August 31, 2026

TO ALL PROSPECTIVE BIDDERS

Re: HIGH STREET PEDESTREIAN AND ACCESSIBILTY IMPROVEMENTS Addendum No. 1 McCarthy File 250005-10

Following is Addendum No. 1 for the High Street Pedestrian and Accessibility Improvements project.

Please note that the Bid Opening Date of September, 10th 2026 has changed to September 29th, 2026 with an award date of October 6th, 2026 to allow bidder more time to compile bids.

ADDENDUM NO. 1

1. Section 001113 - Advertisement for Bids – All dates have been updated to reflect change in Bid opening date

2. Section 000000 – Cover – The cover page has been updated to reflect new dates.

3. Section 004143 – Bid Form – All Bid items have been updated with new quantities.

4. Section 005000 – Agreement – Contract time has been updated to reflect new project timeline

5. Section 007000 – General Conditions – Headers have been updated to reflect the current project.

6. Bid Plans – Plans have been updated to more clearly define the way the curb will be constructed as well as add other clarifying improvements.

7. PennBID Bid Form – Sidewalk Disposal Quantity has been updated to accurately reflect the project quantities.

END OF ADDENDUM NO. 1

You shall note receipt of all Addenda on the Bid Form; failure to note will constitute rejection of the bid.

Please note that acknowledgment of the receipt of this Addendum No. 1 is attached to this document.

High Street Pedestrian and Accessibility Improvements August 31, 2026 Addendum No. 1 McCarthy File 260004-10

Sincerely, Cody Wendtland Project Engineer cwendtland@mccarthy-engineering.com

Acknowledgement – Addendum No. 1:

Date:

Name:

Printed Name:

Company:

PROJECT MANUAL FOR:

HIGH STREET PEDESTRIAN AND

ACCESSIBILITY IMPROVMENTS

BOROUGH OF WOMELSDORF, BERKS COUNTY, PA

Issued for Bid – August 13th , 2026

Bid Due – 11:00 am on Septmeber 29th , 2026

Awarded – 7:00 pm on October 6th , 2026

OWNER:

WOMELSDORF BOROUGH

101 WEST HIGH STREET

WOMELSDORF, PA 19567

610-589-4725

610-683-3518 (FAX)

ENGINEER:

McCARTHY ENGINEERING ASSOCIATES

1011 N PARK ROAD

WYOMISSING, PA 19610

610-373-8001 www.mccarthy-engineering.com

PROJECT No. 250005-10

McCarthy #250005-10 HIGH STREET PEDESTRIAN AND Womelsdorf Borough ACCESSIBILITY IMPROVEMENTS Berks County

ADVERTISEMENT FOR BIDS

Sealed proposals will be received by the Borough of Womelsdorf, Berks County, Pennsylvania, online via the PennBid™ Program, until 11:00 am, on September 29th , 2026, for the High Steet Curb and Sidewalk Improvement Project.

This project consists of curb repairs, installation of ADA ramps, and restoration along High Street, N 3rd Street, and S 2nd Street in Womeldorf Borough. Tree removal may be required as a part of this project.

Bidders must conform to the General Conditions and detailed Specifications in the bid package. All documents and solicitation details are available at no cost at PennBid™ - www.PennBid.net.

Only questions submitted online via PennBid™ shall be considered. Responses will be provided on the website and be visible to all Bidders. Any changes to the plans or specifications will be provided as an Addendum and notice will be given to Bidders through the website via email. No responses will be provided for requests received after 12:00 pm on September 22nd , 2026.

The bids will be opened and the bid tabulation summaries will be made publicly available on Thursday, September 29th , 2026 at 1:00 pm (local time) on PennBid™. Bids will be publicly awarded on October 6th, 2026 at 7:00 pm (local time) at the Womelsdorf Borough Hall Building, 101 West High Street, Womelsdorf, PA 19567.

Notice is hereby given that prospective bidders are advised that they must be PennDOT qualified and must have a minimum of 5 years’ experience in the type of work associated with this project. The work indicated will be funded in part by the Multimodal Transportation Fund (MTF) Program with partial reimbursement under the Commonwealth Financing Authority (CFA). The solicitation process, contract and conduct of the work must meet the requirements of the grant agreement between the Owner and the CFA. The agreement obligates the Owner to certain compliance requirements that if not followed could cause the Owner to not receive the MTF Funds. Bids are to be submitted on the forms furnished in the bid package. All bidders must be qualified to perform the work and shall complete the required Bidder Forms contained in the contract documents.

This bid is in accordance with the Pennsylvania Prevailing Wage Act, and the successful bidder shall pay no less than the PA L&I Wage Rates determined for the project as stated in the Contract Documents.

Award of the Contract, if the contract is awarded, will be to the lowest responsible bidder, however Owner reserves the right to reject any and or all bids on any basis and to waive any informality in the bidding, as permitted by law.

The bid must be accompanied by a Cashier’s Check, Certified Check, or Bid Bond in the amount of Ten Percent (10%) of the bid, made payable to the Borough of Womelsdorf. Also required are a properly executed Bid Form, Non-Collusion Affidavit, Certification Statement, and Contractor’s Qualification Statement. The successful bidder shall also be required to provide a Performance Bond in the amount of one hundred percent (100%) of the Contract amount within ten (10) calendar days of written notice of acceptance of the Bid. The Borough reserves the right to reject any or all proposals or to accept any portion of any bid, and to award Contracts as is deemed best for the Borough. The Borough also reserves the right to waive any defects, errors, omissions, irregularities, or informalities in bids received.

Mike Williams, Borough Manager Womelsdorf Borough

Advertised in the Reading Eagle:

Wednesday, August 19, 2026 Wednesday, August 26, 2026 http://www.pennbid.net/

BID FORM 004143 - 1

BID FORM

NAME OF PROJECT: HIGH STREET PEDESTRIAN AND ACCESSIBILITY

IMPROVEMENTS

ADDRESS OF PROJECT: WOMELSDORF BOROUGH, BERKS COUNTY, PA

OWNER: Womelsdorf Borough

101 West High Street Womelsdorf, PA 19567

BASE BID

In compliance with the Project Manual, the undersigned, having carefully examined the Bidding Documents and having had the opportunity to visit the site and examine all conditions affecting the work, proposes to do all such work, including the furnishing of all necessary labor, machinery, equipment, materials, supplies, transportation and incidentals as required by the Bidding Documents, for the stipulated sum of:

Total Base Bid:

Sum expressed in words

Dollars $ Sum expressed in words (continued) Sum expressed in figures

SCHEDULE

If awarded a contract for the work described by the Contract Documents, the undersigned will complete the work, without exception, in the following number of calendar days from the time of issuance of the Notice to Proceed:

Total Number of Calendar Days to Complete the Work 350 Days

Earliest Start Date October 15th , 2026

Estimated Date of Final Completion September 30th , 2027

SCHEDULE OF VALUES/PRICES:

BASE BID

HIGH STREET, N 3rd STREET, S 2nd STREET (Item No. 1) – High Street West of Water Street

ITEM EST. UNIT TOTAL

NO. DESCRIPTION QTY. UNIT PRICE AMOUNT

1. Mobilization/Demobilization 1 LS $ $ Bonds/Insurance

2. Traffic Controls 1 LS $ $

BID FORM 004143 - 2

3. Sawcut and Remove Concrete Sidewalk 5855 SF $ $

4. Remove and Dispose of Concrete Curb 4208 LF $ $

5. Furnish & Install 4” Concrete Sidewalk; 5855 SF $ $ Furnish & Install 4” 2B Stone Base;

6. 18" Curb with 4" 2B Stone Base 4208 LF $ $

7. Design and Install ADA Ramp with 2 EA $ $ Detectable Warning Surface

8. Reconstruct Existing Driveway Aprons 730 SF $ $ 8” Concrete with 6” Stone Base

9. Yellow Curb Painting – Safety Yellow 1613 LF $ $

10. Hydroseed and Straw 3525 SF $ $

HIGH STREET (Item No. 2) – High Street from Water Street to S.R. 422

11. Mobilization/Demobilization 1 LS $ $ Bonds/Insurance

12. Traffic Controls 1 LS $ $

13. Sawcut and Remove Concrete Sidewalk 825 SF $ $

14. Remove and Dispose of Concrete Curb 1316 LF $ $

15. Furnish & Install 4” Concrete Sidewalk; 825 SF $ $ Furnish & Install 4” 2B Stone Base;

16. 18" Curb with 4" 2B Stone Base 1316 LF $ $

17. Hydroseed and Straw 1590 SF $ $

Alternate Items – As Directed by Owner

18. Remove and Dispose of Trees 2 EA $ $ (6”-12” Diameter)

19. Remove and Dispose of Trees 12 EA $ $ (12”-24” Diameter)

20. Remove and Dispose of Trees 4 EA $ $ (24”-48” Diameter)

BID FORM 004143 - 3

TOTAL AMOUNT OF BID $__________________________

VALUE ENGINEERING:

The Bidder may at his/her option, provide value engineering suggestions and provide add/deduct amounts for such items.

GOOD FAITH:

In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Document, and the following Addenda, receipt of all 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 federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

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

E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of 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 to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any 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 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 correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding

BID FORM 004143 - 4

Documents.

I. 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.

J. 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.

K. Bidder further represents that this Bid is genuine and not in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

L. Bidder acknowledges that the Borough of Honey Brook may delete all or a portion of the project, in one or more instances, in its sole discretion, which it deems appropriate. In such instance, the Borough of Honey Brook and the CONTRACTOR will deduct from the Contract price an amount equal to the value of the Work to be deducted including overhead and profit. If the parties do not agree as to the dollar amount of the deduction, the ENGINEER will render a decision which will be final and binding upon both parties.

M. The Bidder agrees to progress payments in accordance with Article 51 of the General

Conditions and the Supplementary Conditions at such unit values as indicated in Section UNIT PRICES and the UNIT PRICES FORM (the total of the unit values and quantities being equal to the Total Bid Sum), as prepared by the Bidder.

N. The Bidder agrees that work performed during winter months shall be at the same rate as all other work agreed upon in the executed contract.

N. The following documents are attached to and made a condition of this Bid:

1) Bid Security Form

2) Certification Statement

3) Non-Collusion Affidavit

4) Contractor’s Qualification Statement

5) Nondiscrimination Statement

8) Workmen’s Compensation Affidavit

9) Public Works Employment Verification Form

O. Communications concerning this Bid shall be addressed to the address of Bidder indicated below or the following address:

Name:

Title:

Phone:

Fax:

Email:

CONCLUSION:

Contractors are requested not to bid on this Contract if they cannot adhere strictly to the following

BID FORM 004143 - 5

requirements. In submitting this bid we agree:

1. To hold our bid open for a period of sixty (60) calendar days past the date for receipt of bids.

2. To complete, sign, and submit with the bid the attached Certification Statement certifying that we have not been and are presently not suspended, debarred or otherwise precluded by any Federal or State entity from the benefits which may result from obtaining this Contract.

3. To complete, sign, and submit with the bid the attached Non-Collusion Affidavit and the

Contractor’s Qualification Statement.

4. To submit a Bid Security in accordance with the attached form in the sum of 10% of the

Bid Total which is to become the property of the Owner in the event the Contract and Bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby.

5. To enter into and execute a contract, if awarded on the basis of this bid, and to furnish performance and payment bonds in accordance with the Instructions to Bidders and Supplementary Conditions.

6. To accomplish the work in accordance with the Contract Documents.

BID FORM 004143 - 6

The Undersigned hereby acknowledges the receipt of the following Addenda to the Contract Documents.

Addendum No. 1 ________________________________, dated ___________________.

Addendum No. 2 ________________________________, dated ___________________.

Addendum No. 3 ________________________________, dated ___________________.

(Signatures)

Respectfully submitted by Authorized Signing Officer:

Signature Date

Printed Name

Title

Company Name and Address

If Partnership, list full names of all partners

If Corporation, affix Corporate Seal and list state of incorporation

State (Affix Seal)

END OF SECTION 004143

AGREEMENT 005000 - 1

AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT, entered into this day of , 20 , by and between the Borough of Womelsdorf hereafter called the “Owner” and an individual of

OR

a partnership, consisting of and as all the partners, OR a Corporation of the State of , having its principal office at (street address)

County, ___________________________, hereinafter called the “Contractor”

(and hereinafter treated as if of the singular number and neuter gender), WITNESSETH, that the “Contractor” and the “Owner”, for the considerations named, agree as follows:

WHEREAS, the Owner heretofore has advertised for proposals, as required by Pennsylvania Laws, for the work necessary for the construction of the High Street Pedestrian and Accessibility Improvements, has received proposal therefore; and

WHEREAS, the Owner has considered the proposals so received and has made an award to the Contractor based upon the proposal so received from the Contractor.

NOW, therefore, in consideration of the mutual promises, covenants and agreements herein contained, the Owner and Contractor promise, covenant and agree as follows:

Article 1. WORK

SCOPE OF WORK - The Contractor shall furnish the design, PA seal, all of the materials, labor and perform all Work as specified or indicated in the Contract Documents and shall do everything required by this Agreement and Contract Documents.

The work is generally described as follows:

High Street Pedestrian and Accessibility Improvements

AGREEMENT 005000 - 2

Article 2. ENGINEER

The project has been designed by McCarthy Engineering Associates, Inc. (with offices located at 1011 Park Road, Wyomissing, PA 19610) who is hereinafter called Engineer and who is to act as OWNER’S representative, assume all duties and responsibilities and have the right and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIME

3.1 The Work to be performed under this contract shall be substantially completed within 350 calendar days after the date when the Contract Times commence to run provided in paragraph 4.01 of the General Conditions.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this

Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragragh 3.1 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving 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 liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER in accordance with the following schedule for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially complete.

A. For this project, liquidated damages shall be Six Hundred Dollars ($600.00) per calendar day applicable to inspection, engineering, and OWNER’S Cost.

Article 4. CONTRACT PRICE

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 the following paragraphs:

4.1 For all Unit Price Work, an amount equal to the sum established unit price for each separately identified item of Unit Price Work times the quantity of that item.

The unit price proposal totals_____________________________________________________________

(use words)

($___________________________) and a copy of the unit price proposal is attached hereto.

(figures)

Article 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 15 of the General

Conditions and Section 012900 - Payment Procedures.

5.1 Progress Payment; Retainage. OWNER shall consider progress payments on account of the

Contract Price on the basis of the CONTRACTOR’S Applications for Payment as recommended by ENGINEER, on the day of the OWNER’S regularly scheduled and advertised monthly business meeting. CONTRACTOR shall be advised of OWNER’S meeting schedule at the preconstruction conference.

AGREEMENT 005000 - 3

5.2 Prior to CONTRACTOR completing 50% of the work, the OWNER will hold 10% retainage on all contractor payments. After completion of 50% of the work, OWNER will reduce retainage to 5% and continue to hold 5% on additional payments. Within 30 days following the date of substantial completion, the CONTRACTOR shall be paid in full less only one and one-half times such amounts as the ENGINEER may certify as required to complete any then remaining work.

Article 6. CONTRACTOR’S REPRESENTATIONS

In order to induce OWNER to enter in this Agreement, CONTRACTOR makes the following representations:

6.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the

Addenda listed in Article 7 and other related data identified in the Bidding documents including “technical data”.

6.2 CONTRACTOR is financially solvent and experienced in and competent to perform the work and to furnish the plant, materials, supplies or equipment, to be so performed or furnished by it.

6.3 CONTRACTOR is familiar with and satisfied as to all Federal, State, Municipal and Departmental laws, ordinances and regulations, which may in any way affect the work of those employed herein, including, but not limited to, any special acts relating to the work or to the project of which it is a part.

6.4 CONTRACTOR can complete such temporary and permanent work required by the Contract

Documents as is to be done and satisfactorily constructed and used for the purposes for which it is intended and that such construction will not injure any person or damage any property.

6.5 CONTRACTOR has visited the project site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing the work.

6.6 CONTRACTOR has carefully examined that plans, specifications and site of the work, and has become satisfied as to the nature and location of the work, the character, quality and quantity of surface and sub-surface materials likely to be encountered, the character of equipment and other facilities needed for the design, PA seal, and performance of the work, and the general and local conditions, and all other materials which may in any way affect the work or its performance.

6.7 CONTRACTOR is aware of the general nature of work to be performed by the OWNER and others at the site that relates to Work as indicated in the Contract Documents.

6.8 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or other discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing the Work.

6.9 CONTRACTOR’S competent resident superintendent will attend weekly coordination meetings located at the OWNER’S place of business from the time work begins until the contract work is substantially complete.

6.10 CONTRACTOR shall ensure that this Agreement shall bind and insure to the benefit of the heirs, legal representatives and successors and assigns of both parties hereto, except that this sentence shall not be interpreted to grant any right of assignment of any nature whatsoever to the Contractor.

AGREEMENT 005000 - 4

Article 7. CONTRACT DOCUMENTS

The CONTRACT DOCUMENTS which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work shall consist of the following which are part of the contract between the parties as though repeated herein or hereto attached:

7.1 This Owner-Contractor Agreement (pages 1 to 6, inclusive).

7.2 Performance, Payment, and Maintenance Bonds.

7.3 Insurance Certificates.

7.4 Workmen’s Compensation Affidavit and Public Works Employment Verification Form.

7.5 Notice to Proceed.

7.5 Project Manual and Specifications, including but not limited to:

A. General Conditions and Supplemental Conditions.

B. Technical Specifications.

C. Project Drawings.

7.6 Addenda identified as follows:

A. No. 1: Dated:

B. No. 2: Dated:

C. No. 3: Dated:

7.7 Contractor’s Bid Form.

Article 8. MISCELLANEOUS

8.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and, unless specifically stated to the contrary in any written consent or an assignment, no assignment will release or discharge the assignor from any duty of responsibility under the Contract Documents.

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

8.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

AGREEMENT 005000 - 5

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. ALL portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. All parties have executed the Agreement the day and year first above written.

Name of Owner

[Corporate Seal] By:

Attest: ___________________ Address for giving notices: _______________________ (Assistant) Secretary

(Individual Contractor)

(SEAL)

(Name of Individual)

Trading and Doing Business as:

Attest:___________________

Address for giving notices: _________________________

(Partnership Contractor)

(Name of Partnership)

Attest: By: (SEAL)

Attest: By: (SEAL)

Attest: By: (SEAL)

Attest: By: (SEAL)

(Corporation Principal)

(Name of Corporation)

Attest: By:

(Assistant) Secretary (Vice) President

AGREEMENT 005000 - 6

(Corporate Seal)

OR (if appropriate)

(Corporate Seal) (Name of Corporation)

Attest: __________________ *By:

Authorized Representative

Address for giving notices: _________________________

* Attach appropriate proof, dated as of the same date as the Agreement, as required by the Contract Documents evidencing authority to execute in behalf of the Corporation.

GENERAL CONDITIONS 007000-1

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

Page ARTICLE 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

ARTICLE 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Before Starting Construction

2.04 Preconstruction Conference; Designation of Authorized Representatives

2.05 Initial Acceptance of Schedules

2.06 Electronic Transmittals

ARTICLE 3 – Documents: Intent, Requirements, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Requirements of the Contract Documents

3.05 Reuse of Documents

ARTICLE 4 – Commencement and Progress of the Work

4.01 Commencement of Contract Times; Notice to Proceed

4.02 Starting the Work

4.03 Reference Points

4.04 Progress Schedule

4.05 Delays in Contractor’s Progress

ARTICLE 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions

5.01 Availability of Lands

5.02 Use of Site and Other Areas

5.03 Subsurface and Physical Conditions

5.04 Differing Subsurface or Physical Conditions

5.05 Underground Facilities

5.06 Hazardous Environmental Conditions at Site

ARTICLE 6 – Bonds and Insurance

6.01 Performance, Payment, and Other Bonds

GENERAL CONDITIONS 007000-2

6.02 Insurance—General Provisions

6.03 Contractor’s Insurance

6.04 Owner’s Liability Insurance

6.05 Property Insurance

6.06 Waiver of Rights

6.07 Receipt and Application of Property Insurance Proceeds

ARTICLE 7 – Contractor’s Responsibilities

7.01 Supervision and Superintendence

7.02 Labor; Working Hours

7.03 Services, Materials, and Equipment

7.04 “Or Equals”

7.05 Substitutes

7.06 Concerning Subcontractors, Suppliers, and Others

7.07 Patent Fees and Royalties

7.08 Permits

7.09 Taxes

7.10 Laws and Regulations

7.11 Record Documents

7.12 Safety and Protection

7.13 Safety Representative

7.14 Hazard Communication Programs

7.15 Emergencies

7.16 Shop Drawings, Samples, and Other Submittals

7.17 Contractor’s General Warranty and Guarantee

7.18 Indemnification

7.19 Delegation of Professional Design Services

ARTICLE 8 – Other Work at the Site

8.01 Other Work

8.02 Coordination

8.03 Legal Relationships

ARTICLE 9 – Owner’s Responsibilities

9.01 Communications to Contractor

9.02 Replacement of Engineer

9.03 Furnish Data

GENERAL CONDITIONS 007000-3

9.04 Pay When Due

9.05 Lands and Easements; Reports, Tests, and Drawings

9.06 Insurance

9.07 Change Orders

9.08 Inspections, Tests, and Approvals

9.09 Limitations on Owner’s Responsibilities

9.10 Undisclosed Hazardous Environmental Condition

9.11 Evidence of Financial Arrangements

9.12 Safety Programs

ARTICLE 10 – Engineer’s Status During Construction

10.01 Owner’s Representative

10.02 Visits to Site

10.03 Project Representative

10.04 Rejecting Defective Work

10.05 Shop Drawings, Change Orders and Payments

10.06 Determinations for Unit Price Work

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

10.08 Limitations on Engineer’s Authority and Responsibilities

10.09 Compliance with Safety Program

ARTICLE 11 – Amending the Contract Documents; Changes in the Work

11.01 Amending and Supplementing Contract Documents

11.02 Owner-Authorized Changes in the Work

11.03 Unauthorized Changes in the Work

11.04 Change of Contract Price

11.05 Change of Contract Times

11.06 Change Proposals

11.07 Execution of Change Orders

11.08 Notification to Surety

ARTICLE 12 – Claims

12.01 Claims

ARTICLE 13 – Cost of the Work; Allowances; Unit Price Work

13.01 Cost of the Work

13.02 Allowances

13.03 Unit Price Work

GENERAL CONDITIONS 007000-4

ARTICLE 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

14.01 Access to Work

14.02 Tests, Inspections, and Approvals

14.03 Defective Work

14.04 Acceptance of Defective Work

14.05 Uncovering Work

14.06 Owner May Stop the Work

14.07 Owner May Correct Defective Work

ARTICLE 15 – Payments to Contractor; Set-Offs; Completion; Correction Period

15.01 Progress Payments

15.02 Contractor’s Warranty of Title

15.03 Substantial Completion

15.04 Partial Use or Occupancy

15.05 Final Inspection

15.06 Final Payment

15.07 Waiver of Claims

15.08 Correction Period

ARTICLE 16 – Suspension of Work and Termination

16.01 Owner May Suspend Work

16.02 Owner May Terminate for Cause

16.03 Owner May Terminate For Convenience

16.04 Contractor May Stop Work or Terminate

ARTICLE 17 – Final Resolution of Disputes

17.01 Methods and Procedures

ARTICLE 18 – Miscellaneous

18.01 Giving Notice

18.02 Computation of Times

18.03 Cumulative Remedies

18.04 Limitation of Damages

18.05 No Waiver

18.06 Survival of Obligations

18.07 Controlling Law

18.08 Headings

GENERAL CONDITIONS 007000-5

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a Bidder.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim.

GENERAL CONDITIONS 007000-6

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. .

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Engineer—The individual or entity named as such in the Agreement.

21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work.

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26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative.

33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities.

35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor.

38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

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40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

41. Successful Bidder—the lowest, qualified, responsible, and responsive Bidder to whom the OWNER (on the basis of OWNER’s evaluation as hereinafter provided) awards Bid.

42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site.

If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.

45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work—Work to be paid for on the basis of unit prices.

47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

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B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

GENERAL CONDITIONS 007000-10

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. Bonds: Contractor shall deliver any required bonds to the Owner as outlined in the Instructions to Bidders.

B. Evidence of Contractor’s Insurance: When Contractor delivers the executed Notice of Intent to Award to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6.

C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Contractor four printed copies of the Contract if bid on paper, or copies online via the PennBid™ Program, either way to include one fully executed counterpart of the Agreement and at least one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction.

B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer.

2.03 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04…