4-Bid Solicitation.pdf

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MS-944 (7-09)

PROPOSAL & CONTRACT

(WHEN EXECUTED)

Instructions on Page 4

(THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS)

A. DEPOSIT OF PROPOSALS.

All envelopes containing Bid proposals shall be clearly marked “Bid Proposal for Letting of November 4, 2026.”

DATE

Sealed Proposals will be received on or before 11 AM on the above Letting Date.

TIME

Bids will be opened and read at approximately 11 AM, on the above Letting Date.

TIME

Lancaster Township, Lancaster County (2nd Class)

MUNICIPALITY (NAME & TYPE)

William Laudien

SECRETARY

1240 Maple Avenue

Lancaster, PA 17602

ADDRESS

PROPOSALS MUST BE MAILED OR OTHERWISE

DELIVERED TO THE ABOVE ADDRESS OR

COMPLETED AND SUBMITTED VIA PENNBID.NET

1. The contractor proposes to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and specifications included in the Bid Solicitation documents available on www. pennbid.net as well as the supplements and special requirements contained herein and/or attached hereto and current PennDOT Specifications (Publication 408.

2. If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed, or as otherwise provided in the special requirements, and will complete all work within 195 calendar days.

3. Accompanying this proposal is a certified check or bid bond in the amount of 10% made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirements of the proposal.

B. PROPOSAL OF :

NAME / ADDRESS OF CONTRACTOR

CONTRACTOR’S CERTIFICATION

It is hereby certified as follows:

1. The only person interested in this proposal as principal(s) is (are):

2. None of the above persons are employees of the municipality.

3. This proposal is made without collusion with any other person, firm or corporation.

4. All plans and specifications referred to above and the site of the work have been examined by the contractor. The contractor understands that the quantities indicated herein are approximate and are subject to change as may be required; and that all work is payable on the basis of the unit price listed on the Schedule of Prices (Attachment 1).

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

6. The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof, and a payment bond conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, in accordance with the Public Works Contractors’ Bond Law of 1967; and an affidavit accepting the provisions of the Workmen’s Compensation Act of 1915, as amended.

CONTRACTOR

BY::

2.

DATE:

3. TITLE:

(DATE)

WITNESSED OR ATTESTED BY:

4.

5.

6.

7.

8.

9.

10. DATE:

TITLE:

(SEAL)

TO BE EXECUTED ONLY IN THE EVENT THE ABOVE PROPOSAL IS ACCEPTED

ACCEPTED ON:

DATE

MUNICIPALITY

BY:

BY: :

BY: :

ATTESTED BY: :

: TITLE:

SEAL

ATTACHMENT 1

TO MS – 944 (PROPOSAL AND CONTRACT MS – 944)

County: LANCASTER Municipality: LANCASTER TOWNSHIP

Project Number:

T H

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D B

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T H

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LOCATION OF WORK:

1409 Wabank Road, Lancaster PA 17603

DESCRIPTION OF WORK:

Stakeout, earthwork, and provision/installation of materials as listed below and as specified within Phase I on the Plan.

ESCALATOR CLAUSE: (if adopted by Municipality.)

Will apply with this project.

SCHEDULE OF PRICES – BASE BID

Item No.

Approximate Quantities

Unit

*Description

Unit Price

Total

1 N/A LS Mobilization and demobilization.

2 N/A LS Survey and layout.

3 N/A LS

Strip topsoil, earthwork (stockpiling unused material), and replace topsoil.

4 N/A LS

Stormwater infiltration testing and provision of results to Township.

5 N/A LS

Test and use material on-site for mixing of Amended Soils with Township-provided sand and organics.

Place Amended Soils.

*DESCRIPTION: SUBTOTAL

SEE BELOW AND NEXT PAGE FOR

OPTIONS A - F

SUBTOTAL FROM OTHER ATTACHMENTS

BID TOTAL FOR A NON OPTION BID

SCHEDULE OF PRICES – OPTION A

Item No.

Approximate Quantities

Unit

*Description

Unit Price

Total

6 N/A LS

Installation of Township-provided storm pipes and structures:

EW-C1 and riprap apron

EW-D1 and riprap apron

EW-E1 and riprap apron

HW-1

EW-B1 – MH-B2 – OS-B3 and underdrain

OPTION A BID TOTAL

SCHEDULE OF PRICES – OPTION B

Item No.

Approximate Quantities

Unit

*Description

Unit Price

Total

7 N/A LS

Installation of Township-provided storm pipes and structures for the remainder of Phase I.

(Will only be selected if Option A is also selected)

OPTION B BID TOTAL

SCHEDULE OF PRICES – OPTION C

Item No.

Approximate Quantities

Unit

*Description

Unit Price

Total

8 N/A LS Placement of Millings

OPTION C BID TOTAL

SCHEDULE OF PRICES – OPTION D

Item No.

Approximate Quantities

Unit

*Description

Unit Price

Total

9 N/A LS

Installation and maintenance of Township-provided erosion controls

OPTION D BID TOTAL

SCHEDULE OF PRICES – OPTION E

Item No.

Approximate Quantities

Unit

*Description

Unit Price

Total

10 N/A LS Installation and stabilization of Swale 1

OPTION E BID TOTAL

SCHEDULE OF PRICES – OPTION F

Item No.

Approximate Quantities

Unit

*Description

Unit Price

Total

11 N/A LS Installation and stabilization of Swales 2-5

OPTION F BID TOTAL

Project Description – Lancaster Township – Wabank Road Municipal Campus Project

The intent of this project is to install the Phase I improvements as depicted on the plans and described in the bid request documents. All materials are to be provided by Lancaster Township and must be installed in accordance with the plans. The Township will also be providing the following:

Overall Project Management

Weekly inspections of erosion and sedimentation controls, administration of the NPDES permit, and reporting to the Lancaster County Conservation District (In accordance with the NPDES permit, the

Contractor, as an operator, is deemed to be a Co-Permittee.)

Clearing and grubbing

Stripping of gravel area within Phase I and coordinated with contractor for access to site

Creation of Rock Construction Entrance at Phase I limit

Installation of 6’ trail

Landscaping

Entrance drive, markings, and signs

Gate house and subbase

All public water, sewer, and electrical utilities

Concrete block wall

LANCASTER TOWNSHIP GENERAL PROVISIONS

1. All bidders must be prequalified in accordance with Section 102.01 of PennDOT Form 408.

Prequalification certificate must be submitted with bid.

2. All bids must be submitted upon the PROPOSAL that is furnished with these specifications. Bids shall be signed only by persons authorized to do so. All signatures must be written and in ink.

3. The price bid must cover the cost of furnishing all labor, tools, equipment and materials necessary to complete the work, as well as supervision, bonds and insurance that may be required. No bid after it has been opened and read can be withdrawn for a period of thirty (30) days.

4. All bids must be accompanied by a Bid Guaranty or Certified Check made payable to Lancaster Township in an amount not less that 10 percent (10%) of the total bid. Bid Guarantees will be returned to all unsuccessful bidders after the award of the contract.

5. All bids must include a completed and notarized Anti-Collusion Affidavit.

6. The successful bidder will be required to furnish a “Performance Bond” in the sum of 100% of the Contract Price, the condition of which shall be the full and complete execution and performance of each and all of the terms contained in the contract, proposal, specifications and drawings.

7. The successful bidder will be required to furnish an additional “Payment Bond” in the amount of 100% of the Contract Price, the condition of which shall be prompt payment for all materials and labor supplies or performed in the prosecution of the work. It shall be a condition of said bond that labor and material, men furnishing labor and materials in and for, the prosecution of said work, shall have the right, in the name of the obligee, for his or their use upon said bond, for such sum or sums as may be justly due.

8. The Contractor shall furnish suitable evidence that he has insured his liability under the Worker’s Compensation Act and any supplements or amendments thereto or file with Lancaster Township an acceptable certification of or exemption therefrom.

9. The successful bidder must submit the Performance Bond, Payment Bond and Worker’s Compensation Affidavit within twenty (20) days after notification of award of the bid. The Township will return the Bid Guaranty or Certified Check in exchange for acceptable bonds for the faithful observance of the terms specified herein.

10. Should the successful bidder neglect or refuse to execute all contract documents within twenty days, his Bid Guaranty shall be forfeited and retained by the Owner, not as a penalty, but a liquidated damages as a result of such neglect or refusal; and the Owner reserves the right to award the Contract to the next lowest bidder without further advertising.

11. The Township of Lancaster shall have the right, without invalidating the contract to order extra work or make changes which would result in changing the overall character of the work a fair and equitable sum shall be agreed upon in writing by both parties prior to the start of said extra work. No allowances shall be made for anticipated profits on deducted work.

Lancaster Township General Provisions Page 2

12. The contractor shall indemnify and save harmless, the Township of Lancaster, their officers and employees from all suits, actions or claims of any character, name and descriptions brought for or on account of any injuries or damages received or sustained including wrongful law exists, by or from said contractor, or by or in consequence of any neglect in safeguarding the work, or through defective workmanship or the use of defective materials, or by, or on account, of any act, omission, neglect or misconduct or said Contractor, or for any claims or amounts rising or recovered under the Worker’s Compensation Law, or any other law, by virtue of his contract, as shall be considered necessary by the Township of Lancaster may be retained for the Township, or in case insufficient money is due; his surety shall be held until suit or suits, claim or claims, action or actions, for injuries or damages, aforesaid, shall have been settled and suitable evidence to the effect furnished to the Township.

13. The Contractor shall maintain during the life of the contract, Public Liability and Property Damage Insurance as shall protect him and any sub-contractor performing work covered by this contract, from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or indirectly employed by either of them. The amount of such insurance shall be not less than the following:

PUBLIC LIABILITY

Each Person $1,250,000.00 Each Accident $1,500,000.00

PROPERTY DAMAGE

$1,250,000.00

14. Claims because of mistakes or omissions in the bids will not be considered. In case a bidder finds discrepancies or omissions in the proposal or specification or is in doubt as to the meaning intended he should notify the Superintendent of Public Works at once.

15. The Contractor shall have at all times on the project site a competent person in charge of the work who shall have the authority to act for the Contractor in the execution of the contract work and for any necessary consultation with the Superintendent of Public Works, property owners or anyone having business directly related to the project.

16. Contractor shall have competent and efficient workmen qualified for the type of work to be done. All workmanship shall be first class.

17. The Superintendent of Public Works must approve all Sub-Contractors prior to their being allowed to work on the project.

18. In general, the standards and specifications of the Pennsylvania Department of Transportation shall prevail, in so far as they are applicable to this project.

Lancaster Township General Provisions Page 3

19. Partial payment for work completed shall be made monthly if desired by the Contractor. The Contractor shall submit to the Superintendent of Public Works a prepared estimate of the value of the completed work at the beginning of each month. This estimate must include a breakdown of the completed units for each item of contract work listed. If the Superintendent of Public Works concurs with the estimate it will be submitted to the Township of Lancaster for the payment of the amount shown less any amount previously paid and less ten percent (10%) retainage.

20. Final payment of all monies due to the Contractor shall be made within forty-five days after completion and acceptance under the terms of the contract.

21. The Township reserves the right to assess liquidated damages against the Contractor if all work is not completed on time at the rate of $1000.00 per day to cover the amount of increased administrative costs, interest or money borrowed and other tangible costs.

22. Projects, where the estimated cost of the total project exceeds $25,000.00 are subject to the provisions of the Pennsylvania Prevailing Wage Act 442 as amended from time to time. The prevailing wage rates are included in the bid proposal. Contractors must familiarize themselves with the provisions of this act as it applies to this bid.

(5-06)

SPECIAL PROVISIONS TO CONTRACT MS-944 (Attachment 1-A)

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and subcontractors must comply with all of the following provisions that are marked with an “X”

Traffic Control and Safety Devices to be provided by the Contractor (Maintenance and Protection of Traffic to comply with current MUTCD, Publication 212 and Publication 213.)

Delivery tickets for all materials are to be provided to the Public Works Superintendent at the end of each working day.

CS-4171 Certificate of Compliance and/or TR-465 Daily Bituminous Mixture Certification required for all materials.

Notify the Municipality five working days prior to start of project.

Work to be completed on or before June 30, 2027. After July 1, 2027, liquidated damages apply at the rate of $1,000.00 per calendar day.

Roadway to be power broomed by (contractor municipality ) prior to start of project.

Excess material to be removed by (contractor municipality ).

Municipality to inspect project.

Need Bill of Lading for each shipment of bituminous material per Section 702.1(c) of Specifications 408.

Tack Coat required per Section 460, or 409 for Superpave, of Specifications 408 and is incidental to paving item unless noted otherwise.

Prime Coat require per Section 461 of Specifications 408.

Bituminous Seal on all abutting pavement and curbs required.

Saw cut or Milled Paving Notch required and incidental to paving item unless noted otherwise.

Scratch/Leveling Courses to be placed at the discretion of appointed inspector(s).

Full width pavement with one pass required.

Municipality reserves the right to limit work completed.

Taper pavement the last 3 feet to curb.

For FOB Source bids, hauling distance will determine selection of bid award.

Municipality reserves the right to procure material which best suits their requirements after all bids and items are reviewed.

Completion of NON-COLLUSION AFFADAVIT required.

Incidental Preparation and clean up required. (Project Construction Materials) The municipality reserves the right to make an award on the basis of the aggregate total for all like items on which quotations are received.

Provide design, which meets Specifications Form 408 to the municipality 5 days prior to start of work.

Contractor is responsible for defects that occur within one year of applications.

Contractor is required to review proposed project in person with Municipality’s Representative prior to bidding and to take sufficient field measurements to confirm bid quantities within 10%.

Oil samples required from each distributor truck by contractor (1) quart: A.M. & P. M. and witnessed by municipality and retained by municipality. (Oil samples must be placed in an approved type container that is compatible with oil sample.)

At least three random stone samples to be taken by contractor on project site witnessed by municipality and retained by municipality.

Complete all testing in accordance with the Plans.

Notice to Proceed will be the date of Contract acceptance.

Final Completion Certificate & Notice of Completion required.

Future award of Contract will be based on quality of work as determined by the municipality.

Contractor, notify all residents of pending work to be performed.

LAST LOAD OF MATERIAL MUST BE ON THE JOB SITE NO LATER THAN 6:00 PM.

Projects, where the estimated cost of the total project exceeds $100,000 are subject to the provisions of the Pennsylvania Prevailing Wage Act 89 as amended from time to time. The prevailing wage rates will be included in the bid proposal. Contractors must familiarize themselves with the provisions of this act as it applies to this bid.

My signature signifies that I have read and understand the above special provisions to this contract, and by being authorized by this company to act as their authorized representative, and on their behalf hereby agree to adhere to any and all of the provisions pertaining to this contract.

CONTRACTOR’S REPRESENTATIVE DATE MUNICIPALITY’S REPRESENTATIVE DATE

Lancaster Township

COMPANY MUNICIPALITY

Attachment 4

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AFFIDAVIT RE:

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

STATE OF PENNSYLVANIA )

) ss:

COUNTY OF _____________ )

_______________ being duly sworn according to law deposes and says that _______________ accepted the provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and _______________ insured _______________ liability thereunder in accordance with the terms of said Act with _______________

(SURETY COMPANY)

(TYPE OR PRINT) CONTRACTOR

By:

SIGNATURE

Sworn to and subscribed before me this day of A.D. 20 .

SIGNATURE: NOTARY PUBLIC

MY COMMISSION EXPIRES: (DATE)

D-7126 (7-09)

ANTI-COLLUSION AFFIDAVIT

County: LANCASTER

Municipality: LANCASTER

TOWNSHIP

Project Number:

State of: PENNSYLVANIA Fed. Project No.:

(if Applicable)

County of:

The undersigned deponent deposes and says that he is the ____________________ of the

_______________ Company; that he is authorized to make this affidavit on behalf of said company in compliance with Section 102.06(e) of Department Specifications, Publication 408, as amended and that the said company has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(CONTRACTOR)

BY:

Sworn to and subscribed before me the undersigned Notary Public this day of , 20 .

NOTARY PUBLIC

My commission expires:

MS-944S Attachment 3

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL and a corporation incorporated under the laws of the State of as SURETY, are held and firmly bound unto the , in the full and just sum of

($ ) dollars, lawful money of the United States of America, to be paid to the said LANCASTER TOWNSHIP or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above Municipality, hereinafter called Obligee, bearing even date herewith, for the improvement of a certain section of highway or bridge in said Municipality consisting of:

for approximately the sum of ($ ) dollars.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden PRINCIPAL shall and will promptly pay or cause to be paid in full all sums of money which may be due by contract or otherwise to any individual, firm, partnership, association or corporation, for all material furnished or labor supplied or performed in the prosecution of the work, whether or not the said material or labor entered into and became component parts of the work and for rental of the equipment used and services rendered by public utilities in, or in connection with the prosecution of such work, then this obligation to be void, otherwise to remain in full force and effect.

The PRINCIPAL and SURETY, hereby, jointly and severally, agree with the Obligee herein that any individual firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any public utility which has not been paid in full therefore, may sue in assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final for such sum or sums as may be justly due him, them or it, and have execution thereon. Provided, however, that the Obligee shall not be liable for the payment of any costs or expenses of such suit.

RECOVERY by any individual, firm, partnership, association or corporation hereunder shall be subject to the provisions of the “Public Works Contractors’ Bond Law of 1967”, Act No. 385, approved December 20, 1967, PL 869, which Act shall be incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited.

It is further provided that any alterations which may be made in the terms of the contract or in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving by the Obligee of any extension of time for the performance of the contract or any other forbearance on the part of either the Obligee or the Principal to the other, shall not in any way release the PRINCIPAL and the SURETY or SURETIES of any such alteration, extension of forbearance being hereby waived.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal this day of , 20

WITNESS:

CONTRACTOR

BY:

TITLE: TITLE:

WITNESS:

SURETY COMPANY

TITLE: TITLE:

PLACE

SEAL

HERE

PLACE

HERE

MS-944S (7-09)

Attachment 2

PERFORMANCE BOND

(With Corporate Surety)

KNOW ALL MEN BY THESE PRESENTS, That we, (NAME AND ADDRESS OF CONTRACTOR) as Principal and

(SURETY COMPANY)

a corporation incorporated under the laws of the State of as Surety

(NAME OF STATE)

are held and firmly bound unto LANCASTER TOWNSHIP in the full and just sum of

(NAME OF MUNICIPALITY)

( ) dollars lawful money of the United States of America, to be paid to the above Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above Municipality, bearing even date herewith, for the undertaking of certain obligations as therein set forth.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal, as Contractor, shall in all respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and shall well and truly, and in a manner satisfactory to the municipality fulfill all obligations as therein set forth, then this Obligation shall be void, but otherwise the same shall be and remain in full force, virtue and effect.

It is further provided that any alteration which may be made in the terms of the contractor or its specifications with the express approval of the Municipality or the Principal to the other, shall not in any way release the Principal and the Surety or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alteration or forbearance being hereby waived.

IN WITNESS WHEREOF, the said Principal and Surety have duly executed this Bond under Seal, pursuant to due and legal action authorizing the same to be done on

(DATE OF BOND)

Attest/Witness: CONTRACTOR

BY

TITLE: TITLE:

Attest/Witness: SURETY COMPANY

TITLE: TITLE:

PLACE

SEAL

HERE

PLACE

HERE