SECTION II

INSTRUCTIONS TO BIDDERS

1. Defined Terms

Terms used in these Instructions to Bidders, which are defined in the General Provisions under Section V – Specifications, have the meanings assigned to them in the General Provisions. The term “Bidder” means one who submits a Bid directly to COUNTY, as distinct from a sub bidder, who submits a Bid to a Bidder. The term “Successful Bidder” means the Bidder to whom Lawrence County makes an award. The term “Bidding Documents” includes the Invitation to Bid, Contractor Qualification Statement, Notice of Eligibility, Instructions to the Bidders, Site Map, Specifications, The Bid Form, the required Bonds, the proposed Contract Documents (including all Addenda issued prior to receipt of Bids), all Supplemental Specifications and Special and General Provisions of this project, a Statement of Non-Collusion, a Statement of Acknowledgment agreeing to compliance of Davis Bacon Wage Rates and Regulations, and Acceptance of the Workmen’s Compensation Act.

2. Copies of Bidding Documents

2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated in the Invitation to Bid, may be obtained from the party listed on the Invitation to Bid. No refunds will be made for the return of complete or partial copies of the Bidding Documents.

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither the County of Lawrence, nor the municipality assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Please be sure your Bidding Documents are complete by the Table of Contents. If you have any questions regarding these, please direct them to the appropriate person.

2.3 LCDPCD will make copies of Bidding Documents available on the above terms only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. Qualifications of Bidders

Bidders must be pre-qualified. Minority and Women owned businesses are encouraged to participate in this open Bid. Geographical or In-State preference is strictly prohibited. Bid is to be awarded to the lowest, most responsible, qualified bidder.

4. Qualifications of Bidders

This is an open Bidding Process and Bidders must be pre-qualified and accepted as eligible Bidders and notified by County of Lawrence to participate. No contractor can be listed on the State or Federal Debarment list.

5. Examination of Contract Documents and Site

5.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work; (c) consider Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; (d) study and carefully correlate Bidder’s observations with the Contract Documents; and (e) notify LCDPCD of all conflicts, errors or discrepancies in the Contract Documents.

.2 Reference is made to Appendix “A” (Provisions for Compliance with Community Development Block Grant Program Regarding Use of Grant Funds) for identification of:

.2.1 Any reports of explorations and tests of conditions at the site, which have been utilized by the ENGINEER in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purpose of bidding or construction.

.2.2 Any drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by the ENGINEER in preparation of the Contract documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purpose of bidding or construction.

.2.3 LCDPCD will make copies of such reports and drawings available to any Bidder on request, if any exist. Those reports and drawings are not part of the Contract Documents.

.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to LCDPCD and the ENGINEER by owners of such Underground Facilities or others. LCDPCD does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions.

.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on the subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Provisions.

.5 Before submitting a Bid, each Bidder will, at Bidder’s own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

.6 On request in advance and after submittal of Bidder’s evidence of insurance coverage meeting limits designated in Appendix A and the General Provisions, COUNTY will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder must clean up and restore the site to its former condition upon completion of such explorations to the satisfaction of the COUNTY.

.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by COUNTY unless otherwise provided in the Contract Documents.

.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Section 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

6. Interpretations and Addenda

6.1 All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 COUNTY or ENGINEER may also issue addenda to modify the Bidding Documents as deemed advisable.

7. Bid Security

7.1 Each Bid must be accompanied by Bid Security made payable to the County of Lawrence and Mahoning Township in the amount of ten percent (10%) of the Bidders maximum Bid price and in the form of a Bid Bond (on form in the Project Manual), issued by a surety meeting the requirements.

7.2 The bid security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Lawrence County may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. COUNTY may retain the bid Security of other bidders, whom COUNTY believes to have a reasonable chance of receiving the award, until the expiration of the period that bids are subject to acceptance, whereupon Bid security furnished by such Bidders will be returned. Bid security with bids which are not competitive will be returned within fourteen (14) days after the Bid opening.

8. Contract Times

The times for Substantial Completion and Final Completion are to be set forth by Bidder in the Bid and will be included in the Agreement. The times will be taken into consideration by COUNTY during the evaluation of Bids, and it will be necessary for the Successful Bidder to satisfy COUNTY of Bidder’s ability to achieve Substantial Completion and Final Completion within the times designated in the Bid. Completion is desired on or before August 1, 2026.

9. Liquidated Damages

As per PennDOT Pub. 408 (2011 Edition), applicable supplements and the project special provisions, if any.

10. Substitute and “Or- Equal” Items

Substitute of “Or-Equal “items are subject of the requirements of the General Provisions.

11. Subcontractors, Suppliers, and Others

11.1 If the Contract Documents require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to COUNTY in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to COUNTY a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent organization information if requested by COUNTY. If COUNTY or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, COUNTY or ENGINEER may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

If apparent Successful Bidder declines to make any such substitution, COUNTY may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom COUNTY or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to COUNTY and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in the General Provisions.

11.2 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person, or organization against whom CONTRACTOR has reasonable objection.

12. Bid Form

12.1 The Bid Form is included with the Proposal; additional copies may be obtained from the party issuing the documents as listed on the Invitation to Bid.

12.2 All bids are to be completed electronically at PennBid https://pennbid/bonfirehud.com

12.3 Bids by corporations must be executed in the corporate name by the president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5 All names must be typed or printed below the signature.

12.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

13. Submission of Bids

Bids shall be submitted online at PennBid-https://pennbid.bonfirehub.com no later than 3:00 P.M. local time, on Monday, April 6, 2026. The bids shall also conform to the following requirements:

14. Modification and Withdrawal of Bids

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where bids are to be submitted at any time prior to the opening of Bids.

15. Opening of Bids

The opening of Bids will be publicly opened and read aloud at the County Commissioners Regularly scheduled Public Meeting to be held on Tuesday, April 7, 2026, at 10:00 A.M. at the Lawrence County Government Center, 430 Court Street, New Castle, PA 16101.

16. Bids to Remain Subject to Acceptance

All Bids will remain subject to Acceptance for 90 days after the day of the Bid opening, unless the formal award is delayed by a required approval of another agency, the sale of bonds or the award of a grant or grants, in which case the Lawrence County may hold the proposal 120 days after the date set for the Opening. COUNTY may, with the approval of Lawrence County release any Bid and return the Bid security prior to that date.

17. Award of Contract

17.1 COUNTY reserves the right to reject any and all bids, to waive any and all informalities and to negotiate contract terms with any Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced, or conditional Bids. Also, the COUNTY reserves the right to reject the Bid of any bidder if COUNTY believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by COUNTY. Discrepancies in the multiplication of Units of Work and Item Unit Prices will be resolved in favor of the Item 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.

17.2 In evaluating Bids, COUNTY will consider the qualifications of the Bidders, 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.

17.3 COUNTY may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the General Provisions. COUNTY also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

17.4 COUNTY may conduct such investigations as COUNTY deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to COUNTY’s satisfaction within the prescribed time.

17.5 If the contract is to be awarded, it will be awarded to the Lowest Responsible Bidder, whose evaluation by COUNTY indicates to COUNTY that the award will be in the best interests of the Project.

17.6 If the contract is to be awarded, COUNTY will give the Successful Bidder a Notice of Award within the period of time that bids are subject to acceptance.

18. Contract Security

The General Instructions for Bonds and subsequent Sections of the Project Manual set forth COUNTY’s requirements as to performance, payment, or other Bonds. When the Successful Bidder delivers the executed Agreement to COUNTY, it must be accompanied by the required Bonds.

19. Signing of Agreement

When COUNTY gives a Notice of Award to the Successful Bidder, the required number of unsigned counterparts of the Contract will accompany it. Within seven days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Contract with the required Bonds. Within ten days thereafter COUNTY shall deliver one fully signed counterpart to CONTRACTOR.

20. Pre-bid Meeting

A mandatory pre-bid Meeting will be held at 9:30 AM on Monday, March 23, 2026, at the Mahoning Township Municipal Building. Representatives from New Castle Engineers and Lawrence County will be present to discuss the Mahoning Township – Rich Avenue Street Improvement Project CDBG FY 2024. Bidders are required to attend and participate in the meeting. New Castle Engineers will transmit to all prospective Bidders on record such Addenda, as ENGINEER considers necessary in response to questions arising at the conference. Debriefing of all Local, State, and Federal Regulations that will pertaining to this project will be discussed including but not limited to HUD 4010, Davis-Bacon, certified payroll, Labor and Industry, MBE/DBE, Section 3, record keeping, contractor requirements for prequalification (debarment and litigation) and general project information. An inspection of the job site will take place directly following the pre-bid meeting if requested.

21. Sales and Use Taxes

COUNTY is exempt from Pennsylvania State Sales and Use Tax on certain materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Refer to General Provisions for additional information.

22. Retainage

Provisions concerning retainage, if any, are set forth in the Contract.

23. Employee Background Check

CONTRACTOR shall conduct a background check on each of its employees prior to the employee performing any function or activity under this Agreement involving any direct customer contact. As used in the Agreement, “direct customer contact” shall include but not be limited to, any activity by the CONTRACTOR’s employee at or near a customer’s premises. The background check conducted by CONTRACTOR shall consist of a check of at least of the following: Previous employers and dates of employment; Education; Driving record; Criminal history (state and federal); References; Credit history. Prior to commencing any work under this Agreement, CONTRACTOR shall provide proof to the COUNTY that the requirements of this Paragraph have been met. CONTRACTOR shall make available to the COUNTY, upon request, the documentation, and results of the background check with respect to any employee of CONTRACTOR performing any function under this Agreement involving any direct customer contact. CONTRACTOR shall sign the ADDENDUM at the end of the Agreement and return with the Agreement.

24. The following documents, including a copy of this checklist, must be returned to Lawrence County Department of Planning and Community Development (LCDPCD) during the Mandatory Pre-bid meeting at 9:30 AM on Monday, March 23, 2026, All Bidders must be pre-qualified to Bid on this project.

_______ Company’s Written Safety policy (Section III, A.5)

________ Statement of intentions for Section IX compliance (A signed statement acknowledging your firm will comply with all the Federal Requirements listed in the bid manual.)

_______ Certification Regarding Debarment SBA Form 1623 (Attached)

25. The following documents, including a copy of this checklist, must be turned in to Lawrence County with the Final Submission of BID Monday, April 6, 2026, by 3:00 PM.

_____ Bidder Contractor’s License Number (if applicable) as well as Tax Identification Number

_____ Certificate of Liability Insurance and Workmen’s Compensation (Appendix A, Article 3)

_____ Notification of Pre-Qualification Eligibility (Section III) (Just the letter needs to be attached not full submission)

_____ Proposal – Bid Form (Section IV)

_____ Executed Bid Bond and/or Surety Bond (Section IV)

_____ Statement of Compliance with Davis-Bacon Wage Rates and Regulations (Section IV)

_____ Affidavit Re: Accepting Provisions of the Workmen’s Compensation Act (Section IV)

_____ Affidavit of Non-Collusion (Section IV)

_____ Non-Discrimination Affidavit of Prime Bidder (Section IV)

_____ MBE/WBE Form 16A-Certification (Section IV)

_____ MBE/WBE/Section 3 Commitment Statement (Section IV)

____ Public Works Employment Verification Form (Section IV)

_____ Tabulation Form - Subcontractors and Suppliers (Section IV)

* Include this checklist with the Bid Documents.