Date: Prepared 04-22-26

MS-944 03-07

DISTRICT 5-0

PROPOSAL & CONTRACT (THIS PROPOSAL INCLUDES

(WHEN EXECUTED) INSTRUCTIONS TO BIDDERS)

A. DEPOSIT OF PROPOSALS.

Bid Proposals for the 2026 Road Improvements Municipality Name and Type Telephone No.

shall be accepted on the PennBid Site Weissport Borough for Letting of May 27, 2026”

Date Kevin Zelienka_______________________________

Treasurer

Sealed Proposals will be received on or before

1:00 p.m. on May 27, 2026 at which time they 440 Allen Street_______________________________ will be opened and read at approximately Address

7:00 p.m. on June 1, 2026 at the Borough

Council’s work session

Bids will be presented to the Borough Council for Weissport, PA 18235_______________________________ action at approximately 7:00 p.m., on June 1, 2026 Proposals must be mailed or otherwise

Time and Date delivered to the above address

1. The contractor proposes to furnish and deliver all materials (including Form CS-4171, Certificate of Compliance, CS-4171B Bituminous Mixture Certificate of Compliance or other form pre-approved by PennDOT) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and specifications on file at the Weissport Borough Municipal Building at the above address, as well as the supplements and special requirements contained herein and/or attached hereto and current PennDOT specifications

(Publication 408), bidders need to be prequalified by PennDOT (Sec. 102.01).

2. If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed. Or as otherwise provided in the special requirements and will complete all work on or before October 31, 2026. If all work is not completed on time, liquidated damages will be assessed at the rate of $885.00 per additional calendar day.

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

B. PROPOSAL OF: _____________________________________________________________________________ Name of Contractor

Address

CONTRACTOR’S CERTIFICATION

It is hereby certified as follows:

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

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

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

4. All plans and specifications referred to above and the site of the work have been examined by the contractor.

The contractor understands that the quantities indicated herein are approximate and are subject to change as may be required; and that all work is payable on the basis of the unit prices listed on the Schedule of Prices (Attachment 1).

employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

5. The contractor will comply with all requirements of the laws and implementing regulations of the Commonwealth of

Pennsylvania and the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

6. The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contractor in accordance with the plans, specifications and conditions thereof, and a payment bond conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, in accordance with the

Public Work’s Contractors’ Bond Law of 1967; and an affidavit accepting the provisions of the Workmen’s Compensation

Act of 1915, as amended.

7. “The parties agree that the relationship between the Contractor and the Municipality is one of independent contractor and not the employer/employee and that the individual employees of the Contractor who will be performing the work pursuant to this contract are not employees of the Municipality. Contractor hereby certifies, represents and warrants to the Municipality that all persons performing any aspect of the work pursuant to this Contract who are required to have commercial driver’s license are subject to a program for drug and alcohol testing in accordance with the Omnibus Transportation Employee

Testing Act of 1991 and the federal regulations adopted pursuant thereto.”

Contractor

WITNESSED OR ATTESTED BY:

BY:______________________________________

Title (Seal)

Title

SEAL

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

ACCEPTED ON:_______________________________________

Date

Municipality

ATTESTED BY:

________________________________________ BY:_______________________________________ Title Title

SEAL

County: Carbon Municipality: Weissport Borough Project No.: WPB26-14

ATTACHMENT #1

T

H

IS

P O

R T

IO

N

T O

B E

C O

M P

L E

T

D

Y

T H

E M

U N

IC

IP

A L

IT

LOCATION OF WORK:

As indicated below and in Attachments 1-A and 1-B

DESCRIPTION OF WORK:

ESCALATOR CLAUSE: (If adopted by the Municipality)

Contract contains an Escalator Clause for quantities of bituminous material of less than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. PennDOT Pub. 408, Section

110.04 will apply to quantities of bituminous materials greater than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. (See Attachment 1-A for more information)

SCHEDULE OF PRICES

1.

Item

No.

2.

Approximate

Quantities

3.

Units

4.

*Description

5.

Unit

Price

6.

Total

1.

a.

b.

c.

2,694

SY

TON

BASE BID

White Street – Forge Street to Lime Street

(485’x50’)

Milling of Bituminous Surfaces, 2" Depth, Full Width, including

Intersections, Inlets, and Select Areas

Superpave WMA Mixture Design, 9.5mm Scratch/Leveling

Course, PG 64-22S, 0.0 to 0.3 Million ESALs, SRL-L, 60lbs per

SY (81 TON).

Superpave WMA Mixture Design, 9.5mm Wearing Course, PG

64-22S, 0.0 to 0.3 Million ESALs, SRL-L, 1.5 inch depth (243

TON)

*DESCRIPTION

Must include ADT on Wearing surfaces.

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st and OCTOBER 31st EXCEPT

AS NOTED IN BULLETIN NO. 25.

BASE BID SUBTOTAL

SUBTOTAL(S) FROM OTHER

ATTACHMENT(S)

TOTAL AMOUNT OF BID

H

IS

P O

R T

IO

N

T O

M P

L E

T

T H

E M

U N

IC

IP

A L

ESCALATOR CLAUSE: (If adopted by the Municipality)

Contract contains an Escalator Clause for quantities of bituminous material of less than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. PennDOT Pub. 408, Section

110.04 will apply to quantities of bituminous materials greater than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. (See Attachment 1-A for more information)

SCHEDULE OF PRICES

1.

Item

No.

2.

Approximate

Quantities

3.

Units

4.

*Description

5.

Unit

Price

ALT1

2,639

ADD ALTERNATE(S)

ALTERNATE 1: White Street – Lime Street to Mill Street

(475’x50’)

TON)

USE OF CUTBACK ASPHALT IS PROHIBITED

ALTERNATIVE 1 SUBTOTAL

H

IS

P O

R T

IO

N

T O

M P

L E

T

T H

E M

U N

IC

IP

A L

ESCALATOR CLAUSE: (If adopted by the Municipality)

Contract contains an Escalator Clause for quantities of bituminous material of less than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. PennDOT Pub. 408, Section

110.04 will apply to quantities of bituminous materials greater than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. (See Attachment 1-A for more information)

SCHEDULE OF PRICES

1.

Item

No.

2.

Approximate

Quantities

3.

Units

4.

*Description

5.

Unit

Price

ALT2

2,306

ADD ALTERNATE(S)

ALTERNATE 2: White Street – Park Street to Forge Street

(415’x50’)

TON)

USE OF CUTBACK ASPHALT IS PROHIBITED

ALTERNATIVE 2 SUBTOTAL

H

IS

P

O R

T

IO

N T

O

M P

L E

T

T H

E M

U N

IC

IP

A L

ESCALATOR CLAUSE: (If adopted by the Municipality)

Contract contains an Escalator Clause for quantities of bituminous material of less than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. PennDOT Pub. 408, Section

110.04 will apply to quantities of bituminous materials greater than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. (See Attachment 1-A for more information)

SCHEDULE OF PRICES

1.

Item

No.

2.

Approximate

Quantities

3.

Units

4.

*Description

5.

Unit

Price

OPT1

OPT2

OPT3

OPT4

EA

LF

OPTIONAL/AS-NEEDED ITEMS

ADA Ramp, Curb Depression, and Sidewalk, complete in place

Select Pavement Base Repair: Excavate, 6” 2A Aggregate

Subbase, 5” Superpave WMA Mixture Design, 25mm Base

Course, PG 64-22S, 0.0 to 0.3 Million ESALs to existing pavement surface

Crack Cleaning and Sealing

Additional Superpave WMA Mixture Design, 9.5mm

Scratch/Leveling Course, PG 64-22S, 0.0 to 0.3 Million

ESALs, SRL-L

USE OF CUTBACK ASPHALT IS PROHIBITED

OPTIONAL/AS-NEEDED

SUBTOTAL

Attachment 1-A

SPECIFICATIONS AND SPECIAL PROVISIONS TO CONTRACT MS-944

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and subcontractors must comply with all of the following provisions:

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

- The Contractor may close roads were practical and must provide all road closed and detour signs as per Pub. 213, any road closures must be preapproved by the Municipality.

- A Pre-Bid meeting is not scheduled for this project.

- A pre-construction meeting will be mandatory, and the Contractor’s onsite paving foreman must attend. The Contractor will schedule this meeting with the Municipality at least 5 calendar days prior to the start of the project.

- The Contractor shall notify the Municipality 5 calendar days prior to the start of the project.

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

- Contractor to provide design, which meets PENNDOT Specifications Form 408 to the municipality 5 days prior to start of work.

- Delivery tickets required for all materials; Bituminous Delivery tickets must contain the Job Mix Number (CAMMS No.)

from the appropriate bituminous design.

- CS-4171 or CS-4171B Certificate of Compliance required for all materials and Bituminous Material Certifications must contain the Job Mix Number (CAMMS No.) from the appropriate bituminous design.

- Tack Coat required per Section 460 of PennDOT Specifications Form 408 and is incidental to the paving.

- Bituminous Seal on all abutting pavement and curbs is required and is incidental to paving item.

- Saw cut or milled Paving notches are required and are incidental to paving item unless noted otherwise.

- Milling of driveway notches are to be done as directed and in a fashion that maintains the shoulder slope and provides a smooth transition from the driveways to the shoulder.

- The bidder will supply all utility risers.

- Roadway to be power broomed by the Contractor prior to start of project.

- Municipality will inspect the project.

- Contractor must complete and submit CS-1PA, Price Adjustment of Bituminous Material if applicable.

- Municipality reserves the right to limit work completed.

- Completion of NON-COLLUSION AFFIDAVIT required.

- Incidental preparation and clean up required. Project Construction Materials to be removed and properly disposed of by the Contractor

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

- Bidders can either be a PENNDOT Pre-Qualified Prime or PENNDOT Pre-Qualified Sub-Contractor and proof of pre-qualification is required. Bidders need to be PennDOT pre-qualified for Work Class Code “F” Bituminous

Paving.

- Complete all bituminous testing in accordance with PennDOT Specifications Form 408 Section 413.

- Future award of Contracts will be based on quality of work as determined by the Municipality.

- Work schedule must be coordinated with the Municipality and all work must be completed on or before

October 31, 2026. After October 31, 2026, Liquidated Damages apply at the rate of $885.00 per calendar day.

- Contractor to supply proof of CDL Drug and Alcohol Compliance upon award of the bid.

- The successful bidder must provide a 100% Performance Bond and a 100% Payment Bond within 20 days of the award of the contract.

- Final Completion Certificate; “MS-NCP Notice of Completion” is required at the completion of the project.

Attachment 1-A (Continued)

Award of the Contract Bid Items

The Municipal intends to award the contract to one bidder; bidders need to bid on all items and Bidders must bid on documents provided by the Municipality. The Municipality intends to award the contract on the basis of a Base Bid which includes all the sub-items under the Base Bid (Items 1a., 1b. and 1c) or the Base Bid and/or all or some of the sub-items under the Alternate(s) (Alt1 and/or Alt2) and Optional/As-Needed (Opt1, Opt2, Opt3, and/or Opt4). The Municipality reserves the right to accept or reject any and or all proposals or portions thereof, and to delete projects and or portions of the project depending on budgetary constraints.

Instructions to Bidders regarding the bidding documents;

The Bidders are to thoroughly review the bid document before submitting their bids, the Newspaper Advertisement is part of the bid documents. Any questions regarding the bid documents are to be presented and received by the Municipal Secretary in writing either by mail or e-mail a minimum of 3 working days before the date that the Municipality sets to receive bids. A working day is Monday through Friday from 8:00 am to 3:00 pm, Saturday’s and Sundays are not considered working days in regard to the submittal of questions. Any verbal questions must be followed up with a written request.

All Bidders are to return the following documents as part of their bid submission (failure to provide the required documentation will result in the rejection of the bid):

- Bid Document pages 1 through 11 with bidder information completed on page 1, Unit Prices and Totals completed on pages 3 through 6 and signatures areas completed on pages 2 and 11.

- A Bid Bond in the amount of 10% of the total bid.

- Anti-Collusion Affidavit, see page 16 of the bid package.

- Proof of PennDOT Prequalification for the Work Class Codes indicated in the bid documents on Page 7.

Upon review of bids by the Municipality a notice of award will be issued and the successful bidder will be required to provide the following additions documentation within 20 calendar days and before any work can begin:

- Performance Bond in the amount of 100% of the amount of the awarded contract.

- Payment Bond in the amount of 100% of the amount of the awarded contract.

- Completed “Affidavit RE Accepting Provisions of the Workmen’s Compensation Act Form”, see page 15 of the bid package.

- Completed Commonwealth of Pennsylvania Public Works Employment Verification Form, see page 18 of the bid package.

- Certificate of Insurance naming the Municipality as an additionally insured party on the policy, see pages 8 and 19 of the bid package.

- Proof of Participation or a statement of participation, indicating the Testing Company, in a CDL Drug and Alcohol

Compliance testing program as outlined on page 10 or by completing the “Contractors Statement of Compliance with

CDL Testing Program Requirements” on page 22.

Completion and Scheduling of Work

If designated as the successful bidder, the Contractor cannot begin work before June 16, 2026, unless other arrangements are made with the Municipality and all work must be completed by October 31, 2026. Some of the roads may be used as bus routes, if the Contractor is performing work while school is in session the Contractor will be required to contact the School

District and provide the School District with a list of work locations and dates and make provisions to accommodate for bus usage of the roads.

Insurance Requirements

The awarded contractor shall purchase and maintain, at its expense, during the term of this contract and any renewals or extensions thereof, insurance issued by companies acceptable to the Municipalities. See the “Insurance Requirement”

Attachment. The Bidder will provide the Municipality named in this contract with a copy of the insurance binder.

Weissport Borough and Hanover Engineering Associates, Inc. MUST be named as additional insured on the policy.

Price Adjustment of Bituminous Materials (Escalator Clause)

This contract contains an escalator clause for the Price Adjustment of Bituminous Materials for small quantities. See the attached Resolution. A small quantity is a contract that uses or indicates for placement 100 tons or less of asphalt cement based on the actual mix designs or material specifications for the materials incorporated into the project. If the bituminous materials incorporated into this project exceed the 100 ton threshold then a bituminous price adjustment will be allowed as per PennDOT Specifications Form 408, Current Edition, Section 110.04 Price Adjustment of Bituminous Materials. If the bituminous material incorporates RAP in the mix design the 100 ton limit and the bituminous price adjustment will only be calculated on the virgin asphalt. The Base Bid Price Index (IB) will be calculated using the month in which the project is first advertised, and the work is in the applicable Zone. The Bidder will be responsible for completing a CS-1PA Price

Adjustment of Bituminous Materials calculation form if applicable. The bidder will provide this form with the invoices and the invoices will show the per ton or per SY price in the bid and the lump sum price increase or decrease supported with CS-

1PA calculation form. The bidder shall also supply the Municipality with a copy of the bituminous mix design for each material supplied with the initial CS-1PA form or if the bituminous mix design changes. Prior to the start of the work the bidder shall provide the Municipality with a per ton or per SY calculation of the bituminous price adjustment.

Pennsylvania Prevailing Wages

PA Prevailing Wages Apply to Liquid Fuels funded Road Construction Contracts where the estimated cost of the work is more than One Hundred ($100,000.00) Thousand Dollars. It is the intent of the Municipality’s Award of this Contract to not exceed this $100,000.00 threshold. If after the award of this contract the Contractor’s final construction cost exceeds

$100,000.00 the Municipality will apply for PA Prevailing Wage Rates and the Contractor will be responsible for paying those wage rates.

Public Works Employment Verification Act

General. In accordance with Act 127 of 2012, known as the Public Works Employment Verification Act (“the Act”), effective January 1, 2013, 43 P.S. §§167.1-167.11, the Contractor shall use the Federal Government’s E-Verify system to ensure that all employees performing work on the project, including subcontractor’s employees, are authorized to work in the

United States.

Verification Form. The Contractor shall verify the employment eligibility of each new employee hired after January 1, 2013 and submit the Commonwealth Public Works Employment Verification Form (“Form”) included in the bid package attachments to the Municipality.

Contractor. Mail the Form, signed by an authorized representative of the Contractor to the Municipality along with the

Performance and Payment Bonds as specified by the contract documents. Failure or refusal to provide the Form will be considered a refusal to comply with bidding requirements, will result in rejection of the bid, and may subject the Contractor to the enforcement activities, sanctions and civil penalties specified in the Act.

Subcontractor. The Prime Contractor will obtain a Form signed by an authorized representative of any subcontractor performing work on the project, possessing sufficient knowledge to make the representations and certifications on the Form.

The Prime Contractor shall submit the Form to the Municipality prior to requesting subcontractor approval and before the subcontractor performs any work. Failure or refusal to provide the Form will be considered a refusal to comply with subcontractor approval requirements, will result in rejection of the subcontractor request, and may subject the subcontractor to the enforcement activities, sanctions and civil penalties specified in the Act.

The Prime Contractor shall include information about the requirements of the Act in all subcontracts.

Department of General Services. The Department of General Services is the Commonwealth agency responsible for enforcement and administration of the Act. Please direct questions about the Act to:

Department of General Services Public Works

Employment Verification Compliance Office

Room 105 Tent Building

18th and Herr Streets

Harrisburg, PA 17125

Fax: 717-214-3669

CDL Drug and Alcohol Testing Certificate The Contractor will be responsible for providing the Municipality with a completed “Contractor Statement of Compliance with CDL Testing Program Requirements” Form on Page 22 or their own CDL Drug and Alcohol Testing Certificate for any

Contractor or Sub-Contractor working on the job performing work which requires a Commercial Driver’s License.

PA One Call

There may be Utilities located under some of the roads scheduled for work under this contract. The successful bidder will be responsible for making a PA One Call as deemed necessary and coordinating his work with any Utility Location Work.

GENERAL DESCRIPTION OF WORK

Bituminous Paving

- Complete all testing in accordance with PENNDOT Specifications Form 408 current edition.

- Tack Coat is required per Section 460 of PennDOT Specifications Form 408 and is incidental to paving.

- Bituminous sealing of all abutting pavement and curbs are required and are incidental to paving.

- Saw cut or milled paving notch required and are incidental to paving.

- Milling of driveway notches are to be done as directed and in a fashion that maintains the shoulder slope and provides a smooth transition from the driveways to the shoulder and are incidental to paving.

- Contractor to provide PennDOT approved bituminous mix design which meets PennDOT Specifications Form 408 to the

Municipality 5 days prior to the start of work.

- Delivery tickets are required for all materials; Bituminous Delivery tickets must contain the Job Mix Number from the appropriate bituminous design.

- CS-4171 Certificate of Compliance or CS-4171B Certificate of Compliance for Daily Bituminous Mixtures are required for all materials and Bituminous Material Certifications must contain the Job Mix Number (CAMMS No.) from the appropriate bituminous design.

- The final cross-section for roadways shall have a uniform crown of ¼ inch per foot, subject to the tolerances of

PennDOT Specifications Form 408, except where super-elevated or where otherwise directed.

- Any required utility risers will be provided by the Municipality and placed by the Contractor during the paving operation.

Milling General Requirements

The Contractor is to mill roads as directed. Milling includes milling of paving notches at drives and approaches and around utilities as directed. This milling is incidental to the paving unless otherwise noted. The milled material is the property of the Municipality, and the Municipality will provide the Contractor with a site located within the Municipality and the

Contractor will deliver the milled material to that site. The Municipality will be responsible for following the Reclaimed

Asphalt Pavement (RAP) Industry-Wide Co-products Determination for the storage and use of the RAP Materials. The above-described milling will be included in the per ton price of the paving material. Milling other than indicated above may be designated as a pay item and if so, it will be paid by the Square Yard.

Milling of Paving Notches and Driveways

If a street is not full width milled the street shall have a 6’ wide by 1 ½” to 0” depth milled paving notch at the starting and ending point of all paving segments and at existing paved roadways (cross streets). If directed the Contractor shall taper mill at driveways including starting 5’ before and ending 5’ after the driveway. This milling is incidental to the paving unless otherwise provided for in the bid documents.

2” Depth Milling for Item #1 White Street between Lime Street and Forge Street

In addition to the miscellaneous milling of pavement notches and at drives and approaches, which is incidental to the paving, the Contractor shall mill the additional following areas as directed on White Street: an area 485’x10’ on White Streat starting at Lime Street extending northwest for 485’ to Forge Street including around the existing inlets. This milling will be paid for by the Square Yard.

9.5mm Scratch/Leveling Course

The scope of the work is to construct a paver laid Scratch/Leveling Course using Superpave Asphalt Mix Design, WMA

Scratch/Leveling Course, PG 64-22S, <0.3 Million ESAL’s, 9.5mm Mix Design, SRL-L, 60lbs per SY over an existing

Bituminous Roadway or newly placed 25.0mm Base Course. Placement includes miscellaneous road preparation, milling of pavement notches and milling of driveways (milling to include removal and hauling of the milled material to a site designated by the Municipality) this work is incidental to the paving unless otherwise noted, tack coating as per PennDOT

Pub. 408, Section 460, and sealing of joints and utilities with PG 64S-22 asphalt material. The above indicated work is incidental to the per ton paving price. The Contractor may be required to place rolled bituminous curb during the paving operation, this item if required will also be incidental to the paving. The Contractor will supply any required utility risers which are to be installed by the Contractor during the paving operations. The Contractor will seal all joints, curb lines and utilities with PG 64S-22 Asphalt Cement. This item of work is to be paid by the Ton

9.5mm Wearing Course

The scope of the work is to construct a paver laid Bituminous Wearing Course using Superpave Asphalt Mix Design, WMA Wearing Course, PG 64-22S, <0.3 Million ESAL’s, 9.5mm Mix Design, SRL-L, 1 ½” Compacted Depth over an existing Bituminous Roadway or newly placed 25.0mm Base Course. Placement includes miscellaneous road preparation, milling of pavement notches and milling of driveways (milling to include removal and hauling of the milled material to a site designated by the Municipality) this work is incidental to the paving unless otherwise noted, tack coating as per PennDOT

Pub. 408, Section 460, and sealing of joints and utilities with PG 64S-22 asphalt material. The above indicated work is incidental to the per ton paving price. The Contractor may be required to place rolled bituminous curb during the paving operation, this item if required will also be incidental to the paving. The Contractor will supply any required utility risers which are to be installed by the Contractor during the paving operations. The Contractor will seal all joints, curb lines and utilities with PG 64S-22 Asphalt Cement. This item of work is to be paid by the Ton.

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

Contractor’s Representative Date Municipality’s Representative Date

Company Municipality

MS-944

PROPOSAL AND CONTRACT INSTRUCTIONS – FORM 944

1. The proposal must be typewritten or printed.

2. If more than one proposal on any project is submitted by any individual, firm or partnership, corporation or association under the same names, only one lowest proposal will be considered.

3. Description of work------

A. If additional space is needed, insert appropriately numbered attachment and note “Continued on

Attachment No. __________________________.”

B. Where Wearing Surfaces are a part of this Contract, Average Daily Traffic (ADT) Count or SRL determination must be included in the description.

4. Part A of Page 1 to be completed by municipality. Part B of Page 1 to be completed by contractor. Schedule of

Prices – Column #1 (Item), #2 (Approximate Quantities), #3 (Unit, i.e., ton, square yard, linear feet, etc.) and #4

(Description, i.e., bituminous materials – 9.5 mm S & L, 12.5 mm Wearing, 25.0 mm Base Course, etc.) must be filled in by the municipality to insure equitable bidding. Column #5 (Unit Price), #6 (Total), and total amount of bid must be filled in by the contractor. If more space is needed, add note at bottom of the page: Continued on

Attachment No. 1-A,” and add additional sheet designated as Attachment No. 1-A, 1-B, etc. Repeat for each additional sheet required.

5. If liquidated damages are to be assessed, add the following sentence to Part A #2. “If all work is not completed on time, liquidated damages will be assessed at the rate of $ _____________885.00______________per additional working day.” (OR”…as set forth in the attached schedule.”)

6. Payment and Performance bonds are provided only by the successful bidder. Contracts in Second Class Townships -

Performance Bond for Contracts up to $10,000.00 must be not less than 10% or greater than 100% of amount of the contract to be determined by the governing body. Performance Bonds for contracts of $10,000 or more require a bond in the amount of 100% of the amount of the contract. Payment Bonds for contracts greater than $5,000.00 must be 100% of the amount of the contract. Contracts in First Class Townships, Boroughs and Third Class Cities -

Performance Bond for contracts up to $10,000.00 are at the discretion of the governing body and must be not less than 10% or greater than 100% of the amount of the contract. Performance Bonds for contracts of $10,000 or more require a bond in the amount of 100% of the amount of the contract. Payment Bonds for contracts between $1,500.00 and $10,000.00 must be not less than 50% or greater than 100% of the amount of the contract to be determined by the governing body. Payment Bonds for contracts greater than $10,000.00 must be 100% of the amount of the contract.

Bond Forms MS-944 Attachments 2 and 3 and Workmen’s Compensation Affidavit - Attachment 4 must be submitted by the successful bidder within 20 days of the contract award. Failure to submit the bonds shall constitute grounds to cancel the contract.

7. *Road Construction projects funded with Liquid Fuels Funds and/or Municipal General Funds, where the estimated cost of the total project exceeds $100,000 are subject to the provisions of the Pennsylvania Prevailing Wage Act 442 and as amended by Act 89 of 2013. It is the responsibility of the municipality to obtain the Prevailing Wage Scale for the area and include it in the proposal. If the Prevailing Wage Act applies, this fact shall be noted in the advertisement.

On projects utilizing Federal revenue Sharing Funds, if the project cost exceeds $2,000 and is financed with 25% or more Federal Revenue Sharing Funds, the Davis Bacon Act applies. It is the responsibility of the municipality to obtain the Davis Bacon Wage Rates, include them in the proposal and note the fact in the advertisement. If both Acts are applicable, the Davis Bacon Act has preference over the Pennsylvania Prevailing Wage Act.

8. An ESCALATOR CLAUSE is optional; however, if used, it must be included n the proposal prepared by the municipality. An escalator clause may not be inserted by the contractor.

*(1961, Aug. 15, P.L. 987; 43 P.S. 165)

MS-944 (02-01) PERFORMANCE BOND Attachment 2 (REPRODUCE LOCALLY) (With Corporate Surety)

KNOW ALL MEN BY THESE PRESENTS, that we, _______________________________________________

(NAME AND ADDRESS OF CONTRACTOR)

as Principal and ____________________________________________________________________________________

(SURETY COMPANY)

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

(NAME OF STATE)

are held and firmly bound unto ____________________________________________________ . In the full and just sum of _________________________________________________________ ($ _____________________________) dollars lawful money of the United States of America, to be paid to the above Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

NOW, THEREFORE, the condition of this obligations such that if the bounden Principal, as Contractor, shall in all respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and shall well and truly, and in a manner satisfactory to the Municipality fulfill all obligations as therein set forth, then this

Obligation shall be void, but otherwise the same shall be and remain in full force, virtue and effect.

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

Surety of any such alteration or forbearance being hereby waived.

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

(DATE OF BOND)

SEAL Attest / Witness CONTRACTOR

_____________________________________ BY:___________________________________________________

TITLE TITLE

SEAL Attest / Witness ___________________________________________________

SURETY COMPANY

____________________________________ BY:____________________________________________________

TITLE TITLE

MS-944 PAYMENT BOND Attachment 3

KNOW ALL MEN BY THESE PRESENTS, that we, _______________________________________________ of _____________________________________, as PRINCIPAL and ________________________________________ corporation incorporated under the laws of the State of _______________________________________as SURETY, are held and firmly bond unto the ___________________________________________________, in the full and just sum of

____________________________________________ ($ _____________________) dollars, lawful money of the United

States of America, to be paid to the said __________________ or its assigns, to which payment well and true to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above municipality, hereinafter called

Obligee, bearing even date herewith, for the improvement of a certain section of highway or bridge in said Municipality consisting of: ___________________________________________________________________________ for approximately the sum of ____________________________________________ ($ _________________) dollars.

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

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

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

It is further provided that any alterations which may be made in the terms of the contract or in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving by the Obligee of any extension or forbearance being hereby waived.

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

_______________________________________Day of _________________________________, 20 ___________.

WITNESS:

CONTRACTOR

_____________________________________________________ BY:_______________________________________________

TITLE TITLE

WITNESS:

SURETY COMPANY

______________________________________ BY: ______________________________________________

TITLE TITLE

MS-944 Attachment 4

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

State of )

)SS:

County of ) he has

Being duly sworn according to law deposes and says that they have it accepted the provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and have insured their liability hereunder in it accordance with the terms of said

Act with _________________________________________________________________________________________

(SURETY COMPANY)

(TYPE OR PRINT) CONTRACTOR

BY: ______________________________________

SIGNATURE

Sworn to and subscribed before me this ________________________________________________________ day of

_______________________________________A.D. 20 ____________

My Commission Expires ___________________________

(DATE)

D-7126 ( 6-99 )

ANTI-COLLUSION AFFIDAVIT

County Carbon

Municipality Weissport Borough

Project Number WPB26-14

State of Fed. Project No.

( If Applicable )

County of

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

(Contractor)

BY

Sworn to and subscribed before me the undersigned notary public this day of , .

Notary Public

My Commission expires

MS-NCP

MUNICIPALITY Weissport Borough

NOTICE OF COMPLETION

IN REFERENCE TO PROJECT # WPB26-14

Name of Contractor _____________________________________________________

Performance of work as specified on the above numbered contract is completed and final pavement inspection has been made by the contractor and municipality in accordance with the terms of the contract awarded.

DATE OF AWARD: ____________________

Signature of Municipality

Signature of Contractor

Both copies of this form to be filled by the Contractor-Municipality on completion of final pavement restoration.

THIS PORTION TO BE COMPLETED BY MUNICIPALITY

FINAL COMPLETION CERTIFICATE

By the affixing of my signature I hereby certify that final inspection has been made and all work has been performed in accordance with the above contract # and is hereby accepted by the municipality as completed.

Authorized Agent for the Municipality

*DATE: _______________

* The Bidder is responsible for maintenance of permanent pavement repairs for a period of one year from this date.

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date__________________

Business or Organization Name (Employer) _________________________________________________

Address ______________________________________________________________________________

City ___________________________________ State ___________________ Zip Code _____________

____ Contractor ____ Subcontractor (Check One)

Contracting Public Body: _______________________________________________________________

Contract/Project No.: __________________________________________________________________

Project Description: ___________________________________________________________________

Project Location: _____________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act

(‘the Act’) through utilization of the federal E‐Verify Program (EVP) operated by the United States

Department of Homeland Security. To the best of my/our knowledge, all employees hired post

January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, _________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

INSURANCE REQUIREMENTS

The awarded Contractor shall purchase and maintain, at its expense, during the term of this contract and any renewals or extensions thereof, the following types of insurance issued by companies acceptable to the

Municipality.

1. Workmen’s compensation insurance sufficient to cover all of the employees of the contractor working to perform this contract, as required by the laws of the Commonwealth.

2. Comprehensive general liability insurance, property damage insurance, and where appropriate automobile liability insurance. The minimum amount of coverage shall be $250,000.00 per person and $1,000,000.00 per occurrence for bodily injury, including death and $250,000.00 per person and $1,000,000.00 per occurrence for property damage.

These coverages shall be occurrence-based. The policy shall name the Municipality as an additional insured and shall contain a provision that the coverages afforded thereunder shall not be cancelled or changed unless at least thirty (30) days prior written notice has been given to the Municipality.

Prior to the commencement of work, the Contractor shall provide the Municipality with a current certificate(s) of insurance showing the required coverages and provisions.

3. Your attention is directed to the hold harmless and indemnification provision:

“The Contractor shall hold the Municipality harmless from any indemnify the Municipality against any and all claims, demands, and actions based upon or arising out of any activities performed by the Contractor and its employees and agents under this Contract and shall, at the request of the Municipality, defend any and all actions brought against the Municipality based upon any such claims or demands.”

CS-1PA PRICE ADJUSTMENT OF BITUMINOUS MATERIAL Project. NO. WPB26-14

REV(10-00) (ENGLISH) PAGE NO.

ATTACH

SR / SEC.

ITEM NO.: MONTH PLACED:

GALLON TON SQ.YARD

IP = PRICE INDEX FOR MONTH MATERIAL WAS PLACED =

IB = PRICE INDEX IN THE BID PROPOSAL =

IP / IB =

WHEN THE RATIO IP/IB FALLS WITHIN THE RANGE OF 0.90 TO 1.10 NO PRICE ADJUSTMENT IS

NEEDED

WHEN THE RATIO IP/1B IS CALCULATED TO BE LESS THAN 0.90 , THE DEPT. WILL RECEIVE A PRICE REBATE WHEN THE RATIO IP/IB IS CALCULATED TO BE GREATER THAN 1.10 , THE CONTRACTOR WILL RECEIVE A PRICE INCREASE

MATERIAL PLACED:

DATE GALLON DATE TON DATE SQ.YARD

TOTAL TOTAL TOTAL

GALLON BASIS:

BITUMINOUS TONNAGE (Q) = 0.004164 x SPEC.GRAV. OF BIT. MAT. x % ASPHALT IN EMULSION x NO. OF GALLONS

SPECIFIC GRAVITY OF BIT. MAT. = NO. OF GALLONS =

% ASPHALT IN EMULSION =

Q =

GALLONS PER SQUARE YARD BASIS:

BITUMINOUS TONNAGE (Q) = 0.004164 x AREA (SY) x APPL. RATE (Gallons / SY) x SPEC.GRAV. OF BIT.MAT.

ACTUAL RESIDUE APPL. RATE = SURFACE AREA =

SPECIFIC GRAVITY OF BIT. MAT. =

Q =

SQUARE YARD BASIS:

BIT. MIX. TONNAGE PLACED = 0.000375 x AREA (SY) x DESIGN DEPTH (inches) x DESIGN DENSITY ( lb / ft3)

DESIGN DEPTH = SURFACE AREA =

DESIGN DENSITY* =

BIT. MIX. TONNAGE PLACED =

BITUMEN TONNAGE (Q) = BIT. MIXTURE TONNAGE PLACED x % BITUMEN BY WEIGHT

% BITUMEN BY WEIGHT* =

Q =

*DESIGN DENSITY AND % BITUMEN TO BE OBTAINED FROM FORM TR-448A. DENSITY OF WATER = 62.4 lb / ft3.

TONNAGE BASIS:

BITUMEN TONNAGE (Q) = BIT. MIXTURE TONNAGE PLACED x % BITUMEN BY WEIGHT

% BITUMEN BY WEIGHT* = BIT. MIXTURE TONNAGE =

Q =

*% BITUMEN TO BE OBTAINED FROM FORM TR-448A.

PRICE INCREASE = ( IP / IB - 1.10 ) x BITUMEN TONNAGE (Q) x IB

= ( - 1.10) x ( ) x ( ) =

PRICE REBATE = ( 0.90 - IP / IB ) x BITUMEN TONNAGE (Q) x IB

= (0.90 - ) x ( ) x ( ) =

RESOLUTION NO. __________________

Duly Adopted

PRICE ADJUSTMENT OF BITUMINOUS MATERIALS FOR SMALL QUANTITIES

Whereas, the _________________________________________, ____________________________ County

(Name of Governing Body)

Will allow an escalator clause for bituminous material to be included as part of the Proposal. The escalator clause will follow Pennsylvania Department of Transportation Publication 408 current edition Section 110.04 with the following exceptions:

1. Section 110.04(a): Delete “100 tons of asphalt cement”. Price adjustment of bituminous material will be applicable to all quantities of asphalt cement, including asphalt cement residue contained in emulsions or cutbacks, will be used in the bituminous materials specified or indicated for placement.

2. Section 110.04(b) 7: Delete “Cumulative price adjustment amounting to less than $500.00 will be disregarded. Bituminous price adjustment will be calculated for any payment or rebate. .

NOW THEREFORE, it is resolved by the ____________________________________________________

(Name of Governing Body).

ATTEST:

Secretary (Name of Municipality)

BY:

Title:

(SEAL) ____________________________________

Title:

____________________________________ Title:

I certify that the foregoing is a true and correct copy of the Resolution adopted at a meeting of the

(Name of Governing Body)

Held on:

Date: __________________________________

Secretary

Project Name: 2026 Road Improvements

General Description: The Work will include, but will not necessarily be limited to, providing all equipment, materials, labor, supervision, and testing services as further described in the bid documents. Base Forge St – Lime St: 2,694 S.Y. Milling of Bituminous Surfaces, Scratch Leveling Course, Wearing Course; and Alternate(s) Lime St – Mill St: 2,639 S.Y. Milling of Bituminous Surfaces, Scratch Leveling Course, Wearing Course; and Park St – Forge St: 2,306 S.Y. Milling of Bituminous Surfaces, Scratch Leveling Course, Wearing Course

Project Locality Weissport Borough

Awarding Agency: Borough Council

Contract Award Date: 6/1/2026

Serial Number: 26-04081

Project Classification: Highway

Determination Date: 4/24/2026

Assigned Field Office: Scranton

Field Office Phone Number: (570)963-4577

Toll Free Phone Number: (877)214-3962

Project County: Carbon County

BUREAU OF LABOR LAW COMPLIANCE

PREVAILING WAGES PROJECT RATES

Commonwealth of Pennsylvania Department of Labor & Industry Report Date: 4/26/2026 Page 1 of 6

Project: 26-04081 - Building Effective

Expiration Date

Hourly Rate Fringe Benefits

Total

Asbestos & Insulation Workers 7/1/2025 $37.08 $28.17 $65.25

Boilermaker (Commercial, Institutional, and Minor Repair Work)

3/1/2024 $36.71 $19.13 $55.84

Boilermaker (Commercial, Institutional, and Minor Repair Work)

3/1/2026 $41.34 $19.23 $60.57

Boilermakers 1/1/2024 $52.10 $35.72 $87.82

Boilermakers 1/1/2026 $58.00 $36.57 $94.57

Bricklayers, Stone Masons, Pointers, Caulkers, Cleaners

5/4/2025 $39.04 $23.17 $62.21

Bricklayers, Stone Masons, Pointers, Caulkers, Cleaners

5/3/2026 $40.89 $23.17 $64.06

Carpenter - Chief of Party (Surveying & Layout) 5/1/2025 $43.71 $28.09 $71.80

Carpenter - Chief of Party (Surveying & Layout) 5/1/2026 $45.01 $28.44 $73.45

Carpenter - Chief of Party (Surveying & Layout) 5/1/2027 $46.51 $28.79 $75.30

Carpenter - Chief of Party (Surveying & Layout) 5/1/2028 $48.16 $29.14 $77.30

Carpenter - Instrument Person (Surveying & Layout) 5/1/2025 $39.74 $28.09 $67.83

Carpenter - Instrument Person (Surveying & Layout) 5/1/2026 $41.04 $28.44 $69.48

Carpenter - Instrument Person (Surveying & Layout) 5/1/2027 $42.54 $28.79 $71.33

Carpenter - Instrument Person (Surveying & Layout) 5/1/2028 $44.19 $29.14 $73.33

Carpenter - Rodman (Surveying & Layout) 5/1/2025 $23.84 $22.20 $46.04

Carpenter - Rodman (Surveying & Layout) 5/1/2026 $24.62 $22.55 $47.17

Carpenter - Rodman (Surveying & Layout) 5/1/2027 $25.52 $22.90 $48.42

Carpenter - Rodman (Surveying & Layout) 5/1/2028 $26.51 $23.25 $49.76

Carpenters 5/1/2025 $39.74 $28.09 $67.83

Carpenters 5/1/2026 $41.04 $28.44 $69.48

Carpenters 5/1/2027 $42.54 $28.79 $71.33

Cement Finishers & Plasterers 5/4/2025 $33.66 $22.42 $56.08

Cement Finishers & Plasterers 5/3/2026 $35.66 $22.42 $58.08

Cement…