3-20261016 ADDENDUM 001.pdf

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Attached to
REBID - Norfolk Southern Double Railroad Bore and Sanitary System Upgrade
Solicitation number
US.258131
Issued by
Luzerne County, Pennsylvania

About this file

This addendum to a construction contract is issued by Greater Hazleton CAN DO Inc. in Luzerne County, Pennsylvania for the Norfolk Southern Double Railroad Bore and Sanitary Sewer System Upgrade project located at 1 South Broad Street, Hazleton, Pennsylvania. Addendum #001, dated October 16, 2026, modifies the project completion timeline to 210 consecutive calendar days from the Notice to Proceed date. The addendum includes revised bid forms and agreement forms that must be acknowledged by prospective bidders through the PennBid online portal; failure to acknowledge receipt may result in bidder disqualification. Bidders are required to have examined all contract documents including drawings, specifications, and previous addenda prior to bid submission.

The contract establishes a unit price bid structure with payment terms structured as progress payments throughout construction. Prior to 50% completion, the Owner will pay 90% of completed work and 90% of delivered materials not yet incorporated, with retainage increasing to 5% after the 50% completion milestone and continuing until substantial completion. The contract specifies liquidated damages of $1,000.00 per calendar day for work not completed within the 210-day contract period. All bids must include a bid bond equal to 10% of the total bid amount, and the successful contractor must furnish performance and payment bonds prior to contract award. The project engineer is Barry Isett & Associates, and the Owner is represented by Robert J. Dougherty, PE as Project Manager.

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Addendum

October 16, 2026 Addendum # 001 Project #: 329326.009

RE: GREATER HAZLETON CAN DO INC.

Norfolk Southern Double Railroad Bore and Sanitary Sewer System Upgrade

1 South Broad Street, Hazleton, PA 18201

Dear Prospective Bidders:

This Addendum shall be incorporated into the Contract Documents and shall take precedence over any instructions that conflict therein. All items contained herein shall be considered in preparation of your proposal for the subject Project. Acknowledge receipt of this Addendum in the space provided within the Bidder Acknowledgments – Questionnaires tab on PennBid. Failure to do so may subject

Bidder to disqualification.

This Addendum consists of one (1) page, plus attachments as noted.

GENERAL:

1.1. The completion date has been changed to 210 days from Notice to Proceed date.

ATTACHMENTS:

Bid Form 1 page Agreement Form 3 pages

Contractor shall acknowledge receipt of this Addendum in the space provided within the Bidder Acknowledgments – Questionnaires on PennBid.

Sincerely, Robert J. Dougherty, PE Project Manager Municipal Services

End of Addendum #001

Bid Form - 15

Greater Hazleton CAN DO, Inc.

Norfolk Southern Double Railroad Bore and Sanitary Sewer System Upgrade

BID FORM

(Notice: This bid must be executed in ink or by typed entries and it must not be removed from this document.)

Bid Proposal of:

(hereinafter called the "Bidder")

Organized and existing under the laws of the State of _________________ doing business as

* Insert a "corporation", "a partnership", or "an individual" as applicable.

To: Greater Hazleton CAN DO, Inc., 1 South Church St, Hazleton, PA 18201 (herein called the Owner).

1. Pursuant to and in compliance with the Advertisement and having carefully examined the Contract

Documents comprising the Drawings, Specifications and all other documents bound therewith, together with all Addenda thereto; and being familiar with the site and the various conditions affecting the work, the undersigned hereby offers all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper or incidental to the construction as required by and in strict accordance with applicable provisions of the Drawings and Specifications and of all Addenda issued by the Owner and mailed to the undersigned prior to the date for the opening of bids, whether received by the undersigned or not.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to his BID with any other BIDDER or with any competitor.

BIDDER hereby agrees that time is of the essence and to commence work under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the project within 210 consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $1,000.00 for each consecutive calendar day thereafter as provided in Section 15 of the General Conditions until the work is completed and accepted by the Owner.

TOTAL BID PRICE of:

$ DOLLARS

(Words) and CENTS ($ )

(Words) (Figures) as itemized hereinafter and including sales tax and all other applicable taxes and fees:

(Enter Total from Page 19)

Agreement − 12

AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT made as of the day of in the year by and Greater Hazleton

CAN DO, Inc., 1 South Church St, Hazleton, PA 18201 (hereinafter called the Owner) and

__ (hereinafter called the Contractor). WITNESSETH THAT OWNER AND CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - WORK

The CONTRACTOR shall perform all Work as specified or indicated in the Contract Documents for the completion of the Project generally described as follows:

Greater Hazleton CAN DO, Inc. – Norfolk Southern Double Railroad Bore and Sanitary Sewer System

Upgrade Plans Hazle Township, PA

ARTICLE 2 - ENGINEER

The Project has been designed by Barry Isett & Associates, 8 West Borad Street , Suite 1100, Hazleton, PA 18201, hereinafter identified as the Engineer. The OWNER or his authorized representative will act as ENGINEER in connection with completion of the Project in accordance with the Contract Documents.

ARTICLE 3 - CONTRACT TIME

The Work shall be completed within two hundred and ten (210) calendar days after the date when the Contract Time commences to run as provided in Section 2, Paragraph 2.5 of the General Conditions.

CONTRACTOR and OWNER both agree and recognize that time is the essence with respect to this agreement. The CONTRACTOR agrees to pay the OWNER as liquidated damages (but not as a penalty) the sum of ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) for each calendar day beyond the Contract Time until the work is completed and accepted by the OWNER.

ARTICLE 4 - CONTRACT PRICE

The OWNER shall pay the CONTRACTOR for the performance of the Work in accordance with the Contract Documents in current funds as follows:

AS PER THE ATTACHED UNIT PRICE BID BREAKDOWN FORMS

ARTICLE 5 - APPLICATIONS FOR PAYMENT

The CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions.

Applications for Payment will be reviewed by the ENGINEER as provided in the General Conditions.

ARTICLE 6 - PROGRESS AND FINAL PAYMENTS

Agreement − 13

The OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as approved by ENGINEER, on or about the end of each month during the construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for under the General Conditions.

6.1 Prior to Substantial Completion progress payments will be in an amount equal to:

90% of the Work completed, and

90% of material and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made until the Work is 50% complete.

6.2 After the Work is 50% complete, the OWNER shall pay an amount sufficient to increase the total payments to the CONTRACTOR to 95% of the Work Completed, less retainages as the ENGINEER shall determine in accordance with Section 14, Paragraph 14.4 of the General Conditions.

6.3 The sum or sums withheld by the OWNER from the CONTRACTOR after the Contract is 50% completed shall not exceed 5% of the amount due the CONTRACTOR on the remaining Work except as noted in Section 14, Paragraph 14.4 of the General Conditions.

6.4 When the Project is substantially complete (operational or beneficial occupancy), the OWNER will pay an amount sufficient to increase the total payments to the CONTRACTOR above 95% of the Contract Price, less retainages as the ENGINEER shall determine in accordance with Section14, Paragraph 14.4 of the General Conditions.

6.5 Anything hereinabove to the contrary notwithstanding, the unpaid balance shall at all times, in the judgment of the Engineer, be sufficient to complete the Work and to pay any and all unpaid liens or claims for which the Contractor may be responsible hereunder, and the Owner is hereby irrevocably authorized to withhold such sum from any and all payments otherwise payable hereunder.

6.6 Upon the final completion of the Work, settlement of all claims, and upon provision to the Owner of all final releases and documents as provided in the Contract Documents to the satisfaction of the OWNER, the OWNER shall pay the remainder of the Contract Price to the Contractor.

ARTICLE 7 - CONTRACT DOCUMENTS

The Contract Documents which comprise the Contract between the OWNER and the CONTRACTOR are made a part hereof and includes but is not limited to the following:

7.1 This Agreement

7.2 Exhibits to this Agreement

7.3 CONTRACTOR'S Bid and Bonds

7.4 Notice of Award

7.5 Notice to Bidders

7.6 General Conditions

7.7 Technical Specifications

7.8 Drawings

Agreement − 14

7.9 Addenda numbers _____ to _____, inclusive

7.10 Any Modifications, including Change Orders, duly delivered after the execution of this Agreement.

ARTICLE 8 - MISCELLANEOUS

8.1 Any terms used in this Agreement which are defined in Section 1 of the General Conditions shall have the meanings indicated in the General Conditions.

8.2 Neither the OWNER nor the CONTRACTOR shall, without the prior written consent of the other, assign or sublet in whole or in part his interest under any of the Contract Documents; and specifically, the CONTRACTOR shall not assign any monies due or to become due without the prior written consent of the OWNER.

8.3 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements, and obligations contained in the Contract Documents.

8.4 The Contract Documents constitute the entire agreement between the OWNER and the

CONTRACTOR, and may only be altered, amended, or repealed by a duly executed written instrument.

ARTICLE 9 - OTHER PROVISIONS

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

OWNER: Greater Hazleton CAN DO, Inc. CONTRACTOR:

BY:

BY:

(Corporate Seal)

(Corporate Seal)

ATTEST:

ATTEST:

GENERAL:

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