PROJECT MANUAL

FOR

1ST AND WALNUT STREETS WATER MAIN REPLACEMENT

SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY

CUMBERLAND COUNTY, PENNSYLVANIA

Engineering Project Number: 12662708

APRIL 2026

GHD

225 GRANDVIEW AVE., SUITE 403

CAMP HILL, PA 17011

(717) 541-0622 dmscarangella Stamp

PROJECT MANUAL

FOR

1ST AND WALNUT STREETS WATER MAIN REPLACEMENT

SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY

CUMBERLAND COUNTY, PENNSYLVANIA

Engineering Project Number: 12662708

APRIL 2026

GHD

225 GRANDVIEW AVE., SUITE 403

CAMP HILL, PA 17011

(717) 541-0622

Copyright ©2026 by GHD All rights reserved.

1st AND WALNUT STREETS WATER MAIN REPLACEMENT

12662708 TOC – 1 TABLE OF CONTENTS

PROJECT MANUAL

TABLE OF CONTENTS

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DIVISION 00 CONTRACT REQUIREMENTS

Document 00100 Instructions to Bidders

Document 00320 Non-Collusion Affidavit

Document 00321 Nondiscrimination Clause

Document 00330 Affidavit of Compliance with PA Steel Products Procurement Act

Document 00340 Public Works Employment Verification Form

Document 00410 Bid Form

Document 00435 Bid Bond (Damages Form)

Document 00451 Statement of Bidder’s Qualifications

Document 00520 Standard Form of Agreement between Owner and Contractor for Construction Contract (Stipulated Price)

Document 00610 Performance Bond

Document 00615 Payment Bond

Document 00700 Standard General Conditions of the Construction Contract

Document 00800 Supplementary Conditions:

Article 1 – Modifications to General Conditions

Article 2 – Pennsylvania Prevailing Wage Act

Article 3 – Regulations of the Pennsylvania Human Relations Commission

Article 4 – Compliance with Steel Products Procurement Act

Article 5 – Permits

Article 6 – Pennsylvania Department of Environmental Protection Clean Fill Information

Article 7 – Pennsylvania Right-To-Know Requirements

Article 8 – Requirements of Act 127 of 2012 – Public Works Employment Verification Act

Article 9 – Funding Documents

DIVISION 01 GENERAL REQUIREMENTS

Section 01010 Summary of Work Section 01027 Applications for Payment Section 01035 Modification Procedures Section 01040 Project Coordination Section 01050 Field Engineering Section 01095 Reference Standards and Definitions Section 01200 Project Meetings Section 01300 Submittals Section 01381 Color Audio Video Documentation

12662708 TOC – 2 TABLE OF CONTENTS

Section 01400 Quality Control Services Section 01516 Temporary Sanitary Facilities Section 01560 Temporary Controls Section 01600 Materials and Equipment Section 01631 Product Substitutions Section 01700 Project Closeout

DIVISION 02 SITE WORK

Section 02211 Rock Removal Section 02221 Trenching Section 02440 Sidewalks and Curbs Section 02500 Paving and Surfacing Section 02501 Stamped Asphalt Section 02710 Piped Utilities – Waterline Section 02711 Water Main Rehabilitation – Cured-In-Place Pipe Lining

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SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY

CUMBERLAND COUNTY, PENNSYLVANIA

1ST AND WALNUT STREETS WATER MAIN REPLACEMENT

SOUTH MIDDLETON TOWNSHIP MUNICIPAL AUTHORITY will receive sealed proposals online via PennBid for the 1st and Walnut Streets Water Main Replacement Project, in accordance with the Contract Documents. Sealed bids may be submitted and updated online via the PennBid Program until 10:00 AM on Monday, April 27, 2026. Bids will be opened and read aloud shortly thereafter at the Authority Office, 345 Lear Lane, Boiling Springs, PA 17007.

A Mandatory Prebid meeting will be held at the Authority Office, 345 Lear Lane, Boiling Springs, PA 17007 on Tuesday, April 14, 2026, at 10:00 AM. This meeting is mandatory and is a condition of being able to submit a bid.

The work includes all material, labor, and equipment necessary for the installation and/or replacement of approximately 1,700 feet of 8 and 10-inch Ductile Iron water line, replacement of 26 water services, installation and removal of temporary water mains, curb and sidewalk restoration, stamped asphalt restoration, lawn and pavement restoration as shown on the drawings and as specified. The project is located in South Middleton Township, Cumberland County.

All documents and solicitation details are available at no cost at the PennBid website as of Friday, April 3, 2026. To access this solicitation, go to https://pennbid.bonfirehub.com/portal/Opportunities and click on the red button at the top right hand corner of the website titled “Click for Active Bids”. Then click the solicitations tab and scroll down under the “Number” column to “South Middleton Township Municipal Authority” and click on the solicitation in the “Title” column that is named “1ST AND WALNUT STREETS WATER MAIN REPLACEMENT PROJECT”. A PennBid Representative can be reached at 610-693-4769.

This project is being funded in part with grant funds from the Commonwealth of Pennsylvania, Commonwealth Financing Authority PA Small Water and Sewer Program Grant. All applicable funding program requirements, as further detailed in the bidding documents, apply.

Bidders can utilize the PennBid Program without any initial or recurring costs. A fee of 0.33% of the bid total, capped at $6,000, is assessed only to the bidders who are awarded the project.

Josephine Hall, Manager South Middleton Township Municipal Authority https://pennbid.bonfirehub.com/portal/Opportunities

12662708 00100-1 INSTRUCTIONS TO BIDDERS

DOCUMENT 00100 – INSTRUCTIONS 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, which are applicable to both the singular and plural thereof:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

B. PennBid – A web-based electronic procurement program owned and operated by Apex PM Solutions (https://pennbid.bonfirehub.com).

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained online at https://pennbid.bonfirehub.com at no fee. The project is titled “1st AND WALNUT STREETS WATER MAIN REPLACEMENT” under the solicitations list. All documents may be downloaded directly to the Bidder’s computer. Paper copies of the Bidding Documents may be obtained through PennBid for a fee. No paper copies will be available through the Owner or Engineer.

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, and PennBid 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.

2.04 All Contractors who submit a Bid for this project must obtain the Contract Documents online from PennBid. A Contractor is automatically added to the list of bidders after they download any document from PennBid.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

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

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

C. [Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”]

D. [Other required information regarding qualifications.]

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

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

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

https://pennbid.bonfirehub.com/ https://pennbid.bonfirehub.com/

12662708 00100-2 INSTRUCTIONS TO BIDDERS

3.05 Owner reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such bidder fails to satisfy Owner that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the Work contemplated therein.

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

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

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

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions:

1. The Supplementary Conditions identify:

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

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

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

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

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

12662708 00100-3 INSTRUCTIONS TO BIDDERS

conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

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

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

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

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

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

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

4.06 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 Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has

12662708 00100-4 INSTRUCTIONS TO BIDDERS

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 – BIDDER’S REPRESENTATIONS

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

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

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

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

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

(2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

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

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

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

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

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

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

12662708 00100-5 INSTRUCTIONS TO BIDDERS

ARTICLE 6 – MANDATORY PRE-BID CONFERENCE

6.01 A MANDATORY pre-Bid conference will be held on Tuesday, April 14, 2026 at the Authority Office, 345 Lear Lane, Boiling Springs, PA 17007. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing through PennBid by clicking on the “Questions” tab. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven 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 All questions that have been asked and answered through PennBid are available on the “Questions” tab. The identity of the Bidder asking the question is not disclosed to other bidders.

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

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of [_ten (10)_] percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9 – CONTRACT TIMES

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

12662708 00100-6 INSTRUCTIONS TO BIDDERS

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work: [Piping Materials, Paving, Traffic Control, Flagging, CIPP Lining Installer, Stamped Asphalt Installer.].

If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

12662708 00100-7 INSTRUCTIONS TO BIDDERS

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. The individual submitting the electronic Bid must have the power and authority to enter the Bid on behalf of their company. In Pennsylvania, electronic signatures are legally binding. (PA Statute, Title 73, Chapter 41).

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

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary. 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. A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

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

ARTICLE 14 – BASIS OF BID

14.01 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

ARTICLE 15 – SUBMITTAL OF BID

15.01 The “Bid” tab on PennBid contains the electronic Bid form. A Bid price must be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein. The PennBid Program will automatically calculate the extended price.

12662708 00100-8 INSTRUCTIONS TO BIDDERS

15.02 A Bid shall be received no later than the date and time prescribed and in the manner indicated in the advertisement or invitation to bid and shall be accompanied by the Bid security and other required documents.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

15.04 Contractors submitting online sealed Bids shall compete and submit the following documents electronically:

A. Bid (via PennBid).

B. Statement of Bidder’s Qualifications, Document 00310 (exluding financial statement for the most recent fiscal year).

C. Non-Collusion Affidavit, Document 00320.

D. Nondiscrimination Clause, Document 00321.

E. Steel Products Procurement Affidavit, Document 00330.

F. Public Works Employment Verification Form, Document 00340.

G. Attach an electronic file containing their required Bid Security, Document 00410. (See Instructions to Bidders, Document 00100, Article 8-Bid Security).

H. Evidence of authority to do business in the state of the Project. (See Instructions to Bidders, Document 00100, Section 13.03.)

I. Answer questions in the Bid (under the “RFI” subtab of the “Bids” tab).

When uploading a Bid Security or other document, the maximum individual file size is 20 MB.

15.05 Upon request by the Owner, the Bidder(s) will submit the below listed documents in original form and signature to the Owner within three (3) business days:

A. Original Bid Security (showing original seal and signature).

B. Statement of Bidder’s Qualifications, Document 00451 (exluding financial statement for the most recent fiscal year).

C. Non-Collusion Affidavit, Document 00320.

D. Nondiscrimination Clause, Document 00321.

E. Steel Products Procurement Affidavit, Document 00330.

F. Public Works Employment Verification Form, Document 00340

G. Finacial statement for the most recent fiscal year.

15.06 Bidders are to submit their Bid by the date and time provided in PennBid and the Advertisement.

12662708 00100-9 INSTRUCTIONS TO BIDDERS

15.07 To submit a Bid, Bidders must fill out the Bid Form, check the Verification Statement and click the Submit Bid button at the bottom of the Bid form page. When submitted properly, the Bidder will receive an acknowledgment appearing in the middle of the screen saying “Your Bid has been submitted”. The completed Bid form can be printed or saved to ExcelTM by clicking the icons in the middle of the Bid form page.

15.08 At no time before Bid Opening can anyone other than the preparer see an electronic Bid.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 The Bid can be withdrawn anytime up to Bid opening by clicking “Withdraw Bid”.

16.02 The Bid can be modified anytime up to Bid opening.

16.03 No Bid may be withdrawn for a period of sixty (60) calendar days with an additional sixty (60) calendar days if the project award is delayed by the required approval of another government agency, the sale of bonds, or award of a grant, after the actual date of the opening of Bids as provided for in 62 Pa.C.S. § 3911.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened 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 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all defects, errors, omissions, irregularities, or informalities in a Bid or the Bid procedure.

19.02 If Owner awards the contract for the Work, such award shall be to the lowest responsible Bidder.

19.03 Evaluation of Bids

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

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

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be

12662708 00100-10 INSTRUCTIONS TO BIDDERS

submitted as provided in the Bidding Documents. The term “lowest responsible Bidder” as used herein shall mean the Bidder whose Bid is the lowest of those Bidders who possesses the skill, ability and integrity necessary to the faithful performance of the Work.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from [PA] state sales and use taxes on materials and equipment to be incorporated in the Work. (. Said taxes shall not be included in the Bid. Refer to Paragraph SC-

7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 – WAGE RATES

23.01 Minimum wage rates as determined by the Commonwealth of Pennsylvania, Department of Labor and Industry, Prevailing Wage Division shall apply to this project. It is the responsibility of the Bidder, before the bid opening, to request, if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this contract.

ARTICLE 24 – STEEL PRODUCTS PROCUREMENT

24.01 The successful Bidder agrees to comply with the provision of the Steel Products Procurement Act of March 3, 1978, as amended (73 P.S. § 1881 et seq.). Information regarding the Act’s requirements, including a list of exempt products, is available on the website of the Department of General Services at http://www.dgs.pa.gov/Business/Design-and-Construction/Steel-Products- Act-ExecmptionsPages/default.aspx.

▪ This document is a MODIFIED version of EJCDC® c-200, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

12662708 00320-1 NON-COLLUSION AFFIDAVIT

DOCUMENT 00320 - NON-COLLUSION AFFIDAVIT

County of

I state that I am of (Title) (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm and its owners, directors and officers. I am the person responsible in my firm for the price(s) and the amount(s) of this Bid.

I state that:

(1) The price(s) and amount(s) of this Bid have been arrived at independently and without consultation, communication or agreement with any other Contractor, Bidder or Potential Bidder.

(2) Neither the price(s) nor the amount(s) of this Bid, and neither the approximate price(s) nor approximate amount(s) of this Bid, have been disclosed to any other firm or person who is a Bidder or Potential Bidder, and they will not be disclosed before Bid Opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from

Bidding on this Contract, or to submit a Bid higher than this Bid, or to submit an intentionally high or noncompetitive bid or other form of complementary Bid.

(4) The Bid of my firm is made in good faith and not pursuant to any agreement or inducement from any firm or person to submit a complementary or other noncompetitive Bid.

(5) , its affiliates, subsidiaries, officers, directors and employees

(Name of Firm) are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by State or Federal Law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows (if applicable):

12662708 00320-2 NON-COLLUSION AFFIDAVIT

I state that understands and acknowledges that the (Name of Firm) above representations are material and important, and will be relied upon by the

South Middleton Township Municipal Authority in awarding the Contract(s) for which this Bid is submitted. I understand and my firm understands that any misstatement in this affidavit shall be treated as fraudulent concealment from the South Middleton

Township Municipal Authority of the true facts relating to the submission of Bids for this Contract.

Dated this day of , .

(Name of Firm)

By:

Title:

State of

County of being duly sworn, disposes and says that he/she is the of and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of .

(Notary Public)

My commission expires .

1st AND WALNUT STREETS WATER MAIN REPLACEMENT NONDISCRIMINATION/

12662708 00321 – 1 SEXUAL HARASSMENT CLAUSE

DOCUMENT 00321 – NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

See attached NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE.

1. NONDISCRIMINATION/SEXUAL HARASSMENT

a. Representations. The Grantee represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the agreement. The Grantee shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

b. Nondiscrimination/Sexual Harassment Obligations. The Grantee shall not:

i. in any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontract, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (“PHRA”) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

ii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

iii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this agreement or any subgrant agreement, contract, or subcontract.

iv. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor, or supplier who is qualified to perform the work to which this agreement relates.

v. in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Acts’ enforcement and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

c. Establishment of Grantee Policy. The Grantee shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined.

For the entire period of this agreement, the Grantee shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near where the grant activities are performed;

or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

d. Notification of Violations. The Grantee’s obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the agreement.

Accordingly, the Grantee shall notify the Commonwealth if, at any time during the term of this agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

e. Cancellation or Termination of Agreement. The Commonwealth may cancel or terminate this agreement and all money due or to become due under this agreement may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee in the Contractor Responsibility File.

f. Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these Nondiscrimination/Sexual Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement. The incorporation of these provisions in the Grantor’s subgrants, contracts, or subcontracts does not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by those provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor’s violation of these provisions, the Grantee shall use its best efforts to ensure the subgrantee’s, contractor’s, or subcontractor’s compliance with these provisions.

Signature Date

Print

Company Name

12662708 00330 - 1 PA STEEL PRODUCTS

DOCUMENT 00330 – AFFIDAVIT OF COMPLIANCE WITH PENNSYLVANIA STEEL PRODUCTS

PROCUREMENT ACT

State of ____________________________

County of ___________________________

I state that I am __________________ of ________________________________________ (Title) (Name of Firm)

_________________________________and that I am authorized to make this affidavit on behalf of my firm and its owners, directors and officers. I am the person responsible in my firm for the conditions of this Bid.

I state that:

(1) My firm shall comply with the provisions of the Act of March 3, 1978 (P.L. 6, No. 3) as amended, known as the “Steel Products Procurement Act” in response to the conditions set forth in the Contract Documents, for which this Bid is submitted.

(2) _______________________________________________ understands and acknowledges (Name of my Firm) above representations are material and important, and will be relied upon by the South

Middleton Township Municipal Authority in awarding the Contract(s) for which this Bid is submitted. I understand and my firm understands that any misstatement in this affidavit shall be treated as fraudulent concealment from the South Middleton Township Municipal Authority of the true facts relating to the submission of Bids for this Contract. I further understand, and my firm understands and agrees to indemnify and defend the South Middleton Township Municipal Authority and GHD against any and all claims, including paying in full, all costs, including attorney’s fees and engineering fees to defend any claim as a result of lack of compliance with the “Steel Products Procurement Act.”

Dated this_____________ day of_______________, _______.

(Name of Firm)

By: ______________________________

Officer Title: _______________________

12662708 00330 - 2 PA STEEL PRODUCTS

State of _________________________________

County of _______________________________

_______________________________________ being duly sworn, disposes and says that he/she is the _____________________of_____________________ and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this_________________ day of ________________, ______.

(Notary Public)

My commission expires _____________________________, _____.

Street Address 2

City State Zip Code

Doing Business As:

(if different from Legal Name)

Commonwealth of Pennsylvania Public Works Employment Verification Form

Complete and return the form to the contracting Public Body prior to the award of the contract.

Company Legal Name: ___________________________________________________________

Mailing Address: ______________________________________________________

Check one: Contractor Subcontractor

Contracting Public Body: _________________________________________________________

Contract/Project Number: ________________________________________________________

Project Description: _____________________________________________________________

Project Location: _______________________________________________________________

Date Enrolled in E-Verify (MM/DD/YYYY): ___________________________________________ As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of today’s date, __________________________, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I,____________________________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature Date of Signature

Printed Name: _________________________________________________________________

Phone Number: ______________________ Email: ____________________________________

Street Address 1

DOCUMENT 00340 - PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

PUBLIC WORKS EMPLOYMENT1st AND WALNUT STREETS WATER MAIN REPLACEMENT

12662708 00340 – 1 VERIFICATION FORM

12662708 00410-1 BID FORM

DOCUMENT 00410 – BID FORM

1st AND WALNUT STREETS WATER MAIN REPLACEMENT PROJECT

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted via PennBID

1.02 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 of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.