CONTRACT DOCUMENTS

FOR

BIG POND ROAD CULVERT

REPLACEMENT PROJECT

Located in

SOUTH NEWTON TOWNSHIP

CUMBERLAND COUNTY, PA

Prepared for

SOUTH NEWTON TOWNSHIP

11 High Mountain Road

PO Box 11 Walnut Bottom, PA 17266

APRIL 2026

Prepared By

CES ENGINEERING, LLC

7910 SUNRISE CAMP ROAD

HUNTINGDON, PA 16652

(814) 644-6621

Big Pond Road Culvert Replacement Project

CONTRACT DOCUMENTS

TABLE OF CONTENTS

PAGE

PART I – INVITATION FOR BIDS ......................................................................................................... 00030-1

PART II – INSTRUCTION TO BIDDERS .............................................................................................. 00200-1

PART III – SIGNATURE DOCUMENTS

Bid Form ............................................................................................................................... 00410-1

Bid Bond ............................................................................................................................... 00430-1

Non-Collusion Affidavit of Prime Bidder……………………………………………………….00450-1

Statement of Bidder’s Qualifications………………………………………………………...…00460-1

Public Works Employment Verification Form

W-9 Form

PART IV – CONTRACT DOCUMENTS

Notice of Award ..................................................................................................................... 00510-1

Contract Agreement………………………………………………………………………… ..... 00520-1

Notice to Proceed .................................................................................................................. 00550-1

Performance Bond ................................................................................................................ 00610-1

Payment Bond ....................................................................................................................... 00615-1

Application for Payment ........................................................................................................ 00620-1

Certificate of Substantial Completion…………………………………………………………..00625-1

Statement of Surety Company………………………………………………………………….00680-1

PART V – GENERAL CONDITIONS

PART VI – SUPPLEMENTARY GENERAL CONDITIONS

PART VII – PENNSYLVANIA PREVAILING WAGES

PART VIII – TECHNICAL SPECIFICATIONS

011000 – Summary .................................................................................................................. 011000-1

012200 – Unit Prices……………………………………………………………………………….012200-1

012500 – Substitution Procedures………………………………………………………………..012500-1

012600 – Contract Modification Procedures…………………………………………………….012600-1

012900 – Payment Procedures…………………………………………………………………..012900-1

013100 – Project Management and Coordination…………………………………………….. 013100-1

013200 – Construction Progress Documentation………………………………………………013200-1

013233 – Photographic Documentation…………………………………………………………013233-1

013300 – Submittal Procedures ............................................................................................... 013300-1

015000 – Temporary Facilities and Controls ........................................................................... 015000-1

017300 – Execution………………………………………………………………………………..017300-1

017419 – Construction Waste Management…………………………………………………….017419-1

017700 – Closeout Procedures ............................................................................................... 017700-1

017839 – Project Record Documents……………………………………………………………017839-1

024119 – Selective Demolition................................................................................................. 024119-1

311000 – Site Clearing ............................................................................................................. 311000-1

312000 – Earth Moving ............................................................................................................ 312000-1

321216 – Asphalt Paving………………………………………………………………………….321216-1

329113 – Soil Preparation…………………………………………………………………………329113-1

329200 – Turf and Grasses……………………………………………………………………….329200-1

GP-11 Permit

PART I

INVITATION FOR BIDS

00030-1

PART I - INVITATION FOR BIDS

The South Newton Township will receive sealed bids for “BIG POND ROAD CULVERT REPLACEMENT PROJECT” via the PennBid Program (http://pennbid.bonfirehub.com) until Tuesday, May 12, 2026 at 2pm, at 11 High Mountain Road, Walnut Bottom, PA 17266 at which time and place bids will be publicly opened and read aloud.

The project consists of the following: demolition, excavation, installation of a Contech Aluminum Arch Culvert, stone subbase, milling, asphalt paving overlay, asphalt paving, guiderail, seeding and mulching, E&S BMPs, etc.

A non-mandatory Pre-Bid Meeting will be held for prospective bidders at South Newton Township 11 High Mountain Road, Walnut Bottom, PA 17266 on Tuesday, April 28, 2026, at 2 pm.

Bidding documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com). Bidders shall submit all questions about the meaning or intent of the Bidding Documents via the “Ask A Question” feature in PennBid no later than five (5) days prior to the date of receipt of bids. Responses to questions which require an addenda or changes to the Bidding Documents will be issued via a Public Notice and posted on PennBid. Bidders who have registered with and downloaded documents for this project from PennBid will be notified by email when a change or addenda has been posted.

A certified check or bank draft payable to the order of South Newton Township, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety in an amount equal to ten percent (10%) of the total of the Bid, shall be submitted with each bid. The Bidder shall include the fully completed Non- Collusion Affidavit with the bid.

A Performance and Payment Bond in an amount equal to 100% of the contract and issued by a corporate surety authorized to do business in the Commonwealth of Pennsylvania will be required to be furnished by the successful bidder.

Compliance with Act 127 of 2012 requiring all contractors and subcontractors to use e-Verify for verification of employment eligibility for all employees will be required. Verification form shall be provided to Brady Township as a precondition of being awarded a contract.

The Pennsylvania Prevailing Wage and Related Acts apply to this Project.

Bids may be held by the Township for up to 60 days from the date of opening for the purpose of reviewing the bids and investigating the qualifications of bidders prior to awarding the contract. The Township reserves the right to reject any or all bids, to waive any irregularities, or to negotiate contract amounts.

Awards shall be made only to responsible bidders that possess the potential ability to perform successfully under the terms and conditions of this procurement. Consideration shall be given to such matters as bidder integrity, compliance with public policy, record of past performance and financial and technical resources when determining responsibility.

http://pennbid.bonfirehub.com/ https://pennbid.bonfirehub.com/

00030-2

South Newton Township

LEGAL AD

Please print: Apr. 15th and 22nd

Please send invoice to:

South Newton Township 11 High Mountain Road PO Box 11 Walnut Bottom, PA 17266

Please send Proof of Publication to:

CES Engineering, LLC 7910 Sunrise Camp Road Huntingdon, PA 16652

PART II

INSTRUCTION TO BIDDERS

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

TOC Page1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3--Qualifications of Bidders…………………………………………………………………………………………………………..2

Article 4-- Pre-Bid Conference………………………………………………………………………………………………………………….2

Article 5--Site and Other Areas; Existing Site Conditions; Examination of Site; Owner's Safety Program;

Other Work at the Site……………………………………………………………………………………………………………………………..3

Article 6--Bidder's Representations and Certifications……………………………………………………………………………..4

Article 7-- Interpretations and Addenda…………………………………………………………………………………………………..4

Article 8-- Bid Security………………………………………………………………………………………………………………………………4

Article 9-- Contract Times…………………………………………………………………………………………………………………………5

Article 10-- Substitutions and "Or Equal" Items………………………………………………………………………………………..5

Article 11-- Subcontractors, Suppliers, and Others…………………………………………………………………………………..6

Article 12-- Preparation of Bid………………………………………………………………………………………………………………….6

Article 13-- Basis of Bid…………………………………………………………………………………………………………………………….7

Article 14-- Submittal of Bid……………………………………………………………………………………………………………………..8

Article 15-- Modification and Withdraw of Bid…………………………………………………………………………………………8

Article 16-- Opening of Bids……………………………………………………………………………………………………………………..9

Article 17-- Bids to Remain Subject to Acceptance……………………………………………………………………………………9

Article 18-- Evaluation of Bids and Award of Contract…………………………………………………………………………..…9

Article 19-- Bonds and Insurance……………………………………………………………………………………………………………10

Article 20-- Signing of Agreement…………………………………………………………………………………………………………..10

Article 21-- Prevailing Wages………………………………………………………………………………………………………………….10

Article 22-- E-Verify Law…………………………………………………………………………………………………………………………10

Article 23 -- Compliance with Federal, State, and Local Laws…………………………………………………………………10

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

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 which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

Bidding Documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com) or maybe purchased from CES Engineering, please contact Lee Zeger at lzeger@ces-engr.com.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Bidding Documents, including the completed Bid Forms, Public Works Employment Verification Form, Identification of Individual, Partnership, or Corporate Principals, Bid Bond, and the Non- Collusion Affidavit shall be completed and submitted, sealed, and clearly labeled with the words "Big Pond Road Culvert Replacement Project”.

2.04 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or Invitation to Bid, from the Issuing Office.

Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (pdf) that is readable by Adobe Acrobat Reader Version. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not https://pennbid.bonfirehub.com/

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.04.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within 15 days of Owner’s request, Bidder must submit the following information:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

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

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

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.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or Invitation to Bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 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 storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.02 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. A Site visit is scheduled following the pre-bid conference.

C. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site. Bidder must conduct the required Site visit during normal working hours.

D. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general 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. Bidder is responsible for establishing access needed to reach specific selected test sites.

E. Bidder must 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.

F. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.03 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

5.04 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.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the “Message/Vendor Discussions” feature in PennBid or via email to CES Engineering, LLC to the following address: lzeger@ces-engr.com no later than five (5) days prior to the date for receipt of bids.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and mailto:lzeger@ces-engr.com

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

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, 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 and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will 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 7 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 7 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 (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 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 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders.

Bidders cannot rely upon approvals made in any other manner.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

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 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening if required by the Supplementary Conditions:

11.02 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder is submitting bid via Hard Copy, bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must 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 must be shown.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must 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 must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

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

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

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

ARTICLE 13—BASIS OF BID

13.04 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all the unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

ARTICLE 14—SUBMITTAL OF BID

14.01 Bids shall be submitted online via the PennBid Program (http://penbid.bonfirehub.com) by the date and time indicated in the Invitation to Bid along with the Bid Security and the other documents required to be submitted as identified herein.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to bid. Bids submitted by any other means will not be considered.

14.03 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

14.04 A Bid received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

14.05 The following items need to accompany Bid Form:

A. Required Bid Security in the form of 10%

B. 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;

C. Statement of Bidder’s Qualifications

D. Non-Collusion Affidavit of Prime Bidder

E. Certification of Non-Segregated Facility

F. Public Works Employment Verification Form

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 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 its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be http://penbid.bonfirehub.com/

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened 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, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 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.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 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, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

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

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether 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.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form

C. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. Total of Lump Sum Bid and total for Unit Price Bids will be added together to determines the lowest Bid.

18.06 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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 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 19—BONDS AND INSURANCE

19.01 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, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will 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 must 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 10 days thereafter, Owner will 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 21—PREVAILING WAGE

21.01 Contractor is responsible for following the Pennsylvania Prevailing Wage Act. See Pennsylvania Prevailing Wage Determination in the Project Manual for this project.

ARTICLE 22—E-VERIFY LAW

22.01 Compliance with Act 127 of 2012 requiring all contractors and subcontractors to use e-Verify for verification of employment eligibility for all employees will be required. Verification form shall be provided to the Owner as a precondition of being awarded a contract.

ARTICLE 23 – COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS

23.01 Attention of Bidders is particularly called to the necessity of complying with all Federal, State, and Local Laws and regulations.

PART III

SIGNATURE DOCUMENTS

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

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

1.01 This Bid is submitted to:

South Newton Township 11 High Mountain Road PO Box 11 Walnut Bottom. PA 17266

This Bid is submitted for:

Big Pond Road Culvert Replacement Project

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—ATTACHMENTS TO THIS BID

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

A. Required Bid security;

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

F. Required Bidder Qualification Statement with supporting data;

G. Non-Collusion Affidavit of Prime Bidder;

H. Certification of Non-Segregated Facilities and Non- employment of Illegal Alien Labor;

I. Public Works Employment Verification Form;

J. Certification of Bidder Regarding Equal Employment Opportunity;

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Unit Cost Bids

A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s), together with any Unit Prices indicated in Paragraph 3.02:

1. Unit Cost Price

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

Item No.

Description Unit Estimated Quantity

Bid Unit Price Bid Amount

1 Mobilization LS 1 $ $ 2 Maintenance & Protection of

Traffic

LS 1 $ $

3 General Conditions LS 1 $ $ 4 Clearing & Grubbing LS 1 $ $ 5 Class 1 Excavation CY 440 $ $ 6 Saw cutting LF 36 $ $ 7 Selected Borrow Excavation Rock, Class R-3

CY 200 $ $

8 Selected Borrow Excavation Rock, Class R-6

CY 40 $ $

9 Selected Borrow Excavation, Course Aggregate, No. 57

Ton 100 $ $

10 Selected Borrow Excavation, Course Aggregate, No. 2A

Ton 95 $ $

11 Selected Borrow Excavation, Course Aggregate, No. 8

Ton 23 $ $

12 Geotextile, Class 4, Type A SY 846 $ $ 13 Milling of Asphalt Pavement

Surface, 2” depth

SY 200 $ $

14 Subbase 6” Depth (No. 2A) SY 505 $ $ 15 Superpave asphalt mixture design, wearing course (leveling), PG64S- 22, < 0.3 million ESLAS, 9.5 mm, 1/2” depth

SY 200 $ $

16 Superpave asphalt mixture design, wearing course, PG64S-22, < 0.3 million ESLAS, 9.5 mm, 1 1/2” depth

SY 505 $ $

17 Superpave asphalt mixture design, base course, PG64S-22, < 0.3 million ESLAS, 25 mm, 2 1/2” depth

SY 505 $ $

18 Asphalt Tack Coat (NTT/CNTT) SY 705 $ $ 19 Asphalt Prime Coat SY 305 $ $ 20 Terminal Section, Single EA 3 $ $ 21 Type 2 – weak post end Section EA 1 $ $ 22 Type 31-S Guide Rail LF 174 $ $ 23 Long Span Guide Rail LF 50 $ $ 24 Construction Surveying, Type D LS 1 $ $ 25 Remove Fencing LF 425 $ $ 26 Pumped Water Filter Bag EA 1 $ $ 27 Replacement Pumped Water Filter

Bag

EA 1 $ $

28 Compost Filter Sock, 12” Diameter LF 314 $ $ 29 Silt Fabric Fence, 18” (Habitat

Fence)

LF 575 $ $

30 Concrete Washout EA 1 $ $ 31 Temporary Seeding & Mulching SY 540 $ $

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

32 Removal of Existing Culverts & Headwalls

LS 1 $ $

33 Installation of Precast Concrete Arch Culvert, As Designed

LS 1 $ $

34 Temporary Channel Diversion LS 1 $ $ 35 Temporary 48” Culverts LF 120 $ $ 36 Temporary Fence LF 254 $ $ 37 Sheep Fence LF 435 $ $ 38 Remove & Reinstall Dry Hydrant EA 1 $ $ 39 Spread topsoil CY 140 $ $ 40 Permanent Seeding & Mulching SY 840 $ $ 41 Soil Amendments SY 185 $ $ 42 Wetland Seeding & Mulching SY 185 $ $ 43 E&S Matting SY 70 $ $

Total of All Base Bid Unit Price Items $

ARTICLE 4—TIME OF COMPLETION

4.01 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.

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

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

ADDENDA

5.01 Bid Acceptance Period

A. 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.

5.02 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.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

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 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 procedures of construction to be employed by Bidder, if selected as Contractor; and

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

5. 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.

6. 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.

7. 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.

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

9. 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.

6.02 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:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

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.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

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)

T…