ITB 20-19R-GR - Guide Rail Improvements Bridges 34B and 35A - Rebid.pdf

COUNTY OF BERKS Invitation to Bid #20-19R-GR for Guide Rail Improvements – Bridges 34B and 35A Issued on February 8, 2021 Pre-Bid Conference: Wednesday, February 24, 2021, 10:00 A.M. Local Prevailing Time Refer to Section One, Paragraph 1.C for details. Submittal Deadline: Tuesday, March 30, 2021, 2:00 P.M. Local Prevailing Time Refer to Section One, Subsection 4 for submittal instructions. Opening Date/Time: Tuesday, March 30, 2021, 2:15 P.M. Local Prevailing Time County’s Point-of-Contact for this ITB: George Rodrigues Tel: 610-478-6168 ext. 6270 Fax: 610-898-7404 Email: grodrigues@countyofberks.com Mailing Address: Purchasing Department, 13th Floor, Berks County Services Center, 633 Court Street, Reading, PA, 19601 Engineer for this Project is: McCormick Taylor, Inc. Tel: 610-640-3500 Fax: N/A This Invitation to Bid (ITB) package consists of 119 pages including this cover page and the Table of Contents page. If the

ITB package you received is missing any pages, contact the County of Berks Purchasing Department at telephone number (610) 478-6168. EX1 809882v1 03/11/09 TABLE OF CONTENTS 1. INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 2. ADVERTISEMENT FOR BIDS 3. TECHNICAL SPECIFICATIONS 4. FORM OF BID BOND 5. FORM OF PERFORMANCE BOND 6. FORM OF PAYMENT BOND 7. CONTRACT 8. BID FORM 9. SUBCONTRACTORS LIST 10. EQUIPMENT SUPPLIERS LIST 11. ALTERNATES/SUBSTITUTION LIST 12. NON-COLLUSION AFFIDAVIT 13. AGREEMENT OF SURETY 14. LIST OF STATUTES 16. APPENDIX A – PADEP GP-11 AUTHORIZATION 17. APPENDIX B – CONSTRUCTION PLANS 18. APPENDIX C – PREVAILING WAGE RATES 19. APPENDIX D - ACT NO. 45-1998 (72 P.S. § 7201 ET SEQ.) 20. APPENDIX E – INSTRUCTIONS FOR MICROSOFT TEAMS LIVE EVENT SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 1 ITB #20-19R-GR 1. BID DOCUMENT AVAILABILITY & PRE BID A. The Bid Documents have been prepared by and may be obtained from the County of Berks. The Bid Documents are made available only for the purpose of obtaining Bids for this Project. Their availability does not grant a license for other purposes. B. Upon receipt of Bid Documents, Bidders shall verify that the documents are complete. Bidder shall notify the County of Berks should the documents be incomplete, or upon finding discrepancies or omissions in the Bid Documents. Bidder shall be responsible for the completeness of their set of Bid Documents. No allowance or concession will be made to a Bidder who complains of missing portions of Bid Documents subsequent to the award of Bid. All requests for clarifications must be in writing and received by the County of Berks no less than seven (7) days before Bid deadline. All clarifications, modifications and corrections to the Bid Documents shall be issued in the form of Addenda and shall be forwarded to all known Bidders. Addenda listing revisions and changes to the Bid Documents shall become a part of and take precedence over original Bid Documents and shall be so honored by Bidders in preparing their Bids. C. A pre-bid meeting will be held through a live broadcast using Microsoft Teams on Wednesday, February 24, 2021, beginning promptly at 10:00 A.M. Bidders may participate in the pre-bid conference of this Invitation to Bid by emailing grodrigues@countyofberks.com to request the phone number, link and access code for said meeting. Refer to Appendix E for detailed instruction on how to participate in the pre-bid meeting through a Microsoft Teams Live Event. D. The purpose of this meeting is to conduct a question and answer session regarding this ITB package to maximize the Bidders’ understanding of the requirements of this ITB and to conduct a site tour to allow Bidders to become familiar with the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site relieve the Bidder from the consequences of such failure and shall not constitute grounds for a claim after contract award. A list of those companies represented at the pre-bid meeting will be recorded 2. DEFINITIONS A. Bid Documents: Advertisement for Bids, Instructions to Bidders and General Conditions of Contract, Bid Bond, Performance Bond, Payment Bond, Non-Collusion Affidavit, Subcontractors List, Equipment Suppliers List, Alternates/Substitution List, List of Statutes, Specifications, Plans (if applicable), Bid Form and any Addenda. B. Bidder: Person or entity submitting a Bid. C. Bid Sum: Monetary sum identified by Bidder in Bid Form. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 2 ITB #20-19R-GR D. Contract: Bid Documents and Contract. The terms “Contract” and “Contract Documents” are used interchangeable. E. Contractor: Successful Bidder, i.e., Bidder to whom Contract is awarded. F. Project: Guide Rail Improvements – Bridges 34B and 35A G. County: County of Berks, its agents, employees and/or authorized representative. 3. APPLICABILITY OF INSTRUCTIONS AND CONDITIONS These Instructions to Bidders and General Conditions of Contract are a standardized listing of items generally applicable to Bids for contracted services, specific projects, annual maintenance and other annual contracts entered into by the County. Where an item applies in limited cases, the same shall be noted as well as the conditions respecting applicability. If a Bidder is unsure as to the applicability of a particular item, the County should be contacted for clarification. 4. PREPARATION AND SUBMISSION OF BIDS A. Bidder shall be solely responsible for the delivery of its Bids in the manner and time prescribed. All Bids must be received by the County at the place designated in the Advertisement for Bids, prior to the time designated in the Advertisement for Bids for Bid opening. Bids received after the time advertised for Bid opening shall be returned to Bidders unopened. There will be no exceptions to Bid deadline. It is recommended Bids are submitted via a courier service, however, if Bidder opts to physically deliver the Bid it must be left with County Security personnel at a minimum of one hour prior to the Bid Deadline to ensure appropriate time and resources to deliver the Bid to the County Controller’s Office. B. Bids shall be prepared and submitted on forms furnished by the County. All blank spaces shall be filled in, by typewriter or ink, and amounts shown in both words and numbers. In case of discrepancy, the written words shall be considered as being the Bid Sum (Unit Price and Total Price). All prices are to be firm net prices and are to be F.O.B. destination, including, without limitation, charges for delivery, transportation, placement, handling charges, labor, overhead, profit, etc. C. All Bids shall be irrevocable for a period of sixty (60) days from Bid opening or a longer time if required elsewhere in the Bid Documents or by law. County shall be permitted to order increased quantities of any item Bid, over and above those specified, at the Bid Sum included in the Bid during said sixty (60) day period. D. The Bid Form shall be signed in accordance with the following: SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 3 ITB #20-19R-GR (1) If the Bidder is an individual, the Bid shall be executed by him, personally; his signature shall be witnessed; his business address shall be stated, and any trade name employed in the conduct of his business shall be stated. (2) If the Bidder is a partnership, the Bid Form shall be executed in the name of the partnership by each of the partners, or a general partner authorized for this purpose; the signatures of the partners shall be witnessed; the business of the partnership shall be stated; and the business address of the partnership shall be stated. (3) If the Bidder is a corporation, the Bid Form shall be executed in its name and on its behalf: (a) by the President or Vice President and attested by the Secretary or Assistant Secretary, and the Corporate Seal shall be affixed; or (b) by a duly authorized agent of the corporation whose authority to act, as of the date of the Bid, shall be established by a certified copy of a resolution by the Board of Directors of the bidding corporation authorizing said agent to sign the Bid on behalf of the corporation, submitted with the Bid. The business address of the corporation and state of incorporation shall be stated. (4) If the Bidder is a joint venture, each party of the joint venture shall execute the Bid Form under their respective seals in a manner appropriate to such party as described above. E. Bids exceeding Five Thousand Dollars ($5,000.00) shall be accompanied by Bid Security in the form of a certified check, bank cashier’s check, trust company treasurer’s check, or Bid Bond prepared on the form contained in the Bid Documents. If the Bid Security is in the form of a Bid Bond, it shall be accompanied with a power of attorney evidencing the authority of the agent of the surety to execute the bond as of the date of the Bid. The Bid Bond form must be executed by a surety named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” as published in Circular 570 (as amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, and the amount of the bond shall not exceed the underwriting risk of such surety as set forth in said circular or revision thereof. The surety shall be licensed and qualified to do business in the Commonwealth of Pennsylvania. The Bid Security shall name as payee or obligee, as appropriate, the County, and shall be in an amount not less than Ten Percent (10%) of the Bid Sum. With the exception of the Bid Security accompanying the lowest proposal, Bid Security in the form of Bid Bonds will be returned upon Bidder’s request on or after sixty (60) calendar days following the opening of Bids. Bid Security accompanying the lowest proposal will be returned upon submission and approval of the required Payment Bond and Performance Bond by the successful Bidder to the County. F. As a precondition of the award of the Contract, the Bid shall be accompanied by a completed Verification Form required by the Public Works Employment Verification Act, Act No. 127, July 5, 2012 (formerly Senate Bill 637) acknowledging the Bidder's responsibilities and compliance with the Public Works Employment Verification Act. The Verification Form shall be obtained from the Secretary of the Pennsylvania Department of General Services and shall include SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 4 ITB #20-19R-GR a certification that the information is true and correct, subject to sanctions provided by law. The Verification Form shall be executed by a representative who has sufficient knowledge and authority to make the representations and certifications contained in the Verification Form. If awarded the Contract, Bidder shall cause each Subcontractor (as defined in the Public Works Employment Verification Act) to submit to the Owner a separate and complete Verification Form, executed by a representative who has sufficient knowledge and authority to make the representations and certifications contained in the Verification Form, as required by the Public Works Employment Verification Act, Act No. 127, July 5, 2012 (formerly Senate Bill 637), for before performing any Work on the Project. G. All Bids, including required enclosures if applicable, shall be submitted in a sealed opaque envelope, clearly identified with Bidder’s name and the name of the Project subject to the Bid. The envelope should also contain a notation that it should not be opened until the time specified for Bid opening. Bid envelopes not bearing this notation and opened in error may be rejected by the County, in its sole discretion. If a Bidder elects to submit a Bid by mailing rather than hand delivery, the sealed Bid envelope described above shall be enclosed in a mailing envelope and addressed to the County and must be received prior to the date and time specified for Bid opening. It is recommended Bids are submitted via a courier service, however, if Bidder opts to physically deliver the Bid it must be left with County Security personnel at a minimum of one hour prior to the Bid Deadline to ensure appropriate time and resources to deliver the Bid to the County Controller’s Office. 5. STANDARD OF QUALITY A. The various materials and products specified in the Specifications by name or description are given to establish a standard of the quality and of cost for Bid purposes. It is not the intent to limit the Bidder, the Bid or the evaluation of the Bid to any one material or product specified but rather to describe the minimum standard. When proprietary names are used, they shall be deemed to be followed by the words “or alternatives of the quality necessary to meet the specifications.” A Bid containing an alternative which does not meet the Specifications may be declared non-responsive. A Bid containing an alternative may be accepted but, if an award is made to that Bidder, the Bidder will be required to replace any alternatives which do not meet the Specifications. B. No substitution (alternative) will be considered prior to receipt of Bids unless written request for approval has been received by the County at least ten (10) days prior to the date for receipt of Bids. Such requests shall include, but not be limited to, the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including, without limitation, technical information, specifications, manufacturer’s name and catalog number, drawings, performance and test data, and other information necessary for an evaluation. Bidder shall provide samples if requested. A descriptive catalog must accompany the Bid. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 5 ITB #20-19R-GR C. If the County approves a proposed substitution (alternative) prior to receipt of Bids, such approval will be set forth in an Amendment. Bidders shall not rely upon approvals in any other manner. D. Substitutions (alternatives) may be submitted as part of a Bid only if the Bidder includes all information required under paragraph B above for each substitution (alternative) submitted as part of the Bid and clearly indicates the request for substitution (alternative) on the form of proposal. The County shall not be required to consider or accept any substitution (alternative) that is not specifically identified in a written request for substitution included with the Bid submittal. Failure of the successful Bidder to specifically identify a substitution (alternative) in a request for substitution included with its Bid submittal shall result in the successful Bidder being required to complete the work using materials and products named in the Specifications. E. The County shall be the sole judge in making a determination as to quality and the County shall have the sole and absolute discretion to decide whether to accept any substitution (alternative) in a request for substitution. If the Bidder submits no written request for substitution with the Bid submittal, it is understood that the Bidder will supply the specific item named in the Specifications. 6. MODIFICATION AND WITHDRAWAL A. Bids may not be modified after submittal. B. Bids may be withdrawn after submittal, provided Bidder makes his request to withdraw in writing and the request is received prior to the time specified for Bid opening. C. Negligence by Bidder in preparing his Bid confers no right of withdrawal or modification of his Bid after such Bid has been opened. No claims on account of mistakes or omissions in any Bid will be considered. Notwithstanding the above, a Bidder may withdraw his Bid after such Bid has been opened in accordance with the causes set forth in the Pennsylvania Bid Withdrawal Act, Act No. 4 of 1974, 73 P.S. §1601 et seq. Strict compliance with said Act is required to withdraw a Bid after Bid opening. 7. OPENING OF BIDS Bids will be opened publicly at 2:15 P.M., local prevailing time, on Tuesday, March 30, 2021 (“Bid Opening”), in order to provide public access while also respecting the need for social distancing as a result of COVID 19 the only manner in which to attend the proposal opening shall be through a live broadcast using Microsoft Teams. A summary of Bids received (company name and Bid price) will be posted on the Purchasing Department page of the County’s website (www.countyofberks.com). The public may participate in the opening of this invitation to bid through the URL shown below: SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 6 ITB #20-19R-GR Refer to Appendix E for detailed instruction on how to participate in the opening through a Microsoft Teams Live event. 8. QUALIFICATIONS Prior to the award of Contract, County may require satisfactory evidence to show that the Bidder is fully prepared in every way to perform the Contract timely and that he has been regularly engaged in such business. Bidders on this project must be PennDOT pre-qualified with similar work experience in order to qualify for consideration on this project. Bidders shall indicate PennDOT Prequalification Numbers, expiration dates, and ability factors as necessary. 9. COLLUSIVE BIDS More than one Bid for one Contract from an individual, partnership, corporation, or an association under the same or different names will be grounds for rejection of all Bids in which such Bidder is interested. Any and all Bids will be rejected if there is any reason for believing that collusion exists among any of the Bidders. Participants in such collusion will not be considered in future Bids. 10. BID INELIGIBILITY A. Failure to provide Bid Security shall result in rejection of Bid. B. Bids not based on Bid Documents, those indicating a qualification of the Bid, conditions or uninvited alternate Bids, or which contain alteration of Bid Forms, may be rejected by the County in its sole and absolute discretion. In addition, Bids failing to adhere to the Specifications as provided in Exhibit “A” attached to the Contract may be rejected by the County in its sole and absolute discretion. C. Bids that are unsigned, improperly signed or sealed, or illegible, may be rejected by the County in its sole and absolute discretion. D. Bids where the prices are obviously unbalanced may be rejected by the County in its sole and absolute discretion. E. Bids containing “escalator” clauses may be rejected by the County at the County’s sole and absolute discretion. F. All Bids shall conform with these Instructions to Bidders and General Conditions of Contract. Bids containing minor irregularities or informalities, not relating to price, time, or changes in the work to be performed pursuant to the Contract, may be rejected at the County’s sole and absolute discretion. The County reserves the right to waive any such informalities or irregularities when a waiver is in the County’s best interest. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 7 ITB #20-19R-GR 11. BID REJECTION OR AWARD The County reserves the right to reject any and all Bids, or parts of a Bid, when a rejection is in the County’s best interest. The County reserves the right to reject a Bid if the Bidder is not in a position to perform the Contract or has previously failed to perform similar contracts properly or on time as determined by the County in its sole discretion. If a Contract is awarded, it will be to the lowest responsible Bidder, provided such Bidder’s Bid is reasonable and in the County’s interest to accept. In the event of a dispute between a Bidder and the County regarding the County’s determination of which Bidder is the lowest responsive, responsible Bidder, such contesting Bidder shall be responsible for any legal fees (e.g., fees of attorneys, paralegals and other legal professionals), professional fees, or other costs or expenses incurred by the County. The contesting Bidder shall pay such legal fees, professional fees, or other costs or expenses within seven (7) days of receipt of the County's invoice. Furthermore, under no circumstances shall the County be responsible for any legal fees, professional fees, or other costs or expenses incurred by the contesting Bidder if the County decides not to award the Contract to such Bidder based upon the County’s determination in its sole and absolute discretion that such contesting Bidder is not the lowest responsive, responsible Bidder. 12. CONTRACT A. Every Contract shall be awarded by the County to the lowest responsible Bidder within sixty (60) calendar days of the date of Bid opening, unless this time is extended by the mutual consent of the Bidder and the County. B. The County reserves the right to award a Contract for one or more of the items set forth in the Specifications, or for all items set forth in the Specifications. C. A Contract shall be awarded and shall become binding upon the Bidder and the County pursuant to the issuance of a Contract by the County covering any or all items included in the Bid. D. The Contract Documents consist of the Contract and the Bid Documents. 13. PAYMENT AND PERFORMANCE BONDS A. In accordance with the Public Works Contractors’ Bond Law of 1967, Act of Dec. 20, 1967, P.L. 869, No. 385 any Contract for construction, reconstruction, alteration or repair of any public building or other public work in an amount exceeding Five Thousand Dollars SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 8 ITB #20-19R-GR ($5,000.00) the Contractor shall furnish to County the following bonds, which shall be binding upon the award of said Contract to such Contractor: (1) A performance bond in the amount of One Hundred Percent (100%) of the contract sum, conditioned upon the faithful performance of the Contract in accordance with the Contract Documents shall be submitted. Such bond shall be executed on the form contained in the Bid Documents and shall be solely for the protection of County. (2) A payment bond in the amount of One Hundred Percent (100%) of the contract sum, shall be submitted. Such bond shall be executed on the form contained in the Bid Documents and shall be solely for the protection of claimants supplying labor and materials to the Contractor, or to any of the Contractor’s subcontractors, in the prosecution of the work provided for in such Contract, and shall be conditioned upon the prompt delivery of such materials furnished or labor supplied or performed in the prosecution of the work. B. Each of the above-referenced bonds shall be executed by a surety named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” as published in Circular 570 (as amended) by the Audit Staff, Bureau of Governmental Financial Operations, U. S. Treasury Department, and the amount of the bonds shall not exceed the underwriting risk of the surety as set forth in said circular or revision thereof. The surety shall be licensed and qualified to do business in the Commonwealth of Pennsylvania. The bonds shall be accompanied by a power of attorney evidencing the authority of the agent of the surety to execute the bonds as of the date of the bonds. C. Failure of a Contractor to submit the required bonds within ten (10) calendar days of the date of the County’s Contract shall constitute a default by the Contractor, and the County may, at its sole discretion, award the Contract to the next lowest responsible Bidder, reserving to itself all rights for damages relating to said default, or, in the alternative, allow the Contractor additional time in which to secure the required bonds. Other forms of bonds or changes in amounts may be required in the Specifications. 14. DETAILED COST BREAKDOWN For any Contract exceeding Five Thousand Dollars ($5,000), Contractor shall submit a Detailed Cost Breakdown (the total of which shall equal the full amount of the contract sum), and a list of all materials including the number of units to be installed and/or delivered and the price applicable thereto (which shall include, without limitation, delivery, transportation, placement, handling charges, labor, overhead and profit, etc.) in a form acceptable to the County. The Detailed Cost Breakdown shall be submitted to the County within ten (10) calendar days of the date of the County’s Contract. The County shall have the right to withhold payment to the Contractor until the Detailed Cost Breakdown is submitted by the Contractor. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 9 ITB #20-19R-GR 15. RECEIVING HOURS All shipments are to be made to the County in accordance with the instructions forwarded to the successful Bidder by the County. All deliveries shall be made between the hours of 8:00 a.m. and 2:30 p.m., Monday through Friday, except on County holidays. 16. INSURANCE All Contractors doing work for the County shall carry such liability insurance as set forth below to fully protect the County against all claims which may arise. No work shall be started until the County has been provided Certificates of Insurance executed by an insurer licensed or approved to transact the business of insurance in the Commonwealth of Pennsylvania on a standard form provided by the insurer stating their intention to provide insurance to the Contractor in accordance with these insurance requirements. The Contractor shall at its own expense, purchase and maintain insurance in companies having an A- or better, or financial rating of IX or better with the A.M. Best’s Company Key Rating Guide-Latest Edition and being satisfactory to the County. All Certificates of Insurance must indicate that the County, and its agents, if applicable, have (through endorsement to the policy) been specifically named as additional insured parties. The Certificate of Insurance must also provide that the policy will not be cancelled, materially changed, or allowed to expire until at least ten (10) days prior written notice, by certified mail, has been provided to the County, and its agents, if applicable. In addition, all of the Contractor’s insurance policies and the Certificate of Insurance shall state that all of the Contractor’s insurance policies are primary and non-contributory with respect to any other valid and collectible insurance policies. Failure to furnish the correct types of insurance on the correct forms in the correct amounts shall constitute a material breach of the conditions for award of the Contract and the Contractor shall be deemed to be in default. Bidders must provide with their bid a sample certificate of insurance evidencing, at minimum, the insurance coverage, types and levels set forth below. A. General Liability Insurance. General liability coverages shall be provided by commercial general liability policy on an occurrence basis. The policy date shall predate the Contract. The termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of the Contract or later if otherwise specified in the Bid Documents. Where the Specifications require underground excavation, underground hazard coverage must be included. Where the Specifications require demolition and/or use of explosives, the explosion and collapse hazard coverage must be included. (i) Bodily Injury: $1,000,000 each occurrence, $2,000,000 aggregate. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 10 ITB #20-19R-GR (ii) Property Damage: $1,000,000 each occurrence, $2,000,000 aggregate. B. Automobile Liability. (Including owned, non-owned and hired vehicles). (i) Bodily Injury: $1,000,000 each occurrence. (ii) Property Damage: $1,000,000 each occurrence. C. Workers’ Compensation and Employers’ Liability. (i) Employers’ Liability: $500,000 each accident. $500,000 disease policy limits. $500,000 disease – each employee. (ii) Statutory Limits for Workers’ Compensation. D. Umbrella Excess Liability: $2,000,000 for each occurrence and $2,000,000 in the aggregate which provides excess coverage over all underlying insurance policies. E. Contractor’s Pollution Liability: $1,000,000 each loss $1,000,000 aggregate Coverage to be provided for pollution claims resulting from the operations of the Contractor and any Subcontractors, as well as any materials or supplies brought onto the jobsite. Policies to include coverage for Bodily Injury, Property Damage, and Cleanup Costs. Including Mold Coverage and Asbestos Coverage Contractor’s failure to procure the necessary insurance and/or submit the required Certificates of Insurance, as stated above, within ten (10) calendar days of the County’s Contract shall constitute a default by the Contractor, and the County may, at its sole discretion, award the Contract to the next lowest responsible Bidder, reserving to itself all rights for damages relating to said default, or, in the alternative, allow the Contractor additional time in which to secure the required insurance coverage. Other forms of insurance or changes in the amounts may be required in the Specifications. Prior to commencement of the performance of the Contract, Contractor shall furnish to the County a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the County of Berks, its elected officials, agents, and employees as additional insureds for “ongoing operations” and “products and completed operations” for a period of three years after final payment under the Commercial General Liability Coverage. Coverage should be provided by ISO Endorsements CG20 10 07 04 and CG2037 07 04 or their equivalent. Contractor’s Commercial General Liability and Umbrella/Excess Policy shall be Primary to and will not require contribution from any other insurance under which the SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 11 ITB #20-19R-GR Additional Insured is a Named Insured. To the fullest extent permitted by applicable state law, all policies shall contain a Waiver of Subrogation Clause. The County of Berks reserves the right to waive the waiver of subrogation for any and all worker’s compensation policies that are provided under the State Worker’s Insurance Fund (SWIF). The Certificate shall note the project and provide that no policies may be cancelled without ten (10) days advance written notice to the County. Such certificate shall be issued to: County of Berks, Attn: Contract Coordinator, 633 Court Street, 13th Floor Services Center, Reading, PA 19601. All insurance policies shall be in effect with companies holding an A.M. Best rating of “A-“ or better or financial rating of IX or better with the A.M. Best’s Company Key Rating, Guide Latest Edition and shall be licensed or authorized to do business in the Commonwealth of Pennsylvania. Such companies shall also be acceptable to the County. Said policies shall remain in full force and effect until the expiration of the terms of the contract or until completion of all duties to be performed hereunder by the Contractor, whichever shall occur later. Such certificate shall be issued to: County of Berks, Attn: Director, Contracts & Procurement, 633 Court Street, 13th Floor Services Center, Reading, PA 19601. The Contractor’s General Liability policy shall include the CG2503 Designated Construction Project’s General Aggregate Limit or its equivalent. The minimum coverage limits set forth herein shall be subject to periodic review, and the County reserves the right to require that the Contractor increase the minimum coverage limits if, in the reasonable opinion of the County, the minimum coverage limits become inadequate. 17. FAMILIARITY WITH PROPOSED WORK The Contract is entered into by the County with the understanding that the Contractor, prior to submission of its Bid, acquainted itself with the requirements of all Bid Documents, all utilities in existence to which connections are to be made and other requirements of the Contract, and that the Contractor has obtained all necessary information for completion of the work on or before the date(s) specified. The Contractor shall not at any time after the execution of the Contract set up any claims whatsoever based upon insufficient data or incorrectly assumed conditions, nor shall the Contractor claim any misunderstanding in regard to the nature, conditions or character of the work to be done under the Contract, and Contractor shall assume all risk resulting from any changes in the conditions which may occur during the progress of the work. 18. SAFETY DATA SHEETS; Right To Know Act Each Bidder submitting a Bid for any materials containing any hazardous substance listed on the Hazardous Substance List compiled by the Commonwealth of Pennsylvania, Department of Labor & Industry, must furnish appropriate material safety data sheets for all products for which they submit a Bid, along with the Bid. Failure to include the material safety data sheets with the Bid will void the Bid for that particular material. The County reserves the right to reject Bids for products that contain hazardous materials if, in the County’s discretion, the product is too SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 12 ITB #20-19R-GR hazardous to be used. All successful Bidders shall comply with all other terms and conditions of the Pennsylvania Worker and Community Right-to-Know Act, Act No. 159 of 1984, 35 P.S. §7301 et seq., providing all information regarding the composition of all materials and products used or installed as part of the Project when required. 19. HUMAN RELATIONS ACT For contracts for construction, alteration or repair of any public building or public work, the provisions of the Pennsylvania Human Relations Act, Act 222 of October 27, 1955, P.L. 744, 43 P.S. §951 et seq., prohibit discrimination because of race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, by employers, employment agencies, labor organizations, contractors and others. For contracts for construction, alteration or repair of any public building or public work, Contractor does hereby agree to comply with the provisions of the Pennsylvania Human Relations Act, as amended, which are hereby made part of all said contracts. Contractor’s attention is directed to the language of the Commonwealth Non-Discrimination Clause as set forth in 16 Pa. Code §349.101. 20. PREVAILING WAGE RATES A. For contracts for construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, exceeding Twenty-Five Thousand Dollars ($25,000), in accordance with the Pennsylvania Prevailing Wage Act, approved August 15, 1961, Act No. 442, P.L. 987, as amended by Act 342 of 1963, P.L. 653, 43 P.S. 165-1 et seq., and the regulations issued pursuant thereto, the Prevailing Wage Rates as determined by the Secretary of the Department of Labor and Industry, Prevailing Wage Division of the State of Pennsylvania, for the locality of the work and for each classification of workers needed to perform the Contract shall apply, and workers shall be paid not less than these Prevailing Wage Rates. The provisions of the Pennsylvania Prevailing Wage Act, regulations and the Pennsylvania Prevailing Minimum Wage Rates, as determined by the Secretary of Labor and Industry, are made part of all said Contract. B. If the project is subject to the Davis Bacon wage rates and the regulations issued pursuant thereto, the Prevailing Wage Rates as determined by the Administrator of the Wage and Hour Division of the U.S. Department of Labor, for the locality of the work and for each classification of workers needed to perform the Contract shall apply, and workers shall be paid not less than these Prevailing Wage Rates. The provisions of the Bacon Davis Act, regulations and the Prevailing Minimum Wage Rates, as determined by the Administrator of the Wage and Hour Division of the U.S. Department of Labor, are made part of all said Contract. 21. DISCRIMINATION PROHIBITED According to Section 62 Pa.C.S.A. § 3701, the Contractor agrees that for any contracts entered into with the County for the construction, alteration or repair of any public building or public work shall contain the following provisions: SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 13 ITB #20-19R-GR A. In the hiring of employees for the performance of work under the Contract, or any subcontract, no contractor, subcontractor, or any person acting on behalf of the contractor or subcontractor shall, by reason of gender, race, creed or color, discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates. B. No contractor, subcontractor, or any person acting on their behalf, shall in any manner discriminate against or intimidate any employee hired for the performance of work under the Contract on account of gender, race, creed or color. C. The Contract may be canceled or terminated by the County, and all money due or to become due under the Contract may be forfeited, for a violation of the terms or conditions of that portion of the Contract. D. The Contractor shall include the provisions of this Paragraph 21(a), (b) and (c) in every subcontract so that such provisions will be binding, upon each subcontractor. E. Contractor and each subcontractor or any person acting on their behalf shall furnish necessary employment documents and records to and permit access to their books, records, and accounts by the County and the Bureau of Professional Selections and Administrative Services, for purposes of investigation, to ascertain compliance with the terms or conditions of the Contract. If the Contractor or any subcontractor does not possess documents or records reflecting the necessary information requested, the Contractor or subcontractor shall furnish such information on reporting forms supplied by the County or the Bureau of Professional Selections and Administrative Services. 22. STEEL PRODUCTS PROCUREMENT For contracts for construction, reconstruction, alteration, repair, improvement or maintenance of public works, in accordance with the Pennsylvania Steel Products Procurement Act, Act No. 3 of 1978, P.L. 6, 73 P.S. § 1881 et seq., if any steel or steel products are to be used or supplied in the performance of such contracts, only those produced in the United States as defined in the Pennsylvania Steel Products Procurement Act shall be used or supplied in the performance of the contracts or any subcontract thereunder. In accordance with Act 161 of 1982, cast iron products shall be included in the requirements pertaining to the production of steel product in the United States. In accordance with Act 141 of 1984, steel products shall be defined to include machinery and equipment listed in United States Department of Commerce Standard Industrial Classification 25 (furniture and fixtures), 35 (machinery, except electrical) and 37 (transportation equipment) and made of, fabricated from, or containing steel components. If a product contains both foreign and United States steel, such product shall be determined to be a United States steel product only if at least seventy-five percent (75%) of the cost of the articles, materials and supplies have been mined, produced or manufactured, as the case may be, in the SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 14 ITB #20-19R-GR United States. Transportation equipment shall be determined to be a United States steel product if it complies with Section 165 of Public Law 97-424 (96 Stat. 2136). 23. CASH ALLOWANCES No cash allowances for any purposes are included in the Specifications for this Project. 24. PREVENTION OF ENVIRONMENTAL POLLUTION Section 3301 of the Pennsylvania Commonwealth Procurement Code requires that all invitations for Bids and requests for proposals for construction projects issued by any governmental agencies shall set forth any provision of federal and state statutes, rules, and regulations dealing with prevention of environmental pollution and the preservation of public natural resources that affect the Project. In this regard, attached to the Bid Documents is a list of Pennsylvania statutes. Contractor is hereby notified and agrees to comply with the terms of all statutes, rules and regulations that affect the Project on which Bids are being received. Each and every provision of law and clause required by law to be inserted in the Contract Documents shall be deemed to be inserted herein and the Contract Documents shall be read and enforced as though it were included herein, and if through mistake or otherwise such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion. 25. EROSION CONTROL Contractors performing excavation work shall comply with all rules and regulations of Chapter 102, Title 25 of the Pennsylvania Code (25 Pa. Code Section 102.1, et seq.), relating to soil erosion and sedimentation control. Prior to any grading, the Contractor shall be responsible to obtain approval from the Department of Environmental Resources for an approved sedimentation and erosion control site plan and shall perform all necessary site work in accordance with said plan. The plan shall be available at the site at all times. Contractors performing excavation work shall maintain all devices as required to control erosion caused by storm water and prevent dust and particles from being distributed on site. 26. BLASTING All storage, handling and use of explosives for the purpose of excavation shall be performed by the Contractor in strict accordance with Title 25, Chapter 211, of the Pennsylvania Code, as well as any applicable local regulations. Strict control of blasting must be maintained to prevent flying rock, and blasting mats must be used where conditions dictate their use. When blasting in the vicinity of utility lines, such blasting must be performed according to Section 211.62 of Title 25 of the Pennsylvania Code. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 15 ITB #20-19R-GR 27. SITE EXCAVATION The Contractor shall: A. Request the location and type of facility owner lines at the Project site by notifying the facility owner through the one call system as defined in 73 P.S. § 176. Notification shall be not less than three (3) business days nor more than ten (10) business days in advance of beginning excavation or demolition work. No work shall begin earlier than the scheduled excavation date which shall be on or after the third business day after notification. The scheduled excavation date shall exclude the date upon which notification was received by the one call system and notification received on a Saturday, Sunday or holiday, which shall be processed on the following business day. In the case of a complex project as defined in 73 P.S. § 176, notification shall not be less than ten (10) business days in advance of the beginning of excavation or demolition work. B. Provide the one call system with specific information to identify the Project site so that facility owners might provide indications of their lines. C. Take reasonable steps to work with facility owners including, without limitation, scheduling and conducting a preconstruction meeting, so that the Contractor may locate the facilities at a time reasonably in advance of the actual start of excavation or demolition work for each phase of the Work if the Project is a complex project as defined in 73 P.S. § 176 or if an excavation Contractor intends to perform work at multiple sites or over a large area. After commencement of excavation or demolition work, the excavation Contractor shall be responsible for protecting and preserving the staking, marking or other designation until no longer required for proper and safe excavation or demolition work at or near the underground facility, or by contacting the one call system to request that the facilities be marked again in the event that the previous markings have been compromised or eliminated. D. Comply with the requirements established by the one call system regarding the maximum area that a notification may cover. E. Inform each operator employed by the excavation Contractor at the Project site of the information received with respect to location and type of underground installations and any other information required by 73 P.S. § 176, et. seq. F. Report immediately to the County, any break or leak on its lines or any dent, gouge, groove or other damage to such lines, to their coating or cathodic protection, made or discovered in the course of the excavation or demolition work. G. Immediately notify 911 and the facility owner if the damage results in the escape of any flammable, toxic or corrosive gas or liquid which endangers life, health or property. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 16 ITB #20-19R-GR H. Assist a facility owner in determining involvement of a facility owner’s lines by disclosing additional available information requested by the facility owner, including, without limitation, dimensions and the direction of proposed excavations. I. Re-notify the one call system unless other arrangements have been made directly with the facility owners involved at the Project site if the excavation Contractor removes its equipment and vacates the Project site for more than two (2) business days. J. Submit an incident report to the Department of Labor and Industry of the Commonwealth of Pennsylvania not more than ten (10) business days after striking or otherwise damaging a facility owner’s line during excavation or demolition activities that resulted in personal injury or property damage to parties other than the affected excavation Contractor or facility owner. K. Comply with all requests for information by the Department of Labor and Industry of the Commonwealth of Pennsylvania relating to such Department of Labor and Industry’s enforcement authority under the 73 P.S. § 176, et. seq. within thirty (30) days of the receipt of the request. L. Ensure the accuracy of the information provided to the one call system pursuant to 73 P.S. § 176, et. seq. M. Become thoroughly acquainted with and comply with all other terms and conditions specified in 73 P.S. § 176, et. seq., as amended from time to time including, without limitation, the Contractor shall pay all applicable fees. N. Complete the site excavation in full compliance with all applicable standards, codes, laws, ordinances, regulations and/or requirements of any applicable state, federal or governmental agency. 28. WAIVER OF CONSEQUENTIAL AND INCIDENTAL DAMAGES; ECONOMIC LOSS The Contractor waives claims against the County for consequential and/or incidental damages arising out of or relating to the Contract. This waiver includes, but is not limited to: A. Consequential damages incurred by the Contractor for principal office expenses including, but not limited to, the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of actual and expected profits. B. Incidental damages incurred by the Contractor including, but not limited to, costs resulting from stopping performance under the Contract, removing and transporting the Contractor’s property (e.g., the Contractor’s equipment, supplies and materials) from the Project SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 17 ITB #20-19R-GR site, and storing the Contractor’s property (e.g., the Contractor’s equipment, supplies and materials) at an alternate location. This waiver is applicable, without limitation, to all consequential and/or incidental damages, due to either the Contractor and/or the County’s termination of the Contract. 29. FEES, PERMITS AND CERTIFICATIONS The Contractor shall pay for, secure and provide all necessary and required local, state and federal fees, permits and certificates. 30. TAX EXEMPT STATUS A. Contractor shall be responsible for and shall pay all applicable sales, use, excise or other taxes required by law on all materials, tools, apparatus, equipment, fixtures, services, incidentals or otherwise which may be purchased or used in connection with the Work or portions thereof. The Bid shall be made in accordance with such laws and shall include all applicable taxes in the Bid amount. Notwithstanding the foregoing, however, Owner is exempt (excluded) from sales and/or use tax in Pennsylvania on certain transactions. Contractor and all subcontractors shall bid and shall purchase as exempt (excluded) from Pennsylvania sales and/or use tax all tangible personal property within the definition of ‘building machinery and equipment’ as that term is defined in Act No. 45-1998 (72 P.S. § 7201 et seq.). Appendix “D” attached hereto and made a part hereof is a true and correct copy of the portion of such Act which defines the term “building machinery and equipment”. No charges shall be allowed for such exempt items. It shall be the Contractor’s responsibility to determine those items for which an exemption will apply, and the Contractor shall obtain legal or other tax advice to determine how and to what extent an exemption from the taxes apply. In order to facilitate such purchase free of sales and/or use tax in Pennsylvania, and upon certification by Contractor that an item is, in fact, tax exempt, the Owner agrees to execute a tax exemption certificate prepared by Contractor or a subcontractor as may be required by the regulations of the Pennsylvania Department of Revenue. B. Assignment of Refund Rights. Owner shall be entitled to claim refunds of sales and/or use tax paid on these and other purchases of tangible personal property required in connection with the Work. The Contractor and all subcontractors hereby assign to Owner all rights to any such refund claim and to any resulting refund and hereby appoint the Owner as their Attorney-in- Fact to execute and acknowledge in their respective names and to prosecute such refund claims before administrative agencies and courts in Pennsylvania having jurisdiction SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 18 ITB #20-19R-GR over such claims. The Owner or its agent shall have the right to review the books and records of the Contractor and all subcontractors for the purpose of documenting and substantiating any such refund claim. Contractor and all subcontractors shall cooperate fully with Owner in pursuing any such refund claim and shall make available to the Owner any applicable documents. C. Access to Accounting Records. The Contractor shall check all materials, equipment and labor entering into the Work, and shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract, and the system shall be satisfactory to the Owner. The Owner or its representative shall be afforded access to, including the right to photocopy, all the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Work, and the Contractor shall preserve all such records for a period of three (3) years, or for such longer period as may be required by the law, after receipt of final payment. D. Contracts with Subcontractors. The Contractor agrees to include the “Access to Accounting Records” and “Assignment of Refund Rights” paragraphs, in full, in any contracts with subcontractors. The Contractor further agrees that it will not file a claim for refund for any sales and/or use tax which is the subject of the assignment in Subparagraph B above. Contractor shall obtain from all subcontractors similar agreements that they will not file claims for refund for any sales and/or use tax which is the subject of the assignment in Subparagraph B above. 31. ALL APPLICABLE LAWS, STATUTES, REGULATIONS AND STANDARDS Contractor shall comply with all applicable federal, state, local and industry statutes, regulations, ordinances, codes and standards. The failure to specifically reference or include said matters in the Contract Documents does not excuse Contractor from compliance with same. 32. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the County, its board members, agents, consultants, and their respective employees and agents from and against any and all claims, suits, demands, liabilities, damages, losses, Taxes and expenses, including, without limitation, legal fees and legal costs, arising out of or resulting from the Contractor’s performance of the Contract, including, without limitation, claims, suits, demands, liabilities, damages, losses, Taxes and expenses attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including, without limitation, loss of use resulting therefrom, caused in whole or in part by acts or omissions or negligence of the SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 19 ITB #20-19R-GR Contractor, its subcontractors, their respective officers, employees, agents, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, suit, demand, liability, damage, loss, Tax or expense is caused in part by the County. The indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. 33. TIME PERIOD FOR PERFORMANCE OF WORK The Contract must be completed within Ninety (90) Calendar Days of the issuance of Notice to Proceed. Notwithstanding the foregoing, the County reserves the right, upon notice to the Contractor, to extend the Contract or any part of the Contract for up to three (3) months upon the same terms and conditions as the County deems necessary in its sole and absolute discretion. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary, up to three (3) months, to enter into a new contract. 34. PAYMENT A. Contractors will be paid according to the schedule below, provided all work for which payment is requested has been completed in accordance with the Contract Documents and Contractor is in full compliance with all requirements of the Contract. Invoices must be received by the end of each calendar month and will be authorized for payment by the Board of Commissioners for the County at the following calendar months regular meeting. Amount of Contract Payment Schedule for Specified Projects Payment Schedule for Annual Contract Under $5,000 100% upon completion of specified work. Annually $5,000 to $20,000 Upon completion of 50% of specified work, respective payment amount shall be made, less retainage. Upon completion of 100% of specified work, remaining payment amount shall be made. Payments shall be subject to conditions of paragraph B hereof. Semi-Annually $20,001 to $50,000 Upon completion of 25%, 50% and 75% of work, respective payment amount shall be made, less retainage. Quarterly SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 20 ITB #20-19R-GR Upon completion of 100% of specified work, remaining payment amount shall be paid. Payments shall be subject to paragraph B hereof. Over $50,000 Payments shall be made monthly upon completion of specified work, less retainage as per paragraph C hereof. Monthly B. For any Contract from Five Thousand Dollars ($5,000) to Fifty Thousand Dollars ($50,000), payment will be made only after the Detailed Cost Breakdown (reference Paragraph 14 hereof) has been provided by the Contractor and approved by the County. Payments shall be made only for work completed according to the Detailed Cost Breakdown. Five percent (5%) retainage shall be withheld by the County for all payments prior to final completion. Upon final completion to the satisfaction and acceptance by the County, in the County’s sole and absolute discretion, final payment, including retainage, shall be made. C. For any Contract in excess of Fifty Thousand Dollars ($50,000), payment will be made only after the Detailed Cost Breakdown (reference Paragraph 14 hereof) has been provided by the Contractor and approved by the County. Payments shall be made only for work completed according to the Detailed Cost Breakdown. Retainage in the amount of ten percent (10%) of the value of the completed work, based on monthly progress payments, shall be withheld by the County during the first fifty percent (50%) of the Contract. Except as otherwise provided herein, when the Contract is fifty percent (50%) completed, one-half (1/2) of the amount retained by the County shall be returned to the Contractor, provided that the County approves the application for payment, and further provided that the Contractor is making satisfactory progress and that there is no specific cause for greater withholding. Notwithstanding the foregoing, the County may continue to withhold ten percent (10%) of the amount due the Contractor after the Contract is fifty percent (50%) completed if the County determines in its sole and absolute discretion that there is a specific cause for greater withholding. A specific cause for greater withholding shall include, without limitation, the following: (1) The Contractor’s inability to produce evidence satisfactory to the County evidencing payments for materials, labor and/or payments to Subcontractors, manufacturers or suppliers; (2) The existence of a dispute between the County and the Contractor regarding increased costs claimed by such Contractor; or (3) A Contractor’s failure to complete the work in accordance with the Contract Documents, including, without limitation, the Plans and Specifications, etc. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 21 ITB #20-19R-GR If a specific cause for greater withholding does not exist, the sum or sums withheld by the County from the Contractor, after the Contract is fifty percent (50%) completed, shall be reduced to five percent (5%) of the value of the completed work based on monthly progress payments. In the event a dispute arises between the County and the Contractor, which dispute is based upon any of the items set forth in this Paragraph 34, the County shall have the option as it deems necessary in its sole and absolute discretion to either continue to withhold additional retainage over and above the amount already retained by the County in the sum of one and one-half (1-1/2) times the amount of any possible liability until such time as a final resolution is agreed to by all parties directly or indirectly involved, unless the Contractor causing the additional claim furnishes a bond satisfactory to the County to indemnify the County, its board members, agents, consultants, and their respective employees and agents against the claim. All money retained by the County may be withheld from the Contractor until final completion of the Contract. D. A continuing Contract providing for daily, weekly or monthly services shall be paid on a monthly basis. 35. TIME OF FINAL COMPLETION For specific projects, the date set for final completion of the Contract is designated in the Specifications. Time is of the essence in completing all work and provisions for liquidated damages in the event of any delay in completing the Contract may be provided for in the Specifications. 36. FAILURE TO FINISH OR COMPLETE CONTRACT In the event the Contractor shall neglect or refuse to complete the Project as required, or any part thereof, or to replace any work which is rejected, then the County is authorized and empowered to purchase materials, equipment and services from third parties, and in such manner as it shall elect at the expense of the Contractor, or to cancel the Contract; reserving to itself, nevertheless, all rights for damages, including, without limitation, legal fees, legal costs, and additional professional costs, which may be incurred by the County. 37. CLEAN-UP/DAMAGE TO PREMISES A. Where work is to be performed by the Contractor on County premises, Contractor shall keep the County’s premises free from accumulation of waste materials or rubbish caused by the Contractor’s performance. At final completion of the work, Contractor shall remove from and about the premises, all waste materials, rubbish, Contractor’s tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided herein, the County may do so, and the costs thereof shall be charged to the Contractor. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 22 ITB #20-19R-GR B. Contractor shall promptly remedy damage and loss to any County building or equipment caused in whole or in part by the Contractor, or anyone directly or indirectly employed by him. 38. WARRANTY All work shall be guaranteed by Contractor against defects in workmanship and materials for a period of one (1) year from the date of acceptance by the County. During this period, Contractor shall agree to promptly remedy, at Contractor’s expense, any defects which were caused, in the judgment of the County, by defective or inferior workmanship or materials. 39. SUBLETTING OR ASSIGNING OF CONTRACTOR The Contractor shall not sublet, sell, transfer, assign, or otherwise dispose of the Contract, or any portion thereof, or of its right, title, or interest therein without the written consent of the County. If Contractor is delayed at any time in the progress of the work by any act or neglect of the County, its agents or employees, any separate Contractor employed by the County or by changes ordered in the work, labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties or by any other cause beyond the control of the Contractor, Contractor’s exclusive remedy shall be an extension of time allowed for final completion of the work under the Contract. This extension of time shall not act as an entitlement for damages due and owing the Contractor for said delay. Under no circumstances shall Contractor be entitled to claim or recover payment, compensation or damages for any delays from any cause whatsoever in the progress of the work, notwithstanding whether such delays be avoidable or unavoidable. 41. GOVERNING LAW. The Contract shall be governed by the law of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. 42. CLAIMS AND DISPUTES. A. Claims, disputes or other matters in question between the parties to the Contract arising out of or relating to the Contract or breach thereof shall be exclusively litigated in the Court of Common Pleas of Berks County. B. Pending resolution of any claim and/or dispute, unless otherwise agreed in writing, Contractor shall proceed diligently with performance of the Contract so as to avoid delay in the schedule of completion of the Project. SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 23 ITB #20-19R-GR C. To the extent the Contractor pursues a claim or litigation against the County and the County prevails, partially or completely, on any or all of its own claims or defenses to the Contractor's claims, leaving the Contractor with less than one hundred percent (100%) recovery, the Contractor will be liable for any and all legal fees, professional fees, costs or expenses of the County, as well as the true cost of any of the County's employees’ time, associated with analyzing any claim, pursuing litigation or defending the claim or litigation. Further, to the extent any Contractor makes an excessive number of claims, which excessiveness, shall be determined solely in the discretion of the County, and the County incurs any legal fees, professional fees, expenses, costs (including, but not limited to, employee cost), the Contractor shall be liable for such fees, expenses or costs. In the event of a dispute between the Contractor and the County, to the extent that the County incurs any legal fees, professional fees, or other costs or expenses, the Contractor will be responsible for those amounts, which will be deducted, to the extent available, from any amount due the Contractor. If the amount due the Contractor is not sufficient to cover such cost, the Contractor shall pay the difference to the County within seven (7) days of receipt of the County’s invoice for such legal fees, professional fees, or other cost or expenses. D. The Contractor and Contractor's Surety shall be liable for and shall pay the County the cost of expenses incurred by the County resulting from the Contractor's delay in completing the Contract within the contract time, as liquidated damages, and not as a penalty, in the amount of eight hundred eighty-five Dollars ($885) per calendar day, for each calendar day of delay until the work is substantially complete at each phase of construction, subject to adjustments of the contract time as provided in the Contract Documents. In the event the Contractor or Surety litigates the validity of this provision or the assertion of liquidated damages, the Contractor and Surety, jointly and severally, shall also be liable for legal fees, professional fees, costs, other expenses and/or damages. This liquidated damages provision applies to each phase of construction. The County’s right to receive liquidated damages shall be in addition to all other rights and remedies available to the County at law or in equity. The County shall have the right to deduct the total amount of liquidated damages for which the Contractor may be liable under this Paragraph 42(D) from any payments then or thereafter due the Contractor. 43. WAIVER OF CLAIMS. The making and acceptance of final payment shall constitute a waiver of all claims by Contractor against the County other than those previously made in writing and specifically identified by Contractor as unsettled at the time of application for final payment. 44. TERMINATION OF CONTRACT. Upon ten (10) days written notice to Contractor, the County may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract. Upon receipt of written notice from the County of such termination, Contractor shall cease operations as directed by the County in the notice; take actions necessary, or that the County may direct, for the protection and preservation of the work; and except for work directed to be performed prior to the effective SECTION ONE INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF CONTRACT 24 ITB #20-19R-GR date of termination stated in the notice, terminate all existing subcontracts and Contracts and enter into no further subcontracts and Contracts. In case of such termination, where Contractor is without fault, Contractor shall be entitled to receive payment from the County for all work satisfactorily performed prior to termination. 45. PENNSYLVANIA UNIFORM CONSTRUCTION CODE. The Contractor shall comply with all requirements of the Pennsylvania Uniform Construction Code, 35 P.S. § 7210.301 – 7210.305, as amended by S.B. 1139, Session of 2004. 46. PENNSYLVANIA PROMPT PAY ACT. The Contractor hereby waives any rights that the Contractor has or may have under the Pennsylvania Prompt Pay Act, 62 Pa. C.S.A. § 3931, et seq., as amended from time to time. 47. INTERPRETATIONS. A. Where required hereunder to effectuate the intent of the Contract Documents, masculine shall mean neuter or feminine and the singular shall mean the plural. B. The captions and headings of various Paragraphs in the Contract Documents are for convenience only and are not to be construed as defining or limiting, in any way, the scope or intent of the provisions hereof. C. The invalidity of any covenant, restriction, condition, limitation or any other part or provision of the Contract Documents shall not impair or affect in any manner the validity, enforceability or effect of the remainder of the Contract Documents. D. The parties hereto acknowledge that all of them have participated in the drafting of the Contract Documents and the parties hereto expressly waive the defense of contra proferentum, i.e., that the Contract Documents or any portion of the Contract Documents may be construed against any party as the drafter thereof. NOTICE: BIDS ARE PUBLICLY OPENED AND READ ON THE DATE SPECIFIED. IF YOU ARE INTERESTED IN IMMEDIATE INFORMATION RELATING TO THE BID, PLEASE HAVE A REPRESENTATIVE VIEW THE BID OPENING AS IT OCCURS. QUESTIONS AND LOW BID INFORMATION WILL BE AVAILABLE DURING BID OPENING. FOLLOWING BID OPENING, THE BIDS WILL BE REVIEWED BY THE APPROPRIATE AUTHORITIES OF AND FOR COUNTY OF BERKS. THEREFORE, INFORMATION ON THE BIDS WILL NOT AGAIN BE AVAILABLE UNTIL THEY HAVE BEEN REVIEWED AND A FINAL RECOMMENDATION IS PRESENTED TO THE BOARD OF COMMISSIONERS OF THE COUNTY OF BERKS AT ITS REGULARLY SCHEDULED MEETING. SECTION TWO ADVERTISEMENT FOR BIDS 25 ITB #20-19R-GR Invitation to Bid #20-19R-GR Guide Rail Improvements – Bridges 34B and 35A - Rebid The County of Berks is accepting sealed bids from qualified bidders for a rebid of Guide Rail Improvements to County owned bridges 34B and 35A. Bids will be accepted by the County, c/o County Controller, Berks County Services Center, 633 Court Street, 12th Floor, Reading, PA, 19601, until 2:00 PM, Tuesday, March 30, 2021. Bids will be opened publicly at 2:15 P.M., on Tuesday, March 30, 2021. In order to provide public access while also respecting the need for social distancing as a result of COVID 19 the only manner in which to attend the bid opening will be through a live broadcast using Microsoft Teams. The Microsoft Teams URL for the opening can be located within the ITB and on the following site under the listing for this specific ITB: https://www.co.berks.pa.us/Dept/Purchasing/Pages/InvitationstoBid(ITB)andRequestforProposal s(RFP).aspx. Each bid must be accompanied by bid security in the amount and form specified in the Invitation to Bid (ITB) package. A pre-bid conference will be held on Wednesday, February 24, 2021 beginning promptly at 10:00 A.M. Bidders shall participate through a live broadcast using Microsoft Teams. Bidders may participate in the pre-bid conference of this Invitation to Bid by emailing grodrigues@countyofberks.com to request the phone number, link and access code for said meeting. Bidders may obtain the ITB package via the following methods: (1) download the ITB package from the County’s website www.countyofberks.com; (2) call the County’s Purchasing Dept at 610-478-6168 to request the package to be sent via fax or email. The County reserves the right to reject any or all bids or any part thereof and/or waive any informality in any bid received when such action is in the best interest of the County. Kelly A. Laubach, CPPB Director of Contracts and Procurement Tel: 610-478-6168 SECTION THREE TECHNICAL SPECIFICATIONS 26 ITB #20-19R-GR 1. Summary 1.1. This project consists of the installation of guide rail and associated safety features at two bridges located in and owned by Berks County. This work includes the installation of new guide rail or the replacement of existing, damaged guide rail sections and components along the roadway approaches, as indicated. The following locations are included as part of this contract: 1.1.1. County Bridge No. 34B – Leaf Creek Bridge, carrying Old Philadelphia Pike over Leaf Creek in Amity Township. The scope of work at this location consists of the removal of the existing, damaged guide rail end treatment at the southeast corner and the placement of a standard guide rail end treatment. In addition, the damaged bridge railing on the south side of the bridge will be removed and replaced. 1.1.2. County Bridge No. 35A – Welfare Farm Bridge, carrying County Welfare Road over Plum Creek in Bern Township. The scope of work at this location consists of building up the existing stone masonry walls and the placement of standard guide rail bridge barrier attachments, transitions and end treatments at all four corners. Grading will be completed within the limits of the end treatment at the southeast corner for proper guide rail installation. 1.2. Access to adjacent properties must be maintained at all times. Temporary rock construction entrances shall be installed as needed to prevent dirt and sediment from being tracked onto public streets. Property owners must be notified prior to any work to be done on their property to coordinate necessary access requirements. The County shall be notified prior to any coordination with property owners and copied on all correspondence. 2. Functional Requirements 2.1. Project Duration: The Contractor shall have Ninety (90) Calendar Days from the date of the written Notice-To-Proceed to complete the project in accordance with the conditions, specifications and provisions as set forth in this contract. Reference Section 1 – Paragraph 42(D) of this document for information regarding liquidated damages liability. 2.2. Utility Coordination: Three (3) working days prior to excavation, the Contractor must contact the PA One Call System, Inc. (1-800-242-1776) to obtain a construction serial number for this project and supply the county proof of the PA One Call. Locations of existing utilities are based on existing records and above ground observations at the site. Completeness or accuracy of location and depth cannot be guaranteed. All Contractors and other persons utilizing these plans and information are cautioned to SECTION THREE TECHNICAL SPECIFICATIONS 27 ITB #20-19R-GR comply with the requirements of PA Act 287 of 1974 as amended by Act 121 of 2008. Each individual using these plans must verify location and depth of all underground utilities and facilities before starting work. The Contractor shall coordinate with appropriate utility company contact persons as provided in these plans. If utility conflicts are encountered during construction, the Contractor shall immediately inform the engineer and make arrangements for the relocation of the necessary utilities at no cost to the County. 2.3. Property Owner Coordination: The Contractor shall notify all nearby property owners of the project fifteen (15) calendar days prior to the start of construction and carbon copy the County on all correspondence. The Contractor shall pay special attention to property owners whose driveway access is being affected by the construction of this project. These property owners are to be provided detailed notification of all impacts to their property access, including but not limited to: duration of the impact, construction schedule (as it relates to their property and access), and plans for alternative access, etc. 2.4. Other Required Coordination: The Contractor shall be responsible for coordinating the maintenance and protection of traffic during construction with all local authorities in accordance with the specifications (refer to Items 0901-0001 and 0901-0002 Maintenance and Protection of Traffic During Construction). 3. Manufacturer Specifications Upon award of this contract, the Contractor shall submit all applicable manufacturer specifications to the County for review and approval. 4. Item Specifications 4.1. For each of the following work items, the Construction Specification shall be in accordance with the referenced Section identified in PennDOT Publication 408 – Specifications, latest edition: 4.1.1. ITEMS 0608-0001 and 0608-0002 MOBILIZATION In accordance with Section 0608 4.1.2. ITEM 0619-0459 PERMANENT IMPACT ATTENUATING DEVICE, TYPE II, TEST LEVEL 3, TANGENT (MASH) In accordance with Section 0619 4.1.3. ITEM 0620-0010 TYPICAL AND ALTERNATE CONCRETE BRIDGE BARRIER TRANSITION WITHOUT INLET PLACEMENT In accordance with Section 0620 SECTION THREE TECHNICAL SPECIFICATIONS 28 ITB #20-19R-GR 4.1.4. ITEM 0620-0400 TERMINAL SECTION, SINGLE In accordance with Section 0620 4.1.5. ITEM 0620-0503 REMOVE EXISTING GUIDE RAIL (CONTRACTOR’S PROPERTY) In accordance with Section 0620 4.1.6. ITEM 0620-1600 TYPE 31-S GUIDE RAIL In accordance with Section 0620 4.1.7. ITEM 0620-1601 TYPE 31-S GUIDE RAIL WITH 7’ EXTRA LENGTH POSTS In accordance with Section 0620 4.1.8. ITEM 0620-1625 TYPE 31-SC GUIDE RAIL In accordance with Section 0620 4.1.9. ITEM 0620-1626 TYPE 31-SC GUIDE RAIL WITH 7’ EXTRA LENGTH POSTS In accordance with Section 0620 4.1.10. ITEM 0620-1670 TYPE 31-STRONG POST IN-LINE ANCHOR In accordance with Section 0620 4.1.11. ITEM 0937-0113 GUIDE RAIL MOUNTED DELINEATOR TYPE D, (W/B) In accordance with Section 0937 4.1.12. ITEM 0941-0001 RESET POST MOUNTED SIGNS, TYPE B In accordance with Section 0941 4.1.13. ITEMS 0901-0001 and 0901-0002 MAINTENANCE AND PROTECTION OF TRAFFIC DURING CONSTRUCTION In accordance 0901 and as follows: 4.1.13.1. Notify the Berks County Facilities Department, the Inspector-in-Charge, all applicable municipalities, property owners, the PennDOT District 5-0 Press Office (610-871-4555), local emergency units (police, fire, medical, etc.), businesses and school districts a minimum of fifteen (15) days prior to the beginning of construction. SECTION THREE TECHNICAL SPECIFICATIONS 29 ITB #20-19R-GR 4.1.13.2. Install and maintain all traffic control devices in accordance with the provisions of 67 PA Code, Chapter 212, Publication 213, Temporary Traffic Control Guidelines, latest edition. If work can be safely completed without the use of a traffic detour or if an approved Traffic Control Plan is not included, the Contractor shall be responsible for providing work zone traffic control in accordance with the appropriate PATA figure from Pub. 213, as approved by the Engineer. Any deviation from the approved plan for the maintenance and protection of traffic during construction shall be approved by the Engineer before putting the change into operation. 4.1.13.3. Maintain access to all driveways (commercial and residential) at all times. Locate all signs so that sight distance is not obstructed at driveways and side streets. Coordinate delivery of project materials so as to minimize the inconvenience of local businesses and residents. 4.1.13.4. Leave accessible all fire hydrants, water valves, and mailboxes at all times. 4.1.13.5. Use Type III or Type IV orange retroreflective sheeting material on all long- term traffic control signs and devices. Provide new or like new traffic control signs and devices. Do not use reflective sheeting that is scratched, scarred, dirty, or shows evidence of loss of reflectivity. 4.1.13.6. Install Type B lights on all traffic control signing during nighttime operations. Face any lighting used for construction purposes during nighttime hours such that the lights do not face motorists approaching the work zone. 4.1.13.7. As defined in 67 PA Code § 173.3 (3) (ii), the use of flashing or strobe lights in headlights, parking lights, and taillights is prohibited. All construction vehicles operated within the project limits are prohibited from using such lights. 4.1.13.8. For mounting of signs, provide Type III Barricades or any other approved mounted required to accommodate all situations in accordance with Publication 111 – Traffic Control – Pavement Markings and Signing Standards TC-8600 and TC-8700 Series. No signs are to be installed on any utility pole. 4.1.13.9. Ensure that ANSI 107-2004 Class 2 apparel (fluorescent yellow-green) is worn by all employees engaged in work operations. Flaggers shall be required to wear ANSI 107-2004 Class 2 vests (fluorescent yellow-green) when performing flagger operations. ANSI Class 3 apparel must be used for additional flagger visibility at night. SECTION THREE TECHNICAL SPECIFICATIONS 30 ITB #20-19R-GR 4.1.13.10 Designate an individual (or individuals) as Traffic Control Supervisor(s) (“TCS”) responsible for all items related to the Maintenance and Protection of Traffic During Construction (“MPT”). Furnish the name(s) or all TCS, their address(es) and telephone number(s) where they can be contacted at all times. TCS contact information shall be provided to State and Local Police and any other interested emergency management agencies prior to the start of work. TCS must be available to respond within twenty (20) minutes to any complaints or deficiencies relating to the MPT. TCS shall be responsible for coordinating with local emergency personnel, setting flares and assisting in emergency traffic control procedures in cases of traffic accidents in the vicinity of the project that affect traffic within or beyond the limits of work. 4.1.13.10. Maintain constant surveillance of the traffic control operations and replace or correct any missing, damaged, ineffective or misaligned devices to the satisfaction of the Inspector-in-Charge at no expense to the County. 4.1.13.11. Any existing signs that conflict with the traffic control devices are to be covered. Have all traffic control devices inspected by the Inspector-in- Charge prior to the start of work and implementation of traffic control devices. Inspect all temporary traffic control signs on a daily basis. 4.1.13.12. Allow no construction equipment to operate on any traffic lane or shoulder outside a suitable protected work area, except in the designated direction of travel for the respective lane or shoulder. Do not interfere with the open traffic lane(s) at any time. This includes, but is not limited to, equipment counterweights swinging into the lane(s), etc. 4.1.13.13. Do not stop, stand or park construction equipment or stockpile material during non-working hours on any traffic lane or shoulder. Do not allow employees to park their personal vehicle on any traveled roadway, shoulder, median or seeded area along the highway. Park equipment at least thirty (30) feet from the edge of the traveled roadway or in areas protected by guide rail or concrete barrier acceptable to the Engineer to adequately protect the traveling public. 4.1.13.14. The Contractor shall be responsible for securing the work area and protecting the traveling public form all potential hazards within the work area, including and especially pedestrians. 4.1.14. ITEM 4619-0459 PERMANENT IMPACT ATTENUATING DEVICE, TYPE II, TEST LEVEL 3, TANGENT (MASH), MODIFIED SECTION THREE TECHNICAL SPECIFICATIONS 31 ITB #20-19R-GR 4.1.14.1. DESCRIPTION – This work is for the installation of the end treatment at guide rail section 3 and the grading necessary to install it correctly at Berks County Bridge No. 35A, carrying County Welfare Road over Plum Creek in Bern Township, as indicated on the Contract Drawings and as directed by the Engineer. 4.1.14.2. MATERIAL – In accordance with the applicable sections of the Pennsylvania Department of Transportation’s (PENNDOT) Publication 408/2020, Specifications, latest edition, herein referred to as Publication 408. 4.1.14.2.1. Foreign Borrow Excavation – Publication 408, Section 205. 4.1.14.2.2. Permanent Impact Attenuating Device, Type II, Test Level 3, Tangent (MASH) – Publication 408, Section 0619. 4.1.14.2.3. Topsoil, Furnished and Placed – Publication 408, Section 802. 4.1.14.2.4. Seeding & Soil Supplements – Formula B, Including Mulch – Publication 408, Section 804. 4.1.14.2.5. Temporary Ultra Short-Term, Rolled Erosion Control Product Type 1D – Publication 408, Section 806. 4.1.14.3. CONSTRUCTION – 4.1.14.3.1. Grade the ground around end treatment of guide rail section 3 as shown on the plans. Once the grading is complete, install end treatment. 4.1.14.4. MEASUREMENT AND PAYMENT – Each. 4.1.14.4.1. Equipment to satisfactorily complete the work as shown and any associated ancillary work are considered incidental to the item. 4.1.15. ITEM 9000-0001 REMOVAL AND REPLACEMENT OF EXISTING, DAMAGED BRIDGE RAILING 4.1.15.1. DESCRIPTION – This work consists of the removal of existing, damaged bridge railing and installation of new railing in kind with the existing railing on the south side of the bridge. SECTION THREE TECHNICAL SPECIFICATIONS 32 ITB #20-19R-GR 4.1.15.2. CONSTRUCTION – Remove the existing bridge railing from parapet walls and retain as Contractor’s property. Install new railing in kind with the existing railing. Any post replacement is incidental and shall be replaced by the contractor, this includes posts damaged by the removal of the existing railing. 4.1.15.3. MEASUREMENT AND PAYMENT – Linear Foot. 4.1.16. ITEM 9000-0002 HAND EXCAVATION 4.1.16.1. DESCRIPTION – This work is for the excavation, by hand, of areas in the vicinity of buried utilities that may conflict with proposed work at Berks County Bridge No. 34B, carrying Old Philadelphia Pike over Leaf Creek in Amity Township and Berks County Bridge No. 35A, carrying County Welfare Road over Plum Creek in Bern Township. Hand Excavation shall be performed prior to the installation of any guide rail posts that will be located in close proximity to underground utilities or at the discretion of the Inspector-in-Charge. 4.1.16.2. CONSTRUCTION – 4.1.16.2.1. The Contractor shall notify the Pennsylvania One Call System prior to the start of work, in accordance with applicable laws and governing statutes. The Inspector-in-Charge shall be provided written documentation of notification including associated serial numbers and list of present utilities regardless of conflict status. 4.1.16.2.2. Excavation is to be performed by hand digging exclusively. No mechanical excavating equipment shall be used in areas of underground utilities. 4.1.16.2.3. Areas must be backfilled in accordance with PennDOT Publication 408, Section 206. 4.1.16.2.4. Jackhammers may be utilized in areas of bituminous pavement to a depth not to exceed the full pavement depth. Utilization of jackhammers may be limited or prohibited by the Inspector-in-Charge based on locations and/or depth of utility lines. 4.1.16.2.5. Repairs to bituminous pavement are incidental to this item. Bituminous pavement is to be installed in accordance with PennDOT Publication 408, Sections 311 and 411. The Contractor shall provide a PennDOT SECTION THREE TECHNICAL SPECIFICATIONS 33 ITB #20-19R-GR approved mix design to the Engineer for approval at least seven (7) days prior to the start of paving operations. 4.1.16.2.6. The Contractor assumes any and all liability associated with work relating to utilities regardless of direction or guidance provided by the County or the Inspector-in-Charge. Neither the County nor the Inspector-in-Charge will be held responsible for utility-related issues in any way. 4.1.16.3. MEASUREMENT AND PAYMENT – Lump Sum. Includes the disposal of excess material not used during the backfilling of excavated area, earthwork, paving, seeding and mulching, and any other work necessary to return areas to original condition. 4.1.17. ITEM 9000-0003 BUILD-UP STONE MASONRY PARAPETS 4.1.17.1. DESCRIPTION – This work is the resetting of masonry parapet stones and building up the stone masonry wall to be uniformly 32” in height without the cap for the first 11’-6” of the wall at each corner, from the end until the pillar, and replacing the concrete barrier cap of Berks County Bridge No. 35A, carrying County Welfare Road over Plum Creek in Bern Township, as indicated on the Contract Drawings and as directed by the Engineer. 4.1.17.2. MATERIAL – 4.1.17.2.1. In accordance with the applicable sections of the Pennsylvania Department of Transportation’s (PENNDOT) Publication 408/2020, Specifications, latest edition, herein referred to as Publication 408. 4.1.17.2.2. Mortar – Publication 408 Section 705.7 and in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the PENNDOT Stone Arch Bridge Maintenance Manual (2007 Edition), or pre-approved equal. Select a mortar that is compatible with the existing mortar color, texture and finish. 4.1.17.2.3. Stone – If existing stone is damaged and additional stone is required, it is to match the existing stone in material, size, cut, texture/finish and color. All new stone to achieve wall height shall match in kind. 4.1.17.2.4. Reinforced Cement Concrete – Publication 408 Section 704 and 709. 4.1.17.3. CONSTRUCTION – SECTION THREE TECHNICAL SPECIFICATIONS 34 ITB #20-19R-GR 4.1.17.3.1. Construction is to be in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the PENNDOT Stone Arch Bridge Maintenance Manual. 4.1.17.3.2. Provide samples of the new mortar and stone to the Engineer seven (7) days prior to construction for approval. 4.1.17.3.3. Remove barrier cap and shifted masonry parapet coping stones as indicated on the Contract Drawings and as directed by the Engineer. Do not use pneumatic hammers with more mass than the nominal 30 pound class. Do not operate pneumatic hammers or mechanical chipping tools at an angle in excess of 45 degrees relative to the surface of the mortared stone. Do not use hydraulic hammers mounted on skid-steer loaders, backhoe loaders, or compact excavators for any mortared stone removal. 4.1.17.3.4. Thoroughly clean underside of removed masonry parapet coping stones and top face of remaining parapet wall of all loose and unsound mortar and foreign material. 4.1.17.3.5. Rinse surfaces with water to remove dust and mortar particles. 4.1.17.3.6. Saturate the surfaces with clean water before applying mortar. 4.1.17.3.7. Install each masonry parapet coping stone with full mortar coverage at all adjoining surfaces as directed by the engineer and stabilize. Joint characteristics and placement of masonry parapet stone shall blend with adjoining existing work. 4.1.17.3.8. Immediately after initial hardening, cure all new mortar with wet burlap or a clear curing compound. 4.1.17.3.9. Remove excess mortar from masonry surfaces and clean the face of the masonry. 4.1.17.3.10. Place new reinforced cement concrete barrier cap to match existing. 4.1.17.4. MEASUREMENT AND PAYMENT – Lump Sum. SECTION THREE TECHNICAL SPECIFICATIONS 35 ITB #20-19R-GR 4.1.17.4.1. Removal of barrier cap, removal of masonry parapet stone, removal of deteriorated mortar, replacement of any damaged capstones, in kind, while completing work, cleaning of surfaces to be mortared, mixing mortar, mortaring prepared surfaces, resetting masonry parapet stone, equipment to satisfactorily complete the work as shown and any associated ancillary work are considered incidental to the BUILD-UP STONE MASONRY PARAPETS lump sum. SECTION FOUR FORM OF BID BOND 36 ITB #20-19R-GR COUNTY OF BERKS BID BOND FORM KNOW ALL MEN BY THESE PRESENTS that we, _____________________ (hereinafter called the “Principal”), and ______________________________________, a company authorized to transact business in the Commonwealth of Pennsylvania, and having its principal office at ___________________________________________________ (hereinafter called the “Surety”), as Surety, are held and firmly bound unto the COUNTY OF BERKS (hereinafter called the “Obligee”), as Obligee, in the sum of ____________________________________ Dollars ($_____________) lawful money of the United States of America, for payment of which we bind ourselves, and each of our respective heirs, legal representatives, successors and assigns, jointly and severally, by these presents, on this _____day of ________________, 2021. WHEREAS, said Principal is herewith submitting to the Obligee a Bid to perform work for the Obligee’s Guide Rail Improvements for Bridges 34B and 35A Rebid Project in Berks County, Pennsylvania, pursuant to plans, Specifications, and other Contract Documents incorporated into said Bid by reference; and it is a condition of the Obligee’s receipt and consideration of said Bid that such Bid shall be accompanied by Bid Security to be held by the Obligee on terms embodied herein. THEREFORE, the condition of this obligation is that if said Principal shall, in the event of acceptance of his Bid by Obligee and within the period specified therefore in the Bid Documents, enter into a written agreement with the Obligee, in accordance with the Bid as accepted, and give a Performance Bond and a Payment Bond to the Obligee with good and sufficient surety or sureties, as may be required for the faithful performance and proper fulfillment of the Contract, in the form specified by the Owner, and furnish required certificates of insurance, and shall enter into such Contract, in all respects as required by the Bid Documents, then this obligation shall be void and of no effect, but otherwise it shall remain in full force. In the event of the failure to enter into such Contract, give such bonds, and furnish such certificates within the time specified, the Principal and Surety shall pay to the Obligee the difference between the amount of the Principal’s accepted Bid and any higher amount for which the Obligee may contract for the required work, as well as any advertising, architectural fees, legal fees (e.g., fees of attorneys, paralegals and other legal professionals) and other costs and expenses incurred by the Obligee by reason of the default; provided, however, that the obligations of the Surety hereunder shall not exceed the amount of this Bid Security together with interest. SECTION FOUR FORM OF BID BOND 37 ITB #20-19R-GR IN WITNESS WHEREOF, the Principal and Surety, intending to be legally bound, have executed this Bid Bond the day and year aforementioned. (Individual Principal) ____________________________(SEAL) (Signature of Individual) Witness: Trading and Doing Business as: ______________________________ ___________________________________ (Partnership Principal) ___________________________________ (Name of Partnership) Witness: ______________________________ By:_________________________(SEAL) _____________________________ By:__________________________(SEAL) (Corporation Principal) ___________________________________ (Name of Corporation) Attest:________________________ By:_______________________________ (Asst.) Secretary (Vice) President (CORPORATE SEAL) OR (if applicable) Attest:_________________________ *By:____________________________ Authorized Representative *Attach appropriate proof, dated as of the same date as this Bid Bond, evidencing authority to execute on behalf of the corporation. (Corporate Surety) ____________________________________ (Name of Surety) Witness or Attest: ___________________________ **By:____________________________ Title (CORPORATE SEAL) **Attach an appropriate Power of Attorney, dated as of the same date as this Bid Bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the Surety. SECTION FOUR FORM OF BID BOND 38 ITB #20-19R-GR IN WITNESS WHEREOF, the Principal and Surety, intending to be legally bound, have executed this Bid Bond the day and year aforementioned. CERTIFICATE AS TO CORPORATE PRINCIPAL I, _________________________________________________ certify that I am the ______________________ of the Corporation named as PRINCIPAL, in the within Bid Bond; that _________________________________________________ who signed the said Bid Bond on behalf of the Principal was then ____________________________ of said Corporation; that I know the signee's signature, and the signature thereto is genuine; and that said Bid Bond is duly signed, sealed and attested for on behalf of said Corporation by authority of its governing body. _________________________ (SEAL) (Secretary) SECTION FIVE FORM OF PERFORMANCE BOND 39 ITB #20-19R-GR COUNTY OF BERKS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that we, ______________________, as Principal (the “Principal”), and _____________________________________, a corporation organized and existing under the laws of the _________of ____________________, having its principal office at , and authorized to do business in the Commonwealth of Pennsylvania, as Surety (the “Surety”), are held and firmly bound unto the COUNTY OF BERKS as Obligee (the “Obligee”), as hereinafter set forth in the full and just sum of _________________________________ Dollars ($___________), lawful money of the United States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WITNESSETH THAT: WHEREAS, the Principal heretofore has submitted to the Obligee a certain Bid, dated _______________, 2021 (the “Bid”), to deliver General Construction to the Obligee, in connection with the Guide Rail Improvements for Bridges 34B and 35A Rebid Project located in Berks County, Pennsylvania pursuant to plans, Specifications and other related documents, constituting the Bid Documents, which are incorporated into the Bid by reference (the “Contract Documents”); and WHEREAS, the Obligee is a “Contracting Body” under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known and cited as the “Public Works Contractors’ Bond Law of 1967” (the “Act”); and WHEREAS, the Act, in Section 3(a), requires that, before an award shall be made to the Principal by the Obligee in accordance with the Bid, the Principal shall furnish this Performance Bond to the Obligee, with this Performance Bond to become binding upon the award of a contract to the Principal by the Obligee in accordance with the Bid; and WHEREAS, it also is a condition of the Contract Documents that this Performance Bond shall be furnished by the Principal to the Obligee; and SECTION FIVE FORM OF PERFORMANCE BOND 40 ITB #20-19R-GR WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Performance Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Bid, then the Principal and the Obligee shall enter into an agreement with respect to performance of such Work (the “Agreement”), the form of which Agreement is set forth in the Contract Documents. NOW, THEREFORE, the terms and conditions of this Performance Bond are and shall be that if: (a) the Principal well, truly and faithfully shall comply with and shall perform the Work in accordance with the Contract Documents, at the time and in the manner provided in the Contract Documents, and if the Principal shall satisfy all claims and demands incurred in or related to the performance of the Contract Documents by the Principal or growing out of the performance of the Contract Documents by the Principal, and if the Principal shall indemnify completely, defend and save harmless the Obligee and all of its officers, agents and employees from any and all costs and damages, including, but not limited to, liquidated damages which the Obligee and all of its officers, agents and employees may sustain or suffer by reason of the failure of the Principal to do so, and if the Principal shall reimburse completely and shall pay to the Obligee a