530 West Broad Street

Bethlehem, PA 18018

Phone: (610) 419-4055

Email: info@alloy5.com

WWW.ALLOY5.COM

CAFETERIA RENOVATION

NORTH PENN-LIBERTY & NORTH PENN-MANSFIELD JR-SR HIGH SCHOOLS

SOUTHERN TIOGA SCHOOL DISTRICT

P R O J E C T M A N U A L

CAFETERIOR RENOVATIONS

AT

NORTH PENN-LIBERTY JR-SR HIGH SCHOOL

8675 STATE ROUTE 414

LIBERTY, PA 16930

AND

NORTH PENN-MANSFIELD JR-SR HIGH SCHOOL

73 WEST WELLSBORO STREET

MANFIELD, PA 16933

310 MORRIS ST.

BLOSSBURG, PA 16912

April 10, 2026

ALLOY5 ARCHITECTURE [Architect] 530 West Broad Street Bethlehem, PA 18018

REUTHER+BOWEN [Structural Consultant]

326 WARD STREET

SCRANTON, PA 18512

ARRIS ENGINEERING GROUP, LTD [Mechanical/Electrical/Plumbing/Fire Protection Consultant]

667 SOUTH RIVER ST

PLAINS, PA 18705

ALLOY5 ARCHITECTURE

26-007-01

CAPITAL IMPROVEMENT PROJECTS

000110 - TABLE OF CONTENTS - 1

SECTION 000110 - TABLE OF CONTENTS

VOLUME 1

DIVISION 00 – PROCUREMENT & CONTRACTING REQUIREMENTS

000110 TABLE OF CONTENTS

000115 LIST OF DRAWINGS

001113 ADVERTISEMENT FOR BIDS

001153 REQUEST FOR QUALIFICATIONS

001154 AGREEMENT OF SURETY

001155 LETTER OF INSURER

002113 INSTRUCTIONS TO BIDDERS

002625 SUBSTITUTION REQUEST FORM

004116 GENERAL CONSTRUCTION BID FORM

004300 BID SECURITY

004519 NON-COLLUSION AFFIDAVIT

005216 AGREEMENT FORM

006113 PERFORMANCE AND PAYMENT BOND

006216 SAMPLE CERTIFICATE OF INSURANCE

007216 GENERAL CONDITIONS

007300 SUPPLEMENTARY CONDITIONS

007343 PA PREVAILING WAGE RATE REQUIREMENTS

007343.01 PREVAILING WAGE RATES – MANSFIELD

007343-02 PREVAILING WAGE RATES – LIBERTY

008200 SAFETY & HEALTH MANAGEMENT PLAN

DIVISION 01 – GENERAL REQUIREMENTS

011100 SUMMARY

011250 SUMMARY OF MULTIPLE PRIMES

011400 WORK RESTRICTIONS

012129 QUANTITY ALLOWANCES

012200 UNIT PRICES

012600 CONTRACT MODIFICATION PROCEDURES

012900 PAYMENT PROCEDURES

013100 PROJECT MANAGEMENT AND COORDINATION

013300 SUBMITTAL PROCEDURES

013543 ENVIRONMENTAL MITIGATION MEASURES

014000 QUALITY REQUIREMENTS

014200 REFERENCES

015000 TEMPORARY FACILITIES AND CONTROLS

016000 PRODUCT REQUIREMENTS

017300 EXECUTION

017329 CUTTING AND PATCHING

017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

017700 CLOSEOUT PROCEDURES

017823 OPERATION AND MAINTNENCE DATA

017839 PROJECT RECORD DOCUMENTS

017900 DEMONSTRATION AND TRAINING

000110 - TABLE OF CONTENTS - 2

VOLUME 2

DIVISION 02 – EXISTING CONDITIONS

02 4119 SELECTIVE DEMOLITION

DIVISION 03 – CONCRETE

N/A

DIVISION 04 – MASONRY

DIVISION 05 – METALS

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

06 1053 MISCELLANEOUS ROUGH CARPENTRY

06 4023 INTERIOR ARCHITECTURAL WOODWORK

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 9200 JOINT SEALANTS

DIVISION 08 – OPENINGS

08 3512 ACCORDION METAL DOOR

DIVISION 09 – FINISHES

09 2216 NON-STRUCTURAL METAL FRAMING

09 2900 GYPSUM BOARD

09 6513 RESILIENT WALL BASE AND ACCESSORIES

09 6623 TERRAZZO TILE

09 9100 PAINTING

DIVISION 10 – SPECIALTIES

DIVISION 12 – FURNISHINGS

DIVISION 14 – CONVEYING EQUIPMENT

VOLUME 3

DIVISION 22 – PLUMBING

SEE DRAWINGS

DIVISION 23 – HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

000110 - TABLE OF CONTENTS - 3

DIVISION 26 – ELECTRICAL

DIVISION 27 – COMMUNICATIONS

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

END OF SECTION

000115 - LIST OF DRAWINGS - 1

SECTION 000115 - LIST OF DRAWINGS

The Drawing Index included on the Drawing Cover Sheet G0.00 lists drawings that form a part of this Contract, as set forth in the accompanying Conditions of the Contract for Construction.

000115 - LIST OF DRAWINGS - 2

[THIS PAGE INTENTIONALLY LEFT BLANK]

001113 - ADVERTISMENT FOR BIDS - 1

ADVERTISEMENT FOR BIDS

NORTH PENN-LIBERTY JR-SR HIGH SCHOOL & NORTH PENN-MANSFIELD JR-SR HIGH SCHOOL

CAFETERIA RENOVATIONS

Southern Tioga School District will receive sealed bids for the construction of renovations to the existing North Penn-Liberty Jr-Sr High School located at 8675 State Route 414, Liberty, PA 16930 and North Penn-Mansfield Jr-Sr High School located at 73 West Wellsboro Street, Mansfield, PA 16933. Work includes General Contractor. Work must commence by 08 June 2026 and be substantially complete by 07 August 2026.

Drawings will be made available on PennBid by end of day 10 April 2026.

Sealed bids will be received online via the PennBid Program until 10:00 A.M. prevailing time, 01 May 2026, at which time they will be opened. After bid opening the results will be available for viewing on the PennBid website. Successful bidder will be selected by Owner at a later date.

Questions will be accepted until 5:00 P.M., prevailing time, on April 24, 2026; questions will be accepted through PennBid, only from prime bidders. All questions must be submitted through PennBid and will not be accepted in any other manner. A MANDATORY PRE-BID CONFERENCE will be held virtually at 10:00 A.M.

prevailing time on April 16, 2026. AN SITE VISIT WILL be held on April 17, 2026 at 9:00 A.M. prevailing time.

The site visit will be held at the project site, starting at North Penn- Liberty Jr-Sr. High School then North Penn- Mansfield Jr-Sr. High School.

All bidders must register by 12 P.M. the day before the Pre-Bid Conference by sending an e-mail to jmonroig@alloy5.com. A virtual meeting link will be forwarded to all registered bidders by 2 P.M. the day prior to the pre-bid conference.

Bidding Documents and solicitation details are available online without charge, at www.PennBid.net. Results of the bidding may be viewed by Bidders on the PennBid website.

The District reserves the right to waive non-material defects in any bid if it determines that it is in its best interest to do so. The District reserves the right to reject all bids.

The apparent low bidder and the next two lowest bidders must submit, to the Architect, originals of the Bidding Documents within two (2) business days from the date of the bid opening.

All bids must be accompanied by a bid security in the amount of ten percent (10%) of the base bid.

Performance Bond and a Labor Material and Payment Bond will be required from the lowest responsible bidders.

This project is subject to the provisions of the Commonwealth of Pennsylvania Prevailing Wage Act.

Sam Rotella, Jr.

Superintendent Southern Tioga School District

Run Weeks: April 13th, April 20th, April 27th (Three consecutive weeks)

001153 - REQUEST FOR QUALIFICATIONS - 1

QUALIFCATIONS QUESTIONNAIRE

Submitted To: Southern Tioga School District

For consideration with regards to: North Penn-Liberty Jr-Sr High School & North Penn-Mansfield Jr-Sr High School

Cafeteria Renovations

Date: ___________, ________

• Companies that wish to bid on this Project must submit this Qualification Statement with their bids.

• Only Companies which are determined to be responsible contractors under applicable law will be des-ignated as qualified bidders.

• The Instructions to Bidders govern the Owner’s consideration of this completed Qualification State-ment and any other requirements that will be considered in making an award.

• All prospective bidders must complete this form by answering all questions, and supplying all request-ed documents, using the spaces indicated (with additional pages if necessary) and attaching docu-ments as required and submit the completed form with their bid by the deadline established in the Invi-tation to Bid.

I. Capability

• Form of organization (sole proprietorship, partnership, corporation, etc.)

• Years the organization has been in business as a contractor under its present name.

001153 - REQUEST FOR QUALIFICATIONS - 2

3. List of all affiliated or subsidiary organizations and companies.

4. List of all organizations and individuals who have a financial interest in or a specified percentage in the company.

5. Any other organization or individual who controls bidding or operation of the organization.

6. Identification of all offices.

Main Office: ________________________________________________________________

Additional Locations:

7. The numbers, categories and locations of all employees and officers.

001153 - REQUEST FOR QUALIFICATIONS - 3

8. The officers, administrators, managers and superintendents who will be assigned to the project - identi-fication of qualifications, with specific attention to years in present position, years of construction expe-rience, and magnitude and type of work.

9. Any work the organization has performed for Southern Tioga School District.

10. Other public work, including specifically municipal projects, that the organization has performed in

Pennsylvania (up to ten most recent projects). For each, identify the name and address of owner, loca-tion of project, nature of contract (prime, sub, etc.), contract amount, change orders, final contract amount, if completed on-time, kind of work, and nature of project.

001153 - REQUEST FOR QUALIFICATIONS - 4

11. Other projects, including specifically municipal projects, involving multi-prime contracts on which the organization has served as a prime contractor (up to ten most recent projects). For each, identify the name and address of owner, location of project, nature of contract (prime, sub, etc.), contract amount, change orders, final contract amount, if completed on time, kind of work, and nature of project.

12. Other projects, including specifically municipal projects, for the type of construction that is to be under-taken, performed by the organization at any time. For each, identify the name and address of owner, lo-cation of project, nature of contract (prime, sub, etc.), contract amount, kind of work, and nature of project.

13. Projects constructed with Critical Path Method (CPM) or some other form of computerized project scheduling and capabilities that otherwise can be provided. For each, identify the name and address of owner, location of project, nature of contract (prime, sub, etc.), contract amount, kind of work, and na-ture of project.

001153 - REQUEST FOR QUALIFICATIONS - 5

14. Projects awarded but which the organization failed to complete. Identify dates, name and address of owner, name and location of project and kind of work, and the reasons the project was not completed.

15. Equipment owned that will be utilized on the project by type, size or capacity, years of service, and condition.

16. Leased equipment that will be utilized on the project by type, size or capacity, years of service, and condition.

001153 - REQUEST FOR QUALIFICATIONS - 6

17. Portion of the contract to the nearest ten percent (10%) that the bidder expects to perform using its own labor and equipment.

II. Financial Integrity

• Attach the most recent audited and CPA certified financial statement, with certification, date of prepara-tion, name and address of preparer (financial information can be treated as confidential if placed in a sealed envelope and marked as such).

• Net working capital (current assets over current liabilities) and date of determination.

• Identification of credit lines, with information on the total lines, amounts drawn down and amounts re-maining.

001153 - REQUEST FOR QUALIFICATIONS - 7

4. Identification of the contractor’s surety for the required performance bond, total bonding capacity and available bonding capacity. Also list bonding company A.M. Best Rating and Financial Rating for com-pliance with project requirement. The qualifications of the bonding company should be a surety com-pany designated as acceptable surety in Circular 570, as amended by the Audit Staff of the Bureau of Government Financial Operations U.S. Treasury Department.

III. Conduct

1. All felony convictions, all bidding related offenses, and all misdemeanor convictions involving moral turpitude of the organization, its affiliates, its owners holding more than a specified percentage interest, its officers, and its administrators, managers, and superintendents that will be assigned to the project.

2. Debarments, suspensions, and denials of pre-qualification of the organization for any federal, state, lo-cal or governmental contracting.

001153 - REQUEST FOR QUALIFICATIONS - 8

3. Construction-related disputes of any kind including lawsuits, arbitrations, mechanics liens, and other claims that the organization has been involved in. Provide a summary of each item.

4. Proceedings of an administrative enforcement nature of whatever kind, including environmental, wage and hour, prevailing wage, employment discrimination, or other kind of proceeding. Provide a sum-mary of each item.

5. List any prevailing wage disputes, investigations or complaints filed against the firm or any officers.

001153 - REQUEST FOR QUALIFICATIONS - 9

6. Unpaid obligations to local, state, or federal taxing authorities, including but not limited to income, withholding and unemployment taxes.

7. Cancellation, termination or rescission of contracts of insurance or suretyship.

8. Provide all other information requested in accordance with Instructions to Bidders or any other infor-mation requested by Owner as part of its investigation.

IV. Safety and Training

1. Provide a copy of your Workmen’s Compensation Experience Modification Factor for the past three (3) years.

2. Identify any safety violations, accidents or injuries on any projects over the last five (5) years.

3. Provide a summary and proof of any training or other programs that are available, endorsed or paid by your company and made available to employees.

001153 - REQUEST FOR QUALIFICATIONS - 10

4. Provide a summary of your safety training and compliance programs.

V. Ethics Act

1. The owners of the Firm and their immediate family members, namely, parents, spouse, child, brother or sister are not related by blood or marriage to and have no business relationships with Members of the Southern Tioga School District Board of Directors except as follows:

If familial or business relationship(s) exist, please identify.

001153 - REQUEST FOR QUALIFICATIONS - 11

When the Bidder is an individual proprietor:

WITNESS:

__________________________________ _________________________________(SEAL)

Signature of Witness Signature of Proprietor

Print Name of Proprietor

When the Bidder is a partnership:

Print Name of Partnership

Address

City, State, Zip Code

Phone Number with Area Code

WITNESS:

__________________________________ _________________________________(SEAL)

Signature of Witness General Partner

001153 - REQUEST FOR QUALIFICATIONS - 12

When the Bidder is a corporation:

Print Name of Corporation

Address

City, State, Zip Code

Phone Number with Area Code

ATTEST:

__________________________________ BY:_______________________________(SEAL)

Secretary/Assistant Secretary/ President/Vice President or Treasurer/Assistant Treasurer or other authorized representative other authorized representative

Print Name of Corporate Representative

(CORPORATE SEAL)

001154 - AGREEMENT OF SURETY - 1

AGREEMENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that we, ______________________________________ as Surety, a corporation existing under the laws of the State of ______________________________________, and au-thorized to transact business in the Commonwealth of Pennsylvania hereby agree intending to be legally bound hereby, to execute and deliver to SOUTHERN TIOGA SCHOOL DISTRICT, within the time limit specified in the

Contract Documents, the Performance Bond and Labor and Material Payment Bond in the forms included in the

Contract Documents each in an amount of 100% of the contract amount, in favor of SOUTHERN TIOGA

SCHOOL DISTRICT, as required for the faithful performance and proper fulfillment of the contract for the NORTH

PENN-LIBERTY JR-SR HIGH SCHOOL & NORTH PENN-MANSFIELD JR-SR HIGH SCHOOL CAFETERIA

RENOVATIONS for SOUTHERN TIOGA SCHOOL DISTRICT as set forth in the Contract Documents on behalf of

_______________________________________________________ (hereinafter called the Bidder) provided that the above contract be awarded to the bidder within sixty (60) days after the date of opening of the bids or otherwise as set forth in the Instructions to Bidders.

DATED: __________________, ___________ _______________________________

(CORPORATE SURETY)

ATTEST: ______________________________ BY: ________________________

Secretary President

(CORPORATE SEAL)

001155 - LETTER OF INSURER - 1

SECTION 001155 - LETTER OF INSURER

DATE:

TO: Sam Rotella, Jr.

Superintendent Southern Tioga School District 310 Morris St.

Blossburg, PA 16912

Dear Mr Sam Rotella:

The undersigned insurance agent, licensed to do business in the Commonwealth of Pennsylvania and author-ized to issue this letter on behalf of the following insurance company or companies:

hereby represents that if

(Insert name of Bidder) is awarded the contract for the construction of the project, as is described in the Contract for Construction, then the above-named insurance company or companies will issue insurance, naming SOUTHERN TIOGA SCHOOL DISTRICT and its Architect as additional insured, for the coverages and in the amounts required by the Contract Documents, as set forth in Article 11 of the General Conditions.

(Name of Agent)

By:

(Authorized Representative)

001155 - LETTER OF INSURER - 2

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002113 - INSTRUCTIONS TO BIDDERS - 1

SECTION 002113 - INSTRUCTIONS TO BIDDERS

1. DEFINITIONS

1.1 Bidding Documents include the Bidding Requirements and the Proposed Contract Documents.

The Bidding Requirements consist of the advertisement or invitation to bid, Instructions to Bidders, supplementary instructions to bidders, the bid form, and any other bidding forms. The Proposed Contract Documents consist of the unexecuted form of Agreement between the Owner and Contractor and that Agreement’s Exhibits, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda, and all other documents enumerated in Article 8 of these Instructions.

1.2 Definitions set forth in the General Conditions of the Contract for Construction, or in other Proposed Contract Documents apply to the Bidding Documents.

1.3 Addenda are written or graphic instruments issued by the Architect, which, by additions, deletions, clarifications, or corrections, modify or interpret the Bidding Documents.

1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents, to which Work may be added or deleted by sums stated in Alternate Bids.

1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from, or that does not change, the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.

1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, as described in the Bidding Documents.

1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents.

1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment, or labor for a portion of the Work.

2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of .pdf documents may be obtained at no cost via PennBid (www.pennbid.net)

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Architect assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Bid Documents consist of Contract Documents (and all reference standards), specifications, addenda and drawings. Bidder is responsible to make

002113 - INSTRUCTIONS TO BIDDERS - 2

sure that the set of Bidding Documents is complete and that any printed contract document is legible and represents properly all the information as represented in the PDF file.

2.3 Owner and Architect, in making copies of the Bidding Documents available on the above terms, do so 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

3.1 By submitting a Bid, the Bidder represents that:

3.1.1 the Bidder has read and understands the Bidding Documents;

3.1.2 the Bidder understands how the Bidding Documents relate to other portions of the Project, if any, being bid concurrently or presently under construction;

3.1.3 the Bid complies with the Bidding Documents;

3.1.4 the Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder’s observations with the requirements of the Proposed Contract Documents;

3.1.5 the Bid is based upon the materials, equipment, and systems required by the Bidding Documents without exception;

3.1.6 the Bidder has read and understands the provisions for liquidated damages, if any, set forth in the form of Agreement between the Owner and Contractor;

3.1.7 the Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid, with any other Bidder or with any competitor; and,

3.2 The following information must be completed and submitted with the appropriate bid form.

3.2.1 Exhibit A - Spec Section 001153 – Completed Request for Qualifications questionnaire. Bidder to use additional pages to complete any of the sections if more space is needed. Bidder’s failure to fully and accurately disclose all information requested in the Request for Qualifications questionnaire shall constitute grounds for Bidder’s disqualification from being considered the lowest responsive, responsible Bidder.

3.2.2 Exhibit B - Spec Section 001154 – Executed Agreement of Surety and appropriate

Power of Attorney.

3.2.3 Exhibit C – Spec Section 001155 – Executed Letter of Insurer.

3.2.4 Exhibit D – Spec Section 004300 – Executed Bid Security as referenced in Article 6 of this Document.

002113 - INSTRUCTIONS TO BIDDERS - 3

3.2.5 Exhibit E – Spec Section 004519 – Executed and notarized Non-Collusion Affidavit.

3.3 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of Owner's request, written evidence such as financial data, insurance certificates, previous experience of the Bidder and its assigned personnel, present commitments and any other information that may be requested by the Owner. 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. Owner reserves the right to reject Bidder if he cannot satisfy all of the Qualification Requirements, including those listed in the Technical Specifications.

3.4 In determining the lowest responsible Bidder, the Owner will consider the Bidder’s integrity, efficiency, experience of the Bidder and its assigned personnel, promptness, current work load, financial capability, performance on recent projects, references from Owners, Architects and Engineers, potential list of sub-contractors, schedule of values, and ability to successfully and timely complete the Project. The Owner will scrutinize the apparent low Bidder’s information for full disclosure before intent to award is issued. The apparent low Bidder must demonstrate competency and provide any or all of the above information requested within five (5) days of request. Owner reserves the right to reject Bid if all the information is not received on time and/or does not satisfy the Owner’s evaluation process. The Owner reserves the right to reject all bids if it is deemed in the best interests of the Owner.

3.5 In addition to all the requirements specified in Articles 3.1, 3.2 and 3.3 regarding qualifications of Bidders, the Owner will evaluate bidders using the following additional criteria:

3.5.1 The Bidder and its assigned personnel, must have successfully performed a minimum of 3 previous public projects within the last 5 years of similar type or a contract value of at least seventy percent (70%) of the amount of the bidder’s base bid. Provide references including telephone number and contact person.

3.5.2 The Bidder shall perform not less than ten percent (10%) of the actual construction Work with staff employed directly by the company. Project management shall NOT be included in this percentage.

3.5.3 The Bidder, or its assigned personnel, must have successfully performed at least 3 public projects within the last 5 years where they have managed multiple trades and coordinated and scheduled all the activities for projects as per 3.4.1. Provide references including telephone number and contact person.

3.5.4 An agreement of Surety certifying that the Surety Company is committed to provide the bidder with a Performance Bond and Payment Bond each in the amount of one hundred percent (100%) of the contract amount. The Surety Company must have an AM Best rating of A- or better and a financial rating of Class X or higher. The Surety Company must hold a certificate of authority as a acceptable surety on Federal Bonds as listed in Treasury Circular 570, as amended, and be authorized to transact business in the State of Pennsylvania.

002113 - INSTRUCTIONS TO BIDDERS - 4

3.5.5 The Bidder’s performance on previous projects including claims, litigation, coordination of work, staffing and timely completion. If it is determined that the bidder does not have a record on previous projects that the Owner in its sole discretion considers to be reasonable, the Owner reserves the right to reject the bid.

3.5.6 The Bidder shall also refer to Articles 11 and 16.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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

(1) Examine the Contract Documents thoroughly.

(2) Visit the site to become familiar with local conditions that may affect the cost, progress, performance, or furnishing the Work.

(3) Consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work.

(4) Study and carefully correlate Bidder's observations with the Contract Documents.

(5) Notify Architect of any conflicts, errors, or discrepancies discovered in the Contract

Documents.

4.1.1 REVIEW OF DRAWINGS AND SPECIFICATIONS

A. Bidders shall thoroughly examine and be familiar with the Specifications and Drawings.

The failure or omission of any Bidder to receive or examine any form, instrument, document, or visit the site and acquaint himself with conditions there existing, shall in no way relieve any Bidder from obligation with respect to his Bid. By submitting a Bid, the Bidder agrees and warrants that he has examined the site and the Specifications and Drawings and, where Specifications and/or Drawings require in any part of the Work a given result to be produced, that the Specifications and Drawings are adequate and the required result can be produced under the Specifications and Drawings. No claim for any extra will be allowed because of alleged impossibilities in the production of the results specified or because of inadequate or improper plans and specifications and whenever a result is required, the successful Bidder shall furnish any and all extras and make any changes needed to produce the required result for the sum stated in the Bid Form.

B. Should any Bidder find discrepancies, duplications or omissions in the documents or have doubt as to the meaning expressed by the Contract Documents, he shall make inquiry at once in writing to the Architect. Where changes, corrections or clarifications to Contract Documents are deemed necessary by the Architect, he will issue written addenda (“Addenda”) accordingly. Addenda shall be a part of the Contract Documents. No oral, telephone or letter instructions will be considered as having effect upon the Contract Documents; Addenda only shall constitute change to them. Bidders and Sub-bidders are urged to make early examination of Contract Documents and make inquiries about them if necessary, even though prices may not be determined until late in the bidding period.

002113 - INSTRUCTIONS TO BIDDERS - 5

4.2 The site will be available for visits at the pre-bid conference and at the other specific designated dates and times determined at the pre-bid.

4.3 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 Owner and Architect by owners of such Underground Facilities or others, and Owner and Architect do not assume responsibility for the accuracy or completeness thereof. Contractor shall verify the location of all underground utilities prior to any excavation.

4.4 General Contractor is responsible, on behalf of the Owner, for providing the physical markings of all existing utilities including those on site as indicated on the drawings or that may be identified in the field. The locations shown on the drawings are approximate. The Bidder must include in his proposal the cost for hand-dug test holes, or other means, to ascertain the precise position of such underground facilities on the site owned by the Owner. This verification should be performed for any utilities to be relocated, removed, modified or that may otherwise interfere with planned work. The utilities in the public right of way will be identified and marked by the appropriate facility owner as per the requirements of the PA One Call Act as amended. Physical layout is to be performed in full compliance with the PA One Call PA Act 287 of 1974 as amended by Act 18 of 1996.

4.5 The Owner and Architect will not be responsible for the adequacy of data furnished to prospective

Bidders on subsurface conditions, Underground Facilities and other physical conditions. This information is provided based on information available. Bidder assumes responsibility for verifications, adjustments and modifications that may be required since this is generally recognized as inherent to the work of the Contract Documents.

4.6 Before submitting a Bid, each Bidder will, at Bidder's 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 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.

4.7 On request in advance, Owner 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 shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4.8 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 the Bidder 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 Bidder.

Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

4.9 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of the bid documents and, that without exception, the Bid

002113 - INSTRUCTIONS TO BIDDERS - 6

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.

5. INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Contract Documents are to be directed as listed below. Interpretations or clarifications considered necessary by the Architect in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Architect 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.

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

5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Architect.

5.4 All questions must be submitted in writing via PennBid. Phone calls are not permitted.

6. BID SECURITY AND BOND REQUIREMENTS

6.1 A proposal shall be rejected unless accompanied by a Bid Security in the amount of ten percent (10%) of the total of the Base Bid and all possible add alternates. Bid Security shall be in the form of a certified check or bank cashier’s check payable to Owner or a Bid Bond in the form set forth herein, naming as obligee, the Owner.

6.2 The Owner may declare the Bid Security forfeited to the Owner if, following such issuance of a

Notice of Intent to Award to the apparent lowest responsible Bidder, such Bidder fails to deliver the items required for complete evaluation and for contract execution required by the Bid Documents and within the time required by the Bid Documents.

6.3 If Bid Security is submitted in the form of a Bid Bond, the Bid Bond shall be submitted on the form referenced in the Bidding Documents, and the Attorney-in-Fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of its Power of Attorney, authorizing said Attorney-in-Fact to act on behalf of the surety. The Power of Attorney must be dated the same date as the Bid Bond and both the Bid Bond and Power of Attorney shall have affixed the raised corporate seal of the surety. The Bid Bond form, as well as the Performance Bond and Payment Bond forms, must be executed by a surety licensed and authorized to conduct business as a surety within the Commonwealth of Pennsylvania, have an AM Best rating of ‘A-’ or higher and a financial rating of Class X or higher and shall be named in the current list of companies holding Certificates of Authority as acceptable sureties on federal bonds and/or as acceptable reinsuring companies as published in Circular 570 (as amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, and the amount of the bond shall not exceed the underwriting risk of such surety set forth in said circular of revisions thereof. Any bond must be acceptable to Owner.

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6.4 The Bid Security of Bidders will be returned (unless forfeited as stated above) at the Bidder’s request, upon (1) the execution of the Agreement Between Owner and Contractor by Owner, or

(2) the rejection of all bids by Owner, or (3) the expiration of the firm bid period set forth in these Instructions to Bidders. The Owner shall not be liable for any interest on bid security which is held in accordance with these Bidding Instructions.

7. NON-COLLUSION AFFIDAVIT

More than one proposal for the contract from an individual, partnership, corporation, or an association under the same or different name will be grounds for the rejection of all proposals in which such Bidder is interested. 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. A Non-Collusion Affidavit shall be executed and submitted with the Bidder’s proposal using the form set forth herein.

8. CONTRACT TIME

The Bidder acknowledges that a condition of the Contract is that time is of the essence of the Contract and the number of calendar days within which, or the dates by which, the Work is to be substantially completed and completed and ready for final payment (the Contract Time) are set forth in the Contract Documents and are accepted by the Bidder without exception or conditions.

9. LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in the Contract Documents.

10. SUBSTITUTE OR “OR-EQUAL” ITEMS

The various materials and products specified in the specifications by name or description are given to establish a minimum acceptable standard of quality and of cost for bid purposes. When proprietary names are used, and there does not follow a “listing” of acceptable approved manufacturers and/or products, then the proprietary named item must be included in the bid proposal without substitution.

When proprietary names are used, and there follows a “listing” of acceptable “approved” manufacturers and/or products, then the bidder may base the bid on either the proprietary product or any from the “listing”. Bidders may request approval prior to bid opening of non-listed items in accordance with the specifications. When proprietary names are used, and there are alternates on the bid form, then the bidder shall base his bid on the proprietary product or any from the “listing” of approved manufacturers and/or products. The bidder must furnish the specified or listed item regardless of whether or not they were included in his bid. The bidder shall be required to coordinate and pay for any conditions which are required to accommodate the listed or alternate item, including the reimbursement of other affected prime contractors.

No substitutions (alternatives) will be considered prior to receipt of Bids unless written request for approval has been received by the Architect only from prime Contract Bidders at least ten days prior to the date for receipt of Bids. Such requests shall be in accordance with substitution request procedure, and any other requirements at the Architect or Owner’s discretion.

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In order to prequalify, all alternative Manufacturers’ information should be submitted by a prime contract bidder and should include:

• Technical, warranty, and Manufacturer's data specified. A line-by-line comparison of all specified items in the Specification must be made. Submission must be made ten (10) days prior to Bid opening.

• Architect will review submission and any acceptable substitutions will be listed in an addendum.

All manufacturers not specifically approved by addendum shall not be considered.

• Only manufacturers that are qualified prior to the Bid Opening will be considered acceptable

Manufacturers.

10.1 The approval of a substitution shall be at the sole determination of the Architect and upon approval of the Owner, if a proposed substitution (alternative) is approved prior to receipt of Bids, such approval will be set forth in an addendum. Bidders shall not rely upon approvals in any other manner. If a proposed substitution is not specifically approved by addendum they are rejected.

10.2 No substitutions (alternatives) will otherwise be considered after the Contract award.

10.3 No substitutions (alternatives) will be considered for pre-bid approval later than ten (10) days before bids are due.

11. SUBCONTRACTORS, SUPPPLIERS, AND OTHERS

11.1 All subcontractors proposed for the project shall have been in business for a minimum of five

(5) years and must have a successful record of completing, at a minimum, five (5) projects of similar size and cost. Subcontractors must also have business insurance, workmen’s compensation, adequate resources of man power, tools and equipment and must be defined as an independent contractor by the IRS.

11.2 At the Owner’s request the identity of certain Subcontractors, Suppliers and other persons or organizations (including those who are to furnish the principal items of material and equipment) is to be submitted to Owner in advance by the apparent Successful Bidder, and any other Bidder so requested. Within five (5) days after the Bid Opening, the apparent Successful Bidder, and any other Bidder so requested shall submit to Owner a list of all such Subcontractors, Suppliers and other such persons or organizations proposed for those portions of the Work for which such identification is required. An experience statement shall accompany such list with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner and Architect, after due investigation, have reasonable objections to any proposed Subcontractor, Supplier, and other person or organization, then Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid Price.

11.3 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposed to use acceptable Subcontractors, Suppliers, 002113 - INSTRUCTIONS TO BIDDERS - 9 and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder.

12. BID FORM

12.1 THE BID FORM SHALL NOT BE ALTERED. ALTERED BID FORMS MAY BE CONSIDERED NON-

RESPONSIVE AND MAY BE REJECTED.

12.2 The Bid Form is included with the Bidding Documents; NO additional copies will be provided.

Bidders are to complete the bid forms electronically within PennBid.

12.3 All the blanks of the Bid Form must be completed electronically within PennBid.

12.4 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by the 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.

12.5 Bids by partnership 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.

12.6 All names must be provided in written words below the signature.

12.7 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). Properly issued Addenda shall be binding upon all Bidders, regardless of whether a Bidder fails to acknowledge receipt.

12.8 The address and telephone number for communications regarding the Bid must be shown.

12.9 If there is a discrepancy between the written words and numerical figures written on the bid form, the written words shall prevail.

13. SUBMISSION OF BIDS

Bids shall be submitted electronically via PennBid, accompanied by the Bid Security and non-collusion affidavit. Bids submitted by any other means shall not be considered. One copy of all Documents required to be submitted at the time of Bid shall be submitted as part of the uploaded “Supporting Documents”.

13.1 All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Project, shall apply to the Contract throughout.

13.2 The Bidder agrees to abide by the requirements of Executive Order 11246, specifically including the provisions of the Equal Opportunity Clause and the Standard Federal Equal Employment Construction Contract Specifications set forth in the Supplementary Conditions.

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13.3 The Bidder agrees to abide by the requirements of section 319 of Public Law 101-121, which pertains to lobbying activities and applies to recipients of contracts or subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. Each Bid shall be accompanied by a completed lobbying certification form identical to that included in the Bidding Documents.

13.4 The Bidder agrees to abide by the requirements under 2 CFR Part 417, which pertains to the debarment or suspension of a person from participating in a Federal program or activity.

14. MODIFICATIONS AND WITHDRAWAL OF BIDS

14.1 Bidders may modify or withdraw their bid within PennBid at any time prior to the due date and time listed within the Invitation to Bid.

14.2 Bids shall be irrevocable for SIXTY (60) days after the actual day of opening thereof unless delayed by the required approval of another governmental agency, the sale of bonds or the award of a grant, in which case, Bids shall be irrevocable for 120 days after Bid opening. Extensions of the date for the award of contract may be made by the mutual written consent of Owner and the lowest responsible and responsive Bidder.

14.3 Neither the designation of the apparent lowest responsible Bidder, nor the issuance of a Notice of Intent to Award to the Bidder so designated shall operate to release any other Bidder from its Bid. Each such other Bidder, unless earlier released from its Bid by specific action of the Owner, shall remain bound by its Bid until the earlier of (1) the date of actual execution by Owner of the Agreement Between Owner and Contractor with the Bidder whom the Award of Contract has been made, or (2) the expiration of the firm Bid period stipulated above.

14.4 Negligence by the Bidder in preparing his proposal confers no right of withdrawal or modification of his proposal after such proposal has been opened. No claims on account of mistakes or omissions of any proposal will be considered. Notwithstanding the above, a Bidder may withdraw his proposal within two (2) business days after the Bid opening time in accordance with the Public Contracts – Withdrawal of Bids Law, Act of January 23, 1974, P.L. 9, No. 4, 73 P.S. §1601 et seq., as amended. A Bid which has been opened may be withdrawn only in accordance with the causes set forth in said Act and for no other reasons. Strict compliance with said Act is required to withdraw a Bid after opening. The Owner shall keep the bid security as provided by the Bidder.

15. OPENING OF BIDS

Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the Base Bids and major alternate(s) (if any) will be made available to Bidders after the opening of the Bids via PennBid.

16. AWARD OF CONTRACT

16.1 The Owner’s intent is to enter into Contracts with the lowest responsible and qualified Bidders.

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Bid forms shall NOT BE ALTERED IN ANY MANNER. Owner reserves the right to reject any and all bids, to waive all informalities or technicalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids. Also, Owner reserves the right to 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, 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 Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the correct sum.

16.2 In evaluating Bids, Owner will consider the qualifications of such Bidders (see Article 3), 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.

16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons or organizations proposed for any portions of the Work requested by Owner. Owner 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.

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

16.5 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Intent to

Award within SIXTY (60) days after the day of Bid Opening unless delayed by the required approval of another governmental agency.

16.6 The Owner reserves the right to waive non-material defects in any bid if it determines that it is in its best interest to do so. The Owner reserves the right to reject all bids.

17. CONTRACT SECURITY & INSURANCE

The General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance, Payment Bonds and Insurance requirements.

17.1 The apparent low bidder shall furnish Payment and Performance Bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder in the form included in the Contract Documents within 10 days of the issuance of Notice of Intent to Award.

Other bond forms will not be accepted. Both Bonds shall be separately written, each in the amount of the Contract Sum with Power of Attorney attached naming “The United States of America, acting through the United States Department of Agriculture, Rural Development” as co-obligee. The cost shall be included in the Bid. Failure of the apparent low bidder to provide original executed Payment and Performance Bonds in the required form within the required time will result in forfeiture of the Bid Security.

18. SIGNING OF AGREEMENT

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When Owner issues Intent to Award to the Successful Bidder, the Bidder shall within ten (10) days thereafter, deliver to the Owner, four (4) original copies of the required Bonds and Insurance Certificates.

Within ten (10) days thereafter, the Architect will deliver four (4) agreements to Bidder. The Bidder shall sign the agreements and return all original documents to the Architect. The Architect will forward the agreements to the Owner for signature.