7-Project Manual Final.pdf

SPECIFICATIONS AND BID DOCUMENTS

FOR

EBY & STUMPTOWN ROAD BRIDGE REPAIRS

RETTEW PROJECT NO. 0573903809

UPPER LEACOCK TOWNSHIP, LANCASTER COUNTY, PA

PREPARED FOR:

UPPER LEACOCK TOWNSHIP

161 Newport Road Leola, PA 17540

PREPARED BY:

RETTEW ASSOCIATES, INC.

3020 Columbia Ave, Lancaster, PA 17603

June 2026 kelly.helsel Text Box kelly.helsel Text Box July 2026

Specifications and Bid Documents Eby & Stumptown Road Bridge Repairs Project Upper Leacock Township, Lancaster County, PA

TABLE OF CONTENTS

Invitation To Bid

General Instructions to Bidders ......................................................................................... 4-14

Bid Form Certification ...................................................................................................... 15-19

Bid Bond ...................................................................................................................... 20-21

Non-Collusion Affidavit .................................................................................................... 22-23

Notice of Award

Agreement ...................................................................................................................... 25-30

Performance Bond ........................................................................................................... 31-33

Payment Bond .................................................................................................................. 34-36

Worker’s Compensation Affidavit

Public Works Employment Verification Form

Non-Discrimination Affidavit

Notice to Proceed

General Conditions ........................................................................................................ 41-112

Supplemental Conditions ............................................................................................. 113-128

Submittal Policy

Certificate of Compliance ............................................................................................ 130-131

Change Order

Application for Payment .............................................................................................. 133-135

Certificate of Substantial Completion

Attachments:

1. PA State Prevailing Wage Rates ....................................................................... 137-144

2. Special Provisions ............................................................................................. 145-170

3. Permit ............................................................................................................... 171-200

4. Plansets ............................................................................................................ 201-242

Eby & Stumptown Road Bridges Repairs Project Upper Leacock Township, Lancaster County, PA

INVITATION TO BID

OWNER: Upper Leacock Township ENGINEER: RETTEW Associates, Inc.

161 Newport Road 3020 Columbia Avenue Leola, PA 17540 Lancaster, PA 17603

(717) 394-3721

Upper Leacock Township will receive bids for the Eby & Stumptown Road Bridges Repairs Project. Bids may be submitted and updated online until 11:00 AM EST, Tuesday, August 11, 2026. At that time, the bid results will be made available online. All documents and solicitation details are available online at no cost at PennBid (https://pennbid.bonfirehub.com).

The work will include but not necessarily be limited to the repair of two existing concrete bridge structures, pavement reconstruction, headwall reinforcement, and other associated work depicted within the site drawings.

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

A certified check or bid bond for the amount of 10% of the total bid shall be required. Bonds are to be issued by a surety licensed to do business in the Commonwealth of Pennsylvania.

Only those questions submitted online via PennBID shall be considered. Questions received after 4:00 PM on Thursday, August 6, 2026, regarding the project will not be acknowledged.

This contract is subject to the following: the Pennsylvania Prevailing Wage Act conditions; the Federal Occupational Safety and Health Act of 1970 (OSHA) conditions; the Pennsylvania Act 229 of 2002; the Pennsylvania One Call Act, also known as the Underground Utility Line Protection Law, Act 287 of 1974, as amended; the Pennsylvania Human Relations Act 222 Conditions; and the non-discrimination in Employment/Contract Compliance Regulations Conditions.

The Township expressly reserves the right to reject or accept any or all bids and may re-advertise if the best interests of the Township are to be hereby promoted.

Mike Morris

Township Manager

Eby & Stumptown Road Bridges Repair Project Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page Number

I-1. Defined Terms I-1

I-2. Copies of Bidding Documents I-1

I-3. Qualifications of Bidders I-1

I-4. Examination of Contract Documents and Site I-2

I-5. Availability of Lands for Work, Etc. I-4

I-6. Interpretations and Addenda I-4

I-7. Bid Security I-4

I-8. Contract Time I-5

I-9. Liquidated Damages I-5

I-10. Substitute or "Or-Equivalent" Items I-5

I-11. Subcontractors, Suppliers and Others I-5

I-12. Bid Form I-5

I-13. Submission of Bids I-6

I-14. Modification and Withdrawal of Bids I-6

I-15. Opening of Bids I-7

I-16. Bids to Remain Subject to Acceptance I-7

I-17. Award of Contract I-7

I-18. Contract Security I-8

Eby & Stumptown Road Bridges Repair Project Upper Leacock Township, Lancaster County, PA

I-19. Signing of Agreement I-8

GENERAL INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

(CONTINUED)

Page Number

I-20. Pre-Bid Conference I-8

I-21. Sales and Use Tax I-8

I-22. Retainage ............................................................................................................................. I-9

I-23. Non-Collusion I-9

Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTION TO BIDDERS I - 1

RETTEW Project No.:0573903809

GENERAL INSTRUCTIONS TO BIDDERS

I-1 DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC C-700) (2013 Edition) have the meanings assigned to them in the General Conditions.

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

I.1.1 "Bidder" - one who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a Bidder.

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

I.1.3 "Bidding Documents" - includes the Invitation to Bid, Instructions to Bidders, the Bid Form, Bid Form Certification, and the proposed Contract Documents, including all Addenda issued prior to receipt of Bids.

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

I-2 COPIES OF BIDDING DOCUMENTS

I.2.1 Complete sets of the Bidding Documents are available for download on the PennBID website at https://pennbid.bonfirehub.com/.

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

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

I-3 QUALIFICATIONS OF BIDDERS

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

Whether the Bidder:

I.3.1.a Maintains a permanent place of business;

I.3.1.b Has adequate equipment to do the Work properly and expeditiously;

Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTION TO BIDDERS I - 2

RETTEW Project No.:0573903809

I.3.1.c Has suitable financial status to meet obligations incident to the Work;

I.3.1.d Has had experience on a minimum of three (3) projects of similar character and magnitude;

I.3.1.e Has qualification to do business in the state where the project is located; and

I.3.1.f The prime contractor and all subcontractors will be required to be prequalified by Pennsylvania Department of Transportation (PennDOT) to perform the types of work they will perform within the scope of work. A prequalification of Work Class Code “S4” is required for the prime contractor. The prequalification will be active on the date that the bids are due and will remain active throughout the duration of construction. Certification of the PennDOT prequalification will be provided to the Township for the prime contractor and all subcontractors.

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

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

I-4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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

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

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

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

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

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

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

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

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

Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTION TO BIDDERS I - 3

RETTEW Project No.:0573903809

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

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

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

I.4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 5.03, 5.04 and 5.05 of the General Conditions.

I.4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional or supplementary examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

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

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

I.4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the

Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTION TO BIDDERS I - 4

RETTEW Project No.:0573903809

Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents by submitting Questions via the PennBID website and the submitted resolutions thereof by the ENGINEER is acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work.

I.4.9 The provisions of Paragraphs I-4.1 through 4.8 inclusive, do not apply to asbestos, polychlorinated biphenyls (PCBs), petroleum, hazardous waste or radioactive material covered by Paragraph 5.06 of the General Conditions.

I-5 AVAILABILITY OF LANDS FOR WORK, ETC.

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

I-6 INTERPRETATIONS AND ADDENDA

I.6.1 All questions about the meaning or intent of the Contract Documents are to be submitted on PennBID. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda on PennBID. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only questions answered by formal Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

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

I.6.3 The Bidder is responsible for checking the PennBID website for determining that they have received all Addenda issued.

I-7 BID SECURITY

I.7.1 Each Bid must be accompanied by Bid Security made payable to OWNER in an amount of 10 percent of the Bidder's maximum Bid price, unless otherwise modified in the Invitation to Bid, and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Article 6 of the General Conditions. An electronic copy of the Bid Security shall be submitted via PennBID; upon request, the Bidder shall submit the original documents to ENGINEER within 2 business days.

Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTION TO BIDDERS I - 5

RETTEW Project No.:0573903809

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

I-8 CONTRACT TIME

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

I-9 LIQUIDATED DAMAGES

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

I-10 SUBSTITUTE OR "OR-EQUIVALENT" ITEMS

I.10.1 The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equivalent" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equivalent" 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 Paragraph 7.04 of the General Conditions and may be supplemented in the General Requirements. The ENGINEER’S costs in reviewing substitution or “or-equivalent” requests shall be borne by the CONTRACTOR.

These costs will be deducted from the CONTRACTOR’s applications for payment.

I-11 SUBCONTRACTORS, SUPPLIERS AND OTHERS

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

I-12 BID FORM

I.12.1 The Bid Form and Bid Form Certification are located electronically on the PennBID website.

Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTION TO BIDDERS I - 6

RETTEW Project No.:0573903809

I.12.2 All blanks on the Bid Form must be filled in with the unit price for the item or the lump sum for which the Bid is made.

I.12.3 The Bid Form Certification must be completed and a copy of the executed document uploaded to the PennBID website as part of the bid.

I.12.4 Bids by corporations must be executed in the corporate name by the president or vice president, or other corporate officer accompanied by evidence of authority to sign, and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. An electronic copy must be submitted as part of the bid; upon request the Bidder shall submit the original document to the ENGINEER within two (2) business days.

I.12.5 Bids by partnerships must be executed in the partnership name and signed by a partner who has the authority to bind the partnership. The executing partner's title must appear under the signature and the official address of the partnership must be shown below the signature.

An electronic copy must be submitted as part of the bid; upon request the Bidder shall submit the original document to the ENGINEER within two (2) business days.

I.12.6 All names must be typed or printed in ink below the signature.

I.12.7 The Bid shall contain an acknowledgement of receipt by all Addenda, the numbers of which must be filled in on the Bid Form Certification.

I.12.8 The address and telephone number for communications regarding the Bid must be shown.

I.12.9 Evidence of authority to conduct business as an out-of-state corporation in the state where the work is to be performed shall be provided in accordance with Paragraph I-3 above, state contractor license number, if any, shall also be shown.

I-13 SUBMISSION OF BIDS

I.13.1 Bids shall be entered on the PennBID website prior to the time indicated in the Invitation to Bid.

I.13.2 No bids will be accepted if sent through any delivery system other than PennBID.

I.13.3 The following must be submitted on the PennBID website to constitute a complete bid:

Bid Form Certification, Bid Bond, Non-Collusion Affidavit, Public Works Employment Verification Form, and Worker’s Compensation Affidavit, and non-discrimination affidavit. Upon request, original copies of documents shall be submitted to Engineer within two (2) business days.

I.13.4 OWNER may consider informal any Bid not prepared and submitted in accordance with the provisions hereof.

I.13.5 Bidders are cautioned that it is the responsibility of each individual bidder to assure that their bid is uploaded to the PennBID website prior to the Bid Opening. OWNER is not responsible for bids delayed by disruption to internet connections of any nature.

Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTION TO BIDDERS I - 7

RETTEW Project No.:0573903809

I-14 MODIFICATION AND WITHDRAWAL OF BIDS

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

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

I-15 OPENING OF BIDS

I.15.1 Bids shall be available to the OWNER after the time indicated in the Invitation to Bid has passed.

I.15.2 Bids will be read aloud as indicated in the Invitation to Bid.

I.15.3 A Bid Tabulation will be available to bidders on the PennBID website by the next business day after the Bid Opening.

I-16 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

I.16.1 Bids shall remain open for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. The OWNER will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty-day extensions of the date for the award may be made by the mutual written consent of the OWNER and the apparent Successful Bidder.

I-17 AWARD OF CONTRACT

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

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

I.17.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work as to which the

Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTION TO BIDDERS I - 8

RETTEW Project No.:0573903809 identity of Subcontractors, Suppliers and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantee of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice to Award.

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

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

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

I-18 CONTRACT SECURITY

I.18.1 Paragraph 6.01 of the General Conditions and the Supplementary Conditions set forth OWNER'S requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required Performance and Payment Bonds.

I-19 SIGNING OF AGREEMENT

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

I-20 PRE-BID CONFERENCE

I.20.1 A pre-bid conference, if stated in the Invitation to Bid, will be held at the date and time noted in the Invitation to Bid. Representatives of OWNER and ENGINEER will be present to discuss the project. Bidders are strongly encouraged to attend and participate in any such conference. ENGINEER will transmit all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

I-21 SALES AND USE TAX

Upper Leacock Township, Lancaster County, PA

GENERAL INSTRUCTION TO BIDDERS I - 9

RETTEW Project No.:0573903809

I.21.1 OWNER may be exempt from certain sales or use taxes. CONTRACTOR shall verify the status of OWNER, and OWNER will supply CONTRACTOR with certain exemption certificates upon request and OWNER will execute exemption certificates presented by CONTRACTOR upon request.

I-22 RETAINAGE

I.22.1 Provisions concerning retainage and CONTRACTOR'S rights to deposit securities in lieu of retainage are set forth in the Agreement and the Supplementary Conditions.

I-23 NON-COLLUSION

I.23.1 All Bidders are required to complete a Non-Collusion Affidavit. This affidavit may be required on all projects involving public funding as provided in Section 7 of the Pennsylvania Anti-Bid-Rigging Act. The Non-Collusion Affidavit must be submitted with the Bid.

I-24 BID ALTERNATES

I.24.1 All Bidders are required to bid on all items in the bid form, regardless of whether being apart of the base bid or an alternate. The OWNER reserves the right to award any, all, or no alternates.

I.24.2 Eby Road and Stumptown Road are two distinct and separate alternates for the case of this contract. Each bridge repair will be its own lump sum alternate.

BID FORM CERTIFICATION BF - 1

RETTEW Project No.:0573903809

BID FORM CERTIFICATION

Project Identification: Eby & Stumptown Road Bridges Repairs Project Upper Leacock Township, Lancaster County, PA

RETTEW Project No.: 0573903809

Name of Bidder:

This Bid is submitted to: Upper Leacock Township

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

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

This Bid will remain subject to acceptance for 60 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER'S Notice of Award.

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

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

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

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

d. If applicable, Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) that have been identified in the Supplementary Conditions as referenced in Article 5 of the General Conditions.

Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to underground facilities at or contiguous to the site. Bidder has obtained and carefully

BID FORM CERTIFICATION BF - 2

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

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

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

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

h. This Bid is genuine and not made in the interest of or on the behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

4. Bidder will complete the Work in accordance with the Contract Documents for the price entered into the electronic Bid Form on the PennBID website, which is located under the “Bid” tab. The electronic Bid Form may be downloaded and printed for the Bidder’s use.

5. By entering unit prices into the electronic bid form, the Bidder is acknowledging that unit prices have been computed in accordance with Article 13 of the General Conditions.

Bidder acknowledges that quantities are not guaranteed and final payment for unit price work will be based on actual quantities.

6. It will be the OWNER’S discretion to accept the base bid or to include the alternate bids as a basis for determining the lowest bidder.

7. Use of the words “complete in-place” in the Schedule of Prices shall be understood to mean “complete in-place including all labor, materials, tools, equipment, excavation, restoration, and testing.” All items required for completion of the project but are not identified in the Bid Form shall be considered as incidental to the Work. No additional payment will be made for an incidental item or work.

8. The Bidder is hereby notified that where rock is encountered during excavation required to construct the proposed facilities shown on the drawings or as described in the specifications, the cost for removal of same shall be included in the bid price and CONTRACTOR shall be entitled to no extra compensation therefore.

BID FORM CERTIFICATION BF - 3

9. The unqualified right is reserved by the OWNER to select the manufacturers of the equipment if the Bidder fails to indicate the names of the manufacturers he proposes to furnish or indicates more than one manufacturer for a piece of equipment.

10. Where the BIDDER indicates more than one manufacturer, he shall also indicate and add or deduct amount, if any, from his Base Bid if the OWNER selects that manufacturer's equipment.

11. Alternate or unapproved substitute equipment shall not be considered in determining the Base Bid. The CONTRACTOR, if proposing to utilize alternate or substitute equipment specified, shall indicate the manufacturer and a deduct amount from his base bid if the OWNER selects the alternate equipment, or the substitute is approved.

12. Bidder agrees that the Work will be substantially completed on or before October 15, 2026, and the project shall be fully completed and ready for final payment by October 30, 2026.

13. The following documents must be uploaded to the PennBID website and are made a condition of this Bid:

a. Bid Form Certification

b. Bid Bond

c. Non-Collusion affidavit

d. Worker’s Compensation Affidavit

e. Public Works Employment Verification Form

f. Non-discrimination Affidavit

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

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

SUBMITTED on .

BID FORM CERTIFICATION BF - 4

If Bidder is:

An Individual

By: (SEAL)

(INDIVIDUAL’S NAME)

doing business as Business Address:

Phone No.:

A Partnership

By: (SEAL)

(FIRM’S NAME)

(GENERAL PARTNER)

Business Address:

Phone No.:

A Corporation

By: (SEAL)

(CORPORATION’S NAME)

(STATE OF INCORPORATION)

By: (SEAL)

(NAME OF PERSON AUTHORIZED TO SIGN)

(TITLE)

(Corporate Seal)

Attest:

(SECRETARY)

Business Address:

Phone No.:

A Joint Venture

BID FORM CERTIFICATION BF - 5

By: (SEAL)

(NAME)

(ADDRESS)

By: (SEAL)

(NAME)

(ADDRESS)

Phone 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.)

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

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

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name— Include Location):

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

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 of 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 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 the 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 the 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 of 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.

Upper Leacock Township, Lancaster County, PA

NON-COLLUSION AFFIDAVIT 1

RETTEW Project No.:0573903809

NON-COLLUSION AFFIDAVIT

State of PENNSYLVANIA:

County of :

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

I state that:

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

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

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

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

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

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

(Name of Public Entity)

(Name and Company Position)

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

Notary Public My Commission Expires: ________________________

* Involvement in this activity does not prohibit the from accepting this bid or (Name of Public Entity) awarding a contract; but this may be a ground for determining whether the should (Name of Public Entity)

Upper Leacock Township, Lancaster County, PA

NON-COLLUSION AFFIDAVIT 2

RETTEW Project No.:0573903809 decide to award a contract based on a lack of responsibility.

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

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

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

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

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

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

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

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

Upper Leacock Township, Lancaster County, PA

NOTICE OF AWARD 1

RETTEW Project No.:0573903809

NOTICE OF AWARD

Project No.: 0573903809

To: Date:

(CONTRACTOR)

Re: Eby & Stumptown Road Bridges Repairs Project

Upper Leacock Township

CONTRACTOR:

You are notified that your Bid dated ______ for the above Contract has been considered. You are the apparent Successful Bidder and the OWNER intends to award you a contract for the Swamp Bridge Road Bridge Replacement Project.

The Contract Price of the project is _____________________________________________________

You are required by the Instructions to Bidders and the General Conditions to execute the Agreement with OWNER within 15 days after receipt of this Notice of Award by you. Three (3) copies are enclosed for your use, three (3) of which are to be executed and returned.

If you fail to execute the Agreement within 15 days after receipt of this Notice of Award, OWNER will be entitled to consider all your rights arising out of the acceptance of your Bid by OWNER as abandoned, including forfeiture of Bid Security, and to award Work covered by your Bid to another, or to re-advertise the Work or otherwise dispose thereof as OWNER may determine.

Please return an accepted copy of this Notice of Award together with three (3) executed copies of the Agreement, required Contract Security (Bonds), Insurance Certificates, and other documentation (as may be required) to the attention of the undersigned. OWNER will not enter into the Agreement until the required bonds and insurance are received, reviewed and approved, and CONTRACTOR has properly executed the Agreement and delivered it to OWNER.

ACCEPTANCE OF NOTICE

Receipt of this Notice of Award is hereby acknowledged this day of

By: For: Upper Leacock Township

Title: By:

RETTEW Associates, Inc.

(CONTRACTOR) 3020 Columbia Avenue

Lancaster, PA 17603

Upper Leacock Township, Lancaster County, PA

AGREEMENT A-1

RETTEW Project No.:0573903809

AGREEMENT

This Agreement is dated as of the day of in the year 2026 by and between Upper Leacock 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

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. A list of all Contract Documents is provided in Article 8.

Article 2. ENGINEER

The project has been designed by RETTEW Associates, Inc., 3020 Columbia Avenue, Lancaster, PA 17603, 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 Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIME

3.1 The Work shall be substantially completed on or before October 30, 2026, and the project shall be fully completed and ready for final payment in…