1-2026 Foster Township Road Program Project Manual.pdf

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Attached to
Foster Township - 2026 Road Program (0326-609021. 03)
Solicitation number
Not on record
Issued by
Luzerne County, Pennsylvania

About this file

This project manual is for the Foster Township 2026 Road Program, a public works contract in Schuylkill County, Pennsylvania. The project consists of bituminous overlay and full depth reconstruction work along various roadways in Foster Township, as well as a bituminous overlay of a walking path around a baseball field. The scope includes four distinct locations: Woodland Drive (approximately 207 feet in length with 16-foot average width), Turkey Road (approximately 892 feet with 16-foot average width requiring full depth reconstruction), Upper Beechwood Avenue (approximately 530 feet with 24-foot average width as an alternate), and Ballpark Road Walking Path (approximately 685 feet with 6-foot average width as an alternate). Work includes milling and removal of existing material, placement of Superpave asphalt mixtures at varying depths, subbase installation where required, incidental items such as tack coating and joint sealing, and traffic control in accordance with PennDOT standards. Sealed bids will be received online via the PennBid Program until July 1, 2026, at 11:00 a.m., with public announcement at 6:30 p.m. during the Township Supervisors' Regular Meeting. A mandatory pre-construction meeting must be scheduled at least five calendar days prior to project start. The entire project will be awarded to one contractor, with work to be completed between July 7, 2026, and October 15, 2026, with liquidated damages assessed at $975.00 per calendar day after the completion deadline.

Bidders must submit a certified check, bank draft, negotiable US Government bonds at par value, or a satisfactory bid bond in the amount of 10% of the total bid construction. The successful bidder will be required to provide performance and payment bonds each in the amount of 100% of the contract price with an approved corporate surety within 20 days of award. Pennsylvania prevailing wage rates apply to this project as the estimated cost exceeds $100,000. Bidders must be PennDOT prequalified as prime contractors and must submit a Public Works Employment Verification Form with their bid. All bidding documents are available at no cost through http://PennBid.bonfirehub.com. The contractor is responsible for all materials, delivery tickets, CS-4171 Certificates of Compliance, certified truck weight slips for bituminous materials and aggregates, and Bill of Lading documentation. The contractor assumes responsibility for defects occurring within one year of application and must obtain proof of CDL Drug and Alcohol Compliance upon award. Insurance requirements include workers' compensation, comprehensive general liability with minimum coverage of $250,000 per person and $1,000,000 per occurrence, and property damage insurance naming Foster Township and Alfred Benesch & Company as additional insureds. The municipality reserves the right to waive any informality or reject any or all proposals, delete portions of the project based on budgetary constraints, and future contract awards will be based on quality of work performed.

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PROJECT MANUAL

2026 Road Program Foster Township

Schuylkill County, Pennsylvania

Prepared For

Foster Township 1540 Sunbury Road

Pottsville, PA 17901

June 2026

Project No. 0326-609021.03

Copyright 2026, of Alfred Benesch & Company. All rights reserved. This plan and design content is the property of Alfred Benesch & Company. Use, reuse, reproduction or modification of this plan or design information, or any part thereof, is strictly prohibited, except by written permission of this firm.

Foster Township |2026 Road Program| Project Manual|i

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PENNDOT SHORT FORM DOCUMENTS

Proposal and Contract * Attachment 1 for Proposal and Contract * Special Provisions to Contract (Attachment 1A) * Proposal and Contract Instructions Attachment 2 Performance Bond

Attachment 3 Payment Bond Attachment 4 Affidavit Accepting Provisions of the Workmen’s Comp. Act * Attachment 5 Anti-Collusion Affidavit * Attachment 6 Notice of Completion

Attachment 7 Insurance Requirements Attachment 8 Certification of Bidder Regarding Equal Employment Opportunity *

OTHER EXHIBITS

Bid Bond * Agreement of Surety * Certificate of Compliance (CS-4171) Nondiscrimination/Sexual Harassment Clause * Contractor’s Statement of Compliance with CDL Testing Program * Compliance with the Prohibition of the Illegal Alien Labor Act * Compliance with the State Contractors Responsibility Program * Contract Provisions Right to Know Law * Certification of Non-Segregated Facilities * Contractor Integrity Provisions * Provisions Concerning the Americans with Disability Act * Public Works Employment Verification Form * Statement of Bidders Qualifications Form * Prevailing Wages PA1 Call Location Map Details

* Submit with Bid

TABLE OF CONTENTS

Foster Township | 2026 Road Program

ADVERTISEMENT

Foster Township –2026 Road Program – Project No. 0326-609021.03 ADVERTISEMENT FOR BIDS Section 001000

AD-1

ADVERTISEMENT FOR BID

SEALED BIDS for the FOSTER TOWNSHIP 2026 ROAD PROGRAM PROJECT will be received online via the PennBid Program by Foster Township until July 1, 2026, at 11:00 A.M. (prevailing time) and will be publicly announced during the Township Supervisors Regular Meeting scheduled on July 1, 2026, at 6:30 P.M.

Bid results will be available online at http://PennBid.bonfirehub.com following the meeting.

The Road Program project will consist of bituminous overlay and a full depth reconstruction along various roadways in Foster Township and a bituminous overlay of a walking path around a baseball field in Foster Township. The items of work are identified more specifically in the Project Specifications. The entire project will be awarded to one (1) Contractor.

All documents and project details are available at no cost at http://PennBid.bonfirehub.com

A certified check or bank draft, payable to the order of FOSTER TOWNSHIP, negotiable US Government Bonds (at par value), or satisfactory Bid Bond executed by the Bidder and acceptable surety in the amount of 10% of the Total Bid of construction shall be submitted with each bid.

The SUCCESSFUL BIDDER will be required to furnish and pay for satisfactory Performance and Payment Bond, each in the amount of 100% of the Contract Price with a corporate surety approved by the Owner.

Pennsylvania Wage Rates apply to all projects greater than one hundred thousand ($100,000).

This bid is for a public works contract and bidder is therefore subject to the provisions, duties, obligations, and penalties of the Public Works Employment Verification Act, 43 P.S. 167.1-167.11. All submitted bids shall be accompanied with the Public Works Employment Verification Form.

The Owner reserves the right to waive any informality or to reject any or all items or portions thereof or to waive any technicalities and informalities in the bid for the best interest of the Owner.

No bidder shall withdraw a bid within sixty (60) days after the actual date of the Bid opening.

FOSTER TOWNSHIP

MR. EUGENE MALEY, CHAIRMAN

TO: POTTSVILLE REPUBLICAN, POTTSVILLE, PA

PLEASE PUBLISH ON:

1. TUESDAY, June 16, 2026

2. FRIDAY, June 19, 2026

PLEASE SEND INVOICE TO: FOSTER TOWNSHIP

1540 SUNBURY ROAD

POTTSVILLE, PA 17901

ATTENTION: MR. EUGENE MALEY, CHAIRMAN

PLEASE SEND CONFIRMATION OF PUBLICATION TO:

CHERYL BOLICH

cbolich@benesch.com

PENNDOT SHORT FORM DOCUMENTS

PROPOSAL AND CONTRACT

-1-

MS-944 03-07

DISTRICT 5-0

PROPOSAL & CONTRACT (THIS PROPOSAL INCLUDES

(WHEN EXECUTED) INSTRUCTIONS TO BIDDERS)

A. DEPOSIT OF PROPOSALS.

All Bid proposals shall be clearly marked Foster Township “2026 Road Program Proposal Bid Proposal Municipality Name and Type Due By July 1, 2026.” 570-544-4137

Date Telephone No.

Ms. Janet Mitchell Secretary

Sealed Proposals will be received on or before 11:00 a.m., on Wednesday, July 1, 2026. 1540 Sunbury Road Time and Date Address

Bids will be announced at approximately Pottsville, PA 17901 6:30 p.m., on Wednesday, July 1, 2026. Proposals must be submitted online at:

Time and Date http://PennBid.bonfirehub.com

1. The contractor proposes to furnish and deliver all materials (including Form CS-4171, Certificate of Compliance and/or TR-465 Daily Bituminous Mixture Certification) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and specifications on file at http://PennBid.bonfirehub.com. This form (MS-944) will serve as the proposal and contract form for the awarded contractor.

2. Requirements for bidders include the supplements and special requirements contained herein and/or attached hereto and current PennDOT specifications (Publication 408). Bidders need to be prequalified by PennDOT as a prime contractor.

3. If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed.

Or as otherwise provided in the special requirements and will complete all work on or before October 15, 2026. If all work is not completed on time, liquidated damages will be assessed at the rate of $975.00 per additional calendar day.

4. Accompanying this proposal is a certified check or bid Bond in the amount of 10% made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirement of the proposal.

B. PROPOSAL OF: _____________________________________________________________________________ Name of Contractor

Address

CONTRACTOR’S CERTIFICATION

It is hereby certified as follows:

1. The only person(s) interested in this proposal as principal(s) is (are): ________________________________

2. None of the above persons are employees of the municipality.

3. This proposal is made without collusion with any other person, firm, or corporation.

4. All plans and specifications referred to above and the site of the work have been examined by the contractor. The contractor understands that the quantities indicated herein are approximate and are subject to change as may be

-2-required; and that all work is payable on the basis of the unit prices listed on the Schedule of Prices (Attachment 1).

5. The contractor will comply with all requirements of the laws and implementing regulations of the Commonwealth of Pennsylvania and the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

6. The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contractor in accordance with the plans, specifications and conditions thereof, and a payment bond conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, in accordance with the Public Work’s Contractors’ Bond Law of 1967; and an affidavit accepting the provisions of the Workmen’s Compensation Act of 1915, as amended.

7. “The parties agree that the relationship between the Contractor and the Municipality is one of independent contractor and not the employer/employee and that the individual employees of the Contractor who will be performing the work pursuant to this contract are not employees of the Municipality. Contractor hereby certifies, represents and warrants to the Municipality that all persons performing any aspect of the work pursuant to this Contract who are required to have commercial driver’s license are subject to a program for drug and alcohol testing in accordance with the Omnibus Transportation Employee Testing Act of 1991 and the federal regulations adopted pursuant thereto.”

Contractor

WITNESSED OR ATTESTED BY:

BY:______________________________________

Title (Seal)

Title

SEAL

TO BE EXECUTED ONLY IN THE EVENT THE ABOVE PROPOSAL IS ACCEPTED

ACCEPTED ON:_______________________________________

Date

Municipality

ATTESTED BY:

________________________________________ BY:_______________________________________ Title Title

SEAL

ATTACHMENT 1 FOR PROPOSAL AND CONTRACT

County:

None

TN

TN

SY

LS

SUBTOTAL

- 3A -

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

4413-0205

0413-1019 12

SUPERPAVE ASPHALT MIXTURE DESIGN,

WEARING COURSE (SCRATCH), PG 64S-22,

< 0.3 MILLION ESALS, 9.5 MM MIX, SRL-L

(0.5" DEPTH)

0491-0033

ATTACHMENT 1

Approximate 2 Quantities

Unit

*Description

LOCATION OF WORK:

TO MS - 944 ( PROPOSAL AND CONTRACT MS - 944 )

ESCALATOR CLAUSE:( if adopted by Municipality.)

T H

IS

P

O R

T

IO

N T

O B

E C

O M

P L

E T

E D

B Y

T H

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U N

IC

IP

A L

IT

Y

SUPERPAVE ASPHALT MIXTURE DESIGN,

WEARING COURSE, PG 64S-22, < 0.3 MILLION

ESALS, 9.5 MM MIX, SRL-L (1.5" DEPTH)

Foster Township

Project Number: 0326-609021.03

Total

Municipality:

0901-0001

Schuylkill

For Informational Purposes Only - Please complete on PennBid Item 1 No.

The contractor shall mill and remove existing material (2" depth) along the travel lane(s) at an average of 16'-0" in width and as marked in the field along Woodland Drive including intersection aprons at Upper Beechwood Ave and Turkey Rd; to then receive Superpave Asphalt Mixture Design, Wearing Course (Scratch), PG 64S-22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1/2" depth). An overlay will then be placed consisting of Superpave Asphalt Mixture Design, Wearing Course, PG 64S-22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1-1/2" depth) along the travel lane(s) (16'-0" width) and as marked in the field along Woodland Drive. Work shall include the following incidental items: shoulder backup; sweeping of roadway; tack coating; milling of paving notches, drives, approaches and curb reveals; and sealing of joints and utilities. All utility values and inlets within the pavement limits are to be protected. Contractor to properly dispose of milled/excavated material at a site determined by the Township.

MILLING OF ASPHALT PAVEMENT SURFACE, 2"

DEPTH, MILLED MATERIAL RETAINED BY

DEPARTMENT (DELIVERED TO STOCKPILE)

MAINTENANCE AND PROTECTION OF TRAFFIC

DURING CONSTRUCTION

LOCATION 1 (BASE BID NO. 1):

T-580 Woodland Drive from T-573 Upper Beechwood Avenue to T-581 Turkey Road

DESCRIPTION OF WORK:

Unit 5 Price

TN

TN

TN

CY

LS

SUBTOTAL* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

- 3B -

0901-0001 1

MAINTENANCE AND PROTECTION OF TRAFFIC

DURING CONSTRUCTION

0203-0001 345 CLASS 1 EXCAVATION

4413-0205 156

SUPERPAVE ASPHALT MIXTURE DESIGN,

WEARING COURSE, PG 64S-22, < 0.3 MILLION

ESALS, 9.5 MM MIX, SRL-L (1.5" DEPTH)

0350-0121 290 SUBBASE (NO. 2A)

0313-0337 240

SUPERPAVE ASPHALT MIXTURE DESIGN, BASE

COURSE, PG 64S-22, < 0.3 MILLION ESALs, 25.0

MM MIX (4" DEPTH)

ESCALATOR CLAUSE:( if adopted by Municipality.)

For Informational Purposes Only - Please complete on PennBid Item 1 No.

Approximate 2 Quantities

Unit

*Description

Unit 5 Price

Total

T H

IS

P

O R

T

IO

N T

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E C

O M

P L

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B Y

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IP

A L

IT

Y

LOCATION 2 (BASE BID NO. 2):

T-581 Turkey Road from the Field Marked Pavement Joint to T-584 Hil Road

DESCRIPTION OF WORK:

The contractor shall sawcut, excavate, and remove existing material (11.5" avg. depth) along the travel lane(s) at an average of 16'-0" in width and as marked in the field along Turkey Rd between the field marked pavement joints. This section of Turkey Rd will be a full depth reconstruction of the roadway; to receive compacted No. 2A Subbase at an average depth of 6" and on top of the subbase will be a base course consisting of Superpave Asphalt Mixture Design, Base Course, PG 64S-22, < 0.3 million ESALs, 25.0 mm mix (4" depth). An overlay at an average width of 16'-0" and as marked in the field consisting of Superpave Asphalt Mixture Design, Wearing Course, PG 64S- 22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1-1/2" depth) will then be placed on the full length of Turkey Rd from the field marked pavement joint to Hill Rd including the apron at the intersection at Hill Rd. Work shall include the following incidental items: shoulder backup; sweeping of roadway;

tack coating; milling of paving notches, drives, approaches and curb reveals; and sealing of joints and utilities. All utility values and inlets within the pavement limits are to be protected. Contractor to properly dispose of milled/excavated material at a site determined by the Township.

ATTACHMENT 1

TO MS - 944 ( PROPOSAL AND CONTRACT MS - 944 )

Schuylkill Municipality: Foster Township

Project Number: 0326-609021.03

LOCATION OF WORK:

TN

TN

SY

LS

SUBTOTAL

Foster Township

Project Number: 0326-609021.03

LOCATION OF WORK:

T H

IS

P

O R

T

IO

N T

O B

E C

O M

P L

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B Y

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A L

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Y

LOCATION 3 (ALTERNATE NO. 1):

T-573 Upper Beechwood Avenue from T-590 Ballpark Road to T-578 Community Square

Road

DESCRIPTION OF WORK:

The contractor shall mill and remove existing material (2" depth) along the travel lanes at an average of 24'-0" in width and as marked in the field along Upper Beechwood Ave including intersection aprons at Community Square, Hall Rd, and Ballpark Rd; to then receive Superpave

Asphalt Mixture Design, Wearing Course (Scratch), PG 64S-22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1/2" depth). An overlay will then be placed consisting of Superpave Asphalt Mixture Design, Wearing Course, PG 64S-22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1-1/2" depth) along the travel lanes (24'-0" width) and as marked in the field along Upper Beechwood Ave. Place roll curb as marked in the field and as directed by the Township or its representative. Work shall include the following incidental items: shoulder backup; roll curbs; sweeping of roadway; tack coating; milling of paving notches, drives, approaches and curb reveals; and sealing of joints and utilities. All utility values and inlets within the pavement limits are to be protected. Contractor to properly dispose of milled/excavated material at a site determined by the Township.

ATTACHMENT 1

TO MS - 944 ( PROPOSAL AND CONTRACT MS - 944 )

Schuylkill Municipality:

ESCALATOR CLAUSE:( if adopted by Municipality.)

For Informational Purposes Only - Please complete on PennBid

Item

1 No.

Approximate

2 Quantities

Unit

*Description

Unit

5 Price

Total

0413-1019 47

SUPERPAVE ASPHALT MIXTURE DESIGN,

WEARING COURSE (SCRATCH), PG 64S-22,

< 0.3 MILLION ESALS, 9.5 MM MIX, SRL-L (0.5"

DEPTH)

4413-0205 142

SUPERPAVE ASPHALT MIXTURE DESIGN,

WEARING COURSE, PG 64S-22, < 0.3 MILLION

ESALS, 9.5 MM MIX, SRL-L (1.5" DEPTH)

0491-0033 1,092

MILLING OF ASPHALT PAVEMENT SURFACE, 2"

DEPTH, MILLED MATERIAL RETAINED BY

DEPARTMENT (DELIVERED TO STOCKPILE)

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

- 3C -

0901-0001 1

MAINTENANCE AND PROTECTION OF TRAFFIC

DURING CONSTRUCTION

TN

SY

SUBTOTAL

Foster Township

Project Number: 0326-609021.03

LOCATION OF WORK:

T H

IS

P

O R

T

IO

N T

O B

E C

O M

P L

E T

E D

B Y

T H

E M

U N

IC

IP

A L

IT

Y

LOCATION 4 (ALTERNATE NO. 2):

T-590 Ballpark Road Walking Path

DESCRIPTION OF WORK:

The contractor shall mill and remove existing material (1-1/2" depth) along the walking path at an average of 6'-0" in width and as marked in the field along the walking path around the existing baseball field including tie-in aprons at the parking lot access road and the existing walking path (near the playground); the path is to then receive Superpave Asphalt Mixture Design, Wearing Course, PG 64S-22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1-1/2" depth) along the walking path (6'-0" width) and as marked in the field. Work shall include the following incidental items: shoulder backup; sweeping of the walking path; tack coating; and sealing of joints and utilities. All utility values and inlets within the pavement limits are to be protected. Contractor to properly dispose of milled/excavated material at a site determined by the Township.

ATTACHMENT 1

TO MS - 944 ( PROPOSAL AND CONTRACT MS - 944 )

Schuylkill Municipality:

ESCALATOR CLAUSE:( if adopted by Municipality.)

For Informational Purposes Only - Please complete on PennBid Item 1 No.

Approximate 2 Quantities

Unit

*Description

Unit 5 Price

Total

4413-0205 45

SUPERPAVE ASPHALT MIXTURE DESIGN,

WEARING COURSE, PG 64S-22, < 0.3 MILLION

ESALS, 9.5 MM MIX, SRL-L (1.5" DEPTH)

0491-0032 480

MILLING OF ASPHALT PAVEMENT SURFACE,

1 1/2" DEPTH, MILLED MATERIAL RETAINED BY

DEPARTMENT (DELIVERED TO STOCKPILE)

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

- 3C -

SPECIAL PROVISIONS TO CONTRACT

(ATTACHMENT 1A)

County: Schuylkill Municipality: Foster Township Project No. 0326-609021.03

-4-

Attachment 1-A

SPECIFICATIONS AND SPECIAL PROVISIONS TO CONTRACT MS-944

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and Subcontractors must comply with all of the following provisions:

TRAFFIC CONTROL

- Traffic Control and Safety Devices to be provided by the Contractor. (Maintenance and Protection of Traffic to comply with current MUTCD, PennDOT Publication 212 and PennDOT Publication 213.)

- The Contractor may temporarily close roads where practical and must provide all roads closed and detour signs as per Pub. 213. Road closures must be pre-approved by the Township Roadmaster or his Representative.

GENERAL

- For further information regarding the project, please submit questions through PennBid by 1:00 P.M. on June

25, 2026.

- A pre-construction meeting will be mandatory and the Contractor’s and any Sub-Contractor’s onsite foreman must attend. The Contractor will schedule this meeting with the Municipality at least 5 calendar days prior to the start of the project.

- Half width paving and associated traffic control is required unless otherwise agreed to by the Township or its

Representative.

- Delivery tickets for all materials is required.

- CS-4171 Certificate of Compliance is required for all materials.

- The Bidder must supply certified truck weight slips for bituminous material and aggregate used on the job.

- No payments will be made until the bidder has supplied all required designs, delivery slips and certifications.

- The Contractor shall notify the Municipality five (5) calendar days prior to the start of the project.

- Work schedule must be coordinated with the Municipality and must be completed by October 15, 2026.

- Work to be completed between July 7, 2026, and October 15, 2026. After October 15, 2026, liquidated damages apply at the rate of $975.00 per calendar day.

- Excess construction materials are to be removed by the Contractor.

- Municipality will inspect the project.

- Need Bill of Lading for each shipment of bituminous material per Section 702.1(c) of PENNDOT Specifications Form 408.

- Completion of NON-COLLUSION AFFIDAVIT required.

- Incidental preparation and clean up required. (Project Construction Materials)

- Contractor is responsible for defects that occur within one year of applications.

- Final Completion Certificate, JMS-NCP Notice of Completion” is required at the completion of the project.

- Future award of Contracts will be based on quality of work as determined by the Municipality.

- Bidders need to be PENNDOT prequalified as a prime contractor.

- Contractor to supply proof of CDL Drug and Alcohol Compliance upon award of the bid.

- The successful bidder must provide a 100% Performance Bond and a 100% Payment Bond within 20 days of the award of the contract.

- The Municipal intends to award the contract to one bidder; bidders need to bid on all items.

- The Municipality reserves the right to accept or reject any and or all proposals or portions thereof, and to delete projects and/or portions of the project depending on budgetary constraints.

- A Fuel surcharge will not apply to this contract.

- Limits of Work, including pavement repairs, etc will be painted in the field prior to construction and discussed during the preconstruction meeting.

- Maintain existing elevations of bituminous curb and curb reveal.

- Maintain existing bituminous elevations around inlets to ensure positive drainage and sump condition.

-5-

Attachment 1-A

PENNSYLVANIA PREVAILING WAGES

PA Prevailing Wages rates are required for this road work contract due to the contract bid to be in excess of one hundred thousand dollars ($100,000).

INSURANCE REQUIREMENTS

The awarded contractor shall purchase and maintain, at its expense, during the term of this contract and any renewals or extensions thereof, insurance issued by companies acceptable to the Municipality. See the INSURANCE

REQUIREMENTS attachment.

PUBLIC WORK EMPLOYMENT VERIFICATION ACT

General. In accordance with Act 127 of 2012, known as the Public Works Employment Verification Act (“the Act”), effective January 1, 2013, 43 P.S. §§167.1-167.11, the Contractor shall use the Federal Government’s E-Verify system to ensure that all employees performing work on the project, including subcontractor’s employees, are authorized to work in the United States.

Verification Form. The Contractor shall verify the employment eligibility of each new employee hired after January 1, 2013 and submit the Commonwealth Public Works Employment Verification Form (“Form”) included in the bid package attachments to the Municipality.

Contractor. Mail the Form, signed by an authorized representative of the Contractor to the Municipality along with the Performance and Payment Bonds as specified by the contract documents. Failure or refusal to provide the Form will be considered a refusal to comply with bidding requirements, will result in rejection of the bid, and may subject the Contractor to the enforcement activities, sanctions and civil penalties specified in the Act.

Subcontractor. The Prime Contractor will obtain a Form signed by an authorized representative of any subcontractor performing work on the project, possessing sufficient knowledge to make the representations and certifications on the Form. The Prime Contractor shall submit the Form to the Municipality prior to requesting subcontractor approval and before the subcontractor performs any work. Failure or refusal to provide the Form will be considered a refusal to comply with subcontractor approval requirements, will result in rejection of the subcontractor request, and may subject the subcontractor to the enforcement activities, sanctions and civil penalties specified in the Act.

The Prime Contractor shall include information about the requirements of the Act in all subcontracts.

Department of General Services. The Department of General Services is the Commonwealth agency responsible for enforcement and administration of the Act. Please direct questions about the Act to:

Department of General Services Public Works Employment Verification Compliance Office Room 105 Tent Building 18th and Herr Streets Harrisburg, PA 17125 Fax: 717-214-3669

-6-

BITUMINOUS PAVING (GENERAL)

The scope of the work is to mill and overlay the specified roadways including tack coat, wearing course, and sealing of joints and backup material as indicated on Attachment 1. The items below are incidental to placement of paving unless otherwise noted.

- The Contractor is to remove excess material.

- Complete all testing in accordance with PENNDOT Specifications Pub 408 Section 413, Latest Edition.

- The Contractor will tack coat the vertical edge of the paving joint as per PENNDOT Pub. 408, Section 460.

- The Contractor will provide a bill of lading and a signed CS-4171 for each type of material.

- Saw cut or Milled Paving Notch (RC-28M) is required and is incidental to paving.

- Tack Coat is required per Section 460 of PennDOT Specifications Pub 408 and is incidental to paving.

- The Contractor will saw cut the paving notch and excavate out the existing material needed to provide a proper overlay transition as per PENNDOT Pub. 72M, Standards for Roadway Construction, RC-28M.

- Milling of driveway notches are to be done as directed and in a fashion that maintains the shoulder slope and provides a smooth transition from the driveways to the shoulder.

- The Contractor will supply the TOWNSHIP with Bituminous Mix Design which meets PennDOT Specifications

Form 408 prior to receiving the Notice to Proceed.

- Bituminous Delivery tickets must contain the Job Mix Number (CAMMS No.) from the appropriate bituminous design.

- Bituminous Material Certifications must contain the Job Mix Number (CAMMS No.) from the appropriate bituminous design.

- The Contractor will place the specified type and depth of material (all depths are compacted in place) indicated in the

Schedule of Prices. This material will conform to PENNDOT Pub. 408, Section 413, Latest Edition except Marshall Testing that is not required. The Contractor will provide delivery tickets and a daily bituminous material certification on a TR-465 or an approved CS-4171 form for each day's placement of bituminous material.

- The Contractor will seal joints using materials specified in PENNDOT Pub. 408, Section 413, Latest Edition.

- Backup material (topsoil in lawn areas and subbase or milled material in other areas) is incidental to wearing course.

- Milled Material may be used for shoulder back-up where applicable.

- Retain existing pavement cross slope unless otherwise noted.

- Maintain existing elevations of bituminous curb and curb reveal.

- Installation of rolled curb in area noted by the Township or its representative.

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ATTACHMENT 1-A

GENERAL DESCRIPTION OF WORK

LOCATION 1 (BASE BID NO. 1): Woodland Drive (T-580) from Upper Beechwood Avenue (T-573) to Turkey

Road (T-581)

(207’ in length, average 16’ width)

The contractor shall mill and remove existing material (2" depth) along the travel lane(s) at an average of 16'-0" in width and as marked in the field along Woodland Drive including intersection aprons at Upper Beechwood Ave and Turkey Rd;

to then receive Superpave Asphalt Mixture Design, Wearing Course (Scratch), PG 64S-22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1/2" depth). An overlay will then be placed consisting of Superpave Asphalt Mixture Design, Wearing

Course, PG 64S-22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1-1/2" depth) along the travel lane(s) (16'-0" width) and as marked in the field along Woodland Drive.

Work shall include the following incidental items: shoulder backup; sweeping of roadway; tack coating; milling of paving notches, drives, approaches and curb reveals; and sealing of joints and utilities. All utility values and inlets within the pavement limits are to be protected. Contractor to properly dispose of milled/excavated material at a site determined by the Township.

LOCATION 2 (BASE BID NO. 2): Turkey Road (T-581) from 2025 Pavement Joint to Hill Road (T-584)

(892’ in length, average 16’ width)

The contractor shall sawcut, excavate, and remove existing material (11.5" avg. depth) along the travel lane(s) at an average of 16'-0" in width and as marked in the field along Turkey Rd between the field marked pavement joints. This section of Turkey Rd will be a full depth reconstruction of the roadway; to receive compacted No. 2A Subbase at an average depth of 6" and on top of the subbase will be a base course consisting of Superpave Asphalt Mixture Design, Base

Course, PG 64S-22, < 0.3 million ESALs, 25.0 mm mix (4" depth). An overlay at an average width of 16'-0" and as marked in the field consisting of Superpave Asphalt Mixture Design, Wearing Course, PG 64S-22, < 0.3 million ESALs,

9.5 mm mix, SRL-L (1-1/2" depth) will then be placed on the full length of Turkey Rd from the field marked pavement joint to Hill Rd including the apron at the intersection at Hill Rd.

Work shall include the following incidental items: shoulder backup; sweeping of roadway; tack coating; milling of paving notches, drives, approaches and curb reveals; and sealing of joints and utilities. All utility values and inlets within the pavement limits are to be protected. Contractor to properly dispose of milled/excavated material at a site determined by the Township.

LOCATION 3 (ALTERNATE NO. 1): Upper Beechwood Avenue (T-573) from Ballpark Road (T-590) to

Community Square Road (T-578)

(530’ in length, average 24’ width)

The contractor shall mill and remove existing material (2" depth) along the travel lanes at an average of 24'-0" in width and as marked in the field along Upper Beechwood Ave including intersection aprons at Community Square, Hall Rd, and

Ballpark Rd; to then receive Superpave Asphalt Mixture Design, Wearing Course (Scratch), PG 64S-22, < 0.3 million

ESALs, 9.5 mm mix, SRL-L (1/2" depth). An overlay will then be placed consisting of Superpave Asphalt Mixture

Design, Wearing Course, PG 64S-22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1-1/2" depth) along the travel lanes

(24'-0" width) and as marked in the field along Upper Beechwood Ave. Place roll curb as marked in the field and as directed by the Township or its representative.

Work shall include the following incidental items: shoulder backup; roll curbs; sweeping of roadway; tack coating;

milling of paving notches, drives, approaches and curb reveals; and sealing of joints and utilities. All utility values and inlets within the pavement limits are to be protected. Contractor to properly dispose of milled/excavated material at a site determined by the Township.

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LOCATION 4 (ALTERNATE NO. 2): Ballpark Road (T-590) Walking Path

(685’ in length, average 6’ width)

The contractor shall mill and remove existing material (1-1/2" depth) along the walking path at an average of 6'-0" in width and as marked in the field along the walking path around the existing baseball field including tie-in aprons at the parking lot access road and the existing walking path (near the playground); the path is to then receive Superpave Asphalt Mixture Design, Wearing Course, PG 64S-22, < 0.3 million ESALs, 9.5 mm mix, SRL-L (1-1/2" depth) along the walking path (6'-0" width) and as marked in the field.

Work shall include the following incidental items: shoulder backup; sweeping of the walking path; tack coating; and sealing of joints and utilities. All utility values and inlets within the pavement limits are to be protected. Contractor to properly dispose of milled/excavated material at a site determined by the Township.

* NOTE: The length of the work and quantity of material needed on these roadways may be reduced or increased depending on cost and budgetary constraints.

My signature signifies that I have read and understand the above conditions and special provisions to this contract, and by being authorized by this company to act as their authorized representative, and on their behalf hereby agree to adhere to any and all of the provisions pertaining to this contract.

Contractor’s Representative Date Municipality’s Representative Date

Company Municipality

PROPOSAL AND CONTRACT INSTRUCTIONS

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MS-944

PROPOSAL AND CONTRACT INSTRUCTIONS – FORM 944

1. The proposal must be typewritten or printed.

2. If more than one proposal on any project is submitted by any individual, firm or partnership, corporation, or association under the same names, only one lowest proposal will be considered.

3. Description of work------

A. If additional space is needed, insert appropriately numbered attachment and note “Continued on Attachment No. __________________________.”

B. Where Wearing Surfaces are a part of this Contract, Average Daily Traffic (ADT) Count or SRL determination must be included in the description.

4. Part A of Page 1 to be completed by municipality. Part B of Page 1 to be completed by contractor. Schedule of

Prices – Column #1 (Item), #2 (Approximate Quantities), #3 (Unit, i.e., ton, square yard, linear feet, etc.) and #4 (Description, i.e., asphalt materials – 9.5 mm S & L, 12.5 mm Wearing, etc.) must be filled in by the municipality to insure equitable bidding. Column #5 (Unit Price), #6 (Total), and total amount of bid must be filled in by the contractor. If more space is needed, add note at bottom of the page: Continued on Attachment No. 1-A,” and add additional sheet designated as Attachment No. 1-A, 1-B, etc. Repeat for each additional sheet required.

5. If liquidated damages are to be assessed, add the following sentence to Part A #2. “If all work is not completed on time, liquidated damages will be assessed at the rate of $975.00 per additional working day.” (OR”…as set forth in the attached schedule.”)

6. Payment and Performance bonds are provided only by the successful bidder. Contracts under $5,000 – bonds must be in 50% of the contract amount. Contracts in excess of $5,000 – bonds must be in 100% of the contract amount. Bond Form MS-944 Attachments 2 and 3 and Workmen’s Compensation Affidavit Attachment 4 must be submitted by the successful bidder within 20 days of the contract award. Failure to submit the bonds shall constitute grounds to cancel the contract.

7. *Construction projects, where the estimated cost of the total project exceeds $25,000, are subject to the provisions of the Pennsylvania Prevailing Wage Act 442. It is the responsibility of the municipality to obtain the Prevailing Wage Scale for the area and include it in the proposal. IF the Prevailing Wage Act applies, this fact shall be noted in the advertisement.

On projects utilizing Federal revenue Sharing Funds, if the project cost exceeds $2,000 and is financed with 25% or more Federal Revenue Sharing Funds, the Davis Bacon Act applies. Again it is the responsibility of the municipality to obtain the Davis Bacon Wage Rates, include them in the proposal and note the fact in the advertisement. If both Acts are applicable, the Davis Bacon Act has preference over the Pennsylvania Prevailing Wage Act.

8. An ESCALATOR CLAUSE is optional; however, if used, it must be included in the proposal prepared by the municipality. An escalator clause may not be inserted by the contractor.

*(1961, Aug. 15, P.L. 987; 43 P.S. 165)

PERFORMANCE BOND

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MS-944 (02-01) PERFORMANCE BOND Attachment 2 (REPRODUCE LOCALLY) (With Corporate Surety)

KNOW ALL MEN BY THESE PRESENTS, that we, _______________________________________________

(NAME AND ADDRESS OF CONTRACTOR)

as Principal and ____________________________________________________________________________________

(SURETY COMPANY)

a corporation incorporated under the laws of the State of _____________________________________________as Surety

(NAME OF STATE)

are held and firmly bound unto ____________________________________________________ . In the full and just sum of _________________________________________________________ ($ _____________________________) dollars lawful money of the United States of America, to be paid to the above Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bouden Principal has entered into a contract with the above Municipality, bearing even date herewith, for the undertaking of certain obligations as therein set forth.

NOW, THEREFORE, the condition of this obligations such that if the bounden Principal, as Contractor, shall in all respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and shall well and truly, and in a manner satisfactory to the Municipality fulfill all obligations as therein set forth, then this Obligation shall be void, but otherwise the same shall be and remain in full force, virtue and effect.

It is further provided that any alteration which may be made in the terms of the contract or its specifications with the express approval of the Municipality or the Principal to the other, shall not in any way release the Principal and Surety or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alteration or forbearance being hereby waived.

IN WITNESS WHEREOF, the said Principal and Surety have duly executed this Bond under Seal, pursuant to due and legal action authorizing the same to be done on ____________________________________________________

(DATE OF BOND)

SEAL Attest / Witness CONTRACTOR

_____________________________________ BY:___________________________________________________

TITLE TITLE

SEAL Attest / Witness ___________________________________________________

SURETY COMPANY

____________________________________ BY:____________________________________________________

TITLE TITLE

PAYMENT BOND

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MS-944 PAYMENT BOND Attachment 3

KNOW ALL MEN BY THESE PRESENTS, that we, _______________________________________________ of _____________________________________, as PRINCIPAL and ________________________________________ corporation incorporated under the laws of the State of _______________________________________as SURETY, are held and firmly bond unto the ___________________________________________________, in the full and just sum of

____________________________________________ ($ _____________________) dollars, lawful money of the United

States of America, to be paid to the said __________________ or its assigns, to which payment well and true to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above municipality, hereinafter called Obligee, bearing even date herewith, for the improvement of a certain section of highway or bridge in said Municipality consisting of: ___________________________________________________________________________ for approximately the sum of ____________________________________________ ($ _________________) dollars.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden PRINCIPAL shall and will promptly pay or cause to be paid in full all sums of money which may be due to contract or otherwise, to any individual, firm, partnership, association or corporation, for all material furnished or labor supplied or performed in the prosecution of the work, whether or not the said material or labor entered into and became component parts of the work and for rental of the equipment used and services rendered by public utilities in, or in connection with the prosecution of such work, then this obligation to be void, otherwise to remain in full force and effect.

The PRINCIPAL and SURETY, hereby, jointly and severally, agree with the Obligee herein that any individual firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any public utility which has not been paid in full therefore, may sue in assumpsit’s on this Payment bond in his, them or it, and have execution thereon. Provided, however, that the Obligee shall not be liable for the payment of any costs of expenses of such suit.

RECOVERY by any individual, firm, partnership, association or corporation hereunder shall be subject to the provisions of the “Public Works Contractors’ Bond Law of 1967”, Act No. 385, approved December 20, 1967, P.L. 869, which Act shall be incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited.

It is further provided that any alterations which may be made in the terms of the contract or in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving by the Obligee of any extension or forbearance being hereby waived.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal this _______________________________________Day of _________________________________, 20 ___________.

WITNESS:

CONTRACTOR

_____________________________________________________ BY:_______________________________________________

TITLE TITLE

WITNESS:

SURETY COMPANY

______________________________________ BY: ______________________________________________

TITLE TITLE

AFFIDAVIT ACCEPTING PROVISIONS OF THE

WORKMEN’S COMP. ACT

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MS-944 Attachment 4

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

State of )

)SS:

County of ) he has Being duly sworn according to law deposes and says that they have it accepted the provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and have insured their liability hereunder in it accordance with the terms of said

Act with _________________________________________________________________________________________

(SURETY COMPANY)

(TYPE OR PRINT) CONTRACTOR

BY: ______________________________________

SIGNATURE

Sworn to and subscribed before me this ________________________________________________________ day of

_______________________________________A.D. 20 ____________

My Commission Expires ___________________________

(DATE)

ANTI-COLLUSION AFFIDAVIT

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D-7126 ( 6-99 )

ANTI-COLLUSION AFFIDAVIT

County Schuylkill

Municipality Foster Township

Project Number 0326-609021.03

State of Pennsylvania Fed. Project No.

( If Applicable )

County of

The undersigned deponent deposes and says that he is the of the Company; that he is authorized to make this affidavit on behalf of said company in compliance with section 102.06 (e) of Department Specifications, Publication 408, as amended and that the said company has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(Contractor)

BY

Sworn to and subscribed before me the undersigned notary public this day of , .

Notary Public

My Commission expires

NOTICE OF COMPLETION

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MS-NCP

MUNICIPALITY Foster Township, Schuylkill County

NOTICE OF COMPLETION

IN REFERENCE TO PROJECT NO.: 0326-609021.03

Name of Contractor:

Performance of work as specified on the above numbered contract is completed and final pavement inspection has been made by the contractor and municipality in accordance with the terms of the contract awarded.

DATE OF AWARD:

Signature of Municipality

Signature of Contractor

Both copies of this form to be filled by the Contractor-Municipality on completion of final pavement restoration.

THIS PORTION TO BE COMPLETED BY MUNICIPALITY

FINAL COMPLETION CERTIFICATE

By the affixing of my signature I hereby certify that final inspection has been made and all work has been performed in accordance with the above contract # and is hereby accepted by the municipality as completed.

Authorized Agent for the Municipality

*DATE: _______________

* The Bidder is responsible for maintenance of permanent pavement repairs for a period of one year from this date.

Foster Township – 2026 Road Program

Schuylkill County, Pennsylvania

Project No. 0326-609021.03

The awarded Contractor shall purchase and maintain, at its expense, during the term of this contract and any renewals or extensions thereof, the following types of insurance issued by companies acceptable to the Municipality.

1. Workmen’s compensation insurance sufficient to cover all of the employees of the contractor working to perform this contract as required by the laws of the Commonwealth.

2. Comprehensive general liability insurance, property damage insurance, and where appropriate automobile liability insurance. The minimum amount of coverage shall be $250,000.00 per person and $1,000,000.00 per occurrence for bodily injury, including death and $250,000.00 per person and $1,000,000.00 per occurrence for property damage.

These coverages shall be occurrence-based. The policy shall name the Municipality and Alfred Benesch & Company as an additional insured and shall contain a provision that the coverages afforded thereunder shall not be cancelled or changed unless at least thirty (30) days prior written notice has been given to the Municipality.

Prior to the commencement of work, the Contractor shall provide the Municipality with a current certificate(s) of insurance showing the required coverages and provisions.

3. Your attention is directed to the hold harmless and indemnification provision:

“The Contractor shall hold the Municipality harmless and indemnify the Municipality against any and all claims, demands, and actions based upon or arising out of any activities performed by the Contractor and its employees and agents under this Contract and shall, at the request of the Municipality, defend any and all actions brought against the Municipality based upon any such claims or demands.”

4. Additional insured for all policies: Foster Township, Alfred Benesch & Company, Schuylkill County, and PennDOT

Signature

CERTIFICATION OF BIDDER REGARDING

EQUAL EMPLOYMENT OPPORTUNITY

CERTIFICATION OF CONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT

BUREAU OF HOUSING AND DEVELOPMENT

SMALL COMMUNITIES PROGRAM DIVISION

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 F.R 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER

NAME AND ADDRESS OF BIDDER (Include ZIP Code)

1. Bidder has participated in a previous contract or subcontract subject to the Equal

Opportunity Clause.

Yes No

2. Bidder has filed all compliance reports due under applicable instructions, including SF-

100.

Yes No None Required

3. Have you ever been or are you being considered for sanction due to violation of Executive

Order 11246, as amended?

Yes No

NAME AND TITLE OF SIGNER (Please Type)

SIGNATURE DATE

OTHER EXHIBITS

BID BOND

EJCDC C-435 Bid Bond (Damages Form)

Prepared by the Engineers Joint Contract Documents Committee.

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name and Include Location):

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Attest: Attest:

Signature Signature

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC C-435 Bid Bond (Damages Form)

Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s Bid and the total amount of the Bid of the next lowest, responsible Bidder who submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2 In no event shall Bidder’s and Surety’s obligation hereunder exceed the penal sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when…

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