3-Garfield Avenue Sanitary Sewer Extension Specs.pdf

NORTH MANHEIM TOWNSHIP AUTHORITY

NORTH MANHEIM TOWNSHIP, SCHUYLKILL COUNTY,

PENNSYLVANIA

SPECIFICATIONS

FOR

GARFIELD AVENUE SANITARY SEWER EXTENSION

AUGUST 2025

Prepared by:

1032 James Drive • Leesport, PA • 19533

Tel (610) 916-8500 • Fax (610) 916-8501 • sde@sdei.net

21-0140-0236

SCHUYLKILL COUNTY, PENNSYLVANIA

INDEX

SECTION DESCRIPTION PAGES

• INDEX ……………………………………………………………………………………………………………..…... 1 thru 4

• ADVERTISEMENT FOR BIDS ……………………………........................................................ 1 and 2

• INSTRUCTIONS TO BIDDERS (EJCDC C-200) ……………………………………………………….… 1 thru 14

• BID FORM & NON-COLLUSION AFFIDAVIT ……………………..…………………………………... 1 thru 22

• QUALIFICATIONS OF BIDDER QUESTIONNAIRE …………………….………………………….…. 1 thru 6

• BID BOND (EJCDC C-430) ……………………………………………………..……………………………... 1 and 2

• NOTICE OF INTENT TO AWARD …………………………………………………………………………… 1

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM ……………………………………….…

CONTRACTOR’S STATEMENT OF COMPLIANCE WITH CDL TESTING

PROGRAM REQUIREMENTS ……………………………………………….……………………..……..

• NOTICE OF AWARD (EJCDC C-510) …………………………………………………..……………….… 1

• AGREEMENT (EJCDC C-520) ……………………………………………………………..……………….… 1 thru 7

• NOTICE TO PROCEED (EJCDC C-550) …………………………………………………..…..……….…. 1

• PERFORMANCE BOND (EJCDC C-610) ………..……….…………………………………………....... 1 thru 4

• PAYMENT BOND (EJCDC C-615) ....…………..……….………………………………………..……….. 1 thru 3

• CERTIFICATE OF SUBSTANTIAL COMPLETION (EJCDC C-625) ………………………………. 1 and 2

• GENERAL CONDITIONS (EJCDC C-700) ………………………………………………..…………….… 1 thru 68

• SUPPLEMENTARY CONDITIONS (EJCDC C-800) ………………………………..……………….… 1 thru 26

• WORK CHANGE DIRECTIVE (EJCDC C-940) …………………………………………………….….. 1

• CHANGE ORDER (EJCDC C-941) …………………………………………………………...…..……….… 1

• FIELD ORDER (EJCDC C-942) ………………………………………………………………….……….…… 1

• APPLICATION FOR PAYMENT ………………………………………………………………………...…… 1 and 2

• ADDENDA

• TECHNICAL SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

01010 Summary of Work

01011 General Technical Specifications

01045 Cutting and Patching

01300 Submittals

01310 Construction Schedules

01340 Shop Drawings, Product Data and Samples

01370 Schedule of Values and Applications for Payment

01400 Quality Control

01500 Construction Facilities and Temporary Controls

01505 Mobilization/Demobilization

01600 Material and Equipment

01700 Contract Closeout

01710 Cleaning and Adjusting

01740 Warranties and Bonds

DIVISION 2 – SITE WORK

02110 Clearing and Grubbing

02141 Dewatering and Drainage of Excavation

02161 Trench Safety Systems

02221 Excavation, Trenching and Backfilling for Utilities

02224 Shoring

02510 Bituminous Concrete Paving

02522 Concrete Sidewalks

02560 Erosion and Sediment Control

02580 Pavement Markings

02605 Manholes

02731 Sanitary Sewers

02900 Landscaping

DIVISION 3 – CONCRETE

03100 Concrete Formwork

03200 Concrete Reinforcement

03251 Construction, Expansion and Contraction Joints

03300 Cast-in-Place Concrete

03301 Concrete for Utility Construction

03370 Concrete Curing

• APPENDICES

APPENDIX “A” Affidavit of Release of Liens and Final Waiver of Liens

APPENDIX “B” Consent of Surety to Final Payment

APPENDIX “C” Pennsylvania Prevailing Wage Rates and Associated Notes and

Definitions

APPENDIX “D” Nondiscrimination/Sexual Harassment Clause

APPENDIX “E” Borough of Schuylkill Haven Pole Relocation Site Plan (Drawing

No. ESK-1)

APPENDIX “F” DEP PAG-02 NPDES Authorization to Discharge Permit No. PAC-

54-0140

APPENDIX “G” DEP PA Programmatic General Permit 6 No. GP055402223-001

APPENDIX “H” PennDOT Highway Occupancy Permit No. 05062614

• CONTRACT DRAWINGS

CONSTRUCTION DRAWINGS

Sheet No. Drawing No. Description

1 G001 Title Sheet

2 G002 General Notes

3 G003 General Notes

4 G004 Index Plan

5 C101 Plan & Profile

6 C102 Plan & Profile

7 C103 Plan & Profile

8 C104 Plan & Profile

9 C105 Plan & Profile

10 C106 Metering Manhole Plan & Details

11 C501 Details

12 C502 Details

Sheet No. Drawing No. Description

13 C601 E&S Control Plan I

14 C602 E&S Control Plan II

15 C603 E&S Control Notes & Details

16 C604 E&S Control Details

17 C901 Post-Construction Stormwater Management Plan

18 C902 Post-Construction Stormwater Management Plan

PENNDOT HOP DRAWINGS

Sheet No. Description

1 Cover Sheet

2 General Notes

3 General Notes

4 Proposed Improvement Plan

5 SR 2006 Road Centerline Profile

6 Additional Sanitary Sewer Profiles

7 Details

SCHUYLKILL COUNTY, PENNSYLVANIA

GARFIELD AVENUE SANITARY SEWER EXTENSION

ADVERTISEMENT FOR BIDS

North Manheim Township Authority, Schuylkill County, PA will receive sealed bids online via PennBid until 5:00 PM prevailing time on October 10, 2025, for the Garfield Avenue Sanitary Sewer Extension. Bids shall be uploaded to PennBid. Bids will be opened, and consideration of the apparent low Bidder will be at the regular scheduled Authority Meeting to be held at 6:30 PM on October 14, 2025, at the North Manheim Township Building located at 303 Manheim Road, Pottsville, PA 17901. Questions will be accepted until 4:00 PM, prevailing time, on October 3, 2025; All questions must be submitted through PennBid.

Additional information, project requirements, bid documents and solicitation details are available at no cost on PennBid website - www.PennBid.net. All bidders must submit bid security and adhere to all bid requirements as indicated within the Project Specifications.

The project involves extending the existing sanitary sewer beginning on Garfield Avenue in North Manheim Township to W 2nd Mountain Road and associated connecting streets including, but not limited to, approximately 4,830 LF of 8-inch PVC sanitary sewer, 35 EA of 4-foot diameter precast concrete manholes, wyes, laterals, cleanouts, utility coordinate, traffic control and associated site restoration.

A non-mandatory pre-bid conference will be held on September 25, 2025, at 10:00 AM at the North Manheim Township Building.

No bid may be withdrawn for a period of sixty (60) days after the above-specified date for receiving, opening, and reading of bids, except as specifically may be provided by law. If the award is delayed by an approval of another government agency, the sale of bonds, or the award of a grant or grants, the Owner shall reject all bids or award the Contract to the lowest responsible Bidder within one-hundred twenty (120) days of the date of bid opening. Thirty (30) day extensions of the date for the award may be made by the mutual written consent of the Owner and the lowest responsible Bidder.

It is a requirement of this Contract that at least 50% of the Work be performed by prime Bidder’s own workforce, not by subcontractor(s).

Each bid must be accompanied by a Certified Check or Surety Company's Bid Bond on the form provided in the Bid Documents, naming as payee or Obligee, North Manheim Township Authority in the amount of ten percent (10%) of the total bid submitted. The Surety Company must be acceptable to the Authority.

All Contracts exceeding $10,000.00 shall be performed in compliance with Executive Order 11246, entitled, “Equal Employment Opportunity,” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR Part 60). In addition, all Contractors shall comply with the “Nondiscrimination/Sexual Harassment Clause” as required by Pennsylvania Executive Order 2016-05.

The Bidder and all subcontractors must be prequalified by PennDOT for the type of project work specified in order to bid the project, and PennDOT prequalification certificates must be submitted by the Bidder and all subcontractors. The qualification documentation listed in Article 3 in the Instructions to Bidders must be submitted with the bid.

This project will be financed in full or in part by the Pennsylvania Infrastructure Investment Authority

(PENNVEST).

This agreement is for services related to a project that is subject to the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.

Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022.

North Manheim Township Authority reserves the right to waive any informalities in, or to reject any or all bids, and to delete any item or portion of an item without affecting the bids on the remaining items or portion of items. The above invitation to Bidders is made for the benefit of North Manheim Township Authority and no rights shall be deemed to accrue to any person making a bid by reason of the submission of any bid hereunder or by waiver or non-enforcement of any provision of requirement of this invitation.

North Manheim Township Authority, Schuylkill County Marcie Schultz, Authority Representative

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

Bidders.docx

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

ARTICLE 23 – Retainage

ARTICLE 24 – PERFORMANCE BOND, PAYMENT BOND, AGREEMENT, INSURANCE, SCHEDULE OF VALUES, and PENNDOT HIGHWAY RESTORATION AND MAINTENANCE BOND (as applicable)

ARTICLE 25 – PENNSYLVANIA PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

ARTICLE 26 – AVAILABILITY OF APPROPRIATED FUNDS

ARTICLE 27 – STEEL PRODUCTS PROCUREMENT ACT

ARTICLE 28 – CDL PROGRAM CONTRACTOR’S STATEMENT OF COMPLIANCE

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

Bidders.docx

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued. The issuing office for this Project is Systems Design Engineering, Inc., 1032 James Drive, Leesport, PA

19533.

B. Owner – North Manheim Township Authority.

C. Successful Bidder – The lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

D. PennBid – Bid management program, which is being used for bid solicitation for the Project.

PennBid’s web address is https://pennbid.bonfirehub.com/.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained online at no cost via the PennBid

Program (https://pennbid.bonfirehub.com/)

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 with the Bid (a) the Qualifications of Bidder Questionnaire (included within the Bid Documents) establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the Commonwealth of Pennsylvania.

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

C. Subcontractor and Supplier qualification information; coordinate with provisions of Article

12 of these Instructions, “Subcontractors, Suppliers, and Others.”

D. Maintains a permanent place of business with at least five (5) years and preferably ten (10) years’ experience with similar work;

E. Has adequate equipment to do the Work properly and expeditiously.

F. Has successfully completed projects of similar character and magnitude of the Work (provide a list of projects completed within the past 5 years, including the Contract date and a

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to description of the work items, quantities, county where Project is located and the total bid price).

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information shall prejudice the right of the Owner to seek additional pertinent information regarding Bidder’s qualifications. In particular, Bidders shall be prepared to submit a copy of their latest financial statement within 24 hours of bid opening if requested by the Owner/Engineer.

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

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

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

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

4.02 Existing Site Conditions There are No Reports or Drawings of the type referred to in this representation available for this Project.

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. Those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

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

c. Reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner shall make copies of reports and drawings referenced above available to any

Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions shall apply.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

4. Geotechnical Baseline Report: The Bidding Documents do not contain a Geotechnical

Baseline Report (GBR).

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and

Engineer by Owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and

Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the

Site, if any, and possible changes in the Contract Documents due to any Hazardous

Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder may conduct any subsurface testing, or investigations of Site conditions as Bidder may find necessary to prepare their bid in addition to the information supplied by Owner.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner shall provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner shall not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on

Owner’s authority regarding the Site.

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

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

4.04 Owner’s Safety Program

A. Site visits and performance of all Work at the Site are undertaken by the Contractor and

Subcontractors at their own risk. The Contractor and Subcontractors are responsible for implementing their own safety program, and agree to hold harmless the Owner and Engineer against any injuries or damages that may occur during site visits or the performance of all

Work.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other prime contractors) and relates to the

Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other Work, then on request, Owner shall provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to

Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the

Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

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

and

J. agree that the submission of a Bid shall constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the

Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-bid conference shall be held at the time and location stated in the advertisement to bid.

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

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents shall be submitted in writing via PennBid’s “Clarification” feature. Interpretations, or clarifications, considered necessary by

Engineer in response to such questions, will be issued by Addenda and posted within PennBid’s

“Documents” tab. Questions received later than ten calendar days prior to the date for opening of Bids, or the deadline, if any, indicated on the Invitation to Bid, may not be answered. Only questions submitted and answered through PennBid, and by formal written Addenda issued through PennBid will be binding. Oral statements, interpretations, or clarifications will not be binding, or legally effective. Neither the Owner nor the Engineer shall be responsible for the failure of any Bidder to receive notice of or to read the Addenda posted by the Engineer. Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

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

7.03 Any questions answered outside of the parameters described above are neither valid, nor binding upon the Owner.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10) percent of Bidder’s maximum Bid price (determined by adding the Base Bid, all alternate, and all supplemental bid items) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of

Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 If the Project contains more than one (1) Contract, and the Bidder is bidding on more than one (1)

Contract, a single Bid bond equaling the combined amounts for the Contracts being bid may be submitted in lieu of separate Bid bonds for each Contract.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

8.03 The Bid security of the apparent Successful Bidder shall be retained until Owner awards the

Contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Intent to Award, whereupon the Bid security shall be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within ten (10) days after the

Notice of Intent to Award, Owner may consider Bidder to be in default, annul the Notice of Intent to Award, and the Bid security of that Bidder shall be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.04 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the

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

Bidders shall be released.

8.05 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award shall be released within seven (7) days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in Article 4 of the Agreement. For the purpose of scheduling the Work, it is anticipated, but not guaranteed, that the Notice to Proceed will be issued in June 2024.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in Article 4 of the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, shall be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by

Addendum. No item of material or equipment shall be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least ten (10) days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions and must be listed on the prequalified materials list in the appropriate PennDOT Bulletin, latest edition for PennDOT related projects. The burden of proof of the merit of the proposed item is upon

Bidder. Engineer’s decision of approval or disapproval of a proposed item shall be final. If Engineer approves any such proposed item, such approval shall be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor shall furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

11.03 Any request for substitute or “or equal” shall include the Manufacturer’s Certification of compliance with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or

Contractor to retain any Subcontractor, Supplier, or other individual or entity against which

Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall submit with the bid the list of Subcontractors or Suppliers proposed unless permitted otherwise, then within five (5) days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed.

12.04 If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such

Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price shall be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating

Bids and making the Contract award.

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

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions shall 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 shall be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. Bidders shall complete the electronic Bid Form in PennBid, inclusive of all required supporting documents as identified herein. A Bid price shall be indicated for each section, Base Bid item, Alternate and Supplemental Bid item, adjustment unit price item, and unit

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to price item listed therein. A Bid price shall be indicated for each section, Base Bid item, Alternate and Supplemental Bid item, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific Alternate or

Supplemental item is optional, and Bidder elects to not furnish pricing for such optional

Alternate or Supplemental item, then Bidder may select the “No Bid” checkbox next to that line.

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

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

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

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

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

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

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the

Commonwealth of Pennsylvania, 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

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis for each lump sum item of Work listed in the

Bid Form.

14.02 Unit Price

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

Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item shall be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the

Bidder. The total of all unit price Bid items shall be the sum of these “Bid Prices”; such total shall be used by Owner for Bid comparison purposes. The final quantities and Contract Price shall be determined in accordance with Paragraph 13.03 of the General Conditions.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

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

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for

Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General

Conditions.

14.04 Submission of a Complete Bid

A. The Bidder shall submit a cost for all items listed on the Bid Form, unless specifically noted otherwise.

ARTICLE 15 – SUBMITTAL OF BID

15.01 A Bid may be withdrawn or modified at any time within PennBid prior to the due date and time identified in the Invitation for Bids.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn prior to the date and time for the opening of Bids.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must “withdraw and edit” its initial

Bid within PennBid and submit a new Bid prior to the date and time for the opening of Bids. More than one Bid for the same Work from an individual or entity under the same or different names will not be considered.

16.03 If within 48 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 shall be returned. Thereafter, if the Work is rebid, that Bidder shall be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 A summary of bids received will be displayed on PennBid immediately after bid opening, the time of which is listed in the Invitation to Bid. It should be noted that bid results are subject to further review and should not be construed as issuance of an award. The consideration of the apparent low bidder will be at a specially scheduled Authority meeting on September 11, 2023, at 7:00 P.M.

An abstract of the amounts of the Base Bids and major alternate and supplemental bid items, if any, shall be made available to Bidders after the opening of Bids.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids shall 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 shall reject the Bid of any Bidder that

Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner shall reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 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 shall be awarded by the

Owner to the lowest responsible Bidder within sixty (60) days of the date of bid opening, or all bids shall be rejected except as otherwise provided. If the award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant or grants, the Owner shall reject all bids or award the Contract to the lowest responsible Bidder within one-hundred twenty (120) days of the date of bid opening. Thirty (30) day extensions of the date for the award may be made by the mutual written consent of the Owner and the lowest responsible Bidder.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner shall consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the

Bid Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids shall be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

19.04 In evaluating whether a Bidder is responsible, Owner shall consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 In evaluating whether a Bidder is qualified, Owner may consider any Bidder who has demonstrated poor performance during either a present or previous contract with the Owner to be unqualified and reject their bid accordingly. The Owner reserves the right to exercise this option as is deemed proper and/or necessary.

19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. By submitting a Bid, Bidders consent to the release to the Owner of any and all information deemed necessary by the Owner to allow for such investigation.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

19.07 If the Contract is to be awarded, Owner shall award the Contract to the responsible Bidder whose

Bid is in the best interests of the Project, conforming with all material terms and conditions of the

Instructions to Bidders, is the lowest price and other factors considered.

19.08 Bidders shall note that the Owner reserves the right to award the Contract(s) to the lowest responsible Bidder respectively as follows (as applicable): Base Bid only, Base Bid with Alternate

Bid items only, Base Bid with Supplemental Bid items only, Base Bid with Supplemental Bid items and Alternate Bid items, Base Bid all Contracts combined, or Base Bid Contracts individually, as may be applicable and as noted on the Bid Form. The Owner reserves the right to delete portions of the Project listed under the Base Bid Items, Alternate Bid Items, or Supplemental Bid Items for

Work under the Contract(s) based upon budget constraints. Each Bidder shall bid accordingly.

19.09 The lowest responsible Bidder must comply with the Public Works Employment Verification Act by submitting a Public Works Employment Verification Form to the Municipality prior to award of each Contract. The Form and relevant information can be found on the Department of General

Services’ web site at www.dgs.state.pa.us. A copy of the Public Works Employment Verification

Form has also been included in the Contract Documents.

ARTICLE 20 – BONDS AND INSURANCE

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

Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by the required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues the Notice of Intent to Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract

Documents as identified in the Agreement. Within ten (10) days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds.

insurance documentation, and other documentation required to be delivered by the Contract

Documents) to Owner.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner may be exempt from Federal Excise and Pennsylvania sales and use taxes on certain materials and equipment to be incorporated in the Work. Said taxes shall not be included in the

Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 – RETAINAGE

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to

ARTICLE 24 – PERFORMANCE BOND, PAYMENT BOND, AGREEMENT, INSURANCE, SCHEDULE OF

VALUES, AND PENNDOT HIGHWAY RESTORATION AND MAINTENANCE BOND (AS

APPLICABLE)

24.01 The Successful Bidder shall, within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” the Contract to such Bidder, furnish to the Owner an executed Performance

Bond, in the form set forth in the Contract Documents, with corporate surety guaranteeing that the Work shall be done according to the Contract Documents. The Performance Bond shall be in the amount of ONE-HUNDRED PERCENT (100%) of the Contract Price.

24.02 In addition to the Performance Bond the successful Bidder shall, within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” the Contract to such Bidder, furnish to the Owner an executed Payment Bond, in the form set forth in the Contract Documents, with corporate surety conditioned for the prompt payment for all material furnished and labor supplied or performed in the prosecution of the Work, whether or not the said material or labor entered into and became component parts of the Work or improvement contemplated by the

Contract Documents. The Payment Bond shall be in the amount of the ONE-HUNDRED PERCENT

(100%) of the Contract Price.

24.03 Bidders shall also note, the Successful Bidder within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” shall furnish to the Owner an executed Agreement, in the form set forth in the Contract Documents and the required Insurance Certificates as set forth in the Contract Documents naming all as required to be additional insured.

24.04 Corporate Surety of Sureties shall be approved Company or Companies authorized to do business in Pennsylvania as required by Public Works Contractor’s Bond Law of 1967, approved on

December 20, 1967 (P.O. 191, et seq.).

24.05 In addition to the Bonds, Agreement and Insurance, the successful Bidder, if requested, shall furnish an electronic Schedule of Values to the Owner and Engineer.

24.06 If the Project Work is being performed under a PennDOT Highway Occupancy Permit, Bidders shall also note that the successful Bidder shall, within ten (10) calendar days from the date of receipt of the “Notice of Intent to Award” of the Contract to such Bidder, furnish to the Owner, as applicable, an executed Highway Restoration and Maintenance Bond on the PennDOT Form M-

945K with Corporate Surety along with successful Bidder held and bound unto the

Commonwealth of Pennsylvania, Department of Transportation in the full and just sum required, as approved by PennDOT for the Work required as part of the Highway Occupancy Permit for this

Project.

ARTICLE 25 – PENNSYLVANIA PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

25.01 The Commonwealth of Pennsylvania enacted Act 127 of 2012 (43 P.S. Sections 167.1 – 167.11, effective January 1, 2014), known as the Public Works Employment Verification Act (‘the Act’) which requires all public works contractors and subcontractors to utilize the Federal

Government’s E-Verify system to ensure that all employees performing work on public works projects are authorized to work in the United States.

25.02 The Act provides that, as a precondition of being awarded a contract for a public work, a public works contractor shall provide the public body with a Verification Form acknowledging its

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

I:\Projects\NMTA\21-0140-0236 Garfield Avenue Sewer Extension\02 - Bid Phase\Specifications\Front\Draft\4 - C-200 Instructions to responsibilities under, and its compliance with, the Act. The Verification Form shall be signed by a representative of the public works contractor who has sufficient knowledge and authority to make the representations and certifications contained in the Verification Form. Failure to file a

Verification Form in compliance with these instructions shall result in the disqualification of the bid.

25.03 The successful Contractor(s) and all subcontractors shall…