9-Addendum2 MaintenanceFacilityAddition.pdf
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- Attached to
- Township Maintenance Facility Addition Project
- Solicitation number
- Not on record
- Issued by
- Berks County, Pennsylvania
About this file
This Addendum 2 document pertains to the Township Maintenance Facility Addition Project for Longswamp Township in Berks County, Pennsylvania, administered by Hanover Engineering Associates, Inc. The project involves constructing a 30' x 160' addition to the Township's existing maintenance facility located at 102 Longsdale Drive, Mertztown, PA. Work includes building and site construction, electrical components, and mechanical components across three separate contracts. Key tasks encompass demolition and removal of existing structures, excavation and backfill, foundation and slab installation, structural steel framing, insulated CMU wall construction, roof assembly with standing seam metal roofing, installation of six steel sectional garage doors, windows, doors, gutters, and exterior finishing including stucco and paint work. Additionally, the project includes site work such as oil/water separator and holding tank installation, trench drain piping, and erosion control measures. The non-mandatory pre-bid conference was scheduled for September 25, 2026, at 9:00 a.m. at the maintenance facility. Final questions were due by 4:00 p.m. on October 2, 2026, with sealed proposals due via PennBid by 1:00 p.m. on October 12, 2026. Anticipated work commencement is April 1, 2027, with substantial completion expected within 120 days and final completion within 150 days.
Bidders must submit bids on all Contract 1 items listed in the Bid Form and provide a 10 percent bid security. Unit price work items include contingency items for rock excavation, extra earth excavation, extra aggregate material, extra concrete, existing CMU wall repair, and preservative treated wood plate installation, which are included in base bid calculations with assumed quantities. Two add alternatives are offered: a concrete generator pad and epoxy coating on the new slab-on-grade. The project is subject to Pennsylvania Prevailing Wage Act requirements, and contractors must comply with Public Works Employment Verification Act provisions, Equal Employment Opportunity requirements, Pennsylvania Steel Products Procurement Act mandates, and accessibility standards. Contractor insurance requirements include commercial general liability with $2,000,000 general aggregate limits, automobile liability with $1,000,000 combined single limits, excess umbrella liability at $5,000,000 per occurrence, and contractor's pollution liability at $1,000,000 per occurrence. Owner is exempt from Pennsylvania sales and compensating use taxes on materials incorporated into the work. The correction period extends for eighteen months following substantial completion.
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EXISTING EAST ELEVATION (LOOKING WEST) SCALE 3/16"=1'-0"
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METAL ROOF (TO BE REMOVED BY TOWNSHIP)
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STUCCO (TO REMAIN)
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STUCCO (TO REMAIN)
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STUCCO (TO REMAIN)
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STUCCO (TO REMAIN)
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EXISTING NORTH ELEVATION (LOOKING SOUTH) SCALE 3/16"=1'-0"
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5 (REF)
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SIDING (TO BE REMOVED)
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STUCCO (TO REMAIN)
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21'-8" (REFERENCE)
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EXISTING CHIMNEY (TO BE REMOVED BY TOWNSHIP)
AutoCAD SHX Text CONTRACTOR TO REPAIR EXISTING 8" HOLE (APPROXIMATELY) IN WALL FROM EXISTING CHIMNEY REMOVAL.
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EXISTING WEST ELEVATION (LOOKING EAST) SCALE 3/16"=1'-0"
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STUCCO
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WINDOW TO REMAIN
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EXISTING DOOR AND WINDOW TO REMAIN.
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WALL TO BE REMOVED
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WALL TO REMAIN
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WALL TO REMAIN
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WALL TO BE REMOVED
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METAL ROOF (TO BE REMOVED BY TOWNSHIP)
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REMOVE EXISTING WALL, OVERHEAD DOORS, AND DOOR
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CHIMNEY (TO BE REMOVED BY TOWNSHIP)
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REMOVE EXISTING WALL WINDOWS AND DOOR
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5 (REF)
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EXISTING SOUTH ELEVATION (LOOKING NORTH) SCALE 3/16"=1'-0"
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STUCCO (TO REMAIN)
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SIDING (TO BE REMOVED)
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AutoCAD SHX Text THIS DOCUMENT IS THE PROPERTY OF HANOVER ENGINEERING ASSOCIATES, INC. ANY USE OF A COPY OF THIS DOCUMENT THAT DOES NOT CONTAIN AN ORIGINAL SEAL AND SIGNATURE IS STRICTLY PROHIBITED. THIS DOCUMENT IS NOT PUBLISHED AND ALL RIGHTS ARE RESERVED BY HANOVER ENGINEERING ASSOCIATES, INC. THIS PLAN HAS BEEN SEALED WITH EITHER A RED INK SEAL OR A CRIMP SEAL. IF NEITHER APPEARS ON THIS PLAN, POSSIBLE REPRODUCTIONS OR ALTERATIONS MAY HAVE BEEN MADE WITHOUT THE APPROVAL OR KNOWLEDGE OF THE SIGNATORY.
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DATE
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NO.
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REVISIONS
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PLAN TITLE:
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PROJECT TITLE:
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SEAL:
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OF
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SHEET NO.
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PROJECT NO.
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DRAWN BY:
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CHECKED BY:
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SCALE:
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DATE:
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EAF
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JLS
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TOWNSHIP MAINTENANCE BUILDING
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EXISTING ELEVATIONS
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LONGSWAMP TOWNSHIP BERKS COUNTY PENNSYLVANIA
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102 LONGSDALE DRIVE
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MERTZTOWN, PA 19539
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PROJECT BID SET
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ADDENDUM 2
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EAST ELEVATION (LOOKING WEST) SCALE 3/16"=1'-0"
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METAL ROOF, 22 GAUGE, COLOR BY OWNER
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CONTINUOUS RIDGE VENT
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EXISTING STUCCO TO BE PAINTED
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EXISTING STUCCO TO BE PAINTED
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EXISTING STUCCO TO BE PAINTED
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EXISTING STUCCO TO BE PAINTED
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INSTALL SNOW GUARDS STAGGERED, TYPICAL ON BOTH SIDES OF ROOF
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NORTH ELEVATION (LOOKING SOUTH) SCALE 3/16"=1'-0"
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SIDING
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28'-2 " (REFERENCE)58" (REFERENCE)
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NEW BLOCK WALL TO BE PAINTED
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EXISTING STUCCO TO BE PAINTED
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PROVIDE NEW STUCCO AT REMOVED CHIMNEY
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SOUTH ELEVATION (LOOKING NORTH) SCALE 3/16"=1'-0"
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SIDING
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EXISTING STUCCO TO BE PAINTED
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NEW BLOCK WALL TO BE PAINTED
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WEST ELEVATION (LOOKING EAST) SCALE 3/16"=1'-0"
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METAL ROOF, 22 GAUGE, COLOR BY OWNER
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12'-8" REFERENCE
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NEW BLOCK WALL TO BE PAINTED
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NEW BLOCK WALL TO BE PAINTED
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INSTALL SNOW GUARDS STAGGERED, TYPICAL ON BOTH SIDES OF ROOF
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AutoCAD SHX Text THIS DOCUMENT IS THE PROPERTY OF HANOVER ENGINEERING ASSOCIATES, INC. ANY USE OF A COPY OF THIS DOCUMENT THAT DOES NOT CONTAIN AN ORIGINAL SEAL AND SIGNATURE IS STRICTLY PROHIBITED. THIS DOCUMENT IS NOT PUBLISHED AND ALL RIGHTS ARE RESERVED BY HANOVER ENGINEERING ASSOCIATES, INC. THIS PLAN HAS BEEN SEALED WITH EITHER A RED INK SEAL OR A CRIMP SEAL. IF NEITHER APPEARS ON THIS PLAN, POSSIBLE REPRODUCTIONS OR ALTERATIONS MAY HAVE BEEN MADE WITHOUT THE APPROVAL OR KNOWLEDGE OF THE SIGNATORY.
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DATE
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NO.
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REVISIONS
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PLAN TITLE:
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PROJECT TITLE:
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SEAL:
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OF
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SHEET NO.
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PROJECT NO.
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DRAWN BY:
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CHECKED BY:
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SCALE:
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DATE:
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EAF
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JLS
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TOWNSHIP MAINTENANCE BUILDING
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PROPOSED ELEVATIONS
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LONGSWAMP TOWNSHIP BERKS COUNTY PENNSYLVANIA
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102 LONGSDALE DRIVE
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MERTZTOWN, PA 19539
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NOTE: 1. COLOR SELECTION OF ALL MATERIALS SHALL BE PER TOWNSHIP REQUEST.
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PROJECT BID SET
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ADDENDUM 1
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AutoCAD SHX Text 09/29/2026
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ADDENDUM 2
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Township Maintenance Facility Addition Longswamp Township Contract 1 – Building and Site Work Project No.: L22-24 Contract 2 – Electrical Components Contract 3 – Mechanical Components
Hanover Engineering Associates, Inc. 00 01 10-1 Table of Contents Addendum 2
DOCUMENT 00 01 10
TABLE OF CONTENTS
INTRODUCTORY INFORMATION
DOCUMENT TITLE
00 01 01 Title Page
00 01 10 Table of Contents
00 01 50 List of Drawings
BIDDING REQUIREMENTS
DOCUMENT TITLE
00 10 00 Invitation to Bid
00 21 13 Instructions to Bidders
00 41 00 Bid Form – Contract 1
00 41 00 Bid Form – Contract 2
00 41 00 Bid Form – Contract 3
00 42 00 Non-Collusion Affidavit of Prime Bidder
00 42 10 Statement of Bidder's Qualifications
00 42 20 Certification of Non-Segregated Facilities
00 43 13 Bid Bond
00 45 36 Nondiscrimination / Sexual Harassment Clause
CONTRACT FORMS AND CONDITIONS OF THE CONTRACT DOCUMENTS
DOCUMENT TITLE
00 51 00 Notice of Award
00 52 15 Agreement
00 53 00 Stipulation Against Liens
00 55 00 Notice to Proceed
00 61 13.13 Performance Bond
00 61 13.16 Payment Bond
00 61 50 Maintenance Bond
00 62 00 Worker’s Compensation Affidavit
00 62 10 CDL Program - Statement of Compliance
Hanover Engineering Associates, Inc. 00 01 10-2 Table of Contents
DOCUMENT TITLE
00 62 20 Non-Collusion Affidavit of Subcontractors
00 62 26 Public Works Employment Verification Form
00 62 70 Consent of Surety to Final Payment
00 72 15 General Conditions
00 73 00 Supplementary Conditions
00 85 00 Prevailing Wage Rates
GENERAL SPECIFICATIONS
DOCUMENT TITLE
01 01 50 General Conduct of Work
01 02 20 Laboratory Testing Allowances
01 04 00 Coordination
01 11 00 Summary of Work
01 20 00 Price and Payment Procedures
01 22 00 Payment Items – Contract 1
01 22 00 Payment Items – Contract 2
01 22 00 Payment Items – Contract 3
01 30 00 Administrative Requirements
01 33 00 Submittals
01 40 00 Quality Requirements
01 50 00 Temporary Facilities
01 55 26 Traffic Control
01 57 00 Erosion and Sediment Control
01 60 00 Product Requirements
01 70 00 Execution and Closeout Requirements
TECHNICAL SPECIFICATIONS
DOCUMENT TITLE
03 10 00 Concrete Form Work
03 20 00 Concrete Reinforcement
03 30 00 Cast-In-Place Concrete
Hanover Engineering Associates, Inc. 00 01 10-3 Table of Contents
03 55 00 Slab Epoxy Coating
03 61 00 Grouting
04 05 20 Masonry Mortar and Grouting
04 20 00 Unit Masonry
04 20 10 Reinforced Unit Masonry
05 12 00 Structural Steel
06 10 00 Rough Carpentry
06 11 10 Framing and Sheathing
06 17 53 Pre-Fabricated Wood Trusses
06 20 00 Finish Carpentry
07 21 00 Insulation
07 40 00 Metal Soffit/Wall Panels
07 60 00 Flashing and Sheet-Metal
07 61 10 Metal Standing Seam Roofing
07 90 00 Joint Sealers
08 11 19 Steel Doors and Frames
08 36 00 Sectional Overhead Doors
08 71 00 Door Hardware
09 25 00 Gypsum Board
09 90 00 Painting
31 00 00 Earthwork
31 01 00 Restoration
31 05 00 Removal and Demolition of Existing Facilities
31 05 13 Soils for Earthwork
31 05 16 Aggregates for Earthwork
31 10 00 Site Clearing
31 20 10 Compacting Earth Materials
31 22 13 Rough Grading
Hanover Engineering Associates, Inc. 00 01 10-4 Table of Contents
31 23 16 Excavation
31 23 16.13 Trenching
31 23 16.20 Trench Excavation and Backfill
31 23 17 Rock Removal
31 23 19 Dewatering
31 40 00 Sinkhole Remedial Procedures
END OF DOCUMENT
Hanover Engineering Associates, Inc. 00 41 00-1 Bid Form
DOCUMENT 00 41 00
BID FORM
Project Identification:
Project No.:
Name of Owner:
Name of Bidder:
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid times indicated in this Bid and in accordance with all other terms and conditions of the Contract Document.
2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening except as permitted by law or if the Contract is delayed by required approval of financing per the Instruction to Bidders. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the bidding requirements within 15 days after the date of the OWNER’S Notice of Award.
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents 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 tests 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) which have been identified in the Supplementary Conditions as provided in paragraph 5.03 of the Standard General Conditions, and (2) reports and drawings of a hazardous environmental condition, if any, which has been identified in
Hanover Engineering Associates, Inc. 00 41 00-2 Bid Form the Supplementary Conditions as provided in paragraph 5.06 of the Standard General Conditions.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which may relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incidental thereto.
F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.
G. Bidder is aware of the general nature of the Work to be performed by OWNER and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract 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 Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Bidder.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.
4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on the behalf of any undisclosed individual or entity and is not submitted in conformance 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.
5.01 Bidder will complete the Work in accordance with the Contract Documents, for the Bid Items described in Section 01 22 00 of the Contract Documents, for the following price(s):
Hanover Engineering Associates, Inc. 00 41 00-3 Bid Form
CONTRACT 1 BASE BID UNIT PRICE WORK ITEMS:
Item No.
Description Unit
Est
Qty
Unit Price
Total
Price
1-1 Mobilization and Demobilization LS 1
TO BE
COMPLETED
ON
PENNBID
1-2 Rock Construction Entrance EA 1
1-3 18” Compost Filter Sock LF 160
1-4 Concrete Washout EA 1
1-5 Excavation and Backfill LS 1
1-6 Demolition & Removal LS 1
1-7 Building Foundation, Slab, and Trench Drains LS 1
1-8 Structural Steel Framing LS 1
1-9 Insulated CMU Walls LS 1
1-10 Roof Assembly LS 1
1-11 Steel Sectional Garage Doors EA 6
1-12 Existing Garage Doors Reinstallation/Replacement LS 1
1-13 Man Doors EA 2
1-14 Windows EA 4
1-15 Metal Siding LS 1
1-16 Exterior Stucco and Façade Closures SF 40
1-17 Paint CMU Block Walls SF 3000
1-18 Paint Existing Stucco SF 1900
1-19 Gutters and Downspouts LS 1
1-20 Oil/Water Separator EA 1
1-21 Holding Tank EA 1
1-22 4” Trench Drain Pipe LF 145
1-23* Rock Excavation CY 10
1-24* Extra Earth Excavation CY 10
1-25* Extra 2A Aggregate Material TON 10
1-26* Extra Class A Concrete CY 10
1-27* Existing CMU Wall Repair SF 25
Hanover Engineering Associates, Inc. 00 41 00-4 Bid Form
1-28* Preservative Treated Wood Plate Installation LF 160
* Contingency Items are included in the Base Bid with assumed quantities and will be used in determining the low bid for the project.
Item No.
Description Unit Est Qty
Unit Price
Total Price
*Add Alternative 1: Concrete Generator Pad
TO BE
COMPLETED
ON PENNBID
2-1 Concrete Generator Pad LS 1
*Add Alternative 2: Epoxy Coating
3-1 Epoxy Coating on New Addition Slab-On-Grade SF 4800
* Based on Bid Prices received, the Owner may or may not choose to include Add Alternates 1 in the Award of the Contract.
5.02 Unit prices have been computed in accordance with paragraph 13.03.B of the Standard
General Conditions.
5.03 Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for unit price Bid items will be based on actual quantities provided, as determined in the Contract Documents.
6.01 Bidder agrees that the Work will commence at the time the Notice to Proceed is issued by the Township. Work is anticipated to commence on or about April 1, 2027 and be substantially completed in 120 days and ready for final payment in 150 days, unless otherwise directed by the Owner, and in accordance with paragraph 15.06 of the General Conditions.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.
7.01 The following documents are attached to and made a condition of this Bid:
A. Required Bid Security (10% of the BASE BID) in the form of
B. Non-Collusion Affidavit (Document 00 42 00)
C. Statement of Bidder Qualifications (Document 00 42 10)
D. Certification of Non-Segregated Facilities (Document 00 42 20)
E. Non-Discrimination/Sexual Harassment Clause (Document 00 45 36)
8.01 The terms used in this Bid are defined in the Instructions to Bidders, Standard General Conditions and Supplementary Conditions.
9.01 Communications concerning this Bid shall be addressed to the address of Bidder indicated below or the following address:
Hanover Engineering Associates, Inc. 00 41 00-5 Bid Form
SUBMITTED on , 20___.
If Bidder is:
An Individual
By: (SEAL) (Individual's Name) doing business as
Business Address:
Phone No.: ( ) Fax No.: ( )
Email: _____________________________
A Partnership *
(Name of Partnership) Witness:
By:
Partner
By:
Partner
By:
Partner *All Partners must execute this Bid
Address of Partnership Bidder:
Contact Person:
Hanover Engineering Associates, Inc. 00 41 00-6 Bid Form
Hanover Engineering Associates, Inc. 00 41 00-7 Bid Form
A Corporation
(Name of Corporation)
ATTEST:
By: By:
(Assistant) Secretary (Vice) President
[CORPORATE SEAL]
(or, if appropriate)
(Name of Corporation) Witness:
**By:
(Authorized Representative)
** Attach appropriate corporate resolution evidencing authority to execute the Bid on behalf of the corporation.
Address of Corporation Bidder:
Contact Person:
Hanover Engineering Associates, Inc. 00 41 00-8 Bid Form
A Joint Venture
By: (SEAL) (Name)
(Address)
By: (SEAL) (Name)
(Address)
Address for Receipt of Official Communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.)
Contract 2 – Electrical Components Addendum 2
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 1 of 13
DOCUMENT 00 73 00
SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement the Standard General
Conditions of the Construction Contract, EJCDC® C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect.
The terms used in these Supplementary Conditions have the meanings stated in the
General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.
The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto.
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
SC-1.01 Defined Terms
SC-1.01. The terms used in these Supplementary Conditions have the meanings stated in the
General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.
ARTICLE 2 – PRELIMINARY MATTERS
SC-2.01 Delivery of Bonds and Evidence of Insurance
SC-2.01 Delete Paragraphs 2.01 B. and C. in their entirety and insert the following in their place:
B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies of insurance (including all endorsements, and identification of applicable self-insured retentions and deductibles) required to be provided by
Contractor in Article 6. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.
C. Evidence of Owner’s Insurance: After receipt from Contractor of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner under Article 6 (if any). Owner
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 2 of 13 may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.
SC-2.02 Copies of Documents
SC-2.02.A. Amend the first sentence of Paragraph 2.02.A. to read as follows:
Owner shall furnish to Contractor two (2) copies of the Contract Documents
(including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF).
ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
SC-5.03 Subsurface and Physical Conditions
SC 5.03 Delete Paragraphs 5.03.A and 5.03.B in their entirety and insert the following:
A. No reports of explorations or tests of subsurface conditions at or adjacent to the
Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner.
SC-5.05 Underground Facilities
SC 5.05 Add the following subparagraph immediately after Paragraph 5.05.A.2.d:
e. Providing notice and performing all Excavation work in accordance with the
Underground Utility Line Protection Law, Act 287 of 1974, as amended.
SC-5.06 Hazardous Environmental Conditions
SC 5.06 Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following:
A. No reports or drawings related to Hazardous Environmental Conditions at the
Site are known to Owner.
B. Not Used.
ARTICLE 6 – BONDS AND INSURANCE
SC-6.03 Contractor’s Liability Insurance
SC 6.03.G Delete Paragraph 603.G in its entirety and insert the following:
Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella, and pollution liability policies shall include and list as additional insureds Owner and its Boards, Commissions and Authorities (including with respect to each, the individual members thereof) and its elected and appointed officers, officials, employees, professional consultants and agents; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 3 of 13 and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. The additional insurance provided hereunder shall provide coverage to the Additional Insureds for all claims which in whole or in part arise out of or relate to the performance of the Work hereunder.
SC 6.03.K Add the following paragraphs immediately after Paragraph 6.03.J:
K. The limits of liability for the insurance required by Paragraph 6.03 of the General
Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:
1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions:
State: Statutory
Federal, if applicable (e.g., Longshoreman’s): Statutory
Jones Act coverage, if applicable:
Bodily injury by accident, each accident $ Not Applicable
Bodily injury by disease, aggregate $ Not Applicable
Employer’s Liability:
Bodily injury, each accident $ 100,000
Bodily injury by disease, each employee $ 100,000
Bodily injury/disease aggregate $ 500,000
For work performed in monopolistic states, stop-gap liability coverage shall be endorsed to either the worker’s compensation or commercial general liability policy with a minimum limit of: $ Not Applicable
Foreign voluntary worker compensation Statutory
2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and
6.03.C of the General Conditions:
General Aggregate $ 2,000,000
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 4 of 13
Products - Completed Operations Aggregate $ 2,000,000
Personal and Advertising Injury $ 1,000,000
Each Occurrence (Bodily Injury and Property
Damage) $ 1,000,000
3. Automobile Liability under Paragraph 6.03.D. of the General Conditions:
Combined Single Limit of $ 1,000,000
4. Excess or Umbrella Liability:
Per Occurrence $ 5,000,000
General Aggregate $ 5,000,000
5. Contractor’s Pollution Liability:
Each Occurrence $ 1,000,000
General Aggregate $ 2,000,000
If box is checked, Contractor is not required to provide Contractor’s
Pollution Liability insurance under this Contract
6. Additional Insureds: In addition to Owner and Engineer, include as additional insureds the following:
A. Owner, Longswamp Township, 1112 State Street, Mertztown, PA
19539, and its Boards, Commissions and Authorities (including with respect to each, the individual members thereof) and its elected and appointed officers, officials, employees, professional consultants and agents.
B. Engineer, Hanover Engineering Associates, 252 Brodhead Road, Suite
100, Bethlehem, PA 18017, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors.
7. Contractor’s Professional Liability:
Each Claim $ Not Applicable
Annual Aggregate $ Not Applicable
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 5 of 13
SC-6.05 Property Insurance
SC-6.05.A Add the following to the list of requirements in Paragraph 6.05.A, as a numbered item:
14. be subject to a deductible amount of no more than [$5,000] for direct physical loss in any one occurrence.
ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES
SC-7.03 Services, Materials and Equipment
SC-7.03. Add the following new paragraph after Paragraph 7.03.C:
D. No asbestos containing materials of any kind shall be used in construction of this project
SC-7.06 Concerning Subcontractors, Suppliers, and Others
SC-7.06. Add the following immediately after the last sentence in Paragraph 7.06.A:
The value of all work performed by Subcontractors shall not exceed 33% 49% of the
Contract Amount.
SC-7.09 Taxes
SC 7.09 Add a new paragraph immediately after Paragraph 7.09.A:
B. Owner is exempt from payment of sales and compensating use taxes of the State of Pennsylvania and of cities and counties thereof on all materials to be incorporated into the Work.
1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the
Work. The exemption shall only apply to products specified by the
Pennsylvania Tax Code; currently limited to building machinery and equipment. It shall be the Contractor’s responsibility to determine the tax exempt status of any materials used in the Work. Refer to:
https://www.revenue.pa.gov/TaxTypes/SUT/Pages/Act%2045%20of%201998.
aspx.
2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work.
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 6 of 13
SC-7.14 Hazard Communication Programs
SC 7.14 Add the following new paragraph after Paragraph 7.14.A:
7.14.B Contractor shall submit copies of material safety data sheets (MSDS) for each product or material used to Engineer for information purposes. Contractor shall maintain a set of all MSDS onsite.
ARTICLE 8 – OTHER WORK AT THE SITE
SC-8.02 Coordination
SC-8.04 Claims Between Contractors
Add the following new paragraph immediately after paragraph GC 8.03:
SC-8.04 Claims Between Contractors
A. Should Contractor cause damage to the work or property of any other contractor at the Site, or should any claim arising out of Contractor’s performance of the
Work at the Site be made by any other contractor against Contractor, Owner, Engineer, or the construction coordinator, then Contractor (without involving
Owner, Engineer, or construction coordinator) shall either (1) remedy the damage, (2) agree to compensate the other contractor for remedy of the damage, or (3) remedy the damage and attempt to settle with such other contractor by agreement, or otherwise resolve the dispute by arbitration or at law.
B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, the construction coordinator and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any other contractor against Owner, Engineer, consultants, or the construction coordinator to the extent said claim is based on or arises out of
Contractor’s performance of the Work. Should another contractor cause damage to the Work or property of Contractor or should the performance of work by any other contractor at the Site give rise to any other Claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, or the construction coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from Owner, Engineer, or the construction coordinator on account of any such damage or
Claim.
C. If Contractor is delayed at any time in performing or furnishing the Work by any act or neglect of another contractor, and Owner and Contractor are unable to
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 7 of 13 agree as to the extent of any adjustment in Contract Times attributable thereto, Contractor may make a Claim for an extension of times in accordance with Article
12. An extension of the Contract Times shall be Contractor’s exclusive remedy with respect to Owner, Engineer, and construction coordinator for any delay, disruption, interference, or hindrance caused by any other contractor. This paragraph does not prevent recovery from Owner, Engineer, or construction coordinator for activities that are their respective responsibilities.
ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION
SC-10.03 Project Representative
SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.A:
B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions.
1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer.
2. Schedules: Review the progress schedule, schedule of Shop Drawing and
Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other
Project-related meetings, and prepare and circulate copies of minutes thereof.
4. Liaison:
a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the
Contract Documents.
b. Assist Engineer in serving as Owner’s liaison with Contractor when
Contractor’s operations affect Owner’s on-Site operations.
c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work.
5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by
Engineer.
This document is a MODIFIED version of EJCDC® C-800, 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.
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6. Shop Drawings and Samples:
a. Record date of receipt of Samples and Contractor-approved Shop
Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination.
c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which
RPR believes that the submittal has not been approved by Engineer.
7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, if any, to Engineer. Transmit to
Contractor in writing decisions as issued by Engineer.
8. Review of Work and Rejection of Defective Work:
a. Conduct on-Site observations of Contractor’s work in progress to assist
Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents.
b. Report to Engineer whenever RPR believes that any part of
Contractor’s work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.
9. Inspections, Tests, and System Start-ups:
a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate
Owner’s personnel, and that Contractor maintains adequate records thereof.
b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups.
10. Records:
a. Prepare a daily report or keep a diary or log book, recording
Contractor’s hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field
Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 9 of 13 observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer.
b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment.
c. Maintain records for use in preparing Project documentation.
11. Reports:
a. Furnish to Engineer periodic reports as required of progress of the
Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals.
b. Draft and recommend to Engineer proposed Change Orders, Work
Change Directives, and Field Orders. Obtain backup material from
Contractor.
c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental
Condition.
12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals: During the course of the
Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work.
14. Completion:
a. Participate in Engineer’s visits to the Site to determine Substantial
Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected.
b. Participate in Engineer’s final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied.
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 10 of 13
c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work.
C. The RPR shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).
2. Exceed limitations of Engineer’s authority as set forth in the Contract
Documents.
3. Undertake any of the responsibilities of Contractor, Subcontractors, or
Suppliers.
4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work.
5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer.
7. Accept Shop Drawing or Sample submittals from anyone other than
Contractor.
8. Authorize Owner to occupy the Project in whole or in part.
ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
SC-13.03 Unit Price Work
SC 13.03.E Delete Paragraph 13.03.E in its entirety and insert the following in its place:
E. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:
1. if the extended price of a particular item of Unit Price Work amounts to
25 percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by
Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and
2. if there is no corresponding adjustment with respect to any other item of
Work; and
3. if Contractor believes that Contractor has incurred additional expense as a result thereof, Contractor may submit a Change Proposal, or if Owner
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 11 of 13 believes that the quantity variation entitles Owner to an adjustment in the unit price, Owner may make a Claim, seeking an adjustment in the Contract
Price.
ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
SC-15.01 Applications for Payments
SC 15.01.B Delete Paragraph 15.01B.1 and insert the following:
1. Not more often than once per month, submit to Engineer for review an
Application for Payment filled out and signed by Contractor covering the Work performed during the prior calendar month, and accompanied by such supporting documentation as is required by the Contract Documents. No payments will be made for any material not yet fully incorporated into the Work.
15.03 Substantial Completion
SC 15.03.B Add the following new subparagraph to Paragraph 15.03.B:
1. If some or all of the Work has been determined not to be at a point of
Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15.
SC-15.08 Correction Period
SC 15.08.A Amend the first sentence of Paragraph 15.08.A by replacing the words “one year” with the words “eighteen months”.
ARTICLE 17 – FINAL RESOLUTION OF DISPUTES
SC-17.02 Add the following new paragraph immediately after Paragraph 17.01.
SC-17.02 Arbitration
A. All matters subject to final resolution under this Article will be decided by arbitration in accordance with the rules of the American Arbitration Association, subject to the conditions and limitations of this paragraph. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction.
B. The demand for arbitration will be filed in writing with the other party to the
Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the specific time required in this Article, or if no specified time is applicable within a reasonable time after the matter in question has arisen, and
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 12 of 13 in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such matter in question would be barred by the applicable statute of limitations. The demand for arbitration should include specific reference to Paragraph SC-17.02.D below.
C. No arbitration arising out of or relating to the Contract shall include by consolidation, joinder, or in any other manner any other individual or entity
(including Engineer, and Engineer’s consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless:
1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration;
and
2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings.
D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties, in writing, and include a concise breakdown of the award, and a written explanation of the award specifically citing the Contract provisions deemed applicable and relied on in making the award.
E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Laws and Regulations relating to vacating or modifying an arbitral award.
F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor.
SC-17.03 Attorneys’ Fees
SC-17.03 Add the following new paragraph immediately after Paragraph 17.02.
SC-17.03 Attorneys’ Fees
A. For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys’ fees incurred in the final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subject to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result.
This document is a MODIFIED version of EJCDC® C-800, 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.
00 73 00 - Page 13 of 13
ARTICLE 18 – MISCELLANEOUS
Add the following two paragraphs immediately after Paragraph 18.08.A:
SC-18.09 Steel Products
A. Any steel products used in the construction, alteration, repair or maintenance of municipal improvements of a permanent or temporary nature shall be produced in the United States (Act of March 3, 1978, [P.L.
6, No. 3]; 73 P.S. §1881 et seq., known as the PA Steel Products
Procurement Act).
SC-18.10 Equal Employment
A. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap or national origin. The Contractor will take affirmative action to ensure that applicants are employed without regard to race, color, religion, sex, age, handicap, or national origin. Contractor shall take steps to ensure employees are treated during employment without regard to race, color, religion, sex, age, handicap or national origin. Such action will include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
SC-18.11 Public Works Employment Verification
A. This contract is subject to the provisions of Public Works Employment
Verification Act of November 3, 2022, P.L. 2048, No. 141, 71 P.S., Section
656.1-656.11, requiring each successful bidder to submit a completed
Employment Verification Form prior to award of a contract. Each prime contractor must notify all subcontractors, of every level, in their subcontracts, that Act 127 applies to the project and that the subcontractors’ Verification Forms must be submitted to the contracting public body prior to commencing any work on the contract.
SC-18.12 Accessibility Acts
A. This contract is subject to the provisions of the Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act…
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