4-Bid 2025-06 Hamilton Blvd and Lincoln Ave Bid Specifications.pdf

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INVITATION TO BID # 2025-06

HAMILTON BLVD (SR 222) and LINCOLN AVE INTERSECTION

IMPROVEMENTS

SOUTH WHITEHALL TOWNSHIP

September 24, 2025

Due Date: October 23, 2025

Time: 10:00 A.M., Local Time

DONNA ZACKERU-LAGONIA

SOUTH WHITEHALL TOWNSHIP

4444 WALBERT AVENUE

ALLENTOWN, PA 18104

PHONE: 610-398-0401 Ext. 227

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NOTICE TO BIDDERS

South Whitehall Township is soliciting bids for the following:

BID # 2025-06

HAMILTON BLVD (SR 222) and LINCOLN AVE

INTERSECTION IMPROVEMENTS

A mandatory pre-bid meeting will be held on October 6, 2025, at 9:00 a.m. at the South Whitehall

Township Municipal Building located at 4444 Walbert Avenue, Allentown, PA 18104. Attendance at the pre-bid meeting is mandatory for a bid to be considered.

Online sealed bids shall be submitted via the PennBid Program until 10:00 a.m. on October 23, 2025. Paper bids will not be accepted. All documents and solicitation details are available online at no cost except for any fees that the successful bidder may be responsible for paying directly to

PennBid – https://pennbid.bonfirehub.com.

On October 23, 2025 at 10:00 a.m., South Whitehall Township will receive the sealed bids and open them online, with results being made public via PennBid.

A bid security in the amount of ten percent (10%) of the bid price shall be submitted with the bid.

A performance bond of one hundred percent (100%) shall be submitted within ten (10) days from the date a bid has been accepted.

Funding for this project is provided by the Commonwealth of PA, Dept. of Transportation ARLE

Grant contract #C920003073. All work provided by the contractor awarded will be in compliance with the grant requirements included in the bid specifications.

This project is subject to Pennsylvania Prevailing Wage Act and the prevailing wage rates are incorporated in the bid documents.

Any questions or concerns regarding this notice should be directed to Donna Zackeru, South

Whitehall Township Purchasing Agent, at 610-398-0401 ext. 227.

South Whitehall Township reserves the right to reject any and all bids and to accept either in whole or in part any one bid or combination of bids and to accept the bid which it determines in its best interests.

Tricia Dickert

Secretary

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TABLE OF CONTENTS

Section 1: Bidder Instructions

1. Defined Terms

2. Bid Forms

3. Mandatory Pre-Bid Conference and/or Site Visit

4. Submission Date

5. Opening of Bids

6. Bid Security/Bid Bond

7. Clarifications, Questions, and Waivers/Modifications

8. Exceptions

9. Bid Withdrawal

10. Contract Award and Execution

11. Qualifications

12. Other Reservations

13. Anti-Bid Rigging

14. Incurring Costs

15. Grant Funding………………………………………………………………………4

Section 2: General Terms and Conditions

1. Bidder Investigation

2. Tax Exempt

3. Assignment

4. Bonds

5. Indemnification

6. Liability Insurance

7. Royalty & License Fees

8. Marketing

9. Guarantee

10. Change Orders

11. Invoices and Payments

12. Retainage

13. Failure to Provide Services or Products

14. Price Adjustment of Bituminous Materials (Escalator Clause)

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15. Certificate of Compliance

16. Liquidated Damages

17. Condition of Product

18. Compliance with Applicable Laws

19. Permits and Licenses

20. Business Privilege License

21. Motor Vehicle Procurement Act

22. Public Works Employment Verification Act

23. Pennsylvania Prevailing Wage Act

24. Trade Practices Act

25. Steel Products Act

26. Pennsylvania Right-To-Know Act

27. OSHA

28. Used Oil Recycling Act

Section 3: Scope of Work & Specifications ...................................................................... 13-98

Appendices – Highway Occupancy Permit/Traffic Control Signal Permit

FORMS ATTACHED:

1. Bid Proposal Form & Worksheets

2. Steel Products Act Exemption Request Form

3. Bid Bond Form

4. Bidder Qualification Form

5. Non-Collusion Affidavit

6. Public Works Employment Verification Form

7. Non-Discrimination/Sexual Harassment Agreement Form

8. Performance Bond (sample)

9. Maintenance Bond (sample)

10. Submission Check List Form

11. Prevailing Wage Act Contract Requirements

Attachment A – Grant Agreement with South Whitehall Township Contract #C920003073

Attachment B – Prevailing Wage Rate Determination

Attachment C – Construction Plans

770.2401 SOUTH WHITEHALL TOWNSHIP SEPTEMBER 2025

ADA CURB RAMPS AND TRAFFIC SIGNAL UPGRADES

SECTION 1: BIDDER INSTRUCTIONS

1. DEFINED TERMS.

1.1. “Invitation to Bid Package” includes the following:

(a) Notice to Bidders

(b) Bidder Instructions

(c) General Terms and Conditions

(d) Scope of Work & Specifications

(e) Bid Proposal Form

(f) Steel Products Act Exception Request Form

(g) Bid Bond Form

(h) Bidder Qualification Form

(i) Non-Collusion Affidavit

(j) Public Works Employment Verification Form

(k) Non-Discrimination/Sexual Harassment Agreement Form

(l) Submission Checklist Form

(m) Prevailing Wage Act Contract Requirements

(n) Prevailing Wage Rates

1.2. “Bid Forms” shall mean the forms included in the Invitation to Bid Package to be completed by the Bidder.

1.3. "Bidder" means a person or company who responds to the Invitation to Bids.

1.4. “Township” shall mean the Township of South Whitehall, Lehigh County, Pennsylvania.

1.5. “Successful Bidder” shall mean the lowest, qualified, responsible and responsive

Bidder to whom the Township, on the basis of the Township’s evaluation as hereinafter provided, makes an award.

1.6. “Contractor” shall mean a Successful Bidder who is awarded the contract with the

Township and timely submits the required performance bond and any other required items pursuant to the terms and conditions set forth herein.

1.7. “Contract” is the Contract included herein that is to be executed by the Successful

Bidder upon notification by the Township of an award of contract.

2. BID FORMS.

2.1. All bids shall be made upon the Bid Forms provided with this Invitation to Bid Package.

All blank spaces in the Bid Forms shall be clearly printed or typed in a legible manner. The Bid Forms must be signed in ink in all spaces in which signatures are required.

2.2. The Bid Forms shall be neither re-typed, nor scanned.

2.3. Bidders must complete all Bidder Forms as listed on the Bidder Checklist Form and upload them to PennBid as part of bid response.

3. MANDATORY PRE-BID MEETING. A mandatory pre-bid meeting shall take place on

October 6, 2025 at 9:00 a.m.. Attendance at the pre-bid meeting is mandatory for a bid to be considered.

4. SUBMISSION DATE. A complete Bid package must be submitted online via Pennbid – https://pennbid.bonfirehub.com on or before the 23rd day of October 2025, by 10:00 a.m. local time.

Bidders will be unable to submit a bid after that time.

5. OPENING OF BIDS. Bids will be opened on October 23, 2025, at 10:00 a.m. local time through the PennBid online site at https://pennbid.bonfirehub.com.

6. BID SECURITY/BID BOND.

6.1. Bids shall be accompanied by cash, certified check, cashier’s check, or other irrevocable letter of credit drawn upon a bank authorized to do business in the Commonwealth of

Pennsylvania, or by a bond with corporate surety from a company authorized to do business in the

Commonwealth of Pennsylvania, made payable to South Whitehall Township, in the amount of ten percent (10%) of the bid; the estimated total on the Bid Worksheet.

6.2. The bid security of the Successful Bidder will be retained by the Township until Bidder has executed the Contract, furnished the required performance bond or security (if required), and met any other conditions, whereupon the bid security will be returned.

6.3. In the event the Successful Bidder fails to execute and deliver the Contract, and/or fails to furnish the required performance bond or security (if required) within ten (10) days of notice of award, or if for any reason it cannot fulfill the obligation, in part or in its entirety, under the terms of the Contract, the Township has the right to select another Bidder and the bid security of the first

Successful Bidder shall be forfeited as liquidated damages to the Township along with the difference in cost between the first Successful Bidder’s price and the actual price paid to the Bidder who executes the Contract and furnishes a performance bond. The cost difference shall be paid by the default bidder to the Township within thirty (30) days after written notice is given to the default bidder.

6.4. The bid security for all other Bidders will be returned as soon as practicable after the award of the bid.

7. CLARIFICATIONS, QUESTIONS, AND WAIVERS/MODIFICATIONS. Any requests for clarification or modification concerning the requirements and conditions set forth in this Invitation to

Bid must be made in writing and submitted to the Contracts Administrator, online via PennBid – https://pennbid.bonfirehub.com and by using the “ask question tab” supplied by PennBid. Responses to such requests will be provided to ALL Bidders in addition to the Bidder making the request and will be posted on the PennBid site. Such response shall not constitute an Addendum unless issued with the title “Addendum” and signed by hand by the Township Manager or designee. Any request for clarification or modification by a Bidder must be submitted at least five (5) business days prior to the bid submission date. Township may, but is not obligated to, provide a response to any request for clarification or modification by a Bidder that is not submitted at least five (5) business days prior to the bid submission date. Bidders will be unable to submit questions and/or clarifications after the submittal deadline.

8. EXCEPTIONS.

8.1. Any exceptions to terms, conditions, or other requirements in any part of this Invitation to Bid must be clearly pointed out in the Bid Proposal Form. Otherwise, the Township will consider that all items offered are in strict compliance with this Invitation to Bid, and the Successful Bidder will be responsible for compliance.

8.2. The Township reserves the right to disqualify a bidder who takes exceptions to the terms, conditions, or other requirements. However, exceptions may be accepted by the Township if it finds that acceptance of such exceptions are in the best interests of the Township.

9. BID WITHDRAWAL.

9.1. At any time up to the hour and date set for opening of bids, a Bidder may withdraw its bid. Such withdrawal must be prompted by the bidder on the Pennbid website using the “withdraw button”.

9.2. After the scheduled time for opening the bids, no Bidder will be permitted to withdraw its bid, and each Bidder hereby agrees that its bid shall remain firm until accepted or rejected. A bid made and opened may be withdrawn with the written permission of the Township if, in the Township’s opinion, the bid is inconsistent with the best interest of the Township.

10. CONTRACT AWARD AND EXECUTION.

10.1. It is the desire of the Township to award a contract to a Successful Bidder within sixty

(60) days from the date of opening the bids.

10.2. The Successful Bidder will receive written notice of the award of contract from the

Township along with two copies of the Contract and related bond forms. The Successful Bidder shall deliver to the Township a fully executed Contract, most recent W-9, and Bond form(s), along with insurance certificates, policies, and binders as may be required, and any other requested items within ten (10) days from the date of the award. Failure to furnish said documents to the Township within the time prescribed shall be considered a breach.

11. QUALIFICATIONS.

11.1. A Successful Bidder must possess the capability to fully perform the Contract requirements in all respects including possessing the necessary facilities, experience, organization, financial capacity, integrity, and reliability to fulfill the conditions of the Contract and its terms and specifications.

11.2. When applicable, Bidders must be PennDOT prequalified as specified in section 102.01 of Publication 408-20.

11.3. Any Bidders under suspension or debarment by the Commonwealth, any other state, or the Federal government, or those that have been suspended or debarred within the past three (3) years, are not eligible for an award of Contract. Bidders shall not contract with or employ any subcontractors, suppliers, or individuals that are currently under suspension or debarment by the Commonwealth or any other state.

11.4. Bidder shall provide, as part of its bid, the information requested in the Bidder

Qualification Form which is included in the Invitation to Bid Package. Pursuant to the Bidder

Qualification Form, Bidder shall provide at least four (4) references, including a contact person and telephone number for similar projects completed within the last three (3) years.

11.5. The Township reserves the right to contact any and all references provided by the

Bidder, as well as any of the Bidder’s past or current clients or customers to obtain information on the

Bidder’s past performance and experience. Such information may be used in a determination of the

Bidder’s responsibility.

12. OTHER RESERVATIONS.

12.1. The Township reserves the right to reject any and all bids, and to accept either in whole or in part any one bid or combination of bids.

12.2. The Township reserves the right to reject the bid of any Bidder who has demonstrated poor performance during either a current or previous agreement with the Township.

12.3. The Township reserves the right to choose any Bidder which, in its judgment, is best suited for the intended purposes.

12.4. The Township reserves the right to reject a bid as nonresponsive if it is materially unbalanced as to price(s) for the base requirement, any unit price, and/or any options. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated. A bid may be rejected if the Township determines that lack of balance poses an unacceptable risk to the Township.

13. ANTI-BID RIGGING. The bids of any Bidders who engage in collusive bidding shall be rejected. Any Bidder who submits more than one bid in such manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a Collusive Bidder.

The Township may reject the bids of any Collusive Bidder upon bid openings of future projects.

Nothing in this section shall prevent a Bidder from superseding a bid by a subsequent bid delivered prior to bid opening which expressly revokes the previous bid.

14. INCURRING COSTS. The Township is not liable for any cost or expenses incurred by

Bidders or prospective Bidders in the preparation of their bids or for attendance at any conferences, meetings, or site visits related to this Invitation to Bid.

15. GRANT FUNDING. This project is funded by the Commonwealth of Pennsylvania

Department of Transportation ARLE Grant contract #C920030073. All work provided by the awarded

Contractor will be in compliance with the grant requirements incorporated in the bid specifications.

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SECTION 2: GENERAL TERMS AND CONDITIONS

1. BIDDER INVESTIGATION. It is each Bidder’s responsibility to read, review and fully understand and acquaint itself with any and all plans, specifications, and documents contained in this

Invitation to Bid Package. If applicable, Bidder should examine the location and conditions of the work. Bidders shall have no claim against the Township based upon ignorance of the nature or requirements of the project or goods to be furnished. Once the award has been made, failure to have read all of the terms, conditions, and specifications in this Invitation to Bid Package shall not be cause to alter any term of the Contract or provide valid grounds for the Bidder to seek additional compensation.

2. TAX EXEMPT. As a political subdivision of the Commonwealth of Pennsylvania, the

Township is exempt from Federal Excise Taxes and Pennsylvania Sales Taxes. Net prices as shown in the bid shall exclude such Federal and State Tax amounts.

3. ASSIGNMENT. The Contractor shall NOT assign, delegate, transfer, convey, sublet or otherwise dispose of said contract, or his right, title or interest in or to same, or any part thereof, without previous consent in writing from the Township, endorsed on or attached to the Contract. This provision does not apply to work performed by subcontractors so long as said subcontractors are listed on the Bidder Qualification Form.

4. BONDS.

4.1. Performance Bond. The Successful Bidder shall provide the Township with a

Performance Bond of one-hundred percent (100%) of the Contract amount conditioned upon the faithful performance of the Contract in accordance with all the plans, specifications, terms and conditions of the Contract. Such bond shall be solely for the protection of the Township.

4.2. Labor and Material Payment Bond. A Labor and Material Payment Bond of one-hundred percent (100%) of the Contact amount as stated on the Bid Worksheet is required. Said Bond shall be furnished for the prompt, full and faithful payment to any Claimant, for all labor, materials or services used, or reasonably required for use, in the performance of the Contract. The term “Claimant” shall refer to any person, corporation, partnership, proprietorship or other entity that provides or furnishes labor, materials or services used or reasonably required for use in the performance of the

Contract. The Township shall have the right to require the Contactor to furnish affidavits of payment, or other similar evidence of payment to Claimants.

4.3. Maintenance Bond: The Successful Bidder shall provide the Township with a

Maintenance Bond. The Maintenance Bond shall cover a period of one year following completion of the project and shall be ten percent (10%) of the Contract amount.

4.4. Bonds shall be executed by one or more corporate surety companies legally authorized and registered to do business in Pennsylvania. Each surety shall have a rating from the A.M. Best

Company of at least “A-, A, or A+” or equivalent. Attorneys-in-fact who sign Performance Bonds, Labor and Material Bonds, or Payment Bonds must file with each Bond an originally executed certified, notarized and effectively dated copy of their Power of Attorney. The forms included with this bid package must be used.

4.5. Bonds must be filed with the Township’s Purchasing Department within ten (10) days of the contract award notification.

4.6. Bidder agrees that all collection costs pertaining to any cost differential reimbursement for collection of damages, or for compelling performance by a Performance Bond surety, will be paid by the Contractor.

5. INDEMNIFICATION. The Successful Bidder hereby agrees to exonerate, defend, indemnify and save harmless the Township and its respective governing Boards, committees and commissions

(including the individual members thereof), their elected and appointed officers and officials, and their respective managers, representatives, advisors, insurers, Engineers, Solicitors, other professional consultants, appointees, employees, agents, independent contractors, and assigns (collectively, the

“Township Representatives”), from any and all claims (including claims of negligence), actions, awards, verdicts and judgments, together with reasonable counsel and expert witness fees, pertaining to, relating to, resulting from, caused by, sustained in connection with, based upon or arising out of the Successful Bidder’s performance pursuant to the Contract.

6. LIABILITY INSURANCE. In furtherance of the covenant to indemnify, the Successful

Bidder whom a Contract is awarded shall procure and maintain, for the duration of the Contract period and throughout the time of performing the Work as set forth in the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Contract by the Successful Bidder, his agents, representatives, employees or subcontractors, pursuant to the Contract or any subsequent contract. Insurance shall be of the type and meet or exceed the following requirements:

Workman’s Compensation Statutory Coverage

Commercial General Liability (General Aggregate) $2,000,000

Commercial General Liability (Combined Single Limit/occurrence)

Damage to Rented Premise $100,000

Medical Exp. (any one person) $5,000

Bodily Injury $1,000,000

Property Damage $1,000,000

Products $2,000,000

Automotive Liability (Combined Single Limit) $1,000,000

Excess Indemnity (Umbrella Policy) $2,000,000

Employer Liability $1,000,000

Pollution (if applicable) $2,000,000

Professional Liability $1,000,000

The Comprehensive General Liability must include Contractor’s Liability; Contractual liability;

Fire Legal Liability; Completed Operations and Products Liability, all on occurrence basis only, with Personal Injury Coverage and Broad Form Property Damage. The Comprehensive General

Liability must also include Explosion, Collapse, and Underground Property Damage (XCU).

Completed Operations and Products Liability must be kept in force for at least two (2) years after the date of final completion. All other required insurance policies shall also be on an occurrence basis only.

Insurance shall be obtained from insurance companies authorized and licensed to do business in the Commonwealth of Pennsylvania by the Department of Insurance, shall have a current rating of “A-” or better by the A.M. Best Co. Insurance Service or equivalent rating by Moody’s Investor

Services or Standard & Poor’s, shall be “admitted” in the Commonwealth of Pennsylvania, and which shall be subject to acceptance and approval by the owner.

The Successful Bidder shall name the Township as an additional insured on all required insurance policies on a primary non-contributory basis. Within ten (10) days after execution of the Contract, Contractor shall furnish the Township with copies of insurance policies or binders and endorsements (if necessary) evidencing Contractor’s compliance with the requirements set forth above, which policies or binders and endorsements (if necessary) shall provide for at least thirty

(30) days prior written notice of cancellation or material change.

Pursuant to the First-Class Township Code, 53 PS § 56806, the Contractor shall accept, in so far as the work covered the Contract is concerned, the provisions of the Workmen's Compensation

Act of one thousand nine hundred and fifteen, and any supplements or amendments thereto, and the Contractor will insure his liability thereunder or file with the Township a certificate of exemption from insurance from the Bureau of Workmen's Compensation of the Department of

Labor and Industry.

7. ROYALTY & LICENSE FEES. The Successful Bidder shall pay all royalties and license fees and defend all suits or claims for infringement of any copyright or patent rights and shall hold and save the Township and its officers, agents, servants and employees harmless from any and all loss and liability of any nature or kind whatsoever, including costs and expenses of defense, for or on account of any copyrighted, patented or unpatented invention, process, article or appliance manufactured or used in the performance of the contract, including its use by the bidder unless otherwise specifically stipulated in the contract documents.

8. MARKETING. No Bidders, including the Successful Bidder, shall use, in any form or medium, the name of the Township for promotional or marketing purposes without the Township’s prior written consent.

9. GUARANTEE.

9.1. The Successful Bidder guarantees that all bid articles, including all components thereof, are of first quality throughout and comply in all respects, or are fully equal, to standards called for in this Invitation to Bid; that they are new and unused, and they include, as a minimum, all that is shown on the latest manufacturer’s literature.

9.2. All expenses pertaining to the return, repair or replacement of defective and/or new components of the bid item(s) shall be borne by the contractor. The contractor shall correct any and all defects and shall not delay or withhold such action pending determination or decision from his manufacturer or supplier of such defective bid items or components, nor refer the Township or any of its Departments or Agencies to any other manufacturer, supplier or dealer for settlement of such defective item(s).

10. CHANGE ORDERS.

10.1. The Township without invalidating the Contract, may order changes in the work within the general scope of the Contract consisting of additions, deletions or other revisions, provided the total amount added or eliminated does not exceed twenty-five percent (25%) of the estimated total

Contract price. All such changes in the work shall be authorized by change order and shall be executed under the applicable conditions of the Contract documents.

10.2. The cost or credit to the Township resulting from a change in the work shall be determined by unit prices stated in the Contract documents or subsequently agreed upon.

11. INVOICES AND PAYMENTS.

11.1. All invoices shall be submitted directly to: Accounts Payable, South Whitehall

Township, 4444 Walbert Avenue, Allentown, PA 18104-1699.

11.2. For direct delivery products, all invoices must be furnished on the same day of delivery and payment to Contractor will be made 30 days from receipt of the Contractor’s invoice.

11.3. For services provided to the Township, all invoices must be furnished within 30 days from the date the service was provided and payment to Contractor will be made within 30 days from receipt of the Contractor’s invoice.

11.4. The Contractor hereto agrees that any and all payments due from the Township, as required under the terms of this agreement, are contingent upon the availability of Appropriated Funds.

12. RETAINAGE. The Township reserves the right to withhold ten percent (10%) of the amount due to the Contractor until at least fifty percent (50%) of the work has been satisfactorily completed.

Once fifty percent (50%) of the work is completed, one-half of the amount retained by the Township shall be returned to the contractor. However, the Contractor must be making satisfactory progress and there must be no specific cause for greater withholding. The sum withheld by the Township after the work is 50% complete shall not exceed five percent (5%) of the value of the completed work. In the event a dispute arises between the Township and the Contractor, which dispute is based upon increased costs, delays, or other actions, additional retainage in the sum of one and one-half times the amount of any possible liability may be withheld until such time as a final resolution is agreed to.

13. FAILURE TO PROVIDE SERVICES OR PRODUCTS. If in the Township’s opinion, Contractor fails to properly or satisfactorily perform the services or provide the product(s) called for under this Contract or otherwise fails or neglects to comply with the material terms of this Contract, the Township may make arrangements with other providers to obtain substitute services and/or product(s). The Township may, in addition to any other legal remedies available to Township, elect to terminate the Contract.

14. PRICE ADJUSTMENT OF BITUMINOUS MATERIALS (ESCALATOR CLAUSE). This

Contract does not contain an escalator clause for the Price Adjustment of Bituminous Materials for small quantities. A small quantity is a contract that uses or indicates for placement 100 tons or less of asphalt cement based on the actual mix designs or material specifications for the materials incorporated into the project. If the bituminous materials incorporated into this project exceed the 100 ton threshold then a bituminous price adjustment will be allowed as per PennDOT Specifications Form 408, Current

Edition, Section 110.04 Price Adjustment of Bituminous Materials. If the bituminous material incorporates RAP or RAS in the mix design the 100 ton limit and the bituminous price adjustment will only be calculated on the virgin asphalt. The Base Bid Price Index (IB) will be calculated using the month in which the project is first advertised, and the work is in the applicable Zone. The Contractor will be responsible for completing a CS-1PA Price Adjustment of Bituminous Materials calculation form if applicable. The Contractor will provide this form with the invoices, and the invoices will show the per ton or per SY price in the bid and the lump sum price increase or decrease supported with CS-

1PA calculation form. The Contractor shall also supply the Township with a copy of the bituminous mix design for each material supplied with the initial CS-1PA form or if the bituminous mix design changes. Prior to the start of the work the Contractor shall provide the Township with the per ton or per SY calculation of the bituminous price adjustment.

15. CERTIFICATE OF COMPLIANCE. A CS-4171 Certificate of Compliance or another acceptable form that has been pre-approved by PennDOT will either accompany the shipment or will be supplied within 1 working day to the Township. This CS-4171 will represent the day’s shipment for each type of material placed on the project or supplied to the Township from each source. A copy of the Certificate of Compliance shall also be accompanying all invoices to the Township.

16. LIQUIDATED DAMAGES. If Contractor fails to deliver the products contemplated herein or to perform the services within the schedule or time as mutually agreed upon by Contractor and

Township, in addition to any other remedies set forth in this Invitation to Bid Package, Contractor shall pay to the Township, as liquidated damages and not as a penalty, the following:

16.1. With respect to wait time, the Township when paving material deliveries are delayed after the time(s) ordered by Township personnel, the Township shall be entitled to deduct, from any amounts which may be otherwise payable to the Contractor, as the Township’s damages from such delay, the actual costs of the Township’s forces, personnel, equipment (including rentals), and all other appropriate and relevant costs (including, but not limited to, “fringe benefits”, overhead, supervision, replacement costs, etc.) for all unproductive waiting time which results from any such delays in delivery. Provided that such damages may be deducted only if the Township’s personnel have provided at least 24 hours advance notice by telephone to the Contractor’s dispatcher of the

Township’s requested time for delivery of the materials and which has been accepted and agreed to by the Contractor’s dispatcher. For purposes of this section, time after 3:30 p.m. on any day until 7:00 a.m. on the next regular business day shall not be counted against the Contractor. The Contractor shall be entitled to a “grace period” of 15 minutes after the requested delivery time for each such delivery, before the Township may assess and deduct such damages for delay. The Township shall not assess and deduct such damages for delay which are verifiably caused by circumstances beyond the

Contractor’s reasonable control or operations, such as acts of God, equipment failures, traffic accidents or interference involving other parties, weather, etc.

17. CONDITION OF PRODUCT. If applicable, only products received in good condition will be accepted.

18. COMPLIANCE WITH APPLICABLE LAWS: The Successful Bidder shall comply with applicable Federal, State, and local laws, rules, and ordinances including all building, fire, safety and electric codes and all relevant industry standards whether or not specifically mentioned herein.

19. PERMITS AND LICENSES. The Successful Bidder shall obtain all required permits, rights of way, and licenses associated with performance of the Contract.

20. BUSINESS PRIVILEGE LICENSE. Successful Bidder is required to obtain a Business

Privilege License prior to performing work. Applications for a Business Privilege License can be obtained from the Township’s BPT Administrator. The Vendor must maintain and renew a Business

Privilege License every year and remit payment for any taxes determined to be due and owing pursuant to all applicable laws.

21. MOTOR VEHICLE PROCUREMENT ACT. In accordance with the provisions of the Motor

Vehicle Procurement Act of 1984, all bids for the purchase, lease, or rental of a passenger car or truck, (as defined under 75 Pa.C.S. § 1025), must be accompanied by the manufacturer's written certification that the motor vehicle was manufactured in North America. A motor vehicle is manufactured in North

America if a substantial majority of the principal components are assembled into the final product in an assembly plan in North America. The Township is prohibited from purchasing motor vehicles which do not meet this requirement.

22. PUBLIC WORKS EMPLOYMENT VERIFICATION ACT. The Successful Bidder shall comply with the provisions of the Public Works Employment Verification Act, enacted Act 127 of

2012, 43 P.S. § 167 et. seq., as amended, which requires all public works contractors and subcontractors to utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work projects in excess of twenty-five thousand dollars ($25,000) are authorized to work in the United States. As a precondition to being awarded a contract, the Successful

Bidder shall provide the Township with a completed Public Works Employment Verification Form.

A copy of the Form is included with this Invitation to Bid Package.

23. PENNSYLVANIA PREVAILING WAGE ACT.

23.1. This bid is subject to the Pennsylvania Prevailing Wage Act, Act No. 442, P.L. 987, as amended by Act 342 of 1963, P.L. 653, 43 P.S. 165-1 et seq., and the regulations issued pursuant thereto, including 34 Pa. Code § 9.103, and the Prevailing Wage Rates as determined by the Secretary of the Department of Labor and Industry, as this bid concerns the construction, reconstruction, demolition, alteration and/or repair work, other than maintenance work, exceeding $25,000, or a locally funded highway or bridge project qualifying as a “public work” as defined by the Pennsylvania

Prevailing Wage Act exceeding $100,000. To the extent that Federal funds are involved and the contract(s) or subcontract(s) exceed two thousand dollars ($2,000), compliance with Davis-Bacon

Federal Wage Rates 40 U.S.C. 3141 et seq., as amended, may also be required.

24. TRADE PRACTICES ACT. In accordance with the Trade Practices Act of July 23, 1968, P.L.

686 (71 P.S. §773.101 et. seq.), the Successful Bidder cannot and shall not use or permit to be used in the work any aluminum or steel products made in a foreign country which is listed below as a foreign country which discriminates against aluminum or steel products manufactured in Pennsylvania. The countries of Brazil, South Korea, Spain, and Argentina have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries’ products, as listed below, is not permitted.

25. STEEL PRODUCTS ACT. For bids concerning the construction, reconstruction, alteration, repair, improvement or maintenance of public works, the Pennsylvania Steel Products Procurement

Act, Act No. 3 of 1978, P.L. 6, 73 P.S. §1881 et seq., requires that if any steel or steel products are to be used or supplied in the performance of such contracts, only those produced in the United States as defined in the Pennsylvania Steel Products Procurement Act shall be used or supplied in the performance of the contracts. The Act defines “steel products” as:

products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process and shall include cast iron products and shall include machinery and equipment listed in United States

Department of Commerce Standard Industrial Classification 25 (furniture and fixture), 35 (machinery, except electrical) and 37 (transportation equipment) and made of, fabricated from, or containing steel components. If a product contains both foreign and United States steel, such product shall be determined to be a United

States steel product only if at least 75% of the cost of the articles, materials and supplies have been mined, produced or manufactured, as the case may be, in the

United States. Transportation equipment shall be determined to be a United States steel product if it complies with section 165 of Public Law 97-424 (96 Stat. 2136).

This provision shall not apply where (1) the Township, in writing, determines that steel products as herein defined are not produced in the United States in sufficient quantities to meet the requirements of the contract; or (2) to items on a list of exempt machinery and equipment steel products, which have been identified by the Department of General Services as not produced in the United States in sufficient quantities in the previous calendar year, and published on the department's publicly accessible Internet website, which contractors, subcontractors, suppliers, bidders, offerors and public agencies can rely upon in preparing bids and contracts. If Bidder believes an exception from the Act exists, the Steel Products Act Exemption Request Form must be completed and submitted with its

Bid.

26. PENNSYLVANIA RIGHT-TO-KNOW LAW. Effective January 1, 2009, all responses to this

Invitation to Bid are subject to the Pennsylvania Right-to-Know Law, 65 P.S. §67.101 et seq., (Act 3 of 2008). The Right-to-Know Law permits any requestor to inspect and/or copy any record prepared and maintained or received in the course of the operation of a public office or agency that is not subject to the enumerated exceptions under the law. If a bidder’s response to the Invitation to Bid contains a trade secret or confidential proprietary information, the bidder should include with their response a separate signed written statement to that effect. Should the response become the subject of a

Pennsylvania Right-to-Know Law request, the bidder will be notified by the Township to identify all trade secrets or confidential and proprietary information that is included in your response. The

Township will then determine whether the claimed trade secret or confidential and proprietary information is subject to disclosure.

27. OSHA. All goods or equipment shall comply with all Federal, State and local laws relative thereto including all safety related items as required by the Federal Occupational Safety and Health

Act (OSHA). The Successful Bidder shall defend actions or claims brought and hold harmless the

Township from loss, cost or damage by reason of actual or alleged violations of Federal, State or local laws in the design or manufacturing of equipment and/or materials.

28. USED OIL RECYCLING ACT. As provided for in the act of April 9, 1982 (P.L. 314, No. 89), known as the Pennsylvania Used Oil Recycling Act, the Township encourages and, to the extent possible, requires the procurement and purchase of recycled oil products as substantially equivalent to products made from new oil.

--- END OF GENERAL TERMS AND CONDITIONS ---

TECHNICAL SPECIFICATIONS

BID # 2025-06

HAMILTON BLVDF (SR 222) and LINCOLN AVE

INTERSECTION IMPROVEMENTS

FOR THE

SITE DEVELOPMENT IMPROVEMENTS

FOR

ADA CURB RAMPS

AND

TRAFFIC SIGNAL UPGRADES

AT

SR 0222 (HAMILTON BOULEVARD)

IN

Lehigh County, Pennsylvania

SEPTEMBER 2025

THE PIDCOCK COMPANY

CIVIL ENGINEERING AND LAND PLANNING ARCHITECTURE LAND SURVEYING

Oxford Drive at Fish Hatchery Road Allentown, Pennsylvania

CONTENTS

INTRODUCTION 16

INDEX TO SUPPLEMENTAL GENERAL CONDITIONS FOR SITE CONSTRUCTION 18

INDEX TO TECHNICAL AND PRODUCT SPECIFICATIONS FOR SITE CONSTRUCTION 31

APPENDICES – HIGHWAY OCCUPANCY PERMIT / TRAFFIC CONTROL SIGNAL PERMIT 98

INTRODUCTION

SITE DESIGN ENGINEER. The Pidcock Company is the Site Design Engineer for this project and as such, is only the preparer of the Site Construction Plans and Technical Specifications for the

ADA Curb Ramps and Traffic Signal Upgrades for SR 0222 (Hamilton Boulevard) including, but not limited to, the installation of new concrete curbing, concrete sidewalk, concrete bus pad, roadway widening, signal poles, signage, striping, traffic control, and all associated grading, topsoiling, seeding, and mulching.

The Site Construction Plans and Technical Specifications contain references to decisions to be made in the field by the Engineer. Should the Owner elect to not have the Engineer execute the duties of the Engineer during the construction phase of the project, then the Owner’s Contractor shall be responsible for all decisions referenced to be made by the Engineer.

CONSTRUCTION MANAGER. The Township has the responsibilities of construction management on this project. The Construction Manager shall fulfill the requirements listed in these

Technical Specifications that are in accordance with its agreement with the Owner.

CONTRACTOR. The Contractor performing the work described in the Site Construction Plans and these Technical Specifications.

TECHNICAL SPECIFICATIONS. The Contractor shall note that these are Technical

Specifications only and that they are only one component of the requirements of the Work. The

Contractor shall carefully review all the Contract Documents for the project. If any portion of the

Work appears to be in conflict with other aspects of the project or contains an obvious error, the

Contractor shall contact the Engineer, and resolve the conflict before proceeding with the Work.

The Contractor shall also be governed by other documents and conditions specified by the Owner, the Project Site Geotechnical Engineer, federal, state and local regulatory agencies, etc.

PROJECT SITE GEOTECHNICAL ENGINEER. With respect to all geotechnical matters of the

Work, the Contractor shall be guided only by the directives of the Project Site Geotechnical

Engineer. The portions of these Technical Specifications that relate to geotechnical matters are provided for the Contractor's convenience. Such matters, which are exclusively within the jurisdiction of the Project Site Geotechnical Engineer, include selection of compaction equipment, proof-rolling methods, filling and compaction procedures, suitability of fill and backfill material, geotechnical material selection, earthwork handling methods, sinkhole remediation, pavement base drain scope, evaluations and testing of fills and finished subgrades, etc. The Contractor shall refer questions regarding the above and all geotechnical matters to the Project Site Geotechnical

Engineer.

The Pidcock Company has not independently examined any subsurface condition on the site underlying the improvements depicted on the Site Construction Plans prepared by The Pidcock

Company. Prior to the start of construction, all geotechnical matters should be reviewed by a

Pennsylvania professional geotechnical engineer or professional geologist to determine if any improvements to the subsurface conditions are required.

UTILITY COORDINATION. Before commencing construction, the contractor shall convene a meeting at the site with the Owner and representatives of all utility companies on record as having facilities in the area, to review the proposed work, the Contractor’s proposed test excavations, the Contractor’s proposed precautions to protect the utilities’ facilities, and any special precautions required by the utility companies when the Contractor is working near existing facilities. In addition, the Contractor shall have a representative of the Owner and/or utility company present at all times when performing excavation, augering, boring, backfilling, or other subsurface work in the vicinity of the Owner’s or utility company’s facilities.

SUPPLEMENTAL GENERAL CONDITIONS. General Conditions for the entire project are authored by others. The Supplemental General conditions contained in this volume are intended to apply only to the Work performed under the Technical Specifications authored by The Pidcock

Company, supplement all other editions of General Conditions, and shall be a component of any

Site Work contract.

INDEX TO SUPPLEMENTAL GENERAL CONDITIONS FOR SITE CONSTRUCTION

PAGE NO.

ART. 1 DEFINITIONS 19

ART. 2 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS 20

ART. 3 CONTRACT DOCUMENTS AND INSTRUCTIONS 21

ART. 4 PERFORMANCE AND CONDITIONS OF THE WORK 22

ART. 5 SURVEYS, PERMITS AND REGULATIONS 26

ART. 6 PROTECTION OF WORK AND PROPERTY 26

ART. 7 OBSERVATION OF THE WORK 27

ART. 8 SUPERINTENDENCE FOR SITE CONSTRUCTION 27

ART. 9 CLAIMS FOR EXTRA COST 28

ART. 10 CORRECTION OF THE WORK BEFORE FINAL PAYMENT 28

ART. 11 INDEMNITY 29

ART. 12 ENGINEER'S STATUS 30

ART. 13 ENGINEER'S DECISIONS 30

ART. 14 NO ESTOPPEL NOR WAIVER OF LEGAL RIGHTS 30

ART. 1 DEFINITIONS

ENGINEER - The term "Engineer" shall be held to mean The Pidcock Company or its duly appointed Construction Manager, acting directly or through duly authorized representatives, such representatives acting within the scope of the particular duties and authority assigned to them for the Site Construction as the Engineer related to this project.

The term "Engineer" may also be held to mean such other person, persons or authority as may hereafter be appointed to succeed to the functions, duties and employment herein specified to be performed by the said Engineer as determined by the Owner.

The term “Project Site Geotechnical Engineer” shall be held to mean the Owner’s

Geotechnical Engineer, who shall have authority of “Engineer” in geotechnical matters.

LABOR, MATERIAL, AND RENTAL PAYMENT BOND - The security furnished by the Contractor to guarantee the payment to all persons supplying labor, material and rental equipment in the prosecution of the Work in accordance with the terms of the Contract.

NOTICE - Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered at or sent by registered mail to the last business address known to whoever gives the notice.

OBSERVER - An authorized representative of the Engineer assigned to make all observations and/or tests of the Work performed or being performed, or of materials furnished or being furnished by the Contractor and which the Engineer deems necessary. The Observer is not authorized, and the Contractor shall not rely upon the Observer, to assume any responsibility for the means, methods, techniques, sequences, and safety of construction.

OWNER - The term "Owner", as it is used in these Construction Documents shall in every case be held to mean South Whitehall Township.

PROJECT MANUAL - The volume assembled for the Work which includes the

Technical Specifications, Supplemental General Conditions for Site Construction and all that is contained therein.

SPECIFICATIONS - The general term comprising all the directions, provisions and requirements contained herein, together with such as may be added or adopted as Supplemental

Specifications or Special Conditions, all of which are necessary for the proper performance of the

Contract. Standards for specifying materials or testing which are cited in the Contract

Specifications by reference shall have the same force and effect as if included in the Contract

Documents physically.

TECHNICAL SPECIFICATIONS - That portion of the Contract Documents attached to or referenced herein consisting of the written requirements for materials, equipment construction systems, standards and workmanship of recognized construction standards generating organizations or authorities having jurisdiction of the construction and as listed in the

"Encyclopedia of Associations" by Gale Research Co. or otherwise listed in the Project Manual.

The Special Conditions are in addition to the requirements set forth in the Standard Specifications, and, where conflicts occur, the Special Conditions shall govern.

SUPPLEMENTAL GENERAL CONDITIONS FOR SITE CONSTRUCTION - The part of the Contract Documents, which amend or supplement the General Conditions for the Site

Construction work identified in these Technical Specifications and related plans.

SUPPLEMENTAL SPECIFICATIONS - Specifications adopted subsequent to the publication of the Contract Specifications and which generally involve new construction items or substantial changes to the Contract Specifications. Supplemental Specifications shall prevail over those published in the Contract Specifications whenever in conflict therewith.

WORK – Shall mean the Site Development Work which is described in the Site

Construction Plans and Technical Specifications. Work items shall include, but are not limited to, storm sewers, pickleball courts, recreation paths, topsoiling, seeding and mulching, etc. Other items of site work are covered under documents prepared by other design professionals and are specifically not covered by these documents. Such work includes all playground equipment, shelters, canopies, and site lighting, etc.

ART. 2 EXECUTION, CORRELATION AND INTENT OF

DOCUMENTS

The Agreement shall be signed by the Owner and Contractor in the number of copies requested by the Owner. The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. The intention of the documents is to include all labor, material, equipment, transportation and services necessary for the proper execution of the Work.

In case of discrepancies between plans, general conditions, standard specifications and special conditions, the following order shall be used to determine the governing document:

a. Technical Specifications for Site Construction shall govern over plans, standard specifications, supplemental general conditions, and general conditions;

b. Plans shall govern over standard specifications, supplemental general conditions, and general conditions;

c. Standard specifications shall govern over supplemental general conditions and general conditions.

Should any error or inconsistency appear or occur in the Contract Documents, the

Contractor, before proceeding with the Work must refer them to the Engineer for proper adjustment, and in no case shall it proceed with the Work in uncertainty.

Omissions from the Contract Documents or the misdescription of details of the Work which are…