INVITATION TO REBID #2026-04

FOR

ROAD BUILDING MATERIALS

SOUTH WHITEHALL TOWNSHIP

March 11, 2026 Due Date:

Thursday, March 26, 2026 Time: 10:00 A.M., Local Time

DONNA ZACKERU

PURCHASING AGENT

SOUTH WHITEHALL TOWNSHIP

4444 WALBERT AVENUE

ALLENTOWN, PA 18104–1699

PHONE: 610-398-0401 Ext. 210

NOTICE TO BIDDERS

South Whitehall Township is soliciting bids for the following:

REBID #2026-04: Road Building Materials Sealed online bids will be accepted via the PennBid Program until 10:00 a.m., local time, on March 26, 2026.

On March 26, 2026, at 10:00 a.m., South Whitehall Township will receive the sealed bids and open them online, with results being made public via PennBid. Online sealed bids shall be submitted by way of the PennBid Program. All documents and solicitation details are available online at no cost except at PennBid – https://pennbid.bonfirehub.com.

Bids must be accompanied by a certified check or bid security/bid bond, with a corporate surety authorized to do business in Pennsylvania in accordance with the project specifications in the amount of ten percent (10%) of the total bid amount. All Bids shall be effective for sixty (60) calendar days from the date of the Bid opening.

Any questions related to this bid solicitation should be submitted using the “ask question tab” feature within PennBid no later than five (5) days prior to the bid opening.

South Whitehall Township reserves the right to reject any and all bids, and to accept either in whole or in part, any one bid or combination of bids and to accept the bid which it determines in its best interests. The Township also reserves the right to waive or permit the curing of any informalities or irregularities in a bid as permitted by law.

Donna Zackeru-Lagonia Purchasing Agent

TABLE OF CONTENTS

Section 1:

Bidder Instructions 1.

Defined Terms

2.

Bid Forms 3.

Submission Date 4.

Opening of Bids 5.

Bid Security/Bid Bond 6.

Clarifications, Questions, and Waivers/Modifications 7.

Exceptions

8.

Bid Withdrawal 9.

Contract Award and Execution 10.

Qualifications 11.

Other Reservations 12.

Anti-Bid Rigging 13.

Incurring Costs Section 2:

General Terms and Conditions

1.

Bidder Investigation

2.

Tax Exempt

3.

Assignment

4.

Bonds

5.

Indemnification

6.

Liability Insurance

7.

Royalty & License Fees

8.

Marketing

9.

Guarantee

10.

Renewal & Extension Options

11.

Change Orders

12.

Invoices and Payments

13.

Failure to Provide Services or Products

14.

Price Adjustment of Bituminous Materials (Escalator Clause)

15.

Certificate of Compliance

16.

Liquidated Damages

17.

Condition of Product

18.

Compliance with Applicable Laws

19.

Permits and Licenses

20.

Business Privilege License

21.

Motor Vehicle Procurement Act

22.

Public Works Employment Verification Act

23.

Trade Practices Act

24.

Steel Products Act

25.

Pennsylvania Right-To-Know Act

26.

OSHA

27.

Used Oil Recycling Act Section 3:

Scope of Work & Specifications

FORMS ATTACHED:

1. Bid Proposal Form

2. Bid Bond Form

3. Bidder Qualification Form

4. Non-Collusion Affidavit

5. Public Works Employment Verification Form

6. Non-Discrimination Agreement Form

7. Submission Check List Form

SECTION 1: BIDDER INSTRUCTIONS

1. DEFINED TERMS.

1.1. “Invitation to Bid Package” includes the following:

(a) Notice to Bidders

(b) Bidder Instructions

(c) General Terms and Conditions

(d) Scope of Work & Specifications

(e) Bid Proposal Form

(f) Steel Products Act Exception Request Form

(g) Bid Bond Form

(h) Bidder Qualification Form

(i) Non-Collusion Affidavit

(j) Public Works Employment Verification Form

(k) Non-Discrimination Agreement Form

(l) Submission Checklist Form

1.2. “Bid Forms” shall mean the forms included in the Invitation to Bid Package to be completed by the Bidder.

1.3. "Bidder" means a person or company who responds to the Invitation to Bids.

1.4. “Township” shall mean the Township of South Whitehall, Lehigh County, Pennsylvania.

1.5. “Successful Bidder” shall mean the lowest, qualified, responsible, and responsive Bidder to whom the Township, on the basis of the Township’s evaluation as hereinafter provided, makes an award.

1.6. “Contractor” shall mean a Successful Bidder who is awarded the contract with the Township and timely submits the required performance bond and any other required items pursuant to the terms and conditions set forth herein.

1.7. “Contract” is the Contract included herein that is to be executed by the Successful Bidder upon notification by the Township of an award of contract.

2. BID FORMS.

2.1. All bids shall be made upon the Bid Forms provided with this Invitation to Bid Package. All blank spaces in the Bid Forms shall be clearly printed or typed in a legible manner. The Bid Forms must be signed in ink in all spaces in which signatures are required.

2.2. The Bid Forms shall be neither re-typed, nor scanned.

2.3. A Bidder may separate this Invitation to Bid Package to make copies thereof, but when submitted as a bid, it must be stapled with all pages in their numerical place.

2.4. Bidders must complete all Bidder Forms as listed on the Bidder Checklist Form and upload through the PennBid website as part of Bidders response.

3. SUBMISSION DATE. A complete Bid package must be submitted online via Pennbid – https://pennbid.bonfirehub.com on or before the 26th day of March, 2026 by 10:00 a.m. local time. Bids submitted beyond this date and time will not be considered.

4. OPENING OF BIDS. Bids will be opened on March 26, 2026, at 10:00 a.m. local time through the PennBid online site at https://pennbid.bonfirehub.com.

5. BID SECURITY/BID BOND.

5.1. Bids shall be accompanied by a Bid Bond, signed by a surety company with original signatures, authorized to do business in the Commonwealth of Pennsylvania, made payable to South Whitehall Township, in the amount of ten percent (10%) of the total bid total; or by a Certified Check, an Irrevocable Letter of Credit, or a Bank Check in the amount of the bid total. If one of the forms of security is not provided as required, the bid will be considered non-responsive and will be rejected.

5.2. The bid security must be uploaded to PennBid as part of a bid response. The Township reserves the right to request from the lowest responsible Bidder, or any Bidder, the original bid security. The Bidder will be given seven (7) calendar days of being contacted, to submit the bid security. The Township shall hold the original bid security until the Bidder has executed the Contract, furnished the required performance bond (if required), and met any other conditions in accordance with the bid specifications, whereupon the bid security will be returned.

5.3. In the event the Successful Bidder fails to execute and deliver the Contract, and/or fails to furnish the required bonds or other required documentation outlined within the bid specifications, within thirty (30) days of notice of award, or if for any reason it cannot fulfill the obligation, in part or in its entirety, under the terms of the Contract, the Township has the right to select another Bidder and the bid security of the first successful Bidder shall be forfeited as liquidated damages to South Whitehall Township along with the difference in cost between the first Successful Bidder’s price and the actual price paid to the Bidder who executes the Contract and furnishes a performance bond. The cost difference shall be paid by the default Bidder to the Township within thirty (30) days after written notice is given to the default Bidder.

6. CLARIFICATIONS, QUESTIONS, AND WAIVERS/MODIFICATIONS. MODIFICATION

6.1. Any requests for clarifications or modification concerning the requirements and conditions set forth in this Invitation to Bid must be made in writing and submitted to the Purchasing Agent, online via Pennbid, https://pennbid.bonfirehub.com and by using the “questions tab” supplied by Pennbid. Responses to such requests will be provided to ALL Bidders in addition to the Bidder making the request and will be posted on the Pennbid site. Such response shall not constitute an Addendum unless issued with the title “Addendum”. Any requests for clarification or modification by a Bidder must be submitted at least five (5) business days prior to the bid submission date. The Township may, but is not obligated to, provide a response to any request for clarification or modification by a Bidder that is not submitted at least five (5) business days prior to the bid submission date. Any request for clarification or modification submitted by the Bidder after the bid submission date will remain unanswered.

7. EXCEPTIONS.

7.1. Any exceptions to terms, conditions, or other requirements in any part of this Invitation to Bid must be clearly pointed out in the Bid Proposal Form. Otherwise, the Township will consider that all items offered are in strict compliance with this Invitation to Bid, and the Successful Bidder will be responsible for compliance.

7.2. The Township reserves the right to disqualify a bidder who takes exceptions to the terms, conditions, or other requirements. However, exceptions may be accepted by the Township if it finds that acceptance of such exceptions are in the best interests of the Township.

8. BID WITHDRAWAL.

8.1. At any time up to the hour and date set for opening of bids, a Bidder may withdraw its bid. Such withdrawal must be prompted by the bidder on the Pennbid website using the “withdraw button”.

8.2. After the scheduled time for opening the bids, no Bidder will be permitted to withdraw its bid, and each Bidder hereby agrees that its bid shall remain firm until accepted or rejected. A bid made and opened may be withdrawn with the written permission of the Township if, in the Township’s opinion, the bid is inconsistent with the best interest of the Township.

9. CONTRACT AWARD AND EXECUTION.

9.1. It is the desire of the Township to award a contract to a Successful Bidder within thirty (30) days from the date of opening the bids.

9.2. The Successful Bidder will receive written notice of the award of contract from the Township along with two copies of the Contract and related bond forms. The Successful Bidder shall deliver to the Township, both copies of the fully executed Contract, most recent W-9, and Bond form(s), along with insurance certificates, policies, and binders as may be required, and any other requested items within ten (10) days from the date of the award. Failure to furnish said documents to the Township within the time prescribed shall be considered a breach.

10. QUALIFICATIONS.

10.1. A Successful Bidder must possess the capability to fully perform the Contract requirements in all respects including possessing the necessary facilities, experience, organization, financial capacity, integrity, and reliability to fulfill the conditions of the Contract and its terms and specifications.

10.2. When applicable, Bidders must be PennDOT prequalified as specified in section 102.01 of Publication 408-20.

10.3. Any Bidders under suspension or debarment by the Commonwealth, any other state, or the Federal government, or those that have been suspended or debarred within the past three (3) years, are not eligible for an award of Contract. Bidders shall not contract with or employ any subcontractors, suppliers, or individuals that are currently under suspension or debarment by the Commonwealth or any other state.

10.4. Bidder shall provide, as part of its bid, the information requested in the Bidder Qualification Form which is included in the Invitation to Bid Package. Pursuant to the Bidder Qualification Form, Bidder shall provide at least four (4) references, including a contact person and telephone number for similar projects completed within the last three (3) years.

10.5. The Township reserves the right to contact any and all references provided by the Bidder, as well as any of the Bidder’s past or current clients or customers to obtain information on the Bidder’s past performance and experience. Such information may be used in a determination of the Bidder’s responsibility.

11. OTHER RESERVATIONS.

11.1. The Township reserves the right to reject any and all bids, and to accept either in whole or in part any one bid or combination of bids.

11.2. The Township reserves the right to reject the bid of any Bidder who has demonstrated poor performance during either a current or previous agreement with the Township.

11.3. The Township reserves the right to choose any Bidder which, in its judgment, is best suited for the intended purposes.

11.4. The Township reserves the right to reject a bid as nonresponsive if it is materially unbalanced as to price(s) for the base requirement, any unit price, and/or any options. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated. A bid may be rejected if the Township determines that lack of balance poses an unacceptable risk to the Township.

12. ANTI-BID RIGGING. The bids of any Bidders who engage in collusive bidding shall be rejected. Any Bidder who submits more than one bid in such manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a Collusive Bidder. The Township may reject the bids of any Collusive Bidder upon bid openings of future projects. Nothing in this section shall prevent a Bidder from superseding a bid by a subsequent bid delivered prior to bid opening which expressly revokes the previous bid.

13. INCURRING COSTS. The Township is not liable for any cost or expense incurred by Bidders or prospective Bidders in the preparation of their bids or for attendance at any conferences, meetings, or site visits related to this Invitation to Bid.

--- END OF BIDDER INSTRUCTIONS ---

SECTION 2: GENERAL TERMS AND CONDITIONS

1. BIDDER INVESTIGATION. It is each Bidder’s responsibility to read, review and fully understand and acquaint itself with any and all plans, specifications, and documents contained in this Invitation to Bid Package. If applicable, Bidder should examine the location and conditions of the work. Bidders shall have no claim against the Township based upon ignorance of the nature or requirements of the project or goods to be furnished. Once the award has been made, failure to have read all of the terms, conditions, and specifications in this Invitation to Bid Package shall not be cause to alter any term of the Contract or provide valid grounds for the Bidder to seek additional compensation.

2. TAX EXEMPT. As a political subdivision of the Commonwealth of Pennsylvania, the Township is exempt from Federal Excise Taxes and Pennsylvania Sales Taxes. Net prices as shown in the bid shall exclude such Federal and State Tax amounts.

3. ASSIGNMENT. The Contractor shall NOT assign, delegate, transfer, convey, sublet or otherwise dispose of said contract, or his right, title or interest in or to same, or any part thereof, without previous consent in writing from the Township, endorsed on or attached to the Contract. This provision does not apply to work performed by subcontractors so long as said subcontractors are listed on the Bidder Qualification Form.

4. BONDS.

4.1. Performance Bond. The Successful Bidder shall provide the Township with a Performance Bond of one-hundred percent (100%) of the Contract amount conditioned upon the faithful performance of the Contract in accordance with all the plans, specifications, terms and conditions of the Contract. Such bond shall be solely for the protection of the Township.

4.2. Labor and Material Payment Bond. ***NOT APPLICABLE*** A Labor and Material Payment Bond of one-hundred percent (100%) of the Contact amount as stated on the Bid Worksheet is required. Said Bond shall be furnished for the prompt, full and faithful payment to any Claimant, for all labor, materials or services used, or reasonably required for use, in the performance of the Contract. The term “Claimant” shall refer to any person, corporation, partnership, proprietorship or other entity that provides or furnishes labor, materials or services used or reasonably required for use in the performance of the Contract. The Township shall have the right to require the Contactor to furnish affidavits of payment, or other similar evidence of payment to Claimants.

4.3. Maintenance Bond. ***NOT APPLICABLE*** The Successful Bidder shall provide the Township with a Maintenance Bond. The Maintenance Bond shall cover a period of one year following completion of the project and shall be ten percent (10%) of the Contract amount.

4.4. Bonds shall be executed by one or more corporate surety companies legally authorized and registered to do business in Pennsylvania. Each surety shall have a rating from the A.M. Best Company of at least “A-, A, or A+” or equivalent. Attorneys-in-fact who sign Performance Bonds, Labor and Material Bonds, or Payment Bonds must file with each Bond an originally executed certified, notarized and effectively dated copy of their Power of Attorney. The forms included with this bid package must be used.

4.5. Bonds must be filed with the Township’s Purchasing Department within ten (10) days of the contract award notification.

4.6. Bidder agrees that all collection costs pertaining to any cost differential reimbursement for collection of damages, or for compelling performance by a Performance Bond surety, will be paid by the Contractor.

5. INDEMNIFICATION.

5.1. The Successful Bidder hereby agrees to exonerate, defend, indemnify and save harmless the Township and its respective governing Boards, committees and commissions (including the individual members thereof), their elected and appointed officers and officials, and their respective managers, representatives, advisors, insurers, Engineers, Solicitors, other professional consultants, appointees, employees, agents, independent contractors, and assigns (collectively, the “Township Representatives”), from any and all claims (including claims of negligence), actions, awards, verdicts and judgments, together with reasonable counsel and expert witness fees, pertaining to, relating to, resulting from, caused by, sustained in connection with, based upon or arising out of the Successful Bidder’s performance pursuant to the Contract.

6. LIABILITY INSURANCE. In furtherance of the covenant to indemnify, the Successful Bidder whom a Contract is awarded shall procure and maintain, for the duration of the Contract period and throughout the time of performing the Work as set forth in the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Contract by the Successful Bidder, his agents, representatives, employees or subcontractors, pursuant to the Contract or any subsequent contract. Insurance shall be of the type and meet or exceed the following requirements:

Workman’s Compensation Statutory Coverage

Commercial General Liability (General Aggregate)

$2,000,000

Commercial General Liability (Combined Single Limit/occurrence)

Damage to Rented Premise

$100,000

Medical Exp. (any one person)

$5,000

Bodily Injury

$1,000,000

Property Damage

Products

Automotive Liability (Combined Single Limit)

$1,000,000 Excess Indemnity (Umbrella Policy)

$2,000,000

Employer Liability

Pollution (if applicable)

Professional Liability

The Successful Bidder shall name the Township as an additional insured and within ten (10) days of execution of the Contract and furnish the Township with copies of insurance policies or binders evidencing its compliance with the requirement set forth above, which policies or binders shall provide for at least thirty (30) days prior written notice of cancellation or material change.

Pursuant to the First Class Township Code, 53 Pa. C.S.A. § 56806, the Contractor shall accept, in so far as the work covered the Contract is concerned, the provisions of the Workmen's Compensation Act of one thousand nine hundred and fifteen, and any supplements or amendments thereto, and the Contractor will insure his liability thereunder or file with the Township a certificate of exemption from insurance from the Bureau of Workmen's Compensation of the Department of Labor and Industry.

7. ROYALTY & LICENSE FEES. The Successful Bidder shall pay all royalties and license fees and defend all suits or claims for infringement of any copyright or patent rights and shall hold and save the Township and its officers, agents, servants and employees harmless from any and all loss and liability of any nature or kind whatsoever, including costs and expenses of defense, for or on account of any copyrighted, patented or unpatented invention, process, article or appliance manufactured or used in the performance of the contract, including its use by the bidder unless otherwise specifically stipulated in the contract documents.

8. MARKETING. No Bidders, including the Successful Bidder, shall use, in any form or medium, the name of the Township for promotional or marketing purposes without the Township’s prior written consent.

9. GUARANTEE

9.1. The Successful Bidder guarantees that all bid articles, including all components thereof, are of first quality throughout and comply in all respect, or are fully equal, to standards called for in this Invitation to Bid; that they are new and unused, and they include, as a minimum, all that is shown on the latest manufacturer’s literature.

9.2. All expenses pertaining to the return, repair, or replacement of defective and/or new components of the bid item(s) shall be borne by the contractor. The contractor shall correct any and all defects and shall not delay or withhold such action pending determination or decision from his manufacturer or supplier of such defective bid items or components, nor refer the Township or any of its Departments or Agencies to any other manufacturer, supplier or dealer for settlement of such defective item(s).

10. RENEWAL & EXTENSION OPTIONS.

10.1. The Township reserves the right to renew the Contract period for three (3) additional one (1) year terms, if the Contractor agrees to continue at the contracted price structure.

10.2. The Township reserves the right to extend the Contract or any part of the Contract to prevent a lapse in coverage and for up to three (3) months.

11. CHANGE ORDERS.

11.1. The Township without invalidating the Contract, may order changes in the work within the general scope of the Contract consisting of additions, deletions, or other revisions, provided the total amount added or eliminated does not exceed twenty-five percent (25%) of the estimated total Contract price. All such changes in the work shall be authorized by change order, and shall be executed under the applicable conditions of the Contract documents.

11.2. The cost or credit to the Township resulting from a change in the work shall be determined by unit prices stated in the Contract documents or subsequently agreed upon.

12. INVOICES AND PAYMENTS. All invoices shall be submitted directly to: Accounts Payable, South Whitehall Township, 4444 Walbert Avenue, Allentown, PA 18104-1699.

12.1. For direct delivery products, all invoices must be furnished on the same day of delivery and payment to Contractor will be made 30 days from receipt of the Contractor’s invoice.

12.2. For services provided to the Township, all invoices must be furnished within 30 days from the date the service was provided and payment to Contractor will be made within 30 days from receipt of the Contractor’s invoice.

12.3. The Contractor hereto agrees that any and all payments due from the Township, as required under the terms of this agreement, are contingent upon the availability of Appropriated Funds.

13. FAILURE TO PROVIDE SERVICES OR PRODUCTS. If in the Township’s opinion, Contractor fails to perform the services properly or satisfactorily, or provide the product(s) called for under this Contract, or otherwise fails or neglects to comply with the material terms of this Contract, the Township may make arrangements with other providers to obtain substitute services and/or product(s). The Township may, in addition to any other legal remedies available to Township, elect to terminate the Contract.

14. PRICE ADJUSTMENT OF BITUMINOUS MATERIALS (ESCALATOR CLAUSE This Contract does not contain an escalator clause for the Price Adjustment of Bituminous Materials for small quantities. A small quantity is a contract that uses or indicates for placement 100 tons or less of asphalt cement based on the actual mix designs or material specifications for the materials incorporated into the project. If the bituminous materials incorporated into this project exceed the 100-ton threshold then a bituminous price adjustment will be allowed as per PennDOT Specifications Form 408, Current Edition, Section 110.04 Price Adjustment of Bituminous Materials. If the bituminous material incorporates RAP or RAS in the mix design the 100-ton limit and the bituminous price adjustment will only be calculated on the virgin asphalt. The Base Bid Price Index (IB) will be calculated using the month in which the project is first advertised, and the work is in the applicable Zone. The Contractor will be responsible for completing a CS-1PA Price Adjustment of Bituminous Materials calculation form if applicable. The Contractor will provide this form with the invoices and the invoices will show the per ton or per SY price in the bid and the lump sum price increase or decrease supported with CS-1PA calculation form. The Contractor shall also supply the Township with a copy of the bituminous mix design for each material supplied with the initial CS-1PA form or if the bituminous mix design changes. Prior to the start of the work the Contractor shall provide the Township with the per ton or per SY calculation of the bituminous price adjustment.

15. CERTIFICATE OF COMPLIANCE. A CS-4171 Certificate of Compliance or another acceptable form that has been pre-approved by PennDOT will either accompany the shipment or will be supplied within one (1) working day to the Township. This CS-4171 will represent the day’s shipment for each type of material placed on the project or supplied to the Township from each source. A copy of the Certificate of Compliance shall also be accompanying all invoices to the Township.

16. LIQUIDATED DAMAGES.

16.1. If Contractor fails to deliver the products contemplated herein or to perform the services within the schedule or time as mutually agreed upon by Contractor and Township, in addition to any other remedies set forth in this Invitation to Bid Package, Contractor shall pay to the Township, as liquidated damages and not as a penalty, the following:

16.2. With respect to wait time, when paving material deliveries are delayed after the time(s) ordered by Township personnel, the Township shall be entitled to deduct, from any amounts which may be otherwise payable to the Contractor, as the Township’s damages from such delay, the actual costs of the Township’s forces, personnel, equipment (including rentals), and all other appropriate and relevant costs (including, but not limited to, “fringe benefits”, overhead, supervision, replacement costs, etc.) for all unproductive waiting time which results from any such delays in delivery. Provided that such damages may be deducted only if the Township’s personnel have provided at least 24 hours advance notice by telephone to the Contractor’s dispatcher of the Township’s requested time for delivery of the materials and which has been accepted and agreed to by the Contractor’s dispatcher. For purposes of this section, time after 3:30 p.m. on any day until 7:00 a.m. on the next regular business day shall not be counted against the Contractor. The Contractor shall be entitled to a “grace period” of 15 minutes after the requested delivery time for each such delivery, before the Township may assess and deduct such damages for delay. The Township shall not assess and deduct such damages for delay which are verifiably caused by circumstances beyond the Contractor’s reasonable control or operations, such as acts of God, equipment failures, traffic accidents or interference involving other parties, weather, etc.

17. CONDITION OF PRODUCT. If applicable, only products received in good condition will be accepted.

18. COMPLIANCE WITH APPLICABLE LAWS: The Successful Bidder shall comply with applicable Federal, State, and local laws, rules, and ordinances including all building, fire, safety and electric codes and all relevant industry standards whether or not specifically mentioned herein.

19. PERMITS AND LICENSES. The Successful Bidder shall obtain all required permits, rights of way, and licenses associated with performance of the Contract.

20. BUSINESS PRIVILEGE LICENSE. Successful Bidder is required to obtain a Business Privilege License prior to performing work. Applications for a Business Privilege License can be obtained from the Township’s BPT Administrator.

21. MOTOR VEHICLE PROCUREMENT ACT. In accordance with the provisions of the Motor Vehicle Procurement Act of 1984, all bids for the purchase, lease, or rental of a passenger car or truck, (as defined under 75 Pa.C.S. § 1025), must be accompanied by the manufacturer's written certification that the motor vehicle was manufactured in North America. A motor vehicle is manufactured in North America if a substantial majority of the principal components are assembled into the final product in an assembly plan in North America. The Township is prohibited from purchasing motor vehicles which do not meet this requirement.

22. PUBLIC WORKS EMPLOYMENT VERIFICATION ACT. The Successful Bidder shall comply with the provisions of the Public Works Employment Verification Act, enacted Act 127 of 2012, 43 P.S. § 167 et. seq., as amended, which requires all public works contractors and subcontractors to utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work projects in excess of twenty-five thousand dollars ($25,000) are authorized to work in the United States. As a precondition to being awarded a contract, the Successful Bidder shall provide the Township with a completed Public Works Employment Verification Form. A copy of the Form is included with this Invitation to Bid Package.

23. TRADE PRACTICES ACT. In accordance with the Trade Practices Act of July 23, 1968, P.L. 686 (71 P.S. §773.101 et. seq.), the Successful Bidder cannot and shall not use or permit to be used in the work any aluminum or steel products made in a foreign country which is listed below as a foreign country which discriminates against aluminum or steel products manufactured in Pennsylvania. The countries of Brazil, South Korea, Spain, and Argentina have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries products, as listed below, is not permitted.

24. STEEL PRODUCTS ACT. For bids concerning the construction, reconstruction, alteration, repair, improvement or maintenance of public works, the Pennsylvania Steel Products Procurement Act, Act No. 3 of 1978, P.L. 6, 73 P.S. §1881 et seq., requires that if any steel or steel products are to be used or supplied in the performance of such contracts, only those produced in the United States as defined in the Pennsylvania Steel Products Procurement Act shall be used or supplied in the performance of the contracts. The Act defines “steel products” as:

products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process and shall include cast iron products and shall include machinery and equipment listed in United States Department of Commerce Standard Industrial Classification 25 (furniture and fixture), 35 (machinery, except electrical) and 37 (transportation equipment) and made of, fabricated from, or containing steel components. If a product contains both foreign and United States steel, such product shall be determined to be a United States steel product only if at least 75% of the cost of the articles, materials and supplies have been mined, produced or manufactured, as the case may be, in the United States. Transportation equipment shall be determined to be a United States steel product if it complies with section 165 of Public Law 97-424 (96 Stat. 2136).

This provision shall not apply where (1) the Township, in writing, determines that steel products as herein defined are not produced in the United States in sufficient quantities to meet the requirements of the contract; or (2) to items on a list of exempt machinery and equipment steel products, which have been identified by the Department of General Services as not produced in the United States in sufficient quantities in the previous calendar year, and published on the department's publicly accessible Internet website, which contractors, subcontractors, suppliers, bidders, offerors and public agencies can rely upon in preparing bids and contracts. If Bidder believes an exception from the Act exists, the Steel Products Act Exemption Request Form must be completed and submitted with its Bid.

25. PENNSYLVANIA RIGHT-TO-KNOW LAW. Effective January 1, 2009, all responses to this Invitation to Bid are subject to the Pennsylvania Right-to-Know Law, 65 P.S. §67.101 et seq., (Act 3 of 2008). The Right-to-Know Law permits any requestor to inspect and/or copy any record prepared and maintained or received in the course of the operation of a public office or agency that is not subject to the enumerated exceptions under the law. If a bidder’s response to the Invitation to Bid contains a trade secret or confidential proprietary information, the bidder should include with their response a separate signed written statement to that effect. Should the response become the subject of a Pennsylvania Right-to-Know Law request, the bidder will be notified by the Township to identify all trade secrets or confidential and proprietary information that is included in your response. The Township will then determine whether the claimed trade secret or confidential and proprietary information is subject to disclosure.

26. OSHA. All goods or equipment shall comply with all Federal, State and local laws relative thereto including all safety related items as required by the Federal Occupational Safety and Health Act (OSHA). The Successful Bidder shall defend actions or claims brought and hold harmless the Township from loss, cost or damage by reason of actual or alleged violations of Federal, State or local laws in the design or manufacturing of equipment and/or materials.

27. USED OIL RECYCLING ACT. As provided for in the act of April 9, 1982 (P.L. 314, No. 89), known as the Pennsylvania Used Oil Recycling Act, the Township encourages and, to the extent possible, requires the procurement and purchase of recycled oil products as substantially equivalent to products made from new oil.

--- END OF GENERAL TERMS AND CONDITIONS ---

SECTION 3: SCOPE OF WORK & SPECIFICATIONS

1. SCOPE OF WORK AND SPECIFICATIONS

SCOPE OF WORK.

1.1. Furnish ROAD BUILDING MATERIALS for the Township of South Whitehall on an “as needed basis”.

1.2. This bid will result in a unit price contract.

PRICING. All prices quoted shall be “F.O.B. Quarry or Asphalt Plant” with delivery charges listed separately as noted on the Bid Worksheet as cost per ton of material.

--- END OF SCOPE OF WORK & SPECIFICATIONS ---

BID PROPOSAL FORM

REBID #2026-04

ROAD BUILDING MATERIALS

BIDDER:

(BIDDER)

having an address of

(BIDDER’S ADDRESS)

hereby proposes to perform the work and/or provide the goods as required pursuant to the Invitation to Bid in accordance with all terms, conditions, and specifications contained therein.

The Bidder, which is organized and existing under the laws of the State of _________________________, having its principal offices in _______________________________________________________, is:

a Corporation a Partnership an Individual Other (describe):_____________________________.

BIDDER’S REPRESENTATION: The Bidder declares that it has read, reviewed, and fully understands with all of the terms, conditions, plans, specifications, requirements, locations, and conditions contained in and associated with this Invitation to Bid Package and that it has satisfied itself relative to the work to be performed and/or the goods to be provided.

BASE BID: For work to be completed, as specified, the Bidder proposes to be compensated in the amount of: $___________________ /_____________________________________________ Dollars

(total in numerical format)

(total in text format)

If applicable complete:

QTY.

FOB PLANT

ESTIMATED ANNUAL TOTAL

QTY.

ESTIMATED ANNUAL FOB PLANT TOTAL

COST PER TON

AGGREGATES

COST PER TON

Delivery of material to Job Site (within Township Boundaries) quoted as Price/Ton.

EXCEPTIONS: The Township reserves the right to disqualify a bidder who takes exceptions to any terms, conditions, or other requirements. However, exceptions may be accepted by the Township if it finds that acceptance of such exceptions are in the best interests of the Township. Please list any Bidder exceptions:

Para. #________ Explanation:_________________________________________________

Para. #________ Explanation:_________________________________________________

Para. #________ Explanation:_________________________________________________

BID SECURITY/SURETY: A Bank Cashier’s Check or Bid Bond in the amount of ________________________________ Dollars ($_____________________) is included with this Bid as required security, this being an amount equivalent to at least ten percent (10%) of the estimated total annual bid amount.

CERTIFICATIONS: The undersigned certifies that he or she is authorized to execute contracts on behalf of the Bidder as legally named, that this proposal is submitted in good faith without fraud or collusion, that the information indicated in this document is true and complete, and that the bid is made in full accord with State law. Notice of acceptance may be sent to the undersigned at the address set forth below.

Name:

Date Title:

*If Bidder is a corporation, limited liability company, limited partnership, or general partnership, it must also be dated and signed by the company’s Secretary, Assistant Secretary, Treasurer, or Assistant Treasurer.

BID BOND FORM

REBID # 2026-04

ROAD BUILDING MATERIALS

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS,________________________________________ (“Bidder”), is submitting herewith to South Whitehall Township, Lehigh County, Pennsylvania (hereinafter called the “Obligee”) a bid, in accordance with the terms, conditions, plans, and specifications contained in the Invitation to Bid Package for Bid#___________________________, for _____________________________________________.

NOW THEREFORE, we, the Bidder and ___________________________________________________ (“Surety”) being authorized to transact a general surety business in the Commonwealth of Pennsylvania, are held and firmly bound unto the Obligee in the sum of $____________ , lawful money of the United States of American, which represents Ten Percent (10%) of the total bid, for the payment of which sum, well and truly to be made, the Bidder and Surety hereby bind jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns.

THE CONDITION OF THIS OBLIGATION IS SUCH the Bidder shall not withdraw its bid prior to the expiration of the award period after the opening of the bids; and shall comply with all requirements set forth in the Invitation to Bid Package and if Obligee accepts Bidder’s bid, and Bidder, within such time as may be specified, enter into the Contract in writing, and give bond, with Surety acceptable to the Obligee, covering the faithful performance of the said contract and payment of claims for labor, material, and equipment rental, all of which shall be supplied on the forms as specified by said Obligee this obligation shall be void. However, if the Bidder shall fail to fulfill any of its obligations noted above or set forth in the Invitation to Bid Package, Bidder shall pay Obligee the following amounts: 1) the amount of this bond as herein above set forth, and 2) the difference between the amount specified in the Bidder’s bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be void; otherwise to remain in full force and effect.

Contractor:

Witness (or Attest if a corporation)

Surety:

(Surety Seal)

BIDDER QUALIFICATION FORM

REBID #2026-04

ROAD BUILDING MATERIALS

1. Bidder (Legal Name of Business): ________________________________________________________

2. Type of Business: a Corporation a Partnership an Individual Other (describe):____________

3. Federal ID No.: ________________________

4. Business Address: ________________________ City: _____________ State: ___ Zip: _______ Phone Number: ________________ Fax Number: _______________ Email:____________________

5. President (or Managing Partner, etc.): ______________________________________________

6. Years in Business: ____________

7. List all other names under which your business has operated in the last 10 years:

9. Previous contract with South Whitehall Township? _______. If yes, describe:_______________________

10. List three recent contracts you were awarded that are similar to this Bid. The Township may contact any or all of the parties listed concerning your performance:

1. Name & Address:

Telephone Number:___________________ Contact Person:

Description of work:__________________________________________________ Dollar Amt:

2. Name & Address:

3. Name & Address:

12. If you intend to sublet any portion of the work provide the name and address of each subcontractor and the work to be performed by each. Until the proposed project is complete you are under a continuing obligation to immediately notify South Whitehall Township, in writing, if you intend to use a subcontractor not listed below:

Subcontractor Name & Address: ___________________________________________________________

Work to be performed: ___________________________________________________________________

Subcontractor Name & Address: ___________________________________________________________

Work to be performed: ___________________________________________________________________ Subcontractor Name & Address: ___________________________________________________________

Work to be performed: ___________________________________________________________________ Subcontractor Name & Address: ___________________________________________________________

Work to be performed: ___________________________________________________________________ The undersigned Bidder certifies that the above information herein is true, correct, complete and accurate.

NON-COLLUSION AFFIDAVIT

REBID #2026-04

ROAD BUILDING MATERIALS

State of ________________________: County of ______________________: s.s.

I state that I am the _________________ (Title) of _____________________________ (Name of Company) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the prices(s) and the amount of this proposal. Further, I state as follows:

1. The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, proposer or potential proposer.

2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before the proposal submission date.

3. No attempt has been made or will be made to induce any firm or person to refrain from proposing on this Contract, or to bid a proposal higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

5. _____________________________ (Name of Company) its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing and/or bidding on any public contract, except as follows: ___________________________________________________________ I state that _________________________ (Name of Company) understands and acknowledges that the above representations are material and important, and will be relied upon by the South Whitehall Township in awarding the Contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the South Whitehall Township of the true facts relating to the submission of this bid.

SWORN TO AND SUBSCRIBED

BEFORE ME ON THIS

DAY OF ________________, 20

Notary Public

My Commission Expires

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

REBID #2026-04

ROAD BUILDING MATERIALS

Date _________________

Business Name

Address

City

State Zip Code

Contracting Public Body

Contract/Project No

Project Description

Project Location

As a contractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act (“the Act”) through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, _____________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

NON-DISCRIMINATION AGREEMENT FORM

REBID #2026-04

ROAD BUILDING MATERIALS

During the term of the Contract, Contractor agrees as follows:

Contractor shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age, or sex. Contractor shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age, or sex. Such affirmative action shall include, but is not limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

Contractor shall in advertisements or requests for employment placed by it or on its behalf state all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, or sex.

Contractor shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Contractor.

It shall be no defense to a finding of a noncompliance with Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this nondiscrimination clause that Contractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

Where the practices of a union or any training program or other…