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CONTRACT DOCUMENTS

FOR

LEOLA COMMUNITY PARK

IN

UPPER LEACOCK TOWNSHIP

LANCASTER COUNTY

PENNSYLVANIA

July 2026

Project No. 0573903528

Prepared by:

RETTEW Associates, Inc.

3020 Columbia Avenue

Lancaster, PA 17603

(800) 738-8395

TABLE OF CONTENTS 000110-01 RETTEW Project No.: 0573903528

UPPER LEACOCK TOWNSHIP, LANCASTER COUNTY

LEOLA COMMUNITY PARK PROJECT

CONTRACT NO. 1: GENERAL CONSTRUCTION

TABLE OF CONTENTS

Division 00 – Procurement and Contracting Requirements

SECTION 001116 – INVITATION TO BID ................................................................................ 001116-01 SECTION 002113 – INSTRUCTION TO BIDDERS ................................................................... 002113-08 SECTION 004000 – EXPERIENCE QUESTIONNAIRE ............................................................ 004000-03 SECTION 004110 – BID FORM................................................................................................... 004110-05 SECTION 004500 – NON-COLLUSION AFFIDAVIT ............................................................... 004500-02

SECTION 004533 – NONDISCRIMINATION-SEXUAL HARASSMENT PROVISIONS ...... 004533-02

SECTION 004546 – PUBLIC WORKS EMPLOYMENT VERIFICATION FORM .................. 004546-01 SECTION 005100 – NOTICE OF AWARD ................................................................................. 005100-02 SECTION 005200 – FORM OF AGREEMENT ........................................................................... 005200-06 SECTION 006113 – PERFORMANCE BOND ............................................................................ 006113-03 SECTION 006115 – PAYMENT BOND ...................................................................................... 006115-03 SECTION 006119 – WARRANTY BOND .................................................................................. 006119-02 SECTION 006126 – BID BOND .................................................................................................. 006126-02 SECTION 007000 – GENERAL CONDITIONS .......................................................................... 007000-67 SECTION 007300 – SUPPLEMENTARY CONDITIONS .......................................................... 007300-15 SECTION 007343 – WAGE DETERMINATION ........................................................................ 007343-07

TECHNICAL SPECIFICATIONS

Division 01 – General Requirements

SECTION 011100 – SUMMARY ................................................................................................. 011100-02 SECTION 012200 – MEASUREMENT AND PAYMENT ......................................................... 012200-04 SECTION 013300 – SUBMITTAL PROCEDURES .................................................................... 013300-11 SECTION 014000 – QUALITY REQUIREMENTS .................................................................... 014000-08 SECTION 014200 – REFERENCES ............................................................................................. 014200-02 SECTION 015000 – TEMPORARY FACILITIES AND CONTROLS ....................................... 015000-10 SECTION 016100 – PRODUCT REQUIREMENTS ................................................................... 016100-05 SECTION 017300 – EXECUTION REQUIREMENTS ............................................................... 017300-05 SECTION 017700 – CLOSEOUT PROCEDURES ...................................................................... 017700-05

Division 26 – Electrical

SECTION 260510 – BASIC ELECTRICAL MATERIALS AND METHODS ........................... 260510-06

SECTION 260519 – LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

....................................................................................................................................................... 260519-05 SECTION 260526 – GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS............ 260526-08 SECTION 260533 – RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS ................... 260533-09

SECTION 260543 – UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMS

....................................................................................................................................................... 260543-06 SECTION 260553 – IDENTIFICATION FOR ELECTRICAL SYSTEMS ................................. 260553-07

TABLE OF CONTENTS 000110-02 RETTEW Project No.: 0573903528

SECTION 262726 – WIRING DEVICES ..................................................................................... 262726-05 SECTION 265600 – EXTERIOR LIGHTING .............................................................................. 265600-07

Division 31 – Earthwork

SECTION 310519 – GEOSYNTHETICS ..................................................................................... 310519-02 SECTION 311000 – SITE CLEARING ........................................................................................ 311000-03 SECTION 312500 – EROSION & SEDIMENTATION CONTROL ........................................... 312500-03 SECTION 315000 – EXCAVATION BACKFILL AND COMPACTION .................................. 315000-08

Division 32 – Exterior Improvements

SECTION 321216 – ASPHALT PAVING .................................................................................... 321216-02 SECTION 321723 – PAVEMENT MARKINGS .......................................................................... 321723-02 SECTION 323000 – SITE IMPROVEMENTS AND AMENITIES ............................................ 323000-04 SECTION 329300 – PLANTS ...................................................................................................... 329300-04

Division 33 – Utilities

SECTION 334211 – STORM DRAINAGE .................................................................................. 334211-02

SUPPORTING DOCUMENTS

APPENDIX A – GRANT PROVISIONS

APPENDIX B – DEP PERMIT

APPENDIX C – CONTRACT DRAWINGS

DIVISION 00

PROCUREMENT AND

CONTRACTING

REQUIREMENTS

INVITATION TO BID

OWNER: Upper Leacock Township 161 Newport Road Leola, PA 17540

ENGINEER: RETTEW Associates, Inc.

3020 Columbia Avenue

Lancaster, PA 17603

(800) 738-8395

Upper Leacock Township will receive sealed bids online for the Leola Community Park Project. Bids may be submitted and updated online until 2:00 PM local time, Thursday, August 13, 2026. All documents and solicitation details are available any time at https://pennbid.bonfirehub.com.

The Contract work will include, but not necessarily be limited to, construction of a new pickleball court, parking lot expansion, new walking trail, and associated stormwater management facilities.

A certified check or bid bond for the amount of ten percent of the total bid shall be required. Bonds are to be issued by a surety licensed to do business in the Commonwealth of Pennsylvania.

Only those questions submitted online via PennBID shall be considered. Questions received after 4:00 p.m.

Tuesday, August 11, 2026, regarding the project will not be acknowledged.

Bids shall remain open for a period of 60 days from the date of Bid opening. Bids may not be withdrawn during this period. See Instructions to Bidders for other provisions on the time available for acceptance of Bids. All Bidders must bid on all items listed on the Bid Form. The successful Bidder shall be required to furnish a warranty bond in the amount of ten percent and performance and payment bonds in the amount of 100 percent of the Contract Price.

This contract is subject to the following: the PA Prevailing Wage Act conditions; Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973; PA Act 235 of 1965, as amended, Universal Accessibility Act, and Americans with Disabilities Act (ADA) of 1990, as amended; the Federal Occupational Safety and Health Act of 1970 (OSHA) conditions; the Pennsylvania Act 229 of 2002; the Pennsylvania One Call Act, also known as the Underground Utility Line Protection Law, Act 287 of 1974, as amended; the Pennsylvania Human Relations Act 222 Conditions; the non-discrimination in Employment/Contract Compliance Regulations Conditions; requirement of a Non-Collusion Affidavit; and the Public Works Employment Verification Act.

Upper Leacock Township reserves the right to accept or reject any or all Bids.

Mike Morris Township Manager

Upper Leacock Township July 2026 Leola Community Park Project

INSTRUCTIONS TO BIDDERS 002113-1

RETTEW Project No.: 0573903528

INSTRUCTIONS TO BIDDERS

I-1 DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition) have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

I.1.1 "Bidder" - one who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a Bidder. Bidder must complete a minimum of fifty (50) percent of the work on a Project with its own forces.

I.1.2 "Successful Bidder" - the lowest, qualified, responsible, and responsive Bidder to whom OWNER, on the basis of OWNER'S evaluation as hereinafter provided, makes an award.

I.1.3 “Contract Documents: - includes the Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Forms, Specifications, including all Addenda issued prior to receipt of Bids.

I.1.4 "Issuing Office" - the office from which the Contract Documents are to be issued and where the bidding procedures are to be administered.

I-2 COPIES OF CONTRACT DOCUMENTS

I.2.1 Interested bidders need to register at the PennBID website. Once registered, bidders can obtain all project documents and submit and update their bids online.

I.2.2 Complete sets of Contract Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

I.2.3 OWNER and ENGINEER in making copies of Contract Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

I-3 QUALIFICATIONS OF BIDDERS

I.3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five days after Bid opening upon OWNER'S request, all that information as OWNER requires in determining the successful Bidder. Consideration will be given to, but will not be limited to, the following conditions.

Whether the Bidder:

I.3.1.a Maintains a permanent place of business

I.3.1.b Has adequate equipment to do the Work properly and expeditiously I.3.1.c Has suitable financial status to meet obligations incident to the Work I.3.1.d Has had experience on Projects of similar character and magnitude I.3.1.e Has qualification to do business in the state where the Project is located

I.3.1.f The amount of other work to which the Bidder is committed may also be considered.

I.3.2 The ENGINEER may require the Bidder to furnish written evidence of the foregoing.

INSTRUCTIONS TO BIDDERS 002113-2

RETTEW Project No.: 0573903528

I.3.3 No Bid will be accepted from anyone who is in arrears to the OWNER upon debt or contract, or who is a defaulter on surety or otherwise upon any obligations, or whose work heretofore has been unsatisfactory or dilatory.

I-4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

I.4.1 It is the responsibility of each Bidder before submitting a Bid:

I.4.1.a To examine thoroughly the Contract Documents and other related data identified in the Document (including "technical data" referred to below)

I.4.1.b To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work

I.4.1.c To consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work

I.4.1.d To study and carefully correlate Bidder's knowledge and observations with the Contract Documents, and such other related data

I.4.1.e To promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents, and other such related documents

I.4.1.f To attend any pre-bid conference as noted or required in the Invitation to Bid.

I.4.2 Reference is made to the Supplementary Conditions for identification of:

I.4.2.a Those reports of explorations and tests of subsurface conditions at the site which have been utilized by ENGINEER in preparation of the Contract Documents.

Bidder may rely upon accuracy of the "technical data" contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction.

I.4.2.b Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except underground facilities) which are at or contiguous to the site which have been utilized by ENGINEER in preparation of the Contract Documents. Bidder may rely upon the accuracy of the "technical data" contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Bidder is responsible for any interpretation or conclusions drawn from any "technical data" or any such data, interpretations, opinions, or information.

I.4.3 Information and data shown or indicated in the Contract Documents with respect to existing underground facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such underground facilities or others, and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressively provided otherwise in the Supplementary Conditions.

I.4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03 and 4.04 of the General Conditions.

I.4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional or supplementary examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate

INSTRUCTIONS TO BIDDERS 002113-3

RETTEW Project No.: 0573903528 to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

I.4.6 On advance request, OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations, investigations, tests, and studies.

I.4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of Work that is to be performed at the site by OWNER or others that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents available to OWNER (other than portions thereof related to price) for such Work.

I.4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by the ENGINEER is acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work.

I.4.9 The provisions of Paragraphs I-4.1 through 4.8 inclusive, do not apply to asbestos, polychlorinated biphenyls (PCBs), petroleum, hazardous waste or radioactive material covered by Paragraph 4.06 of the General Conditions.

I-5 AVAILABILITY OF LANDS FOR WORKS, ETC.

I.5.1 The lands upon which Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.

I-6 INTERPRETATIONS AND ADDENDA

I.6.1 All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER through the PennBID website and interface. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued through the PennBID website to all parties recorded by ENGINEER as having received the Contract Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

I.6.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by OWNER or ENGINEER.

INSTRUCTIONS TO BIDDERS 002113-4

RETTEW Project No.: 0573903528

I.6.3 Bidders are responsible for determining that they have received all Addenda issued.

I-7 BID SECURITY

I.7.1 Each Bid must be accompanied by Bid Security made payable to OWNER in an amount of 10 percent of the Bidder's maximum Bid price, unless otherwise modified in the Invitation to Bid, and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions.

I.7.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within 15 calendar days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by the OWNER until the earlier of the seventh day after the effective date of Agreement or the sixtieth day after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven calendar days after the Bid opening. Bid securities that are forfeited will be paid to the OWNER as liquidated damages.

I-8 CONTRACT TIME

I.8.1 The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement.

I-9 LIQUIDATED DAMAGES

I.9.1 Provisions for liquidated damages, if any, are set forth in the Agreement and Supplementary Conditions.

I-10 SUBSTITUTE OR "OR-EQUIVALENT" ITEMS

I.10.1 The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, Contractor shall either include such substitutes with his bid or submit application for such after the Effective Date of the Agreement. In either case, the acceptability of such substitute or “or equal” product will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the General Conditions and may be supplemented in the General

Requirements. If a substitute or “or equal” item is not deemed acceptable by the Engineer, Contractor shall furnish one of the named brand items in the specifications at no additional cost.

INSTRUCTIONS TO BIDDERS 002113-5

RETTEW Project No.: 0573903528

I-11 SUBCONTRACTORS, SUPPLIERS AND OTHERS

I.11.1 Qualifications of Subcontractors, Suppliers and others, if any, are set forth in the Supplementary Conditions.

I-12 BID FORM

I.12.1 The Bid Form is available via PennBid’s Bid Table in the Pricing Section.

I-13 SUBMISSION OF BIDS

I.13.1 Sealed Bids shall be submitted online via the PennBid. Program (https://pennbid.bonfirehub.com) no later than the time and date indicated in the Invitation to Bid.

I.13.2 Bids shall include the following documents; Experience Questionnaire, Bid Security, Basis of Bid Supplement, Non-Collusion Affidavit, Nondiscrimination-Sexual Harassment Provisions and Public Works Employment Verification Form.

I.13.3 OWNER may consider informal any Bid not prepared and submitted in accordance with the provisions hereof.

I.13.4 Bidders are cautioned that it is the responsibility of each individual bidder to assure that their bid is properly submitted prior to the stated time and at the place of the Bid Opening.

OWNER is not responsible for bids delays of any nature.

I.13.5 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced.

I-14 MODIFICATION AND WITHDRAWAL OF BIDS

I.14.1 Bids may be modified or withdrawn at any time prior to the opening of Bids.

I.14.2 OWNER will not consider, for any reason, any claim by the Bidder of any mistakes or omission in the Bid. Negligence of the Bidder in preparing the Bid shall not confer, or be deemed to confer, any right of the Bidder to withdraw such Bid after the time has passed, as fixed in the Invitation to Bid, for receiving Bids, except as permitted by law.

I.14.3 Any Bid received after the time and date specified shall not be considered.

I-15 OPENING OF BIDS

I.15.1 Bids will be opened and tabulated through the PennBID website and interface.

I-16 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

I.16.1 Bids shall remain open for a period of 60 days from the date of Bid opening. The OWNER will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty-day extensions of the date for the award may be made by the mutual written consent of the OWNER and the apparent Successful Bidder.

I-17 AWARD OF CONTRACT

https://pennbid.bonfirehub.com/

INSTRUCTIONS TO BIDDERS 002113-6

RETTEW Project No.: 0573903528

I.17.1 OWNER reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate Contract terms with the Successful Bidder.

I.17.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

I.17.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantee of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice to Award.

I.17.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of the Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER’s satisfaction within the prescribed time.

I.17.5 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project.

I.17.6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within 60 calendar days or as otherwise stipulated in the Invitation to Bid, after the day of the Bid opening.

I-18 CONTRACT SECURITY

I.18.1 Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth OWNER'S requirements as to Performance, Payment, and other Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required Performance and Payment Bonds as applicable.

I-19 SIGNING OF AGREEMENT

I.19.1 When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days of the Notice to Proceed thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and the attached documents to OWNER with the required Bonds. Thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR.

I-20 SALES AND USE TAX

I.20.1 OWNER may be exempt from certain sales or use taxes. CONTRACTOR shall verify the status of OWNER, and OWNER will supply CONTRACTOR with certain exemption

INSTRUCTIONS TO BIDDERS 002113-7

RETTEW Project No.: 0573903528 certificates upon request and OWNER will execute exemption certificates presented by CONTRACTOR upon request.

I-21 RETAINAGE

I.21.1 Provisions concerning retainage and CONTRACTOR'S rights to deposit securities in lieu of retainage are set forth in the Agreement and the Supplementary Conditions.

I-22 NON-COLLUSION

I.22.1 All Bidders are required to complete a Non-Collusion Affidavit. This affidavit may be required on all projects involving public funding as provided in Section 7 of the Pennsylvania Anti-Bid-Rigging Act. The Non-Collusion Affidavit must be submitted with the Bid.

I-23 SAFETY AND HEALTH REGULATIONS

I.23.1 This Project is subject to the safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974 and CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as Applicable to Construction.

I.23.2 The Successful Bidder shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54).

I-24 MANUFACTURER’S EXPERIENCE

I.24.1 Wherever it may be written that an equipment manufacturer must have a specified period of experience with its product, equipment which does not meet the specified experience period can be considered if the equipment supplier or manufacturer is willing to provide a bond or cash deposit for the duration of the specified time period which will guarantee replacement of that equipment in the event of failure. Such bond shall be an Efficiency Guarantee Bond, executed on forms to be approved by the OWNER.

I-25 ACCESS TO WORK

I.25.1 Representatives of the OWNER, State, and any local agencies having a direct interest in the Work shall have access to the Work wherever it is in preparation or progress and the CONTRACTOR shall provide proper facilities for such access and inspection.

I-26 WAGE RATES

I.26.1 Minimum wage rates as determined by the Pennsylvania Prevailing Wage Act, shall apply to this Project. It is the responsibility of the CONTRACTOR, before Bid Opening, to request if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed Work under this Contract.

INSTRUCTIONS TO BIDDERS 002113-8

RETTEW Project No.: 0573903528

I-27 PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

I.27.1 The Contractor and its Subcontractor(s) shall comply with the Public Works Employment Verification Act, which was effective January 1, 2013. The Contractor shall submit with its bid as set forth a fully-executed Public Works Employment Verification form acknowledging its responsibilities under and compliance with the Act. A blank form is attached hereto.

Prior to Commencing work on the Project, any Subcontractor shall provide the Owner with the attached Verification form acknowledging its responsibilities and its compliance with the Act.

The Contractor and any and all Subcontractors shall participate in the E-Verify Program operated by the Department of Homeland Security, and shall, subject to the Federal law governing the use of the E-Verify Program, use the E-Verify Program to verify employment eligibility of each new employee. In conducting the verification required by the Act, the Contractor and Subcontractors shall not discriminate against an employee on the basis of race, ethnicity, color, or national origin.

Contracts between a contractor and its subcontractors and between a subcontractor and its subcontractors shall contain information about the requirements of this Act.

I-28 NONDISCRIMINATION/SEXUAL HARASSMENT PROVISIONS

I.28.1 The Contractor and its Subcontractor(s) shall comply with the Nondiscrimination/Sexual Harassment Provisions outlined in Section 004533.

I-29 OTHER REGULATIONS

I.29.1 The Contractor and its Subcontractor(s) shall comply with the Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973; PA Act 235 of 1965, as amended, Universal Accessibility Act, and Americans with Disabilities Act (ADA) of 1990, as amended; and the Pennsylvania One Call Act, also known as the Underground Utility Line Protection Law, Act 287 of 1974, as amended.

I-30 BID ALTERNATES

I.29.1 All Bidders are required to bid on all items in the bid form, regardless of whether being part of the base bid or an alternate. The OWNER reserves the right to award any, all, or no alternates.

END OF SECTION

EXPERIENCE QUESTIONNAIRE 004000 - 1

RETTEW Project No.: 0573903528

DOCUMENT 004000

EXPERIENCE QUESTIONNAIRE

PROJECT IDENTIFICATION Leola Community Park Project

CONTRACT

IDENTIFICATION:

0573903528

SUBMITTED TO: UPPER LEACOCK TOWNSHIP

161 Newport Road Leola, PA 17540

(-Corporation BY: (-Partnership (-An Individual

PRINCIPAL OFFICE ADDRESS

(The signer of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made.)

1. What type of business is Bidder's organization?

2. How many years has Bidder's organization been performing work, as a contractor or subcontractor, of the type required for this Project?

3. Provide information on all service contracts currently in progress.

Contract Amt. Type of Work

Completed Name and Address of Owner(*) Engineer/

Architect(*)

(*) Provide name of contact person.

EXPERIENCE QUESTIONNAIRE 004000 - 2

4. What five (or more) projects, comparable to this Project, has Bidder's organization completed within the last five years?

Contract Amt. Type of Work When

Completed Name and Address of Owner (*) Engineer/

Architect (*)

(*) Provide name of contact person.

5. Has Bidder's organization ever defaulted on any contract or failed to complete any contract?

If so, where and why?

6. List names, addresses, and phone numbers of individuals or organizations that can be contacted by Owner or Engineer to obtain references.

EXPERIENCE QUESTIONNAIRE 004000 - 3

7. What is the construction experience of the principal individuals of Bidder's organization?

Individual’s Name Present Position or Office Magnitude and Type of Work In What Capacity?

STATE OF

COUNTY OF

being duly sworn deposes and says that he is of Title Name of Organization and that the answers to the foregoing questions and all statements therein are true and correct.

Signature

Sworn to before me this Day of , 20

My commission expires

Signature of Notary Public

Type or print name below each signature.

END OF EXPERIENCE QUESTIONNAIRE

BID FORM

Project Identification: Upper Leacock Township Leola Community Park Project

RETTEW Project No.: 0573903528

Name of Bidder:

This Bid is submitted to: Upper Leacock Township 161 Newport Road Leola, PA 17540

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

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

This Bid will remain subject to acceptance for 60 days after the day of Bid opening unless award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant or grants, in which case this Bid shall remain subject to acceptance for 120 days after the bid opening date as provided by the Act of November 26, 1978 (P.L.

1309, No. 317), as amended by the Act of December 12, 1994 (P.L. 1042, No. 142). Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER'S Notice of Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

a. Bidder has examined and carefully studied the Contract Documents and the following Addenda receipt of all which is hereby acknowledged:

b. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work.

c. Bidder is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work.

d. If applicable, Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) that have been identified in the Supplementary Conditions as referenced in Article 4 of the General Conditions.

Bidder accepts the determination set forth in Paragraph SC-4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in Article 4 of the General Conditions. Bidder acknowledges that such reports and drawings are

BID FORM 004110 - 2

not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise that may affect cost, progress, performance or furnishing of the Work or that may relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.

e. Bidder is aware of the general nature of the Work to be performed by OWNER and others at the site that relates to work for which this Bid is submitted as indicated in the Contract Documents.

f. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

g. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

h. This Bid is genuine and not made in the interest of or on the behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. Bidder is aware that they must complete a minimum of fifty (50) percent of the work on the project with its own forces.

4. Bidder will complete the Work in accordance with the Contract Documents for the prices entered into the electronic Bid Table on the PennBID website, which is located under the Pricing Section. (The electronic Bid Form may be downloaded and printed for the Bidder’s use.)

5. Bidder agrees that the Work will be substantially complete within 120 calendar days after the date when the contract time commences to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment within 30 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

6. The following documents shall be completed by each bidder and submitted electronically with the bid:

a. Experience Questionnaire; Required Bid Security; Non-Collusion Affidavit;

Nondiscrimination Sexual Harassment Provisions; Public Works Employment Verification.

7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below or the following address:

BID FORM 004110 - 3

8. The terms used in this Bid that are defined in the General Conditions or Instructions will have the meanings assigned to them in the General Conditions or Instructions.

BID FORM 004110 - 4

SUBMITTED on .

If Bidder is:

An Individual

By: (SEAL)

(INDIVIDUAL’S NAME)

doing business as Business Address:

Phone No.:

A Partnership

By: (SEAL)

(FIRM’S NAME)

(GENERAL PARTNER)

Business Address:

Phone No.:

A Corporation

By: (SEAL)

(CORPORATION’S NAME)

(STATE OF INCORPORATION)

By: (SEAL)

(NAME OF PERSON AUTHORIZED TO SIGN)

(TITLE)

(Corporate Seal)

Attest:

(SECRETARY)

Business Address:

Phone No.:

A Joint Venture

By: (SEAL)

(NAME)

BID FORM 004110 - 5

(ADDRESS)

By: (SEAL)

(NAME)

(ADDRESS)

Phone Number and Address for Receipt of Official Communications.

(Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.)

NON-COLLUSION AFFIDAVIT 004500-1

RETTEW Project No.: 0573903528

NON-COLLUSION AFFIDAVIT

State of :

: SS

County of :

I state that I am of , and that I am authorized to make (Title) (Name of My Firm) this Affidavit on behalf of my firm, and its owners, directors and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

1. The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

2. Neither the price(s) nor the amount of this Bid, and neither the approximate price(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before Bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this Contract, or to submit a bid higher than this Bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. The Bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

5. , its affiliates, subsidiaries, officers, directors and employees are not (Name of My Firm) currently under investigation by any governmental agency and have not in the last 3 years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion* with respect to bidding on any public contract, except as follows:

I state that understands and acknowledges that the above representations (Name of My Firm) are material and important, and will be relied on by in awarding the (Name of Public Entity) contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement of this affidavit is and shall be treated as fraudulent concealment from of the true facts relating to submission of bids for this contract.

(Name of Public Entity)

(Name and Company Position)

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 .

Notary Public My Commission Expires: ________________________

* Involvement in this activity does not prohibit the from accepting this bid or (Name of Public Entity) awarding a contract; but this may be a ground for determining whether the should (Name of Public Entity) decide to award a contract based on a lack of responsibility.

NON-COLLUSION AFFIDAVIT 004500-2

RETTEW Project No.: 0573903528

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this Bid.

According to the Pennsylvania Antibid-Rigging Act, 73 P.S. § 1611 et seq, governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the Bidder who makes the final decision on prices and the amount quoted in the Bid.

3. Bid rigging and other efforts to restrain competition, and making of false sworn statements in connection with the submission of Bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure themselves that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the Bidder with responsibilities for the preparation, approval or submission of the Bid.

4. In the case of a Bid submitted by a joint venture, each party to the venture must be identified in the Bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "Complementary Bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the Bid.

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RETTEW Project No.: 0573903528

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

1. Representations. The Grantee represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the agreement.

The Grantee shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

2. Nondiscrimination/Sexual Harassment Obligations. The Grantee shall not:

a. in any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontract, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (“PHRA”) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

b. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

c. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this agreement or any subgrant agreement, contract, or subcontract.

d. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor, or supplier who is qualified to perform the work to which this agreement relates.

e. in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Acts’ enforcement and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

3. Establishment of Grantee Policy. The Grantee shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined. For the entire period of this agreement, the Grantee shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near

NONDISCRIMINATION-SEXUAL HARASSMENT PROVISIONS 004533-2

RETTEW Project No.: 0573903528 where the grant activities are performed; or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

4. Notification of Violations. The Grantee’s obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the agreement.

Accordingly, the Grantee shall notify the Commonwealth if, at any time during the term of this agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

5. Cancellation or Termination of Agreement. The Commonwealth may cancel or terminate this agreement and all money due or to become due under this agreement may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee in the Contractor Responsibility File.

6. Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these Nondiscrimination/Sexual Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement.