Londonderry Township Bid D-1187.4-24

TITLE PAGE Section 000101-1

LONDONDERRY TOWNSHIP

Dauphin & Lancaster County

PROJECT SPECIFICATIONS

(“Project Manual”)

FOR

CONEWAGO CREEK PHASE IV

FLOODPLAIN RESTORATION

BID No. D-131.21-25

OWNER

783 South Geyers Church Road Middletown, PA 17057

717-944-1803

ENGINEER

LandStudies (LS) 315 North Street Lititz, PA 17543

717-627-4440

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Conewago Creek Phase IV Floodplain Restoration

PROCUREMENT AND CONTRACTING REQUIREMENTS

000101 Title Page 000110 Table of Contents

Bidding Requirements

001113 Advertisement 001116 Invitation to Bid 002113 Instructions to Bidders

Available Project Information

003113 Project Milestones 003146 Permits

Bid Documents 004100 Bid Form

004100.01 Bid Schedule and Descriptions

004313 Bid Bond 004519 Non-Collusion Affidavit

Contract Documents 005100 Notice of Intent to Award

005200 Form of Agreement 005500 Notice to Proceed 006113 Performance and Payment Bonds 006201 Public Works Employment Verification Form 006216 Certificate of Insurance

006516.01 Certificate of Substantial Completion

006519.01 Certificate of Final Completion

Contract and Supplementary Conditions 007200 General Conditions 007300 Supplementary Conditions 007336 Equal Employment Opportunity Requirements 007343 Wage Rate Requirements 007346 Wage Determination Schedule

DIVISION 1 - GENERAL REQUIREMENTS

011100 Summary of Work 012200 Unit Prices 012600 Modification Procedures 012900 Applications for Payment 013100 Project Coordination and Meetings 013200 Construction Progress Documentation 013300 Submittal Procedures 014000 Quality Requirements 014219 Reference Standards 015000 Temporary Facilities and Controls

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016600 Materials and Equipment Handling 017700 Project Closeout 017836 Warranties

Technical Specifications

DIVISION 2 – EXISTING CONDITIONS

022113 Construction Surveying 024113 Selective Site Demolition

DIVISION 31 – EARTHWORK

310820 Flow Diversion

311000 Site Clearing 312000 Earthwork

312002 Log Sill 312003 Plunge Pool 312005 Rock Underlayment 312008 Woody Debris 312500 Erosion and Sediment Controls 312501 Compost Filter Sock 312503 Pumped Water Filter Bag 312504 Rock Construction Entrance 312505 Erosion Control Blanket 312506 Straw Mulch 312507 Rock Filter 312508 Filter Bag Inlet Protection

DIVISION 32 – SITE IMPROVEMENTS

329100 Planting Preparation 329200 Grasses and Meadows

329300 Plants

ATTACHMENTS

Operation and Maintenance Plan Conewago Creek Phave IV Floodplain Restoration, July 18, 2025

Bidding Requirements

Conewago Creek Phase IV Floodplain Restoration

SECTION 001113

ADVERTISEMENT

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DOCUMENT 001113 - ADVERTISEMENT

Sealed Bids for the Conewago Creek Phase IV Floodplain Restoration will be received on PennBid (www.PennBid.net) only until 12:00 pm, prevailing time, Monday, February 23, 2026. Bids will be deemed opened following the due time and the bid results will be available for viewing at the PennBid website. Bids received after Bid opening will not be accepted.

Drawings, Specifications and other documents constituting the Bidding and Contract Documents are online, without charge, at www.PennBid.net. Reproduction of the Bidding and Contract Documents, or their placement on web sites other than PennBid, is not permitted. All questions must be submitted through PennBid.

Bids shall be accompanied by Bid Security in the form of a certified check, cash, bank cashier's check, treasurer's check or Bid Bond in the form provided in the Bidding Documents, with corporate surety satisfactory to the Owner, in an amount not less than 10% of the Base Bid, naming as Obligee, Londonderry Township. Bid security shall be forfeited as liquidated damages should the bidder default in execution of the contract within 180 days after award of same. Bids may not be withdrawn within 60 days after bid opening.

The Owner shall award the contract to the lowest responsible and responsive bidder or reject all bids within sixty (60) days from the date of the bid opening and all bids shall remain open for such time;

provided, however, if the award is delayed by the required approval of another governmental agency, the sale of bonds, easement acquisition or the award of a grant, the Owner shall reject all bids or award the contract to the lowest responsible and responsive bidder within one-hundred twenty (120) days from the date of the bid opening.

Notice is hereby given to bidders that this project is subject to the provisions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442, P.L. 987) as amended.

A Mandatory Pre-Bid Meeting will be held at the Londonderry Township building (parking at 783 South Geyers Church Road, Middletown, PA 17057), on Monday, February 9, 2026 at 12:30 pm. Site access will be provided following the initial meeting at the Township building, should weather and conditions allow. Parking details for site access will be communicated during the initial meeting. All prospective bidders are required to attend this meeting.

Londonderry Township hereby reserves the right, which is understood and agreed to by all Bidders, to reject any or all Bids and to waive any omissions, errors, or irregularities in any Bid.

LONDONDERRY TOWNSHIP

DAVID BLECHERTAS

END OF DOCUMENT 001113

http://www.pennbid.net/

SECTION 001116 –

INVITATION TO BID

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SECTION 000116 – INVITATION TO BID

PROJECT: Conewago Creek Phase IV Floodplain Restoration

OWNER: Londonderry Township 783 South Geyers Church Road Middletown, PA 17057

ENGINEER: LandStudies 315 North Street Lititz, PA 17543

Sealed Bids for the Conewago Creek Phase IV Floodplain Restoration will be received on PennBid (www.PennBid.net) only until 12:00 pm, prevailing time, Monday, February 23, 2026. Bids will be deemed opened following the due time and the bid results will be available for viewing at the PennBid website. Bids received after Bid opening will not be accepted.

The Owner shall award the contract to the lowest responsible and responsive bidder or reject all bids within sixty (60) days from the date of the bid opening; provided, however, if the award is delayed by the required approval of another governmental agency, the sale of bonds, easement acquisition or the award of a grant, the Owner shall reject all bids or award the contract to the lowest responsible and responsive bidder within one-hundred twenty (120) days from the date of the bid opening.

Bidding and Contract Documents are online, without charge, at www.PennBid.net. Reproduction of the Bidding and Contract Documents, or their placement on web sites other than PennBid, is not permitted.

A Mandatory Pre-Bid Meeting will be held at the Londonderry Township building (parking at 783 South Geyers Church Road, Middletown, PA 17057), on Monday, February 9, 2026 at 12:30 pm. Site access will be provided following the initial meeting at the Township building, should weather and conditions allow. Parking details for site access will be communicated during the initial meeting. All prospective bidders are required to attend this meeting.

Questions will be accepted until 12:00 pm, prevailing time, on Thursday, February 19, 2026. Questions shall be submitted through PennBid (www.PennBid.net) and will not be accepted in any other manner.

Bids may be modified or withdrawn at any time prior to the opening of Bids.

Notice is hereby given to bidders that this project is subject to the provisions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442, P.L. 987) as amended.

Bids shall be accompanied by Bid Security in the form of a certified check, cash, bank cashier's check, treasurer's check or Bid Bond in the form provided in the Bidding Documents, with corporate surety satisfactory to the Owner, in an amount not less than 10% of the Base Bid, naming as Obligee, Londonderry Township. Bid Security shall be forfeited in liquidated damages should the bidder default in execution of the contract within 180 days after award of same. Bids may not be withdrawn within 60 days after bid opening. Owner reserves the right to reject any or all Bids and to waive any omissions, errors, or irregularities in any Bid.

SECTION 001116 –

INVITATION TO BID

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After the Bid opening, Bids may be withdrawn only by complying with Commonwealth of Pennsylvania laws and regulations. A summary of such laws and regulations is given in the Instructions to Bidders.

Bidders, subcontractors, their workers and any persons providing labor and products to the Project shall be persons lawfully permitted to work in the United States and the Commonwealth of Pennsylvania.

As a precondition of being awarded a Contract, Successful Bidder, and its subcontractor(s) are required, to provide confirmation of compliance with Act 127 of 2012, the “Public Works Employment Verification Act”.

In accordance with the Pennsylvania Antibid-Rigging Act, 73 P.S. Section 1611 et seq., a Non-Collusion Affidavit must be submitted.

Effective January 1, 2009, all responses to this procurement opportunity 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 your response to the Bid opportunity contains a trade secret or confidential proprietary information, you must include with your response a separate signed written statement to that effect. Should your response become the subject of a Pennsylvania Right-to-Know Law request, you will be notified by the Owner to identify all trade secrets or confidential and proprietary information. The agency will then determine whether the claimed trade secret or confidential and proprietary information is subject to disclosure.

Owner hereby reserves the right, which is understood and agreed to by all Bidders, to reject any or all Bids and to waive any omissions, errors, or irregularities in any Bid.

END OF SECTION 000116

SECTION 002113 -

INSTRUCTIONS TO

BIDDERS

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DOCUMENT 002113 - INSTRUCTIONS TO BIDDERS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. General provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 BIDDER’S RESPONSIBILITY

A. Each bidder shall familiarize himself, and will be held responsible to examine, and to fully comply with all the Contract Documents, as defined in the form of Agreement set forth hereinafter.

B. Before submitting proposal, bidder shall carefully examine the specifications and satisfy himself as to conditions relating to providing the materials, delivery and necessary labor that he will be obliged to provide. Bidder will promptly notify Owner of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between Bidding and Contract Documents.

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

1.3 DEFINED TERMS

A. Terms used in these Instructions to Bidders have meanings indicated below, which are applicable to both the singular and plural thereof.

1. Successful Bidder – The lowest responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

2. Engineer – LandStudies (LS)

3. Owner – Londonderry Township

4. Work – The task or tasks to be undertaken involving specified materials, methods, and related considerations.

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1.4 COPIES OF BIDDING AND CONTRACT DOCUMENTS

A. Complete sets of the Bidding and Contract Documents may be obtained at no cost via the PennBid Program (www.PennBid.net). Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor the Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, or Bidding Documents acquired from sources other than the Owner. Copies of Bidding and Contract Documents are made available on the above terms only for the purpose of obtaining Bids on the Work and not to confer a license or grant for any other use.

1.5 QUALIFICATION OF BIDDERS

A. Written evidence establishing 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. The Bid of out-of-State Bidders and their Sub-bidder(s), if any, shall contain evidence of qualification to do business in the Commonwealth of Pennsylvania or covenant to obtain such qualification prior to and as a condition of award of a Contract.

C. It is a requirement of this Contract that successful Bidder provides confirmation of compliance with Act 127 of 2012, by submitting a “Public Works Employment Verification Form” as a pre-condition to being awarded a contract for this Project.

D. Subcontractor and Supplier qualification information.

E. Record of applicable experience. Contractor must demonstrate that they have completed a minimum of 2 projects involving similar stream restoration, legacy sediment removal or floodplain reconnection projects within the past 5 years. In order to qualify as a "similar project", the work must include significant stream reconstruction activities and not just riparian buffer establishment. If this component of the work will be performed by a subcontractor, the subcontractor's experience may be included to satisfy this experience requirement.

F. Submission of financial information is not required with the Bid, but the Owner reserves the right to request such information as part of the Bid evaluation process. Financial information shall be submitted to Owner no later than three (3) business days following the Bid Opening date.

Documents shall be contained within a sealed envelope marked “FINANCIAL INFORMATION CONFIDENTIAL.” Financial Information of all Bidders will be returned after selection of the apparent low bidder is made.

G. Failure, or refusal, to submit documentation required by the Invitation to Bid and the Bid Form will be reason for rejection of the Bid. Following are additional reasons for rejection of the Bid:

1. Failure to submit the Bid and other Bidding Documents, on the forms included or required in the Project Specifications.

2. Failure to sign the Bid Form or any of the required affidavits and other documents attached to it.

3. Failure to furnish the required Bid Security.

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4. Failure to include a unit/lump sum price for each item on the Bid Form, including alternates.

5. The inclusion by Bidder of conditions or qualifications not provided for in the Bidding Requirements and Bidding Documents.

6. Submission of incomplete Bid Form or other required documents.

7. If the Bid Form contains any omissions, erasures, alterations, additions not called for, or irregularities of any other kind.

8. If any bid prices are obviously unbalanced.

1.6 EXAMINATION OF SITE CONDITIONS AND DOCUMENTS

A. Bidder shall visit the site and become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work; and to consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. Submission of a proposal will be deemed a warranty that such examination has been made; and later claims for labor, equipment, or materials required, or for difficulties encountered, which could have been foreseen had such an examination been made, will not be recognized.

B. Access to the project site for viewing site conditions will be provided on February 9, 2026, as part of the mandatory pre-bid meeting. Access to the project site is otherwise prohibited during the bid phase of the project.

C. The Bidder, on its own accord, may obtain such additional or supplementary examinations, investigations, explorations, tests studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. Bidder shall be responsible for restoration of areas disturbed due to supplementary examinations, investigations, explorations, and tests concerning existing aboveground and underground conditions at, or contiguous to the Site.

D. Information and data shown or indicated in the Contract Documents with respect to existing underground facilities at or contiguous to the site is based upon information and data furnished to Owner and its representatives by owners of such Underground Facilities and its representatives.

Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

E. The submission of a Bid shall constitute conclusive evidence of compliance by such Bidder with above responsibility, and any claims relating to the established Contract price, at any future time, for labor, equipment or materials required or for difficulties encountered which would or could have been foreseen had the Bidder so complied with its responsibility to ascertain all conditions, and review all Bidding Documents, will not be recognized by the Owner. By submission of a Bid, the Contractor acknowledges that the Contract Documents are full and complete and sufficient to have enabled the Contractor to accurately and fully determine the cost of the Work and that the Bidding Documents are sufficient to enable the Contractor to construct the Work indicated therein in accordance with applicable laws, statutes, ordinances, codes, building codes, and regulations

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002113 - 4 of any federal, state, local, or any other governmental authority having jurisdiction and otherwise fulfill all obligations under the Contract Documents.

F. The Bidder is aware and has been advised that the Contractor is solely responsible for initiating, maintaining and supervising all safety precautions and programs required under its portion of the Work and their Subcontractors and Sub-subcontractors Work and that the Contractor shall review, evaluate and take into consideration these requirements when making its Bid.

G. The Bidder has carefully examined all Drawings, Specifications and all other Bidding Documents and Contract Documents for the entire Project, including all Drawings and Specifications for other portions of the of the Project (if any) being bid concurrently or presently under construction and that they are suitable and sufficient to enable the Contractor to complete the Work in a timely manner for the Contract Sum they propose and that they include all Work, whether or not shown or described, which may be reasonably inferred to be required for the completion of the Work in full compliance with all applicable standards, codes, laws, ordinances, regulations, and/or requirements of any authority having jurisdiction over the Project or portion thereof. The Bidder further acknowledges that it will coordinate its Work with that of the other Contractors and/or Subcontractors on the Project, including, without limitation, any Contractors and/or Subcontractors performing Work being bid concurrently with this Project or presently under construction and the Bidder has taken such obligation into account in submitting its Bid. No allowance or concession will be made to the Contractor who claims lack of knowledge or information necessary to complete the Work or ignorance of Contract requirements or Project site conditions.

H. The Bidder has ascertained all requirements, conditions to be encountered, and character, quality, quantities of Work, and materials needed to fully complete all Work and that they have familiarized themselves with all existing conditions including, without limitation, all applicable laws, permits, codes, ordinances, rules, and regulations that will affect the Work. The Bidder has taken all steps necessary to satisfy itself as to the conditions of the Project and to include in its Bid sufficient allocations for unknown or unidentified conditions.

I. The Bid is made in compliance with the Bidding Documents.

J. The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception.

K. The Bidder is aware and has been advised that the Contractor is solely responsible for initiating, maintaining and supervising all safety precautions and programs required under its portion of the Work and their Subcontractors and Sub-subcontractors Work and that the Contractor shall review, evaluate and take into consideration these requirements when making its Bid.

L. By submission of a Bid, the Contractor acknowledges that the Contract Documents are full and complete and sufficient to have enabled the Contractor to accurately and fully determine the cost of the Work and that the Bidding Documents are sufficient to enable the Contractor to construct the Work indicated therein in accordance with applicable laws, statutes, ordinances, codes, building codes, and regulations of any federal, state, local, or any other governmental authority having jurisdiction and otherwise fulfill all obligations under the Contract Documents.

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1.7 AVAILABILITY OF LANDS FOR WORK

A. The lands upon which the Work is to be performed, rights-of-way and easements for temporary or permanent access, and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access required for temporary construction facilities, or storage of construction equipment and of Products to be incorporated in the Work shall be obtained and paid for by Contractor.

1.8 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

A. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other Work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Engineer errors, inconsistencies or ambiguities discovered.

B. Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Engineer at least seven (7) days prior to the date for receipt of Bids.

C. All interpretations, corrections and changes of the Bidding Documents will be made by issuance of written Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them.

D. Official Addenda issued to Bidders during the Bid period by the Engineer listing revisions and changes required shall become a part and take precedence over original Drawings, Specifications and other documents constituting the Bidding Documents as though originally included therein and shall be so honored by Bidders in preparing their Bids.

E. Addenda will be delivered via email transmission to all who are known by the Engineer to have received a complete set of Bidding Documents.

F. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

G. No Addenda will be issued later than three (3) calendar days prior to the date for receipt of Bids except for the following reasons: withdrawing the request for Bids and/or postponing the date for receipt of Bids and/or clarification or interpretation of Project issues.

H. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

I. All questions about the meaning or intent of the Bidding and Contract Documents shall be submitted in writing through the “Questions” feature within PennBid. Interpretations, or clarifications, considered necessary by Owner and Engineer in response to such questions, will be issued by Addenda and posted on PennBid. Questions received later than four (4) calendar days prior to the date for opening of Bids, or the deadline, if any, indicated on the Invitation to Bid, will not be answered. Oral statements, interpretations, or clarifications will not be binding, or legally effective. The Owner and Engineer shall not be responsible for the failure of any Bidder to receive notice of or to read the Addenda distributed and posted by the Owner.

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1.9 BID FORM

A. All proposals will be submitted on PennBid. The Bid Form and other required Bidding Documents and supplements are included with the bidding documents.

B. The Bid of an individual must be signed by the individual personally; the individual's signature must be witnessed; and the individual's business address and any business trade name must be stated. The Bid of a partnership must state the names and addresses of all partners, and the partnership business name and address; and it must be signed by all general partners, with the signatures witnessed. The Bid of a corporation must show the State of incorporation and the principal office address, and must be signed by the President or Vice President, with the corporate seal affixed, attested by the Secretary or Assistant Secretary. Bids by limited liability companies must be executed in the limited liability company name and signed by all members. The state of formation and official address of the limited liability company must be shown below the signature lines.

C. Bid prices shall be all inclusive and shall include, if applicable, all taxes of whatever nature applicable to the Work. Owner may be exempt from sales and use taxes for certain items to be incorporated into the Work. Each Bidder shall obtain legal advice to determine how and to what extent the Contractor may utilize the Owner’s tax exemption. Owner will provide, at the Contractor's request, documentation required to obtain applicable tax exemptions.

D. The apparent low bidder shall submit executed hard copies of the Bid Form and other required Documents and supplements within three (3) business days of bid opening.

E. If applicable, all requested Alternates shall be bid. If no change in the Base Bid is required, enter “No Change.”

F. Bids which contain any omission, additions or deductions not called for, conditional, voluntary, Bidder-originated, or uninvited alternate Bids, irregularities of any kind, or Bids otherwise irregular and which are not accompanied by Bid Security in the form and as required by Contract Documents, may be rejected as informal. Bids in which Bid prices are obviously unbalanced may be rejected. Bid shall not contain any recapitulations of the Work to be done. The Bidder shall make no stipulation on the Bid Form nor qualify its Bid in any manner.

1.10 BID SECURITY

A. Each Bid must be accompanied by Bid Security made payable to Owner in an amount of ten (10) percent of Bidder's base Bid price and in the form of a certified or bank check, an irrevocable letter of credit, or a Bid Bond (on form attached) issued by an acceptable surety qualified to do business in Pennsylvania.

B. All instruments of Bid Security shall be valid and remain in effect for at least 120 days from the date of the bid opening. Substitute Bid Bond forms are not acceptable.

C. The Bid Security and financial information, if any, of the three apparent lowest responsive and responsible Bidders will be retained until the Successful Bidder has furnished the required Performance and Payment Bonds, and Insurance Certificate, and Successful Bidder and Owner have executed the Agreement. Owner may annul the Notice of Intent to Award, if the apparent

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Successful Bidder fails or refuses to execute and deliver to the Owner the Agreement, together with the required Performance and Payment Bonds or other forms of security, and Insurance Certificate, within the number of calendar days specified in the Notice of Intent to Award. Bidder shall be considered in Default, and the full amount of its Bid Security shall be forfeited.

D. The apparent low bidder shall submit the executed Bid Security as part of the required bidding documents.

E. In the event that a Bid Bond is submitted with the Bid, the Attorney-in-Fact who executes the Bond on behalf of the Surety shall affix to the Bond a certified and current copy of the power of attorney, evidencing the authority of the agent of the surety to execute the Bid Bond.

F. Bidders shall guarantee that if they are notified of the intention of the Owner to award a Contract to the Bidder, the Bidder, within the time specified, will furnish the required Performance Bond and Payment Bond and, if the Bid is accepted, will furnish the required insurances and enter into a formal Contract with the Owner, otherwise the Owner may retain the Bid Security as liquidated damages, not as a penalty.

G. Failure to secure a Performance Bond and a Payment Bond and Insurance Certificates or to execute Contract within the specified time period shall constitute a default by the Bidder and the Owner may, at their sole discretion, award the Contract to the next lowest responsible Bidder or re-advertise for Bids, and the defaulting Bidder shall pay to the Owner the difference between the amount of the Bid and any higher amount for which the Owner may contract for the required Work, plus any advertising or Engineer fees, legal fees or other expenses incurred by reason of the default. The Bid Security of such defaulting Bidder or, as the case may be, the amount recovered from the Surety of such Bidder, shall be applied on account of said damages; and, if the amount of said difference, plus such expenses, exceeds the amount of such Bid Security or recovery, the defaulting Bidder shall pay to the Owner the full amount of the excess.

H. Bid Security checks will be returned to all except three (3) lowest Bidders within ten (10) days after Bid opening, others returned within two (2) days after Owner signs a Contract with successful Bidder, but in no event exceeding one hundred twenty (120) days after Bid opening.

No interest will be given for Bid Security checks held by Owner.

1.11 SUBCONTRACTORS

A. Each subcontractor is required to provide confirmation of compliance with Act 127 of 2012, by submitting to the Successful Bidder, a “Public Works Employment Verification Form” (Document 00511) as a pre-condition to being awarded a subcontract for this Project.

1.12 MODIFICATIONS AND WITHDRAWAL OF BIDS

A. Bids may be modified or withdrawn at any time within PennBid prior to the bid opening and time listed in the Invitation to Bid.

B. Except as authorized and provided in the Act of January 23, 1974, Act No. 4, no bid may be withdrawn at the date and time for the opening of bids nor at any other time during the bid hold period described herein. If the bidder elects to request the withdrawal of a proposal under and

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002113 - 8 pursuant to the provision of said Act No. 4, the rights and obligations of all parties shall be as set forth in said Act No. 4, and the procedure to be followed shall be as provided in said Act, the provisions of which are incorporated herein by reference, provided that:

1. Notice of claim of the right to withdraw Bid is made in writing to the Owner within two

(2) business days after opening of Bids; and

2. The withdrawal of the Bid will not result in the awarding of the Contract on another Bid of the same Bidder, Bidder's partner, or a corporation, or business venture owned by Bidder, or in which Bidder has a substantial interest.

3. A Bidder which is permitted to withdraw a Bid shall not supply any products or labor to, or perform any subcontract, or other work, for any entity awarded a Contract, or subcontract for performance of the Work for which the withdrawn Bid was submitted.

1.13 OPENING OF BIDS

A. Immediately following the due date and time for submission of sealed Bids, Bids will be deemed opened and an initial denotation of the presence of required documents will be made. Selection of apparent low Bidder will be made by Owner after careful review of submitted documentation.

An abstract of the amounts of Base Bids and Alternates (if any) will be made available to Bidders after the opening of Bids.

B. The apparent low bidder shall submit executed hard copies of the required Bidding Documents and supplements within three (3) business days of bid opening.

1.14 ACCEPTANCE OR REJECTION OF PROPOSALS

A. The Owner reserves the right to reject any or all proposals. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, conditional, not on the prescribed form, or otherwise irregular, or which has erasures or corrections in prices, or which include additions or deductions not called for, or uninvited alternate bids, or in which unit prices are omitted or are obviously unbalanced, may be rejected. However, the Owner reserves the right to waive informalities on the basis of its best interests.

1.15 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

A. Except as otherwise provided herein, including with respect to any rights reserved to the Owner, the Owner shall award the contract to the apparent Successful Bidder or reject all bids within sixty

(60) days from the date of the bid opening; provided, however, if the award is delayed by the required approval of another governmental agency, the sale of bonds, easement acquisition or the award of a grant, the Owner shall reject all bids or award the contract to the lowest responsible and responsive bidder within one-hundred twenty (120) days from the date of the bid opening.

The Owner will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty-day extensions of the date for the award may be made by the mutual written consent of the Owner and the apparent Successful Bidder.

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1.16 AWARD OF CONTRACT

A. Owner reserves the right, without limitation, to reject any or all Bids not in the best interest of the Owner, including but not limited to Bids which are non-conforming, nonresponsive, unbalanced or conditional, and to 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, whether because the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all irregularities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

B. In evaluating Bids, Owner will consider if the Bids comply or do not comply with the prescribed requirements, and such Alternates, unit prices, and other data, as may be listed on the Bid Form, or as may be requested by Owner prior to executing the Agreement. In evaluating Bids Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work of which Owner, prior to executing the Agreement, requests their identity. Owner also may consider, where applicable, the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the execution of the Agreement.

C. In evaluating Bids Owner may conduct such investigations, as Owner deems necessary, to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations, to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. If the Contract is to be awarded, it will be awarded to the Successful Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

D. Owner will give the apparent Successful Bidder Notice of an Intent to Award. Bidders may be required by Owner, prior to and as a condition of Contract award, to execute and sign documents related to financing of the Project.

E. More than one bid from an individual, partnership, corporation, or an association under the same name or different names will not be considered. Reasonable grounds for believing that the Bidder is interested in more than one Bid for the same Work will cause the rejection of all Bids in which such Bidder is interested. Any or all Bids will be rejected if there is any reason for believing that collusion exists among any of the Bidders; participants in such collusion will not be considered in future bidding.

F. Alternates, if any, will be considered and selected by Owner and the prices for the selected Alternates will be added to or deducted from the Base Bid price to arrive at an adjusted Bid Price.

G. Owner reserves the right to reject or select Alternates regardless of price attached to such Alternates. The adjusted Bid price will be used in comparing Bids and will be the basis for determining the lowest responsive Bidders.

H. Successful Bidder and its subcontractors shall submit Employment Verification Forms, in accordance with the PA “Public Works Employment Verification Act” (Act 127 of 2012), prior to and as a condition of award of a contract.

SECTION 002113 -

002113 - 10

1.17 CONTRACT BONDS AND INSURANCE

A. The General Conditions and the Supplementary Conditions sets forth Owner's requirements as to Performance and Payment Bonds to be provided by the Contractor. When the Successful Bidder delivers the signed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds, each in the amount of one hundred percent (100%) of the Contract Price, on the forms provided in the Bidding and Contract Documents. Substitute Bond forms are not acceptable. Both bonds shall have corporate surety satisfactory to the Owner, and authorized to conduct business in Pennsylvania; and shall be paid for by the Contractor.

B. The General Conditions and the Supplementary Conditions set forth Owner's requirements as to insurance to be carried by the Contractor. When the apparent Successful Bidder delivers the signed Agreement to the Owner, it must be accompanied by the required insurance certificate on the latest version of the Acord 25 Certificate of Insurance form, together with applicable endorsements. All policies of insurance shown on the Certificate of Insurance shall not be cancelled or materially changed until thirty days prior notice has been given by Successful Bidder to Owner and to each additional insured, and shall contain waiver provisions in accordance with the General Conditions.

1.18 SIGNING OF CONTRACT

A. When Owner gives a Notice of Intent to Award to the Successful Bidder, it will be accompanied by two (2) unsigned counterparts each of the Agreement (each with a copy of the Bid submission and, if applicable, the List of Proposed Subcontractors attached), Performance and Payment Bonds, or other forms of financial security. Successful Bidder shall sign and deliver to the Owner, all counterparts of the Agreement accompanied by the executed Performance and Payment Bonds (with a Power-of-Attorney certificate attached to each), or other forms of financial security and two (2) originals of the required insurance certificate(s) within the agreed to timeframe.

B. Successful Bidder shall be responsible for all costs resulting from reviewing by Engineer, or others, of non-conforming, or incomplete Contract Document submissions prior to execution of the Contract. Costs shall be deducted by Change Order from Successful Bidder’s first Application for Payment.

C. If the Owner finds the documents submitted by the Successful Bidder acceptable, it will, within ten (10) calendar days after receipt of such documents, complete the signing of the Contract and submit one (1) fully executed Contract and accompanying documents to the Successful Bidder.

D. If the Owner elects to issue a Notice to Proceed, such notice may accompany the fully executed copies of the Contract. If a Notice to Proceed is not issued, the Contract Times will commence to run as specified in Contract Documents.

E. Owner may annul the intent to award, if the Successful Bidder fails or refuses to execute and deliver to the Owner the Contract, together with the required Performance and Payment Bonds, Insurance Certificate, and any other required Contract Document(s), within the number of calendar days specified in the Notice of Intent to Award. Bidder shall be considered in default, and the full amount of its Bid Bond shall be forfeited.

SECTION 002113 -

002113 - 11

1.19 Time is of the essence in completing all Work under the Contract. The Work shall be completed within the schedule stipulated in the Bidding Documents. If it becomes necessary in the opinion of the Owner to postpone the Project or any phase of the Work, then the Owner may authorize an extension of the Contract Time. An extension of the Contract Time shall not be cause for an increase in the Contract Sum paid to the Contractor. The Contractor shall begin Work within the time period set forth in the Contract Documents or if no time period is set forth therein, then within three (3) days from the date of issuance of the Notice to Proceed by the Owner.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF DOCUMENT 002113

Available Project Information

SECTION 003113 –

PROJECT MILESTONES

AVAILABLE PROJECT INFORMATION-PROJECT MILESTONES Section 003113 - 1

SECTION 003113 – PROJECT MILESTONES

PART 1 – GENERAL

1.1 Milestone dates identified herein shall become binding under the Contract. The Successful Bidder represents that it will provide sufficient labor, material, supervision, equipment and other necessary resources to achieve milestone dates.

1.2 Schedule Requirements

A. Bidders shall review the milestone schedule for Work included in the construction documents and advise, prior to bid time, of any severe discrepancies identified.

B. Bid Proposals shall be based on overall time duration provided in the milestone schedule for all construction activities.

C. The Contractor will be required to submit monthly progress reports and updated schedules as directed.

1.3 Milestones

A. Anticipated milestone dates (subject to change based on requirements set forth in the Bidding and Contract Documents and easement acquisition):

Bid Opening February 23, 2026

Notice of Intent of Award March 5, 2026

Execution of Contract March 5, 2026

(pending receipt of contract documents from lowest qualified bidder)

Notice to Proceed March 5, 2026

Substantial Completion August 28, 2026

All Work for the Project, aside from the Restoration Planting, shall be substantially completed by no later than August 28, 2026. This Work includes temporary and permanent seeding, and stabilization to ensure compliance with erosion and sediment control requirements as detailed on the plans.

Final Completion November 20, 2026

Note that the restoration planting work, including the installation of trees, shrubs, and herbaceous plugs per the Restoration Planting Plan within the Drawings, shall be completed within the planting timeframes specified within Section 329300 – Plants.

PART 2 – PRODUCTS (Not Applicable)

PART 3 – EXECUTION (Not Applicable)

SECTION 003113 –

PROJECT MILESTONES

AVAILABLE PROJECT INFORMATION-PROJECT MILESTONES Section 003113 - 2

END OF SECTION

SECTION 003146 –

PERMITS

AVAILABLE PROJECT INFORMATION-PERMITS Section 003146 - 1

SECTION 003146 – PERMITS

PART 1 – GENERAL

1.1 The following permit authorizations are attached:

1.1.1 The Pennsylvania Department of Environmental Protection (DEP) issued a Chapter 105 Water

Obstruction and Encroachment Permit, GP-4, and GP-11 to complete the Conewago Creek Phase IV Floodplain Restoration. As part of the Chapter 105 review, DEP reviewed and approved the Erosion and Sedimentation Control Plan associated with the project.

1.1.2 The United States Army Corps of Engineers issued a Pennsylvania State Programmatic General Permit-6 (PASPGP-6) to for the project.

1.2 The floodplain restoration project must be completed in accordance with the above specified authorizations, the erosion and sediment control plan approval and the Contract Documents.

Additionally, it is anticipated that the Contractor must complete permit documentation and prior to the start of construction verifying that construction will comply with permit conditions.

1.3 A PennDOT Right of Entry is anticipated to be authorized prior to the start of construction and will be provided to the Contractor once received.

PART 2 – PRODUCTS (Not Applicable)

PART 3 – EXECUTION (Not Applicable)

END OF SECTION

Bureau of Waterways Engineering and Wetlands Rachel Carson State Office Building | P.O. Box 8460 | Harrisburg, PA 17105-8460 | 717.783.1754 | www.dep.pa.gov

November 24, 2025

Via email: mdykman@londonderrypa.org

Monique Dykman Londonderry Township 783 Geyers Church Road Middletown, PA 17057

Re: Approval Conewago Floodplain Restoration, Phase 4 Major Amendment

APS ID No. 1146336; AUTH ID No. 1542298; EPERMITTING No. 338343;

EA2215220-002, GP112215225-018, GP0422152250-002

Londonderry Township, Dauphin County

Dear Monique Dykman, The Pennsylvania Department of Environmental Protection (Department), Division of Wetlands, Encroachments, and Training has approved the restoration plan to restore approximately 3.5 acres of integrated wetland, stream, and floodplain areas; approximately 1200 linear feet of the Conewago Creek;

and 360 linear feet of an unnamed tributary to Conewago Creek (TSF, MF). The restoration activity includes removing approximately 19,000 cubic yards of legacy sediment and other historic fills;

temporary and permanent stockpiling and disposal of the excavated legacy sediment; and realigning and relocating stream channels. Additional restoration activities include placing log sills, woody debris, and other aquatic habitat structures within the restoration areas; to construct temporary stream crossings, rock construction entrances, and other erosion controls during restoration activities. The restoration project is located southeast of the intersection of Hoffer Road and Route 230 (North Market Street), Elizabethtown, PA in Londonderry Township, Dauphin County & Mt. Joy Township, Lancaster County (USGS Quadrangle: Middletown, PA: Latitude: 40.165971; Longitude: -76.641280).

Construction associated with the restoration activity is approved under the provisions of 25 Pa. Code, Section 105.12(a)(16). This approval also includes Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. 1341(a)).

The registration of use for one General Permit BWEW-GP-04 (Stormwater Outfall Structures) and one General Permit BWEW-GP-11 (Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water Obstructions and Encroachments) also provided as part of your submission has been reviewed in accordance with the Department’s policies and procedures. This letter includes acknowledgement of your notification and registers your use of GP-04 [GP042215225-002] for the modification of an existing stormwater outfall and your use of GP-11 [GP112215225-018] for the modification of an existing culvert crossing of the unnamed tributary. You are responsible for assuring the work is completed in accordance with the drawings and conditions contained in the General Permits.

The Erosion and Sediment Pollution Control Plan incorporated into the overall restoration plan has been reviewed for consistency with the Department’s Chapter 102 regulations. Provided the erosion and sediment control measures are properly implemented and maintained, this plan is adequate to minimize accelerated soil erosion and sediment pollution.

This letter may be considered approval to construct the restoration project with the following special conditions:

1. The Pennsylvania Fish and Boat Commission’s Southcentral Regional Office must be notified at 717.486.7087, at least ten days prior to the start of construction.

Monique Dykman - 2 - November 24, 2025

2. The Department’s Bureau of Waterways Engineering and Wetlands, Division of Wetlands, Encroachment and Training (Division) must be notified at least ten days prior to the start of construction and within ten days after construction is complete. Please notify Andrew Foley by email at anfoley@pa.gov.

3. All activities shall be performed in accordance with the restoration plans titled, CONWAGO CREEK PHASE IV FLOODPLAIN RESTORATION with a plan date of July 25, 2025. The Division shall be notified of any major changes to the approved plans prior to the implementation of those changes. Major changes may need additional written approval at the discretion of the Department.

4. All Erosion and Sediment Pollution Controls within the…