1-Project Manual - Flanagan Road Culvert Replacements.pdf

BID DOCUMENTS

for

FLANAGAN ROAD

CULVERT REPLACEMENTS PROJECT

Located in

Jackson Township, Lebanon County, PA

June 2026

SESI Project #: 008-25-025

Prepared By:

i

JACKSON TOWNSHIP

FLANAGAN ROAD CULVERT REPLACEMENTS PROJECT

TABLE OF CONTENTS

Section

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

ADVERTISEMENT & INVITATION TO BID 001113

REQUEST FOR QUALIFICATIONS 001153

INSTRUCTIONS TO BIDDERS 002113

BID FORM 004116

BID SECURITY 004313

NON-COLLUSION AFFIDAVIT 004400

ACT 127 VERIFICATION FORM 004600

AFFIDAVIT RE (WORKMEN’S COMPENSATION ACT) 004700

AGREEMENT 005213

PERFORMANCE BOND 006110

PAYMENT BOND 006113

GENERAL CONDITIONS 007200

SUPPLEMENTARY CONDITIONS 007300

SECURITY 007363

PA PREVAILING WAGE RATES 008300

DIVISION 01 – GENERAL REQUIREMENTS

SUMMARY OF WORK 011000

SUBMITTAL PROCEDURES 013300

QUALITY CONTROL 014000

TEMPORARY FACILITIES AND CONTROLS 015000

TRAFFIC CONTROL 015526

PRODUCT REQUIREMENTS 016000

CLEANING AND WASTE MANAGEMENT 017400

CLOSEOUT PROCEDURES 017700

DIVISION 02 – EXISTING CONDITIONS

SITE PREPARATION 022900

SELECTIVE DEMOLITION 024119

DIVISION 31 – EARTHWORK

EARTHWORK 310000

FLEXIBLE PAVEMENT 321200

TURF & GRASSES 329200

EXHIBITS

A.1 – MATERIALS AND METHODS SPECIAL PROVISIONS

A.2 – GP-11 PERMIT DOCUMENTS

Division 00 – Procurement and Contracting Requirements Section 001113 – Bid Advertisement

Jackson Township 001113 – 1 Flanagan Road

Culvert Replacements Project

SECTION 001113 – ADVERTISEMENT AND INVITATION TO BID

Sealed proposals will be received electronically via the PennBid Program by Jackson Township, Lebanon County for the Flanagan Road Culvert Replacements Project until 10:00 a.m. prevailing time on Friday, July 17, 2026 at which time the bids will be opened, with the bid results posted on

PennBid shortly thereafter.

All bidding documents and specifications are available at no cost on PennBid:

https://pennbid.bonfirehub.com

Each proposal must be accompanied by a bank cashier's check or bid bond (in the required form) for ten percent (10%) of the bid total.

The project includes, but is not limited to, the demolition and removal of two separate existing 36”

CMP culvert pipes, the installation of new 48” SLCPP culvert pipes and associated precast concrete endwalls in place, minor grading as part of culvert installation, placement of riprap, restoration of the roadway, and all other associated work as more fully described in the Construction Drawings.

Prevailing wage rates and record-keeping procedures established by Pennsylvania Department of

Labor & Industry shall apply to the project.

A non-mandatory pre-bid conference will be held at 10:00 a.m. on Friday, July 10, 2026, at the

Jackson Township Municipal Building.

Jackson Township hereby reserves the right, which is understood and agreed to by all bidders, to reject any and all bids and to waive any omissions, errors, mistakes, defects or irregularities in any bid at its sole discretion.

Jackson Township

Thomas M. Houtz, Chairman, Board of Supervisors https://pennbid.bonfirehub.com/

Division 00 – Procurement and Contracting Requirements Section 001153 – Request for Qualifications

Jackson Township 001153 – 1 Flanagan Road

SECTION 001153 – REQUEST FOR QUALIFICATIONS

(Complete this Questionnaire in Accordance with the Instructions for Bidders)

1. Name of Bidder: ________________________________________________________________

2. Address of Main Office: _________________________________________________________

3. Form of organization (sole proprietorship, partnership, corporation, etc.):

4. Year organized: ______________

5. All affiliated or subsidiary organizations and companies:

a. _______________________________________________________________________

b. _______________________________________________________________________

c. _______________________________________________________________________

(Attach separate sheet if needed)

6. All organizations and individuals who have a financial interest of or a specified percentage in the company:

a. _______________________________________________________________________

b. _______________________________________________________________________

c. _______________________________________________________________________

(Attach separate sheet if needed)

7. Any other organization or individual who controls bidding or operation of the organization:

8. List other work the organization has performed for the Owner.

a. _______________________________________________________________________

b. _______________________________________________________________________

c. _______________________________________________________________________

d. _______________________________________________________________________

9. Percentage of Contract Bidder expects to perform using its own labor and equipment: _______%

Jackson Township 001153 – 2 Flanagan Road

10. List all projects awarded but which the organization failed to complete. Identify dates, name and address of owner, name and location of project and kind of work and the reasons the project was not completed: _________________________________________________________________

11. List all felony convictions, all bidding related offenses and all misdemeanor convictions involving moral turpitude of the organization, its affiliates, its owners holding more than 10% interest, its officers and its administrators, managers and superintendents that will be assigned to the project: ____________________________________________________________________

12. List any debarments, suspensions and denials of pre-qualification of the organization for any federal, state, local or governmental contracting: ______________________________________

13. List any proceedings of an administrative enforcement nature of whatever kind, including environmental, wage and hour, prevailing wage, employment discrimination or other kind of proceeding: ___________________________________________________________________

Jackson Township 001153 – 3 Flanagan Road

14. On separate sheets, please provide the following documentation:

a. List of major equipment either owned by organization or that will be leased by organization in completing the work of this Contract.

b. Financial statement for most recent fiscal year.

c. List of subcontractors Bidder proposes to use in completing the Work of this Contract.

d. List of current contracts held, and last five (5) contracts completed. Include name of owner, project name, location, and contract amount.

BIDDER’S VERIFICATION

I _______________________________ the undersigned, hereby state that I am authorized to make the statements set forth above and verify that said statements are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18-PA.C.S., Section 4904 relating to unsworn falsification to authorities.

Date Signature

Division 00 – Procurement and Contracting Requirements Section 002113 – Instructions to Bidders

Jackson Township 002113 – 1 Flanagan Road Culvert Replacements Project

SECTION 002113 – 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 Office—The office from which the Bidding Documents are to be issued, plan holders are to be registered (via Public Bidding Website), and where the bidding procedures are to be administered (Steckbeck Engineering & Surveying, Inc., 279 N.

Zinns Mill Road, Suite A, Lebanon, PA 17042).

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Public Bidding Website, as indicated in the Advertisement or invitation to bid. Complete sets of the Bidding Documents are available at no cost via PennBid. https://pennbid.bonfirehub.com. Owner requires that Bidder register as a plan holder and obtain a complete set of Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Public Bidding Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner via the Public Bidding Website.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Portable Document Format (PDF). It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are https://pennbid.bonfirehub.com/

Jackson Township 002113 – 2 Flanagan Road Culvert Replacements Project identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.04.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

C. After the Contract is awarded, the Owner may provide or direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats.

1. Electronic Documents that are available in native file format may include:

a. .pdf, .dwg, .docx, .xlsx

2. Release of such documents will be solely for the convenience of the Contractor.

No such document is a Contract Document.

3. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes.

4. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within 5 days after submitting its Bid, Bidder must submit the following information:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

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

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.02 Bidder is to submit the following information with its Bid to demonstrate Bidder’s

Jackson Township 002113 – 3 Flanagan Road Culvert Replacements Project qualifications to perform the Work:

A. Bid Bond Form (if used for required Bid security).

1. Any other form of approved Bid security must be delivered to the Owner’s address prior to the Bid opening and must be enclosed in an opaque envelope with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder.

B. Non-Collusion Affidavit.

C. Affidavit Re Accepting Provisions of the Workmen's Compensation Act.

D. Bidder’s Qualification Questionnaire, including required attachments.

E. Act 127 Public Works Employment Verification Form.

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

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

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

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at 10:00 on Friday, July 10, 2026 at the Jackson Township Municipal Building at 60 N. Ramona Road, Myerstown, PA 17067.

Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents.

Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 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.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing

Jackson Township 002113 – 4 Flanagan Road Culvert Replacements Project conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

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: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders.

Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. An opportunity for a Site visit will be available following the pre-bid conference if a pre-bid conference is scheduled. Directions to the Site will be available at the pre- Bid conference.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contacts prior to visiting the Site. Bidder must conduct the required Site visit during normal working hours.

Arrangements to visit the Site can be made by contacting Owner Monday through Friday between the hours of 8:00 AM – 3:30 PM.

Jackson Township 002113 – 5 Flanagan Road Culvert Replacements Project

Project Contacts:

Owner Engineer

Jackson Township 60 N. Ramona Road Myerstown, PA 17067 Mandy Fidler

(717) 866-4771 jacksontwp@comcast.net

Steckbeck Engineering & Surveying, Inc.

279 North Zinns Mill Road, Suite A Lebanon, PA 17042 Stephen A. Sherk, P.E.

(717) 272-7110, ext. 103

(717) 507-5113 Mobile ssherk@steckbeck.net

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

F. On request, and to the extent Owner has control over the Site, and as the schedule may allow, the Owner will provide Bidder general 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. Bidder is responsible for establishing access needed to reach specific selected test sites.

G. Bidder must 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.

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

5.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As per Paragraph 7.13.G of the General Conditions, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.05 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 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations mailto:jacksontwp@comcast.net

Jackson Township 002113 – 6 Flanagan Road Culvert Replacements Project regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. All questions shall be submitted to Engineer in writing via the Public Bidding Website (i.e. “Messages” feature in PennBid).

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

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 (determined by adding the base bid and all alternates) and in the form of a bank cashier’s check or a Bid bond (on the form provided with the Bidding Documents) issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Bid bonds will be issued in the form included in the Bidding Documents.

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, furnished the required Contract security, 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 and furnish the required Contract security 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, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond.

Such forfeiture will 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 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security

Jackson Township 002113 – 7 Flanagan Road Culvert Replacements Project 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 7 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 (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 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 Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 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 Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will 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 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 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 (5) 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.

11.03 If requested by Owner, such list must 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 Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, Jackson Township 002113 – 8 Flanagan Road Culvert Replacements Project before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.

11.04 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, 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 subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink.

Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must 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.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents from the Public Bidding Website (i.e. PennBid), then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must 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 official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

Jackson Township 002113 – 9 Flanagan Road Culvert Replacements Project

12.08 All names must be printed in ink below the signatures.

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

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

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Lump Sum

A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form.

ARTICLE 14—SUBMITTAL OF BID

14.01 Bids shall be submitted electronically via the Public Bidding Website (i.e. PennBid), which shall include completion of the electronic bid forms, and uploading of all required supporting documents. With each copy of the Bidding Documents, Bidders are furnished PDF copies of the Bid Form and the Bid Bond Form. The Bid Form must be completed and uploaded to the Public Bidding Website (i.e. PennBid). Also upload the following documents:

A. Bid Bond Form (if used for required Bid security).

1. Any other form of approved Bid security must be delivered to the Owner’s address prior to the Bid opening and must be enclosed in an opaque envelope with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder.

B. Non Collusion Affidavit.

C. Affidavit Re Accepting Provisions of the Workmen's Compensation Act.

D. Bidder’s Qualifications Questionnaire, including related attachments.

E. Act 127 Public Works Employment Verification Form.

14.02 Bids shall be submitted no later than the date and time prescribed in the advertisement or invitation to bid. Bids submitted by any other means will not be accepted.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 A Bid may be modified or withdrawn within the Public Bidding Website (i.e. PennBid) at any time prior to the due date and time listed in the invitation to bid.

Jackson Township 002113 – 10 Flanagan Road Culvert Replacements Project

15.02 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, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened in the Public Bidding Website (i.e. PennBid) as indicated in the advertisement or invitation to bid. The bid results will be posted as a public notice available to Bidders on the Public Bidding Website (i.e. PennBid) shortly after the opening and processing of bid results.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 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 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

18.02 Owner will reject the Bid of any Bidder that Owner 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 that Bidder.

18.03 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, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether 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. 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.

C. In the comparison of Bids, alternates will be selected and applied to the overall Bid

Jackson Township 002113 – 11 Flanagan Road Culvert Replacements Project price at the sole discretion of the Owner. To determine the Bid prices for purposes of comparison, the Owner will announce selection of alternates after opening the bids. For comparison purposes, alternates selected by the Owner will be added to the base Bid price. 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 or deductive alternate Bids for which Owner determines funds will be available at the time of award.

D. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder 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 Bidding Documents.

18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors, Suppliers, individuals, or entities.

ARTICLE 19—BONDS AND INSURANCE

19.01 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, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner.

Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and/or electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 22—PREVAILING WAGES

Jackson Township 002113 – 12 Flanagan Road Culvert Replacements Project

The project is subject to compliance with the Pennsylvania Prevailing Wage Act. If that Act or any portion thereof is finally determined by a court to be invalid and unenforceable, any savings realized by the Contractor as a result of such invalidation accrue to the benefit of the Owner. The prospective Bidder agrees, by submitting this Bid, to make payroll records available for audit by the Owner. In the event that the bidder fails to afford the Owner the benefit of any savings realized under this paragraph the Owner will have the right to withhold payments from the this or any other contract in an amount equal to the savings realized plus interest. A schedule of wage rates is enclosed. The Bidder must execute the enclosed Prevailing Wage Compliance Declaration.

Division 00 – Procurement and Contracting Requirements Section 004116 – Bid Form

Jackson Township 004116 – 1 Flanagan Road Culvert Replacements Project

SECTION 004116 – BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

Jackson Township 60 N. Ramona Road Myerstown, PA 17067

For the Following Project:

Flanagan Road Culvert Replacements Project

1.02 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.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security in the form of a bank cashier’s check, or bid bond;

B. Bidder Qualifications Questionnaire/Statement with supporting data;

C. Non Collusion Affidavit;

D. Affidavit Re Accepting Provisions of the Workmen's Compensation Act.

E. Act 127 Verification Form;

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Lump Sum Bids

A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s):

1. Lump Sum Price (Single Lump Sum)

Lump Sum Bid Price $

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

Jackson Township 004116 – 2 Flanagan Road Culvert Replacements Project

4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening date as provided by the Act of May 15, 1998 (P.L. 358, No. 57). Bidder will sign the Agreement and submit documents required by the Contract Documents within 15 days after the date of Owner’s Notice of Intent to Award.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda and other related data identified in the Bidding Documents.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, if any, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

Jackson Township 004116 – 3 Flanagan Road Culvert Replacements Project

6. Bidder has considered 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 Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding (Contract) Documents; and (c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for the performance of the Work at the stipulated price(s), within the Contract Times required, and in accordance with the other terms and conditions of the Bidding and Contract Documents.

8. 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.

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Bidding and Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 6.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

Jackson Township 004116 – 4 Flanagan Road Culvert Replacements Project

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

Jackson Township 004116 – 5 Flanagan Road Culvert Replacements Project

BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable)

Division 00 – Procurement and Contracting Requirements Section 004313 – Bid Bond

Jackson Township 004313 – 1 Flanagan Road

SECTION 004313 – BID BOND (PENAL SUM FORM)

Bidder Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Bid

Name: Jackson Township Project (name and location):

Address (principal place of business): Flanagan Road Culvert Replacements Project 220 Flanagan Road Myerstown, PA 17067

60 N. Ramona Road Myerstown, PA 17067

Bid Due Date: July 17, 2026

Bond No.:

Penal Sum: $

Date of Bond:

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

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

Division 00 – Procurement and Contracting Requirements Section 004313 – Bid Bond

Jackson Township 004313 – 2 Flanagan Road

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding…