed for basin two. Excavating 16 inches of soil from the basin bottoms, scarifying underlying Stratum B soils, and replacement of the excavated 16 inches of soil with engineered soil media.

Installation of new chain link fencing to surround the basin. Seeding and stabilization of the basins.

- Broad Street Rain Garden o Excavating 18 inches of soil, scarifying underlying Stratum B soils, and replacement of the excavated 18 inches of soil with engineered soil media. Construction of a berm with 20-foot spillway. Planting of native grasses (switchgrass) within the rain garden area. Seeding and stabilization of the disturbed area.

The Owner reserves the right to reject any and all bids for any reason, to eliminate any item or items from the contracts, and to waive any informality in the bids. No Bidder may withdraw their bid within sixty (60) days after the date set for the opening of the bids.

A mandatory Pre-Bid Meeting will be held on Tuesday, May 12, 2026, at 10:00 A.M. at the Bath Borough Municipal Building, located at 121 South Walnut Street, Bath, PA 18014. All interested parties are requested to attend.

The following professional consultant is responsible for the Project: Colliers Engineering & Design, Inc., 1110 American Parkway, Building 10, Suite F-200B, Allentown, PA 18109.

All Bid Documents and solicitation details are available online at PennBid™ - pennbid.bonfirehub.com. Click on “Solicitations” then “View” tabs. A hard copy of Bid Documents can be provided with advance notice and a charge for printing and shipping. Only bids submitted online at PennBid™ - pennbid.bonfirehub.com by the date and time above will be considered and opened.

All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer by clicking on the Questions tab within PennBid™. Interpretations or clarifications considered necessary by Engineer in response to such questions will be by Addenda and posted within the PennBid™ Documents. Notifications of Addenda will be emailed to all parties recorded by Engineer as having downloaded the Bidding Documents.

Questions received after the posted cut-off date of Thursday, May 14, 2026 at 5:00 P.M. may not be answered.

Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

EJCDC® C-111, Advertisement for Bids for Construction Contract. (Modified)

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

https://pennbid.bonfirehub.com/

EJCDC® C-200, Instructions to Bidders for Construction Contract. (Modified) Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Copies of Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Meeting

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

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

Article 21— Sales and Use Taxes

Article 22— Confidentiality of Documents

Article 23— Wage Rates

Article 24— Information Concerning Owner and Engineer

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 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. Bidder – The Individual or entity who submits a Bid directly to Owner.

B. Issuing Office—The office from which the Bidding Documents are to be issued, and where the bidding procedures are to be administered.

C. Successful Bidder – The lowest responsible Bidder submitting a responsive Bid to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

ARTICLE 2—COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents are available online at no cost at PennBid (www.PennBid.net).

2.02 Complete sets of Bidding Documents must 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 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers. Printed documents may not be re-sold under any circumstances.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder's qualifications to perform the Work, Bidder must submit with their Bid a completed Bidder Qualification Statement. In lieu of the Bidder Qualification Statement, Bidder may submit with their Bid, a completed Construction Contractor's Qualification Statement for Engineered Construction developed by The Associated General Contractors of America (AGC Document No. 220).

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.

ARTICLE 4—PRE-BID MEETING

4.01 A mandatory pre-bid meeting will be held at the time and location indicated in the Notice to Bidders. Representatives of Owner and Engineer will be present to discuss the Project.

4.02 Information presented at the pre-bid meeting does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-bid conference. Information presented and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 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 land, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions:

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

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. Copies of reports and drawings referenced above will be available for Bidders online on the PennBid™ website. 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: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions.

5.03 Site Visit and Testing by Bidders

A. Bidders are recommended to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. Bidders visiting the Site are required to arrange their own transportation to the Site.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, C. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site: Ronald B. Madison with Colliers Engineering & Design at ron.madison@collierseng.com. Bidder must conduct the required Site visit during normal working hours.

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

E. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general 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. Bidder is responsible for establishing access needed to reach specific selected test sites.

F. Bidder must 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.

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

5.04 Owner’s Safety Program

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

5.05 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 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner or Engineer on their own initiative may issue an Addenda to clarify, correct, supplement, or change the Bidding Documents. Any Addenda issued will be available to view online on the PennBid™ website.

7.02 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer by clicking on the Questions tab within PennBid. Interpretations or clarifications considered necessary by Engineer in response to such questions will be by Addenda and posted within the PennBid Documents. Notifications of Addenda will be emailed to all parties recorded by Engineer as having downloaded the Bidding Documents. Questions received after the posted cut-off date of Thursday, May 14, 2026, at 5:00 PM may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner. Bidder must meet the bid security requirements of Paragraph 6.01 of the General Conditions. The Bidder must submit a bid security in the amount of at least ten (10%) percent of the Bidder’s maximum Bid price in the form of a certified check. Such Bid bond will be issued in the form included in the Bidding Documents

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, 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 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, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will 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 7 days after the Effective Date of the

Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released after the Contract Award.

ARTICLE 9—CONTRACT TIMES

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

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, if 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 and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 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 registered Bidders. Bidders cannot rely upon approvals made in any other manner.

10.02 All prices that Bidder sets forth in its Bid will 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.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work with the qualifications statement or within 5 days of Owner’s request.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will 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 and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 12—PREPARATION OF BID

12.01 A separate document entitled Supplemental Instructions for Submitting Electronic Bids contains a full description of what documents are to be submitted electronically along with instructions on how to submit sealed bids.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the electronic Bid schedule including any incidental Bid items.

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 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. In case of discrepancy between the written amounts and figures, the written amounts shall govern.

13.02 Bid prices shall include all taxes of whatever nature applicable to the Work or Bidder’s performance thereof.

ARTICLE 14—SUBMITTAL OF BID

14.01 Bids are to be submitted electronically via the PennBid program.

14.02 Bids shall be submitted via PennBid no later than the date and time prescribed in the advertisement or invitation to bid. Bids received after the date and time prescribed for the opening of bids, or not submitted in the correct manner, will not be accepted.

14.03 The Bidder is solely responsible for submitting his Bid by the time indicated in the advertisement or invitation to bid.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 A Bid may be withdrawn any time prior to the bid closing date and time by clicking on the “Withdraw Bid” button within PennBid.

15.02 Bids may be withdrawn within two (2) business days after the opening of Bids only by the withdrawing Bidder's strict compliance with 73 P.S. §1602 and any subsequent amendments.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or notice to bid. 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.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 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. Thirty (30) day extensions of the date for the award may be made by the mutual consent of Owner and the lowest responsible and responsive Bidder.

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, non- responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder due to noncompliance with Bid Specifications and/or prior work history of the Bidder. The successful Bidder shall be required to enter into a written Contract in form to be approved by the Owner.

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

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

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

18.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. Any Bidders who have defaulted on a public Contract within five years of the date of the issuance of this Bid document may be eliminated from consideration within the sole discretion of the Owner.

18.06 If the Contract is to be awarded, Owner will award the Contract to the lowest responsible and responsive Bidder whose Bid is in the best interests of the Project.

18.07 In the event that, after bids are opened, there are two or more bidders who submit bids (by unit price or total bid price, as such low bid is to be determined under the bid specifications) which are identical, such that the Owner cannot determine the low bidder solely by evaluation of the bid price, then, in that event, Owner reserves the right to determine the low bidder by either of the following methods, in the sole discretion of Owner: 1.) Owner may elect to evaluate the qualifications of the bidders who submitted identical bids, in order to determine the best qualified bidder, taking into account the number, scope, and cost of projects performed by each bidder (as disclosed in the bid submissions) over the past three (3) calendar years, including any jobs previously performed for the Owner; or 2.) Owner may elect to draw lots among the bidders who submitted identical bids, with the manner of determination (coin-flip, drawing of names, etc.) to

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, be determined solely in the discretion of the Owner. In the event that Owner must resort to determining the low bidder under the terms of this paragraph, Owner shall notify the tie bidders of the nature of criteria to be used to determine the low bidder, and, in the event that Owner shall draw lots to determine the low bidder, the date, time and place where such drawing of lots shall occur.

18.08 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.09 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions and the Supplementary Conditions, sets forth Owner’s requirements as to performance bonds, payment bonds, other required bonds, and insurance.

When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will 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 must 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 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner is exempt by law from State of Pennsylvania sales and Use Tax Laws on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 22—CONFIDETIALITY OF DOCUMENTS

The Owner is subject to the Pennsylvania Freedom of Information Act (FOIA) also known as the Right to Know Law. Any information submitted to the Owner by the Bidder shall be considered non-confidential and available to the public, except as follows:

In the event a Bidder considers a specific portion of their Bid to be confidential and subject to an exception to disclosure under the FOIA, such portion must be clearly identified and marked “CONFIDENTIAL”. Do not mark an entire proposal confidential, as this is not in conformance with the FOIA. Only the specific portion or portions of the Bid that the Bidder considers to be confidential pursuant to the FOIA should be marked.

IF AN ENTIRE BID IS MARKED CONFIDENTIAL, THE OWNER WILL NOT TREAT ANY PORTION OF THE BID AS CONFIDENTIAL AND THE BID MAY BE REJECTED AS NON-CONFORMING. The Owner will honor notations of confidentiality in accordance with this paragraph and decline to release such information initially;

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, however, final determination of whether a particular portion of a Bid may in fact be withheld pursuant to the FOIA will be made by the Pennsylvania Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Bid that has been marked confidential, the Owner will ask the affected Bidder if the information may be released. If the release is agreed to, the Owner shall release the information.

If the release is denied, the matter shall be referred to the Pennsylvania Attorney General’s Office or a court of competent jurisdiction in accordance with the process set forth in the FOIA. The Bidder shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Pennsylvania Attorney General’s Office or a court of competent jurisdiction regarding its claim of confidentiality. The Owner will NOT submit arguments on behalf of the Bidder.

The Pennsylvania Attorney General’s Office or a court of competent jurisdiction shall rule on the matter.

In the event that it is determined by opinion of the Pennsylvania Attorney General or court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requestor. If it is determined that the information may be withheld, Owner will withhold the information from the requestor.

ARTICLE 23—WAGE RATES

23.01 The Pennsylvania Prevailing Wage Act applies to this Contract and the successful Bidder shall pay no less than the Wage Rates determined for the project as set forth in the Bidding Documents.

ARTICLE 24—INFORMATION CONCERNING OWNER AND ENGINEER

29.01 Owner:

Bath Borough Stormwater Authority 121 S Walnut Street Bath, PA 18014 Telephone: (610) 837-6525 Attention: Braford Flynn, BBSA Manager

29.02 Engineer:

Colliers Engineering & Design, Inc.

1100 American Parkway, Building 10, Suite F-200B Allentown, PA 18109 Telephone: (610) 868-4201 Attention: Ronald B. Madison, PE

PRP: SPYGLASS HILL ROAD BASINS RETROFIT & BROAD STREET RAIN GARDEN

ITEM NO. PRODUCTS/SERVICES UNIT QUANTITY UNIT PRICE TOTAL PRICE

Section A. Spyglass Hill Road Basin #1 Retrofit

1. Mobilization/Demobilization LS 1

2. Rock Construction Entrance – E & S

Controls

LS 1

3. Temp Orange Construction Fencing LF 980

4. Tree Removal & Clearing LS 1

5. Chain Link Fence Removal LF 950

6. Basin 1 Excavation – 16 Inch Min. CY 650

7. Engineered Soil Media Installation CY 350

8. Outlet Structure Modification LS 1

9. Forebays (Stone) CY 330

10. 6’ Chain Link Fence Installation LF 950

11. 6’ Chain Link Double Swing Gate EA 1

12. Infiltration Basin Seed (ERNMX-127 or approved equal)

SY 930

13. Post-Construction Site Repairs LS 1 Spyglass Hill Road Basin #1 Subtotal (Items 1 - 13)

Section B. Spyglass Hill Road Basin #2 Retrofit

1. Mobilization/Demobilization LS 1

2. Ground Protection Matting (Alturna or

Approved Equal)

LS 1

3. Rock Construction Entrance – E & S Controls

LS 1

4. Temp Orange Construction Fencing LF 1,160

5. Tree Removal & Clearing LS 1

6. Easement – Large Tree and Stump

Removal

LS 1

7. Relocation of Private Shed LS 1

8. Chain Link Fence Removal LF 680

9. Basin 2 Excavation – 16 Inch Min CY 250

10. Engineered Soil Media Installation CY 250

11. Outlet Structure Modification LS 1

12. Forebays (Stone) CY 250

13. 6’ Chain Link Fence Installation LF 680

14. 6’ Chain Link Double Swing Gate EA 1

15. Infiltration Basin Seed (ERNMX-127 or approved equal)

SY 730

16. Post-Construction Site Repairs LS 1 Spyglass Hill Road Basin #2 Subtotal (Items 1 - 16)

Section C. Broad Street Rain Garden

1. Mobilization/Demobilization LS 1

2. Rock Construction Entrance – E & S

Controls

CY 21

3. Orange Construction Fencing LF 480

4. Rain Garden Excavation – 18 Inch Min CY 470

5. Engineered Soil Media Installation CY 380

6. Forebays (Stone) CY 180

7. Infiltration Basin Seed (ERNMX-127 or approved equal)

SY 900

8. Post-Construction Site Repairs EA 1 Spyglass Hill Road Basin #2 Subtotal (Items 1 - 8)

Total Combined Subtotals A+B+C = Grand Total

EJCDC® C-430, Bid Bond (Penal Sum Form). (Modified) Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, BID BOND (PENAL SUM FORM)

Bidder

Name:

Address (principal place of business):

Surety

Name:

Address (principal place of business):

Owner

Name: Bath Borough Stormwater Authority

Address (principal place of business):

121 South Walnut Street Bath, PA 18014

Bid

Project:

Bath Borough Stormwater Authority Pollution Reduction Plan: Spyglass Hill Road Stormwater Basins 1 & 2 Retrofit & Broad Street Rain Garden

Bid Due Date: Friday, May 22, 2026

Bond

Penal Sum:

Date of Bond:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder)

By:

(Signature)

Name:

(Printed or typed)

Title:

Attest:

(Signature)

Name:

(Printed or typed)

Title:

(Full formal name of Surety) (corporate seal)

By:

(Signature) (Attach Power of Attorney)

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form). (Modified) Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

BIDDER’S ACKNOWLEDGEMENT FORM

PROJECT IDENTIFICATION: PRP: Spyglass Hill Road Basins 1 &2, and Broad Street Rain Garden

CONTRACT IDENTIFICATION AND NUMBER: Contract No. 26-01

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and

Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

3.01 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 Documents, and the following Addenda, receipt of all of 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 tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions.

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.

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 performance of the Work for which this Bid is submitted.

4.01 Bidder further represents that this Bid is genuine and not made 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.

5.01 Bidder is aware that the Total Bid Price is to include rock removal required to accomplish construction of the proposed Work.

6.01 Bidder will complete the Work in accordance with the Contract Documents for the submitted bid amount.

Unit Prices have been computed in accordance with paragraph 11.03.B of the General

Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents.

7.01 Bidder agrees that the Work will be substantially complete and completed and ready for final payment in accordance with the Contract Documents.

7.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement.

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

A. Required Bid security;

B. Required Agreement of Surety;

C. Required Bidder's Qualification Form with supporting data;

D. Required Non-Collusion Affidavit;

E. Required Agreement of Surety;

F. Public Works Employment Verification Form;

9.01 Communications concerning this Bid shall be addressed to the following

Iindividuals: Ronald B. Madison, P.E., Colliers Engineering & Design

If the address, telephone number, and fax number of the above individual is different than noted at the end of the Bid Form, note the address, telephone number, and fax number of the above individual:

Business Address:

Telephone No.: ( )

Fax No. ( )

Email:

10.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

SUBMITTED on , 20 .

Name of Bidder:

� Corporation State of Incorporation:

Date of Qualification To do Business:

� Partnership General Partner:

� Individual Doing Business as:

Business Address:

Telephone No.:( )

Fax No.: ( )

Name of Person authorized to sign (typed or printed):

Title of Person authorized to sign (typed or printed):

SEAL Affix Corporate Seal If Corporation

(Authorized Signature)

Attested by Corporate Secretary or An Assistant Secretary if Corporation

END OF DOCUMENT

BIDDER QUALIFICATION STATEMENT

1. INTRODUCTION

1.1 This document must be included as part of the Bid submission. Failure to submit a fully completed and executed Bidder Qualification Statement may be considered justification for rejection of the bid.

1.2 This Bidder Qualification Statement is submitted with respect to the following project:

Contract No. 26-01: Spyglass Hill Road Stormwater Basins 1 & 2 Retrofit and Broad Street Rain Garden

2. GENERAL INFORMATION

2.1 Name of Bidder:

2.2 Address of Bidder:

2.3 Telephone No. of Bidder:

3. ORGANIZATIONAL BACKGROUND

3.1 Type of Organization:

Corporation Individual

Partnership Joint Venture

Other:

3.2 How long has your organization been in business?

a. As a Contractor? Years

b. As a Contractor engaged in construction work of the type proposed under this Contract: Years

c. Under your current business name? Years

3.3 If the bidder is a corporation, complete this section:

a. Date & State of Incorporation:

b. Names & Titles of Officers:

3.4 If the Bidder is other than a corporation, describe the structure of your organization including date of initiation as a business and list the principals involved:

3.5 What portions of the work (i.e. trades work items, etc.) included in the proposed contract will be performed by subcontractors?

4. WORK HISTORY

4.1 Attach or list the following information on similar projects which your organization has completed in the past five (5) years. Name and type of project, owner, engineer, contract amount, date of completion.

4.2 Attach or list the following information on similar project which your organization now has in…