6-Hinkel Lane Kayak Launch Specifications and Contract Documents.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

for the

2026 HINKEL LANE KAYAK LAUNCH PROJECT

FOR

SOUTH MIDDLETON TOWNSIP

CUMBERLAND COUNTY, PA

Issued

August 19, 2026

Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) before 10:00 A.M. legal time, TUESDAY, SEPTEMBER 8, 2026.

Township Contact Name: Matt Ali, P.E. – Township Engineer mali@smiddleton.com

INVITATION TO BID

OWNER: South Middleton Township Boiling Springs, PA 17007

South Middleton Township will receive bids for the 2026 Hinkel Lane Kayak Launch Project. Bids may be submitted and updated online via the PennBID Program (https://pennbid.bonfirehub.com) until 10:00 AM on Tuesday, September 8, 2026. At that time a public notice will be issued via PennBID containing any available bid results. Bidding documents are available at no cost via the PennBID Program (https://pennbid.bonfirehub.com). Phone support and video instructions are available via the PennBID website for technical assistance.

The contract will include, but not necessarily be limited to, construction of a concrete kayak launch and other associated improvements such as parking areas, railing, sidewalk, line painting and final seeding.

A mandatory pre-bid meeting will be held on Wednesday August 26, 2026 at 10:00 am at the construction site, located at approximately 430 ft down Hinkel Lane from the intersection of Hinkel Lane and Park Drive.

The project is expected to be awarded at the September 10 Board of Supervisors Meeting.

A certified check or bid bond for the amount of 10 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.

Interested bidders need to register at the PennBID web-site. Once registered, bidders can obtain all project documents and submit and update their bids online. Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the “Messages/Vendor Discussions” feature in PennBID no later than 10:00 AM, Thursday September 3, 2026. Only those questions submitted online via PennBID shall be considered. Questions received after 10:00 AM, Thursday September 3, 2026 regarding the project will not be acknowledged.

The contract is subject to the following: 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 Condition;

requirement of an anti-collusion affidavit; the non-discrimination in Employment/Contract Compliance Regulations Conditions; and the Public Works Employment Verification Act. This contract is subject to the Pennsylvania Prevailing Wage Act.

South Middleton Township Board of Supervisors reserves the right to accept or reject any or all Bids.

Cory Adams Township Manager

INSTRUCTIONS TO BIDDERS

2026 Hinkel Lane Kayak Launch Project

1. Project Overview

The South Middleton Township (the “Township”) is seeking bids from qualified bidders for the general procurement of: 2026 Hinkel Lane Kayak Launch Project (the “Work”), as further described in the Specifications herein.

In general, the Contract involves the construction of a concrete kayak launch and other associated improvements such as parking areas, railing, sidewalk, line painting and final seeding.

Construction of the boat launch will include concrete work as well as railing installation as per the Construction Plans. Proposed parking areas (5 parking spaces, 3 trailor spaces and 2 ADA spaces) and the proposed pull-off area by the boat launch shall consist of light duty paving futher described in the Construction Plans. New parking/pull-off areas will also consist of associated line painting as shown on the Construction Plans, and approximately 140’ of sidewalk is proposed by the pull-off leading to the boat launch.

In-Stream work is to be completed within the timeframe of October 1 through December 31.

Paving/ project should be completed when the temperature is above 40 degrees and the ground should not be frozen during paving placement.

Bids will be based on a lump sum bid. The Contract will be subject to the Pennsylvania Prevailing Wage Act. The Township shall provide a written Notice to Proceed to the Contractor.

All work and invoicing to be completed by December 31, 2026.

The bidder acknowledges that the project will be funded, in part,with grant funds from the Pennsylvania Fish and Boat Commission and the Appalachian Trail Conservancy acting through the PA Department of Conservation and Natural Resources . A copy of the grant agreements are included as Exhibit A to this document. The bidder is aware that grant funds are being used on this project and that submission of a bid shall be treated as the bidder's acknowledgement of the associated compliance requirements, and commitment to adhere to the same. The compliance requirements are outlined in the grant agreements, which shall include, but not be limited to the following: nondiscrimination/sexual harassment provisions, payment and performance bonds,, certificates of insurance with Pennsylvania Fish and Boat Commission and the PA Department of Conservation and Natural Resources listed as an additional insured, and PA prevailing wage applicability.

2. Table of Contents

The Bidding Documents include the following documents:

Invitation to Bid Instructions to Bidders General Terms and Conditions Non-Discrimination/Sexual Harrassment Clause (Extracted document available in the

“PUBLIC FILES” tab within PennBID) Bidder Affidavit (Extracted document available in the “PUBLIC FILES” tab within

PennBID)

Non-Collusion Affidavit (Extracted document available in the “PUBLIC FILES” tab within PennBID)

Bid Form (Bidders shall complete electronic bid form within PennBID) Bid Bond (Extracted document available in the “PUBLIC FILES” tab within

PennBID) Contract Agreement Performance Bond Payment Bond Prevailing Wage Rate Determination Addenda (if released by Township) Receipt of Addenda (if Addenda is released by the Township) PA Certified Payroll Form Appendices

Exhibit A Grant Agreements

Electronically available only in the “PUBLIC FILES” tab within PennBID Drawings titled “Construction Plans for Hinkel Lane Kayak Launch” last revised

August 17, 2026, (11 Sheets)

3. Copies of Bidding Documents

Bidding documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com). Complete sets of the Bidding Documents shall be used in preparing the Bid. The Township does not assume responsibility for any errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

4. Contractor

The Successful Bidder will be known as the Contractor. The Successful Bidder to whom a contract is awarded (the “Agreement”) will be required to comply with all applicable federal and state laws, rules, regulations, orders and approvals, and all applicable Township ordinances, rules and regulations.

5. Qualifications of Bidders

At the Township’s request, a Bidder may be required to provide the Township with at least three

(3) references for similar work or product with applicable contact information within five (5) calendar days after the Bid opening date. These references shall verify that the Bidder has successfully delivered or performed similar projects or commodities.

Each Bid must contain evidence of Bidder’s qualification to do business in the Commonwealth of Pennsylvania, or covenant to obtain such qualification prior to and as a condition of the award for the Contract.

No contract will be awarded to, any person who is in arrears with the Township upon debt or contract, or who is in default as surety or otherwise, upon any obligation to said Township or whose work has heretofore proved unsatisfactory or dilatory.

6. Examination of Contract Documents and Site

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

6.1.1 examine and carefully study these Bidding Documents, including any Addenda;

6.1.2 visit the site and become familiar with and be satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work;

6.1.3 consider all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the Work;

6.1.4 correlate the information known to Contractor, 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; and

6.1.5 promptly notify the Township of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Bidding Documents.

The Township shall, at its convenience, make facilities accessible to each bidder and staff for this purpose. Failure to arrange for inspection may disqualify bidder.

6.2 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 the Township by the owners of such Underground Facilities or others, and the Township does not assume responsibility for the accuracy or completeness thereof.

6.3 Before submitting a Bid, each Bidder shall be responsible to obtain 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 which may affect cost, progress, performance, or furnishing of the Work or which relate 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 Bidding Documents.

7. Interpretations and Addenda

Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the “Messages” feature in PennBid no later than five (5) days prior to the date for receipt of bids.

The Township may issue an Addendum if deemed necessary by the Township to address or clarify the Bidding Documents prior to the submission deadline. Questions received after five (5) days prior to the date for opening Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral statements, interpretations or clarifications will not be binding or legally effective. A Bidder who fails to acknowledge receipt of any such Addendum with its Bid, as documented in a “Receipt of Addenda” form will be construed as though the Addendum had been received and acknowledged.

8. Security

8.1 All bonds shall be in the form and substance prescribed by the Bidding Documents except as provided otherwise by laws and/or regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570

(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond.

If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to conduct business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of this Section 8, Contractor shall promptly notify the Township and, within twenty (20) days after the event giving rise to such notification, provide another bond and surety.

8.2 Bid Bonds. Each Bid must be accompanied by a Bid security made payable to the Township in an amount of ten percent (10%) of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached) issued by a surety meeting the requirements of this Section. All instruments of Bid security shall be valid and remain in effect for at least one hundred twenty (120) days from the date of the bid opening. Substitute Bid Bond forms are not acceptable.

The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished acceptable Contract bonds and insurance certificate, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish acceptable Contract bonds and insurance certificate within fifteen (15) days after the Notice of Intent to Award, the Township may annul the Notice of Intent to Award and the full amount of the Bid security of that Bidder will be forfeited.

The Township will return the Bid security and financial information, if any, of all Bidders, except the three apparent lowest responsible, responsive Bidders as determined by the Township upon evaluation, within thirty (30) days after the date of Bid opening; and upon execution of the Agreement and furnishing of acceptable Contract bonds and insurance certificate by the successful Bidder, the remaining Bid securities and financial information, if any, of the each of the three lowest Bidders will also be returned.

8.3 Performance and Labor and Payment Bonds. When the apparent Successful Bidder delivers the signed Agreement to the Township, it must be accompanied by the required Performance and Labor and Payment bonds on the forms provided in the Bidding Documents. Substitute Bond forms are not acceptable.

Contractor shall furnish performance and payment bonds, each in an amount equal One Hundred Percent (100%) of the estimated contract price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period, whichever is later, except as provided otherwise by laws or regulations or by the Contract Documents.

8.4.1 Maintenace Bond.

A Maintenance Bond to cover a period of one year following completion of the project should be in an amount of at least 10% of the contract price.

9 Liquidated or Other Damages

Provisions for liquidated and other damages, if any, are set forth in the Agreement.

10 Pre-bid Meeting Information A mandatory pre-bid meeting will be held on Wednesday August 26, 2025 at 10:00 am at the construction site, located at Hinkel Lane. Oral statements made at the pre-bid meeting by the Township, its officers, employees, agents, and consultants may not be relied upon and will not be binding or legally effective. The Township may release an Addendum in response to questions arising at the conference if deemed necessary or desirable by the Township.

11 Substitutions and "Or Equal" Items

Bids shall be based on products, materials, equipment and methods covered in the Specifications and shown on any drawings included. When a specification includes the name or names of manufacturer(s), Bids shall be based on a product which: (1) meets all Specification requirements;

and (2) is produced by one of the manufacturers specifically named in the Specifications for that particular Product.

Requests for substitutions, or for "or Equal" other those specified in the Specifications, will be considered by the Township if submitted in writing at least five (5) days prior to the Bid opening date. The burden of proof of the merit of the proposed item is upon Bidder. The Township's decision of approval or disapproval of a proposed item will be final. If the Township approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders.

Bidders shall not rely upon approvals made in any other manner.

12 Public Works Employment Verification Act

The Contractor shall comply with the Pennsylvania Public Works Employment Verification Act (Act 127 of 2012), as it relates to public works contractors requiring to verify that newly hired employees are authorized to work in the United States, for certain public works contracts estimated to be in excess of One Hundred Thousand Dollars ($100,000.00). In the event the amount of the bid is in excess of One Hundred Thousand Dollars ($100,000.00) the Bidder is required to submit a completed Public Works Employment Verification Form to the Township as a condition of award of the Contract.

13 Federal Occupational Safety and Health Act of 1970 (OSHA)

The Contractor shall comply with the Federal Occupational Safety & Health Act of 1970 (OSHA) conditions; the Pennsylvania Act 287 of 1974, as amended by Act 172, of 1986, as amended by Act 187 of 1996

14 Architectural Barriers, Rehabilitation, Universal Accessibility, and Americans with Disabilities Acts

The Contractor shall comply with the Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1073; PA Act 235 of 1965, as amended, Universal Accessibility Act; and Americans with Disabilities Act (ADA) of 1990; and the non-discrimination in Employment/Contract Compliance Regulations Conditions.

15 Bid Form

The Bid Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid, inclusive of all required supporting documents.

The following should be considered by Bidder with Bid submission:

Tax: South Middleton Township is a sales tax exempt entity. Certain materials or items of this contract may be tax exempt. The Contractor is not exempt from the obligation to follow appropriate tax laws in the procurement of materials and services used in the performance of this contract.

Bidder shall obtain legal advice to determine how and to what extent the Township’s tax exemption may be utilized by the Contractor. The Township will provide, at the Contractor's request, documentation required to obtain applicable tax exemptions.

Prevailing Wage: The Agreement will be subject to the the Pennsylvania Prevailing Wage Act conditions. The Contractor shall therefore pay at least the wage rates as determined by the attached Wage Rate Determination and provide all documentation for compliance with the Act.

16 Submission of Bids

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

A summary of bids received will be displayed on PennBid after bid opening, the time of which is listed in the Invitation to Bid. It should be noted that bid results are subject to further review and should not be construed as issuance of award.

The following completed documents are to be submitted with the Bid and will become a condition of the Bid:

Bid Form (Bidders shall complete electronic Bid Form within PennBid) Bidder Affidavit Non-Collusion Affidavit Bid Bond Receipt of Addenda (if applicable)

Bidders may provide comments to clarify or describe their technical offer, but Bidders cannot change, modify, delete or make additions to the wording to any of the Bidding Documents, including the Agreement, General Conditions, or the Bid Form. Unauthorized conditions, exceptions, limitations, or provisions attached to the bid may be cause for rejection of the Bid, at the Township’s sole and absolute discretion. Any questions regarding the Bidding Documents shall be submitted as a request for interpretation and the Bidding Documents may only be modified by Addendum issued by the Township prior to the Bid opening date.

In addition, the Bidder acknowledges and understands that any information received by the Township may be subject to disclosure pursuant to the Pennsylvania Right to Know Law, 65 P.S.

§ 67.101 et seq., and the Township will process any and all request made pursuant to the Pennylvania Right ot Know Law in accordance with the Right to Know Law.

17 Modification and Withdrawal of Bids

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

After the Bid opening, Bidder may withdraw its Bid only by complying with applicable federal, state, or local laws and regulations. Unless prohibited by such applicable laws and regulations, or if there are no applicable laws and regulations, Bidder shall forfeit the entire amount of Bid security upon withdrawal of its Bid.

After the Bid opening, Bidder may withdraw its Bid, without forfeiture of Bid security, if Bidder submits credible evidence that there is an error in its Bid and such error was a clerical mistake as opposed to a judgment mistake and was due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of the Work; provided: (1) notice of claim of the right to withdraw Bid is made in writing to the Township within two business days after opening of Bids; and (2) the withdrawal of the Bid will not result in the awarding of the Contract on another Bid of the same Bidder, Bidder's partner, or a corporation or business venture owned by Bidder or in which Bidder has a substantial interest. A Bidder which is permitted to withdraw a Bid shall supply any products or labor to, or perform any subcontract or other work for, any entity awarded a Contract or subcontract for performance of the Work for which the withdrawn Bid was submitted.

18 Bids to Remain Subject to Acceptance

For the initial award, Bids shall remain open for a period of up to sixty (60) days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds or notes, or the award of a grant or grants, in which event the Bids shall remain open for a period of up to one hundred twenty (120) days from the date of Bid opening. The Township will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty (30)-day extensions of the date for the award may be made by the mutual written consent of the Township and the apparent Successful Bidder. In addition, each Bidder, by submitting a bid, agress to keep their Bid price fixed through 2025 in the event the Successful Bidder (the “Contractor”) cannot agree on a completion date for a particular list of work and the Township desires to award the particular list of work to the next lowest Bidder who can meet the completion date.

19 Award of Contract

The Township reserves the right, without limitation, to reject any or 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 the Township 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 the Township. The Township also reserves the right to waive all irregularities or informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder.

The Township will correct discrepancies in Bidder’s mathematical totals. Discrepancies in 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.

In evaluating Bids, the Township may conduct such investigations as the Township deems necessary and/or desirable to assist in the evaluation of any 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 the Township’s satisfaction within the prescribed time. The Township reserves the right to interview bidders. If the Contract is to be awarded, the Township will give the apparent Successful Bidder a Notice of Intent to Award.

The Successful Bidder is required to complete an Internal Revenue Service Form (W-9) providing the bidder's taxpayer identification number (TIN), address, and, if applicable, certification regarding backup withholding prior to and as a condition of the award of the Contract. The Township may waive this provision in the event the Township is in possession of an accurate and up to date W-9 form.

20 Signing of Agreement

When the Township gives a Notice of Intent to Award to the apparent successful Bidder, it will be accompanied by unsigned counterparts each of the Agreement (each with a copy of the Bid submission, the Payment and Performance Bonds, and the W-9 Form. Within fifteen (15) days thereafter, apparent Successful Bidder shall sign and deliver to the Township the signed counterparts of the Agreement accompanied by the executed Performance and Payment Bonds (with a power-of-attorney certificate attached to each) or other forms of financial security, required insurance certificate(s), and the completed W-9. The Notice of Inent to Award may be annulled, at the discretion of the Township, if the apparent Successful Bidder does not execute, and deliver to the Township the Agreement, together with the required Performance and Payment Bonds, insurance certificate(s), completed W-9 Forms (if required), within fifteen (15) days from the date of the Notice of Intent to Award; Bidder shall be considered in Default, and the full amount of its Bid Bond shall be forfeited.

In the event the Successful Bidder (the “Contractor”) cannot agree on a completion date for a particular list of work and the Township desires to award the particular list of work to the next lowest Bidder who can meet the completion date, the Township will give the next lowest bidder the option of entering into an Agreement for that particular list of work only in the same manner and according to the same conditions as set forth in this Paragraph 1.

GENERAL TERMS AND CONDITIONS

1. Labor and Equipment Contractor agrees to furnish all labor, tools and equipment and to pay any and all costs and expenses necessary for or in connection with the work to be completed hereunder in consideration of the payments hereinafter provided to be paid to Contractor by the Township. The Township may supply its own operators or may ask Contractor to supply its own operators, as indicated in the Specifications.

2. Inspection of Work or Equipment, Goods, Acceptance

The Township reserves the right to inspect the Contractor’s Work, and direct changes to the Contractor’s methods and procedures within the scope of the Contract. Periodic inspections may be performed by the Township or its agents. Contractor shall allow the Township reasonable time to perform such inspections or tests. The Township shall give prompt notice to Contractor as to whether the Work appears to be conforming or non-conforming on the basis of any inspections or testing of conformity.

3. Termination and Suspension Should Contractor fail to perform the Work and/or Services to the satisfaction of the Township, in the Township’s sole and absolute discretion, or to comply with any of the provisions of the Agreement, the Township may terminate the Agreement for cause upon seven (7) days written notice of intent to terminate to Contractor. Contractor’s services will not be terminated if Contractor begins within seven (7) days of receipt of the notice of intent to terminate to correct and cure the deficiencies set forth in said notice and it proceeds in a diligent manner to cure such deficiencies within no more than fifteen (15) days of receipt of said notice, unless the Township in its sole and absolute discretion extends such time to cure in writing.

Notwithstanding the foregoing, the Township may terminate this Agreement without cause and without prejudice to any other right or remedy of the Township upon ten (10) days written notice to Contractor.

Contractor may only terminate the Agreement in the event the Township is in default and fails to cure said default within thirty (30) days from the date the Township receives written notice from Contractor, which said notice shall set forth the alleged default.

In the event that the Township terminates the Contract as provided for herein, Contractor agrees that Contractor shall not be entitled to, and shall not be paid, an amount of loss of anticipated profits or revenue or other economic loss arising out of and/or resulting from such termination. Contractor agrees that its sole remedy shall be payment for services rendered prior to termination of the Contract, provided however that the Township may offset any amount owed to Contractor for services rendered by Contractor prior to termination for any damages, and/or costs suffered and/or incurred by the Township as a result of any breach or failure by Contractor.

The Township has the right to suspend performance of the Agreement, at any time and without cause, by written notice, upon which the Contractor shall be entitled to an increase in the contract time and contract price caused by the suspension, as determined by the Township in its sole and absolute discretion.

4. Warranty Contractor warrants and guarantees to the Township that all Work will be in accordance with the Contract Documents and will not be defective. Contractor shall guarantee workmanship against defects or failures for a period of one (1) year after the completion of the Work as evidenced by final payment under Paragraph 5.3 of the Agreement for each written Notice to Proceed. Neither final payment nor acceptance of the work shall relieve Contractor of responsibility for failure to comply with the Specifications. Contractor shall remedy any defects in his work that shall appear within a period of one (1) year from completion and acceptance, and shall bear the expense of repairing everything that has been destroyed or damaged by such defects.

With respect to breach of warranty claims by the Township, the Township shall provide Contractor with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach of warranty has occurred. The Township shall give Contractor prompt notice of defects that become apparent. Contractor shall have ten (10) days from receipt of the written notice declaring the breach (or such longer period of time as the Township may grant in writing) within which to cure the alleged breach. These provisions shall be in addition to all other rights and remedies available to the Township under the Agreement and any applicable laws. In case of an emergency where delay would cause serious loss or damage, the Township may undertake to have any defects repaired without previous notice to Contractor, and the expense of such repairs shall be borne by Contractor.

Contractor’s warranty and guarantee excludes defects or damage caused by normal wear and tear under normal usage. The Township and its officers, employees, agents, consultants and subcontractors shall be entitled to rely on the representation of Contractor’s warranty and guarantee.

5. Permits, Licenses, etc.

All permits (except Township permits), licenses, inspections, ratings, certificates and/or approvals related to the performance of the Work, or delivery of such commodities, is the sole responsibility of Contractor and all costs and/or expenses for such should be included in bid proposal. Failure to obtain and maintain such permits shall constitute a breach of the Contract.

6. Assignment

No assignment by a party hereto of any rights under or interests in the Contract Documents 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.

7. Invoices and Payment

Payment of Invoices are approved by the Board of Supervisors at their meetings which are typically on the second and last Thursday of each month. Applications for payments will need to be approved by the Township Project Engineer and processed at a Supervisor’s meeting. Typically, that process takes up to 30 days, depending upon meeting schedule. Payments shall be subject to the retainage provisions of Paragraph 5 of the Agreement.

If the Township objects to any portion of an Invoice, the Township shall so notify the Contractor in writing within twenty (20) days of receipt of the invoice. The Township shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice not in dispute.

Interest as stated above shall be paid by the Township on all disputed invoiced amounts resolved in the Contractor’s favor and unpaid for more than ninety (90) days after date of the notice of the dispute.

8. Insurance When the apparent Successful Bidder delivers the signed Agreement to the Township it must be accompanied by the required insurance certificate on the latest version of the ACORD 25 Certificate of Insurance Form. South Middleton Township, its elected officials and employees, are to be named as an additional insured on the Contractor’s Certificate of Insurance. The Pennsylvania Fish and Boat Commission and Department of Conservation and Natural Resources shall also be additional insureds. All policies of insurance shown on the Certificate of Insurance shall not be cancelled or materially changed unless thirty (30) days prior notice has been given to the Township.

Contractor agrees to furnish an original copy prior to signing and maintain during the term of this Agreement, or until delivery of the goods, commodities, equipment, and/or deliverables is complete and until the Work is completed and approved by the Township, at Successor Bidder’s sole cost and expense, the following minimum types of insurance as specified herein.

Contractor shall maintain Workmen’s Compensation insurance for all of his employees employed at the site of the project, and in case any work is sublet, Contractor shall require the subcontractor similarly to provide Workmen’s Compensation insurance for all the latter’s employees unless such employees are covered by the protection afforded by Contractor.

Contractor shall, at its sole cost and expense, maintain the following the minimum types of insurance as specified herein during the lifetime of the Agreement:

WORKMEN’S COMPENSATION

Statutory limit as required by the Commonwealth of Pennsylvania.

BUSINESS AUTOMOBILE – Covering Any Automobile (Symbol I)

Bodily Injury Liability and Property Damage Liability $1,000,000 (CSL)

COMMERCIAL GENERAL LIABILITY (CGL)

Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Medical Expense Limit $ 15,000

The Township, its elected officers and employees, shall be named an additional insured on the Contractor's CGL policy. Before starting work the Contractor shall furnish to the Township for its examination and approval such policies of insurance with all endorsements, or a conformed specimen thereof certified by the agent of the insurance company, together with certificates of the insurance company of such insurance, such certificate to provide that insurance company will give the Township ten (10) days written notice of any cancellation or change in the terms of such policy during the periods of coverage.

9. Indemnification

Contractor and its subcontractors, if any, successors and assigns, its employees, agents, servants, and/or anyone acting under Contractor’s control and/or Contractor’s direction shall release, hold harmless, and indemnify the Township, its officers, elected officials, agents, representatives, and employees acting within the scope of their official duties from and against any and all damages, costs, claims, suits, demands and expenses (including but not limited to reasonable attorneys’ fees) to the extent caused by the negligent acts, errors, or omissions of Contractor, its employees, subcontractors, agents, servants, and/or anyone acting under Contractor’s control and/or Contractor’s direction, in the performance of the requirements of this Agreement. Contractor shall defend any lawsuit commenced against the Township and shall pay any judgments and costs connected with such proceeding which are based upon the negligent acts or omissions of Contractor or its employees, agents, servants, and/or anyone acting under Contractor’s control and/or Contractor’s direction. If Contractor is successful in defending such a lawsuit, then the Township will reimburse Contractor for its costs and expenses associated with such defense only to the extent that such liabilities arise from an action which can be properly brought against the Township as an exception to governmental immunity in accordance with the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. § 8541 et. seq. and in accordance with such limits of liability set forth in the Act. This Section 9 shall survive the termination of the Contract.

10. Taxes

All taxes of whatsoever kind, nature and description payable in respect to the performance of this agreement are to be paid by the Contractor unless otherwise provided by law.

11. Additional Contractor Compliance All Work performed under the Contract shall conform with all applicable federal, state and local laws, including but not limited to the following, if applicable:

1. Contractor shall comply with Pennsylvania Prevailing Wage Act conditions for projects above

$25,000.

2. Contractor is subject to the provisions of the Pennsylvania Steel Products Procurement Act of 1978, P.L. 6, as amended. The Act and amendments require that the Contractor use or furnish only steel products (as defined in the Act and amendments) which have been produced in the United States.

3. Contractor is subject to the provisions of the American Iron and Steel (“AIS”) in accordance with the provisions of the Federal Consolidated Appropriations Act, January 17, 2014, P.L.

113 No. 76 § 436. require that the Contractor use or furnish only steel products (as defined in the Act and amendments) The AIS requires that the Contract use or furnish only steel and iron products (as defined in the AIS) which have been produced in the United States.

4. Contractor is subject to the provisions of Pennsylvania Act 247 of 1972, as amended, relating to the prevention of environmental pollution and the preservation of public natural resources.

5. Contractor is subject to the provisions of the Pennsylvania Human Relations Act No. 222 of 1955, as amended.

6. Contractor is subject to the provisions of Pennsylvania Underground Utility Line Protection Act, Act 287 of 1974, as amended by Act 181 of 2006 and Act 121 of 2008, which requires contractors to notify public utilities prior to starting excavation or demolition work (811 Call Before You Dig).

7. Contractor shall comply with the Pennsylvania Public Works Contract Regulation Law, as amended by Act 142 of 1994 as it relates to timely payment by Contractor and Subcontractor to its Subcontractors.

8. Contractor shall comply with the Antibid-Rigging Act, 62 Pa.C.S.A §4501, et seq.

9. Contractor shall comply with all applicable provisions of the Workmen’s Compensation Act of 1915 and its supplements and amendments, including amendments set forth in Act 44 of 1994, and shall provide evidence of insurance and require evidence of insurance to be provided by any and all subcontractors.

12. Right to Know

The Contractor acknowledges and understands that any information received by the Township may be subject to the Pennsylvania Right to Know Law, 65 P.S. § 67.101 et seq. If any information received by the Township is subject to a request pursuant to the Pennsylvania Right to Know Law, the Township shall notify the Contractor within five (5) days of receiving said request pursuant to the Right to Know Law. The Parties hereto shall use all reasonable efforts to coordinate a response pursuant to the Right to Know Law. In the event that the Contractor determines that the requested information is considered a Trade Secret or Confidential Proprietary Information as defined by the Right to Know Law or that any other exemption applies, the Contractor shall notify the Township within five (5) days of it receiving notification from the Township of the request for information pursuant to the Right to Know Law. In the event that the Township denies a request pursuant to the Right to Know Law at the Contractor’s request and that denial of information is appealed to the Pennsylvania Office of Open Records and/or Pennsylvania Courts, the Contractor shall indemnify the Township for any and all legal expenses incurred by the Township as a result of such challenge and may participate in any proceedings as an interested party. The Contractor’s duties regarding the Right To Know Law are continuing duties that survive the expiration of the Agreement.

13. Project Description and Construction Specifications

This project includes the construction of a concrete boat launch and parking areas. Specifications can be found within the “Construction Plans” dated August 17, 2026. All materials not specified on the Drawings shall be completed in conformance with PennDOT Publication 408/2020 Change No. 4, and Publication 72M Change No. 8. These documents are to be considered part of these Contract Documents.

Construction of the boat launch will include concrete work as well as railing installation as per the Construction Plans. Proposed parking areas (5 parking spaces with 3 trailor spaces, and 2 ADA spots) and the proposed pull-off area by the boat launch shall consist of light duty paving futher described in the Construction Plans. New parking/pull-off areas will also consist of associated line painting as shown on the Construction Plans, and approximately 140’ of sidewalk is proposed by the pull-off leading to the boat launch.

E&S features such as a rock construction entrance, filter sock, final seeding and temporary cofferdam are required. All work should be completed within an appropriate timeframe with DEP and Trout Stream considerations. In-Stream work is to be completed within the timeframe of October 1 through December 31. Paving/ project should be completed when the temperature is above 40 degrees and the ground should not be frozen during paving placement.

This project requires a GP-2 permit from PA DEP. The Township has submitted the permit and is awaiting DEP approval. Project Notice to Proceed will not be sent before this permit approval is obtained.

1. NONDISCRIMINATION/SEXUAL HARASSMENT

a. 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.

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

i. 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

c. 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 where the grant activities are performed; or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

d. 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.

e. 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.

f. 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. The incorporation of these provisions in the Grantor’s subgrants, contracts, or subcontracts does not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by those provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor’s violation of these provisions, the Grantee shall use its best efforts to ensure the subgrantee’s, contractor’s, or subcontractor’s compliance with these provisions.

Signature Date

Print Company

BIDDER AFFIDAVIT

The Specifications and all papers required by it and submitted herewith, the Contract, and all papers made a part hereof by its terms, are hereby made a part of this Bid.

The undersigned bidder hereby represents as follows:

A. That he has carefully examined the Bid, the Contract, and the Specifications.

B. That no officer, agent, or employee of the South Middleton Township is personally interested directly or indirectly in this Bid and the accompanying Contract or the compensation to be paid herein under.

C. That the Bid is made without connection with any person, firm or corporation making a Bid for the same work, and is in all respects fair and without collusion or fraud; and

D. That should this Bid be accepted by the South Middleton Township within the timeframe contemplated in these Bidding Documents, he will execute the Contract and furnish any other documents within the time and in the forms and amount required by the Contract and Specifications, and that upon his failure, neglect or refusal to do so, he shall forfeit to the South Middleton Township the Bid Security, not as a penalty, but as a liquidated damage.

Name of Bidder, Corporation, Firm or Individual

By: ________________________________

Authorized Representative

Please Print Signature

Title

Business Address of Bidder

Phone #

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, 62 Pa.C.S.A.§ 4501 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…