PROJECT MANUAL

FOR

CHERRY STREET ALLEY PAVING PROJECT

BOROUGH OF FOUNTAIN HILL

LEHIGH COUNTY, PENNSYLVANIA

MAY 12, 2026

Prepared for:

Borough of Fountain Hill 941 Long Street

Fountain Hill, PA 18015-2660

Prepared by:

252 Brodhead Road Suite 100 Bethlehem, PA 18017-8944

Phone: 610.691.5644 Fax: 610.691.6968 HanoverEng.com

Hanover Project FH26-20

Cherry Street Alley Paving Project Borough of Fountain Hill Project FH26-20

Hanover Engineering Associates, Inc. 00 01 10 - 1 Table of Contents

DOCUMENT 00 01 10

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

DOCUMENT TITLE

00 00 01 Title Page

00 01 10 Table of Contents

00 01 15 List of Drawings

BIDDING REQUIREMENTS

DOCUMENT TITLE

00 11 13 Advertisement for Bids

00 21 13 Instructions to Bidders

00 41 00 Bid Form

00 43 13 Bid Bond

00 45 13 Statement of Bidder's Qualifications

00 45 19 Non-Collusion Affidavit

00 45 33 Certification of Non-Segregated Facilities

00 45 36 Nondiscrimination/Sexual Harassment Clause

CONTRACT FORMS AND CONDITIONS OF THE CONTRACT DOCUMENTS

DOCUMENT TITLE

00 51 00 Notice of Award

00 52 15 Agreement

00 53 00 Stipulation Against Liens

00 61 14 Performance Bond

00 61 15 Payment Bond

00 61 50 Maintenance Bond

00 62 17 Worker’s Compensation Affidavit

00 62 18 CDL Program – Statement of Compliance

00 62 21 Public Works Employment Verification Form

00 62 43 Non-Collusion Affidavit of Subcontractors

00 62 74 PennDOT Materials Certificate of Compliance

00 62 76 Application for Payment

Associates, Inc. 00 01 10 - 2 Table of Contents

00 65 20 Consent of Surety to Final Payment

00 72 15 General Conditions – EJCDC C-700, 2013

00 73 14 Supplementary Conditions

00 85 00 Prevailing Minimum Wage Determination

SPECIFICATIONS

SECTION TITLE

01 10 00 Summary of Work

01 20 00 Price and Payment Procedures

01 22 00 Payment Items

01 30 00 Administrative Requirements

01 33 00 Submittals

01 40 00 Quality Requirements

01 50 00 Temporary Facilities

01 55 26 Traffic Control

01 57 13 Erosion and Sediment Control

01 60 00 Product Requirements

01 70 00 Execution and Closeout Requirements

03 10 00 Concrete Forms and Accessories

03 20 00 Concrete Reinforcing

03 30 00 Cast-in-Place Concrete

31 05 13 Soils for Earthwork

31 05 16 Aggregates for Earthwork

31 23 18 Rock Removal

31 23 33 Trenching

32 12 16 Asphalt Paving

32 16 00 Curbs, Gutters, Sidewalks, and Driveways

32 91 19 Landscape Grading

32 92 19 Seeding and Soil Supplements

APPENDIX

1. Aerial Location Plans (3 Sheets)

2. Fountain Hill Borough – Standard Specifications for the Construction of Curb and Sidewalk

END OF DOCUMENT

Associates, Inc. 00 01 15 - 1 List of Drawings

DOCUMENT 00 01 15

LIST OF DRAWINGS

DRAWING

NUMBER TITLE

1. Cherry Street Alley Paving Project, Sheets 1 through 3 of 3, dated May 12, 2026

Associates, Inc. 00 11 13 - 1 Advertisement for Bids

DOCUMENT 00 11 13

ADVERTISEMENT FOR BIDS

Bid Form and electronic copy of Bid Security for the Cherry Street Alley Paving Project will be received online via the PennBid Program until 1:00 p.m. prevailing time on Wednesday, June 10, 2026. Proposals will be publicly opened on PennBid at 3:00 p.m. the same day.

Final questions are due no later than 1:00 p.m. on Wednesday, June 3, 2026.

The project consists of approximately 1,450 square yards of street reconstruction, including milling/removing existing pavement and subbase materials, grading roadway, placing stone subbase, base course and wearing course, installing erosion and sediment control facilities and completing miscellaneous restoration on Cherry Street alley for the Borough of Fountain Hill.

All Bid Documents and details are available at no cost online at https://pennbid.bonfirehub.com.

Each proposal shall be accompanied by a Bid Bond in the required form, certified check, bank cashier’s check, or other security acceptable to the Owner in the amount of 10% of the total Base Bid. Bids will be effective for 60 calendar days from the Bid opening date except as permitted by law and may not be withdrawn during this period.

The Contractor shall comply with the provisions of the Act of August 15, 1961 (P.L. 9 87), as amended, known as the “Pennsylvania Prevailing Wage Act” and the Regulations issued pursuant thereto by the Department of Labor and Industry. The Contractor shall include these requirements in all subcontracts for the project. Specific requirements for bidding are described in the Bidding Documents.

The project is subject to the provisions of the Public Works Employment Verification Act, and Non-Discrimination and Equal Employment Opportunity regulations.

The Borough of Fountain Hill reserves the right at its option to waive any informalities, irregularities, defects, errors or omissions in any or all of Bids, and to accept or reject any or all parts of the Bids which in its judgment is in the best interest of the Borough.

https://pennbid.bonfirehub.com/

Associates, Inc. 00 21 13 - 1 Instructions to Bidders

DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page Number

Article 1. DEFINED TERMS 2

Article 2. COPIES OF BIDDING DOCUMENTS 2

Article 3. QUALIFICATIONS OF BIDDERS 2

Article 4. EXAMINATION OF CONTRACT DOCUMENTS, OTHER RELATED DATA AND SITE 3

Article 5. PRE-BID CONFERENCE 5

Article 6 SITE AND OTHER AREAS 6

Article 7. INTERPRETATIONS AND ADDENDA 6

Article 8. BID SECURITY 6

Article 9. CONTRACT TIME 7

Article 10. LIQUIDATED DAMAGES 7

Article 11. SUBSTITUTE OR AND "OR-EQUIVALENT" ITEMS 7

Article 12. SUBCONTRACTORS, SUPPLIERS AND OTHERS 7

Article 13. BID FORM 7

Article 14. BASIS OF BID; EVALUATION OF BIDS 8

Article 15. SUBMITTAL OF BIDS 8

Article 16. MODIFICATION AND WITHDRAWAL OF BIDS 9

Article 17. OPENING OF BIDS 9

Article 18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE 9

Article 19. AWARD OF CONTRACT 9

Article 20. CONTRACT SECURITY AND INSURANCE 10

Article 21. SIGNING OF AGREEMENT 10

Article 22. SALES AND USE TAX 10

Article 23. RETAINAGE 10

Article 24. NON-COLLUSION 10

Article 25. EMPLOYMENT VERIFICATION ACT 11

Article 26. PREQUALIFICATION OF CONTRACTORS AND SUBCONTRACTORS 12

Associates, Inc. 00 21 13 - 2 Instructions to Bidders

INSTRUCTIONS TO BIDDERS

Article 1. DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instruction to Bidders have the meanings indicated below which are applicable to both singular and plural thereof:

A. "Bidder" - The individual or entity who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a Bid to a Bidder.

B. "Issuing Office" - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. "Successful Bidder" - the lowest, qualified, responsible and responsive Bidder to whom OWNER, on the basis of OWNER'S evaluation as hereinafter provided, makes an award.

D. "Bidding Documents" - includes the Advertisement for Bids, Instructions to Bidders, the Bid Form, and the proposed Contract Documents, including all Addenda issued prior to receipt of Bids.

E. PennBid Program - Online Electronic Procurement program (www.PennBid.net) containing all Bidding Documents and where sealed bids and proposals must be submitted. Bidding Documents to be available on Friday, March 6, 2020.

Article 2. COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents are available on the Documents tab within PennBid.

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 OWNER and ENGINEER in making 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 3. QUALIFICATIONS OF BIDDERS

3.01 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five days after Bid opening upon OWNER'S request, all that information as OWNER requires in determining the successful Bidder. Consideration will be given to, but will not be limited to, the following conditions.

Whether the Bidder:

1. Maintains a permanent place of business;

2. Has adequate equipment to do the Work properly and expeditiously;

http://www.pennbid.net/

Associates, Inc. 00 21 13 - 3 Instructions to Bidders

3. Has suitable financial status to meet obligations incident to the Work;

4. Has had experience on projects of similar character and magnitude;

5. Has qualification to do business in the state where the project is located; and,

6. Is PennDOT pre-qualified.

3.02 The OWNER may require the Bidder to furnish written evidence of the foregoing.

3.03 No Bid will be accepted from anyone who is in arrears to the OWNER upon debt or contract, or who is a defaulter on surety or otherwise upon any obligations, or whose work heretofore has been unsatisfactory or dilatory, or currently under suspension or debarment by the Commonwealth, any other State, or the federal government.

Article 4. EXAMINATION OF CONTRACT DOCUMENTS, OTHER RELATED DATA

AND SITE

4.01 Subsurface and Physical Conditions

The Supplementary Conditions identify:

Those reports of explorations and tests of subsurface conditions at or contiguous to the site that the ENGINEER has used in preparing the Bidding Documents.

Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the site (except underground facilities) that the ENGINEER has used in preparing the Bidding Documents.

Copies of reports and drawings referenced in paragraph 4.01 will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 5.03 of the General Conditions has been identified and established in paragraph 5.03 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any technical data or any other data, interpretations, opinions or information contained in such reports or shown or indicated on such drawings.

4.02 Underground Facilities

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.

4.03 Hazardous Environmental Conditions

The Supplementary Conditions identify those reports and drawings relating to a hazardous environmental condition identified at the site, if any, that ENGINEER has used in preparing the Bidding Documents.

Associates, Inc. 00 21 13 - 4 Instructions to Bidders

Copies of reports and drawings referenced in paragraph 5.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 5.06 of the General Conditions has been identified and established in paragraph 5.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any technical data or any other data, interpretations, opinions or information contained in such reports or shown or indicated on such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and underground facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 5.03, 5.04, and 5.05 of the General Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to an hazardous environmental condition at the site, if any, and possible changes in the Contract Documents due to any hazardous environmental conditions uncovered or revealed at the site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 5.06 of the General Conditions.

4.05 On request, OWNER will provide Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.06 Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the site by OWNER or others (such as utilities and 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 prior to or copies of Contract Documents (other than portions thereof related to price) for such other work.

4.07 It is the responsibility of each Bidder before submitting a Bid:

A. To thoroughly examine the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below);

B. To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

To become familiar with and satisfy Bidder as to all federal, state and local laws and regulations that may affect cost, progress or performance of the Work.

Carefully study all reports of exploration and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in paragraph 5.03 of the General Conditions, and carefully study all reports and drawings of a hazardous environmental condition, if any, at the site which have been identified in the Supplementary Conditions as provided in paragraph 5.06 of the General Conditions.

Associates, Inc. 00 21 13 - 5 Instructions to Bidders

Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the site, which may affect cost, progress or performance of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs thereof.

Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

Become aware of the general nature of the work to be performed by OWNER and others at the site that relates to the Work as indicated in the Bidding Documents.

Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder.

Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by the ENGINEER is acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

4.09 The provisions of paragraphs 4.01 through 4.08 do not apply to asbestos, polychlorinated biphenyls (PCBs), petroleum, hazardous waste or radioactive material covered by paragraph 5.06 of the General Conditions.

Article 5. PRE-BID CONFERENCE

5.01 A pre-bid conference, if stated in the Advertisement for Bids, will be held at the date and time noted in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the project. Bidders are required to attend and participate in any such conference. ENGINEER will transmit all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Bids submitted by Bidders not attending any such conference may be rejected at OWNER'S discretion.

Associates, Inc. 00 21 13 - 6 Instructions to Bidders

Article 6 SITE AND OTHER AREAS

6.01 The lands upon which Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.

Article 7. INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Contract Documents are to be submitted in writing via PennBid’s Questions tab. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda, electronically posted within PennBid’s Documents tab, and all parties recorded as having received the Bidding Documents will be notified via email. Questions must be submitted by the Question cutoff date and time as indicated in PennBid’s Questions tab. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER.

Article 8. BID SECURITY

8.01 Each Bid must be accompanied by Bid Security made payable to OWNER in an amount of 10% of the Bidder's maximum Bid price, unless otherwise modified in the Advertisement for Bids, and in the form of a certified or bank check or a Bid Bond issued by a surety company meeting the requirements of paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within 15 calendar days after 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 other Bidders whom the 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 Agreement or the sixtieth day after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned provided, however, that if the award of the Contract is delayed by required approval of another governmental agency, the sale of bonds, or the award of a grant, the OWNER may retain Bid securities until 120 days after the date of Bid opening.

8.03 Bid Security with Bids which are not competitive will be returned within seven calendar days after the Bid opening.

8.04 Bid securities that are forfeited will be paid to the OWNER as liquidated damages.

Associates, Inc. 00 21 13 - 7 Instructions to Bidders

Article 9. CONTRACT TIME

9.01 The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract time) are set forth in the Bid Form and the Agreement.

Article 10. LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement and Supplementary Conditions.

Article 11. SUBSTITUTE OR AND "OR-EQUIVALENT" ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or approved equivalent" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or approved equivalent" 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 submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in paragraphs 7.04 and 7.05 of the General Conditions and may be supplemented in the General Requirements.

Article 12. SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals or entities to be submitted to OWNER in advance of specified date prior to the effective date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such subcontractors, suppliers, individuals or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualifications for each such subcontractor, supplier, individual or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual or entity, OWNER may, before Notice of Award is given request apparent successful Bidder to submit a substitute.

12.02 If successful Bidder declines to make any substitutions, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any subcontractor, supplier, individual or entity so listed and against which OWNER or ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in paragraph 7.06 of the General Conditions.

12.03 CONTRACTOR shall not be required to employ any subcontractor, supplier, individual or entity against whom the CONTRACTOR has reasonable objection.

Article 13. BID FORM

13.01 The Bid Form is included within PennBid’s Bid tab.

Associates, Inc. 00 21 13 - 8 Instructions to Bidders

13.02 All blanks containing an asterisk (*) on the Bid Form must be completed

13.03 Bids by corporations must be executed in the corporate name by the president or vice president, or other corporate officer with authority to submit bids on behalf of their company.

13.04 Bids by partnerships must be executed in the partnership and submitted by person with authority to submit bids on behalf of their company.

13.05 A Bid by a limited liability company shall be executed in the name of the firm and submitted by person with authority to submit bids on behalf of their company.

13.06 A Bid by an individual shall show the Bidder(s) name.

13.07 A Bid by a joint venture shall be executed by and submitted by person with authority to submit bids on behalf of the joint venture.

13.08 The Bid shall contain an acknowledgment of receipt by all Addenda, the numbers of which must be filled in on the Bid Form.

13.10 The address and telephone number for communications regarding the Bid must be shown.

13.11 The Bid shall contain evidence of the Bidder(s) authority and qualification as an out of state corporation to do business in the state where the project is located or covenant to obtain such qualification prior to award of the Contract.

Article 14. BASIS OF BID; EVALUATION OF BIDS

14.01 Unit Price

Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid Form. 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 paragraph 13.03 of the General Conditions.

14.02 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 paragraph 13.02 of the General Conditions.

14.03 Bid prices will be compared after adjusting for differences in time designated by Bidders for substantial completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve substantial completion for each day before or after the desired date appearing in Article 9.

Article 15. SUBMITTAL OF BIDS

15.01 Bids shall be submitted online via PennBid by the date and time indicated in the Advertisement for Bids, and shall include all required Bid Documents and an electronic copy of the Bid Security.

Associates, Inc. 00 21 13 - 9 Instructions to Bidders

Article 16. MODIFICATION AND WITHDRAWAL OF BIDS

16.01 Bids may be modified or withdrawn via PennBid at any time prior to the bid due date and time.

16.02 OWNER will not consider, for any reason, any claim by the Bidder of any mistakes or omission in the Bid. Negligence of the Bidder in preparing the Bid shall not confer, or be deemed to confer, any right of the Bidder to withdraw such Bid after the time has passed, as fixed in the Invitation to Bid, for receiving Bids, except as permitted by law.

Article 17. OPENING OF BIDS

17.01 Bids will be opened as indicated in the Advertisement for Bids.

Article 18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for 60 days after the day of the Bid opening, unless indicated otherwise in the Advertisement for Bids; but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to that date, provided, however, that if the award of the Contract is delayed by required approval of financing, the sale of bonds, or the award of a grant, all Bids will remain subject to acceptance for 120 days after the day of the Bid opening.

Article 19. AWARD OF CONTRACT

19.01 OWNER reserves the right to reject any and all Bids, including without limitation the rights to reject any or all non-conforming, non-responsive, unbalanced or unconditional Bids and to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate Contract terms with the successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause of disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 OWNER may consider the qualifications and experience of subcontractors, suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantee of major items of materials and

Associates, Inc. 00 21 13 - 10 Instructions to Bidders equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice to Award.

19.05 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of the Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time.

19.06 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.

19.07 If the Contract is to be awarded, OWNER will give the successful Bidder a Notice of Award within 60 calendar days or as otherwise stipulated in the Advertisement for Bids, after the day of the Bid opening.

Article 20. CONTRACT SECURITY AND INSURANCE

20.01 Article 6.01 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER'S requirements as to Performance and Payment Bonds, each in an amount of 100 percent (100%) of the contract price, and insurances. When the successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required Performance and Payment Bonds.

Article 21. SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 15 days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and certificates of insurance to OWNER with the required bonds. Thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of Drawings with appropriate identification.

Article 22. SALES AND USE TAX

22.01 OWNER may be exempt from certain sales and use taxes.

Article 23. RETAINAGE

23.01 Provisions concerning retainage and CONTRACTOR'S rights to deposit securities in lieu of retainage are set forth in the Agreement and the Supplementary Conditions.

Article 24. NON-COLLUSION

24.01 Upon request by OWNER, all Bidders may be required to complete a Non- Collusion Affidavit. This affidavit may be required on all projects involving public funding as provided in Section 7 of the Pennsylvania Anti-Bid-Rigging Act. The Non-Collusion Affidavit, if required, must be submitted with the Bid.

Associates, Inc. 00 21 13 - 11 Instructions to Bidders

Article 25. EMPLOYMENT VERIFICATION ACT

25.01 The Bidder’s attention is directed to the Public Works Employment Verification Act of July 5, 2012, P.L. 1086, No. 127, 43 P. S. 167.1 et seq, which requires that public works contractors and every subcontractor performing work under a public works contract shall utilize the United States Department of Homeland Security EVP system to verify the employment eligibility of each new employee hired after January 1, 2013. As a precondition to the award of a contract for public work, a public works contractor shall submit a completed EVP Form to the public body that is bidding and awarding the public work contract. During a public works contract, a new employee hired by a public works contractor, regardless of whether he will be working onsite or offsite of a public work or otherwise, shall be verified within 5 business days of his start date.

Subcontracts between a public works contractor and its subcontractors are required to contain notification of the applicability of the act, information regarding the use of EVP and reference to the Department's web site at www.dgs.state.pa.us to obtain a copy of the Form. Prior to beginning either onsite or offsite work on a public works project, every subcontractor shall submit a completed EVP Form to the contracting public body. During a public works contract, a new employee hired by a public works subcontractor, regardless of whether he will be working onsite or offsite of a public work or otherwise, shall be verified within 5 business days of his start date.

Subcontracts between a subcontractor and its subcontractors are required to contain notification of the applicability of the act, information regarding the use of EVP and reference to the Department's web site at www.dgs.state.pa.us to obtain a copy of the Form.

Article 26. PREQUALIFICATION OF CONTRACTORS AND SUBCONTRACTORS

26.01 The Bidder’s attention is directed to since Liquid Fuels Tax Funds may be used to pay for some or all of the work in this project, Bidders are required to establish proof of competency and responsibility, in accordance with 67 PA Code Chapter 457, Regulations Governing Prequalification of Prospective Bidders and PennDOT Publication 408/2020, Section 102, as supplemented and amended. All Bidders must be PennDOT prequalified before the date fixed for the opening of bids.

http://www.dgs.state.pa.us/ http://www.dgs.state.pa.us/

Associates, Inc. 00 41 00 - 1 Bid Form

DOCUMENT 00 41 00

BID FORM

Project Identification: Cherry Street Alley Paving Project

Project No.: FH26-20

Name of Owner: Borough of Fountain Hill

Name of Bidder:

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 perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid times indicated in this Bid and in accordance with all other terms and conditions of the Contract Document.

2. Bidder accepts all of the terms and conditions of the Advertisement for Bids and 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 day of Bid opening or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

Bidder will sign and deliver the required number of counterparts of the Agreement with the

Bonds and other documents required by the bidding requirements within 15 days after the date of the OWNER’S Notice of Award.

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

A. Bidder has examined and carefully studied the Bidding Documents and the following Addenda receipt of all 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 federal, state and local laws and regulations that may affect cost, progress, and performance of the Work.

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 in or relating to existing surface or subsurface structures at or contiguous to the site

(except underground facilities) which have been identified in the Supplementary

Conditions as provided in paragraph 5.03 of the Standard General Conditions, and

(2) reports and drawings of a hazardous environmental condition, if any, which has

Associates, Inc. 00 41 00 - 2 Bid Form been identified in the Supplementary Conditions as provided in paragraph 5.06 of the Standard General Conditions.

E. Bidder has obtained and carefully studied (or assumes responsibility for having done

so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which may relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incidental thereto.

F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.

G. Bidder is aware of the general nature of the Work to be performed by OWNER and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and Drawings identified in the

Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

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

J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on the behalf of any undisclosed individual or entity and is not submitted in conformance 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 individual or entity to refrain from bidding; and

Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

5.01 Bidder will complete the Work in accordance with the Contract Documents for the Bid items described in Section 01 22 00 of the Contract Documents, for the following price(s):

Associates, Inc. 00 41 00 - 3 Bid Form

UNIT PRICE WORK ITEMS

Item

No.

Description Unit

Est

Qty

Unit

Price

Total

Price

1-1 Mobilization, Demobilization & Traffic

Control

LS 1

TO BE COMPLETED

ON PENNBID

1-2 Erosion & Sedimentation Control LS 1

1-3 Remove Pavement & Subbase Material SY 1,420

1-4 6” 2A Aggregate Stone Subbase SY 1,420

1-5 6” Superpave 25.0 mm Base Course SY 1,420

1-6 1.5” Superpave 9.5 mm Wearing Course SY 1,420

1-7 Macadam Driveway Restoration SF 785

1-8 Grass Restoration SF 600

*1-9 Bituminous Curb LF 90

*1-10 Concrete Curb, Including Removal of

Existing

LF 10

*1-11 Concrete Sidewalk, Including Removal of

Existing

SF 50

*1-12 Concrete Driveway Apron, Including

Removal of Existing

SF 50

*1-13 Soft Spot Removal CY 20

*1-14 Geotextile Material, Class 4, Type C SY 10

*1-15 Extra 2A Aggregate Stone TON 20

*1-16 Extra Earth Excavation CY 10

*1-17 Class A Concrete (Utility Encasement, etc.) CY 5

*Contingency Items are included in the Base Bid with assumed quantities and will be used in determining the low bid for the project.

Associates, Inc. 00 41 00 - 4 Bid Form

Item

No.

Description Unit

Est

Qty

Unit

Price

Total

Price

*Add Alternative 1: Re-Paving of Cherry Street from Frederick Street to Benner Avenue

2-1 Mobilization, Demobilization & Traffic

Control

LS 1

TO BE COMPLETED

ON PENNBID

2-2 Erosion & Sedimentation Control LS 1

2-3 Remove Pavement & Subbase Material SY 350

2-4 6” 2A Aggregate Stone Subbase SY 350

2-5 6” Superpave 25.0 mm Base Course SY 350

2-6 1.5” Superpave 9.5 mm Wearing Course SY 350

2-7 Macadam Driveway Restoration SF 260

2-8 Grass Restoration SF 150

* Based on Bid Prices received, the Owner may or may not choose to include Add

Alternate 1 in the Award of the Contract.

5.02 Unit prices have been computed in accordance with paragraph 13.03.B of the Standard

General Conditions.

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

6.01 Bidder agrees that the Work will be complete and ready for final payment in accordance with paragraph 15.06 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 in the event of failure to complete the Work within the times specified in the Agreement.

6.03 Bidder acknowledges that the Borough anticipates issuing the Notice to Proceed for the work in July or August 2026 and Bidder agrees to have work force available to complete the project in accordance with Section 6.01 above.

7.01 The following documents are attached to and made a condition of this Bid:

A. Required Bid Security (10% of the BID) in the form of:

B. Statement of Bidder’s Qualifications (Document 00 45 13).

C. Non-Collusion Affidavit (Document 00 45 19).

D. Certification of Non-Segregated Facilities (Document 00 45 33).

E. Nondiscrimination/Sexual Harassment Clause (Document 00 45 36).

Associates, Inc. 00 41 00 - 5 Bid Form

8.01 The terms used in this Bid are defined in the Instructions to Bidders, Standard General

Conditions and Supplementary Conditions.

9.01 Communications concerning this Bid shall be addressed to the address of Bidder indicated below.

SUBMITTED on ___________________________________________, 2026.

Associates, Inc. 00 41 00 - 6 Bid Form

If Bidder is:

An Individual

By: (SEAL)

(Individual's Name) doing business as

Business Address:

Phone No.: ( ) Fax No.: ( )

A Partnership *

(Name of Partnership)

Witness:

By:

Partner

*All Partners must execute this Bid

Address of Partnership Bidder:

Contact Person:

Associates, Inc. 00 41 00 - 7 Bid Form

A Corporation

(Name of Corporation)

ATTEST:

By: By:

(Assistant) Secretary (Vice) President

[CORPORATE SEAL]

(or, if appropriate)

(Name of Corporation)

Witness:

**By:

(Authorized Representative)

** Attach appropriate corporate resolution evidencing authority to execute the Bid on behalf of the corporation.

Address of Corporation Bidder:

Contact Person:

Associates, Inc. 00 41 00 - 8 Bid Form

A Joint Venture

(Name)

(Address)

(Name)

(Address)

Address for Receipt of Official Communications:

(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.)

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

00 43 13 Page 1 of 2

DOCUMENT 00 43 13 - 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):

941 Long Street

Fountain Hill, PA 18015-2660

BID

Bid Due Date:

Description: Cherry Street Alley Paving Project, Project FH26-20

Construction of roadway improvements on Cherry Street Alley in the Borough of Fountain Hill, Lehigh

County, PA.

BOND

Bond Number:

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

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

00 43 13 Page 2 of 2

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 the 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 the 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.

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.

Hanover Engineering Statement of Associates, Inc. 00 45 13 - 1 Bidder’s Qualifications

DOCUMENT 00 45 13

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the dates 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/she desires.

1. Provide name of Bidder.

2. Provide name and home address of principals of the firm.

3. Provide permanent main office address.

4. When was firm organized?

5. If a corporation, where is it incorporated?

6. How many years has Bidder been engaged in the contracting business under present firm or trade name?

7. Provide background and experience of the principal members of Bidder organization, including the officers.

8. Describe general character of work regularly performed by Bidder firm.

9. List experience in construction work similar in importance to this project.

10. List at least three (3) projects recently completed by Bidder, stating the approximate cost for each, and the month and year completed.

11. List contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.)

12. Provide name of proposed Project Manager; credentials and experience record.

13…