Bid #26-2

BIDDING DOCUMENTS

FOR

2026 Street Improvements

TO BE SUBMITTED VIA THE PENNBID PROGRAM (HTTPS://PENNBID.BONFIREHUB.COM)

BOROUGH OF EPHRATA

124 SOUTH STATE STREET

EPHRATA, LANCASTER COUNTY, PENNSYLVANIA

Bid Advertisement to LNP Media Group, Inc.: Friday, May 8, 2026 (E-mail)

Advertise: 5/13/2026 & 5/20/2026 (Ephrata Review) PennBid: Friday, May 15, 2026 Open Date: Tuesday, June 16, 2026 @ 10:00 AM (PennBid)

Questions Due: Thursday, June 4, 2026 @ Noon

Highway Committee Meeting: Monday, June 22, 2026 @ 5:30 PM Award Date: Monday, July 13, 2026 @ 7:00 PM

BID #26-2

2026 STREET IMPROVEMENTS

TABLE OF CONTENTS

Note: This table of contents is for convenience only; its accuracy is not guaranteed, and it is not to be considered as a part of the Contract Documents.

SECTION

Bid Advertisement AD-1

Definitions 1

General Bid Requirements 2

Specific Bid Requirements 3

Proposal and Contract Forms 4

Bid Bond & Agreement of Surety 5

Affidavits 6

Performance Bond 7

Payment Bond 8

PennDOT Certificate of Compliance Instructions & Form 9

Project Completion Certificate 10

Public Works Employment Verification Form 11

Prevailing Minimum Wage Determination Attached

Ephrata Borough Curb & Sidewalk Construction Specifications Attached

Drawings Attached

INVITATION TO BID

Sealed Bids for 2026 Street Improvements – Ephrata Borough Bid #26-2 will be received by the Borough of Ephrata via

PennBid (https://pennbid.bonfirehub.com) until 10:00 AM, local prevailing time, on Tuesday, June 16, 2026, at which time all bids will be publicly opened online.

In general, the work shall consist of, but not be limited to, furnishing all required bonds, insurances and forms, general superintendence, labor, materials, equipment, appurtenances and incidentals required for completion of the prescribed street improvements, including, but not limited to: ADA ramp installations, pavement base repairs, mechanical milling of approximately 24,500 SY of existing asphalt pavement surfaces, asphalt overlay approximately 24,500 SY of milled pavement surfaces, pavement markings, mobilization/demobilization, traffic control including establishment of approved detour routes and all else necessary or required to satisfactorily complete the project.

These street improvements are partially funded by PennDOT Liquid Fuels funds.

Each bid shall be accompanied by a bid bond in the required form, certified check, letter of credit, or other security acceptable to the Borough of Ephrata in the amount of 10% of the bidder’s total amount of their base bid.

This contract is subject to current Pennsylvania Prevailing Wage Act conditions.

This contract is subject to PA Act 127 (Public Works Employment Verification). Contractors must submit verification forms acknowledging compliance with the Federal law concerning the use of the E-Verify Program. Providing verification is a pre-condition of the award of the contract.

The Borough of Ephrata reserves the right to accept or reject any or all bids and to award the bid in the best interests of the

Borough.

All documents and solicitation details are available online for no cost at PennBid - https://pennbid.bonfirehub.com.

By Authority of Ephrata Borough Council

Karen A. Gerhart, Borough Manager/Secretary

AD-1

SECTION 1 – DEFINITIONS

When used in this document, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:

1.01 AWARD...The Borough's written acceptance of a proposal.

1.02 BAD WEATHER DAY…A day which work cannot be provided due to inclement weather conditions, as applicable, determined by the Engineer. If work is provided for (4) four hours or more it will NOT be considered a bad weather day.

1.03 BIDDER...Any individual, firm, partnership, corporation or joint venture, submitting a proposal for the work contemplated and acting either directly or through an authorized agent.

1.04 BOROUGH (OWNER)...Meaning Borough of Ephrata

1.05 CALENDAR DAY...Every day shown on the standard calendar.

1.06 CONTRACT...The written agreement between the Borough and the contractor for the prosecution of the work.

The contract includes but is not limited to: Proposal; Plans; Specifications; Agreement; Insurance Certificates; Forms;

Notice to Proceed and all work orders, purchase orders and supplemental agreements which may be required.

1.07 CONTRACT ITEM (PAY ITEM)...A unit of work for which a price is provided for in the contract.

1.08 CONTRACTOR...The individual, firm, partnership, corporation, or joint venture awarded the contract; acting directly through agents or employees, or the surety in case of default; or each participant in a joint venture.

1.09 DEPARTMENT...Pennsylvania Department of Transportation, as applicable.

1.10 ENGINEER (OWNER)...Borough of Ephrata Engineering Department or its authorized representative.

1.11 FABRICATOR...A firm, company, or individual supplying fabricated material(s) for the project.

1.12 INSPECTOR-IN-CHARGE...Authorized field representative in immediate charge of inspecting work performance on the project, for the Borough of Ephrata.

1.13 JOINT VENTURE...A legal association of contractors or subcontractors, limited to three participants, formed for the purpose of bidding, and executing a common contract.

1.14 LOCAL TRAFFIC...Vehicular traffic that originates or is terminated within the project limits.

1.15 MANUFACTURER...A firm, company, or individual manufacturing material for the project.

1.16 MATERIAL...Substances specified for use in the project.

1.17 NOTICE TO PROCEED DATE...The date established in writing by the Borough, on which work is to commence.

1.18 PENNDOT...Refers to the Pennsylvania Department of Transportation.

1.19 PLANS...The approved documents or drawings, or exact reproduction of them, for construction of the project.

1.20 PROJECT...All the work described in the proposal.

1.21 PROPOSAL...The offer of a bidder, on the proposal form, to construct the project and/or delivery services at the prices bid or predetermined.

1.22 PROPOSAL FORMS...The Borough forms on which proposals are prepared and submitted for the work.

1.23 PROPOSAL GUARANTY...The security furnished with a proposal, to guarantee that the bidder will enter into a contract, if the proposal is accepted.

1.24 REQUIRED COMPLETION DATE...The date on which all physical contract work, including any authorized additional or extra work, is to be satisfactorily completed.

1.25 RIGHT-OF-WAY...The area that has been secured and reserved by the Borough or PennDOT for highway purposes.

1.26 ROADSIDE DEVELOPMENT...Items for seeding, sodding, mulching, top soiling, planting of ground covers, other planting, and items for erosion control, as applicable.

1.27 SITE...Various streets within the municipal boundaries of the Borough of Ephrata, Lancaster County, Pennsylvania. Street segments will be identified and further defined within the bidding documents and plans.

1.28 SKID RESISTANCE LEVEL (SRL)...The friction rating of a surface course material, as applicable.

1.29 SPECIFICATIONS...This publication and all publications to which it refers.

1.30 STRUCTURES...Bridges, culverts, storm sewer appurtenances, slope and retaining walls, sign support structures and other similar items.

1.31 SUBCONTRACTOR...Any individual, partnership, firm, corporation, or joint venture, who/which undertakes, with prior consent of the Borough, the partial or total construction of one or more items of project work, under the terms of the contract, with and responsible to the prime or general contractor by virtue of an agreement.

1.32 TRAFFIC CONTROL PLAN...A developed method or scheme for safely and efficiently moving traffic through or around the project work zone, if applicable.

1.33 VENDOR...A firm, company, or individual supplying material for the project.

1.34 WORK...The furnishing of material, labor, equipment, and other incidentals necessary or convenient for successful project completion, plus the fulfillment of all duties and obligations imposed by the contract.

1.35 WORK CHANGE ORDER...Signed by the Engineer, authorizing the performance of additional or extra work. The contractor shall initiate all work orders.

1.36 WORKING DAY...Monday, Tuesday, Wednesday, Thursday, and Friday excluding holidays. Holidays include New

Year’s Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving (2 days) and

Christmas (2 days). Saturdays as approved by the Borough. No Sunday work except in the event of an emergency.

1.37 WORKING HOURS...The hours permitted for the contractor to complete work during a working day: between 7:00

AM - 7:00 PM. These working hours are available unless restricted by the Owner or as otherwise approved by an authorized representative of the Borough.

SECTION 2 - GENERAL BID REQUIREMENTS

ITEM PAGE

2.00 PREPARATION OF THE BID (PENNBID) 7

2.01 BID SECURITY 7

2.02 BID FORM AND SUBMITTAL OF BIDS 8

2.03 AWARD OF BID 8

2.04 TAXES 8

2.05 QUESTIONS 8

2.06 AUTHORITY TO EXECUTE BID AND CONTRACT 8

2.07 PRE-BID MEETING 9

2.08 FAMILIARITY WITH THE SPECIFICATIONS 9

2.09 PRE-CONSTRUCTION AND SCHEDULING MEETING 9

2.10 RECEIPT, MODIFICATIONS AND WITHDRAWAL OF BIDS 9

2.11 BID PRICE 9

2.12 CHANGE ORDERS 9

2.13 MISTAKES OR OMISSIONS 9

2.14 JOB SUPERINTENDENT 10

2.15 JOB EMPLOYEES 10

2.16 SUB-CONTRACTORS 10

2.17 FINAL PAYMENT 10

2.18 INSURANCES 10

2.19 SURETY BONDS 11

2.20 AFFIDAVITS 12

2.21 INTERPRETATION OF ESTIMATED QUANTITIES 12

2.22 NOTICE TO PROCEED 12

2.23 TIME EXTENSIONS AND REDUCTIONS 12

2.24 ASSIGNMENTS 12

2.25 CANCELLATION 12

2.26 WATERWAY REGULATIONS AND WATER POLLUTION 12

2.27 ACCESSIBILITY OF FIRE HYDRANTS 13

2.28 DAILY REMOVAL OF EQUIPMENT AND MATERIALS 13

2.29 PERSONAL LIABILITY OF PUBLIC OFFICIALS 13

2.30 OCCUPATIONAL SAFETY AND HEALTH 13

2.31 CARE OF PUBLIC AND PRIVATE PROPERTY 13

2.32 RESPONSIBILITY FOR DAMAGE CLAIMS 13

2.33 LAWS TO BE OBSERVED 13

2.34 SUBLETTING OF CONTRACT(S) 14

2.35 WARRANTY 14

2.36 LIQUIDATED DAMAGES 14

2.37 PUBLIC WORKS EMPLOYMENT VERIFICATION FORM 14

2.38 PREVAILING MINIMUM WAGE RATES 14

2.39 REMOVAL AND DISPOSAL OF EXCAVATED MATERIAL 14

2.40 COMPLIANCE WITH PROVISIONS OF ACT 287 15

2.41 PENNDOT NOTICE OF INSPECTION FORM REQUIREMENTS 15

2.42 STEEL PRODUCTS PROCUREMENT ACT 15

2.43 EXISTING UTILITIES AND STRUCTURES 15

2.44 CONTRACTOR QUALIFICATIONS 16

SECTION 2 - GENERAL BID REQUIREMENTS

2.00 PREPARATION OF THE BID (PENNBID)

The Borough of Ephrata along with many Pennsylvania municipalities, Authorities, and private firms is utilizing the

PennBid™ electronic bid management system for their bid solicitations, and RFP’s and RFQ’s. Using PennBid is beneficial to both agency and bidder. Costs and bidding effort are greatly reduced as bid documents are available online, all questions and answers are transmitted by email, and sealed bids can be submitted and updated online. Interested bidders need to register only once, a free process that takes only a few minutes. Once registered, bidders have access to publicly available bids and solicitations from every Agency within PennBid, plus available

“by invitation only” RFP’s and RFQ’s. Bidders can obtain all project documents and submit and update their confidential bids online.

Bidding Documents – Bidding documents are available at no cost via the PennBid Program

(https://pennbid.bonfirehub.com).

Interpretations and Addenda – Bidder shall submit all questions about the meaning or intent of the Bidding

Documents via the “Messages/Vendor Discussions” feature in PennBid by no later than Thursday, June 4, 2026 at noon.

Preparation of Bid – Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

Submittal of Bid – Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated in the Invitation for Bids along with the Bid security and the other documents required to be submitted as identified herein

Modification and Withdrawal of Bid – A Bid may be withdrawn or modified at any time within PennBid prior to the due date and time identified in the Invitation for Bids.

Opening of Bids – After bid opening, the time of which is listed in the Invitation to Bid, a public notice will be issued via PennBid containing any available bid results. It should be noted that bid results are subject to further review and should not be construed as issuance of an award.

Important Note – The aforementioned information may be updated periodically on PennBid.

2.01 BID SECURITY

Each bid must be accompanied by a bid bond (see attached form within bid documents) or a certified check drawn on, or a treasurer’s or cashier’s check issued by, a responsible bank or trust company, payable to the Borough of Ephrata. The bank or trust company must be satisfactory to and approved by the Borough of Ephrata. The bid security shall be provided in an amount equal to 10% of the total bid price. An electronic copy of fully executed bid bond and surety shall be uploaded with online sealed bid. Upon request, following online bid opening, bidders should provide an original copy of bid security.

In case a party to whom a contract is awarded shall fail or neglect to execute the agreement and furnish the satisfactory bonds within the time specified, the Borough of Ephrata may determine that the Bidder has abandoned the contract, and thereupon the bid forms and acceptance shall be null and void and the bid security accompanying the bid form shall be forfeited to the Borough of Ephrata as liquidated damages for such failure or neglect and to indemnify the Borough of

Ephrata for any loss which may be sustained by failure of the Bidder to execute the agreement and furnish the bonds as aforesaid, provided that the amount forfeited to the Borough of Ephrata shall not exceed the difference between the bid price of said Bidder and that of the next lowest responsible and eligible bidder and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such bid security may be returned to the Bidder. After execution of the agreement and acceptance of the bonds by the Borough of Ephrata, the bid security accompanying the https://pennbid.bonfirehub.com/ bid form of the successful Bidder will be returned upon request by the successful bidder.

2.02 BID FORM AND SUBMITTAL OF BIDS

Each Bid shall be submitted electronically via the PennBid Program (https://pennbid.bonfirehub.com). Each Bid shall include completing the schedule of values section, bid acknowledgement section, and uploading the following documents in a single electronic file or single zipped folder:

Bid Proposal – Section 4

Bid Bond – Section 2.01

References List – Section 2.44

Non-Collusion Affidavit, Non-Discrimination Affidavit, and Workers’ Compensation Affidavit – Section 2.20

Authority to Execute Bid & Contract – Section 2.06

PA Act 127 Public Works Employment Verification Form – Section 2.37

2.03 AWARD OF BID

The Contract will be awarded to the lowest responsible and eligible Bidder (Successful Bidder). Such a Bidder shall possess the skill, ability, and integrity necessary for the faithful performance of the work prescribed. The term

“lowest responsible and eligible Bidder” as used herein shall mean the Bidder whose Bid is the lowest of those

Bidders possessing the skill, ability and integrity necessary for the faithful performance of the work prescribed.

The Ephrata Borough Council reserves the right to accept or reject any or all bids and to waive any informality in the bidding process, including the right to disregard all nonconforming, nonresponsive or conditional Bids. A Bid which includes for any bid item a Bid Price that is abnormally low or high may be rejected as unbalanced. The contract will not be awarded solely on a cost basis. The completeness of the submittal information with the bidding documents and the ability of the Bidder to meet or exceed the Bid Specifications will be important factors in Contractor selection although no specific formula is proposed. The award decision of the

Borough will be final. Awarded bid prices shall remain effective, and not change, during the contract term, which begins with the successful award of the contract and terminates when the project is satisfactorily completed.

It is the intention of the Borough to award the bid contract at a meeting of the Borough of Ephrata Council to be held at 7:00 P.M., local prevailing time, Monday, July 13, 2026. Awarded bid prices shall remain effective, and not change, during the contract term, which begins with the successful award of the contract and terminates when the project is satisfactorily completed.

2.04 TAXES

It shall be the sole responsibility of the Contractor to determine the applicability of Pennsylvania State Sales and Use

Taxes on materials and supplies to be used in all aspects of the work. Only said taxes determined by the Contractor to be specifically applicable to the work shall be included in the contract price. The Contractor shall obtain the proper certificates, maintain the necessary records, and otherwise comply with current Pennsylvania State Sales and Use Tax requirements for all exempt materials and supplies. The Borough will not make a separate payment for any taxes.

2.05 QUESTIONS

Any questions, exceptions to any of the minimum specifications and/or requests for information regarding these specifications shall be in accordance with and submitted electronically for this Bid via the PennBid Program

(https://www.pennbid.net).

2.06 AUTHORITY TO EXECUTE BID AND CONTRACT

If the Bidder is a corporation, attach a certified copy of an appropriate corporate resolution of the Board of Directors of the Corporation authorizing an officer of the Corporation to execute the Bid and the Contract contained within this document on behalf of the Corporation. The Certified Resolution submitted must clearly show to the satisfaction of the

Borough of Ephrata that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so on its behalf. An electronic copy of the authority to execute the bid and contract shall be uploaded with your online sealed bid.

The corporation to which a contract is to be awarded will be required to furnish certificates as to its corporate existence.

2.07 PRE-BID MEETING

No pre-bid meeting is scheduled for this bid.

2.08 FAMILIARITY WITH THE SPECIFICATIONS

All bidders are requested to carefully examine the bid documents of the project, the work proposed, proposal, and specifications. It will be assumed that any incidental work will be taken into consideration in the bid and will not constitute the basis for a claim for extra compensation.

2.09 PRE-CONSTRUCTION AND SCHEDULING MEETING

The successful bidder shall schedule with the Borough a pre-construction meeting at which time the entire project will be reviewed and a schedule agreed upon.

2.10 RECEIPT, MODIFICATIONS AND WITHDRAWAL OF BIDS

Sealed Bids for the work of this contract will be received by the Borough of Ephrata online via PennBid until

10:00 AM, local prevailing time, on Tuesday, June 16, 2025, unless postponed, cancelled, or extended by the

Borough of Ephrata. Unless modified, at that time all bids will be publicly opened online. The Borough of Ephrata may consider informal any Bid not prepared and submitted in accordance with the provisions hereof. Bids may be modified via PennBid at any time prior to the opening of bids. Bids may be withdrawn prior to the scheduled time

(or authorized postponement thereof) for the opening of Bids. No Bid may be withdrawn for a period of sixty (60) calendar days after scheduled closing time for bid receipt, except as permitted by law.

2.11 BID PRICE

The bid price must cover the cost of furnishing all materials, labor, tools, equipment and hardware necessary to satisfactorily complete the prescribed work, as well as any required supervision, bonds and insurances, which may be required.

2.12 CHANGE ORDERS

Change order(s) shall be based upon agreement among the Owner, Contractor, and Engineer, as applicable; the

Engineer or authorized representative may issue an order for a minor change in construction.

If the request for change order provides for an adjustment or addition to the contract sum, Owner and Contractor shall agree upon change order methods and applicable dollar unit amounts and dollar total amounts for the proposed change(s). In any case, the Contractor shall initiate all change order paperwork.

In the event expeditious or contested changes are required, the Owner will issue a Construction Change

Directive using AIA Document G714, 1987 Edition, or acceptable current edition. Signature on this document contract indicates the Contractor’s acceptance of this procedure and document.

2.13 MISTAKES OR OMISSIONS

Claims because of mistakes or omissions by the contractor in the bids will not be considered. In case a bidder finds discrepancies or omissions in the proposal or specifications or is in doubt as to the meaning intended he should follow instructions shown in Section 2.05 Questions.

2.14 JOB SUPERINTENDENT

The contractor shall at all times have on the project site a competent person in charge of the work who shall have the authority to act for the contractor in the execution of the contract work and for any consultation necessary with the owner.

2.15 JOB EMPLOYEES

The contractor shall have competent and efficient workmen qualified for the type of work to be done. All workmanship shall be first class.

2.16 SUB-CONTRACTORS

Any sub-contractor must be approved by the Borough of Ephrata prior to their being allowed to work on the project.

2.17 FINAL PAYMENT

The Borough shall make final payment of all monies due the contractor within thirty (30) days after satisfactory completion and acceptance of the work.

2.18 INSURANCES

The Contractor and approved sub-contractor(s) shall purchase and maintain at its own cost and expense during the entire term of this Contract, property damage and liability insurance with required limits to protect both the

Contractor and the Borough of Ephrata from liability. The Contractor and approved sub-contractor(s) shall also insure payment of compensation to its employees in accordance with the current workers’ compensation laws of the

State of Pennsylvania.

Evidence of Compliance

Within ten (10) calendar days after execution of the Contract by the parties and prior to any work beginning, the Contractor and approved sub-contractor(s) shall furnish the Borough with the required CERTIFICATE(S) OF

INSURANCE, declaration pages for each policy of insurance (except the Professional Liability Insurance, for which the certified insurance policy is required), and any other documents which the Borough may require, such as copies of policies or endorsements, as evidence of compliance with these insurance requirements in the amounts as specified or noted below. The Carrier Rating shall be Best’s Rating of A-VII or better or its equivalent unless the

Borough grants specific approval for an exception. The Borough hereby grants specific approval for the acquisition of workers’ compensation and employer’s liability insurance from the State Workers’ Insurance Fund (SWIF) of

Pennsylvania.

Only certificates of insurance from companies licensed to do business in the Commonwealth of Pennsylvania and acceptable to the Borough will be approved.

Such certificates or other documents must be approved in writing by the Borough before this Contract is effective.

Policies to Remain in Force

All insurance coverage which the Contractor and approved sub-contractor(s) are required to provide for the Contract shall be maintained in full force and effect for the entire duration of the Contract term and any extensions thereof.

All policies shall provide for a minimum of thirty (30) days prior written notice to the Borough Manager’s office, before cancellation, non-renewal or material change by the insurance company writing any such policies. If such notice is not provided for within the basic terms of the policy, it shall be provided by endorsement or notation in the certificate.

Replacement Coverage Required

In the event that any or all of the insurance coverage required by the Contract is cancelled, non-renewed or is reduced below the required minimum limits or caused or permitted to lapse, then the Contractor and/or approved sub-contractor(s) will be suspended from further performance of the Contract until such time as replacement coverage satisfactory to the Borough has been obtained and is in force and the Borough will make no further payments to the Contractor until such requirement is satisfied.

The Contractor and approved sub-contractor(s) shall have all liability policies other than Auto Liability, Workers’

Compensation and Professional Liability Policies, as applicable, endorsed to include the Borough of Ephrata and its elected or appointed officials, directors, officers, and employees as additional insured as their respective interests may appear in accordance with the Contractor’s performance of this Contract.

Required Coverage

The Contractor and approved sub-contractor(s) shall, as an express condition of payment under this Contract, secure and maintain at its own cost and expense, the following kinds and amounts of insurance, with minimum limits of liability, not less than those specified below:

Workers’ Compensation Insurance

As required by the applicable laws of the Commonwealth of Pennsylvania, the Contractor shall maintain during the life of this Contract Workers’ Compensation Insurance for their employees. Coverage must be in accordance with statutory requirements and include Employer’s Liability.

Commercial Liability Insurance

$1,000,000 Combined Single Limit (Bodily Injury and Property Damage) per occurrence. The Commercial General

Liability Policy shall include Contractual Liability Coverage.

Business Automobile Liability Insurance

$1,000,000 Combined Single Limit (Bodily Injury and Property Damage) each accident. The Business Automobile

Liability Policy shall include Contractual Liability Coverage.

Umbrella Excess Liability or Excess Liability Insurance

$2,000,000 per occurrence; $2,000,000 aggregate for other than products/completed operations and auto liability;

and $2,000,000 products/completed operations aggregate and including all of the following coverages on the applicable schedule of underlying insurance: Commercial general liability; Business auto liability; and Employer liability.

2.19 SURETY BONDS

The successful bidder, when awarded the contract, shall furnish a Performance Bond, with sufficient surety(ies), in an amount equal to 100% of the contract price. The contractor shall also furnish a separate Payment Bond in the amount of 100% of the contract price. A Corporate Surety, legally authorized to transact business in Pennsylvania, currently listed in the United States Department of the Treasury Circular 570 and satisfactory to the Borough, must execute both bonds.

2.20 AFFIDAVITS

Each bidder shall submit an executed Non-Collusion Affidavit, Non-Discrimination Affidavit and Workers'

Compensation Affidavit. An electronic copy of each fully executed Affidavit shall be uploaded with online sealed bid.

2.21 INTERPRETATION OF APPROXIMATE ESTIMATE OF QUANTITIES

The estimate of quantities, shown on the PennBid bid form and in the contract, is approximate and is shown only as a basis for the calculation upon which a bid award may be made. The Borough reserves the right to increase, to decrease, or to omit any of the quantities of the work due, which may limit the amounts of work to be completed, as applicable. It is to be understood that these quantities may be adjusted at any time from bid opening through project completion, without any adjustments in the unit prices as bid, unless exclusively negotiated between the Borough and

Contractor and mutually accepted by both parties.

2.22 NOTICE TO PROCEED

As soon as practical after receipt and approval of the executed contract, bonds and insurance certificate by the Borough or their authorized representative, a written Notice to Proceed will be sent specifying a calendar date on which work may commence. The Contractor is required to start work on the Notice to Proceed date and complete all work, including any authorized extra work, on or prior to the completion date or time allotted. The Notice to Proceed will be issued within ten

(10) days after proper bond(s) submittals. Extension or extensions of the 10-day period will be accepted only by mutual written consent of the parties to the contract provided such written consent is given prior to the expiration date of the 10-day period. PROJECT MUST BE SATISFACTORILY COMPLETED WITHIN FORTY (40) CONSECUTIVE

WORKING DAYS FROM START DATE OF WORK. ALL WORK MUST BE FINALLY AND

SATISFACTORILY COMPLETED PRIOR TO FRIDAY, OCTOBER 16, 2026.

2.23 TIME EXTENSIONS AND REDUCTIONS

The Engineer or authorized representative, in his discretion, may issue a time extension or reduction, in writing, if the anticipated Notice to Proceed Date in the proposal may not be or has not been reasonably met. Such time extension may only be made if the Contractor requests it and the anticipated Notice to Proceed Date in the proposal may not be or has not been reasonably met through no fault of the Contractor.

If the Engineer, or his authorized representative, orders additional or extra work, which affects progress in one or more controlling operations, a time extension will be issued. In any case, the Engineer or his authorized representative will issue all extensions and/or reductions in writing.

2.24 ASSIGNMENTS

It is agreed that the successful bidder will not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same, or any part thereof, without previous written consent of the Borough and any sureties.

2.25 CANCELLATION

The Borough reserves the right to cancel this contract or any portion thereof immediately should the Contractor’s services and/or materials be unsatisfactory or the Contractor fails to comply with terms stated in the contract.

2.26 WATERWAY REGULATIONS AND WATER POLLUTION CONTROL

Comply with all applicable County, State, and Federal laws and regulations preventing the pollution of surface water and ground water resources.

2.27 ACCESSIBILITY OF FIRE HYDRANTS

Make necessary arrangements with the local authorities to provide fire protection at all times. Keep the fire hydrants adjacent to the work readily accessible to fire apparatus and do not place material or any other obstruction within fifteen (15) feet of any fire hydrant.

2.28 DAILY REMOVAL OF EQUIPMENT AND MATERIALS

It shall be the sole responsibility of the Contractor to procure an appropriate site for storage of all equipment and materials which must be removed from the project area on a daily basis, unless otherwise approved by an authorized

Borough representative.

2.29 PERSONAL LIABILITY OF PUBLIC OFFICIALS

In carrying out any of the provisions of these specifications or in exercising any power or authority granted to them by or within the scope of the contract, no liability may be placed upon the Secretary, Manager, Engineer, or their authorized representatives, either personally or as officials of the Borough.

2.30 OCCUPATIONAL SAFETY AND HEALTH

Comply at all times with applicable Federal, State and Local laws governing safety and health.

When, in the Engineer's opinion, employees are exposed to extraordinary conditions which could or do constitute a hazard, modify such equipment, devices, and job procedures to insure protection against the hazard or to reduce the risk to the employees engaged in project work.

2.31 CARE OF PUBLIC AND PRIVATE PROPERTY

Use special care in the performance of the work in order to avoid interference or damage to public and private property;

however, where there is any possibility of interference or damage to public or private property, make satisfactory arrangements to restrict the immediate area of work and take necessary precautions during the work. Make these arrangements before work is started.

Promptly make restitution for or satisfactorily repair or restore damaged public or private property.

2.32 RESPONSIBILITY FOR DAMAGE CLAIMS

Furnish insurance certificate(s), as specified in Section 2.18 of these requirements, to indemnify and save harmless the

Borough of Ephrata Council, its officers, agents, and employees from all suits, actions, or claims of any character, name and description, brought for or on account of any injuries or damages received or sustained by any person, persons, or property during the performance of the work by the Contractor, whether the same is due to the use of defective material, defective workmanship, neglect in safe-guarding the work or public interests, or by, or on account of any act, omission, neglect, or misconduct of the Contractor.

Also, indemnify and save harmless the Borough of Ephrata Council, its officers, agents and employees from cases due to

Contractor irresponsibility, or from any claims for amounts arising or recovered under the Worker's Compensation Law, or any other law, bylaw, ordinance, order, or decree.

2.33 LAWS TO BE OBSERVED

At all times, observe and comply with the following, and post as/if required: all Federal, State and local laws, ordinances, and regulations which affect the conduct of the work or which apply to employees working on the project; all orders or decrees which have been or may be enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees or contract.

Protect and indemnify the Borough of Ephrata and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulations, order, or decree, including violations by contractor employees.

If statutes, results and/or regulations are added or amended, perform all additional and/or extra work considered necessary, as ordered in writing, and directed. If necessary, this additional or extra work will be paid for as a separate item according to unit prices already established or as a lump sum extra item agreed upon by the Borough and the Contractor.

2.34 SUBLETTING OF CONTRACT(S)

Do not sublet, sell, transfer, or otherwise dispose of the contract or contracts or any portion or rights, title, or interest, without written consent from the Borough of Ephrata or its authorized representative(s).

Upon request, for the purpose of monitoring compliance with the provisions of the contract, furnish the Borough, or its authorized representatives, a copy of any subcontract, rental agreement, or other sublet of the contract.

2.35 WARRANTY

The Contractor shall provide a warranty for both labor and materials for a minimum period of one (1) year from the date of satisfactory project completion on any products and services provided to the Borough in accordance with this

Contract, unless specified and agreed upon otherwise.

2.36 LIQUIDATED DAMAGES ASSESSMENT

Provisions for liquidated damages are set forth in the Contract Agreement.

2.37 PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Each bidder shall submit the required, executed Public Works Employment Verification Form(s) in accordance with Act

127 of 2012 as enacted by the Commonwealth of Pennsylvania. This Act requires that all public work contractors and sub-contractors utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public works projects are authorized to work in the United States.

Each contractor, and their sub-contractors, submitting a bid for this project must complete and submit with their bid documents the PUBLIC WORKS EMPLOYMENT VERIFICATION FORM(S) included with these bid documents.

Failure to include the required verification form(s) may result in bid disqualification. An electronic copy of the Public

Works Employment Verification Form shall be uploaded with online sealed bid.

2.38 PREVAILING MINIMUM WAGE RATES

Minimum wage rates as determined by the Pennsylvania Prevailing Wage Act shall apply to this project based on project cost estimate. The State wage determinations are provided as part of these bid documents. It is the sole responsibility of the Contractor, before bid opening, to request, if necessary, any additional information on Minimum Wage rates for those tradespeople who may be employed for the proposed work prescribed under this contract. Contact the Pennsylvania

Department of Labor and Industry – Bureau of Labor Law Compliance at 800-932-0665 for additional information.

2.39 REMOVAL AND DISPOSAL OF EXCAVATED MATERIAL

It shall be the sole responsibility of the Contractor to procure an appropriate site for disposal of any excavated or potential reclaimed material which must be removed from the project area on a daily basis. Any excavated or potential reclaimed material remaining on site must be approved by the Borough Engineer or his authorized representative.

2.40 COMPLIANCE WITH PROVISIONS OF ACT 287

Pennsylvania General Assembly Act. No. 287 and as amended and supplemented by Act 38, December 12, 1991, sets forth requirements designed to protect underground utility lines from damage during excavation. Generally, the

Act requires the Contractor to ascertain the location and type of utility lines at the work site and to request detailed information from each user (utility owner or operator) not less than three working days before beginning work. The

Contractor must provide his operator with the information and must inform any user of any damage made or discovered during construction. The Pennsylvania One Call System, Inc. can be contacted at 1(800) 242-1776 or

811.

2.41 PENNDOT NOTICE OF INSPECTION FORM REQUIREMENTS

Any project involving state and/or federal funds and/or any project involving the use of PennDOT approved materials must include the submission of a completed Notice of Inspection (NOI) form to insure proper plant inspection and certification of materials.

This form must be completed and submitted as required by the contractor prior to production of the applicable materials to be used in the project. Failure to comply with this requirement could cause project delays and/or a reduction in payment to the contractor.

The required NOI form is included with the bid documents for your reference and use as required.

2.42 STEEL PRODUCTS PROCUREMENT ACT

Special attention is drawn to the provisions of the Commonwealth of Pennsylvania “Steel Products Procurement Act” –

Act No. 3 of 1978 as amended by Act No. 1982-161 and as further amended and supplemented, and the Contractor is advised that only steel products as defined in said Act shall be used or supplied in the performance of the Contract, or any subcontracts thereunder.

2.43 EXISTING UTILITIES AND STRUCTURES

The existence and location of any underground utilities shall be investigated and verified in the field by the Contractor before starting work. The Contractor’s attention is directed to existing local, state, and federal regulations. Excavation in the vicinity of existing utilities and structures shall be carefully done by hand.

The Contractor shall be held liable for any damage done by reason of breaking any water, sewer, gas, telephone, electric, or other utility pipe, wire, or service line. When any pipes, lines, wires, or services become broken or damaged during the progress of the work, the Contractor shall cause them to be repaired immediately at his own expense. Delays which would result in adjoining residences and/or businesses having to go overnight or for needlessly long periods during the day without utilities will not be tolerated. The Borough reserves the right to remedy such delays or neglect by ordering outside parties and/or their own forces to make repairs at the sole expense of the Contractor without written notice.

Care shall be taken not to move, without the consent of the Borough’s authorized representative, any sewers, culverts, water, gas, electric, telephone, or other pipes, lines, wires, services, poles, or structures. In crossing or running parallel with or near utility lines/wires, they shall be securely hung, braced, or supported in place until the work is completed.

Whenever it is necessary to interfere with said structures, the Contractor, at his own expense, shall maintain their respective services, and if necessary, lay temporary lines or structures.

The Contractor shall repair all damage done to any structures on private property and as required and shall keep them in repair in like kind for a period of one (1) year after satisfactory completion of the work.

Before ordering any materials or doing any work, the Contractor shall verify all measurements at the site and shall be responsible for their accuracy. The Contractor shall, without extra charge, make slight alterations as may be required, leaving all materials and work complete and in proper working order.

All dimensions shown on the Drawings are to be field checked and verified; any inconsistencies are to be communicated to the Borough’s authorized representative before performing work.

Water mains, storm drains, sanitary sewers, gas mains, and all other utilities which may be shown on the Drawings are in accordance with the best information available for the information of the Contractor. The Borough assumes no responsibility for accuracy or completeness of information shown. Existing utilities shall be carefully protected and any damage to them caused by the work operations of the Contractor shall be immediately repaired or replaced to the satisfaction of the Borough’s authorized representative by the Contractor at the Contractor’s sole expense, using like materials of the types damaged.

All valve boxes, covers, grates, frames, and surface appurtenances shall be adjusted flush with finished grades. The

Contractor shall coordinate with each respective utility such adjustment. Coordination and adjustment to the final grade of all affected utilities shall be included in the appropriate bid item price.

2.44 CONTRACTOR QUALIFICATIONS

The Contractor shall demonstrate experience in similar construction and asphalt pavement resurfacing by furnishing a list of references for a minimum of five (5) previous similar jobs the Contractor has performed within the last 3 years.

The references list should include client name, contact name, facility name/address where work was performed, type(s) of work completed, and current, valid contact phone number. An electronic copy of the required references list shall be uploaded with sealed bid.

(End of Section)

SECTION 3 - SPECIFIC BID REQUIREMENTS

Note: This table of contents is for convenience only; its accuracy is not guaranteed, and it is not to be considered as a part of the Contract Documents.

ARTICLE TITLE PAGE

01009 GENERAL 18

01010 SUMMARY OF WORK 20

01040 COORDINATION 21

01060 REGULATORY REQUIREMENTS 22

01150 MEASUREMENT AND PAYMENT 24

01200 PROJECT MEETINGS 32

01300 SUBMITTALS 33

01400 QUALITY CONTROL 36

01510 TEMPORARY UTILITIES 37

01530 CONSTRUCTION BARRIERS 39

01540 SECURITY 40

01560 TEMPORARY ENVIRONMENTAL CONTROLS 41

01570 TRAFFIC REGULATION 44

01600 MATERIAL HANDLING, STORAGE AND PROTECTION 46

01630 SUBSTITUTIONS 48

01710 PROJECT CLEANUP 50

01720 PROJECT RECORD DOCUMENTS 51

02010 SUBSURFACE EXPLORATION 51

02500 PAVING AND SURFACING 52

NOTE: PennDOT Specifications Publication 408/2026, Initial Edition, effective April 10, 2026, and all other publications to which it refers, is to be used as a reference in determining material requirements, construction methods, mixture compositions, etc.

Specifications in this section supersede any specifications in Section 2 - General Bid

Requirements of these bid documents, unless otherwise noted, stated, or directed.

SOME OF THE INFORMATION USED IN THIS SECTION HAS BEEN EXCERPTED FROM PENNDOT 408 SPECIFICATIONS, WHICH

SHALL ALSO BE UTILIZED IN DETERMINING CONSTRUCTION METHODS, MIXTURE COMPOSITIONS AND REFERENCES.

PENNDOT CONSTRUCTION SPECIFICATIONS FOUND IN PUBLICATION 408/2026, INITIAL EDITION EFFECTIVE APRIL 10, 2026, SHALL SUPERSEDE SIMILAR SPECIFICATIONS IN THIS SECTION, UNLESS OTHERWISE SPECIFIED OR DIRECTED.

ARTICLE 01009-GENERAL

3.00 SUMMARY

Article Includes: General items included as part of the specification.

3.01 PENNDOT’S CONSTRUCTION SPECIFICATIONS – PUBLICATION 408/2020

The contractor proposes to furnish and deliver all materials (including Form CS-4171 and/or TR-465) and to do and perform all work on this project as more specifically set forth in the Bid Proposal, in accordance with these specifications and plans as well as any supplements, special requirements and special provisions contained herein and/or attached and the most current PennDOT Publication 408/2026 Construction Specifications, Initial Edition, effective April 10, 2026.

Bid items not containing a description within Article 01150 Measurement and Payment Section of these

Specific Bid Requirements shall be in accordance with PennDOT Publication 408/2026 Construction

Specifications, Initial Edition, effective April 10, 2026, unless otherwise stated or noted.

Throughout these specifications and PennDOT’s Specifications Publication 408/2026, Initial Edition, effective April

10, 2026, wherever references are made to the Commonwealth, the Department, or its employees, for the purpose of this contract it shall mean the Borough of Ephrata and its corresponding employees, unless superseded by Law.

PennDOT pre-qualification of bidders will NOT be required.

Volumetric testing of bituminous paving materials will NOT be required.

PennDOT’s Certificate of Compliance Form CS-4171 must be provided as required for all materials to be used in the project. See attached CERTIFICATE OF COMPLIANCE with instructions to complete the form.

PennDOT’s TR-465 DAILY BITUMINOUS MIXTURE CERTIFICATION must be provided for all bituminous materials.

The following designated special provisions to the Contract contain important information for the Contractor and are applicable to this project:

The Prime Contractor and all subcontractors must comply with the following provisions:

1. All traffic control and safety devices must be provided by the Contractor. (Maintenance and Protection of

Traffic to comply with current MUTCD, PennDOT Publication 212 and PennDOT Publication 213 and as approved by the Borough. ALL road closures must be approved by the Borough and be accompanied by a Borough approved detour route. The Contractor is responsible for provision and maintenance of all signage and safety devices to be posted along Borough approved detour routes in accordance with the

MUTCD and PennDOT Publications 212 and 213, as applicable.)

2. The contractor is to closely coordinate and schedule construction activities with the Borough’s authorized representative. Contract commences upon issuance of Notice to Proceed.

3. The contractor shall establish offset and reference stakes for the construction, as required, to facilitate and control the work.

4. Contractor to obtain construction materials from PennDOT-approved suppliers listed in the current

PennDOT Bulletin 15.

5. Provide delivery tickets for all materials.

6. CS-4171 Certificate of Compliance and/or TR-465 Daily Bituminous Mixture Certification required for all materials.

7. Notify the Municipality at least five (5) working days prior to starting work on the project.

8. The Contractor shall be solely responsible for notifying all impacted residents of pending construction activities adjacent to their property including the initial notification written by the Borough and as follows: 1.

Any delays in the work resulting in extended or unexpected road closure. 2. Leveling course paving. 3. Final paving. Notifications should be delivered as “door-stuffers” at least 24 hours prior to the scheduled activity except for the initial notification which should be delivered at least 72 hours prior to start of work.

Do not place notifications in mailboxes or receptacles intended for general mail delivery. Resident notifications by the Contractor are incidental to the work and will not be paid for separately.

9. Project to be satisfactorily completed within forty (40) consecutive working days from start date of work on or before Friday, October 16, 2026. After October 16, 2026, liquidated damages apply per calendar day in accordance with the Contract Agreement. This provision is subject to Borough approved time extensions.

10. Roadway to be power swept and cleaned by the Contractor as necessary and as directed by the

Borough’s authorized representative and between curbs within the project limits and as directed following satisfactory final paving and joint sealing completing the project.

11. Roadways to be maintained by contractor during all phases of construction up to and including placement of final wearing course to the satisfaction of the Borough’s authorized representative.

12. All surplus/excess materials belong to the contractor and are to be completely and satisfactorily removed from the work site and properly disposed of by the contractor.

13. Ephrata Borough will provide all construction observation and inspections for this project.

14. Provide Bill of Lading for each shipment of bituminous material per Section 702.1(c) of PennDOT

Specifications 408/2026, Initial Edition, effective April 10, 2026.

15. Tack Coat, as required, per Section 460, or 409 for Superpave, per applicable PennDOT Specifications

408/2026, Initial Edition, effective April 10, 2026. Completely tack coat all vertical and horizontal surfaces, to the satisfaction of the Borough’s authorized representative, prior to paving activities.

16. Bituminous Seal on all abutting pavement and curbs is required and is incidental to paving item unless noted otherwise.

17. All pavement saw-cutting and/or milled paving notches, as applicable, are incidental to bid item, unless noted otherwise, and will not be paid for separately.

18. Borough reserves the right to limit ALL work to be completed.

19. Incidental preparation and end of work clean up required.

20. Contractor responsible for all defects that occur within one (1) year of applications.

21. The…