2-WEONA PARK ADA PLAYGROUND PHASE 2 SPECS.pdf

Weona Park ADA Playground – Phase 2

Prepared for

Pen Argyl Borough 11 North Robinson Avenue

P.O. Box 128 Pen Argyl, PA 18072

Prepared by

Van Cleef Engineering, LLC.

1685 Valley Center Pkwy., Suite 100

Bethlehem, PA 18017

VCEA Project Number: 8600-25-05

November 2025

PROJECT MANUAL

for

Project Manual

Northampton County, Pennsylvania

November 2025

Mark Bahnick, P.E.

Van Cleef Engineering, LLC.

1685 Valley Center Pkwy., Suite 100

Bethlehem, PA 18017

TABLE OF CONTENTS

PMTOC-1

DIVISION 00 - BIDDING AND CONTRACT REQUIREMENTS

Section C-100 Invitation to Bid Section C-200 Instructions to Bidder Section C-250 Wage Rates Section C-410 Bid Form Section C-435 Bid Bond Section C-436 Non-Collusion Affidavit Section C-437 Affidavit of Compliance with Pennsylvania Steel Products Procurement Act Section C-439 PA Workmen’s Compensation Act Form Section C-440 Public Works Employment Verification Form Section C-441 Hold Harmless Agreement Form Section C-451 Qualification Statement Section C-522 Agreement - Contract for Construction Section C-523 Waiver of Lien Form Section C-610 Performance Bond Section C-615 Payment Bond Section C-630 Maintenance Bond Non-Discrimination Sexual Harassment Clause Subcontractor Form Section 004519 Affidavit of Non-Collusion – CDBG Worker’s Compensation Affidavit – CDBG Section 004536.61 Non-Discrimination and Sexual Harassment Affidavit – CFA Section 004537 Equal Opportunity Affidavit MBE/WBE/Section 3 Compliance Form – CDBG Section 004600.71 Certified Statement (Debarment) – CDBG Section 007300.61 Supplemental Conditions Section 007341.61 Federal Labor Standard Provisions Section 007343.13 Davis Bacon Wage Rates Section 008600 PA Tax Exempt Disclosure Section 009200 E-Verify Act and Form Exhibit B – CDBG

- Attachment A – MBE/WBE Section 3 Compliance

- Attachment B – Guidelines and Bidder’s Instructions: Minority/Women Business Enterprises

- Attachment C – MBE/WBE Utilization Report (Submitted Prior to Final Payment)

- Attachment D – MBE/WBE Business Certification

- Attachment E – Section 3 Guidelines and Instructions

- Attachment F – Section 3 Business Utilization Report (Submitted Prior to Final Payment)

- Attachment G – Section 3 Employment Report

- Attachment H – Certification for Business Concerns Seeking Section 3 Status

PMTOC-2

DIVISION 01 - GENERAL REQUIREMENTS

Section 01005 Administrative Provisions Section 01006 Basis of Payment Section 01200 Project Meetings Section 01210 Preconstruction Conferences Section 01300 Submittals Section 01400 Quality Control Section 01500 Construction Facilities and Temporary Controls Section 01570 Traffic Regulation Section 01600 Material and Equipment Section 01700 Contract Closeout

DIVISION 2 – SITE WORK

Section 02100 Clearing and Grubbing Section 02221 Trenching, Backfilling & Compacting (Unclassified)

Section 02486 Erosion and Sediment Control Section 02600 Storm Sewer Drainage Piping Section 02960 Grading and Seeding – Disturbed Areas Section 024119 Selective Demolition

DIVISION 3 - CONCRETE

Section 03254 Concrete Curbs

Section 03255 Concrete Sidewalks Section 033000 Cast-In-Place Concrete

DIVISION 11 – EQUIPMENT

Section 116813 Playground Equipment

DIVISION 12 – FURNISHINGS

Section 129300 Site Furnishings

DIVISION 31 – EARTHWORK

Section 311000 Site Clearing & Grubbing Section 312000 Earth Moving

PMTOC-3

DIVISION 32 – EXTERIOR IMPROVEMENTS

Section 321313 Concrete Paving Section 321816.13 Playground Protective Surfacing Section 323119 Decorative Metal Fences and Gates Section 329115 Soil Preparation Section 329200 Grasses

DIVISION 33 – UTILITIES

Section 334100 Storm Utility Drainage Piping

APPENDICES

LIST OF DRAWINGS

1 Title Sheet

2 Existing Features & Demolition Plan

3 Site Plan

4 Grading Plan

5 Erosion & Sedimentation Control Plan

6 Erosion & Sedimentation Control Details

7 Construction Details 1

8 Construction Details 2

**** END OF TABLE OF CONTENTS ****

C-100-1

INVITATION TO BID

NOTICE TO CONTRACTORS

Online sealed bids for the Weona Park ADA Playground – Phase 2 in Pen Argyl Borough, Northampton County, PA will be received by Pen Argyl Borough via PennBidtm until 2 PM local time, December 4th, 2025. The bids will be publicly opened on PennBidtm at 3 PM local time, December 4th, 2025.

The Weona Park ADA Playground – Phase 2 Project includes labor, materials, tools, oversight and permits required to demolish existing features not conducive with proposed design and install new Borough purchased play equipment, along with contractor purchased poured in place rubber safety surface, fencing, concrete paving and curbing, and stormwater systems. All areas must be ADA compliant.

The contract Documents and solicitation details are available at no cost at PennBidtm – https://pennbid.bonfirehub.com.

Each document shall be accompanied by a certified check or bank draft, payable to the order of the Borough of Pen Argyl, negotiable U.S. Government Bonds (at par value), or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total bid amount. Bids shall remain open for a period of 120 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 150 days from the date of Bid opening. Bids may not be withdrawn during this period. All Bidders must bid on all items listed on the Bid Form. The successful Bidder shall be required to furnish satisfactory Performance and Payment Bonds in the amount of 100% of the Contract Price and a Maintenance Bond in the amount equal to fifteen (15%) of the Contract amount thereafter required on the specified Bond Forms included in the Contract Documents and Waiver of Lien. The successful Bidder shall substantially complete the project within 120 calendar days of receipt of Notice to Proceed and shall be ready for final payment within 150 days of receipt of Notice to Proceed.

This contract is subject to the following: the Federal Occupational Safety and Health Act of 1970 (OSHA) conditions; the Pennsylvania Act 229 of 2002; the Pennsylvania One Call Act, also known as the Underground Utility Line Protection Law, Act 287 of 1974, as amended; the Pennsylvania Human Relations Act 222 Conditions; and the non-discrimination in Employment/Contract Compliance Regulations Conditions.

Attention is called to the fact that not less than the minimum salaries and wages set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

Pen Argyl Borough reserves the right to reduce the scope of this project based upon the availability of funding. The Borough also reserves the right to accept or reject any or all Bids. The Borough also reserves the right, in its sole discretion, to waive bid defects which is deemed most favorable to the Owner, at the time and under the circumstances stipulated.

A Pre-Bid meeting will be held on November 25th, 2025 at 11 AM at the Pen Argyl Borough Office, 11 North Robinson Avenue, PA 18072. Attendance at pre-bid meeting is not mandatory, but all bidders are strongly encouraged to attend as it could be beneficial to their understanding of the project and bidding process.

Robin Zmoda Pen Argyl Borough Manager 610-863-1822

Section C-200 Instructions to Bidder

C-200-1

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the Contract for Construction. Additional terms used in these Instructions to Bidders have the meanings indicated below:

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the amount, stated in the invitation to bid may be obtained as stated in the Invitation to Bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence such as financial data; previous experience, present commitments, and such other data as may be called for in the qualification statement. Each Bid must contain evidence of Bidder’s qualification to do business in the State where the Project is located or covenant to obtain such qualification prior to award of the Contract.

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

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. A Site Plan is included in the Project Manual:

1. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. No reports or drawings are known to Owner relating to a Hazardous Environmental Condition identified at the Site.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, C-200-2 and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in the Contract for Construction.

4.05 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 the Contract Documents.

4.06 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, and explorations, as Bidder deems necessary for submission of a Bid. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

A. Reference is made in the Contract Documents for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

B. The Contract Documents indicates that if an Owner safety program exists, it will be noted in the Qualifications Statement.

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. Become familiar with and satisfy Bidder as to all federal, state, and local 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 contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data";

E. Consider the information known to Bidder; 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, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

C-200-3

F. Agree at the time of submitting its Bid that 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(s) 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; and

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

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 If a pre-Bid conference is held it will be at the time & location stated in the Invitation to Bid.

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 responses to questions which require an addendum or changes to the Bidding Document as Engineer considers necessary in response to questions arising at the conference via a Public Notice and post on PennBid. Bidders who have registered with and downloaded documents for this project from PennBid will be notified by email when a change or addenda has been posted. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures, or permanent or temporary changes in existing facilities or lands, are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer via the “Ask A Question” feature in PennBid. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda, posted within the project documents, and notification of such addenda emailed to all parties who have registered with and downloaded documents for this project from PennBid. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only

C-200-4 questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond (on a form similar to the attached, as approved by the Owner's solicitor) issued by a surety meeting the requirements of the Contract Documents.

8.02 The Bid security of the Successful Bidder will be retained until 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 returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom 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 Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

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

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUE AND "OR-EQUAL" ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items.

Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Contract Documents require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, C-200-5 individuals, or entities proposed for those portions of the Work for which such identification is required. 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, individual, or entity if requested by Owner. 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 a substitute, without an increase in the Bid.

12.02 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, individuals, or entities. Declining to make requested substitutions will not 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 revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the Contract Documents.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The online electronic Bid Form can be found by clicking on the "Bid" tab in PennBid.

13.02 All blanks on the Bid Form shall be completed. A Bid price shall be indicated for each [section, Bid item, alternative, adjustment unit price item, and unit price item] listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign.

The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member 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.

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

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

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

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

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

C-200-6

13.11 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 attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis. Bid shall include the entire cost for the work specified.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate. In the comparison of Bids, alternates will be applied at the Owner’s discretion.

B. The total of all prices will be the sum of the products of the quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with the Contract for Construction.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 Allowances – INTENTIONALLY DELETED

14.04 Alternates

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

B. 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 the Contract for Construction.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

D. The Owner shall have the right to accept none, any, or all Alternates in any order or combination and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.

C-200-7

ARTICLE 15 – SUBMITTAL OF BID

15.01 Sealed bids shall be submitted online via the PennBid Program. The document, Instructions To Bidder – Supplement, outlines what need to be submitted and how to submit electronic bids and support documents.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or Invitation to Bid.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 Prior to the bid due date and time, bids may be modified or withdrawn by clicking "Withdraw Bid" online via the PennBid Program.

16.02 If within 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 that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened through the PennBID site at the time indicated in the Advertisement or Invitation to Bid and, opened to public viewing on the PennBID website at the time indicated in the Advertisement or Invitation to Bid. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders on PennBID 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 further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.

Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities or irregularities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. Any or all proposals will be rejected if there is reason for believing that collusion exists among any of the bidders. Participants in such collusion will not be considered in future proposals.

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

C-200-8

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

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

ARTICLE 20 – CONTRACT SECURITY, INSURANCE, AND WAIVER OF LIEN

20.01 The Contract Documents set forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds, insurance certificates, and executed waiver of lien.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by a list of the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and documents to Owner. Owner shall deliver one fully signed counterpart to Successful Bidder.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from certain state sales and use taxes on materials and equipment to be incorporated in the Work. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the Work is performed.

The Contractor shall include all amounts for applicable sales, consumer, use and other similar taxes within the amount of his Bid. No allowance or additional payment will be made by Owner to Contractor to cover such taxes.

The responsibility for determining the applicability and amount of any such taxes shall rest with Bidder, who shall undertake to ascertain the amount of all applicable taxes prior to submission of his Bid. The Owner makes no representation as to the applicability or inapplicability of any such tax or taxes and Bidder shall not be entitled to rely upon any representation, express or implied, oral or written, of Owner or Engineer, or any officer, member, employee or agent of Owner or Engineer, with respect thereto. Failure of Bidder to include, in his bid prices, the amount of any applicable tax shall not relieve Bidder from responsibility therefore.

C-200-9

ARTICLE 23 – RETAINAGE

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

ARTICLE 24 – ADDITIONAL PROVISIONS

24.01 "Subletting or Assigning Work" - The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract, or any portion thereof, or of his rights, title or interest therein, without the written consent of the Owner.

24.02 "Pennsylvania Human Relations Act" - Pursuant to the provisions of Act No. 222, October 27, 1955, as amended and supplemented, known as the "Pennsylvania Human Relations Act", and in accordance with the provisions of the Regulations of the Pennsylvania Human Relations Commission, certain practices or discrimination because of race, color, religious creed, ancestry, age, sex, national origin, handicapped or disabled, by employers, employment agencies, labor organizations, Contractors and other is prohibited. The bidder shall agree to comply with the provisions of this Act and the Regulations which are made a part of these specifications as follows:

CONTRACTUAL AGREEMENT

§ 49.101. Nondiscrimination clause.

(a) Every State contract as defined in § 49.1 (relating to definitions) shall contain a nondiscrimination clause barring discrimination in employment because of race, color, religious creed, national origin, ancestry, sex or age.

(b) Every State contract between a Commonwealth agency engaged in granting financial assistance, including but not limited to State loans or State guarantees of student loans, and a bank, banking institution or other organization shall contain a nondiscrimination clause barring discrimination in employment because of race, color, religious creed, national origin, ancestry, sex or age.

(c) Every State contract for the deposit of Commonwealth funds in a bank, banking institution or trust company shall, upon the approval of the Board of Finance and Revenue, contain a nondiscrimination clause barring discrimination in employment because of race, color, religious creed, national origin, ancestry, sex or age.

(d) The nondiscrimination clause to be incorporated into every contractual agreement or other arrangement shall be in the following form:

C-200-10

NONDISCRIMINATION CLAUSE

During the term of this contract, Contractor agrees as follows:

1. Contractor shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age, or sex. Contractor shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age, or sex. Such affirmative action shall include, but is not limited to, the following: Employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

2. Contractor shall in advertisements or requests for employment placed by it or on its behalf state all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, or sex.

3. Contractor shall send each labor union or workers’ representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers’ representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Contractor.

4. It shall be no defense to a finding of a noncompliance with Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this nondiscrimination clause that Contractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations.

However, if the evidence indicates that the Contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

5. Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that Contractor will be unable to meet its obligations under the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this nondiscrimination clause, Contractor shall then employ and fill vacancies through other nondiscriminatory employment procedures.

6. Contractor shall comply with the Contract Compliance Regulations of the Pennsylvania Human Relations Commission, 16 Pa. Code Chapter 49 and with all laws prohibiting discrimination in hiring or employment opportunities. In the event of Contractor’s noncompliance with the non-discrimination clause of this contract or with any such laws, this contract may, after hearing and adjudication, be terminated or suspended, in whole or in part, and Contractor may be declared temporarily ineligible for further Commonwealth contracts, and such other sanctions may be imposed and remedies invoked as provided by the Contract Compliance Regulations.

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7. Contractor shall furnish all necessary employment documents and records to, and permit access to its books, records and accounts by, the contracting agency and the Human Relations Commission, for purposes of investigation to ascertain compliance with the provisions of the Contract Compliance Regulations, pursuant to § 49.35 (relating to information concerning compliance by contractors). If Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency or the Commission.

8. Contractor shall actively recruit minority subcontractors or subcontractors with substantial minority representation among their employees.

9. Contractor shall include the provisions of this nondiscrimination clause in every subcontract, so that such provisions will be binding upon each Subcontractor.

10. The terms used in this nondiscrimination clause shall have the same meaning as in the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, 16 Pa. Code Chapter 49.

11. Contractor obligations under this clause are limited to the Contractor’s facilities within Pennsylvania, or, where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced.

24.03 "Act 247" - Contractor shall comply with the provisions of Act 247 and regulations dealing with the prevention of environmental pollution and the preservation of public national resources that affect the project, said statement of provisions being submitted pursuant to the provisions of Act No. 247 of the General Assembly of the Commonwealth of Pennsylvania, approved October 26, 1972.

24.04 "Steel Products Procurement Act" - Contractor shall comply with the provisions of Act of March

3, 1978 (P.L. 6, No. 3) as amended, known as the "Steel Products Procurement Act".

24.05 Pennsylvania Prevailing Wage Act (Act No. 442).

General: The Contractor shall familiarize himself with the provisions of Act No. 442, and he shall comply with all provisions of the Act in the execution of the subject Contract.

The Contractor shall pay no less than the wage rates as determined in the decision of the Secretary of Labor and Industry and shall comply with the conditions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended, and the Regulations issued pursuant thereto, to assure the full and proper payment of said rates.

A copy of the minimum wage rates, as determined by the Secretary of Labor, for this Contract is included in the project manual.

The following specific requirements are called to the Contractor's attention.

(1) The general prevailing minimum wage rates including contributions for employee benefits, as shall have been determined by the Secretary, shall be paid to the workmen employed in the performance of this contract.

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(2) These contract provisions shall apply to all work performed on the contract by the

Contractor and to all work performed on the contract by all Subcontractors.

(3) The Contractor shall insert in each of his Subcontracts all of the stipulations contained in these required provisions and such other stipulations as may be required to assure conformance with the Act.

(4) No workmen may be employed on the public work except in classifications set forth in the decision of the Secretary. In the event that additional or different classifications are necessary, the Contractor shall request, in writing, the additional classification from the Owner.

(5) All workmen employed or working on the public work shall be paid unconditionally, regardless of whether any contractual relationship exists or the nature of any contractual relationship which may be alleged to exist between any Contractor, Subcontractor and workmen, not less than once a week without deduction or rebate, on any account, either directly or indirectly, except authorized deductions, the full amounts due at the time of payment, computed at the rates applicable to the time worked in the appropriate classification. Nothing in the contract, the Act or these Regulations shall prohibit the payment of more than the general prevailing minimum wage rates as determined by the Secretary to any workmen on public work.

(6) The Contractor and each Subcontractor shall post for the entire period of construction wage determination decisions of the Secretary, including the effective date of any changes thereof, in a prominent and easily accessible place or places at the site of the work and at such place or places used by them to pay workmen their wages. The posted notice of wage rates must contain the following information:

a. Name of project.

b. Name of public body for which it is being constructed.

c. The crafts and classifications of workmen listed in the Secretary's general prevailing minimum wage rate determination for the particular project.

d. The general prevailing minimum wage rates determined for each craft and classification and the effective date of any changes.

e. A statement advising workmen that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the Contractor and/or Subcontractor are not complying with the Act or the Regulations in any manner whatsoever, they may file a protest in writing with the Secretary of Labor and Industry within three (3) months of the date of the occurrence, objecting to the payment to any Contractor to the extent of the amount or amounts due or to become due to them as wages for work performed on the public work project.

Any workmen paid less than the rate specified in the contract shall have a civil right of action for the difference between the wage paid and the wages stipulated in the contract, which right of action must be exercised within six (6) months from the occurrence of the event creating such right.

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(7) The Contractor and all Subcontractors shall keep an accurate record showing the name, craft and/or classification, number of hours worked per day, and the actual hourly rate of wage paid (including employee benefits) to each workman employed by him in connection with the public work, and such record must include any deductions from each workman. The record shall be preserved for two years from the date of payment and shall be open at all reasonable hours to the inspection of the public body awarding the contract and to the Secretary or his duly authorized representatives.

(8) Apprentices shall be limited to such numbers as shall be in accordance with a bona fide apprenticeship program registered with and approved by the Pennsylvania Apprenticeship and Training Council and only apprentices whose training and employment are in full compliance with the provisions of the Apprenticeship and Training Act approved July 14, 1961 (Act No. 304) as amended and the Rules and Regulations issued pursuant thereto shall be employed on the public work project. Any workman using the tools of a craft who does not qualify as an apprentice within the provisions of this subsection shall be paid the rate predetermined for journeyman in that particular craft and/or classification.

(9) Wages shall be paid without any deductions except authorized deductions. Employers not parties to a contract requiring contributions for employee benefits which the Secretary has determined to be included in the general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workmen.

(10) Payment of compensation to workmen for work performed for public work on a lump sum basis, or a piece work system, or a price certain for the completion of a certain amount of work, or the production of a certain result shall be deemed a violation of the Act, regardless of the average hourly earnings resulting therefrom.

(11) The Contractor and each Subcontractor shall file a statement each week and a final statement at the conclusion of the work on the Contract with the Owner, under oath, and in form satisfactory to the Secretary, certifying that all workmen have been paid wages in strict conformity with the provisions of the Contract as prescribed by Section 3 of the Regulations, or if any wages remain unpaid to set forth the amount of wages due and owing to each workman respectively.

(12) All provisions of the Act and the Regulations shall be incorporated by reference into this

Contract.

(13) Contractor acknowledges work shall be in compliance with the Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973; PA Act 235 of 1965, as amended, Universal Accessibility Act, and Americans with Disabilities Act (ADA) of 1990, as amended.

SECTION C-250

PREVAILING WAGE RATES

Section C-410 Bid Form

C-410-1

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

P.O. Box 128 Pen Argyl, PA 18072

For:

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 120 days after the Bid opening, unless award of contract is delayed due to required approvals of another governmental agency, sale of bonds, or the award of a grant or grants, or for such longer period of time that Bidder may agree to in writing upon request of Owner. If so delayed, bids shall be irrevocable for 150 days in compliance with the Commonwealth Procurement Code, Chapter 39, Contracts for Public Works, 62 Pa CSA Section 3911.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to

C-410-2 existing surface or subsurface structures, if any, at the Site (except Underground Facilities) that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; 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, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in the above Paragraph, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times 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 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 of the Work for which this Bid is submitted.

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.…