02/02/2026 (REV. 02/27/2026)

00-01-01 – PROJECT TITLE PAGE

INVITATION FOR BID

SPECIFICATIONS AND BID DOCUMENTS

FOR THE

NEWTOWN CREEK PEDESTRIAN/BICYCLE

BRIDGE & TRAIL PROJECT

NEWTOWN TOWNSHIP & NEWTOWN BOROUGH

BUCKS COUNTY

PENNSYLVANIA

PREPARED BY:

HOWELL ENGINEERING THEURKAUF DESIGN & PLANNING

1250 WRIGHTS LANE 1350 ELBOW LANE

WEST CHESTER, PA 19380 CHESTER SPRINGS, PA 19425

(610) 918-9002 (484) 888-5574

ADVERTISEMENT: FRIDAY, FEBRUARY 27, 2026

PRE-BID MEETING: 11:00 am, THURSDAY, MARCH 12, 2026 (MANDATORY)

BIDS DUE: 11:00 am, MONDAY, MARCH 30, 2026 (PENNBID)

BID AWARD: 7:00 pm, WEDNESDAY, MAY 13, 2026 (ESTIMATED)

NOTICE TO PROCEED: MAY 29, 2026 (ESTIMATED)

PROJECT COMPLETION: APRIL 30, 2027 (FIXED DATE)

Newtown Creek Coalition Newtown Creek Pedestrian/Bicycle Bridge & Trail Howell Engineering Newtown Township / Newtown Borough, Bucks County, PA Theurkauf Design February 27, 2026

00 01 07 – SEALS PAGE

Project: Newtown Creek Pedestrian/Bike Bridge and Trail

Owners: Newtown Township, Bucks County, PA

Newtown Borough, Bucks County, PA

Municipal Contract Administrator (MCA, M.C.A.): Newtown Township, Bucks County, PA

Civil/Structural Engineer: Jeremy S. Madaras, PE, MSc

Howell Engineering

Landscape Architect: Edward A. Theurkauf, RLA, ASLA, APA

Theurkauf Design & Planning

END OF SECTION 00 01 07

DIVISION 00-00-00 – PROCUREMENT & CONTRACTING REQUIREMENTS

00 01 10 – TABLE OF CONTENTS

00-01-01 – PROJECT TITLE PAGE

00 01 07 – SEALS PAGE

DIVISION 00-00-00 – PROCUREMENT & CONTRACTING REQUIREMENTS

00 01 10 – TABLE OF CONTENTS

00 11 13 – ADVERTISEMENT FOR BIDS

00 21 13 – INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

ARTICLE 2 - EXAMINATION OF DOCUMENTS

ARTICLE 3 - BID SUBMISSION

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

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

ARTICLE 5 – BIDDER’S REPRESENTATIONS

ARTICLE 6 – PRE-BID CONFERENCE

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

ARTICLE 8 – BID SECURITY

ARTICLE 9 – CONTRACT TIMES

ARTICLE 10 – LIQUIDATED DAMAGES

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 13 – PREPARATION OF BID

ARTICLE 14 – BASIS OF BID

ARTICLE 15 – SUBMITTAL OF BID

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 20 – BONDS AND INSURANCE

ARTICLE 21 – SIGNING OF AGREEMENT & FILING OF FORMS

00 41 43 – BID FORM

PART 1A - BASE BID:

PART 1B - TOTAL BID SUM:

PART 2 - SCHEDULE

PART 3 - SCHEDULE OF VALUES/PRICES:

PART 4 – VALUE ENGINEERING:

PART 5 - GOOD FAITH:

PART 6 - CONCLUSION:

PART 7 – ACKNOWLEDGEMENT OF RECIEPT

PART 8 – SIGNATURES

00 43 13 – BID SECURITY FORM

PART 1 – GENERAL

PART 2 – BID BOND/SECURITY FORM

00 45 13 – BIDDER’S QUALIFICATIONS

PART 1 - GENERAL INFORMATION

PART 2 - AUTHORIZED REPRESENTATIVE

PART 3 - PROJECT INFORMATION

PART 4 - BUSINESS QUALIFICATIONS

PART 5 - PERSONNEL AND STAFFING

PART 6 - EXPERIENCE AND PAST PERFORMANCE

PART 7 - FINANCIAL INFORMATION

PART 8 - SAFETY RECORD

PART 9 - LEGAL AND COMPLIANCE HISTORY

PART 10 - PENNSYLVANIA-SPECIFIC COMPLIANCE

PART 11 - INSURANCE REQUIREMENTS

PART 12 - SUBCONTRACTORS

PART 13 - CERTIFICATION

00 45 19 – NON-COLLUSION AFFIDAVIT

PART 1 – NON-COLLUSION AFFIDAVIT FORM

PART 2 - INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

00 45 27 – PROVISIONS OF WORKMEN’S COMPENSATION ACT

00 45 28 - NONDISCRIMINATION CLAUSE/STATEMENT [OF CONTRACTOR]

00 51 13 – NOTICE OF INTENT AWARD

PART 1 - NOTICE

PART 2 - ACCEPTANCE OF NOTICE

00 51 16 – NOTICE OF AWARD

PART 1 - NOTICE

PART 2 - ACCEPTANCE OF NOTICE

00 52 43 – AGREEMENT (CONTRACT FORM)

ARTICLE 1. WORK

ARTICLE 2. ENGINEER

ARTICLE 3. CONTRACT TIME

ARTICLE 4. - CONTRACT PRICE

ARTICLE 5. PAYMENT PROCEDURES

ARTICLE 6. CONTRACTOR’S REPRESENTATIONS

ARTICLE 7. - CONTRACT DOCUMENTS

ARTICLE 8. MISCELLANEOUS

ARTICLE 9. GRANT CONDITIONS

00 55 00 – NOTICE TO PROCEED

PART 1 – NOTICE

PART 2 - ACCEPTANCE OF NOTICE

00 61 13A – PERFORMANCE BOND

00 61 13B – PAYMENT BOND

00 61 19 – MAINTENANCE BOND

00 65 16 – CERTIFICATE OF SUBSTANTIAL COMPLETION

00 72 00 – GENERAL CONDITIONS

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

ARTICLE 2 – PRELIMINARY MATTERS

ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

HAZARDOUS ENVIRONMENTAL CONDITIONS

ARTICLE 6 – BONDS AND INSURANCE

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

ARTICLE 8 – OTHER WORK AT THE SITE

ARTICLE 9 – OWNER’S RESPONSIBILITIES

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

ARTICLE 12 – CLAIMS

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF

DEFECTIVE WORK

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION

ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

ARTICLE 18 – MISCELLANEOUS

00 73 46 – PREVAILING WAGE REQUIREMENTS

PART 1 – GENERAL

PART 2 –PREVAILING WAGE RATES

PART 3 – EXECUTION

PART 4 – MEASUREMENT AND PAYMENT

00 80 00 – SUPPLEMENTAL CONDITIONS

PART I – GENERAL

PART II – CONDITIONS

00 82 00 – PREVAILING WAGE REQUIREMENTS

Subchapter E. - PREVAILING REGULATIONS

00 90 00 – CLOSING FORMS

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 – SUMMARY OF WORK

SECTION 01ௗ23ௗ00 – ALTERNATES

PART 1 – GENERAL

PART 2 – PRODUCTS

PART 3 – EXECUTION

SECTION 01ௗ25ௗ00 – SUBSTITUTION PROCEDURES/OWNER-DIRECTED CHANGES

PART 1 – GENERAL

PART 2 – PRODUCTS

PART 3 – EXECUTION

SECTION 01ௗ57ௗ13 – ENVIRONMENTAL PERMITS

PART 1 – GENERAL

PART 2 – PRODUCTS

PART 3 – EXECUTION

DIVISION 03 – CONCRETE

SECTION 03ௗ33ௗ23 – FORM-LINED AND STAINED CONCRETE

PART 1 – GENERAL

PART 2 – PRODUCTS

PART 3 – EXECUTION

PART 4 – TEST PANELS (MOCK-UPS)

PART 5 – QUALITY CONTROL

PART 6 – MEASUREMENT AND PAYMENT

DIVISION 26 - LIGHTING

26 56 00 - LOW-VOLTAGE LIGHTING

PART 1 – GENERAL

PART 2 – PRODUCTS

PART 3 – EXECUTION

PART 4 – MEASUREMENT AND PAYMENT

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 34 13 – 8-FOOT ASPHALT SHARED-USE TRAIL

PART 1 – GENERAL

PART 2 – PRODUCTS

PART 3 – EXECUTION

PART 4 – MEASUREMENT AND PAYMENT

32 34 16 – PEDESTRIAN / BICYCLE BRIDGE

PART 1 – GENERAL

PART 2 – PRODUCTS

PART 3 – EXECUTION

PART 4 – MEASUREMENT AND PAYMENT

SECTION 32 93 00 – PLANTS (TREES AND SHRUBS)

32 94 00 – Site Furnishings

PART 1 – GENERAL

PART 2 – PRODUCTS

PART 3 – EXECUTION

PART 4 – MEASUREMENT AND PAYMENT

DIVISION 99 – SPECIAL PROVISIONS

99 20 13 – SPECIAL PROVISION – PA DCED LSA GRANT COMPLIANCE

PART 1 – GENERAL

PART 2 – PRODUCTS

PART 3 – EXECUTION

PART 4 – MEASUREMENT AND PAYMENT

END OF SECTION 00 01 10

00 11 13 – ADVERTISEMENT FOR BIDS

Sealed proposals will be received by the Municipal Contract Administrator [MCA, M.C.A.] -

Newtown Township, Bucks County, Pennsylvania [Newtown Township, Township] online via the PennBid™ Program, for the construction of the Newtown Creek Pedestrian/Bicycle

Bridge and Trail [Project].

Work includes construction of a 8-foot wide by 170-linear foot timber and steel girder multi-use bridge, an 8-foot wide asphalt multi-use trail (~500 linear feet), bollard and bridge-mounted

LED lighting, landscaping, earthwork, concrete, and associated site improvements.

Bidders must conform to the Pennsylvania Prevailing Wage Act, as well as the General

Conditions and detailed Specifications in the bid package. All documents and solicitation details are available at no cost at PennBid™ https//pennbid.bonfirehub.com

Only questions submitted electronically to the Engineer in writing via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com shall be considered. Responses will be provided on PennBid and be visible to all Bidders. Any changes to the plans or specifications will be provided as an Addendum via Public Notice and posted on PennBid. Bidders who have registered with and downloaded documents for this project from PennBid will be notified by email when a change or addenda has been posted.. No responses will be provided for requests received after 4:30 pm (local time) on Friday, March 20, 2026.

A pre-Bid conference will be held on Thursday, March 12, 2026 at 11:00 am. Pre-bid conference will be conducted at the project site with parking at 295 N Sycamore St, Newtown, PA 18940 (rear). The Pre-Bid Conference is MANDATORY for all bidders. Bids will not be accepted by any contractor not in documented attendance at the Conference. It is the Bidder’s responsibility to ensure that his/her attendance is documented.

Bids must be submitted by 11:00 am on Monday. March 30, 2026. The bids will be opened and the bid tabulation summaries will be made publicly available on Monday. March 30, 2026 by

4:30 pm (local time) on PennBid™. Bids may be held by Newtown Township for a period not to exceed 60 days from the date of Bid opening for the purpose of reviewing the Bids, receipt of government approvals, receipt of grant(s) and investigating the qualifications of Bidders, prior to awarding the Contract. Bids may be publicly awarded on May 13, 2026 at 7:00pm (local time) at the Township Municipal OƯices, 100 Municipal Drive, Newtown, Pennsylvania 18940.

Notice is hereby given that prospective bidders must have a minimum of 5 years of experience in the type of work associated with this project. The work indicated will be funded in part by a grant from the Pennsylvania Department of Community & Economic Development (DCED)

Local Share Account (LSA) Grant Program. Requirements apply to all contractors, subcontractors, suppliers, and vendors participating in the Project. The agreement obligates the Project to certain compliance requirements that if not followed could cause the Project not to receive the DCED LSA Funds. See Section 99 20 13.

The Bid Forms are included with the Bidding Documents for reference only. Bidders shall complete the electronic bid form within PennBid™ (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified. All bidders must be qualified to perform the work and shall complete the required Bidder Forms contained in the contract documents.

This bid is in accordance with the Pennsylvania Prevailing Wage Act, and the successful bidder shall pay no less than the PA L&I Wage Rates determined for the project as stated in the

Contract Documents. Award of the Contract, if the contract is awarded, will be to the lowest responsible bidder, however Newtown Township [M.C.A.] reserves the right to reject any and or all bids on any basis and to waive any informality in the bidding, as permitted by law.

The bid must be accompanied by a Cashier’s Check, Certified Check, or Bid Bond in the amount of Ten Percent (10%) of the bid, made payable to Newtown Township, Bucks County, Pennsylvania. Also required are a properly executed Bid Form, Non-Collusion AƯidavit, Certification Statement, and Contractor’s Qualification Statement. The successful bidder shall also be required to provide a Performance Bond in the amount of one hundred percent (100%) of the Contract amount within ten (10) calendar days of written notice of acceptance of the Bid.

Newtown Township [M.C.A.] reserves the right to reject any or all proposals or to accept any portion of any bid, and to award Contracts as is deemed best for the Township. Newtown

Township [M.C.A.] also reserves the right to waive any defects, errors, omissions, irregularities, or informalities in bids received.

END OF SECTION 00 11 13

00 21 13 – INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the

General Conditions and Supplementary Conditions. Additional terms used in these

Instructions to Bidders have the meanings indicated below:

A. Issuing OƯice – PennBid™ - www.PennBid.net.

B. Municipal Contract Administrator [M.C.A. , MCA] –

Newtown Township, Bucks County, Pennsylvania

B. Owners - Newtown Township, Bucks County, Pennsylvania

Newtown Borough, Bucks County, Pennsylvania

ARTICLE 2 - EXAMINATION OF DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing OƯice in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owners nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owners and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

2.04 Bidders shall carefully examine the Contract Documents and the project site.

Submission of a bid shall be considered evidence that the bidder has made such examination.

ARTICLE 3 - BID SUBMISSION

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its

Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

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

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

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

D. Other required information regarding qualifications

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

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

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

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

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the

Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

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

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

Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous

Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the

Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General

Conditions, has been identified and established in the Supplementary

Conditions. Bidder is responsible for any interpretation or conclusion

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

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

B. Underground Facilities: Information and data shown or indicated in the Bidding

Documents with respect to existing Underground Facilities at or contiguous to the

Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

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

Bidding Documents due to diƯering or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the

Site, if any, and possible changes in the Contract Documents due to any

Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the

Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

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

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

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

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

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

4.04 Owner’s Safety Program

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

4.05 Other Work at the Site

A. Reference is made to ARTICLE 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding

Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts

(other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

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

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

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

D. carefully study all:

(1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and

(2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the

Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the eƯect of such information, observations, and documents on

1 the cost, progress, and performance of the Work;

2. the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and

3. Bidder’s safety precautions and programs;

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

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

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

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

Work; and

J. agree that the submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this ARTICLE, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-Bid conference will be held on Thursday, March 12, 2026 at 11:00 am. Pre-bid conference will be conducted at the project site with parking at 295 N Sycamore St, Newtown, PA 18940 (rear).

6.02 The Pre-Bid Conference is MANDATORY for all bidders. Bids will not be accepted by any contractor not in documented attendance at the Conference.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing electronically via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda via a Public Notice and posted on PennBid. Bidders who have registered with and downloaded documents for this project from PennBid will be notified by email when a change or addenda has been posted. Questions received less than seven days prior to the date for opening of

Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal eƯect.

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

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of

10 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of

Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required Performance Bond, and met the other conditions of the Notice of

Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required Performance

Bond within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited.

Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the

EƯective Date of the Contract or 90 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9 – CONTRACT TIMES

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

ARTICLE 10 – LIQUIDATED DAMAGES

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

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

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

EƯective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the

Contractor will furnish the materials and equipment specified or described in the Bidding

Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding

Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

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

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the any portions of the Work. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of

Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the diƯerence in cost occasioned by such substitution, and

Owner may consider such price adjustment in evaluating Bids and making the Contract award.

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

Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

A. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

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

Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate oƯicer

(whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal (optional) may be aƯixed and attested by the corporate secretary or an assistant corporate secretary.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the oƯicial address of the firm shall be shown.

13.04 A Bid by an individual shall show the Bidder’s name and oƯicial address.

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The oƯicial address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the

Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Base Bid with Alternates

A. Bidders shall submit the base Bid in the same format as the Bid Form and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

14.02 Unit Price

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

Unit Price Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price

Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding

“Bid Unit Price” oƯered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

14.04 Price-Plus-Time Bids

A. The Owner will consider the time of Substantial Completion commitment made by the Bidder in the comparison of Bids.

B. Bidder shall designate the number of days required to achieve Substantial

Completion of the Work and enter that number in the Bid Form as the total number of calendar days to substantially complete the Work.

C. The total number of calendar days for Substantial Completion designated by Bidder shall be less than or equal to a maximum of 90. If Bidder purports to designate a time for Substantial Completion that is less than the allowed minimum, or greater than the allowed maximum, Owner will reject the Bid as nonresponsive.

D. The Agreement as executed will contain the Substantial Completion time designated in Successful Bidder’s Bid, and the Contractor will be assessed liquidated damages at the rate stated in the Agreement for failure to attain

Substantial Completion within that time.

E. Bidder shall also designate the time in which it will achieve Milestones and achieve readiness for final payment. Such time commitments shall be consistent with the “Time of Substantial Completion” to which Bidder commits. The

Agreement as executed will contain, as binding Contract Times, Successful

Bidder’s time commitments regarding Milestones, as applicable, and readiness for final payment.

14.05 Escalator Clause

A. No escalator clause shall apply for this scope of work.

ARTICLE 15 – SUBMITTAL OF BID

15.01 Bids and all documents required to be submitted under the terms of ARTICLE 7 of the Bid

Form must be submitted electronically via PennBid at https://pennbid.bonfirehub.com.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted in the designated manner, will not be accepted.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

7.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be posted on PennBid and made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the

Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

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

Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

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

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the

Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. Bid prices will be compared after adjusting for diƯerences in time of Substantial

Completion (total number of calendar days to substantially complete the Work) designated by Bidders. The adjusting amount will be determined at the rate set forth in the Agreement for liquidated damages for failing to achieve Substantial

Completion, or such other amount that Owner has designated in the Bid Form.

1. The method for calculating the lowest bid for comparison will be the summation of the Bid price shown in the Bid Form plus the product of the

Bidder-specified time of Substantial Completion times the rate for liquidated damages $600.00 per day.

2. This procedure is only used to determine the lowest bid for comparison and contractor selection purposes. The Contract Price for compensation and payment purposes remains the Bid price shown in the Bid Form.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and

Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

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

Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

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

ARTICLE 21 – SIGNING OF AGREEMENT & FILING OF FORMS

21.01 Contract forms are to be submitted as outlined in the Invitation to Bid, Bid Form, Notice of Intent to Award, Notice of Award, and/or Agreement according to the following timelines.

A. At the time of the initial bid, submit the Bid Form, Bid Security, Certification

Statement, Non- Collusion AƯidavit, Qualification Statement, Blank Waiver of Liens, and Bidder Responsibility Questionnaire.

B. After opening and review of bids, OWNER or ENGINEER/ARCHITECT will send the

Notice of Intent to Award to the apparent lowest qualified bidder. The form of this

Notice is to be returned with the following within 10 days in order to secure the

Notice of Award (actual award):

1. PERFORMANCE BOND

2. MAINTENANCE BOND

3. PAYMENT BOND

4. INSURANCE CERTIFICATES

5. PA LABOR COMPLIANCE MOU

6. WORKMEN’S COMPENSATION AFFIDAVIT, AND

7. PUBLIC WORKS EMPLOYMENT VERIFICATION FORM.

C. Upon receipt of these forms, the Notice of Award will be sent, which must be signed and returned along with the Agreement within a second period of 10 days.

D. Within 10 days thereafter, Owner shall deliver one fully executed counterpart of the

Agreement to Successful Bidder, together with printed and electronic copies of the

Contract Documents as stated in Paragraph 2.02 of the General Conditions.

E. The Statement of Surety Company (004315) and Waiver of Liens (008300) shall be submitted in accordance with instructions indicated on those forms relative to requests for payment. However, the general Lien Waiver Agreement shall be submitted within 10 days of the executed Agreement and no less than 10 days before Work begins.

END OF SECTION 00 21 13

00 41 43 – BID FORM

NAME OF PROJECT: NEWTOWN CREEK PEDESTRIAN/BICYCLE BRIDGE & TRAIL

ADDRESS OF PROJECT: FROST LANE (UNOPENED) BETWEEN

NORTH SYCAMORE STREET & EDGEBORO DRIVE

NEWTOWN TOWNSHIP & NEWTOWN BOROUGH

BUCKS COUNTY, PENNSYLVANIA

OWNER(S): Newtown Township Newtown Borough

100 Municipal Drive 23 North State Street

Newtown, PA 18940 Newtown, PA 18940

ATTN: Edward Merriman ATTN: Emily Heinz

BOS Chairman Council President

PART 1A - BASE BID:

In compliance with the Project Manual, the undersigned, having carefully examined the Bidding

Documents and having had the opportunity to visit the site and examine all conditions aƯecting the work, proposes to do all such work, including the furnishing of all necessary labor, machinery, equipment, materials, supplies, transportation and incidentals as required by the Bidding

Documents, for the sum of:

PART 1B - TOTAL BID SUM:

DOLLARS

Sum expressed in words

Sum Expressed in Figures jmadaras Text Box

FOR REFERENCE ONLY - USE PENNBID

PART 2 - SCHEDULE

If awarded a contract for the work described by the Contract Documents, the undersigned will complete the work, without exception, in the following number of calendar days from the time of issuance of the Notice to Proceed:

Total Number of Calendar Days to Complete the Work 337 Days

Earliest Start Date May 29, 2026

Estimated Date of Final Completion April 30, 2027

PART 3 - SCHEDULE OF VALUES/PRICES:

jmadaras Text Box

FOR REFERENCE ONLY - USE PENNBID

PART 4 – VALUE ENGINEERING:

4.01 The Bidder may at his/her option, provide value engineering suggestions, alternative materials, and provide add/deduct amounts for such items.

PART 5 - GOOD FAITH:

5.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Document, and the following Addenda, receipt of all which is hereby acknowledged.

ADDENDUM # ADDENDUM DATE

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may aƯect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and

Regulations that may aƯect cost, progress and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and test of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site

(except Underground Facilities).

E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may aƯect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding

Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

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

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the

Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder.

J. The Bidding Documents are generally suƯicient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

. Bidder further represents that this Bid is genuine and not in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;

Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

L. Bidder acknowledges that the Borough of Honey Brook may delete all or a portion of the project, in one or more instances, in its sole discretion, which it deems appropriate. In such instance, the Borough of Honey Brook and the CONTRACTOR will deduct from the Contract price an amount equal to the value of the Work to be deducted including overhead and profit. If the parties do not agree as to the dollar amount of the deduction, the ENGINEER will render a decision which will be final and binding upon both parties.

M. The Bidder agrees to progress payments in accordance with ARTICLE 51 of the

General Conditions and the Supplementary Conditions at such unit values as indicated in Section UNIT PRICES and the UNIT PRICES FORM (the total of the unit values and quantities being equal to the Total Bid Sum), as prepared by the Bidder.

N. The following documents are attached to and made a condition of this Bid:

1. Bid Security Form

2. Certification Statement

3. Non-Collusion AƯidavit

4. Contractor’s Qualification Statement

5. Unit Prices Form (if not included herein)

6. Bidder Responsibility Questionnaire

7. Waiver of Liens (Blank)

O. Communications concerning this Bid shall be addressed to the address of Bidder indicated below or the following address:

Name:

Title:

Company:

Office:

Mobile:

Email:

PART 6 - CONCLUSION:

6.01 Contractors are requested not to bid on this Contract if they cannot adhere strictly to the following requirements. In submitting this bid we agree:

A. To hold our bid open for a period of ninety (90) calendar days past the date for receipt of bids.

B. To complete, sign, and submit with the bid the attached Certification Statement certifying that we have not been and are presently not suspended, debarred or otherwise precluded by any Federal or State entity from the benefits which may result from obtaining this Contract.

C. To complete, sign, and submit with the bid the attached Non-Collusion AƯidavit and the Contractor’s Qualification Statement.

D. To submit a Bid Security in accordance with the attached form in the sum of 10% of the Bid Total which is to become the property of the Owner in the event the

Contract and Bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby.

E. To enter into and execute a contract, if awarded on the basis of this bid, and to furnish performance and payment bonds in accordance with the Instructions to

Bidders and Supplementary Conditions.

F. To accomplish the work in accordance with the Contract Documents.

G. To comply with the County CRP conditions.

PART 7 – ACKNOWLEDGEMENT OF RECIEPT

The Undersigned hereby acknowledges the receipt of the following Addenda to the Contract

Documents.

ADDENDUM # ADDENDUM DATE

PART 8 – SIGNATURES

Respectfully submitted by Authorized Signing Officer:

Signature: Date

Printed Name:

Company:

Address:

If Partnership, list full names of all partners

If Corporation, affix Corporate Seal and list state of incorporation

State: (AƯix Seal)

END OF SECTION 00 41 43

00 43 13 – BID SECURITY FORM

PART 1 – GENERAL

1.1 SUMMARY

A. This section includes the required Bid Bond guaranteeing that the Bidder will execute the Contract and furnish required Performance and Payment Bonds.

B. Bid security shall be 10% of the Total Bid Amount.

1.2 REFERENCE STANDARDS

A. Pennsylvania Municipal Code requirements for public bidding.

B. Surety must be licensed to do business in the Commonwealth of Pennsylvania.

1.3 FORM OF BID SECURITY

A. Bid security shall be submitted on the Bid Bond form included in this Section, executed by the Bidder and a Surety authorized to issue bonds in Pennsylvania.

B. Certified checks or cashier’s checks are acceptable only if permitted elsewhere in the Contract Documents.

PART 2 – BID BOND/SECURITY FORM

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned:

, as Principal, and

(Name of Contractor)

,as Surety

(Name of Surety) a corporation duly organized under the laws of the State of , licensed to do business in the State of Pennsylvania, are held and bound unto the Newtown

Township [M.C.A.], as the Obligee, in the sum of ten percent (10%) of the amount bid, for payment of which the Principal and Surety,…