2-Project Manual.pdf

00010-1

LOCATED IN:

WARWICK TOWNSHIP

LANCASTER COUNTY, PENNSYLVANIA

DATE:

September 19, 2025

PROJECT NUMBER:

135-581

PREPARED BY:

ELA GROUP, INC.

4139 Oregon Pike ● Ephrata, PA 17522

(717) 626-7271 ● Fax (717) 406-1000

Website: www.elagroup.com ● Email: staff@elagroup.com Central PA Office ● State College ● Butler, PA

PROJECT MANUAL

FOR

WARWICK TOWNSHIP

CULVERT RELINING AND REPAIRS

ON LITITZ RUN ROAD

http://www.elagroup.com/ mailto:staff@elagroup.com

00010-2

PROJECT DIRECTORY

OWNER

Warwick Township

315 Clay Road

P.O. Box 308

Lititz, PA 17543

Mr. Brian D. Harris, Township Manager

P: (717) 626-8900 bharris@warwicktownship.org

Mr. Jason Minnich, Road Superintendent

P: (717) 626-8900

M: (717) 742-7040 jminnich@warwicktownship.org

ENGINEER

ELA Group, Inc.

4139 Oregon Pike

Ephrata, PA 17522

Mr. Brian Miller, Project Engineer

P: (717) 626-7271

M: (717) 201-7273 bmiller@elagroup.com mailto:bharris@warwicktownship.org mailto:kim_james@hempfieldsd.org mailto:bmiller@elagroup.com

00010-3

SECTION 00010

TABLE OF CONTENTS

DIVISION 0

ADVERTISEMENT FOR BID 00111:1

INSTRUCTIONS TO BIDDERS 00200:1-8

BID FORM 00410:1-4

BID BOND 00430:1-2

NON-COLLUSION AFFIDAVIT 00450:1

AGREEMENT BETWEEN OWNER AND CONTRACTOR 00520:1-8

PERFORMANCE BOND 00610:1-3

PAYMENT BOND 00615:1-3

CONTRACTOR’S APPLICATION FOR PAYMENT 00620:1-4

CERTIFICATE OF SUBSTANTIAL COMPLETION 00625:1

GENERAL CONDITIONS 00700:1-65

SUPPLEMENTARY CONDITIONS 00800:1-6

PENNSYLVANIA PREVAILING WAGE ACT 00820:1-2

PREVAILING MINIMUM WAGE DETERMINATION 1-7

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM 00836:1

WORK CHANGE DIRECTIVE 00940:1

CHANGE ORDER 00941:1

FIELD ORDER 00942:1

00010-4

DIVISION 1 – GENERAL REQUIREMENTS

SPECIAL CONDITIONS 01000:1-2

MEASUREMENT AND PAYMENT 01200:1

SUBMITTAL PROCEDURES 01300:1-3

QUALITY CONTROL 01450:1-2

MAINTENANCE AND PROTECTION OF TRAFFIC 01550:1

CONTRACT CLOSEOUT 01700:1-3

DIVISION 2 – SITE CONSTRUCTION

SITE PREPARATION 02230:1-2

EARTHWORK 02300:1-2

EROSION AND SEDIMENTATION CONTROL 02370:1-2

STORM DRAINAGE 02630:1-3

FLEXIBLE BAFFLES 02800:1

DIVISION 3 – CONCRETE

REHABILITATION OF STRUCTURES 03400:1-9

APPENDIX A

DEP ACKNOWLEDGEMENT LETTER

GP113603225-002 SIGNED REGISTRATION FORM

PASPGP-6 GENERAL CONDITIONS

PFBC NOTIFICAITON FORM

00010-5

SECTION 00010

LIST OF DRAWINGS

2025 SITE FACITLIES REPAIRS:

COVER SHEET 1 OF 5

EXISTING CONDITIONS PLAN 2 OF 5

EROSION AND SEDIMENTAITON CONTROL PLAN 3 OF 5

EROSION AND SEDIMENTATION CONTROL DETAILS 4-5 OF 5

EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

WARWICK TOWNSHIP

CULVERT RELINING AND REPAIRS ON LITITZ RUN ROAD

Sealed proposals for the Warwick Township Culvert Relining and Repairs on Lititz Run Road will be received online via the PennBid Program (https://pennbid.bonfirehub.com) by Warwick Township until 2:00 PM, Prevailing Time, on Thursday, October 9, 2025, at which time they will be publicly opened via PennBid. Warwick Township Board of Supervisors will act on the Bid at their regularly scheduled Meeting on Wednesday, October 15, 2025.

The Bids must cover all costs for the completion of this project as set forth in the Project Manual. The principal items of work to be performed under the contract are: 1) protective coating of existing dual 6.5’ x 8’ CMP culvert pipes; 2) structure repairs and coating; 3) installation of flexible baffles; 4) installation of flared-end section at existing 18” SLCPP pipe discharge; 5) minor upstream channel bank grading and R-4 riprap installation; 6) erosion and sedimentation controls; and 7) work of similar nature.

All documents and solicitation details are available at no cost at the PennBid website (https://pennbid.bonfirehub.com).

Bid security in an amount not less than 10% of the amount of the bid will be required in the form of certified check, cashier’s check, bank treasurer’s check, or satisfactory bid bond made payable to or naming as obligee Warwick Township, Lancaster County. All bids will remain irrevocable for 60 days after the actual date of bid opening in compliance with Act 317 of 1978 approved November 26, 1978.

Bidders are advised that they must comply with All State anti-kickback regulations pertaining to work associated with this project. You are required to submit an executed anti-collusion statement with the bid.

The Pennsylvania Prevailing Wage Act (Act No. 442 – Session of 1961) shall apply to this project, as defined within the Project Manual, since this contract is estimated to cost more than $25,000.00.

A Performance Bond and Payment Bond, each in an amount equal to 100% of the contract and each with satisfactory corporate surety, will be required to be furnished by the successful bidder at the time stated in the specifications.

A pre-bid meeting will be held on Monday, September 29, 2025, at 9:00 AM at the Warwick Township Municipal Office (315 Clay Road, P.O. Box 308, Lititz, PA 17543). Prospective bidders are encouraged to attend.

Warwick Township hereby reserves the right to waive any defects, errors, omissions, or informalities, in bids received, to reject any and/or all bids submitted and to accept any bid which it may deem to be in the best interests of the Township.

WARWICK TOWNSHIP

Board of Supervisors

EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General

Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

B. Owner – West Lampeter Township, 852 Village Road, Lampeter, PA 17537.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained at no cost via the PennBid Program – https://pennbid.bonfirehub.com

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the state where the Project is located.

B. Bidder’s state or other contractor license number, if applicable.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

3.05 The Owner will not award any contract to a Bidder that has been disbarred by the Pennsylvania

Department of Labor and Industry for noncompliance with the Pennsylvania Prevailing Wage Act

(43 P.S. ¶165-1 through 165-17).

3.06 If any of the work is to be accomplished on Right-of-Way of the Pennsylvania Department of

Transportation or under PennDOT permit(s), the Owner will not award any contract to a Bidder that has been debarred under Title 67, Chapter 459.3(1).

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any

Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in 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 in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities:

1. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract

Documents and are based solely upon information and data furnished to Owner and

Engineer by owners of such Underground Facilities, including Owner, or others.

2. Underground utility locations are approximate and were determined from visible locations, Act 181 utility responses, and or the best available plan information. The exact location(s) of underground facilities or structures cannot be guaranteed. An exact location can only be obtained from exploratory excavation.

C. Adequacy of Data: 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 subsurface or physical 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 a Hazardous Environmental Condition at the

Site, if any, and possible changes in the Contract Documents due to any Hazardous

Environmental Condition 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.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. 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.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the

General Conditions indicate, if an Owner safety program exists, it will be noted in the

Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other prime contractors) and relates to the

Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

4.06 Tax Exempt Status

A. Hempfield School District is a tax-exempt entity. When preparing your bids, please consider that any taxes may be exempt using Hempfield School District’s Tax Exemption Number:

76-36310-5. A copy of the Hempfield School District tax exempt certificate can be found as an attachment to this project manual.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to

Technical Data in such reports and drawings;

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by

Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid 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 required, and in accordance with the other terms and conditions of the Bidding Documents;

G. 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;

H. 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;

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

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the

Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A mandatory pre-bid conference will be held at the Warwick Township Municipal Office (315

Clay Road, P.O. Box 308, Lititz, PA 17543) on Monday, September 29, 2025 at 9:00 A.M.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the

“Message/Vendor Discussions” feature in PennBid no later than seven (7) days prior to the date for receipt of bids. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten-percent

(10%) of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the

Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the

Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract

Documents and furnish the required contract security within 15 days after the Notice of Award, Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5

Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the

Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by

Engineer until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 Not applicable to the Bid.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. In Pennsylvania, electronic signatures are legally binding. (PA Statute, Title 73, Chapter 41).

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under signature), accompanied by evidence of authority to sign. The official address of partnership shall be shown. In Pennsylvania, electronic signatures are legally binding.

(PA Statute, Title 73, Chapter 41).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. In Pennsylvania, electronic signatures are legally binding. (PA Statute, Title 73, Chapter 41).

13.05 A Bid by an individual shall show the Bidder’s name and official address. In Pennsylvania, electronic signatures are legally binding. (PA Statute, Title 73, Chapter 41).

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

In Pennsylvania, electronic signatures are legally binding. (PA Statute, Title 73, Chapter 41).

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

13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and submit such covenant if requested. Bidder’s state contractor license number, if any, shall also be provided. (If Bidder is incorporated outside of the

Commonwealth of Pennsylvania, Bidder must be registered with the Department of Labor and

Industry as a Foreign Corporation authorized to conduct business within the Commonwealth of

Pennsylvania.) Bidder must attach an electronic copy of their authority and qualification to do business in the state of Pennsylvania to their online bid by clicking on the “Bid” tab, clicking on the “browse” button, and then clicking on the authority and qualification file(s). The authority and qualification file(s) will be attached to the bid submission when the “Submit Bid” button is clicked.

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis for the entirety of the base Bid and include separate price for each alternate and allowance described in the Contract Documents and as provided for in the Bid section in the PennBid program.

1. The price for each alternate will be the amount added to or deducted from the base Bid if Owner selects the alternate.

ARTICLE 15 – SUBMITTAL OF BID

15.01 Sealed Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com).

15.02 Contractors submitting online sealed Bids shall compete and submit the following documents electronically:

A. Evidence of authority to do business in the state of the Project. (See Instructions to Bidders, Document 00200, Section 13.03.)

B. Bid, including Bid Form, Document 00410.

C. Non-Collusion Affidavit, Document 00450

D. Attach an electronic file containing their required Bid Security, Document 00430. (See

Instructions to Bidders, Document 00200, Article 8-Bid Security).

E. Public Works Employment Verification Form, Document 00836.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7

F. Answer questions in the Bid (under the “RFI” subtab of the “Bids” tab).

When uploading a Bid Security or other document, the maximum individual file size is 20 MB.

15.03 Upon request by the Owner, the Bidder(s) will submit the below listed documents in original form and signature to the Owner within three (3) business days:

A. Original Bid Security (showing original seal and signature).

B. Financial statement for the most recent fiscal year.

15.04 Bidders are to submit their Bid by the date and time provided in PennBid and the Advertisement.

15.05 To submit a Bid, Bidders must fill out the Bid Form, check the Verification Statement and click the Submit Bid button at the bottom of the Bid form page. When submitted properly, the Bidder will receive an acknowledgment appearing in the middle of the screen saying “Your Bid has been submitted”. The completed Bid form can be printed or saved to ExcelTM by clicking the icons in the middle of the Bid form page.

15.06 At no time before Bid Opening can anyone other than the preparer see an electronic Bid.

15.07 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 The Bid can be withdrawn anytime within PennBid prior to the due date.

16.02 The Bid can be modified anytime within PennBid prior to the due date.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if Work is rebid, that Bidder will be disqualified from further bidding on the Work.

16.04 After the commencement of the Bid opening, no Bid may be withdrawn during the period specified for holding of bids as set for the in Paragraph 18 below, except as provided in

Pennsylvania Act 4 of 1974, P.L. 9, relating to withdrawal of a Bid in the event of a mistake.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be “opened” electronically at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates and allowances will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that

Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider 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 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the

Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance.

20.02 When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the

General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner may be exempt from Pennsylvania state sales and use taxes on some materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to

Paragraph SC-7.09 of the Supplementary Conditions for additional information.

EJCDC® C-410, Bid Form for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i

BID FORM

WARWICK TOWNSHIP

CULVERT RELINING AND REPAIRS

ON LITITZ RUN ROAD

Project Number: 135-581

Date: October 14, 2025

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii

TABLE OF CONTENTS

Page

ARTICLE 1 – Bid Recipient

ARTICLE 2 – Bidder’s Acknowledgements

ARTICLE 3 – Bidder’s Representations

ARTICLE 4 – Bidder’s Certification

ARTICLE 5 – Basis of Bid

ARTICLE 6 – Time of Completion

ARTICLE 7 – Attachments to this Bid

ARTICLE 8 – Defined Terms

ARTICLE 9 – Bid Submittal

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Warwick Township c/o Brian D. Harris, Township Manager

315 Clay Road

P.O. Box 308

Lititz, PA 17543

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

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

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

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary

Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by

Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the

Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents.

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

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article, and that without exception the

Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

K. The Contractor will comply with all requirements of the laws and implementing regulations of the Commonwealth of Pennsylvania and the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

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

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

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

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

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3

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

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the prices provided by Contractor in the PennBid program.

5.02 Bidder acknowledges that (1) the Lump Sum Total Price includes an amount considered by

Bidder to be adequate to cover Contractor’s overhead and profit for the entirety of the Work as identified in the Contract Documents, and (2) the Lump Sum Total Price will be the basis of the lowest apparent Bidder.

5.03 Bidder acknowledges that each Bid Unit Price includes an amount considered by Bidder to be 1) adequate to cover Contractor’s overhead and profit for each separately identified item, and 2) Bid

Unit Prices are solely for the purpose of quantifying the cost of any Owner-initiated changes or changes approved by the Owner (and agreed to by the Contractor), and final payment for all unit price Bid items will be based on actual quantities for Owner-initiated or approved changes, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 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.

ARTICLE 7 – ATTACHMENTS TO THIS BID

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

A. Required Bid security;

B. Affidavit of Non-Collusion;

C. Public Works Employment Verification Form;

D. List of Proposed Subcontractors;

E. List of Proposed Suppliers;

F. List of Project References;

G. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

H. Contractor’s License No.: __________ or Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

I. Completed questions in the Bid (under “RFI” subtab in the “Bids” tab);

J. Other Documents, as required by the Instructions to Bidders and/or Contract Documents.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

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

Prepared by the Engineers Joint Contract Documents Committee.

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):

WARWICK TOWNSHIP, 315 Clay Road, P.O. Box 308, Lititz, PA 17543

BID

Bid Due Date: October 14, 2025

Description (Culvert Relining and Repairs on Lititz Run Road): 1) protective coating of existing dual 6.5’ x 8’ CMP culvert pipes; 2) structure repairs and coating; 3) installation of flexible baffles; 4) installation of flared-end section at existing 18” SLCPP pipe discharge; 5) minor upstream channel bank grading and R-4 riprap installation; 6) erosion and sedimentation controls; and 7) work of similar nature.

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

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

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

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

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

Prepared by the Engineers Joint Contract Documents Committee.

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.

ELA GROUP, INC. NON-COLLUSION AFFIDAVIT 00450 – 1

NON-COLLUSION AFFIDAVIT

STATE OF ______________________:

S.S.

COUNTY OF ____________________: CONTRACT/BID NO. ___________

I state that I am _____________________ of __________________________________________

[Title] [Name of Firm] and that I am authorized to make this affidavit on behalf of 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 that:

(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, and neither the approximate price(s) nor approximate amount of this bid, have 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, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other 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 other noncompetitive bid.

(5) ______________________________________, its affiliates, subsidiaries, officers, directors and

[Name of Firm] employees 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…