2-Rhodes Avenue Landslide Rehab Phase II - Bidding Documents.pdf

RHODES AVENUE LANDSLIDE REHAB PHASE II

Submitted to: Aleppo Township ATTN: Ms. Gwen Patterson Sewickley, PA 15143 R007339.0502

220 West Kensinger Drive, Suite 100 Cranberry Township, PA 16066

724.779.4777 www.hrg-inc.com

Herbert, Rowland & Grubic, Inc.

Engineering | Planning | Infrastructure Solutions Submitted: April 2026

BIDDING DOCUMENTS

Herbert, Rowland & Grubic, Inc. 00 01 10 - 1 007339.0502

RHODES AVENUE LANDSLIDE REHAB PHASE II

TOWNSHIP OF ALEPPO

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS SECTION: PAGES

Procurement Requirements BID FORM .......................................................................................................................................... 00 41 16: 6 BID BOND .......................................................................................................................................... 00 43 13: 2 NON-COLLUSION AFFIDAVIT ............................................................................................................. 00 45 19: 1 NON-SEGREGATED FACILITIES & NON-EMPLOYMENT OF ILLEGAL ALIEN LABOR ............................ 00 45 33: 1 EEO CERTIFICATE .............................................................................................................................. 00 45 36: 1 PUBLIC WORKS EMPLOYMENT VERIFICATION FORM ....................................................................... 00 45 46: 1

Contracting Requirements AGREEMENT BETWEEN OWNER and CONTRACTOR for CONSTRUCTION CONTRACT ..................... 00 52 00: 9 NOTICE TO PROCEED FORM.............................................................................................................. 00 55 00: 1 PROJECT FORMS ............................................................................................................................... 00 60 00: 1 PERFORMANCE BOND ...................................................................................................................... 00 61 13.13: 4 PAYMENT BOND ............................................................................................................................... 00 61 13.16: 4 CONTRACTORS APPLICATION FOR PAYMENT ................................................................................... 00 62 76: 6 REQUEST FOR INFORMATION FORM ................................................................................................ 00 63 13: 1 FIELD ORDER FORM .......................................................................................................................... 00 63 36: 1 WORK CHANGE DIRECTIVE FORM .................................................................................................... 00 63 49: 1 CHANGE ORDER FORM ..................................................................................................................... 00 63 63: 1 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM ........................................................................ 00 65 16: 1 AFFIDAVIT OF RELEASE OF LIENS FORM ........................................................................................... 00 65 19.16: 1 CONSENT OF SURETY FOR FINAL PAYMENT FORM .......................................................................... 00 65 19.19: 1 NOTICE OF ACCEPTABILITY OF WORK ............................................................................................... 00 65 19.23: 1 GENERAL CONDITIONS ...................................................................................................................... 00 72 00: 93 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS.................................................................... 00 73 36: 4 WAGE RATE REQUIREMENTS ............................................................................................................ 00 73 43: 4 WAGE DETERMINATION SCHEDULE ................................................................................................. 00 73 46: 6 ANTI-POLLUTION MEASURES ............................................................................................................ 00 73 53: 1 STATUTORY REQUIREMENTS ............................................................................................................ 00 73 73: 13 STEEL PRODUCTS PROCUREMENT CERTIFICATION ........................................................................... 00 73 73A: 1

Specifications

DIVISION 01 – GENERAL REQUIREMENTS PAGES

01 10 00 PROJECT SUMMARY

01 22 00 UNIT PRICES

01 23 00 ALTERNATES

01 25 00 SUBSTITUTION PROCEDURES

01 25 00.1 SUBSTITUTION REQUEST (AFTER BID)

01 26 00 CONTRACT MODIFICATION PROCEDURES

01 26 13 REQUEST FOR INTERPRETATION

01 31 13 PROJECT COORDINATION

01 31 19 PROJECT MEETINGS

01 32 26 CONSTRUCTION PROGRESS REPORTING

01 32 33 PHOTOGRAPHIC DOCUMENTATION

01 33 00 SUBMITTAL PROCEDURES

01 40 00 QUALITY REQUIREMENTS

01 42 00 REFERENCES

01 50 00 TEMPORARY FACILITIES AND CONTROLS

01 57 28 TEMPORARY FLOW CONTROL

01 61 00 PRODUCT REQUIREMENTS

TABLE OF CONTENTS

Herbert, Rowland & Grubic, Inc. 00 01 10 - 2 007339.0502

01 73 00 EXECUTION REQUIREMENTS

01 77 00 CLOSEOUT PROCEDURES

01 78 36 WARRANTIES

01 78 39 PROJECT RECORD DOCUMENTS

DIVISION 31 – EARTHWORK PAGES

31 05 13 SOILS FOR EARTHWORK

31 05 16 AGGREGATES FOR EARTHWORK

31 22 13 ROUGH GRADING

31 23 16 EXCAVATION

31 23 23 FILL

31 25 00 EROSION AND SEDIMENTATION CONTROLS

31 37 00 RIPRAP

DIVISION 32 – EXTERIOR IMPROVEMENTS PAGES

32 05 13 SOILS FOR EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE BASE COURSES

32 12 16 ASPHALT PAVING

32 91 19 LANDSCAPING GRADING

32 92 19 SEEDING

DIVISION 33 – UTILITIES PAGES

33 42 00 STORMWATER CONVEYANCE

PLANS

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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BID FORM FOR CONSTRUCTION CONTRACT

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.

ARTICLE 1—OWNER AND BIDDER

1.1 This Bid is submitted to: Township of Aleppo, 100 North Drive, Sewickley PA 15143

1.2 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—ATTACHMENTS TO THIS BID

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

A. Required Bid security;

B. Non-Collusion Affidavit;

C. Public Works Employment Verification Form;

D. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

E. Certification of Non-Segregated Facilities and Non-Employment of Illegal Alien Labor;

F. Certification of Bidder regarding Equal Employment Opportunity.

G. Pennsylvania Department of Transportation Prequalification for related types of work.

ARTICLE 3—BASIS OF BID—UNIT PRICES

3.1 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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Base Bid Items

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

General

Mobilization and Project

Management

LS 1 $ $

Traffic Maintenance and

Protection

LS 1 $ $

Rhodes Avenue (Front) – Fog Seal – Base Bid

12 Fog Seal SY 2625 $ $

Rhodes Avenue (Back) – Base Bid

4 Subbase Excavation, 4” Depth SY 120 $ $

Subgrade Preparation and

Grading

SY 120 $ $

6 Class 1 Geotextile Fabric SY 120 $ $

7 2A Aggregate, 4.0” Depth SY 120 $ $

Binder Course, 19 mm Mix, 3.0”

Depth

SY 1220 $ $

Wearing Course, 9.5 mm Mix, 3.0” Depth, SRL-L

SY 1220 $ $

10 Bituminous Wedge Curb LF 650 $ $

11 Inlet Adjustment to Final Grade EA 2 $ $

3 4.5” Pavement Milling SY 1270 $ $

Total of Base Bid Prices $

Alternate Bid Items

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

Rhodes Avenue (Back) – Alternate 1 – Road Expansion

4 Subbase Excavation, 4” Depth SY 210 $ $

Subgrade Preparation and

Grading

SY 210 $ $

6 Class 1 Geotextile Fabric SY 210 $ $

7 2A Aggregate, 4.0” Depth SY 210 $ $

Binder Course, 19 mm Mix, 3.0”

Depth

SY 210 $ $

Wearing Course, 9.5 mm Mix, 1.5” Depth, SRL-L

SY 210 $ $

Total of Alternate Bid 1 $

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

Alternate 2 – Stormwater Improvements

13 Precast Type M Inlet (2’x4’) EA 1 $ $

14 15” HDPE LF 35 $ $

15 6” Perforated Underdrain LF 25 $ $

16 Rip Rap Apron EA 1 $ $

Utility Exploration and

Coordination

LS 1 $ $

Erosion and Sedimentation

Controls

LS 1 $ $

19 Clearing and Grubbing LS 1 $ $

20 Demolition LS 1 $ $

Binder Course, 19 mm Mix, 3.0”

Depth

SY 15 $ $

Wearing Course, 9.5 mm Mix, 1.5” Depth, SRL-L

SY 20 $ $

Total of Alternate Bid 2 $

Total Bid Items

Total of Base Bid Prices $

Total of Alternate Bid Items $

Total of Base Bid and Alternate Bid Items $

B. Bidder acknowledges that:

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

2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 4—TIME OF COMPLETION

4.1 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.

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

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.1 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 30 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.2 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.3 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.1 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

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

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. 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 obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

Herbert, Rowland & Grubic, Inc. 00 41 16 - 5 007339.0502 procedures of construction to be employed by Bidder, if selected as Contractor; and

(c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. 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.

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

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

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.2 Bidder’s Certifications

A. The Bidder certifies the following:

1. 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.

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

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 6.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. 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.

c. 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.

d. 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.

This document is a MODIFIED version of EJCDC® C-410, Copyright © 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

Herbert, Rowland & Grubic, Inc. 00 41 16 - 6 007339.0502

BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature) Name:

(typed or printed) Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable)

EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2

BID BOND (PENAL SUM FORM)

Bidder Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Bid

Name: Township of Aleppo Project (name and location):

Address (principal place of business): Rhodes Avenue Landslide Rehab Phase II Sewickley, PA 100 North Drive

Sewickley, PA 15143

Bid Due Date:

Bond

Penal Sum:

Date of Bond:

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

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs 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 will 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 does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will 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 will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must 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 Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will 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 will 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 governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

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

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NON-COLLUSION AFFIDAVIT

STATE OF :

S.S.

COUNTY OF : CONTRACT NO.

I state that I am [Title] of [Contractor] 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) _________________________________ (Contractor), its affiliates, subsidiaries, officers, directors and employees 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 that (Contractor) understands and acknowledges that the above representations are material and important, and will be relied on by the

______________________ (Owner) 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 the (Owner) of the true facts relating to the submission of bids for this contract.

SWORN TO AND SUBSCRIBED BEFORE ME

THIS DAY OF Name and Company Position

Notary Public

Signature Date

(SEAL)

My Commission Expires:

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CERTIFICATION OF NON-SEGREGATED FACILITIES AND NON-EMPLOYMENT

OF ILLEGAL ALIEN LABOR

The Bidder certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Employment Opportunity Clause in any contract resulting from acceptance of this Bid. As used in this certification, the term “segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he/she has obtained identical certifications from proposed subcontractors) prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Employment Opportunity Clause, that he/she will retain such certifications in his/her files.

The Bidder further certifies in accordance with Act 43 (PL May 11, 2006) that he/she shall not knowingly employ, or knowingly permit any of its subcontractors to knowingly employ, the labor services of an illegal alien.

In the event that the Bidder

(a) knowingly employs or knowingly permits any of its subcontractors to knowingly employ, the labor services of an illegal alien; and

(b) the Bidder or any of its subcontractors are sentenced under Federal law for an offense involving knowing use of labor by an illegal alien, The Bidder shall be subject to penalty as prescribed in Pennsylvania Act 43 (PL May 11, 2006).

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. § 1001.

Date: __________________, 20___ _________________________________ (Name of Bidder)

Official Address (including ZIP CODE): By: _____________________________

(Title)

Employer Identification Number ______________________________________

Herbert, Rowland & Grubic, Inc. 00 45 36 - 1 007339.0502

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 CFR 12319-25). The implementing rules and regulations provide that any Bidder or prospective Contractor, or any of their proposed subcontractors, shall state as an initial part of the Bid or negotiations of the Contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause, and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the Bidder has not filed a compliance report due under applicable instructions, such a Bidder shall be required to submit a compliance report within seven calendar days after Bid opening. No Contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER

(Name of Bidder)

(Address) (City) (State) (Zip Code)

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity clause.

Yes No

2. Compliance reports were required to be filed in connection with such contract or subcontract.

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

Yes No None Required (If No, please explain in detail.)

4. Have you ever been or are you being considered for sanction due to violation of Executive

Order 11246, as amended?

Certification: The information above is true and complete to the best of my knowledge and belief.

(Name of Signer) (Title)

(Signature) (Date)

Street Address 2

City State Zip Code

Doing Business As:

(if different from Legal Name)

Commonwealth of Pennsylvania

Public Works Employment Verification Form Complete and return the form to the contracting Public Body prior to the award of the contract.

Company Legal Name: ___________________________________________________________

Mailing Address: ______________________________________________________

Check one: Contractor Subcontractor

Contracting Public Body: _________________________________________________________

Contract/Project Number: ________________________________________________________

Project Description: _____________________________________________________________

Project Location: _______________________________________________________________

Date Enrolled in E-Verify (MM/DD/YYYY): ___________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I,____________________________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature Date of Signature

Printed Name: _________________________________________________________________

Phone Number: ______________________ Email: ____________________________________

Street Address 1

Herbert, Rowland & Grubic, Inc. 00 45 46 - 1 001787.0480

Kwon, Eugene Rectangle

Kwon, Eugene Typewriter 007339.0502

Herbert, Rowland & Grubic, Inc. 00 52 00 - 1 007339.0502

EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between Aleppo Township (“Owner”) and ______________________________ (“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project generally includes, but is not limited to, fog sealing, milling, and paving of Rhodes Avenue.

ARTICLE 2—THE PROJECT

2.1 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Rhodes Avenue Landslide Rehab Project Phase II

ARTICLE 3—ENGINEER

3.1 The Owner has retained Herbert, Rowland, & Grubic Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by Engineer.

ARTICLE 4—CONTRACT TIMES

4.1 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.2 Contract Times: Dates

A. The Work will be substantially complete on or before July 17, 2026, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before July 31, 2026.

4.5 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

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EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive, and will not be imposed concurrently.

B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

4.6 Special Damages

A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.

C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement.

ARTICLE 5—CONTRACT PRICE

5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract:

A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

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EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

General

Mobilization and Project

Management

LS 1 $ $

Traffic Maintenance and

Protection

LS 1 $ $

Rhodes Avenue (Front) – Fog Seal – Base Bid

12 Fog Seal SY 2625 $ $

Rhodes Avenue (Back) – Base Bid

4 Subbase Excavation, 4” Depth SY 120 $ $

5 Subgrade Preparation and Grading SY 120 $ $

6 Class 1 Geotextile Fabric SY 120 $ $

7 2A Aggregate, 4.0” Depth SY 120 $ $

Binder Course, 19 mm Mix, 3.0”

Depth

SY 1220 $ $

Wearing Course, 9.5 mm Mix, 3.0”

Depth, SRL-L

SY 1220 $ $

10 Bituminous Wedge Curb LF 650 $ $

11 Inlet Adjustment to Final Grade EA 2 $ $

3 4.5” Pavement Milling SY 1270 $ $

Total of Base Bid Prices $

Alternate Bid Items

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

Rhodes Avenue (Back) – Alternate 1 – Road Expansion

4 Subbase Excavation, 4” Depth SY 210 $ $

Subgrade Preparation and

Grading

SY 210 $ $

6 Class 1 Geotextile Fabric SY 210 $ $

7 2A Aggregate, 4.0” Depth SY 210 $ $

Binder Course, 19 mm Mix, 3.0”

Depth

SY 210 $ $

Wearing Course, 9.5 mm Mix, 1.5” Depth, SRL-L

SY 210 $ $

Total of Alternate Bid 1 $

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EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

Alternate 2 – Stormwater Improvements

13 Precast Type M Inlet (2’x4’) EA 1 $ $

14 15” HDPE LF 35 $ $

15 6” Perforated Underdrain LF 25 $ $

16 Rip Rap Apron EA 1 $ $

17 Utility Exploration and Coordination LS 1 $ $

18 Erosion and Sedimentation Controls LS 1 $ $

19 Clearing and Grubbing LS 1 $ $

20 Demolition LS 1 $ $

8 Binder Course, 19 mm Mix, 3.0” Depth SY 15 $ $

Wearing Course, 9.5 mm Mix, 1.5”

Depth, SRL-L

SY 20 $ $

Total of Alternate Bid 2 $

Total Bid Items

Total of Base Bid Prices $

Total of Alternate Bid Items $

Total of Base Bid and Alternate Bid Items $

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

ARTICLE 6—PAYMENT PROCEDURES

6.1 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.2 Progress Payments; Retainage

A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the 20th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

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EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.

a. 90 percent of the value of the Work completed (with the balance being retainage).

1) If 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, the retainage may be reduced from 10 percent to 5 percent; and

b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 150 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.3 Final Payment

A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.

6.4 Consent of Surety

A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.

6.5 Interest

A. All amounts not paid when due will bear interest at the rate of 10 percent per annum.

ARTICLE 7—CONTRACT DOCUMENTS

7.1 Contents

A. The Contract Documents consist of all of the following:

1. This Agreement.

2. Bonds:

a. Performance bond (together with power of attorney).

b. Payment bond (together with power of attorney).

3. General Conditions.

4. Specifications as listed in the table of contents of the project.

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EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

5. Drawings (not attached but incorporated by reference) consisting of 5 sheets with each sheet bearing the following general title: Rhodes Avenue Landslide Rehab Phase II.

6. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

e. Warranty Bond, if any.

B. The Contract Documents listed in Paragraph 7.1.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 7.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

8.1 Contractor’s Representations

A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

1. Contractor has examined and carefully studied the Contract Documents, including Addenda.

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.

5. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

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EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

6. Contractor 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 Contract Documents.

7. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

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

9. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

8.2 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.2:

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

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner,

(b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

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

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

8.3 Standard General Conditions

A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.

8.4 Accounting Records

A. Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01.E of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, Owner shall be afforded reasonable access during normal business hours to all Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work

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EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner.

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EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on _______________________ (which is the Effective Date of the Contract).

Owner: Contractor:

(typed or printed name of organization) (typed or printed name of organization)

(individual’s signature) (individual’s signature)

Date: Date:

(date…