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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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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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.

00 73 00 - Page 8 of 13

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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