1-DIV 00 01 -073.pdf

PROJECT TITLE PAGE

00 01 01-1

PROJECT MANUAL

FOR

CONTRACT NO. 26-01007

2026 ROAD PAVING PROJECT

FILE NO. 26-01007

PREPARED FOR:

UPPER SOUTHAMPTON TOWNSHIP

939 STREET ROAD

SOUTHAMPTON, PA 18966

JUNE 2026

PREPARED BY:

Tri-State Engineers and Land Surveyors, Inc.

801 West Street Road Feasterville, PA 19053

(215) 357-5950

TABLE OF CONTENTS

00 01 10-1

UPPER SOUTHAMPTON TOWNSHIP

2026 ROAD PAVING PROJECT

CONTRACT 26-01007

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

Procurement Requirements

00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 21 13.1 Instructions for Electronic Bidding 00 41 00 Bid Form 00 43 13 Bid Bond 00 45 10 Bidder’s Acknowledgement Form 00 45 13 Bidder Qualification Statement 00 45 19 Non-Collusion Affidavit 00 45 53 Agreement of Surety Company

Contracting Requirements

00 52 00 Agreement 00 61 13.13 Construction Performance Bond 00 61 13.16 Construction Payment Bond 00 61 19 Maintenance Bond 00 62 16 Certificate of Insurance 00 65 19.13 Contractor’s Affidavit 00 65 19.16 Contractor’s Release of Liens 00 65 19.19 Consent of Surety to Final Payment 00 72 00 General Conditions 00 73 00 Supplementary Conditions Appendix A Prevailing Wage Determination Appendix B Public Works Employment Verification Form 00 91 13 Addenda

DIVISION 01 – GENERAL REQUIREMENTS

01 11 13 Summary of Work 01 22 00 Measurement and Payment 01 26 73 Material Price Adjustment 01 29 00 Contract Considerations 01 31 00 Coordination and Meetings 01 33 00 Submittals 01 42 13 Organization and Reference Acronyms 01 55 26 Traffic Regulation 01 60 00 Materials and Equipment 01 70 00 Contract Closeout 01 71 13 Mobilization

DIVISION 2-35 – TECHNICAL REQUIREMENTS

31 20 00 Earthwork 32 01 16.71 Milling of Asphalt Pavement Surface 32 01 17.61 Polymer Modified Asphalt Joint and Crack Sealing 32 12 00 Asphalt Paving 32 17 23.14 Painted Pavement Markings

END OF DOCUMENT

LIST OF DRAWING SHEETS

A. The Drawings for this Project are entitled 2026 UPPER SOUTHAMPTON ROAD PAVING

PROJECT and include the following sheets:

SHEET NO. TITLE

1 OF 4: OVERALL LOCATION MAP

2 OF 4: TAMANEND PARK CONSTRUCTION PLAN

3 OF 4: TAMANEND PARK CONSTRUCTION DETAILS

4 OF 4: CONSTRUCTION DETAILS

LIST OF DRAWING SHEETS

00 01 15-1

ADVERTISEMENT FOR BIDS

00 11 13-1

DOCUMENT 00 11 13

The Township of Upper Southampton, offices located at 939 Street Road, Southampton, PA 18966, will receive sealed bids online until 11:00 A.M., prevailing time on Tuesday, July 7th, 2026 at which time and place the bids shall be publicly opened and read aloud for:

Contract 26-01007– 2026 UPPER SOUTHAMPTON ROAD PAVING PROJECT

This contract consists of a base bid and twelve (12) alternates in Upper Southampton Township. The base bid includes full depth 1 ½ inch milling, base repair, leveling, line striping and wearing course overlay on three (3) roadways.

Alternate(s) #1, through #10 includes full depth 1 ½ inch milling, leveling, and wearing course overlay on Jason Drive, Nicolas Drive, Gregory Drive, Stahl Road, Provident Road, Melrose Ave, Harding Ave, Willopenn Drive, Buckhill Drive & Davisville Road. Alternate #11 includes full depth 1 ½ inch milling, leveling, wearing course overlay and miscellaneous line striping at the Upper Southampton Township Willi Schaefer Athletic Complex.

Alternate #12 includes grading, leveling, base course installation full depth 1 ½ inch milling, wearing course overlay and miscellaneous line striping at the Tamanend Park bathroom facility.

Bidding Documents and Solicitation details may be obtained at PennBid™ pennbid.bonfirehub.com/portal.

Click on the “Open Public Opportunities” tab. All documents, specifications, and drawings can be obtained, and secure bids submitted online at no cost. There are no fees for bidders who are not awarded the bid.

Each bid shall be submitted in accordance with the Instructions to Bidders and must be accompanied by a Bid Bond or Certified Check for not less than ten percent (10%) of the Bid amount payable to the Township of Upper Southampton along with an Agreement of Surety certifying that the required Performance and Payment Bonds will be provided to the Bidder.

The successful Bidder shall be required to furnish proof of insurance and bonds for Performance, Payment, and Maintenance in such form as meets the approval of the Township of Upper Southampton and having as security thereon such Surety company or companies as are approved by the Township of Upper Southampton.

No pre-bid meeting will be held for this project.

Only pre-qualified PADOT prime contractors will be accepted for this contract.

This project is subject to applicable provisions of Act 422, Pennsylvania Prevailing Wage Act as amended, and the prevailing minimum wage rates issued by the Pennsylvania Department of Labor and Industry.

No Bidder may withdraw his bid within sixty (60) days after the date set for the opening of the bids.

The Township of Upper Southampton reserves the right to reject any and all bids for any cause whatsoever, to eliminate any item or items from the contract, and to waive any informality in the bids.

The Township of Upper Southampton reserves the right to increase or decrease any or all of the quantities of work or to omit any of them, as it may deem necessary and such increase or decrease of the quantities given for any of the items shall not be considered as sufficient grounds for granting an increase in the unit prices bid. The contractor will be paid at the unit prices bid for actual work performed in accordance with the terms of the contract. Bid shall be awarded to lowest responsible bidder for combined base Bid and any Alternatives chosen by the Township.

The Plans and Specifications were prepared by Tri-State Engineers and Land Surveyors, Inc.

00 11 13-2

By order of: The Township of Upper Southampton Owner: The Township of Upper Southampton

INSTRUCTIONS TO BIDDERS

00 21 13-1

DOCUMENT 00 21 13

Page

ARTICLE 1. DEFINED TERMS

ARTICLE 2. COPIES OF BIDDING DOCUMENTS

ARTICLE 3. QUALIFICATIONS OF BIDDERS

ARTICLE 4. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

ARTICLE 5. PRE-BID CONFERENCE

ARTICLE 6. SITE AND OTHER AREAS

ARTICLE 7. INTERPRETATIONS AND ADDENDA

ARTICLE 8. BID SECURITY

ARTICLE 9. CONTRACT TIME

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; EVALUATION OF BIDS

ARTICLE 15. SUBMITTAL OF BID

ARTICLE 16. MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17. OPENING OF BIDS

ARTICLE 18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19. EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 20. CONTRACT SECURITY AND INSURANCE

ARTICLE 21. SIGNING OF AGREEMENT

ARTICLE 22. SALES AND USE TAXES

ARTICLE 23. RETAINAGE

ARTICLE 24. CONTRACTS TO BE ASSIGNED

ARTICLE 25. BLASTING AND PREBLASTING SURVEY

ARTICLE 26. PERMITS

ARTICLE 27. ROCK REMOVAL

ARTICLE 28. GOVERNMENT REQUIREMENTS

ARTICLE 29. SEQUENCE OF CONSTRUCTION

ARTICLE 30. COORDINATION OF RELATED WORK AT THE SITE

ARTICLE 31. INFORMATION CONCERNING OWNER AND ENGINEER

00 21 13-2

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 below:

A. Bidder: The individual or entity who submits a Bid directly to Owner.

B. Issuing Office: The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder: The lowest responsible Bidder submitting a responsive Bid to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

ARTICLE 2. COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents are available online at no cost at PennBid (www.ebidexchange.com/pennbid).

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

2.03 Owner 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 confer a license or grant for any other use.

ARTICLE 3. QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder's qualifications to perform the Work, Bidder must submit with his Bid a completed Bidder Qualification Statement. In lieu of the Bidder Qualification Statement, Bidder may submit with his Bid, a completed Construction Contractor's Qualification Statement for Engineered Construction developed by The Associated General Contractors of America (AGC Document No.

220).

3.02 If additional information is necessary to demonstrate qualifications to perform the Work, within five

(5) days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments and such other data as may be reasonably requested.

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

ARTICLE 4. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,

AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports, known to Owner, of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings, known to Owner, of physical conditions relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and http://www.ebidexchange.com/pennbid

00 21 13-3 established in Paragraph 1.06 of 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.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 1.08 of 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.

4.04 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 differing or unanticipated surface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 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 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid.

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. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 A. Reference is made to Paragraph 1.17 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

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

A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

00 21 13-4

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph 4.06 of the Supplementary Conditions as containing reliable “technical data”;

E. consider the information known to Bidder; 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 effect 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, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that 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(s) 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; and

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

J. attend and participate in any mandatory pre-bid conference.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5. PRE-BID CONFERENCE

5.01 No Pre-Bid Conference will be held.

ARTICLE 6. SITE AND OTHER AREAS

6.01 The Site(s) is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

00 21 13-5

ARTICLE 7. INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer by clicking on the Questions tab within PennBid. Interpretations or clarifications considered necessary by Engineer in response to such questions will be by Addenda and posted within the PennBid Documents. Notifications of Addenda will be emailed to all parties recorded by Engineer as having downloaded the Bidding Documents. Questions received after the posted cut-off date may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8. BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of Bidder’s maximum Bid price and in the form of a certified check, bank money order or a Bid Bond (on the form in Project Manual or equivalent) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and insurance certificate(s) and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security and insurance certificate(s) within 15 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. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement, after all bids are rejected by Owner or after the date the bid acceptance period has expired, whichever occurs first, whereupon Bid security furnished by such Bidders will be returned.

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

ARTICLE 9. CONTRACT TIME

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, are set forth in the Agreement.

ARTICLE 11. SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The materials and equipment described in the Bidding Documents establish a standard of required type, function, and quality to be met by any proposed substitute or "or-equal" item. Should a Bidder wish to determine in advance of submitting a Bid whether a particular item of material or equipment, not specified, will be accepted as a substitute or "or-equal" to an item specified in the Bidding Documents, a decision may be requested from Owner. Such a request shall be directed to Engineer and must be submitted at least fifteen (15) days prior to the date of receipt of Bids. Each such request shall conform to requirements of Paragraph 6.05 of the General Conditions.

The burden of proof of the merit of the proposed item is upon Bidder. The Bidder, if necessary, will submit a comparison of the proposed “or equal” item with the original specified item demonstrating the proposed item meets the specifications. Engineer's decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth

00 21 13-6 in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents or by Addendum without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraph 6.05 of the General Conditions and may be supplemented in the General Requirements.

ARTICLE 12. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. 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, individual, or entity if requested by Owner. 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 a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.02 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, individuals, or entities. Declining to make requested substitutions will not 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 revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13. PREPARATION OF BID

13.01 A separate document entitled Document 00 21 13.1 - Instructions – Submitting Electronic Bids For This Solicitation contains a full description of what documents are to be submitted electronically along with instructions on how to submit sealed bids.

13.02 Bidder for this Contract has the option to offer an alternate manufacturer for Owner's consideration for any of the major equipment items on the list within paragraph 6.01 of the Bid Form along with the associated lump sum deduction in the bid price. The deduction shall take into consideration the installed cost and any related modifications and Engineering costs that may be required. Each deduction offer for a major equipment item shall be made separately from any other offer.

The deductive alternate(s) will not be considered in the award of the Contract. After a contract is awarded, Owner may, at his sole discretion, select items of any alternate manufacturer on the list and the lump sum bid price will be adjusted accordingly.

Engineer may require detailed information to be submitted for preliminary evaluation of an alternate manufacturer including technical and performance details and other information as deemed necessary and/or as described in the Project Manual.

00 21 13-7

If a major equipment item offered by an alternate manufacturer will require modification or deviation from the Drawings, Bidder must prepare and submit detailed drawings to Engineer showing all modifications in structures, piping, electrical and mechanical work required to adapt the Drawings to the major equipment item selected. Bidder also must compensate Engineer for reasonable review and coordination time associated with evaluation of an alternate major equipment item. Engineer will review the aforementioned detailed drawings of modifications and either grant an approval or indicate changes necessary to comply with the project requirements. Detailed drawings which are not approved must be revised and then resubmitted to ENGINEER for approval. If it is determined by ENGINEER that a major equipment item by an alternate manufacturer cannot be approved, then the major equipment item as listed in Section 6.01 as included in determining the lump sum bid price must be provided.

ARTICLE 14. BASIS OF BID; EVALUATION OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the electronic Bid schedule including any incidental Bid items. Bidders must provide unit costs for each item including all Phases and Alternates.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. The Township of Upper Southampton reserves the right to increase or decrease any or all of the quantities of work or to omit any of them, as it may deem necessary and such increase or decrease of the quantities given for any of the items shall not be considered as sufficient grounds for granting an increase in the unit prices bid. The contractor will be paid at the unit prices bid for actual work performed in accordance with the terms of the contract.

14.02 Bid prices shall include all taxes of whatever nature applicable to the Work or Bidder's performance thereof.

14.03 Any price adjustment of the bituminous materials will be made in accordance with PennDOT Specifications Form 408, Section 110.04

ARTICLE 15. SUBMITTAL OF BID

15.01 Bids are to be submitted electronically via the PennBid Program. The document entitled Document 00 21 13.1 - Instructions – Submitting Electronic Bids For This Solicitation is included as part of this solicitation and provides instructions on what information needs to be submitted along with how to submit.

15.02 A Bid shall be submitted via PennBid no later than the date and time prescribed in the advertisement or invitation to bid.

15.03 The Bidder is solely responsible for submitting his Bid by the time indicated in the advertisement or invitation to bid.

ARTICLE 16. MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn any time prior to the bid closing date and time by clicking on the “Withdraw Bid” button within PennBid.

16.02 Bids may be withdrawn within two (2) business days after the opening of Bids only by the withdrawing Bidder's strict compliance with 73 P.S. §1602 and any subsequent amendments.

00 21 13-8

ARTICLE 17. OPENING OF BIDS

17.01 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 to coincide with the bid opening and simultaneous posting of bid results on PennBidTM website. pennbid.bonfirehub.com. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

No hard copies of bids will be accepted by Upper Southampton Township at the township administration complex in Southampton, PA as all bids are required to be submitted electronically via the PennBidTM electronic procurement program.

ARTICLE 18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for a period of sixty (60) calendar days after the date of the bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. Thirty (30) day extensions of the date for the award may be made by the mutual consent of Owner and the lowest responsible and responsive Bidder.

ARTICLE 19. EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any and all Bids, including, without limitation, nonconforming, non-responsive, unbalanced or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make an award to the Bidder due to noncompliance with Bid Specifications and/or prior work history of the Bidder. The successful Bidder shall be required to enter into a written Contract in a form to be approved by the Owner.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

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

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. Any Bidders who have defaulted on a public Contract within five years of the date of the issuance of this Bid document may be eliminated from consideration within the sole discretion of the Owner.

19.06 If the Contract is to be awarded, the Owner reserves the right to select any combination of the Base Bid and/or Alternate Bids to determine the lowest responsible Bidder for the selected combination whose Bid is in the best interests of the Project. If the Contract is to be awarded, only one award will be made.

ARTICLE 20. CONTRACT SECURITY AND INSURANCE

20.01 Article 5 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

00 21 13-9

Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds and required insurance certificate(s).

ARTICLE 21. SIGNING OF AGREEMENT

21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement to Owner with the required Bonds and insurance certificate(s). Owner shall deliver one fully signed counterpart to Successful Bidder within sixty (60) days of the date of the Notice of Award.

ARTICLE 22. SALES AND USE TAXES

22.01 All applicable sales and use taxes shall be included in the Bid. Refer to Paragraph 1.15 of the Supplementary Conditions for additional information.

ARTICLE 23. RETAINAGE

23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24. CONTRACTS TO BE ASSIGNED

24.01 This Section is not used. The Owner has not executed additional contracts associated with the proposed Work.

ARTICLE 25. BLASTING AND PREBLASTING SURVEY

25.01 Blasting requirements associated with construction of the Work are covered in Paragraph 1.24 of the Supplementary Conditions.

ARTICLE 26. PERMITS

26.01 Paragraph 1.25 of the Supplementary Conditions presents the respective obligations of Owner and Contractor, with regard to the obtaining of permits and/or approvals from governmental agencies relative to the proposed Work.

ARTICLE 27. ROCK REMOVAL

27.01 The Total Bid Price is to include rock removal required to accomplish construction of the proposed Work.

ARTICLE 28. GOVERNMENT REQUIREMENTS

28.01 Bids shall be submitted on the basis of full and total compliance with all Federal and State laws, regulations, statutes and requirements pertaining to the Work. Bidder shall refer to Paragraph 1.12 of the Supplementary Conditions.

ARTICLE 29. SEQUENCE OF CONSTRUCTION

29.01 Section 01 11 13 notes the sequence of construction and timing relative to construction of the proposed Work.

00 21 13-10

ARTICLE 30. COORDINATION OF RELATED WORK AT THE SITE

30.01 Reference is made to Paragraph 1.18 of the Supplementary Conditions relative to identification of the prime contractor who will have authority and responsibility for coordination of activities involving other parties and/or prime contractors relative to construction of the Project.

ARTICLE 31. INFORMATION CONCERNING OWNER AND ENGINEER

31.01 Owner:

Township of Upper Southampton 939 Street Road Southampton, PA 18966 Telephone: (215) 322-9700 Fax: (215) 322-0405 Attention: Don Williams, Township Email: dwilliams@ustwp.org

31.02 Engineer:

Tri-State Engineers and Land Surveyors 801 West Street Road Feasterville, PA 19053 Telephone: (215) 357-5950 Fax: (215) 357-2836 Attention: Larry P. Young, P.E.

Email: LYOUNG@TSE-LS.COM mailto:lyoung@tse-ls.com

INSTRUCTIONS – SUBMITTING ELECTRONIC BIDS FOR THIS SOLICITATION

00 21 13.1-1

DOCUMENT 00 21 13.1

Using the PennBid™ electronic bid management system to respond to this Request-for-Quotation

Many PA municipalities, Authorities, and private firms are utilizing the PennBid™ electronic procurement Program for their solicitations, RFPs, and RFQs. Using PennBid is beneficial to both the agencies as well as the bidders. Costs and bidding effort is greatly reduced as bid documents are available online, all Q&A’s are via email, and sealed bids can be submitted and updated online. Interested bidders need to register only once, a free process that takes only a few minutes. Once registered, bidders have access to publically available bids and solicitations from every Agency within

PennBid, plus are available for By-Invitation-Only RFPs and RFQs. Bidders can obtain all project documents and submit and update their confidential bids online.

Sealed Bid Confidentiality – The confidentiality of the sealed bid system is a cornerstone of the PennBid Program. At no time before Bid Opening can anyone see your electronic bid.

Confidentiality of Identity – When questions are asked and answered, bidder identity is not disclosed to other bidders.

1. Documents – All documents may be downloaded directly to your computer. Documents can be electronically sent to your suppliers and sub contractors.

2. Being added to the “Bidders List” – By downloading any document, you are automatically added to the list of bidders for this solicitation.

3. Questions – by clicking on the “Questions” tab, you can see all questions that have been asked and answered related to this solicitation. You can also ask questions directly through this tab. When the agency answers the question, both the question and answer is emailed directly to all bidders.

4. Submitting and Updating Bids – You may submit and update your bid anytime up to the bid due date and time by clicking on the “Bid” tab. You need only to provide the per unit price. The PennBid Program will automatically calculate the extended price (no more math errors). You can update any line item without affecting the rest of your quote.

What to submit with this bid

Click on the “Bid” tab

▪ Enter financial bid

▪ Answer questions

▪ Bidder is required to attach a single electronic file or zipped folder containing the documents listed below for the Bid and are made a condition of the Bid:

o PennBID Bid Form o 00 43 13 – Bid Bond o 00 45 10 – Bidders Acknowledgement Form o 00 45 13 – Bidder Qualification Statement or Construction Contractor's Qualification Statement for Engineered Construction (AGC Document No. 220) with the exception of providing the recent Financial Statement.

00 21 13.1-2 o 00 45 19 – Non-Collusion Affidavit o 00 45 53 – Agreement of Surety o Public Works Employment Verification Form (Doc 00 73 00, Appendix B) o List of Proposed Subcontractors, Proposed Suppliers and other individuals and entities required to be identified in this Bid

Important Note 1 - The three apparent low bidders shall submit the above documents in original form and signatures to the agency receiving the bids within 3 business days following bid opening. The recent Financial Statement shall be included with the Bidder Qualification Statement at this time.

Important Note 2 - If the PennBid Program is idle for 30 minutes, a logout warning will appear. Bidders must acknowledge. If bidder does not acknowledge that they want to continue working, they will be logged out and bidder’s data will not be saved or submitted.

How to submit your bid

The Bid tab contains the electronic bid form. All Per Unit Price fields must be filled out. To no-bid a line item, insert a zero (0). PennBid will automatically complete the line extensions and bid totals. At the bottom of the page, check the Verification Statement and click Submit Bid. Completed bid form can be printed or saved to Excel by clicking the icons in the middle of the bid form page.

Submitting documents with electronic bid

An electronic copy of the documents listed above is to be submitted with the electronic bid. To attach theses documents:

1. Fill out required documents and scan to create a single electronic file or saved as a single zipped folder containing all documents

2. From the Bid tab, click on “browse” (middle of the page), then click on the file or zipped folder name. The file will be attached to your bid submission when the Submit Bid button is clicked.

Important Note 3 – when uploading a proposal or other document, the maximum individual file or folder size is 20Mb.

Verifying that your bid was submitted

If submitted properly, you will receive an acknowledgement appearing in the middle of your screen saying, “Your bid has been submitted”.

Withdrawing Your Bid

You may withdraw your bid anytime up to bid due date and time by simply clicking on Withdraw Bid, located at the bottom of the Bid tab.

Help Guides

There are several Help Guides available from the PennBid™ Home Page.

BID FORM

00 41 00-1

DOCUMENT 00 41 00

BID FORM

The Bid Form associated with a specific Contract may be found on the PennBid website (https://pennbid.bonfirehub.com) at the “Bids “ tab for the specific Contract.

EJCDC C-435 Bid Bond (Damages Form)

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

00 43 13-1

DOCUMENT 00 43 13

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):

Township of Upper Southampton 939 Street Road Southampton, PA 18966

BID

Bid Due Date:

Description: 2026 Road Paving Project, Upper Southampton Township, Bucks Co., PA:

Contract No. 26-01007

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

Title Title

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)

00 43 13-2

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 required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

12. Any action filed under the bond must be commenced in the Bucks County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. This is a legal requirement and not subject to negotiation or change.

BIDDER’S ACKNOWLEDGEMENT FORM

00 45 10-1

DOCUMENT 00 45 10

PROJECT IDENTIFICATION: CONTRACT 26-01007: 2026 UPPER SOUTHAMPTON ROAD PAVING PROJECT

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with

OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

3.01 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 Documents, and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

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

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.

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 affect 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 sufficient to indicate and convey understanding of all terms and conditions for performance of the Work for which this Bid is submitted.

00 45 10-2

4.01 Bidder further represents that this Bid is…