2-General Instructions - Supplee Farm.pdf

LANCASTER COUNTY CONSERVATION DISTRICT

SUPPLEE FARM RESTORATION

GENERAL INSTRUCTIONS & CONDITIONS FOR PROJECT BIDDERS

I. Project Information The project will be funded by a Section 319 Nonpoint Source Pollution Grant and provided by the Lancaster County Conservation District (LCCD). The 319 funding is part of a national program managed in Pennsylvania by the Pennsylvania Department of Environmental Protection (DEP) for the implementation of Best Management Practices that restore watersheds with DEP and Environmental Protection Agency-approved Watershed Implementation Plans. The project is located at 2136 Robert Fulton Hwy, Peach Bottom, PA 17563 and is owned by Mr. Daryl Supplee. The goal of this project is to restore approximately 3,5000 linear ft. of degraded stream by reducing sediment pollution and supporting the natural in-stream processes/biology.

II. All work is bid as LUMP SUM items.

A. The contractor shall provide all equipment, labor, materials, and supplies necessary to complete the work. The Project Design and Technical Specifications are intended to cover one contract. The contractor shall, at all times and in all respects, be the party primarily responsible for the performance of work under the contract or any work thereunder.

B. All work will be covered under a permit obtained by LCCD, permit # EA3603225-003, GP063603225-008, GP083603225-005, approved by Pennsylvania DEP on 9/29/2025, and NAB-2025-00370-P12, approved as a PASPGP-6, by the Army Corps of Engineers on 8/1/2025 on behalf of the property owner – Daryl Supplee. The contractor must follow all permit guidelines and contact the Lancaster County Conservation District prior to making any permit changes. The contractor is also required to follow the Erosion & Sedimentation Control Plan, which was deemed adequate by the Chester County Conservation District on 5/15/2025, including any additional measures which may be required to minimize sedimentation.

A. Materials shall be approved by the inspector prior to use.

B. The contractor shall be responsible for locating and protecting all utilities.

C. LCCD is acting as the Project Sponsor. Grace Chamberlain is the Contracting Officer and

Project Manager for LCCD. Her contact information is GraceChamberlain@lancasterconservation.org. Please note – all questions must be submitted via the “Ask a Question” feature through PennBid at https://pennbid.bonfirehub.com .

D. Any bidder may withdraw a proposal at any time prior to the scheduled due date and time for receipt of proposals. A Bid may be withdrawn or modified at any time within PennBid prior to the due date and time identified in the Invitation for Bids.

mailto:GraceChamberlain@lancasterconservation.org https://pennbid.bonfirehub.com/

III. The bid will be awarded as a Competitive Proposal, according to 2 CFR 200.320(b). Bids will open on January 5th, 2026 12:00 AM EST. Proposal Documents can be obtained at no cost on PennBid at https://pennbid.bonfirehub.com/ . The project proposals are due by February 7th, 2026 at 12:00 AM EST. Award of a contract shall be made one month (March 10th, 2026 at 10 am EST through Teams - Join the meeting now) after the bid opening date (February 9th, 2026 at 10am EST through Teams - Join the meeting now), following the evaluation process. The evaluation criteria and independent evaluation committee are included as an addendum. In the event no satisfactory bids are received, all bidders shall be notified within a month of the bid opening date.

IV. The contractor to whom award is made shall provide the following information to the contracting representative prior to starting construction.

A. Standard Acord Certificate(s) of Insurance (Contractual Liability Type) ($1,000,000)

1. Worker’s Compensation Insurance

2. Public Liability and Property Damage Insurance

3. Automobile Bodily Injury and Property Damage Insurance

The following apply to bids in excess of $250,000.

B. A bid guarantee in the amount of 5% of the bid price is required with the submittal bid C. A Performance Bond (100% of the contract amount provided prior to award) D. A Payment Bond (100% of the contract amount provided prior to award)

V. Prevailing Wage

This project will be over $25,000 and will require prevailing wages. Wage Determination from PA Department of Labor & Industry. Bidders should determine the specific wage categories appropriate for the project (i.e. Operators, Truck drivers, Laborers, etc.).

VI. Overview of Structures Installation of all practices and structures identified in project design documents, including but not limited to installation of toe log, root wads, single log vanes (rock vanes can be swapped after LCCD approval), rock cross vanes (log cross vanes can be swapped after LCCD approval), root wads, mudsills, brush mattresses, random boulder clusters, riffles, rock toe, bankfull benches, and stream bank regrading (to 3:1 ratio), and vernal pools, will all be applied to reduce massive bank erosion and provide in-stream habitat. Structures will be blended so there are no sharp gaps in the restoration project. In addition, a riparian buffer will be established by the Chesapeake Bay Foundation and is NOT a part of the bid or construction. Vegetation stabilization using specified seed mixes on all disturbed areas is the sole responsibility of the contractor including final project grading, as well as all other aspects as outlined in these Contract Documents and Drawings.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzdiNTJiNzAtYmFkNy00MWJjLWI1ZGEtMjMxNWQxZWMxOGIx%40thread.v2/0?context=%7b%22Tid%22%3a%22c4e06659-56fd-4ad5-a9a6-67a9d91297aa%22%2c%22Oid%22%3a%2221177698-3cf5-4a91-a2cf-6fa35e0400e3%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDU0M2JjMzYtZDI0Ni00ZTYwLWI1YWUtNDA0MDgxYTYyZDgw%40thread.v2/0?context=%7b%22Tid%22%3a%22c4e06659-56fd-4ad5-a9a6-67a9d91297aa%22%2c%22Oid%22%3a%2221177698-3cf5-4a91-a2cf-6fa35e0400e3%22%7d

VII. Reimbursement Upon acceptance of the work at the final inspection using an as-built diagram, and verification of all legal requirements, the contractor shall submit an itemized invoice for the entire amount due to LCCD. It is anticipated that payments shall be made to the contractor within 90 days of receipt of invoice, depending on timely reimbursement from the DEP. LCCD will provide quality assurance and verify that work meets the specification and BMP site map requirements.

Funding and/or buyer organization will make the final determination that work is accepted.

VIII. BABA

The Contractor must acknowledge that it understands the goods and services under this project are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States.

IX. Mandatory Site Showing

Bidders shall attend the mandatory site showing on January 20th at 1pm at the project location being bid to become fully informed as to all existing conditions and limitations, including access and availability of materials. The site location is 2136 Robert Fulton Hwy, Peach Bottom, PA 17563.

X. Working Schedule

The work must be completed by Feb 15, 2027 and shown on the bid schedule. The start of performance time will begin on the day identified as notice to proceed. The Contractor shall coordinate the work schedules with the Contracting Officer’s Representative before the Contractor begins work on this Contract. No work requiring the presence of the Contracting Officer’s Representative shall be done at night, on weekends, or on Federal holidays, except in case of emergency and/or with written permission of the Contracting Officer’s Representative. Written permission shall be sought at least two days in advance of the desired workday(s).

XI. Addendum & Questions Any interpretation or correction of the bid documents will be made by the Contracting Officer by Addendum. A copy of any Addendum will be issued via a Public Notice and posted on PennBid at https://pennbid.bonfirehub.com.

Questions will be accepted until 12:00 AM EST on January 29th, 2026 (1 week before bid close). Questions must be submitted through PennBid and will not be accepted in any other manner.

XII. Contracting Officer:

A. May, during the bidding period, issue Addenda to advise bidders of additions, omissions, alterations or clarifications of the drawings or specifications for this project.

B. Reserves the right to reject the bid of any Bidder who fails to furnish promptly and properly all the required information, when notified to do so.

C. Reserves the right to reject any and all bids that are determined to be incomplete, or from bidders who did not attend the mandatory site view.

D. Reserves the right to reject any and all bidders who are listed on DEP’s or any Federal or State debarred contractors list for violations to contracts and any Local, State, or Federal laws and regulations.

E. Reserves the right to postpone the start of construction due to unfavorable weather conditions or other issues related to site access.

F. Reserves the right to cancel the project at any time during the bidding and contracting process for reasons that may arise that are outside of the Project Sponsor’s control.

G. Reserves the right to reject any and all bids that exceed the grant funding available for the project.

XIII. Laws, Permits, and Regulations A. The contractor is presently in compliance and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies, including those related to nondiscrimination and sexual harassment for the term of the contract.

B. The Contractor shall anticipate complying with the requirements of all laws, regulations, ordinances, and requirements applicable to work under this Contract. This will include adherence to any actions prescribed by inspectors enforcing Federal, State, County, or local regulations, laws, or permits. The costs for these actions shall be included in the Bid.

C. The Contractor shall be responsible for making sure contact is made with PA One-call regarding the project activities at least 3 days prior to commencing work.

XIV. Warranty

A. Contractor unconditionally warrants that all material supplied by Contractor will be new and of good quality (unless any used materials are specified in the Project Design and Technical Specifications), and that all work performed by Contractor will be performed in a substantial and workmanlike manner. Contractor shall not substitute materials called for by the Project Design and Technical Specifications without the written approval of the Contracting Officer or Contracting Officer’s Representative.

Contractor unconditionally guarantees it will, at its own expense, at the request of Contracting Officer or Contracting Officer’s Representative, promptly replace or repair any work, equipment, or materials that fail to function properly for a period of no less than twelve months following the final inspection and completion of the as-built plans for the project. Contractor will also repair any surrounding parts of the structure (and/or personal property) that are damaged due to any failure in Contractor’s work for the period of twelve months following the final inspection and completion of the as-built plans for the project. This express warranty is in addition to any implied warranties under state or federal laws. Contractor provides no warranty on any materials supplied by the Project Sponsor.

XV. Abandonment or Default by Contractor

A. If the contractor fails to begin work under the contract within the prescribed time, or if the work to be done under the contract is abandoned by the contractor, or if the performance of the contract is unnecessarily, unreasonably, or negligently delayed by the contractor, or, if the contractor is violating any of the conditions or covenants of the contract or the specifications; or is not executing the same in good faith, or in accordance with the terms thereof; or, if the work cannot be completed within the time named in the contract, including labor strike or work stoppage, or if the contractor shall become insolvent or file for bankruptcy, or commit any act of bankruptcy or insolvency, the Contracting Officer may give notice in writing to the contractor and its surety of such delay, neglect or default, specifying the same; and, if the contractor shall not proceed to cure such defect within a period of five (5) days after such notice, then the Contracting Officer shall have full power and authority to:

i. Declare the contractor to be in default, and the Contracting Officer may thereupon notify the contractor, by written notice, to discontinue all work or any part thereof under the contract and thereupon the contractor shall discontinue the work or such part thereof, and the Contracting Officer shall thereupon have the right in its sole discretion, to do one or more of the following:

1. require the contractor, for its account and at its risk or otherwise as the Contracting Officer may determine, to award an emergency contract to another collector, to contract for the completion of the work or such part thereof;

2. to place such and so many persons as it may deem advisable, by contract or otherwise, to work and complete the work herein described or such part thereof, and to procure materials, plant, tools, appliances, equipment, supplies and property to perform the work or such part thereof or from time to time during the course of the completion of the work or such part thereof, as the Project Sponsor may require;

3. require the contractor forthwith to pay to the Project Sponsor with interest, for benefit of the owners of properties receiving service, the excess, if any, of the cost of the completion of the work or such part thereof.

The completion of the work or such part thereof by a substitute contractor shall not release or discharge the contractor from liability with respect to the remainder of the work or any other obligations or liability hereunder;

or

4. Declare the contract terminated except as to the liability of the contractor hereinafter in this paragraph provided for, and the Contracting Officer shall thereupon have the right to award an emergency contract to another collector, to contract for the completion of the work.

B. In case the expenses of the substitute contract shall exceed the amount which would have been payable to the contractor for the same work and materials under contract if the contract had been completed by the contractor, the contractor shall, upon completion of the work or from time to time during the course of the completion of the work as the Contracting Officer may require, pay the amount of such excess, with interest, to the Project Sponsor.

C. The Contracting Officer may also proceed as it shall deem proper upon the bonds or other security in its possession; and the Contracting Officer may also bring any suit or proceedings for specific performance or for injunction or to recover damages or to obtain any other relief or for any other purpose proper under the contract.

D. The contractor shall also be liable for any and all costs or attorney or other professional fees incurred by the Project Sponsor as a result of the abandonment or default of the contract by contractor.

XVI. Additional Work

Changes in the Drawings or Specifications may be made by the Contracting Officer after construction is in progress, if necessary. When necessary changes involve work for which no quantity and price have been included in the Bid Form, such work shall be done at a price that shall first be agreed to, in writing, by the Contractor and the Contracting Officer by written change order.

XVII. Indemnification The Contractor shall indemnify and hold harmless the landowner Daryl Supplee, the Pennsylvania Department of Environmental Protection, Lancaster County Conservation District, and all other of their representatives against any and all claims for damages to persons or property asserted by any person, partnership, corporation, or other organization, arising out of services performed or undertaken by said Contractor, its agents, employees, or subcontractors, except for claims for damages directly caused by the sole fault or negligence of the parties hereto, their officers, or employees.

XVIII. Nondiscrimination/Sexual Harassment Clause – REQUIRED ADDITION FOR 319 GRANT

A. Representations. The Grantee represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the agreement.

The Grantee shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

B. The contractor shall not:

i. In any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontractor, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (“PHRA”) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

ii. In any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees

iii. In any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this agreement or any subgrant agreement, contract, or subcontract

iv. In any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor, or supplier who is qualified to perform the work to which this agreement relates

v. In any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employees Relations Act, Pennsylvania Labor Relations act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Act’s enforcement and shall comply with any provision of law establishing organizations as employee’s exclusive representatives.

C. Establishment of Grantee Policy. The Grantee shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined.

For the entire period of this agreement, the Grantee shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near where the grant activities are performed;

or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

D. Notification of Violations. The Grantee’s obligrations pursuant to these provisions are ongoing from the effective date and through the Expiration Date of the agreement.

Accordingly, the Grantee shall notify the Commonwealth if, at any time during the term of this agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

E. Cancellation or Termination of Agreement. The Commonwealth may cancel or terminate this agreement and all money due or to become due under this agreement may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee in the Contractor Responsibility File.

F. Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these Nondiscrimination/Sexual Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement. The incorporation of these provisions in the Grantor subgrants, contracts, or subcontracts does not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by those provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor’s violation of these provisions, the Grantee shall use its best efforts to ensure the subgrantee’s, contractor’s, or subcontractor’s compliance with these provisions.

XIX. GRANTEE INTEGRITY – REQUIRED ADDITION FOR 319 GRANT

A. Definitions. For purposes of these Grantee Integrity Provisions, the following definitions apply:

i. “Affiliate means two ore more entities where (a) a parent entity owns more than 50% of the voting stock of each of the entities; (b) a common shareholder or group of shareholders owns more than 50% of the voting stock of each of the entities; or (c) the entities have a common proprietor or general partner.

ii. “Grantee” means the individual or entity, that has entered into this agreement with the Commonwealth

iii. “Grantee Related Panties” means any Affiliates of the Grantee and the Grantee’s executive officers, Pennsylvania officers and directors, or owners of fiver percent or more interest in the Grantee

iv. “Financial Interest" means ownership of more than a five percent interest in any business or holding a position as an officer, director, trustee, partner, employee, or holding any position of management.

v. “Gratuity” means tendering, giving, or providing anything of more than nominal monetary value including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth in -18, as may be amended, 4 Pa. Code §7.153(b), apply.

vi. “Non-Solicitation Award Process” means a method of awarding grants based on predetermined criteria, without the solicitation of gran applications

B. Representations and Warranties.

i. Grantee Representation and Warranties. The Grantee represents, to the best of its knowledge and belief, and warrants that within the last five years neither the Grantee nor Grantee Related Parties have:

1. been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;

2. been suspended, debarred, or otherwise disqualified from entering into any contract with any governmental agency;

3. had any business license or professional license suspended or revoked;

4. had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and

5. been, and are not currently, the subject of a criminal investigation by any federal, state, or local prosecuting or investigative agency or civil anti-trust investigation by any federal, state, or local prosecuting or investigative agency.

ii. Contractor Explanation. If the Grantee cannot make the representations and warranties set forth above at the time of its submission of its grant application or if the agreement is awarded pursuant to a Non-Solicitation Award Process at the time of the execution of the agreement, the Grantee shall submit a written explanation outlining the reasons why it cannot make those representations and warranties. The Commonwealth may, based on its evaluation of the explanation provided, determine whether it is in the Commonwealth’s best interest to execute the agreement

iii. Further Representations. By submitting any bills, invoices, or requests for payment pursuant to the agreement, the Grantee further represents that it has not violated any of these Grantee Integrity Provisions during the term of the agreement.

iv. Notice. The Grantee shall immediately notify the Commonwealth, in writing, if at any time during the term of the agreement it becomes aware of any event that would cause the Contractor's certification or explanation to change. The Grantee acknowledges that the Commonwealth may, in its sole discretion, terminate the agreement for cause if it learns that any of the certifications made in these Grantee Integrity Provisions are currently false or misleading due to intervening factual circumstances or were false or misleading or should have been known to be false or misleading when entering into the agreement.

C. Contractor Responsibilities. During the term of this agreement, the Grantee shall:

i. maintain the highest standards of honesty and integrity.

ii. take no action in violation of any applicable laws, regulations, or other requirements applicable to the Grantee that govern Commonwealth contracting or grant administration.

iii. establish and implement a written business integrity policy that includes, at a minimum, the requirements of these Grantee Integrity Provisions as they relate to the Grantee’s activity with the Commonwealth and Commonwealth employees and ensure that its employees comply with the policy.

iv. not accept, agree to give, offer, confer, agree to confer, or promise to confer, directly or indirectly, any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person in violation of any federal or state law, regulation, executive order, statement of policy, management directive, or bulletin applicable to the award of grants or the administration of this agreement.

v. not have a financial interest in any other subgrantee, contractor, subcontractor, or supplier providing services, labor, or material under this agreement, unless the financial interest is disclosed to the Commonwealth in writing and the Commonwealth consents to Grantee’s financial interest. The Grantee must disclose the financial interest to the Commonwealth at the time of submission of its grant application, or if a Non-Solicitation Award Process is used, no later than the date the Grantee signs the agreement. The Commonwealth shall be deemed to have consented if the required disclosure is received and all of the required Commonwealth signatures are affixed.

vi. comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S.§13A01 et seq.) regardless of the method of award.

vii. comply with the requirements of Section 1641 of the Pennsylvania Election Code (25 P.S. § 3260a) if this agreement was awarded pursuant to a Non-Solicitation Award Process.

viii. immediately notify the Commonwealth or the Office of the State Inspector General, in writing, when the Grantee has reason to believe that any breach of ethical standards as set forth in law, the Governor’s Code of Conduct, or these Grantee Integrity Provisions has occurred or may occur, including, but not limited to, contact by a Commonwealth officer or employee, which, if acted upon, would violate the ethical standards.

ix. Investigations. If a State Inspector General investigation is initiated, the Grantee shall:

1. reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of the State Inspector General for investigations of the Grantee’s compliance with the terms of this or any other agreement between the Grantee and the Commonwealth that results in the suspension or debarment of the Grantee. The Grantee shall not be responsible for investigative costs for investigations that do not result in the Grantee suspension or debarment.

2. cooperate with the Office of the State Inspector General in its investigation of any alleged Commonwealth agency or employee breach of ethical standards and any alleged Grantee non-compliance with these Grantee Integrity Provisions and make identified Grantee employees and volunteers available for interviews at reasonable times and places.

3. upon the inquiry or request of an Inspector General, provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Office of the State Inspector General to Grantee's integrity and compliance with these provisions. This information may include, but is not limited to, the Grantee's business or financial records, documents or files of any type or form that refer to or concern this agreement.

x. Termination. For violation of any of these Grantee Integrity Provisions, the Commonwealth may terminate this agreement and any other contract with the Grantee, claim liquidated damages in an amount equal to the value of anything received in breach of these Grantee Integrity provisions, claim damages for all additional costs and expenses incurred in obtaining another grantee to complete performance under this agreement, and debar and suspend the Grantee from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one does not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

xi. Subcontracts. The Grantee shall include these Grantee Integrity Provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement. The incorporation of this provision in the Grantee subgrant agreements, contracts, and subcontracts shall not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by the inclusion of these provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor’s violation of these provisions, the Grantee shall use its best efforts to ensure their compliance with these provisions.