5-Bidding Documents 10-22-2025.pdf

ELK CREEK TOWNSHIP

ERIE COUNTY, PENNSYLVANIA

CONTRACT NO. 2025-SH

SHERROD HILL ROAD BRIDGE REPLACEMENT

BIDDING DOCUMENTS

OCTOBER 22, 2025

DEISS & HALMI ENGINEERING, INC.

EDINBORO, PENNSYLVANIA

00 01 10 - 1

TABLE OF CONTENTS

Section

Bidding Requirements

Invitation For Bids 00 11 16

Instructions to Bidders 00 21 13

Bid Form 00 41 43

Bid Bond 00 43 13

Proposed Contract Documents

Standard Form of Agreement 00 52 43

Performance Bond 00 61 13.13

Payment Bond 00 61 13.16

General Conditions 00 72 00

Supplementary Conditions 00 73 00

Prevailing Wages

Technical Specifications

General Requirements

Special Provision: Item 0901-0001

Special Provision: Item 9000-0002

Special Provision: Item 9205-0268

Special Provision: Item 9000-3001

Special Provision: Item 1018-0001

Special Provision: Item 8010-0001

Standard Special Provision: Item 8010-0001

Standard Special Provision: Item 9203-0101

00 73 46

01 00 00

00 11 16 - 1

INVITATION FOR BIDS

Sealed Bids will be received electronically via PennBid by Elk Creek Township for the Sherrod Hill Road

Bridge Replacement Project, Contract 2025-SH, until 3:00 p.m. on Tuesday, December 9, 2025, at which time they will be opened electronically and a summary posted to the PennBid website.

The Work is generally described as follows: Replacement of existing approximately 34-foot span concrete adjacent box beam bridge with new 64’-7” spread box beam bridge and reconstruction of approximately 510 feet of adjacent asphalt roadway.

Bidding Documents may be obtained electronically via PennBid at no cost at www.PennBid.net

There will be a pre-bid conference for this project held at the Elk Creek Township Building at 10405

High Street, Albion, PA 16401. The pre-bid conference will take place on Thursday, November 20, 2025 at 9:00 a.m. Attendance is strongly encouraged but not mandatory.

A certified check or bank draft, payable to Elk Creek Township, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to 10% of the total of the Bid shall be submitted with each Bid.

The Contractor must abide by all laws and regulations applicable to locally funded public contracts, including but not limited to equal employment opportunity. Prevailing wages will apply.

The Elk Creek Township Supervisors will meet on Monday, December 15, 2025 at 7:30 p.m. at the Elk

Creek Township Building at 10405 High Street, Albion, PA 16401 to review bids and to possibly award a contract. The Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Bids and Bid Security may be held by the Owner for a period not to exceed 60 days from the date of opening bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract.

Elk Creek Township Supervisors

00 21 13 - 1

ELK CREEK TOWNSHIP, ERIE COUNTY, PENNSYLVANIA

INSTRUCTIONS TO BIDDERS

SECTION 00 21 13

00 21 13 - 2

ARTICLE 1 - DEFINED TERMS 00 21 13 - 3

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 00 21 13 - 3

ARTICLE 3 - QUALIFICATIONS OF BIDDERS 00 21 13 - 3

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER

RELATED DATA, & SITE 00 21 13 - 4

ARTICLE 5 - PRE-BID CONFERENCE 00 21 13 - 5

ARTICLE 6 - SITE AND OTHER AREAS 00 21 13 - 5

ARTICLE 7 - INTERPRETATIONS AND ADDENDA 00 21 13 - 5

ARTICLE 8 - BID SECURITY 00 21 13 - 5

ARTICLE 9 - CONTRACT TIMES 00 21 13 - 6

ARTICLE 10 - LIQUIDATED DAMAGES 00 21 13 - 6

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS 00 21 13 - 6

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 00 21 13 - 6

ARTICLE 13 - PREPARATION OF BID 00 21 13 - 7

ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 00 21 13 - 7

ARTICLE 15 - SUBMITTAL OF BID 00 21 13 - 7

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 00 21 13 - 8

ARTICLE 17 - OPENING OF BIDS 00 21 13 - 8

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 00 21 13 - 8

ARTICLE 19 - AWARD OF CONTRACT 00 21 13 - 8

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 00 21 13 - 9

ARTICLE 21 - SIGNING OF AGREEMENT 00 21 13 - 9

ARTICLE 22 - SALES AND USE TAXES 00 21 13 - 9

00 21 13 - 3

ARTICLE 1 - DEFINED TERMS

1.01. Terms used in these Instructions to Bidders will have the meanings indicated in the General

Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

a. Bidder - The individual or entity who submits a Bid directly to OWNER.

b. Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. For this project, the Issuing Office is that of ENGINEER, Deiss & Halmi Engineering, Inc., 105 Meadville Street, Edinboro, PA 16412, telephone (814)734-3640.

c. Successful Bidder - The lowest responsible Bidder submitting a responsive Bid to whom

OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.01. Complete sets of the Bidding Documents are available on PennBid at no cost. Bidders must agree to the terms and conditions of the PennBid online bid management system, including but not limited to payment of a fee to PennBid if awarded the contract.

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

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01. Each Bidder must have their name and address on record with PennBid as having obtained the

Bidding Documents.

3.02. Each Bidder must be a competent, experienced contractor who has completed similar projects.

Although the PennDOT Engineering and Construction Management System (ECMS) is not being used for bidding or construction management for this project, each Bidder must be listed as pre-qualified in ECMS for Work Class Codes S1 (cement concrete bridges up to 120 feet) and S9 (bridge deck placement or repair). Other qualification requirements of Bidder and equipment suppliers are included in the

Specifications.

3.03. OWNER and ENGINEER shall have the right to request additional information deemed necessary to determine the ability of the Bidder to perform the obligations under the Contract, and the

Bidder shall furnish OWNER all such information and data for this purpose, in writing, within five days of the request, but not before opening of Bids.

3.04. OWNER reserves the right to reject any Bid, including where an investigation of the available evidence or information does not satisfy OWNER that the Bidder is qualified to carry out properly the terms of the Contract.

00 21 13 - 4

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.01. Underground Facilities

4.01.1 Information and data shown or indicated in the Bidding 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, including OWNER, or others.

4.02. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions, as amended by the Supplementary Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a

Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions.

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

4.04. Reference is made to Article 7 of the General Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) 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 (other than portions related to price) for such other work.

4.05. It is the responsibility of each Bidder before submitting a Bid to:

a. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents;

b. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

c. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

d. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding

Documents;

e. become aware of the general nature of the work to be performed by OWNER and others at the

Site that relates to the Work as indicated in the Bidding Documents;

f. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, 00 21 13 - 5 investigations, explorations, tests, studies, and data with the Bidding Documents;

g. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by

ENGINEER is acceptable to Bidder; and

h. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.06. 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 Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID CONFERENCE

5.01 There will be a pre-bid conference for this project held at the Elk Creek Township Municipal

Building, which is located at 10405 High Street, Albion, PA 16401. The pre-bid conference will take place on Thursday, November 20, 2025 at 9:00 a.m. Attendance is strongly encouraged but not mandatory.

ARTICLE 6 - SITE AND OTHER AREAS

6.01. The Site is identified on the Drawings, and includes the legal right-of-way of Sherrod Hill Road, temporary construction easement areas, and the special use permit area provided by the Pennsylvania

Game Commission.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01. All questions about the meaning or intent of the Bidding Documents are to be submitted electronically via PennBid. Questions received less than five days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER.

ARTICLE 8 - BID SECURITY

8.01. A Bid must be accompanied by Bid security made payable to OWNER in an amount of 10 % of

Bidder’s maximum Bid price and in the form of a certified or bank check or a Bid Bond (on the form attached) issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General

00 21 13 - 6

Conditions. The Bid security shall be submitted electronically via PennBid.

8.02. The Bid security of the Successful Bidder will be retained until such Bidder has executed the

Contract Documents, 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 Contract Documents and furnish the required contract security within 15 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 OWNER until the earlier of seven days after the Effective Date of the

Agreement or 60 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03. Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

8.04. Modified Bids submitted before the Bid opening, whether forwarded by mail or telegram, if representing an increase in excess of 2% of the original Bid, must have the Bid security adjusted accordingly; otherwise the Bid will not be considered.

ARTICLE 9 - CONTRACT TIMES

9.01. The number of days within which, or the dates by which, Milestones are to be completed, and also the Work is to be (a) Substantially Completed, and also (b) completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01. Provisions for liquidated damages are set forth in the Agreement.

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance 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.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01. OWNER and ENGINEER shall have the right to request the identity of certain Subcontractors, Suppliers, individuals, or entities. Within five days of written request by OWNER or ENGINEER, but not before the date of the Bid opening, Bidder shall submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. At the discretion of OWNER or ENGINEER, such list shall be accompanied by one or more of

00 21 13 - 7 the following:

a. an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or individual;

12.02. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed

Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award.

12.03. If apparent Successful Bidder declines to make any such substitution, OWNER may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which

OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective

Date of the Agreement as provided in paragraph 6.06 of the General Conditions.

12.04. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection.

ARTICLE 13 - PREPARATION OF BID FORM

13.01. The Bid form should be filled out and submitted electronically via PennBid. The Bid form is included with the Bidding Documents for reference only.

ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS

14.01 Unit Price

a. Bids shall be on a unit price basis for each item of Work listed in the Bid Form.

b. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions.

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

14.02. The Bid price shall include such amounts as the Bidder deems proper for overhead and profit.

ARTICLE 15 - SUBMITTAL OF BID

15.01. The Bid form shall be filled out and submitted electronically via PennBid, accompanied by the

00 21 13 - 8 following documents, which are to also be submitted electronically via PennBid:

a. the Bid security, in accordance with Article 8;

15.02. A Bid shall be submitted no later than the date and time prescribed in the advertisement or invitation to Bid. Bids will only be accepted electronically via PennBid; mailed or hand delivered Bids will not be accepted.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01. A Bid may be modified or withdrawn electronically at any point prior to the due date and time prescribed in the advertisement or invitation to Bid.

16.02. After the opening of Bids, a Bid may be withdrawn in accordance with the Pennsylvania Public

Contracts Act, 73 P.S. Section 1602. This law prohibits withdrawal of a substantially lower Bid unless the Bidder “submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake and was actually due to an unintentional and substantial mathematical error or an unintentional omission of a substantial quantity of work, labor, materials, or services made directly in the compilation of the bid.”

ARTICLE 17 - OPENING OF BIDS

17.01. Bids will be opened and displayed publicly on the PennBid website following the bid due date and time.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01. All Bids will remain subject to acceptance for 60 calendar days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER; but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - AWARD OF CONTRACT

19.01. OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also 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. 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.

19.02. More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03. In evaluating Bids, OWNER will consider 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

00 21 13 - 9 to the Notice of Award.

19.04. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in Article 12 or in the Supplementary Conditions.

19.05. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

19.06. If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01. Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to Performance and Payment Bonds and insurance. When the

Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01. When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER.

Within 15 days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 - SALES AND USE TAXES

22.01. OWNER is exempt from Pennsylvania state sales and use taxes on materials and equipment to be incorporated into the Work. Said taxes shall not be included in the Bid.

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BID FORM

PROJECT IDENTIFICATION:

Elk Creek Township

Sherrod Hill Road Bridge Replacement

CONTRACT IDENTIFICATION AND NUMBER:

Contract No. 2025-SH

THIS BID IS SUBMITTED ELECTRONICALLY VIA PENNBID TO:

10405 High Street

Albion, PA 16401

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

2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation for Bids and

Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The

Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

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, and performance 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 and performance of the Work.

00 41 43 - 2

D. Bidder has carefully studied all: (1) 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), if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the

Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.

E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding

Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by OWNER and others at the

Site that relates to the Work as indicated in the Bidding Documents.

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

I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by

ENGINEER is acceptable to Bidder.

J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any 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 individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

00 41 43 - 3

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following prices:

Item

No.

Description (PennDOT Master Item number also provided for reference) Unit

Estimated

Quantity

Unit

Price

Total Estimated

Price

1 0201-0100 Clearing and grubbing LS 1 $ $

2 0203-0001 Class 1 excavation CY 232 $ $

3 0204-0001 Class 2 excavation CY 190 $ $

4 0205-0290 Selected borrow excavation, coarse aggregate, No. 2A

CY 82 $ $

5 0212-0016 Geotextile, Class 4, Type C SY 1507 $ $

6 0313-0321 Superpave asphalt mixture design, base course, PG 64S-22, <0.3 million ESALs, 25.0 mm mix, 3-1/2” depth

SY 1507 $ $

7 0350-0106 Subbase 6” depth (No. 2A) SY 2065 $ $

8 0413-0195 Superpave asphalt mixture design, wearing course, PG 64S-22, <0.3 million ESALs, 9.5 mm mix, SRL-L, 1-1/2” depth

SY 1507 $ $

9 0413-6035 Superpave asphalt mixture design, binder course, PG 64S-22, <0.3 million ESALs, 19.0 mm mix, 2-1/2” depth

SY 1507 $ $

10 0460-0001 Bituminous tack coat SY 3014 $ $

11 0601-0343 18” Thermoplastic pipe, Group III, 8’-2’ fill LF 140 $ $

12 0608-0001 Mobilization LS 1 $ $

13 0619-0459 Permanent impact attenuating device, Type

II, Test Level 3, tangent (MASH)

EACH 4 $ $

14 0620-2030 Thrie-beam guide rail to PA Type 10M bridge barrier transition without curb

EACH 4 $ $

15 0620-1600 Type 31-S guide rail LF 50 $ $

16 0686-0020 Construction surveying, Type B LS 1 $ $

17 0686-0050 Construction surveying, Type D LS 1 $ $

18 0689-0001 Narrative schedule LS 1 $ $

19 0803-0001 Placing stockpiled topsoil CY 198 $ $

20 0804-0026 Seeding and soil supplements - Formula C conservation mix, including mulch

LB 14 $ $

21 0806-0113 Temporary short-term, rolled erosion control product, Type 2D

SY 1190 $ $

22 0849-0010 Rock construction entrance EA 1 $ $

23 0855-0003 Pumped water filter bag EACH 6 $ $

24 0867-0012 Compost filter sock, 12” diameter LF 689 $ $

25 0901-0001 Maintenance and protection of traffic during construction

LS 1 $ $

26 0937-0114 Guide rail mounted delineator, Type D

(w/w)

EACH 8 $ $

27 9000-0002 Modified mud sill cribbing LF 72 $ $

28 9000-3001 Stream diversion and dewatering LS 1 $ $

29 9850-0268 Selected borrow excavation rock, Class R-

7, choked with R-4

SY 160 $ $

100 8010-0001 Bridge structure, as designed LS 1 $ $

00 41 43 - 4

101 1002-0053 Reinforcement bars, epoxy coated LB 49,463 $ $

102 1005-1480 Dynamic pile load test EACH 10 $ $

103 1005-1500 Restrike test pile, 3 day waiting period EACH 2 $ $

104 1005-1845 Steel HP14x102 production pile LF 218 $ $

105 1005-2045 Steel HP14x102 pile tip reinforcement EACH 8 $ $

106 1018-0001 Removal of existing bridge LS 1 $ $

107 1019-0050 Protective coating for reinforced concrete surfaces (penetrating sealers, bridge superstructure)

SY 448 $ $

108 9203-0101 Temporary excavation support and protection system

LS 1 $ $

Total of all estimated prices:

6.01 Bidder agrees that the Work will be substantially completed within 270 calendar days of Notice to

Proceed, and ready for final payment in accordance with paragraph 14.07 of the General Conditions within

60 calendar days after substantial completion.

7.01 The following documents are attached to and made a condition of this Bid:

A. the Bid security, in accordance with Article 8 of the Instructions to Bidders;

8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

00 41 43 - 5

SUBMITTED on , 20 .

State Contractor License No. . (If applicable)

If Bidder is:

An Individual

Name (typed or printed):

By: (SEAL)

(Individual’s signature)

Doing business as:

Business address:

Phone No.: FAX No.:

A Partnership

Partnership Name: (SEAL)

By:

(Signature of general partner -- attach evidence of authority to sign)

00 41 43 - 6

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):__________________

(Signature -- attach evidence of authority to sign)

Title: _____________________________

(CORPORATE SEAL)

Attest

(Signature of Corporate Secretary)

Date of Qualification to do business is

00 41 43 - 7

A Joint Venture

Joint Venturer Name: (SEAL)

(Signature of joint venture partner -- attach evidence of authority to sign)

Title:

Joint Venturer Name: (SEAL)

(Signature -- attach evidence of authority to sign)

Title:

Phone and FAX Number, and Address for receipt of official communications:

(Each joint venturer 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.)

EJCDC NO. 1910-28-C (1996 Edition) 00 43 13 - 1

BID BOND

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

BID DUE DATE:

PROJECT (Brief Description Including Location):

BOND

BOND NUMBER:

DATE (Not later than Bid due date):

PENAL SUM:

(Words) (Figures)

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder's Name and Corporate Seal Surety's Name and Corporate Seal

By: By:

Signature and Title Signature and Title

(Attach Power of Attorney)

Attest: Attest:

Signature and Title Signature and Title

Note: (1) Above addresses are to be used for giving required notice.

(2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon

EJCDC NO. 1910-28-C (1996 Edition) 00 43 13 - 2 default of Bidder the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of

Bidder to deliver within the time required by the

Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed

Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1. OWNER accepts Bidder's Bid and Bidder

delivers within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the

Bidding Documents, or

3.2. All Bids are rejected by OWNER, or

3.3. OWNER fails to issue a Notice of Award

to Bidder within the time specified in the Bidding

Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by

OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

6. No suit or action shall be commenced under this

Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by

Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the

Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

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

00 52 43 - 1

EJCDC

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is by and between Elk Creek Township _

(hereinafter called OWNER) and

(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Contract No. 2025-SH: Sherrod Hill Road Bridge Replacement

Replacement of existing approximately 34-foot span concrete adjacent box beam bridge with new 64’-7” spread box beam bridge and reconstruction of approximately 510 feet of adjacent asphalt roadway.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Contract No. 2025-SH: Sherrod Hill Road Bridge Replacement

ARTICLE 3 - ENGINEER

3.01 The Project is being administered by Deiss & Halmi Engineering, Inc., who is hereinafter called

ENGINEER and who is to act as OWNER’s representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the

Work in accordance with the Contract Documents.

00 52 43 - 2

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

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

4.02 Dates for Substantial Completion and Final Payment

A. The Work will be substantially completed within 270 calendar days of Notice to Proceed, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 60 calendar days after substantial completion.

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by

OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and

CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay

OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 5 - CONTRACT PRICE

5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract

Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A below:

A. For all Work, at the prices stated in CONTRACTOR’s Bid, attached hereto as an exhibit.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General

Conditions, as amended by the Supplementary Conditions. Applications for Payment will be processed by

ENGINEER as provided in the General Conditions, as amended by the Supplementary Conditions.

6.02 Progress Payments; Retainage

A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’s

Applications for Payment on or about 15 calendar days after the OWNER’s regularly scheduled public meetings

(which generally occur on the first Wednesday of each month) during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event that there is no schedule of values, as provided in the General Requirements.

00 52 43 - 3

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the

General Conditions:

a. 90 % of Work completed (with the balance being retainage); and

b. 90 % of cost of materials and equipment in storage but not incorporated in the Work.

2. After Substantial Completion, progress payments will be made in the full amount of the Contract price less 150 % of ENGINEER’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General

Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.

ARTICLE 7 - INTEREST

7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 6 % per annum.

ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and

Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and

Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by

CONTRACTOR, and safety precautions and programs incident thereto.

E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.

00 52 43 - 4

H. CONTRACTOR has correlated the information known to CONTRACTOR, 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.

I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

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

ARTICLE 9 - CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. Addendum Nos. ___________________________

2. CONTRACTOR’s Bid (pages 00 41 43-1 to 00 41 43-6, inclusive);

3. This Agreement (pages 00 52 43-1 to 00 52 43-6, inclusive);

4. Performance Bond (pages 00 61 13.13-1 to 00 61 13.13-3, inclusive);

5. Payment Bond (pages 00 61 13.16-1 to 00 61 13.16-3, inclusive);

6. General Conditions (pages 00 72 00-1 to 00 72 00-45, inclusive);

7. Supplementary Conditions (pages 00 73 00-1 to 00 73 00-7, inclusive);

8. Prevailing Wages (section 00 73 46);

9. Technical Specifications (section 01 00 00 and Special Provisions for Items 0901-0001, 9000-0002, 9000-3001, 9850-0268, 1018-0001, 8010-0001, 9203-0101);

10. Drawings:

a. Construction Plan (14 Sheets)

b. Right-of-Way Plan (3 Sheets)

c. Erosion and Sedimentation Control Plan (7 Sheets)

d. Structure Plan (43 Sheets)

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

a. Notice to Proceed;

b. Written Amendments;

c. Work Change Directives;

d. Change Order(s).

00 52 43 - 5

B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

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

Conditions.

ARTICLE 10 - MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings indicated in the General Conditions.

10.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or

Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon

OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

00 52 43 - 6

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.

This Agreement will be effective on , 20 (which is the Effective Date of the Agreement).

OWNER: CONTRACTOR:

Signed: Signed:

Printed Name: Printed Name:

Title: Title:

[CORPORATE SEAL]

[CORPORATE SEAL]

Attest Attest

Address for giving notices: Address for giving notices:

(If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-

CONTRACTOR Agreement.)

License No.

(Where applicable)

Agent for service of process:

(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)

Designated Representative: Designated Representative:

Name: Name:

Title: Title:

Address: Address:

Phone: Fax: Phone: Fax:

00 61 13.13 - 1

Performance Bond

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

CONTRACT

Date:

Amount:

Description (Name and Location):

Date (Not earlier than Contract Date):

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

(Space is provided below for signatures of additional parties, if required.)

EJCDC No. 1910-28-A (1996 Edition)

Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents

Committee, the Associated General Contractors of America, and the American Institute of Architects.

00 61 13.13 - 2

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the…