PROJECT MANUAL

Market Street (SR 443) Sidewalk and Curb Replacement Liberty Street and Wayne Street Borough of Orwigsburg Schuylkill County, Pennsylvania

Prepared for

Orwigsburg Borough 333 South Liberty Street Orwigsburg, PA 17961

March 2026 Project No. 0325-609037.20

Copyright 2026, of Benesch. All rights reserved. This plan and design content is the property of Benesch. Use, reuse, reproduction or modification of this plan or design information, or any part thereof, is strictly prohibited, except by written permission of this firm.

3/17/2026

Orwigsburg Borough – Market St (SR 443) Sidewalk and Curb Replacement Project No. 0325-609037.20

TABLE OF CONTENTS

TABLE OF CONTENTS Page 1

Division .... Section Title ................................................................................................................................ Pages

SERIES 0 - BIDDING REQUIREMENTS AND CONTRACT FORMS

001000 ...... ADVERTISEMENT FOR BIDS

002000 ..... INSTRUCTIONS TO BIDDERS

004100 ..... BID FORM

BID FORM – EXHIBIT A

005200 ...... FORM OF AGREEMENT BETWEEN AND OWNER AND CONTRACTOR

007000 ...... GENERAL CONDITIONS

008000 ..... SUPPLEMENTARY CONDITIONS

008300 ...... WAGE DETERMINATION SCHEDULE

DIVISION 1 - GENERAL REQUIREMENTS

010500 ...... FIELD ENGINEERING

011000 ...... SUMMARY OF WORK

012200 ...... UNIT PRICES

012500 ...... SUBSTITUTION PROCEDURES

012600 ...... CONTRACT MODIFICATION PROCEDURES

012900 ...... PAYMENT PROCEDURES

013100 ...... PROJECT MANAGEMENT AND COORDINATION

013200 ...... CONSTRUCTION PROGRESS DOCUMENTATION

013233 ...... PHOTOGRAPHIC DOCUMENTATION

013300 ...... SUBMITTAL PROCEDURES

014000 ...... QUALITY REQUIREMENTS

016000 ...... PRODUCT REQUIREMENTS

017400 ..... WARRANTIES AND BONDS

017700 ...... CLOSEOUT PROCEDURES

017839 ...... PROJECT RECORD DOCUMENTS

DIVISION 5 – METALS

055213 ...... PIPE AND TUBE RAILINGS

SPECIAL PROVISIONS

TABLE OF CONTENTS Page 2

APPENDICES

BID/CONSTRUCTION/BONDING REQUIREMENTS

BID BOND

PERFORMANCE BOND

PAYMENT BOND

STATEMENT OF BIDDER’S QUALIFICATIONS FORM

AGREEMENT OF SURETY FORM

PSATS CDL PROGRAM CONTRACTOR’S STATEMENT OF COMPLIANCE FORM

NON-COLLUSION AFFIDAVIT FORM

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

STATE REQUIREMENTS

CERTIFICATION ON NON SEGREGATED FACILITIES

COMPLIANCE ILLEGAL ALIEN LABOR ACT

COMPLIANCE WITH THE STATE CONTRACTOR RESPONSIBILITY PROGRAM

CONTRACT PROVISION RIGHT TO KNOW LAW

CONTRACTOR INTEGRITY PROVISION

PROVISIONS CONCERNING THE AMERICANS WITH DISABILITIES ACT

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

STOP-CALL BEFORE YOU DIG

LOCATION MAP

HIGHWAY OCCUPANCY PERMIT

HIGHWAY OCCUPANCY PERMIT PLAN SET

Orwigsburg Borough | Curb and Sidewalk Project | Project Manual

SERIES 0 – BIDDING REQUIREMENTS AND

CONTRACT FORMS

ADVERTISEMENT FOR BIDS Section 001000

INVITATION TO BID Section 001000 - Page 1

ADVERTISEMENT FOR BIDS

Sealed Bids for the Borough of Orwigsburg – Market Street (SR 443) Sidewalk and Curb Replacement Project will be received by the Orwigsburg Borough online via the PennBid Program until Tuesday, April 7, 2026, at 10:00 A.M. (prevailing time). Bids will be publicly announced on Wednesday April 8, 2026, at 7:00 P.M. during the regularly scheduled Council meeting. Bid results will be available online at http://PennBid.Bonfirehub.com following the meeting.

The project involves curb, sidewalk, pavement restoration, and ADA improvements from the intersection of Market Street (SR 443) and Liberty Street to Wayne Street. The items of work for the contract are identified more specifically in the Contract Documents. The base bid and any selected alternates will be awarded to one (1) Contractor.

All Bidding Documents are available at no cost at http://PennBid.Bonfirehub.com

Contractors do not need to be PENNDOT prequalified.

A certified check or bank draft, payable to the order of Orwigsburg Borough or a satisfactory Bid Bond executed by the Bidder and acceptable surety in the amount of 10% of the Total Bid shall be submitted with each bid.

THE SUCCESSFUL BIDDER will be required to furnish and pay for satisfactory Performance and Payment Bonds, each in the amount of one hundred percent (100%) of the Contract Price with a corporate surety approved by the Owner.

Attention is called to the fact that no less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, age, color, religion, sex, ancestry, national origin, or handicap.

The Contractor will be required to comply with the Provisions of the Pennsylvania Human Relations Act in providing equal employment opportunities in connection with all work.

This bid is for a public works contract and bidder is therefore subject to the provisions, duties, obligations, and penalties of the Public Works Employment Verification Act, 43 P.S. 167.1-167.11. All submitted bids shall be accompanied with the Public Works Employment Verification Form.

The Owner reserves the right to reject any or all bids or to waive any informalities in the bidding.

Bids may be held by the Owner for a period not to exceed 60 days from the date of opening bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. However, the award of the contract may be delayed by required approval of another government agency or project funding.

Owner shall reject all bids or award to the lowest responsive and responsible bidder within 120 days of the bid opening.

Questions must be submitted via PennBid by Thursday, April 2, 2026, at 5:00 P.M.

BOROUGH OF ORWIGSBURG

Mr. William Reppy Borough Manager http://pennbid.bonfirehub.com/

ADVERTISEMENT FOR BIDS Section 001000

INVITATION TO BID Section 001000 - Page 2

TO: SOUTH SCHUYLKILL NEWS

legalads@readingeagle.com

PLEASE PUBLISH ON:

1. Thursday, March 19, 2026

2. Thursday, March 26, 2026

PLEASE SEND INVOICE AND PROOF OF PUBLICATION TO:

ATTN: Mr. William Reppy 333 South Liberty Street Orwigsburg, PA 17961 570-366-3103

PLEASE SEND PROOF OF PUBLICATION TO:

Cheryl Bolich Benesch cbolich@benesch.com mailto:cbolich@benesch.com

INSTRUCTIONS TO BIDDERS Section 002000

INSTRUCTION TO BIDDERS Section 002000 – Page 1

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

ARTICLE 1 – DEFINED TERMS

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

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

AND SITE

ARTICLE 5 – PRE-BID CONFERENCE

ARTICLE 6 – SITE AND OTHER AREAS

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 – SUBMITTAL OF BID

ARTICLE 15 – MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 16 – OPENING OF BIDS

ARTICLE 17 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 18 – EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 19 – CONTRACT SECURITY AND INSURANCE

ARTICLE 20 – SIGNING OF AGREEMENT

ARTICLE 21 – RETAINAGE

ARTICLE 22 – NON-COLLUSION AFFIDAVIT

ARTICLE 23 – PENNBID

Section 002000 – Page 2 INSTRUCTION TO BIDDERS

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 and where the bidding procedures are to be administered.

B. Bidder - one who submits a Bid directly to the Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

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 Program – Online document and sealed bid management system available at http://PennBid.bonfirehub.com

ARTICLE 2 – COPIES OF BIDDING

DOCUMENTS

2.01 Complete set of Bidding Documents

may be obtained online at no cost via the PennBid Program (http://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, within 14 days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below.

A. Evidence of Bidder’s authority to do business in the state where the Project is located.

3.02 Bidder is advised to carefully review

those portions of the Bid Form requiring Bidder’s representations and certifications.

3.03 Firms debarred from work in the

Commonwealth of Pennsylvania and/or the Federal Government are not eligible to bid.

ARTICLE 4 – EXAMINATION OF

BIDDING DOCUMENTS, OTHER

RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

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

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

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in

INSTRUCTION TO BIDDERS Section 002000

INSTRUCTIONS TO BIDDERS Section 002000 – Page 3

Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of 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.

4.02 Underground Facilities

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

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of 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.

4.04 Provisions concerning responsibilities

for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 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 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder

access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid.

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. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 A. Reference is made to Article 7 of the

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

B. Paragraph 6.13.C of the General Conditions indicates that if an Owner

Section 002000 – Page 4 INSTRUCTION TO BIDDERS safety program exists, it will be noted in the Supplementary Conditions.

4.07 It is the responsibility of each Bidder

before submitting a Bid to:

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

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

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

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph

4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph

4.06 of the Supplementary Conditions as containing reliable "technical data";

E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents;

and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the

Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents;

and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

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

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

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

4.08 The submission of a Bid will constitute

an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that

INSTRUCTIONS TO BIDDERS Section 002000 – Page 5

Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A pre-Bid conference (if required) will

be outlined in Section 001000, Advertisement For Bids.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding

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

ARTICLE 7 – INTERPRETATIONS AND

ADDENDA

7.01 Bidder shall submit all questions about

the meaning or intent of the Bidding Documents via the “Messages/Vendor Discussions” feature in PennBid.

Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda posted to PennBid to all parties recorded by Engineer as having received the Bidding Documents.

Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

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

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid

security made payable to Owner in an amount of 10 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 If a surety Bid Bond is utilized, it shall be

mandatory that the Bid Bond specifically identify the Bid, and the date of the Bid which it accompanies; additionally, it shall be mandatory that the power of attorney accompanying a Bid Bond evidencing the authority of the person signing on behalf of the surety company to sign the Bid Bond shall be dated the same date as the Bid Bond; further, it shall be mandatory that the Bid Bond itself be dated the same date as the Bid, as well as signed by the principal bidder and the surety company through its authorized representatives. Failure to comply with any of the aforesaid positions shall result in the disqualification of the Bid, which Bid shall not thereafter be considered.

8.03 As soon as each of the Bids received has

been reviewed and the Bids have been compared, Owner will return the Bid security of all Bidders except the three apparent lowest responsive and responsible Bidders. Bid security provided by Bidders who are not among the apparent three lowest responsive and responsible Bidders will be returned within ten (10) calendar days following the date of Bid opening. When the Agreement has been executed by the successful Bidder, the Bid security of the

Section 002000 – Page 6 INSTRUCTION TO BIDDERS other Bidders will also be returned. The Bidder to whom the Notice of Award is given will be required to submit to Owner the required Bonds within ten

(10) calendar days from the date of receipt of the Notice of Award. In case of a failure of Bidder to whom a Notice of Award has been given to execute and deliver in a timely manner the required Bonds, Owner may at its option consider such Bidder in default, in which case the Bid security accompanying the proposal shall become the property of Owner. The successful Bidder to whom a Notice of Award is given will be required to execute the Agreement and deliver it, together with the required evidence of insurance coverages, to the Owner within ten (10) calendar days from the date when the Notice of Award is delivered to the successful Bidder. In case of failure of the successful Bidder to execute the Agreement, or to submit the required evidence of insurance coverages in accordance with the Contract Documents, Owner may consider the successful Bidder in default, in which case the Bid security accompanying the Bid shall become the property of Owner.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the

dates by which, Milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if

any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-

EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the

basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items.

Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraph 6.05 of the General Conditions and may be supplemented in the Supplemental Conditions.

ARTICLE 12 – SUBCONTRACTORS,

SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require

the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 If apparent Successful Bidder declines to

make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, INSTRUCTIONS TO BIDDERS Section 002000 – Page 7 individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form (Exhibit A) is included

with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Requested Information” tab).

13.02 All blanks on the PennBid Bid Table

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

13.03 A Bid by a corporation shall be executed

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

13.04 A Bid by a partnership shall be executed

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

13.05 A Bid by a limited liability company

shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the

Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed

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

13.08 All names shall be printed in ink below

the signatures.

13.09 The Bid shall contain an

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

13.10 Postal and e-mail addresses and

telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of

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

ARTICLE 14 – SUBMITTAL OF BID

14.01 Sealed Bids shall be submitted online

via the PennBid Program (http://PennBid.bonfirehub.com) by the date and time indicated in the Advertisement for Bids. Sealed bid should be accompanied by the Bid security, Non-Collusion Affidavit, and other required documents.

ARTICLE 15 – MODIFICATION AND

WITHDRAWAL 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.

15.02 If within 2 days after Bids are opened any

Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable

Section 002000 – Page 8 INSTRUCTION TO BIDDERS 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.

15.03 After the commencement of opening of

Bids, no Bid may be withdrawn during the period specified for the holding of Bids as set forth in “Bids to remain subject to acceptance” below, except as provided in Pennsylvania Act 4 of 1974, P.L. 9, relating to withdrawal of a bid in the event of a mistake.

ARTICLE 16 – OPENING OF BIDS

16.01 Bids will be announced at the time and

place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. 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.

ARTICLE 17 – BIDS TO REMAIN

SUBJECT TO ACCEPTANCE

17.01 Owner shall award the contract to the

lowest responsive and responsible Bidder or shall reject all Bids within sixty (60) days of the date of the Bid opening, and no Bidder may withdraw his Bid before the expiration of such sixty (60) day period; provided, however, if the award of contracts is delayed by required approval of another government agency, the sale of bonds closing on project loans or the award of a grant or grants, Owner shall reject all Bids or award the contract to the lowest responsive and responsible Bidder within one hundred twenty (120) days of the date of Bid opening, and in such event no Bidder may withdraw his Bid before the expiration of such one hundred twenty (120) day period.

Extensions of the date for the award of the contract may be made by the mutual written consent of Owner and the lowest responsive and responsible Bidder.

ARTICLE 18 – EVALUATION OF BIDS

AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or

all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the unit price and the corresponding extended total will be resolved in favor of the unit price, provided that the BIDDER agrees to the correction of the extended total and subsequent correction of the base bid price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolved in favor of the words.

18.02 More than one Bid for the same Work

from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

18.03 In evaluating Bids, Owner will consider

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

18.04 In evaluating Bidders, Owner will

consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, INSTRUCTIONS TO BIDDERS Section 002000 – Page 9 and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

18.05 Owner may conduct such investigations

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

18.06 If the contract is to be awarded, it will be

awarded to the lowest responsive and responsible Bidder or shall reject all Bids within sixty (60) days of the date of the Bid opening, and no Bidder may withdraw his Bid before the expiration of such sixty (60) day period; provided, however, if the award of contracts is delayed by required approval of another government agency, the sale of bonds closing on project loans or the award of a grant or grants, Owner shall reject all Bids or award the contract to the lowest responsive and responsible Bidder within one hundred twenty (120) days of the date of Bid opening, and in such event no Bidder may withdraw his Bid before the expiration of such one hundred twenty

(120) day period. Thirty (30) day extensions of the date for the award of the contract may be made by the mutual written consent of Owner and the lowest responsive and responsible Bidder.

ARTICLE 19 – CONTRACT SECURITY

AND INSURANCE

19.01 Article 5 of the General Conditions and

the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. The Bidder, as required by 8 P.S. §193, shall submit its Bonds prior to the Owner issuing a Notice of Award. If the Bonds fail to become binding upon the award of the contract to Bidder, Owner may consider the bidder in default, in which case the

Bid security accompanying the Bid shall become the property of the Owner.

ARTICLE 20 – SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to

the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within thirty days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 21 – RETAINAGE

21.01 Provisions concerning Contractor’s

rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 22 – NON-COLLUSION

AFFIDAVIT

22.01 All bidders must complete and execute

the enclosed Non-Collusion Affidavit.

This Affidavit is material to any contract awarded pursuant to this Project and is in accordance with Pennsylvania Antibid- Rigging Act, 73 P.S. S.S.1611 et seq.

The Affidavit should be executed by an officer or the person approved to sign the bid. In the case of joint ventures, all parties must execute separately. Failure to file an Affidavit in compliance with these instructions may result in disqualification of the Bid.

ARTICLE 23 – PENNBID

23.01 Bidder obtained bidding documents via

the PennBid program, are to satisfy the applicable fees of the program. Notice to

Section 002000 – Page 10 INSTRUCTION TO BIDDERS

Proceed may be delayed or retainage may be withheld until fee has been paid.

BID FORM Section 004100

BID FORM Section 004100 – Page 1

SECTION 004100 - BID FORM

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Owner: Borough of Orwigsburg

Project No.: 0325-609037.20

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with

Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions set forth in the Instructions to Bidders, which are incorporated herein by reference, including without limitation those terms and conditions regarding the disposition of Bid security. After the commencement of opening of Bids, no Bid may be withdrawn during the period specified for the holding of Bids as hereinafter set forth, except as provided in Pennsylvania Act 4 of 1974, P.L. 9, relating to withdrawal of a Bid in the event of a mistake. The Owner shall award the Contract to the lowest responsive and responsible Bidder, or shall reject all Bids within sixty (60) days of the date of Bid opening, and no Bidder may withdraw his Bid before the expiration of such sixty (60) day period; provided however, if the award of the Contract is delayed by required approval of another government agency, the sale of bonds, closing on project loans 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, and in such event no Bidder may withdraw his Bid before the expiration of such one hundred twenty

(120) day period. Extensions of the date for the award of the Contract may be made by the mutual written consent of the Owner and lowest responsible Bidder.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

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

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and

Site conditions that may affect cost, progress, and performance of the Work.

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

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

BID FORM Section 004100 – Page 2 subsurface structures at the Site (except Underground Facilities) that have been identified in SC-

4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

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

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

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

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

BID FORM Section 004100 – Page 3

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s) as included in Exhibit A.

5.02 Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

5.03 Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents

5.04 All specifications sections are considered incidental to ALL the unit price items unless otherwise noted.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

6.03 The terms used in this Bid which are defined in the General Conditions of the construction contract included as part of the Contract Documents have the meaning assigned to them in the General Conditions

6.04 Bidder understands that the OWNER reserves the right to reject any or all bids, reject any or all items, and further reserves the right to delete any item or parts of items

6.05 Bidder understands that the OWNER shall award the contract on the basis of the lowest total sum bid submitted, which total sum bid shall include the total of the base bid plus any alternates selected by the OWNER.

BID FORM Section 004100 – Page 4

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid Security;

B. Bid Form (Section 004100);

C. Electronic PennBid Bid Table Form;

D. Agreement of Surety Form;

E. PSATS CDL Program Contractor’s Statement of Compliance Form;

F. Non-Collusion Affidavit Form;

G. Nondiscrimination/Sexual Harassment Clause;

H. Certification of Non-Segregated Facilities

I. Compliance Illegal Alien Labor Act;

J. Compliance with The State Contractor Responsibility Program;

K. Contract Provision Right to Know Law;

L. Contractor Integrity Provision;

M. Provisions Concerning the Americans With Disabilities Act;

N. Public Works Employment Verification Form;

O. Stop-Call Before You Dig;

P. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; and

Q. Required Bidder Qualification Statement with Supporting Data.

BID FORM Section 004100 – Page 5

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

BID SUBMITTAL

9.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

By:

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

A Corporation

Corporation Name:

(SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):_______

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest

Date of Qualification to do business in PA is ____/____/____.

A Joint Venture

Name of Joint Venture:

BID FORM Section 004100 – Page 6

First Joint Venturer Name:

(SEAL)

By:

(Signature of first joint venture partner -- attach evidence of authority to sign)

Name (typed or printed):

Title:

Second Joint Venturer Name: (SEAL)

By:

(Signature of second joint venture partner -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail ______________________________ _______

SUBMITTED on , 20____.

State Contractor License No. . [If applicable]

Contractor Federal ID No.

Contractor UEI No.

Borough of Orwigsburg - Market Street (SR 443) Sidewalk and Curb Replacment Liberty Street to Wayne Street

Project No. 0325-609037.20

Item No. Quantity Unit of

Measurement Item Title Unit Price in Words Unit Price ($) Total Amount ($)

0413-0205 27 TON SUPERPAVE ASPHALT MIXTURE DESIGN, WEARING COURSE, PG 64S-22, <

0.3 MILLION ESALS, 9.5 MM MIX, 1 1/2" DEPTH SRL-L

0413-6037 77 TON SUPERPAVE ASPHALT MIXTURE DESIGN, BINDER COURSE, PG 64S-22, <

0.3 MILLION ESALS, 19.0 MM MIX

0605-2705 1 EA ADA COMPLIANT INLET GRATE

0606-0050 1 SET GRADE ADJUSTMENT OF EXISTING INLETS

0606-0160 13 SET GRADE ADJUSTMENT OF EXISTING WATER VALVES

0608-0001 1 LS MOBILIZATION

4676-0001 775 SY CEMENT CONCRETE SIDEWALK, MODIFIED

0695-0004 24 SF DETECTABLE WARNING SURFACE, POLYMER COMPOSITE

0860-0002 6 EA INLET FILTER BAG FOR TYPE C INLET

0901-0001 1 LS MAINTENANCE AND PROTECTION OF TRAFFIC DURING CONSTRUCTION

0941-0001 12 EA RESET POST MOUNTED SIGNS, TYPE B

0962-1000 1 LS 4" WHITE WATERBORNE PAVEMENT MARKINGS

9000-0001 9 EA RESET/REPLACE EXISTING PIPE

9000-0002 30 LF ROOF DRAIN PIPE

9000-0003 1 EA RESET EXISTING MAILBOX

9000-0004 40 LF RAILING

9000-0005 1 LS CEMENT CONCRETE STEPS AND EXTRA-HEIGHT CURB

9000-0006 1 LS TOPSOIL AND STABILIZATION

9000-0007 1 EA CONCRETE STOOP

9501-0024 365 SY BASE REPLACEMENT, TYPE B

9606-0170 16 SET GRADE ADJUSTMENT OF EXISTING SEWER CLEANOUTS

9630-0045 1846 LF PLAIN CEMENT CONCRETE CURB, VARIABLE HEIGHT, INCLUDING

REMOVAL OF EXISTING CURB

BASE BID - FOR INFORMATIONAL PURPOSES ONLY

COMPLETE BID ELECTRONICALLY ON PENNBID ELECTRONIC SYSTEM

BASE BID - SR 443 FROM LIBERTY ST TO WAYNE ST

Exhibit A

FORM OF AGREEMENT Section 005200

FORM OF AGREEMENT Section 005200 – Page 1

FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is by and between

Orwigsburg Borough (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK (CONTRACT A)

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows:

Project: Market St (SR 443) Sidewalk and Curb Replacement

Contract Number: 0325-609037.20

ARTICLE 2 – THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

The Market Street (SR 443) Sidewalk and Curb Replacement – Liberty Street to Wayne Street in the Borough of Orwigsburg, Schuylkill County, Pennsylvania.

ARTICLE 3 – ENGINEER

3.01 The Project is being administered by Benesch (Engineer), which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

FORM OF AGREEMENT Section 005200 – Page 2

4.02 Dates for Substantial Completion and Final Payment

A. The Work will be substantially completed by Friday, October 30, 2026, as approved in Paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions by Friday, November 13, 2026.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs below:

A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item in Accordance with Attached Unit price Schedule, See Exhibit A.

Total of all Bid Prices (Unit Price Work)

Total of all Base Price (words):

The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions.

B. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

FORM OF AGREEMENT…