2-HTMA Commerce St Interceptor Replacement Project Bid Spec Manual.pdf

PROJECT MANUAL

FOR

COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT

FOR

HAMILTON TOWNSHIP MUNICIPAL AUTHORITY

FRANKLIN COUNTY, PENNSYLVANIA

Engineering Project Number: 12653834

NOVEMBER 2025

GHD

225 GRANDVIEW AVENUE, SUITE 403

CAMP HILL, PA 17011

(717) 541-0622

Copyright ©2025 by GHD All rights reserved

PROJECT MANUAL

FOR

COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT

FOR

HAMILTON TOWNSHIP MUNICIPAL AUTHORITY

FRANKLIN COUNTY, PENNSYLVANIA

Engineering Project Numbers: 12653834

NOVEMBER 2025

GHD

225 GRANDVIEW AVENUE, SUITE 403

CAMP HILL, PA 17011

(717) 541-0622

Copyright ©2025 by GHD All rights reserved

COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT

12653834 TOC-1 TABLE OF CONTENTS

PROJECT MANUAL

TABLE OF CONTENTS

Document C-111 Advertisement

BIDDING REQUIREMENTS

Document C-200 Instructions to Bidders Document C-410 Bid Form Document C-435 Bid Bond Document C-451 Statement of Bidders' Qualifications Document C-452 Non-Collusion Affidavit Document C-453 Affidavit of Compliance with Pennsylvania Steel Procurement Act Document C-454 Public Works Verification Form

CONTRACT DOCUMENTS

Document C-520 Agreement between Owner and Contactor for Construction Contract (Stipulated Price)

Document C-610 Performance Bond Document C-615 Payment Bond Document C-700 Standard General Conditions of the Construction Contract Document C-800 Supplementary Conditions:

Article 1 Modifications to General Conditions Article 2 Davis-Bacon Wage Rate Compliance Article 3 Regulations of the Pennsylvania Human Relations Commission Article 4 Compliance with Steel Products Procurement Act Article 5 Permits Article 6 Pennsylvania Department of Environmental Protection Clean Fill

Information Article 7 Public Works Employment Verification Act Article 8 Right to Know Requirements Article 9 Asbestos Program for Contractors Working in PA and Asbestos

Abatement and Demolition/Renovation Notification Form Article 10 Compliance with American Iron and Steel & Build America, Buy

America Acts

TECHNICAL SPECIFICATIONS

DIVISION 1 GENERAL REQUIREMENTS

Section 01010 Summary of Work Section 01027 Application for Payment Section 01035 Modification Procedures Section 01040 Project Coordination Section 01050 Field Engineering Section 01095 Reference Standards and Definitions Section 01200 Project Meetings

12653834 TOC-2 TABLE OF CONTENTS

Section 01300 Submittals Section 01381 Color Audio Video Documentation Section 01400 Quality Control Section 01516 Temporary Sanitary Facilities Section 01560 Temporary Controls Section 01600 Materials and Equipment Section 01631 Product Substitutions Section 01700 Project Closeout Section 01740 Warranties and Bonds

DIVISION 2 SITE WORK

Section 02110 Site Clearing Section 02211 Rock Removal Section 02221 Trenching Section 02500 Paving and Surfacing Section 02605 Manholes Section 02700 Piped Utilities – Sanitary Sewers Section 02715 Sanitary Sewer Flow Control Section 02764 Manhole Cured-In-Place Lining

DIVISION 3 CONCRETE

Section 03410 Plant-Precast Structural Concrete

HAMILTON TOWNSHIP MUNICIPAL AUTHORITY

FRANKLIN COUNTY, PA

COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT

ADVERTISEMENT FOR BIDS

Sealed Bids for the construction of the Commerce Street Interceptor Replacement Project will be received, by Hamilton Township Municipal Authority, Franklin County, online via PennBid, until 2:00 PM, local time on December 11, 2025, at which time the Bids received will be opened. Bids will be opened virtually, and the results posted via the PennBid platform.

A voluntary, virtual pre-bid meeting will be held on November 25, 2025, at 10:00 AM through Microsoft Teams. A link to join the Teams meeting will be included on PennBid.

The Work includes all materials, labor, and equipment necessary to furnish and install approximately 100 lineal feet of 18-inch diameter and 3,200 lineal feet of 21-inch diameter PVC gravity sewer, installation/ replacement of 16 manholes, installation/replacement of a precast meter chamber, replacement and/or reconnection of associated sewer laterals, and other miscellaneous work shown on the Drawings and as specified.

All documents and solicitation details are available at no cost at PennBid. To access this solicitation, go to https://pennbid.bonfirehub.com/portal/?tab=openOpportunities. Search for “Hamilton Township Municipal Authority, Franklin County”. The “title” of the project is “Commerce Street Interceptor Replacement Project”.

Notice is given that the Project is being funded in part with a loan through the Pennsylvania Infrastructure Investment Authority (PENNVEST) and is subject to applicable provisions of the Federal Davis-Bacon and Related Acts (DBRA), as amended and supplemented. The Davis-Bacon Wage rates and the U.S.

Department of Labor payroll form are attached to the Bidding Documents.

Bid security shall be furnished in accordance with the Instructions to Bidders.

Successful bidder will be required to furnish and pay for satisfactory Performance and Payment Bonds in an amount equal to one hundred percent (100%) of the contract price within fifteen (15) days of receiving a Notice of Award letter.

Bidders can utilize the PennBid Program without any initial or recurring costs. A fee 0.33% of the total work awarded, capped at $6,000, is assessed only to the bidder who is awarded the project.

Owner: Hamilton Township Municipal Authority, Franklin County

By: Sharon Purnell

Title: Authority Manager https://pennbid.bonfirehub.com/portal/?tab=openOpportunities

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

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653438

DOCUMENT C-200

INSTRUCTIONS TO BIDDERS

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 and where the bidding procedures are to be administered.

B. PennBid™ – A web-based electronic procurement program (https://pennbid.bonfirehub.com).

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the bidding documents may be obtained online at no fee from PennBid™. No paper copies will be available through Owner or Engineer.

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, Engineer, and PennBid™ in providing 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 or grant for any other use.

2.04 All Contractors who submit a bid for this project must obtain the contract documents online from PennBid™. A Contractor is automatically added to the list of bidders after they download any document from PennBid™.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

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

A. Document C-451 (financial statement will only be requested from three low bidders after bids are received)

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

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

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

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.

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653438

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

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

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

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

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

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. None

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). Preliminary/Final Subdivision & Land Development Plan – Green Waste Facility Drawing Set (will be included under Supplementary Non-Contract Documents on PennBid)

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. None

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.

a. 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

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653438

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

b. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder may conduct a Site visit at any time. Bidders interested in accessing the existing meter chamber must do so by appointment with the Owner.

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

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

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

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

4.04 Owner’s Safety Program

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

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653438

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;

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 will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653438

exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A voluntary, virtual pre-Bid conference will be held on November 25, 2025 at 10:00 AM as noted on PennBid. A link to the Microsoft Teams meeting will be included on the PennBid site.

Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to the Engineer through PennBid™ by clicking on the “Clarifications” tab. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda and posted on PennBid™ and emailed to all registered bidders. Questions received less than ten 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 All questions that have been asked and answered through PennBid™ are available on the “Clarifications” tab. The identity of the Bidder asking the question is not disclosed to other Bidders.

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

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. Bidders must attach an electronic copy of their Bid security to their online Bid by clicking on the “Bid” tab, clicking on the “browse” button, and then clicking on the bond file. The bond will be attached to the Bid submission when the “Submit Bid” button is clicked. The lowest bidder will have three (3) business days from the receipt of notice by the Owner to produce the original Bid bond to the Owner.

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 fifteen (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 the Contract or sixty-one (61) days after the Bid opening, whereupon Bid security furnished by such

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653438

Bidders will be released, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

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 (7) 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 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 without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

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.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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

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 (5) days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers for those portions of the Work for which such identification is required unless otherwise specified in the Bid Form.

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

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653438

substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The individual submitting Bid must have the power and authority to enter Bid on behalf of their company. In PA, electronic signatures are legally binding. (PA Statute 73).

13.02 All blanks on the Bid form shall be completed. The Pricing Section on PennBid™ contains the electronic Bid form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein. The PennBid™ Program will automatically calculate the extended estimate price. Bidder shall enter a price for the Prime Contract(s) that the Bidder wishes to enter a Bid. Enter a zero (0) for all other Prime Contracts that the Bidder does not wish to bid.

13.03 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.

13.04 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.

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

13.06 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.

13.07 The Bid shall contain an acknowledgment of receipt of all Addenda.

13.08 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and submit such covenant if requested. Bidder’s state contractor license number, if any, shall also be provided (if Bidder is incorporated outside of the Commonwealth of Pennsylvania, Bidder must be registered with the Department of Labor and Industry as a Foreign Corporation authorized to conduct business within the Commonwealth of Pennsylvania).

ARTICLE 14 – BASIS OF BID

14.01 Unit Price

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

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653438

1. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

2. 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.

ARTICLE 15 – SUBMITTAL OF BID

15.01 The Pricing Section under Requested Information is to be completed and submitted within PennBID. Each Bid must be submitted electronically.

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

15.03 Bids not submitted via PennBid, will not be accepted.

15.04 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security in the form of a certified check, bank money order, or a Bid Bond (C-435) issued by a surety meeting the requirements of Article 8 of C-200 Instructions to Bidders. Original Bid security to be submitted upon request;

B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

C. Contractor’s License No. [or] Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

D. Required Bidder Qualification Statement, Document C-451, with supporting data. Original submitted upon request.

E. Non-Collusion Affidavit, Document C-452. Original submitted upon request;

F. Affidavit of Compliance with Pennsylvania Steel Products Procurement Act, Document C-

453. Original submitted upon request, and

G. Public Works Verification Form, Document C-454. Original submitted upon request.

H. Answer questions in the Bid (under the “Bid Form – Questions (RFI)” tab).

15.05 At no time before Bid Opening can anyone other than the preparer see an electronic Bid.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 The Bid can be withdrawn anytime up to Bid opening.

16.02 The Bid can be modified anytime up to Bid opening by editing the Bid in PennBid.

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16.03 If within twenty-four (24) hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner (as determined in the Owner’s sole discretion) that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw its Bid, and the Bid security will be returned.

Thereafter, if Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be “opened” electronically 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 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

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 lump bids are submitted, Bids will be compared on the basis of the total lump sum amount. 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.

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

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the

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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 fifteen (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 fifteen (15) 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 is exempt from Pennsylvania state sales and use taxes on certain items to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-

7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 – FUNDING REQUIREMENTS

23.01 Every Contractor and Subcontractor must comply with the provisions of the Federal Davis-Bacon and Related Acts (DBRA), as amended and supplemented. Document 800 Article 2 specifies the Davis-Bacon Wage rates and forms to be used. This Wage Determination is made an integral part of these Specifications and is included herein.

A. The Contractor shall post the hereinafter contained minimum wage rates, include the effective date of any changes thereof, in prominent and easily accessible places on the site of the work, or at such place or places as are used by the Contractor to pay workmen their wages.

B. Before final payment will be made, Contractor and his Subcontractor shall file statements in writing with the Secretary certifying to the amounts then due and owing, from such Contractor and Subcontractor filing such statement, to any and all workmen, setting forth therein the names of persons whose wages are unpaid and the amount due to each respectively, which statement so to be filed shall be verified by the oath of the Contractor and Subcontractor, as the case may be, that he has read such statement subscribed by him, knows the contents thereof and that the same is true of his own knowledge.

23.02 This project is subject to the Build American, Buy America (BABA) requirements.

23.03 This project is subject to the American Iron and Steel (AIS) requirements of P.L. 113-76, the Consolidated Appropriations Act of 2014. All iron and steel products are subject to the AIS requirements.

EJCDC® C-410, Bid Form for Construction Contracts.

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653834

DOCUMENT C-410

BID FORM

PROJECT IDENTIFICATION: COMMERCE STREET INTERCEPTOR REPLACEMENT

PROJECT

PROJECT NUMBER: 12653834

CONTRACT NUMBER: CONTRACT 1 – General Construction

ARTICLE 1 – BID RECIPIENT

1.01 This bid is submitted via Pennbid.

1.02 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.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 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 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.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents and Addenda, receipt of which is acknowledged by downloading the Addenda from PennBid™.

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all 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 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. Bidder has considered 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 any Site-related reports and

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653834

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. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this 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.

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

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. 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 collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653834

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 GENERAL

A. The total work to be performed under this contract shall be performed under the pay items listed hereinafter. Any equipment or materials called for in the Specifications or shown on the Drawings and necessary for a complete and satisfactory installation, but which are not specifically mentioned in this basis of payment section, shall be included in the appropriate pay item by the Contractor at no additional expense to the Owner.

B. It shall be understood that all pay items shall include the costs to the Contractor for tools, labor, equipment, insurance, workman's compensation, licenses, permits (including street cut permits), taxes, general overhead and profit, transportation, temporary utilities, start-up and testing, and all other expenses incidental to or necessary for the completion of the work. It shall be further understood that all pay items shall include the costs for the loading, transporting, unloading, handling, storing, and protecting of all furnished equipment and materials under the pay items.

C. The cost of removing and/or relocating storm drainage facilities and related structures removed or relocated at the Contractor's own volition to facilitate construction, shall be borne by the Contractor.

D. The Contractor shall obtain such permits as may be required by local and other governmental agencies and pay the necessary fees and charges. Contractor will comply with all EPA and DEP regulations in regards to disposal of any and all materials.

F. In addition to the Federally recognized holidays the Contractor will not be allowed to work on the following days: the Friday after Thanksgiving or the week between Christmas and New Years.

G. The Contractor is responsible for maintaining and/or supporting any underground or above ground facilities associated with this project. The Contractor is responsible for providing any and all temporary service(s) during construction and/or replacement of any facilities affected by the construction. All costs associated with this work will be included in the appropriate pay item.

H. The Contractor is reminded that all DEP and E&S permits must be transferred prior to the start of construction.

I. Contractor is reminded that all Utilities shown on the Contract Drawings are for informational purposes only. The Contractor is required to comply with all provisions of the Pennsylvania One Call System for locating utilities. Contractor will protect and maintain all underground and above ground utilities during construction. Contractor will endeavor to locate all facilities in advance of all work. The location of any new sanitary sewer facilities may be adjusted depending on the final field location of any existing utilities.

J. Contractor will use rubber tire/track pads on all equipment when working in paved and/or shoulder areas. Damage to the existing roadway or to driveways due to improper temporary paving, improper maintenance of trench lines after excavation and backfill, contractor’s

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653834

negligence, or failure to follow this standard, shall be repaired at the sole cost of the contractor.

K. Contractor will also notify TRAFAX, school district, public transportation providers, universities, emergency management, etc. prior to and during the construction project.

Contractor will utilize detailed traffic control plans approved by PennDOT in the HOP for any detours and/or road closures. Daily communication with the Township and school district regarding which roads are to be closed or traffic minimized will be the sole responsibility of the Contractor. Contractor shall also prepare a three-week look-head schedule and revise this schedule on a weekly basis.

L. Contractor is reminded of the existing facilities within the streets and must account for any type of additional backfill, including 2A limestone, additional pavement restoration, etc. in the unit price(s) bid.

M. Contractor will provide “As-Built” survey data as specified in Document 01700. Contractor shall GPS all facilities as they are constructed. Contractor shall be required to GPS all facilities, structures, all inverts, all pipe joints, any existing utility crossings, etc.

N. Contractor is reminded that the use of “Excavator-Mounted” hydraulic plate compactors will not be used to compact the trenches within paved cartway and shoulder areas within the Pennsylvania Department of Transportation Rights-of-Way as noted in Publication 408. In all other areas they may be used.

O. Contractor understands that six (6”) inches of screened topsoil is required to be placed on all disturbed areas prior to final seeding and mulching. Contractor also understands that all mulch placed for stabilization and/or seeding shall be tacked or crimped to prevent movement of mulch materials. Erosion Control Blanket (ECB) may also be used.

P. Bidder understands that all qualifying documentation for sub-contractors shall be submitted with the bid package at time of submittal. Failure to submit all sub-contractor documentation at time of submittal will result in an incomplete bid package.

O. Contractor shall include all costs associated with all PennDOT materials testing, certifications, product testing/certifications, completion, and submission of daily inspection report forms in the appropriate pay items. Refer to the HOP for any additional requirements.

The daily inspection by a DOT representative shall be paid for by the Owner. Owner shall deduct the DOT inspection costs from the Contractors application for payment(s).

P. The Owner will NOT entertain any requests for additional compensation associated with any cost increases for materials, equipment and/or labor cost for the work provided for the completion of this project.

Q. Contractor is responsible for locating and paying for a material storage site/construction yard. Contractor to provide a copy of the agreement to the Owner.

R. Contractor understands that all materials including manholes are to be certified by PennDOT.

T. Enter the bid, for the appropriate contract, on the electronic bid form on PennBid.

U. Contractor understands they will be responsible for locating a spoils site for all materials removed from the site.

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COMMERCE STREET INTERCEPTOR REPLACEMENT PROJECT 12653834

5.02 PAY ITEM NO. 1 – FURNISH, INSTALL AND OR REPLACE SANITARY SEWER

A. Payment will be made at the Contract unit price per lineal foot of sanitary sewer pipe furnished and installed and/or replaced. Length will be measures from center of manhole to center of manhole.