3-Project Manual Ghost Town Trail Twin Rocks Trail Repairs.pdf

PROJECT MANUAL

CAMBRIA COUNTY CONSERVATION &

RECREATION AUTHORITY

Cambria County, Pennsylvania

GHOST TOWN TRAIL 2024 STORM REPAIRS

(TWIN ROCKS TRAIL REPAIRS)

MAY 2026

Prepared by:

THE EADS GROUP, INC.

1126 Eighth Avenue

Altoona, Pennsylvania 16602 Phone: (814) 944-5035

EADS Project No. 0120-25-230

[THIS PAGE LEFT INTENTIONALLY BLANK.]

EADS Project No. 0120-25-230

CAMBRIA COUNTY CONSERVATION & RECREATION AUTHORITY

GHOST TOWN TRAIL 2024 STORM REPAIRS (TWIN ROCKS TRAIL REPAIRS)

000110 TABLE OF CONTENTS

Section Description Page Numbers

001113 Advertisement for Bids 001113-1

002115.12 Instructions to Bidders 002113.12-1 to 002113.12-10

Bid Documents:

004143 Bid Form 004143-1 to 004143-6

004313 Bid Bond 004313-1 to 004313-2

004513 Qualifications Statement 004513-1 to 004513-11

004519 Non-Collusion Affidavit of Prime Bidder 004519-1

004533 Certification of Non-Segregated Facilities & Illegal Alien Labor 004533-1

004546.13 Public Works Employment Verification Form 004546.13-1

004546.14 Small-MBE-WBE Affirmative Steps Certification 004546.14-1

004546.21 Certification for Contracts, Grants, Loans & Co-Op Agreements 004546.21-1

004546.22 Certification Regarding Disbarment, Suspension, Ineligibility, and

Voluntary Exclusion -Lower Tier Covered Transactions 004536.22-1 – 004536.22-2

004546.24 Build America, Buy America Contractor’s Self-Certification (FEMA) 004546.24-1

Award Documents:

005100 Notice of Award 005100-1

005213.12 Agreement Between Owner & Contractor 005213.12-1 to 005213.12 -7

005500 Notice to Proceed 005500-1

006113.13 Performance Bond 006113.13-1 to 006113.13-3

006113.16 Payment Bond 006113-1 to 006113-4

Construction & Closeout Documents:

006250 Waiver of Lien 006250-1 to 006250-3

006276 Contractor’s Application for Payment 04 pages

006336 Field Order 006336-1

006349 Work Change Directive 006349-1

006363 Change Order 006363 -1

006516 Certificate of Substantial Completion 006516 -1

006517 Notice of Acceptability of Work 006517-1 to 006517-2

006519.16 Affidavit of Payment & Release of Liens 006519.16-1

006519.26 Acceptance of Final Payment & General Release 006519.26-1

Contract Conditions:

007213.12 Standard General Conditions of the Construction Contract 61 pages (EJCDC C-700)

007314 Supplementary Conditions 007314-1 to 007314-17

Attachments to the Supplementary Conditions:

Build America, Buy America (BABA) Initial Implementation Guidance on

Application of Buy America Preference, dated 04/18/2022 17 pages

Pennsylvania Prevailing Wage Rates 06 pages

DETAILED TECHNICAL SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary 011000-1 to 011000-2

012000 Price and Payment Procedures 012000-1 to 012000-7

012500 Substitution Procedures 012500-1 to 012500-2

EADS Project No.

CAMBRIA COUNTY CONSERVATION & RECREATION AUTHORITY

GHOST TOWN TRAIL 2024 STORM REPAIRS (TWIN ROCKS TRAIL REPAIRS)

000110 TABLE OF CONTENTS (Continued)

Section Description Page Numbers

Table of Contents 000110 - 2

013000 Administrative Requirements 013000-1 to 013000-3

013216 Construction Progress Schedule 013216-1 to 013216-3

013300 Submittal Procedures 013300-1 to 013300-7

014000 Quality Requirements 014000-1 to 014000-4

015000 Temporary Facilities and Controls 015000-1 to 015000-7

016000 Product Requirements 016000-1 to 016000-2

017000 Execution and Closeout Requirements 017000-1 to 017000-6

DIVISION 31 – EARTHWORK

310513 Soils for Earthwork 310513-1 to 310513-4

310516 Aggregates for Earthwork 310516-1 to 310516-3

311000 Site Clearing 311000-1 to 311000-4

312213 Rough Grading 312213-1 to 312213-5

312316 Excavation 312316-1 to 312316-5

312317 Trenching 312317-1 to 312317-5

312318 Rock Removal 312318-1 to 312318-2

312323 Fill 312323-1 to 312323-5

312513 Erosion Controls 312513-1 to 312513-5

DIVISION 32 - EXTERIOR IMPROVEMENTS

321123 Aggregate Base Courses 321123-1 to 321123-3

329119 Landscape Grading 329119-1 to 329119-3

329219 Seeding 329219-1 to 329219-9

329300 Landscape Work 329300-1 to 329300-9

DIVISION 33 - UTILITIES

330516 Utility Structures 330516-1 to 330516-8

334100 Storm Utility Drainage Piping 334100-1 to 334100-7

CONTACTS:

Bid Documents, Plans, Specifications, Bidders List, Vendors, Suppliers, Etc.

PennBID website : https://pennbid.bonfirehub.com

Engineering Daniel J. Beyer, P.E., Department Manager Phone: (814) 944-5035 ext. 136

E-Mail: dbeyer@eadsgroup.com

Administrative Cheryl J. Hengst, Department Assistant Phone: (814) 944-5035 ext. 120 Fax: (814) 944-4862 E-Mail: chengst@eadsgroup.com https://pennbid.bonfirehub.com/ mailto:dbeyer@eadsgroup.com

ADVERTISEMENT FOR BIDS

Advertisement for Bids 001113 - 1 This document is a MODIFIED version of EJCDC® C-111, Copyright © 2013

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

CAMBRIA COUNTY CONSERVATION & RECREATION AUTHORITY

GHOST TOWN TRAIL 2024 STORM REPAIRS (TWIN ROCKS TRAIL REPAIRS) PROJECT

ADVERTISEMENT FOR BIDS

Cambria County Conservation & Recreation Authority (Owner) will receive sealed Bids online via PennBid for the construction of the Ghost Town Trail 2024 Storm Repairs (Twin Rocks Trail Repairs) Project, until 11:00 A.M., prevailing time on Friday, June 12, 2026, at which time they shall be opened online and publicly posted via PennBid.

Bids submitted by any other means will not be accepted.

All documents and solicitation details are available at no cost on PennBid – www.PennBid.net. Questions and inquiries should be addressed through PennBid’s “Clarifications” tab.

Contract Description: The Ghost Town Trail 2024 Storm Repairs (Twin Rocks Trail Repairs) project consists of construction of the installation of stormwater pipe, approximately 8,000 feet of trail restoration, 1,190 feet of ditch cleaning, erosion and sedimentation controls, and restoration work. Work under this contract shall include all materials, equipment, supplies, and labor for the construction as shown and specified in the Contract Documents.

The project is located in Jackson Township, Cambria County, Pennsylvania.

The project may be financed in part by PEMA, FEMA and local funds. The obligations imposed on the Owner by the financing agency shall apply to and be acceptable to the successful bidder(s). Bidders must comply with all State anti-bid-rigging regulations pertaining to work associated with this project and will be required to submit an executed non-collusion affidavit with the bid.

Bid security shall be furnished in accordance with the Instructions to Bidders. Prior to the award of the contract, the successful bidder shall furnish a satisfactory Performance Bond and a Labor and Material Payment Bond to the Owner, in the form contained in the Contract Documents and executed by a satisfactory circular 570 listed surety, each equal to

100% of the total contract amount. The bidder will also furnish evidence of insurance coverage as required by the contract documents.

Bidders for this contract shall have completed projects similar in character and scope and will be required to provide with their bid a completed Statement of Bidders Qualifications and Equipment List in the forms prescribed in the Contract

Documents. The Contractor shall adhere to the provisions of the Pennsylvania Prevailing Wage Rates as set forth in the Contract Documents. The Contractor shall also comply with the provisions of the Act of March 3, 1978 (P.L. 6, No. 3 known as the “Steel Procurement Act”).

The successful bidder will be required to complete all work by October 31, 2026.

The Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

Owner: Cambria County Conservation & Recreation Authority

Date: May 15, 2026

INSTRUCTIONS TO BIDDERS

Instructions to Bidders 002113.12 - i This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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.

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 – THIS SECTION NOT USED INTENTIONALLY

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 – Steel Products Procurement Act

ARTICLE 24 – Minimum Hourly Wage Rates

ARTICLE 25 – Non-Discrimination/Sexual Harassment Clause

ARTICLE 26 – Additional bid information

ARTICLE 27 – Employee Testing Act

ARTICLE 28 – Americans With Disabilities Act

ARTICLE 29 – Anti-Pollution Regulations

ARTICLE 30 – Pennsylvania Right-To-Know Law

ARTICLE 31 – Public Works Employment Verification Act

ARTICLE 32 – Project Funding Requirements

Instruction to Bidders 002113.12 - 1

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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

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.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. Bidding documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com). It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the

Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established PennBid for posting of Bidding Documents as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register with PennBid at https://pennbid.bonfirehub.com/, and obtain a complete set of the Bidding Documents from such website.

Bidders may rely that sets of Bidding Documents obtained from PennBid are complete unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from PennBid. Bidders may rely that sets of

Bidding Documents obtained from PennBid are complete unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Bidders shall have successfully completed projects similar in character and scope.

3.02 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence 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 state where the Project is located.

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. Qualifications Statement (EJCDC C451).

3.03 A Bidder’s failure to submit required qualification information with its Bid may disqualify Bidder from receiving an award of the Contract.

3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

Instruction to Bidders 002113.12 - 2

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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

3.05 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

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 will 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 will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent 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.

Instruction to Bidders 002113.12 - 3

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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

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 is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will 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 will 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 work at the Site may be governed by an Owner safety program. As the General

Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary

Conditions.

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 will 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;

Instruction to Bidders 002113.12 - 4

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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

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;

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 will 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, if any, will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project.

Bidders are encouraged to attend and participate in the conference. Engineer will transmit 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 will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding

Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to

Engineer electronically via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com/.

7.02 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda via the PennBid portal. Bidders who have registered with and downloaded documents from PennBid will be notified by email when an addendum has been posted. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.03 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of

Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a

Instruction to Bidders 002113.12 - 5

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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 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 The Bid security of the apparent Successful Bidder will 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 Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 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 61 days after the Bid opening with an additional 60 days if needed if the award is delayed by the required approval of another government agency, the sale of bonds, or the award of a grant, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9 – CONTRACT TIMES

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

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 the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents with consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may be made to and may be considered by Engineer. The burden of proof rests with the prime bidders. Adequate supporting information must be submitted to the Engineer to enable the

Engineer to determine the equality of a product.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will 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. Bidders are urged to submit any questions on the suitability of a product to the Engineer in writing during the bidding period.

ARTICLE 12 – THIS SECTION NOT USED INTENTIONALLY

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form included with the Bidding Documents is for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab).

Instruction to Bidders 002113.12 - 6

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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

A. All blanks on the Bid Form shall be completed using the PennBid system

(https://pennbid.bonfirehub.com). A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

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 partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership’s address for receiving notices shall be shown.

13.04 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 firm’s address for receiving notices shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 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 joint venture’s address for receiving notices shall be shown.

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

13.08 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form and in the PennBid system (https://pennbid.bonfirehub.com).

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

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Base Bid with Alternates

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed for the Base Bid and include a separate price for each alternate, if any, described in the Bidding Documents and as provided for in the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will 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 will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with

Paragraph 13.03 of the General Conditions.

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

D. In the comparison of Bids, alternates may be applied in any order regardless of order listed on Bid

Form.

Instruction to Bidders 002113.12 - 7

This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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

14.02 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.

ARTICLE 15 – SUBMITTAL OF BID

15.01 Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated in the Invitation for Bids along with the Bid security and the other documents required to be submitted as identified herein.

15.02 A Bid must be received no later than the date and time prescribed as indicated in the Advertisement or invitation to bid and must be submitted electronically via PennBid (https://pennbid.bonfirehub.com ) and must be accompanied by the Bid security and other required documents.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted in the designated manner, will not be accepted.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of

Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement For Bids and, unless obviously non-responsive, will be made available to the public on the PennBid system

(https://pennbid.bonfirehub.com). An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

17.02 If more than one Contract is being bid, the Bids received will be opened in numerical order beginning with the first Contract number. Following the opening of Bids for each Contract, Bidders will be given a short time in which they can withdraw unopened Bids for the remaining Contract(s). A representative of the Bidder must be present at the Bid opening and show proper identification to withdraw a Bid.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner https://pennbid.bonfirehub.com/ https://pennbid.procureware.com/

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This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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 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 will 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 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Base Bid and any combination of the alternates (if applicable).

19.03 Evaluation of Bids

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

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will 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.

C. Alternates may be applied in any order and the award may be made to the Successful Bidder on its base Bid and any combination of its alternate Bids or none, for which the Owner determines funds will be available at the time of award.

19.04 In evaluating whether a Bidder is responsible, Owner will 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 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.

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 required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of 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 and insurance documentation required to be delivered by the Contract Documents) to Owner. Within twenty (20) days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from Pennsylvania state sales and use taxes on 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.

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This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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

ARTICLE 23 – STEEL PRODUCTS PROCUREMENT ACT

23.01 The Contractor shall comply with the provisions of the Act of March 3, 1978 (P.L. 6, No. 3, 73 P.S. §

1881 et seq., known as the “Steel Procurement Act”.

ARTICLE 24 – MINIMUM HOURLY WAGE RATES

24.01 Minimum hourly wage rate requirements are outlined in the Supplemental Conditions.

ARTICLE 25 – NON-DISCRIMINATION/SEXUAL HARASSMENT CLAUSE

25.01 Contractors on this work will be required to comply with President’s Executive Order No. 11246, as amended. As specified in the Supplementary Conditions, contractors shall comply with the Contract

Compliance Regulations of the Pennsylvania Human Relations Commission, 16 PA, Code Chapter 49 and with all laws prohibiting discrimination in hiring or employment opportunities.

Contractors shall not discriminate on the basis of race, creed, color, religion, sex, age, sexual orientation, gender identity or expression, or natural origin and shall be in compliance with the Act of October 27, 1955 (P.L. 744 No. 222, known as “Pennsylvania Human Relations Act”) and Title VI of the Civil Rights

Act of 1964, Public Law 88-352, 42 U.S.C., Section 200A et seq.

Contractors and subcontractors shall establish and maintain a written sexual harassment policy and non-discrimination clause and shall inform their employees of the policy. The policy must contain a notice that sexual harassment and discrimination will not be tolerated and employees who practice it will be disciplined.

ARTICLE 26 – ADDITIONAL BID INFORMATION

26.01 Bidder’s attention is called to the fact that the schedule of quantities of work to be done and equipment to be furnished under these specifications as shown on the Bid Form, and in the Contract, is approximate, and is given only as a basis for calculation upon which the bids will be compared.

Unit prices will consisute the bid price. Owner does not assume any responsibility that quantities set forth shall be realized strictly in the work, nor shall the Contractor plead misunderstanding or deception because of such schedule of quantities or of the character of work, location or other conditions pertaining thereto. Owner reserves the right to increase or diminish any or all above mentioned quantities of work or to omit any of them as they may deem necessary, and such increase or decrease of the quantities given for any of the items shall not be considered as sufficient grounds for granting an increase in the unit price bid.

ARTICLE 27 – EMPLOYEE TESTING ACT

27.01 The relationship between the Contractor and the Owner will be one of independent contractor and not employer/employee and that the individual employees of the Contractor who will be performing the work pursuant to this Contract are not employees of the Owner. Contractor hereby certifies, represents, and warrants to the Owner that all persons performing any aspect of the work pursuant to this Contract who are required to have a commercial driver’s license are subject to a program for drug and alcohol testing in accordance with the Omnibus Transportation Employee Testing Act of 1991 and the Federal regulations adopted pursuant thereto.

ARTICLE 28 – AMERICANS WITH DISABILITIES ACT

28.01 Pursuant to federal regulations promulgated under the authority of the Americans with Disabilities Act, 28 C.F.R. §35.101 et seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this project or from activities provided for

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This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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 under this project. As a condition of accepting and executing this contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. §35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to the benefits, services, programs and activities provided by the Commonwealth through contracts with outside contractors.

ARTICLE 29 – ANTI-POLLUTION REGULATIONS

29.01 The Contractor and its subcontractors agree that in the performance of their obligations under this contract they shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations.

ARTICLE 30 – PENNSYLVANIA RIGHT-TO-KNOW LAW

30.01 The Pennsylvania Right-to-Know Law, Act 3 of 2008, effective January 1, 2009, 65 P.S. §§ 67.101-3107, applies to this project. It provides for access to public information, for a designated open-records officer in each Commonwealth agency, local agency, judicial agency and legislative agency, for procedure, for appeal of agency determination, for judicial review and for the Office of Open Records; imposing penalties; providing for reporting by State-related institutions; requiring the posting of certain State contract information on the Internet; and making related repeals.

Refer to the Supplementary Conditions for additional contract obligations under the Pennsylvania Right-to-Know Law.

ARTICLE 31 – PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

31.01 Bidder acknowledges that this bid is for a public works contract and bidder is therefore subject to the provision, duties, obligations, and penalties of the Public Works Employment Verification Act, 71 P.S.

656.1-656.11, which is incorporated herein by reference.

A completed Public Works Employment Verification Form will be required from the Contractor with each bid. The authorized signer of the Form hereby states that he or she possesses sufficient knowledge to make the representations and certifications on the Form. Failure to provide a completed Form will be result in rejection of the bid, and may subject the Contractor to the enforcement activities, sanctions, and civil penalties specified in the Act.

The lowest responsible bidder must comply with the Public Works Employment Verification Act by submitting a Commonwealth Public Works Employment Verification Form to the Owner prior to award of the contract. The relevant information regarding this Act can be found on the Department of General

Services’ website at www.dgs.pa.gov.

The requirement of the Public Works Employment Verification Form is in accordance with the Public

Works Employment Verification Act 71 P.S. 656.1-656.11 (known as Act 141, effective January 3, 2023, replacing Act 127 of 2012), the use of the Federal Government’s E-Verify system to ensure that all employees performing work on public works projects, including subcontractor’s employees, are authorized to work in the United States. The Contractor will be required to include information about the

Act in all subcontracts.

Further information regarding the Public Works Employment Verification Act, as it complies with this project, can be found in the Supplementary Conditions of this Project Manual.

http://www.dgs.pa.gov/

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This document is a MODIFIED version of EJCDC® C-200 (Rev. 1), Suggested 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

ARTICLE 32 – PROJECT FUNDING REQUIREMENTS

32.01 This project is funded in part by the Federal Emergency Management Agency (FEMA) being administered by the Pennsylvania Emergency Management Agency (PEMA), and with local funds.

The successful bidder must accept all financing agency obligations imposed on the Owner.

A. Obligations consist of but are not limited to:

1. Affirmative Socioeconomic Steps: if subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

2. Build America, Buy America Act (BABAA): Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirement.

3. Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance

Programs, Equal Employment Opportunity, Department of Labor).

4. Copeland “Anti-Kickback” Act: Compliance with the Copeland “Anti-Kickback” Act. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29

C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

5. Contract Work Hours and Safety Standards Act: Compliance with the Contract Work Hours and

Safety Standards Act.

6. Clean Air Act: The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

7. Federal Water Pollution Control Act: The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

8. Debarment and Suspension: The bidder or proposer agrees to comply with the requirements of

2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

9. Byrd Anti-Lobbying Amendment,…