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DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

SECTION 00330 – BID PROPOSAL

ARTICLE 1 – BID RECIPIENT

This Bid is submitted to:

Monaghan Township 202 South York Road Dillsburg, PA 17019

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

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D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

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

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

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D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

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

3. “collusive practice” means a scheme or arrangement between two or more

Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

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

E. Bidder is equal opportunity employer and does not discriminate based on age, race, nationality, religion, or disability. Bidder also ensures that any subcontractors shall also be equal opportunity employers.

ARTICLE 5 – BASIS OF BID

5.01 Unit Prices are to be computed in accordance with Paragraph 11.03.B of the General

Conditions.

5.02 Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

5.03 Bidder will complete the Work in accordance with the Contract Documents for the following unit price(s) and total cost:

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BASE BID: MEMPHORD ESTATES STORMWATER BASINS REHABILITATION

ITEM

NO.

DESCRIPTION

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

COST

1 Tree and Vegetation Clearing LS 1

2 Outlet Structures EA 2

3 Gravel Access Road LS 1

4 Stormwater Inlet Structures EA 3

5 SLCPP LF 60

6 SNOUT w/ Bioskirt 36” EA 1

7 SNOUT w/ Bioskirt 15” EA 2

8 Topsoil SY 20

9 Seeding LB 30

10 Compost Filter Sock LF 102

TOTAL CONSTRUCTION BASE BID:

(IN WORDS)

(IN FIGURES)

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

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

ARTICLE 7 – ATTACHMENTS TO THIS BID

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

A. Required Bid security in the form of certified check, money order or Bid bond on the form attached;

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B. Statement of Bidder’s Qualifications

C. Non-Collusion Affidavit of Prime Bidder

D. Certification of Non-Discrimination

E. Safety Guidelines and Requirements (O.S.H.A.)

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the

Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

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ARTICLE 9 – BID SUBMITTAL

9.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

By:

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):_______

By:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title:

(CORPORATE SEAL)

Attest

Bidder's Business Address

Phone No. _______________________________ Fax No.

E-mail ___________________________________

SUBMITTED on , 20____.

00410-1

SECTION 00410 – BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

Monaghan Township 202 South York Road Dillsburg, PA 17019

BID

Bid Due Date: July 2, 2024 Description:

Fisher Run Road Culvert Replacement

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum

(Words) (Figures)

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

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

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1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the

Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the

Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

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9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

00451-1

SECTION 00451 – STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The bidder may submit any additional information he desires.

1. Name of bidder: ___________________________________________________________

2. Permanent main office address:

3. When organized: __________________________________________________________

4. If a corporation, where incorporated: ___________________________________________

5. How many years have you been engaged in the contracting business under your present firm or trade name? ________

6. Contracts on hand (schedule these, showing amount of each contract and the appropriate anticipated dates of completion):

7. General character of work performed by your company:

8. Have you ever failed to complete any work awarded to you? If so, where and why?

9. Have you ever defaulted on a contract? If so, where and why?

10. List the more important projects recently completed by your company, stating the approximate cost for each and the month and year completed:

11. List your major equipment available for this contract:

12. Experience in construction work similar in importance to this project:

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13. Background and experience of the principal members of your organization, including the officers:

14. Credit available: $__________________

15. Give Bank references: ______________________________________________________

16. Provide a detailed financial statement and furnish any other information that you may deem appropriate:

17. Provide a list of company references on attached sheet.

18. The undersigned hereby authorizes and requests any persons, firm, or corporation to furnish any information requested by the OWNER in verification of the recitals comprising this STATEMENT OF BIDDER'S QUALIFICATIONS.

Dated at _______________ this _______ day of ______________ 20__.

(Name of Bidder)

By: ________________________________

Title: ______________________________

STATE / COMMONWEALTH OF: __________________________

COUNTY OF: ________________________

_________________________________________________, being duly sworn deposes and says that he/she is ________________________________________ of

(Title)

(name of organization) and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this _____________day of __________________, 20___.

Notary Public

My Commission Expires: ______________, 20__.

00451-3

REFERENCES

1. Company Name: ________________________________________________ Company Address: ________________________________________________ Telephone No.: ________________________________________________ Contact Person: ________________________________________________

2. Company Name: ________________________________________________ Company Address: ________________________________________________ Telephone No.: ________________________________________________ Contact Person: ________________________________________________

3. Company Name: ________________________________________________ Company Address: ________________________________________________ Telephone No.: ________________________________________________ Contact Person: ________________________________________________

END OF SECTION

00452-1

SECTION 00452 – NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State/Commonwealth of ______________________County of ___________________

_______________________________________________, being first duly sworn, deposes and says that:

(1) He is ___________________________________________________________________ (Owner, partner, officer, representative or agent) of ________________________________________________, the Bidder that has submitted the attached Bid;

(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element for the Bid prices or the Bid price of any Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Owner or any Person interested in the proposed Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)_________________________

(Title)___________________________

Subscribed and sworn to before me this __________day of _____________, 20__.

Notary Public

My commission expires __________________________

00454-1

SECTION 00454 – CERTIFICATION OF NON-DISCRIMINATION _CFA

The Contractor shall not:

1. in any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontract, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of

2. the Pennsylvania Human Relations Act (“PHRA”) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

3. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

4. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this agreement or any subgrant agreement, contract, or subcontract.

5. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor, or supplier who is qualified to perform the work to which this agreement relates.

6. in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Acts’ enforcement and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

Dated__________________, 20__ _________________________ (Name of Contractor)

Official Address By ____________________________

(Title)

00454-1

SECTION 00454 – SAFETY GUIDELINES AND REQUIREMENTS

1. The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the WORK. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

2. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property, caused directly or indirectly, in whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR.

3. In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGINEER or OWNER shall act to prevent threatened damage, injury or loss. He will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved.

4. The Contractor will keep himself fully informed of, and shall carefully observe and comply with all state, county and local laws, ordinances and regulations which in any manner affect the conduct of the work, and all such orders or decrees as exist at present and those which may be enacted later, of bodies having any jurisdiction or authority over the WORK, and shall indemnify and save harmless the OWNER and all its officers, agents and servants against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree, whether by himself or his employees.

5. All safety procedures outlined by the Occupational Safety and Health Administration

(OSHA) will be strictly adhered to; all safety training required in the above-mentioned regulations has been provided and successfully completed by all employees; and all safety equipment mandated by those regulations will be provided and utilized in the completion of this project. False statements and non-compliance to these safety procedures will result in immediate termination of this contract.

6. Neither the activities nor presence of the OWNER or DESIGN PROFESSIONAL, nor the presence of their employees and subconsultants at the construction site shall relieve the Contractor or any other entity of his obligations, duties, and responsibilities including, but not limited to, construction means, methods, sequences, techniques, or procedures

00454-2 necessary for performing, superintending or coordinating all portions of the WORK of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The OWNER and DESIGN PROFESSIONAL and their personnel have no authority to exercise any control over any construction contractor or other entity or its employees in connection with their work or any health or safety precautions. The OWNER agrees that the Contractor is solely responsible for job site safety and warrants that this intent shall be made evident in the OWNER’s agreement with the Contractor. The OWNER also agrees that the OWNER, the DESIGN PROFESSIONAL and their employees and consultants shall be indemnified and shall be made additional insureds under the Contractor’s general liability insurance policy.

Understanding of the above safety guidelines and requirements is hereby acknowledged this_________________ day of _____________________, 20__.

NAME _____ (SEAL)

TITLE