2-CommParkPickleball-PROJ MAN.pdf

(2/2026) 17-1162.015 (CommParkPickleball-COV&DIV.docx)

PROJECT MANUAL AND CONTRACT DOCUMENTS

FOR

COMMUNITY PARK PICKLEBALL COURTS

UPPER MOUNT BETHEL TOWNSHIP

NORTHAMPTON COUNTY, PA

MARCH 2026

PREPARED FOR:

UPPER MOUNT BETHEL TOWNSHIP

387 YE OLDE HIGHWAY

MOUNT BETHEL, PA 18343

PREPARED BY:

CARROLL ENGINEERING CORPORATION

101 LARRY HOLMES DRIVE

SUITE 201

EASTON, PA 18042

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PROJECT MANUAL AND CONTRACT DOCUMENTS

FOR THE

COMMUNITY PARK PICKLEBALL COURTS

UPPER MOUNT BETHEL TOWNSHIP

NORTHAMPTON COUNTY, PA

TABLE OF CONTENTS

SECTION PAGES

Advertisement ADV-1

Bidding Requirements and Instructions

Instructions to Bidders IB-1 to 8 Bid Bond BB-1 to 2 Non-Collusion Affidavit NCA-1 to 2 Contractor’s Qualifications Statement CQS-1 to 8 Notice of Intent to Award NOIA-1 to 2

Contract Forms

Agreement AG-1 to 4 Notice to Proceed NTP-1 Public Works Employment Verification Act & Form EVAF-1 to 2 Payment Bond PB-1 to 2 Performance Bond PFB-1 to 2 Maintenance Bond MB-1 to 2 Contractor's Affidavit of Payment of Debts and Claims AOP-1 Consent of Surety Company to Final Payment CS-1 Contractor's Affidavit of Release of Liens AOR-1 Subcontractor’s Affidavit of Release of Liens SAOR-1 Contractor's Release of Liens RL-1 Certificate of Insurance (sample form) COI-1 Application and Certificate for Payment (sample form) AP-1 to 2 Weekly Payroll Certification for Public Works Projects (sample form) WPC-1 to 2 Notice of Completion NOC-1

Conditions of Contract General Conditions GC-1 to 20 Supplementary Conditions SC-1 Prevailing Wage Determination Pages 1 to 7

General Requirements and Technical Data

General Requirements GR-1 to 8 Technical Data Sheets TD-1 to 3

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ADVERTISEMENT

Bids will be received online by Upper Mount Bethel Township via PennBid until 11:00 AM prevailing time on Thursday, March 19, 2026, for the following:

“COMMUNITY PARK PICKLEBALL COURTS”

UPPER MOUNT BETHEL TOWNSHIP, NORTHAMPTON COUNTY, PA

The project consists of the complete furnishing and installation of pickleball courts at the Township Community Park, 1535 Potomac Street, Mount Bethel, PA, as well as all other associated work listed in the Project Manual and as indicated on the Project Plans.

All documents and details are available electronically on PennBid: https://pennbid.bonfirehub.com.

NO Pre-Bid Meeting will be held for this project.

Each bid must be accompanied by a certified check drawn to the order of Upper Mount Bethel Township, or a Bid Bond in favor of Upper Mount Bethel Township at 5% of the total bid price. Said check or bond shall be subject to the conditions in the Instructions to Bidders.

The work in connection with this project constitutes Public Works by a Public Body under the Pennsylvania Prevailing Wage Act. Bidders are advised that prevailing minimum wage rates, promulgated by the Pennsylvania Secretary of Labor, must be paid to workers employed on this project.

No bid may be withdrawn within sixty (60) days of the bid opening date. Upper Mount Bethel Township reserves the right to reject any and all bids and to waive any bidding informalities.

NICHOLAS GRAZIANO

TOWNSHIP MANAGER

https://urldefense.proofpoint.com/v2/url?u=https-3A__pennbid.bonfirehub.com&d=DwQFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=jBa2AWYdmF4LS5dfbJLLKvMYZPozmtVaA902znGysLw&m=xKtDrsOa167l19WOK7fMt-BaNINY3lIqxbfOsUvUyINCV23CxPDcZ2sW5yUKzG_A&s=PkCkgsQTvAFu9Su5gmMAcjjzYByP2LzkYrlOqYDRc6s&e=

BIDDING REQUIREMENTS AND INSTRUCTIONS

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INSTRUCTIONS TO BIDDERS

No. Article

1 Receipt and Opening Bids 2 Modification and Withdrawal of Bids 3 Preparation of Bids 4 Intent of Contract Documents 5 Addenda and Interpretations 6 Disclosure of Contents 7 Conditions of Work 8 Time for Completing Work and Liquidated Damages 9 Qualifications of Bidders (Replaced with the “Contractor’s Qualification

Statement” for this Contract) 10 Bid Security 11 Contract 12 Bonds and Insurance 13 Basis of Award 14 Rejection of Bids 15 Progress Payments 16 Trade Names 17 Power of Attorney 18 Permits, Approvals, and Licenses 19 Progress Schedule 20 Other Contracts 21 Estimated Quantities 22 Safety 23 Product Specifications 24 Supplementary Conditions 25 Employment Verification Act 26 Past Performance 27 Access to Accounting Records 28 Assignment of Refund Rights 29 Contracts with Subcontractors 30 Required Documents to Bid

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1. RECEIPT AND OPENING OF BIDS

Bids will be opened at the time and place indicated in the Advertisement for Bids. Unofficial bid results will be made available via Public Notice after the opening of Bids via PennBid.

Complete sets of the Bidding Documents stated in the Advertisement may be obtained at no cost from PennBid (https://pennbid.bonfirehub.com).

Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor

ENGINEER assumes any responsibility for errors or misinterpretations resulting from incomplete sets of Bidding Documents.

The OWNER may consider any bid non-responsive that is not prepared and submitted in accordance with the provisions hereto and may waive any informalities in or reject any and all bids.

Bids must be submitted with a Bid Bond adequately signed and sealed by the Bidder and

Surety Company.

2. MODIFICATION AND WITHDRAWAL OF BIDS

A Bid may be modified or withdrawn via PennBID at any time up to the bid due date and time.

3. PREPARATION OF BIDS

Bidders will be assumed to have carefully examined the Contract Documents for the work, all attached hereto, carefully investigated the physical conditions at the site and the character of the work to be done, and inquired thoroughly into the difficulties of constructing the work before preparing their bid. The OWNER will not be responsible for the Contractor's failure to estimate such difficulties and costs properly, or for overlooking any requirements of the Contract Documents.

The Pricing Form is under the “Prepare Your Submission” tab within the Opportunity on PennBid.

4. INTENT OF CONTRACT DOCUMENTS

The intent of the Contract Documents is to obtain a complete job satisfactory to the ENGINEER. It shall be understood that the bidder has satisfied himself as to the complete requirements of the Contract and has based his bid upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the prices bid for the items listed in the Pricing Form.

5. ADDENDA AND INTERPRETATIONS

All questions about the meaning or intent of the Bidding Documents are to be submitted via the

“Messages / Vendor Discussion” feature in PennBid. Interpretations or clarifications considered necessary in response to such questions will be issued through PennBid. Additionally, all addenda will be posted in PennBID “Public Files”. Questions received less than FIVE (5) DAYS before the opening of Bids may not be answered. Only questions answered by the addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect. An addendum may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or https://pennbid.bonfirehub.com/

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ENGINEER. Failure of any bidder to receive any such addenda or interpretations shall not relieve said bidder from any obligations under this bid as submitted. All addenda so issued shall become part of the Contract Documents.

6. DISCLOSURE OF CONTENTS

All proposals/bids and other material submitted become the property of the Township and may be returned only at the Township’s option. Information contained in the proposals/bids will not be disclosed during the evaluation process. Under Pennsylvania’s “Right to Know” laws, public records are required to be open to reasonable inspection and reproduction. All proposal/bid information, including detailed pricing and cost information, will be kept confidential during the evaluation process, before the issuance of a Notice of Intent to Award. Thereafter, all proposals/bids will become public information, subject to inspection and reproduction in accordance with the PA Right-to-Know Law (Act 3 of 2008), unless otherwise exempt under the Act. Copies of said public records may be made at the Township Building at a cost to the requesting party of $0.25 per page.

Notwithstanding any terms or conditions contained herein, Consultant/Vendor agrees to comply with all Local, State, and Federal laws and regulations. Consultant/Vendor specifically agrees to produce all documents that may be subject to public disclosure pursuant to the Pennsylvania Open Records Law.

Trade secrets and other proprietary data contained in a proposal may be held confidential if such data meets the definitions of confidential, proprietary information, and/or trade secrets under Section 102 of the Right to Know Law. Material considered confidential by the offeror must be clearly identified, and the offeror must include a brief statement that sets out the reasons for the confidentiality and how this information meets the criteria of Section 102 of the law.

7. CONDITIONS OF WORK

Each bidder must inform himself entirely of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve the successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration outlined in his bid.

At the time of the opening of bids, each bidder will be presumed to have inspected physical conditions at the site and to have read and be thoroughly familiar with the Contract Documents (including all addenda); the failure or omission of any bidder to receive or examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to his bid.

Where borings, test piles, or existing underground and overhead structure locations are shown, they are for the bidder’s information; their correctness is not guaranteed or warranted by the OWNER, and in no event is this information to be considered part of the Contract. If a bidder uses this information in preparing his bid, he must assume all risks arising from conditions that differ from the approximation shown. Bidders are notified that it is obligatory upon them to obtain, by their own means, the information they may require regarding the existing physical conditions, in particular subsurface and groundwater conditions. Bids for excavation are based on unclassified material.

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8. TIME FOR COMPLETING WORK AND LIQUIDATED DAMAGES

The time for completion of the work under this Contract shall be NINETY (90) calendar days after formal Notice-to-Proceed from the ENGINEER. All bidders are notified that time is of the essence for this Contract. The successful bidder will be required to prosecute the work to ensure its completion within the above number of calendar days. It is mutually agreed that damages to the OWNER for the failure of the successful bidder to fully complete the work under this Contract on or before the above-stated date shall be TWO HUNDRED DOLLARS ($200.00) for each calendar day after said date that shall elapse before the work is fully completed, which amount shall in no event be considered as a penalty, but as liquidated damages due the OWNER because of said delay.

The OWNER may retain the amount thereof from any money which otherwise would be payable hereunder to the successful bidder.

In addition to the above, so that the work may be accomplished in the shortest possible time, the successful bidder, weather permitting, shall be required to have qualified workmen with the designated foreman at work on-site at all times. The contractor’s personnel shall remain on-site throughout the duration of the successful bidder’s work. The Contractor shall not pull out of the project without the OWNER’s express consent. In addition, no change in the foreman shall be permitted without approval from the OWNER. The successful bidder will be required to submit a detailed schedule for completing the work, subject to the OWNER's review and approval.

9. QUALIFICATIONS OF BIDDERS

(Replaced with the “Contractor’s Qualification Statement” for this Contract)

All Bidders must be PennDOT prequalified as a PRIME CONTRACTOR and be prequalified in the specific PennDOT Work Class Codes that constitute at least 50% of the project. Bidders are required to submit a copy of the PennDOT Prequalification Certificate with their bid. Additionally, any subcontractors performing work on this project must be Prequalified for the particular item(s) in which they are performing work.

10. BID SECURITY

Each bid must be accompanied by a Bid Bond duly executed by the bidder as principal and having as surety thereon a surety company approved by the OWNER in an amount not less than FIVE PERCENT (5%) of the base bid amount. Bid Bonds will be covered with the surety of a company authorized to do business in the Commonwealth of Pennsylvania. Bid Bonds provided as surety will not be returned to the bidder after award unless the bidder specifically requests that the Township do so. Bids submitted with a Bid Bond must be appropriately signed and sealed by the Bidder and Surety Company.

11. CONTRACT

The bidder to whom the Contract is awarded shall submit all required Bonds and Insurance to the

OWNER within TEN (10) DAYS after the official notice of acceptance of their bid. The time for such submittal may be extended at the OWNER's election and for the OWNER's sole benefit.

Failure or refusal of the bidder to do so will be considered an abandonment of the Contract. The security posted with said bid shall be forfeited to and become the property of the OWNER in an amount not to exceed the difference between the amount specified in said bid and such larger amount for which the OWNER may, in good faith, contract with another party to perform the work covered

(2/2026) 17-1162.015 (CommParkPickleball-IB.docx) IB-5 by said bid. It is expressly understood and agreed by the Bidders that the contractual obligations of the Township to the Bidders are effective only after the execution of a contract signed by all parties.

12. BONDS AND INSURANCE

The successful bidder must deliver to the OWNER executed certificates of insurance as stipulated in the General Conditions or the Supplementary Conditions and executed bonds as a security for the faithful performance of his Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and for maintenance of the work for the designated period after the OWNER has accepted it.

The Performance and Payment Bonds shall each be in the amount of ONE HUNDRED PERCENT

(100%) of the Contract Price, and the Maintenance Bond shall be in the amount of TEN PERCENT (10%) of the Contract Price and shall cover a maintenance period of one year.

All bonds shall be prepared in the form of bonds attached hereto and shall have as security thereon such surety company or companies as are acceptable to the OWNER and as are authorized to transact business in this state. Alterations made in terms of the Specifications and/or quantities of work shall in no way violate the bonds.

13. BASIS OF AWARD

The Contract will be awarded based on competitive bidding to the responsible bidder submitting the lowest responsive bid.

14. REJECTION OF BIDS

The OWNER reserves the right to reject any or all bids or to accept any bid should it be deemed in its best interest to do so. Bids that are incomplete, conditional, or obscure, or contain additions not called for, erasures, alterations, or irregularities of any kind may be rejected as non-responsive. The right to reject or accept bids shall be solely for the OWNER’S benefit and shall create no right, entitlement, or expectation in any bidder.

15. PROGRESS PAYMENTS

Refer to General Conditions for details on progress payments and retainage.

16. TRADE NAMES

Wherever trade names are used either on the Drawings or in the Specifications, it is understood that such names and designations indicate a type or kind of material and/or equipment. Approved equal in kind, type, and/or quality will be accepted at the OWNER’S discretion. The Contractor shall submit manufacturers' specifications, etc., sufficient for the ENGINEER to determine equivalency of material and/or equipment as directed in the Instructions to Bidders, Article 26.

17. POWER OF ATTORNEY

Attorneys-in-fact who execute contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

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18. PERMITS, APPROVALS, AND LICENSES

Each Contractor shall be required to determine the necessity for, and obtain, all necessary permits, licenses, and approvals from the municipality or other public authorities, and shall give all notices required by law or municipal ordinances for this work. The OWNER will assume the charges or fees for any permits issued by the OWNER, but the Contractor shall bear any other fees.

19. PROGRESS SCHEDULE

Within SEVEN (7) consecutive calendar days after the award of the Contract to him, the Contractor shall submit a proposed program of operation, showing clearly how he proposes to conduct the work to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress, and the dates when his work will be sufficiently finished to permit the installation of the work under other contracts. The work under this contract shall be scheduled so that, as structures are completed, they can be placed in use or operation with a minimum delay. The program shall be subject to the OWNER’s approval and shall be updated by the Contractor at any time during the performance of the Contract, should the OWNER determine that the Contractor's actual progress does not correspond to that projected in the then-existing progress schedule.

20. OTHER CONTRACTS

Bidders are advised that work other than the work covered under their Contract may be in progress at the site of the work during the performance of the work covered by these documents. Accordingly, bidders are warned that construction activities at the site must be coordinated to avoid interference.

UNDER NO CIRCUMSTANCES SHALL THE OWNER OR ENGINEER BE HELD

RESPONSIBLE TO THE CONTRACTOR FOR DELAYS OR EXTRA WORK OCCASIONED

BY INTERFERENCE OF OTHER CONTRACTORS.

21. ESTIMATED QUANTITIES

The quantities given in the Pricing Form, if any, are approximate only, being given as a basis for the uniform comparison of bids, and the OWNER does not expressly or by implication warrant that the actual amount of work will correspond therewith.

22. SAFETY

It shall be the single and sole responsibility of the Contractor to ensure that its activities comply with applicable safety requirements. Neither the ENGINEER nor the OWNER shall owe any duty under this Contract or otherwise to the Contractor or its agents, employees, or guests to inspect the work or otherwise ensure compliance by the Contractor with applicable safety requirements. No increases in the contract price or extensions of the contract completion time shall be granted by the OWNER as a consequence of the Contractor's failure to comply.

23. PRODUCT SPECIFICATIONS

The Contract, if awarded, will be based on materials and equipment specified or described in the

Bidding Documents without consideration of possible substitutes or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material

(2/2026) 17-1162.015 (CommParkPickleball-IB.docx) IB-7 or equipment may be furnished or used by the Contractor if acceptable to the OWNER, application for such acceptance will not be considered until after the Contract is awarded. The OWNER reserves the right to reject any unspecified product or products submitted that require changes in design, construction, or other changes that may increase the contract price for the performance of the work. The substitute or “or-equal” product submitted by the Contractor shall meet the Specifications requirements and shall, in all respects, be equal to the products specified by name herein. The OWNER shall be the sole judge as to the equality of the proposed alternate product.

24. SUPPLEMENTARY CONDITIONS

The bidder's attention is directed to the Supplementary Conditions of these Specifications.

Supplementary Conditions amend and supplement portions of the General Conditions as required for this project.

25. EMPLOYMENT VERIFICATION ACT

The PA Public Works Employment Verification Act (Act 127 of 2012) will apply to this Contract.

This Act requires public works contractors and subcontractors to verify employment eligibility, provides for the powers and duties of the Department of General Services, prescribes sanctions, and establishes good faith immunity under certain circumstances.

26. PAST PERFORMANCE

Any bidder who has demonstrated poor performance during either a current or previous agreement with the Township may be considered an unqualified source, and their bid may be rejected. The Township reserves the right to exercise this option as deemed proper and/or necessary.

27. ACCESS TO ACCOUNTING RECORDS

The Contractor shall check all materials, equipment, and labor entering the Work and keep such complete and detailed accounts as necessary for proper financial management under this Agreement.

The system shall be satisfactory to the OWNER. The OWNER or its representative shall be afforded access to all the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this contract, and the Contractor shall preserve all such records for three years, or for such longer period as may be required by law, after the final payment.

28. ASSIGNMENT OF REFUND RIGHTS

The Contractor agrees to assign and transfer all its rights to sales and use tax to the OWNER, which may be refunded upon a claim for refund or for materials purchased in connection with this contract.

The Contractor further agrees that it will not file a claim for a refund for any sales or use tax that is the subject of this assignment.

29. CONTRACTS WITH SUBCONTRACTORS

The Contractor agrees to include the “Access to Accounting Records” and “Assignments of Refund

Rights” paragraphs in full in any contracts with subcontractors.

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30. REQUIRED DOCUMENTS TO BID

The following documents must be uploaded as attachments to the bid submitted via PennBID:

Bid Bond (BB). If the bid bond is provided, a financial statement of the surety company, a certified copy of the Power of Attorney of the person who signed the bond, and an officer-signed certificate of the surety company that they will provide the required bonds if the bidder is awarded the Contract.

Non-Collusion Affidavit (NCA) Contractor’s Qualification Statement (CQS) Public Works Employment Verification Form (EVAF)

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BID BOND

KNOW ALL MEN BY THESE PRESENTS that we, the undersigned ________________________

_________________________________ as Principal, and ____________________________________

____________ as Surety, are at this moment held and firmly bound unto Upper Mount Bethel Township, 387 Ye Olde Highway, Mount Bethel, PA 18343, as Owner, in the penal sum of ____________________

___________________________ ($ ) for the payment of which, well and truly to be made, we at this moment jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

Signed this ___ day of ____________, 20__.

The Condition of the above obligation is such that whereas the principal has submitted to ___________

__________________ a certain Bid, attached hereto and at this moment made a part hereof, to enter into a contract in writing for:

COMMUNITY PARK PICKLEBALL COURTS

NOW, THEREFORE:

A) If said Bid shall be rejected or, in the alternative, B) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of the

Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

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The Surety, for value received, stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid;

and said Surety does at this moment waive notice of any such extension.

IN WITNESS OF WHICH, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed, and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

(PRINCIPAL)

(SURETY)

BY:

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INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Anti-Bid-Rigging Act, 73 P.S. 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the bidder’s member, officer, or employee who makes the final decision on prices and the amount quoted in the bid.

3. Bid rigging and other efforts to restrain competition and making false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval, or submission of the bid.

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "complementary bid", as used in the Affidavit, has the meaning commonly associated with that term in the bidding process and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of the bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions will disqualify the bid.

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NON-COLLUSION AFFIDAVIT

State of :

:s.s.

County of :

I state I am __________________ of ______________________________________, and I am authorized (Title) (Name of My Firm) to make this affidavit for my firm and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state:

1. The price(s) and amount of this bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, bidder, or potential bidder.

2. Neither the price(s) nor the amount of this bid, nor the approximate price(s) nor the approximate amount of this bid has been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, to submit a bid higher than this bid, or to submit any intentionally high or non-competitive bid or another form of complementary bid.

4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or another non-competitive bid.

5. ____________________________, its affiliates, subsidiaries, officers, directors, and employees are (Name of My Firm) not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state ___________________________________________________ understands and acknowledges the (Name of My Firm) above representations are material and important and will be relied on by Upper Mount Bethel Township in awarding the contract(s) for which this bid is submitted. I understand, and my firm understands, that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Upper Mount Bethel Township of the true facts relating to the submission of bids for this contract.

(Name and Company Position)

Subscribed and sworn to me this ___ day of __________, 20__.

Notary Public:

My Commission Expires:

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THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA

CONTRACTOR’S QUALIFICATION STATEMENT

FOR ENGINEERED CONSTRUCTION

AGC of America developed this qualification statement in cooperation with the Engineers Joint Contract Documents Committee (EJCDC), which recommends its use as a suggested generic prequalification statement or a contract-specific qualification statement. The owner or engineer may wish to make appropriate supplemental inquiries in the latter case.

The Engineers Joint Contract Documents Committee consists of representatives of the following organizations:

National Society of Professional Engineers American Consulting Engineers Council

American Society of Civil Engineers Construction Specifications Institute

The contents of this statement are CONFIDENTIAL.

Submitted by:

Name of Organization

Name of Individual

Title

Address

Telephone

Submitted to:

Name Upper Mount Bethel Township

Address 387 Ye Olde Highway

Mount Bethel, PA 18064

Telephone 570-897-6127

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Project Name and Description (if applicable)

1. Contractor’s General Business Information

Check If:

Corporation Partnership Joint Venture Sole Proprietorship

If Corporation:

a. Date and State of Incorporation

b. List of Executive Officers

Name Title

If Partnership:

a. Date and State of Organization

b. Names of Current General Partners

c. Type of Partnership

General Limited Publicly Traded Other (describe):

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If Joint Venture:

b. Name, Address, and Form of Organization of Joint Venture Partners:

(Indicate managing partner by an asterisk *)

If Sole Proprietorship:

b. Name and Address of Owner or Owners

2. On Schedule A, attached, list major engineered construction projects completed by this organization in the past five (5) years. (If joint venture, list each participant’s projects separately).

Schedule B, attached, lists current projects under construction by this organization. (If joint venture, list each participant’s projects separately.)

3. Name of Surety Company and agent’s name, address, and phone number.

4. Is your organization a member of a controlled group of corporations as defined in I.R.C. Sec.

1563?

Yes No

If yes, show the names and addresses of affiliated companies.

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5. Furnish on Schedule C, attached, details of the construction experience of the principal individuals of your organization directly involved in construction operations.

6. Has your organization ever failed to complete any construction contract awarded to it?

If yes, describe the circumstances in the attachment.

7. Has any Corporate officer, partner, joint venture participant, or proprietor ever failed to complete a construction contract awarded to them in their name or when acting as a principal of another organization?

8. In the last five years, has your organization substantially failed to complete a project on time?

Yes No

9. Indicate general types of work performed with your workforce.

10. What is your approximate total bonding capacity?

$500,000 to $2,000,000 $2,000,000 to $5,000,000 $5,000,000 to $10,000,000 $10,000,000 or more

11. Furnish the following information concerning an accredited banking institution familiar with your organization.

Name of Bank

Address

Account Manager

Telephone

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I, at this moment, certify that the information submitted herewith, including any attachments, is accurate to the best of my knowledge and belief.

(Name of Person Authorized to Sign)

By:

(Signature)

Title:

Dated:

Subscribed and sworn to before me this ____ day of _______________, 20___.

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SCHEDULE A

Name, Location, and

Description of Project

Owner

Design

Engineer

Date

Completed

Contract

Price

Reference/Contact Include

Address and Phase

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SCHEDULE B

Name, Location, and

Description of Project

Owner

Design

Engineer

Contract

Price

Amount

Completed

Date of Scheduled Completion

Reference/Contact

Include Address & Phone

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SCHEDULE C

Name

Position

Date Started with this Organization

Date Started in

Construction

Prior Positions and

Experience in Construction

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NOTICE OF INTENT TO AWARD

Dated:

TO: (BIDDER)

ADDRESS:

CONTRACT FOR: Community Park Pickleball Courts Upper Mount Bethel Township, Northampton County, PA

You are notified that your Bid dated ______________, 2026, for the above Contract has been considered.

You are the apparent successful bidder and have been awarded the above-referenced contract.

Your Contract Price is ($ ).

One (1) copy of each proposed Contract Document requiring your signature accompanies this Notice of Intent to Award. Please be advised that all copies of each attached Contract Document must be executed appropriately and require original signatures and seal (where applicable).

You must comply with the following conditions within ten (10) days of receipt of this Notice of Intent to Award, that is, by ________________, 2026.

1. You must deliver to the ENGINEER one (1) fully executed counterpart of the Agreement and all relevant cover sheets of each Contract Document. These counterparts may be delivered via email to Deb Powers at dpowers@carrollengineering.com or by overnight mail to 101 Larry Holmes Drive, Suite 201, Easton, PA 18042.

2. You must deliver the contract security (bonds) as specified in the Instructions to Bidders and the specifications with the contract documents executed. Blank copies of bond forms are included for your convenience.

3. You must deliver one (1) copy of your Certificate of Insurance with the executed Contract

Documents. Insurance requirements are outlined in the sample certificate, the Specifications, and the Supplementary Conditions.

4. Other conditions precedent:

a. Execution of the Agreement by the OWNER is subject to the CONTRACTOR’S compliance with the applicable parts of the Contract Documents.

b. Commencement of Work by the CONTRACTOR is governed by issuing a Notice to Proceed.

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c. The Instructions to Bidders, the Specifications, and Special Conditions provide that the CONTRACTOR submit the following items within certain times following the Notice to Proceed:

1) The preliminary schedule of values is to be submitted within ten (10) days of the Notice to Proceed.

2) The submittal review schedule is to be submitted within fifteen (15) days of the Notice to Proceed.

3) Preconstruction photography must be submitted within fifteen (15) days of the Notice to Proceed, all for the ENGINEER’s review and acceptance.

4) Listing of any proposed Subcontractor(s) to be submitted within ten (10) days of the

Notice to Proceed.

Failure to comply with these conditions within the time specified will entitle the OWNER to consider your bid abandoned, to annul this Notice of Intent to Award, and to declare your Bid Security forfeited.

Within ten (10) days of your compliance with these conditions, OWNER will return one (1) fully signed counterpart of the Agreement.

(OWNER)

Agent for OWNER (AUTHORIZED SIGNATURE):

Carroll Engineering Corporation

TITLE:

CONTRACT FORMS

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AGREEMENT

THIS AGREEMENT made this ___ day of __________, 20__, by and between Upper Mount Bethel

Township, 387 Ye Olde Highway, Mount Bethel, PA 18343, from now on “OWNER,” and ________

____________________________________, from now on “CONTRACTOR.” The OWNER and the

CONTRACTOR, in consideration of the mutual promises contained in this Agreement and intending to be legally bound, agree as follows:

GENERAL PROVISIONS

The CONTRACTOR shall:

(a) have charge of and be responsible for the entire work for which he has contracted until its completion and acceptance by the OWNER;

(b) be held liable for any defects that may appear in the material he has furnished or in his work for one (1) year after final acceptance by the OWNER;

(c) be solely liable for any damage occasioned by his work to the property of the OWNER and others, and

(d) upon conclusion, clean up the ground worked over.

RESPONSIBILITIES OF CONTRACTOR

The CONTRACTOR agrees to pay for all materials furnished and services rendered for the performance of the Contract and any person or corporation furnishing materials or rendering services to the CONTRACTOR as though such person or corporation were expressly named herein, provided the action is brought within one (1) year after the time and cause of the action accrued.

The CONTRACTOR shall defend, indemnify, and save harmless the OWNER and Engineer, their officers, employees, and agents from and against any claims, demands, suits, judgments, costs, and expenses of any kind arising out of work to be performed hereunder and resulting in any injury (including death) to any person or damage to any property (including loss of use) caused by any act or failure to act by the CONTRACTOR, its officers, employees, agents, or guests.

It is also agreed and understood that the CONTRACTOR's acceptance of final payment shall be considered a full release of any claim against the OWNER arising out of or because of the work done and materials furnished under this Contract.

The CONTRACTOR shall cooperate with the OWNER to carry out the work without interrupting any service to the public.

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BONDS AND INSURANCE CERTIFICATES

The Contract will not become effective until the OWNER has received satisfactory performance, material payment, and maintenance bonds executed by responsible surety companies licensed to do business in the Commonwealth of Pennsylvania and acceptable to the OWNER, together with Certificates of Insurance in respect of the insurance required by these Specifications under policies issued by companies authorized to do business in the Commonwealth of Pennsylvania and acceptable to the

OWNER. FAILURE TO SUPPLY PROOF OF INSURANCE SHALL CONSTITUTE A MATERIAL

BREACH OF THIS AGREEMENT. Remedies for such material breach include termination of the Agreement by Township and/or the withholding of payments by the Township until such time that the material breach is cured.

APPLICABLE LAW

This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of law’s provisions) and the decisions of the Pennsylvania courts. The Supplier consents to the venue and jurisdiction of the Court of Common Pleas of Northampton County in Pennsylvania, waiving any claim or defense that such forum is not convenient or proper. The Supplier agrees that any such court shall have in-person jurisdiction over it and consents to service of process in any manner authorized by Pennsylvania law.

INTEGRATION

The Agreement, including all referenced documents and attachments, constitutes the entire agreement between the parties. No agent, representative, employee, or officer of either the Township or Supplier has the authority to make or had made any statement, agreement, or representation, oral or written, in connection with the Agreement, which in any way can be deemed to modify, add to, or detract from, or otherwise change or alter its terms and conditions unless otherwise explicitly stated within the agreement. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Agreement. No modifications, alterations, changes, or waivers to the Agreement or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties. All such amendments will be made under the terms of the Agreement or using the appropriate Township form.

RIGHT TO KNOW LAW

A. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104 (“RTKL”) applies to this

Agreement.

B. If the Township needs the Supplier’s assistance in any matter arising out of the RTKL related to this Agreement, it shall notify the Supplier using the legal contact information provided in this Agreement. The Supplier, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Township.

C. Upon written notification from the Township that it requires the Supplier’s assistance in responding to a request under the RTKL for information related to this Agreement that may be in the Supplier’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), the Supplier shall:

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1) Provide the Township, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in the Supplier’s possession arising out of this Agreement, the Township reasonably believes is Requested Information and may be a public record under the RTKL; and,

2) Provide such other assistance as the Township may reasonably request to comply with the RTKL concerning this Agreement.

D. If the Supplier considers the Requested Information to include a request for a Trade Secret or

Confidential Proprietary Information, as those terms are defined by the RTKL or other information that the Supplier considers exempt from production under the RTKL, the Supplier must notify the Township and provide; within seven (7) calendar days of receiving the written notification, a redacted copy of such document along with a written statement signed by a representative of the supplier explaining why the requested material is exempt from public disclosure under the RTKL.

E. The Township will rely upon the written statement from the Supplier in denying an RTKL request for the Requested Information unless the Township determines the Requested Information is clearly not protected from disclosure under the RTKL. Should the Township determine the Requested Information is clearly not exempt from disclosure, the Supplier shall provide the Requested Information within five (5) business days of receipt of written notification of the Township’s determination.

F. If the Supplier fails to provide the Requested Information within the time period required by these provisions, the Supplier shall indemnify, defend, and hold the Township harmless for any damages, penalties, costs, detriment, or harm the Township may incur because of the Supplier’s failure, including any statutory damages assessed against the Township.

G. The Supplier shall have an obligation to request participation and defend the decision issued by the

Northampton County Office of Open Records in any appeal to the Pennsylvania Office of Open Records and subsequent appeal regarding documents of the Supplier.

H. The Supplier’s duties relating to the RTKL are continuing duties that survive the expiration of this

Agreement and shall continue as long as the Supplier has the Requested Information in its possession.

STARTING AND PROSECUTION OF WORK

The Bidder agrees to begin the work within SEVEN (7) CALENDAR DAYS after receipt of the Notice to Proceed and to prosecute it expeditiously to a conclusion, using an adequate number of competent men, suitable equipment, and machinery at all times and working each working day that weather conditions permit. In the event the work is not completed within NINETY (90) CALENDAR DAYS after receipt of formal notice from the Engineer, from now on referred to as start work, the OWNER may retain as liquidated damages for delay only, TWO HUNDRED DOLLARS ($200.00) for each day from the expiration of such period to and including the day of completion.

In addition to the above, to ensure the work is accomplished in the shortest possible time, the successful bidder, weather permitting, shall be required to have qualified workers and designated supervisors on-site at all times. The CONTRACTOR’s personnel shall remain on-site throughout the successful bidder’s work. At no time shall the CONTRACTOR pull off the project without the OWNER’s express consent. In addition, no change in the supervisor shall be permitted without the OWNER's approval.

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The successful bidder will be required to submit a detailed schedule for completing the work, subject to the OWNER's review and approval.

WORK INCLUDED IN CONTRACT

A. The Contract shall consist of furnishing all labor, superintendence, materials, equipment, tools, and other facilities, and all things necessary and proper for the performance of the work as shown on the Contract Drawings and as described in these Specifications (prepared by the Engineer) and the Advertisement for Bid.

B. The Contractor is responsible for furnishing and installing all footings and walls as shown in the

Contract Drawings.

CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, the General and Supplementary Conditions of the Contract, the Contract Plans, the Specifications, all Addenda issued before bidding, and all modifications issued after execution of this Agreement. These form the Contract, and all are as entirely a part of the Contract as if attached to this Agreement or repeated herein. The OWNER shall furnish the CONTRACTOR with one (1) copy of the Agreement and one (1) set of Bonds to complete the work.

MATERIALS TO BE FURNISHED BY THE OWNER

The OWNER shall furnish no materials.

WORK DONE BY THE OWNER

The OWNER shall do no work in connection with this Contract.

PAYMENTS

In consideration of the CONTRACTOR faithfully complying with the terms and stipulations of the Contract, the OWNER covenants and agrees to pay the sum outlined in the CONTRACTOR's bid and also pay for extra work that may be agreed upon in writing. These prices shall be total compensation under the terms of the Contract.

CONTROLLING TERMS AND CONDITIONS

The terms and conditions of this Agreement shall be the exclusive terms of the agreement between the Supplier and the Township. Other terms and conditions or additional terms and conditions included or referenced in the Supplier’s invoices, business forms, or other documentation shall not become part of the parties’ agreement. They shall be disregarded by the parties, unenforceable by the Supplier, and not binding on the Township.

IN WITNESS WHEREOF: OWNER has, by Resolution, authorized the corporate seal of Upper Mount Bethel Township to be affixed, and the CONTRACTOR has caused his seal to be affixed, and the Contract signed by duly authorized officials, the day and year first shown above.

TOTAL AMOUNT OF BID: $

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IN WITNESS WHEREOF: The parties hereto have caused the signature of their proper officers and seals to be affixed to it:

FOR UPPER MOUNT BETHEL TOWNSHIP:

ATTEST:

BY: BY:

Printed Name Title Printed Name

Signature Signature

DATE: DATE:

FOR CONTRACTOR:

ATTEST:

BY: BY:

Printed Name Title Printed Name

Signature Signature

DATE: DATE:

FEDERAL I.D. NO.:

Company Name and Address

Company Address

RECOMMENDED FOR CARROLL ENGINEERING CORPORATION:

Printed Name Title Signature

DATE:

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NOTICE TO PROCEED

DATED:

TO:

(CONTRACTOR)

COMPANY:

ADDRESS:

PROJECT: COMMUNITY PARK PICKLEBALL COURTS

Upper Mount Bethel Township, Northampton County, PA

You are hereby notified that the Contract Times under the above contract will commence on ________ (day), ________ (date), 2026. You will start performing your obligations under the Contract Documents by that date. In accordance with the Agreement, STARTING AND PROSECUTION OF WORK (AG-3), the date of Substantial Completion (45 calendar days) is ________ (day), ________ (date), 2026, and the date of readiness or final payment (182 calendar days) is ________ (day), ________ (date), 2026.

Before you start any work at the site, the CONTRACTOR must comply with all requirements enumerated in the Notice of Intent to Award document.

UPPER MOUNT BETHEL TOWNSHIP

(OWNER)

Agent for OWNER (AUTHORIZED SIGNATURE):

Carroll Engineering Corporation

By:

Justin M. Coyle, P.E.

Title: Township Engineer

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PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

In accordance with the Act of July 5, 2012 (P.L. 1086, No. 127), known as the “Public Works Employment Verification Act” (43 P.S. 167.1 et. seq.), CONTRACTORS and subcontractors (if any) shall verify employment eligibility.