2-2026 Roadway Improvement Specifications - REBID.pdf

The Specifications and Contract Documents contained herein (up to and including the

Supplementary Conditions) are based upon standardized documents prepared by

Engineer’s Joint Contract Documents Committee and issued and published jointly by the Organizations listed below. Project specific requirements, the impact of state and local laws and standard procedures of our office are reflected in modifications and supplements and/or deletions as required by C.S. Davidson, Inc.

TABLE OF CONTENTS

1. Invitation To Bid

2. Instructions To Bidders

3. Bid And Bid Bond

4. Agreement And Bond Forms

5. Standard General Conditions Of The Construction Contract EJCDC No. 1910-8 (1996 Edition)

6. Supplementary Conditions

7. Technical Provisions (Standard) (Required)

8. Technical Provisions (Detailed)

SECTION 1

Invitation to Bid

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INVITATION TO BID

2026 Roadway Improvements - Rebid

Sealed bids for roadway improvement work, including ADA curb ramp replacement, base repairs, cold-in-place recycling, milling, paving, manhole adjustments, and miscellaneous storm and sanitary sewer repairs will be received online via the PennBid Program (https://pennbid.bonfirehub.com) by East Pennsboro Township, Cumberland County, Pennsylvania until 10:00 AM, Wednesday, April 22, 2026.

The bids will be publicly opened and read electronically, via PennBid’s website, at 10:00 AM (prevailing time), same date. Bid results will be available end of business day, same date.

Copies of Bidding Documents for 2026 Roadway Improvements - Rebid are available online and at no cost via the PennBid Program at https://pennbid.bonfirehub.com.

NOTE: The Commissioners of East Pennsboro Township have authorized C.S. Davidson, Inc., to act on their behalf by opening bids. Contracts will be awarded at a regularly scheduled meeting of East Pennsboro Township.

A bid bond by acceptable surety or a certified check made payable to East Pennsboro Township in the amount of 5% of the maximum bid must be provided by each bidder with their bid.

Each bidder must be prepared to submit evidence of his qualifications to perform the work.

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.

The Contract Time for this project is one hundred fifty (150) calendar days.

East Pennsboro Township reserves the right to accept any bid or reject any or all bids.

Board of Commissioners Patti Gilbert, President

East Pennsboro Township

Publish Date: Saturday, April 11, 2026 https://pennbid.bonfirehub.com/ http://www.pennbid.net/

SEALED BIDS WANTED

Sealed bids for roadway improvement work, including ADA curb ramp replacement, base repairs, cold-in-place recycling, milling, paving, manhole adjustments, and miscellaneous storm and sanitary sewer repairs will be received online via the PennBid Program (https://pennbid.bonfirehub.com) by East Pennsboro Township, Cumberland County, Pennsylvania until 10:00 AM, Wednesday, April 22, 2026.

The bids will be publicly opened and read electronically, via PennBid’s website, at 10:00 AM (prevailing time), same date. Bid results will be available end of business day, same date.

Copies of Bidding Documents for 2026 Road Improvements - Rebid are available online and at no cost via the PennBid Program at https://pennbid.bonfirehub.com.

A bid bond by acceptable surety or a certified check made payable to East Pennsboro Township in the amount of 5% of the maximum bid must be provided by each bidder with their bid.

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.

East Pennsboro Township reserves the right to accept any bid or reject any or all bids.

Board of Commissioners Patti Gilbert, President

Publish Date: Saturday, April 11, 2026

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SECTION 2

Instructions to Bidders

2026 Roadway Improvements - Rebid Engineer’s Project No. 4833.4.18.00 Specifications and Contract Documents East Pennsboro Township, Cumberland County, PA

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Article 1. DEFINED TERMS

1.01 Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions.

The term "apparent Successful Bidder" means the lowest qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) intends to make an award.

Article 2. QUALIFICATIONS OF BIDDERS

2.01 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five (5) days of Owner's request, written evidence such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid contains a representation of Bidder's qualification to do business in the state where the Project is located, or covenant to obtain such qualification prior to award of the Contract.

Article 3. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

3.01 Before submitting a Bid, each Bidder must (a) examine the Bidding Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, and (d) study and carefully correlate Bidder's observations with the Bidding Documents.

3.02 Reference is made to the Supplementary Conditions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work, which have been relied upon by Engineer in preparing the Drawings and Specifications. Owner will make copies of such reports available to any Bidder requesting them.

These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid, each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

3.03 On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Bidder shall fill all holes and cleanup and restore the site to its former condition upon completion of such explorations, investigations tests and studies.

3.04 The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the Supplementary Conditions or Drawings.

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

3.06 Reference is made to Article 7 of the Supplementary Conditions for the identification and general nature of other work that is to be performed at the site by Owner or others (such as utilities or other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

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3.07 A detailed description of the Work is provided in the Technical Provisions (Detailed).

3.08 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

Article 4. INTERPRETATIONS AND ADDENDA

4.01 All questions about the meaning or intent of the Bidding Documents shall be submitted to Engineer in writing via the “Messages/ Public Q&A” feature in PennBid. Replies will be issued by Addenda, posted within the “Bidding Documents” feature in PennBid and an email notification sent to all parties recorded as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Article 5. CONTRACT TIME

5.01 The number of days within which, or the date by which the Work is to be completed (the Contract Time), is set forth in the Bid Form and will be included in the Agreement.

Article 6. LIQUIDATED DAMAGES

6.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

Article 7. SUBSTITUTE AND “OR-EQUAL” ITEMS

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

Article 8. SUBCONTRACTORS, SUPPLIERS AND OTHERS

8.01 If the Supplementary Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, will, within seven (7) days after the day of the Bid opening, submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may, before giving the Notice of Award, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but this declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner and Engineer do not make written objection prior to giving of the Notice of Award, will be deemed acceptable to Owner and Engineer.

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8.02 In contracts where the Contract Price is on the basis of cost-of-the-work plus a fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract, and after the Notice of Award, may only subcontract other portions of the Work with Owner's written consent.

8.03 No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection.

Article 9. BID FORM

9.01 The Bid Form is included with the Bidding Documents for reference. Bidders shall complete the electronic Bid Form within PennBid (“Prepare Your Submission” tab).

9.02 A Bid price shall be indicated for each Bid item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

9.03 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to submit).

9.04 Bids by partnerships must be executed in the partnership name and submitted by a partner.

9.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to submit.

9.06 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

9.07 The address and telephone number for communications regarding the Bid shall be shown.

9.08 Bidder shall include in his Bid all cash allowances stated in the Bid Form. Cash allowances shall include those costs enumerated in the General Conditions.

Article 10. SUBMISSION OF BIDS

10.01 Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) no later than the time and date prescribed.

10.02 Other documentation required to be submitted with the Bid is described on the Bid Form.

Article 11. MODIFICATION AND WITHDRAWAL OF BIDS

11.01 Bids may be modified or withdrawn at any time prior to the due date and time prescribed.

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11.02 Bids may be withdrawn only as provided in Pennsylvania Act of January 23, 1974, P.L. 9:

"Any Bidder may withdraw his bid for consideration after the bid opening without forfeiture of the surety bid bond filed with the bid, if the price bid was submitted in good faith, and the bidder submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid; provided (i) notice of a claim of the right to withdraw such bid is made in writing with the Owner within two business days after the opening of bids; and

(ii) the withdrawal of the bid would not result in the awarding of the contract on another bid of the same bidder, his partner, or to a corporation or business venture owned by or in which he has a substantial interest. No bidder who is permitted to withdraw a bid shall supply any material or labor to, or perform any subcontract or other work agreement for any person to whom a contract or subcontract is awarded in the performance of the contract for which the withdrawn bid was submitted without the written approval of the Owner."

Article 12. BIDS TO REMAIN OPEN

12.01 All Bids shall remain open for sixty (60) days after the day of the Bid opening, unless delayed due to required approvals of other governmental agency or sale of bonds, in which case, Bids shall be irrevocable for one hundred twenty (120) days in compliance with Pennsylvania Act No. 317 of 1978, as amended by Act No. 200 of 1982, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date.

Article 13. BID SECURITY

13.01 Bid Security shall be made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond on form attached issued by a Surety meeting the requirements of Article 5.01 of the General Conditions. Bidders using a different Bid Bond Form (other than attached form) will reimburse the Owner for legal costs to review other forms.

13.02 The Bid Security of the apparent Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the apparent Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within fifteen (15) days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.

The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished on the first day after the open period for bids contained in Article 12 herein. Bid Security of other Bidders will be returned within seven (7) days of the Bid opening.

Article 14. BASIS OF BID; EVALUATION OF BIDS

14.01 Bidders shall submit a Bid on a unit price basis or lump sum basis for each item of Work listed on the Bid Schedule.

14.02 The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Article 11.03 of the General Conditions.

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14.03 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Article 11.01 of the General Conditions.

14.04 Alternate bids, if any, will be evaluated as described in Article 24.

Article 15. AWARD OF CONTRACT

15.01 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the apparent Successful Bidder and the right to disregard all nonconforming, nonresponsive or conditional Bids.

15.02 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates and unit prices if requested in the Bid forms.

It is the Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form, but Owner may accept them in any order or combination.

15.03 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

15.04 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

15.05 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction.

15.06 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

15.07 A pre-award conference may, at the option of Owner, be scheduled at a time and place mutually acceptable to the apparent Successful Bidder and Owner.

15.08 If the contract is to be awarded, Owner will give the apparent Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

Article 16. CONTRACT SECURITY AND INSURANCE

16.01 The General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds, as well as the type and amount of insurance required.

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Article 17. SIGNING OF AGREEMENT

17.01 When Owner gives a Notice of Award to the apparent Successful Bidder, it will be accompanied by at least three (3) unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver at least three (3) counterparts of the Agreement to Owner with all other Contract Documents attached, including required bonds and Certificates of Insurance. Within ten (10) days thereafter, the Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties.

Article 18. LAWS AND REGULATIONS

18.01 Bidders are referred to Article 6.09 of the Supplementary Conditions with regard to the applicability of certain laws and regulations specifically affecting this project. The General Conditions set forth responsibility for compliance with laws and regulations in general.

Article 19. SALES AND USE TAXES

19.01 Bidders are referred to the General Conditions regarding possible exemption from state sales and use tax. Each Bidder is responsible for determining the extent of such exemption, if any.

Article 20. COPIES OF BIDDING DOCUMENTS

20.01 The Bidding Documents are available for examination online and at no cost at any time via the PennBid Program (https://pennbid.bonfirehub.com).

20.02 Complete sets of Bidding Documents shall be used in preparing Bids. Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

Article 21. OPENING OF BIDS

21.01 Bids will be opened publicly.

21.02 When Bids are opened publicly, they will be opened, and read electronically, via PennBid’s website. Following the opening of bids, an abstract of the amounts of the base Bids and major alternates (if any) will be made via a Public Notice on PennBid (https://pennbid.bonfirehub.com).

Article 22. REDUCTION IN SCOPE OF WORK

22.01 The Owner fully intends to construct the work for which bids are solicited. However, the Owner specifically reserves the right, which all Bidders acknowledge by submission of a bid, to reduce quantities and/or eliminate portions of the project to meet available finances. Reduction of quantities or elimination of portions of the project will not constitute grounds of additional or compensatory charges to the low bidder.

Article 23. PRE-BID CONFERENCE

23.01 A pre-bid conference has not been scheduled.

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Article 24. ALTERNATE BIDS

24.01 The Owner intends to award a contract for the Base Bid and all alternates. The lowest responsive Bid will be determined from the lowest proposal submitted for the Base Bid, including the Alternate Bids.

The deletion of one or more Bid Alternate(s) will have no bearing on the selection of the lowest responsive Bid.

Article 25. ESCALATOR PROVISION

25.01 In accordance with the attached East Pennsboro Township Resolution No. 2026-06, this project will be subject to an Escalator Provision for liquid asphalt; therefore, the provisions of PennDOT Publication 408, Section 110.04 Price Adjustment of Asphalt Materials, as modified will apply. Bid index shall be March 2026 for Zone 1 (District 8).

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SECTION 3

Bid and Bid Bond

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BID

THIS FORM IS PROVIDED FOR CONVENIENCE ONLY.

ALL BIDS SHALL BE SUBMITTED ONLINE VIA PENNBID’S

“PREPARE YOUR SUBMISSION” TAB.

PROJECT: 2026 Roadway Improvements - Rebid

TO: East Pennsboro Township

(OWNER)

98 South Enola Drive

(ADDRESS)

Enola, PA 17025

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including, without limitations, those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60) days after the day of Bid opening unless delayed due to required approvals of other governmental agency or sale of bonds, in which case, Bids shall be irrevocable for one hundred twenty

(120) days in compliance with Pennsylvania Act No. 317 of 1978, as amended by Act No. 200 of 1982.

BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER's Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

A. BIDDER is qualified to conduct business in Pennsylvania, or

B. BIDDER will obtain such qualification prior to Award of the Contract;

C. BIDDER has examined copies of all the Contract Documents and of the following addenda:

DATE NUMBER

(receipt of all of which is hereby acknowledged) and also copies of the Invitation to Bid and Instructions to Bidders;

D. BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work, and has made such independent investigations as BIDDER deems necessary;

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E. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER; and

F. BIDDER has been furnished with applicable prevailing minimum wage predetermination for this project and acknowledges that they are incorporated in this Bid.

4. BIDDER agrees that the Work will be substantially completed on or before the dates or within the number of calendar days indicated in the Agreement.

5. BIDDER accepts the provisions of the Agreement as it pertains to liquidated damages in the event of failure to complete the Work on time.

6. The following documents are attached to and made a part of this Bid:

A. Required Bid Security in the form of bid bond or certified check.

B. Non-collusion Affidavit of Prime Bidder.

C. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid.

D. Effective January 1, 2013, all Public Works Construction Contractors and Subcontractors shall comply with the Federal E-verify Program (EVP) operated by the United States Department of Homeland Security:

(1) All Public Works Contractors or Contractors shall submit and execute a Public Works Employment Verification Form, attached herein, with any bid of $25,000 or greater.

(2) Subcontractors shall submit a copy of the Public Works Employment Verification Form before any onsite or offsite work begins, unless the combined value of the contractor and the subcontractor work is less than $25,000.

7. The terms used in this Bid, which are defined in the General Conditions of the Construction Contract, included as part of the Contract Documents have the meanings assigned to them in the General Conditions.

8. BIDDER will complete the Work for the following price(s):

2026 Roadway Improvements -Rebid Engineer’s Project No. 4833.4.18.00

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BID SCHEDULE

NOTE: Words have been abbreviated as follows:

Word Abbreviation Word Abbreviation Lineal Feet L.F. Gallons Gal.

Square Feet S.F. Tons in Place Tons Vertical Feet V.F. Each Ea.

Cubic Yards C.Y. Lump Sum L.S.

Square Yards S.Y.

Bid Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

Estimated Total

PROJECT NO. 1 – ACRI MEADOW ROAD

2. MISCELLANEOUS / SITE WORK PAYMENT ITEMS

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 260 Tons $ $

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 130 Tons $ $

7.13.13 4” Double Yellow Painted Lines 1,050 L.F. $ $

7.14 Base Repair 21 S.Y. $ $

7.16 Profile Mill ± 2” Depth 2,800 S.Y. $ $

7.20 Paving Fabric 2,800 S.Y. $ $

TOTAL BID AMOUNT OF ACRI MEADOW ROAD: $

PROJECT NO. 1 – ACRI ROAD

2. MISCELLANEOUS/SITE WORK PAYMENT ITEMS

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 3,250 Tons $ $

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 1,625 Tons $ $

7.13.13 4” Double Yellow Painted Lines 7,870 L.F. $ $

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Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

7.14 Base Repair 1,374 S.Y. $ $

7.16 Profile Mill 0-2” Depth 33,787 S.Y. $ $

7.20 Paving Fabric 33,180 S.Y. $ $

7.30 Removal of Existing

Guiderail (Owner’s Property) 275 L.F. $ $

7.30.02 Type 31-S Guide Rail 200 L.F. $ $

7.31.01 Terminal End Section 1 Ea. $ $

7.31.02 Permanent Impact

Attenuating Device, Type II, Test Level 2, Tangent 3 Ea. $ $

7.31.05 Type 31-Strong Post In-Line

Anchor 1 Ea. $ $

7.82.01 ADA Accessible Curb Ramp

No. 1 1 L.S. Job $

7.82.02 ADA Accessible Curb Ramp

No. 2 1 L.S. Job $

7.82.03 ADA Accessible Curb Ramp

No. 3 1 L.S. Job $

7.82.04 ADA Accessible Curb Ramp

No. 4 1 L.S. Job $

7.82.05 ADA Accessible Curb Ramp

No. 5 1 L.S. Job $

7.82.06 ADA Accessible Curb Ramp

No. 6 1 L.S. Job $

7.82.07 ADA Accessible Curb Ramp

No. 7 1 L.S. Job $

7.82.08 ADA Accessible Curb Ramp

No. 8 1 L.S. Job $

7.82.09 ADA Accessible Curb Ramp

No. 9 1 L.S. Job $

7.82.10 ADA Accessible Curb Ramp

No. 10 1 L.S. Job $

7.82.11 ADA Accessible Curb Ramp

No. 11 1 L.S. Job $

7.82.12 ADA Accessible Curb Ramp

No. 12 1 L.S. Job $

TOTAL BID AMOUNT OF ACRI ROAD: $

PROJECT NO. 1 – ANNETTE DRIVE

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 525 Tons $ $

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Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 263 Tons $ $

7.14 Base Repair 110 S.Y. $ $

7.17 Cold-in-Place Recycle (4”-5”

Depth) 5,468 S.Y. $ $

7.18 Emulsion 10,936 Gal. $ $

TOTAL BID AMOUNT OF ANNETTE DRIVE: $

PROJECT NO. 1 – SHARON ROAD

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 700 Tons $ $

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 350 Tons $ $

7.14 Base Repair 145 S.Y. $ $

7.17 Cold-in-Place Recycle (4” –

5” Depth) 7,222 S.Y. $ $

7.18 Emulsion 14,444 Gal. $ $

TOTAL BID AMOUNT OF SHARON ROAD: $

PROJECT NO. 1 – RANDI ROAD

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 320 Tons $ $

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 160 Tons $ $

7.14 Base Repair 66 S.Y. $ $

3-6

Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

7.17 Cold-in-Place Recycle (4” –

5” Depth) 3,286 S.Y. $ $

7.18 Emulsion 6,572 Gal. $

TOTAL BID AMOUNT OF RANDI ROAD: $

PROJECT NO. 1 – KELLY COURT

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 150 Tons $ $

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 75 Tons $ $

7.14 Base Repair 31 S.Y. $ $

7.17 Cold-in-Place Recycle (4” –

5” Depth) 1,541 S.Y. $ $

7.18 Emulsion 3,082 Gal. $ $

TOTAL BID AMOUNT OF KELLY COURT: $

PROJECT NO. 1 – SUSAN CIRCLE

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 350 Tons $ $

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 175 Tons $ $

7.14 Base Repair 72 S.Y. $ $

7.16 Profile Mill 0-2” Depth 1,750 S.Y. $ $

7.17 Cold-in-Place Recycle (4” –

5” Depth) 1,850 S.Y. $ $

7.18 Emulsion 3,700 Gal. $ $

7.20 Paving Fabric 1,750 S.Y. $ $

7.82.13 ADA Accessible Curb Ramp

No. 13 1 L.S. Job $

3-7

Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

7.82.14 ADA Accessible Curb Ramp

No. 14 1 L.S. Job $

7.82.15 ADA Accessible Curb Ramp

No. 15 1 L.S. Job $

7.82.16 ADA Accessible Curb Ramp

No. 16 1 L.S. Job $

7.82.17 ADA Accessible Curb Ramp

No. 17 1 L.S. Job $

TOTAL BID AMOUNT OF SUSAN CIRCLE: $

PROJECT NO. 1 – WEXFORD DRIVE

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 160 Tons $ $

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 80 Tons $ $

7.16 Profile Mill 0-2” Depth 1,664 S.Y. $ $

7.20 Paving Fabric 1,664 S.Y. $ $

7.82.18 ADA Accessible Curb Ramp

No. 18 1 L.S. Job $

7.82.19 ADA Accessible Curb Ramp

No. 19 1 L.S. Job $

7.82.20 ADA Accessible Curb Ramp

No. 20 1 L.S. Job $

TOTAL BID AMOUNT OF WEXFORD DRIVE: $

PROJECT NO. 1 – EDENDERRY WAY

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 210 Tons $ $

3-8

Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 105 Tons $ $

7.16 Profile Mill 0-2” Depth 2,158 S.Y. $ $

7.20 Paving Fabric 2,158 S.Y. $ $

TOTAL BID AMOUNT OF EDENDERRY WAY: $

PROJECT NO. 2 – STORM SEWER AUTHORITY IMPROVEMENTS

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

2.02 Clearing & Grubbing 1 L.S. Job $

2.04 Site Excavation and

Placement of Fill 1 L.S. Job $

2.06 Soil Erosion &

Sedimentation Control 1 L.S. Job $

2.07.05 R-5 Rip Rap 45 Tons $ $

2.07.06 R-6 Rip Rap 120 Tons $ $

2.08 Finish Grading & Seeding 1 L.S. Job $

2.15 Flowable Fill 48 C.Y. $ $

2.91 Tree Removal 1 L.S. Job $

2.99 Abandon/Remove Existing

Storm Sewer Conveyance Structure 1 L.S. Job $

3. STORM SEWER PAYMENT ITEMS

3.01.01.18 18” Corrugated Metal Pipe 10 L.F. $ $

3.01.01.22 20” x 28” Corrugated Metal

Pipe 30 L.F. $ $

3.01.04.15 15” Dia. SLCPP 226 L.F. $ $

3.01.04.18 18” Dia. SLCPP 938 L.F. $ $

3.01.04.24 24” Dia. SLCPP 180 L.F. $ $

3.01.04.30 30” Dia. SLCPP 10 L.F. $ $

3.01.04.36 36” Dia. SLCPP 146 L.F. $ $

3.01.04.42 42” Dia. SLCPP 10 L.F. $ $

3.03 Storm Manhole – 4’ Dia. 2 Ea. $ $

3.04 Storm Manhole Frame &

Cover 4 Ea. $ $

3.04.02 Adjust Existing Storm

Manhole to Grade 2 V.F. $ $

3.05 Precast Type C Inlet – 2’ x 4’ 10 Ea. $ $

3.05.01 Precast Type M Inlet – 2’ x

4’ 6 Ea. $ $

3.05.06 Precast Type M Inlet – 2’ x

6’ 1 Ea. $ $

3.06.04 Type DW Precast Endwall 1 Ea. $ $

3.06.06 Type DW Endwall with

Energy Dissipator Blocks 1 Ea. $ $

3.91 HDPE Flared End Section 1 Ea. $ $

3-9

Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

3.99 Inlet Repair 9 Ea. $ $

3.99.01 Type M Inlet Top

Replacement – 2’ x 4’ 6 Ea. $ $

3.99.02 Type M Inlet Top

Replacement – 2’ x 6’ 1 Ea. $ $

3.99.03 Type C Inlet Top

Replacement – 2’ x 4’ 22 Ea. $ $

3.99.04 Type C Inlet Top

Replacement – 2’ x 6’ 4 Ea. $ $

3.99.05 Rolled Curb Inlet Top

Replacement 6 Ea. $ $

7. ROADWAY PAYMENT ITEMS

7.08.01 8” Wide Vertical Cement

Concrete Curb 30 L.F. $ $

7.08.01.03 Rolled Concrete Curb (With

Roadway Restoration) 50 L.F. $ $

7.09.01.06 6” Thick Concrete Sidewalk 60 S.F. $ $

TOTAL BID AMOUNT OF STORM SEWER AUTHORITY

IMPROVEMENTS: $

PROJECT NO. 3 – SANITARY SEWER IMPROVEMENTS

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

5. SANITARY SEWER PAYMENT ITEMS

5.01.04.08 8” Dia. SDR 35 Sewer Main 160 L.F. $ $

5.09.04 Remove and Reinstall

Existing Manhole Frame & Cover to Grade 30 Ea. $ $

5.09.04.01 Remove Existing Frame and

Cover and Install New Frame & Cover to Grade (26” Dia.) 56 Ea. $ $

5.09.04.03 Replace Existing Manhole

Riser Sections (Precast or Rubber Donuts) 44 V.F. $ $

5.99 Post Construction Televising 1 L.S. Job $

TOTAL BID AMOUNT OF SANITARY SEWER IMPROVEMENTS: $

PROJECT NO. 4 – PAVEMENT ESCALATOR ALLOWANCE

7. ROADWAY PAYMENT ITEMS

7.99 Estimated Escalator

Allowance 1 L.S. Job

$ 50,000.00

TOTAL BID AMOUNT OF PAVEMENT ESCALATOR ALLOWANCE: $ 50,000.00

PROJECT NO. 5 – BID ALTERNATE NO. 1 - SALT ROAD

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

3-10

Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 900 Tons $ $

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 450 Tons $ $

7.13.01 24” Thermoplastic White Line 40 L.F. $ $

7.13.04 6” Thermoplastic White Line Striping 81 L.F. $ $

7.13.07 Thermoplastic Legend

“Arrow” (12’x3’) 4 Ea. $ $

7.13.11 4” White Painted Lines 320 L.F. $ $

7.13.13 4” Double Yellow Painted

Lines 2,950 L.F. $ $

7.14 Base Repair 600 S.Y. $ $

7.16 Profile Mill 0-2” Depth 9,400 S.Y. $ $

7.20 Paving Fabric 9,400 S.Y. $ $

TOTAL BID AMOUNT OF BID ALTERNATE NO. 1 – SALT ROAD: $

PROJECT NO. 6 – BID ALTERNATE NO. 2 - EAST PENN DRIVE

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance & Protection of

Traffic 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.05.02 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Wearing Course 0.0-<0.3 Million ESALs, SRL-L, 1.5” Depth 1,310 Tons $ $

7.05.11 Superpave Asphalt Mixture

Design, 9.5mm, PG64S-22 Superpave Scratch Course

0.0 to <0.3 Million ESALs, 0”-1” Depth 655 Tons $ $

7.13.01 24” Thermoplastic White Line 186 L.F. $ $

7.13.04 6” Thermoplastic White Line Striping 1,060 L.F. $ $

7.13.07 Thermoplastic Legend

“Arrow” (12’x3’) 13 Ea. $ $

7.13.11 4” White Painted Lines 625 L.F. $ $

7.13.13 4” Double Yellow Painted

Lines 2,610 L.F. $ $

7.14 Base Repair 600 S.Y. $ $

3-11

Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

7.16 Profile Mill 0-2” Depth 13,675 S.Y. $ $

7.20 Paving Fabric 13,675 S.Y. $ $

7.32 Traffic Loop Detector 5 Ea. $ $

TOTAL BID AMOUNT OF BID ALTERNATE NO. 2 – EAST PENN DRIVE: $

3-12

TOTAL AMOUNT OF BID BASED

ON ESTIMATED QUANTITIES: $ ________________________________

TOTAL AMOUNT OF BID (written in words)

SUBMITTED ON _____________________________, 20_____.

TABULATION OF ALL SUBCONTRACTORS

K:\483341800\Contract Administration\Specs\2026 Roadway Improvements - Contract No. 1\Section 3 PB.docx

BID RECAP

Project No. 1 – Acri Meadow Road: $

Project No. 1 – Acri Road: $

Project No. 1 – Annette Drive: $

Project No. 1 – Sharon Road: $

Project No. 1 – Randi Road: $

Project No. 1 – Kelly Court: $

Project No. 1 – Susan Circle: $

Project No. 1 – Wexford Drive: $

Project No. 1 – Edenderry Way: $

Project No. 2 – Storm Sewer Authority Improvements: $ Project No. 3 – Sanitary Sewer Improvements: $ Project No. 4 – Pavement Escalator Allowance: $ 50,000.00 Project No. 5 – Bid Alternate No. 1 – Salt Road: $ Project No. 6 – Bid Alternate No. 2 – East Penn Drive: $

TOTAL AMOUNT OF BID BASED ON ESTIMATED QUANTITIES: $

NON-COLLUSION AFFIDAVIT

OF PRIME BIDDER

State of:

SS:

County of:

Before me personally appeared the undersigned , who, on oath says that he/she has submitted to the a bid and offer to do the following work under contract as set-up in the plans and specifications attached hereto.

a. By submission of this bid, each bidder and each person signing on behalf of any bidder, certifies, and in the ease of a joint bid, each party thereto certifies as to its own organization under penalty of perjury, that, to the best of his knowledge and belief;

1. The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competition;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder, and will not be knowingly disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor; and

3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation, to submit or not to submit a bid for the purposes of restricting competition.

Signed:

Title:

Sworn to and subscribed before me the undersigned notary public this day of , _______.

(Seal) Notary Public

My Commission Expires:

N:\Admins\2-Project Execution\Specifications\Non-Collusion Affidavit of Prime Bidder.docx

Street Address 2

City State Zip Code

Doing Business As:

(if different from Legal Name)

Commonwealth of Pennsylvania Public Works Employment Verification Form

Complete and return the form to the contracting Public Body prior to the award of the contract.

Company Legal Name: ___________________________________________________________

Mailing Address: ______________________________________________________

Check one: Contractor Subcontractor

Contracting Public Body: _________________________________________________________

Contract/Project Number: ________________________________________________________

Project Description: _____________________________________________________________

Project Location: _______________________________________________________________

Date Enrolled in E-Verify (MM/DD/YYYY): ___________________________________________ As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of today’s 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 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.

Authorized Representative Signature Date of Signature

Printed Name: _________________________________________________________________

Phone Number: ______________________ Email: ____________________________________

Street Address 1

BB-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS that we, (hereinafter called the “Principal”) as Principal, and a corporation authorized to transact business in Pennsylvania, and having its principal office at

(hereinafter called the “Surety”) as surety, are held and firmly bound unto

(hereinafter called the “Obligee”) as Obligee, in the sum of

DOLLARS ($ ),

lawful money of the United States of America; for the payment of which we bind ourselves, and each of our respective heirs, legal representatives, successors, and assigns, jointly and severally, by these presents, on this day of , 20 .

WITNESSETH THAT:

WHEREAS, said principal is herewith submitting to the Obligee a proposal to perform the contract work for the Obligee’s, proposed pursuant to plans, specifications and other Contract Documents incorporated into said proposal by reference; and it is a condition of the Obligee’s receipt and consideration of said proposal that the proposal be accompanied by bid security to be held by the Obligee on terms embodied herein.

THEREFORE, the condition of this obligation is that if said principal shall furnish a performance bond, payment bond, and insurance certificates to the Obligee upon the Obligee’s delivery to the principal of fifteen days notice of intention to accept his proposal and to make a formal award of contract to him, and shall enter into such contract in all respects as required by said Contract Documents, then this obligation shall be void; but otherwise it shall remain in full force, and the principal and surety will pay to the Obligee the difference between the amount of the Principal’s accepted bid(s) and any higher amount for which the

Obligee may contract for the required work, plus any advertising, architect’s, legal and other expenses

BB-2

incurred by the Obligee by reason of the default; provided, however, that the obligations of the Surety hereunder shall not exceed the amount of this bond together with the interest.

IN WITNESS WHEREOF, the Principal and Surety, intending to be legally bound, have executed this bond the day and year aforementioned.

(Individual Principal)

(SEAL)

Witness: (Signature of Individual)

Trading and doing business as

(Partnership Principal)

(SEAL)

(Name of Partnership)

Witness:

By:

(SEAL) (Partner)

BB-3

(Corporation Principal)

(Name of Corporation)

ATTEST:

Title or (if appropriate)

*By:

(Authorized Representative)

Witness or Attest:

*Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the Corporation.

(Corporation Surety)

Witness or Attest:

**By:

Title

(CORPORATE SEAL)

**Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-In-Fact to act in behalf of the Corporation.

N:\Admins\2-Project Execution\Specifications\Bid Bond (complete).docx

SECTION 4

Agreement and Bond Forms

4-1

AGREEMENT

THIS AGREEMENT is dated as of the ____ day of ___________, in the year 20___, by and between East Pennsboro Township (hereinafter called OWNER) and _____________________ (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows:

2026 Roadway Improvements

Article 2. ENGINEER

The Project has been designed by C.S. Davidson, Inc., who is hereinafter called ENGINEER and who will assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIME

3.1 The Work will be substantially completed within one hundred fifty (150) calendar days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially completed within the time specified in Paragraph 3.1, above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially completed.

Article 4. CONTRACT PRICE

4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds on the basis of the lump sum and/or unit prices for the item or items set forth in the Bid attached hereto, incorporated herein and made a part hereof. The number of units contained in this bid is approximate only, and the final payment shall be made for the actual number of units that are incorporated in, or made necessary by, the work covered by the Agreement.

Article 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment, as recommended by ENGINEER, monthly during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Paragraph 14.01 of the General Conditions.

4-2

5.1.1 Prior to fifty percent (50%) completion of the project (as computed on the basis of the Contract Price), progress payments will be in…