SPECIFICATIONS AND BID DOCUMENTS

for the Construction of a Parking Lot

At

407-413 Ridge Avenue

City of Allentown, Lehigh County Pennsylvania

March 2026

Contact:

Richard A. Young, P.E. – Project Manager

The Allentown Parking Authority

603 W. Linden St.

Allentown, PA 18101

(610) 841-8822 ryoung@allentownparking.com mailto:ryoung@allentownparking.com

TABLE OF CONTENTS

TITLE PAGE NUMBER

BIDDING REQUIREMENTS

ADVERTISEMENT FOR BIDDERS

INSTRUCTIONS TO BIDDERS

BIDDING FORMS (To be Submitted w/Bid)

BID BOND

CONSENT OF SURETY

BIDDER QUALIFICATION FORM

SUBCONTRACTORS IDENTIFICATION FORM

NON-COLLUSION AFFIDAVIT

BIDDER CORPORATE RESOLUTION……………

INSURANCE CERTIFICATES

STATEMENT OF OWNERSHIP

EQUIPMENT CERTIFICATION

VERIFICATION OF CONTRACTOR ELIGIBILITY

PUBLIC WORKS EMPOYMENT VERIFICATION FORM

CONTRACT FORMS (To be Submitted w/Contract)

CONSTRUCTION CONTRACT

PERFORMANCE BOND

LABOR AND MATERIALS PAYMENT BOND

PREVAILING WAGE COMPLIANCE DECLARATION

WORKERS’ COMPENSATION AFFIDAVIT

HOLD HARMLESS CERTIFICATION

CONTRACT CLOSE-OUT FORMS (To be submitted prior to final payment)

MAINTENANCE BOND

CONTRACTOR’S RELEASE OF LIENS

CONTRACTOR’S AFFIDAVIT OF RELEASE OF LIENS

WAIVER OF LIENS

CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS….…………...………

CONSENT OF SURETY COMPANY TO FINAL PAYMENT……………

GENERAL FORMS/CONDITIONS

CERTIFICATE OF OWNER’S ATTORNEY

NOTICE OF AWARD

NOTICE TO PROCEED

GENERAL CONDITIONS

SUPPLEMENTARY GENERAL CONDITIONS

TECHNICAL SPECIFICATIONS................................................................................ APPENDIX A

PREVAILING WAGE RATES.......................................................................................APPENDIX B

BID FORM…………………………………………........................................................APPENDIX C

ADVERTISEMENT FOR BIDS

Notice is hereby given that sealed proposals will be accepted by the Allentown Parking Authority (APA), 603 W.

Linden Street, Allentown, PA 18101 until April 29, 2026, 2:00 PM prevailing time for furnishing all labor, materials and equipment necessary for: Construction of a Parking Lot at 407-413 Ridge Avenue, Allentown, PA

18102 at which time they will be opened online, and publicity posted on PennBid web site.

All Bid Documents and solicitation details are available at no cost at www.pennbid.net.

Follow-up questions regarding the bid documents may be submitted in writing and posted on PennBid by 4:30

P.M. on April 20, 2026. All responses to questions will be sent out by posting in PennBid by April 22, 2026.

The bids must be made on the forms furnished by the Owner and the bids must be accompanied by a certified check or bid bond in the amount of ten percent (10%) of the bid, made payable to the Owner. All bids must also be accompanied by with the items listed in the Table of Contents listed as “Bidding Forms (To be Submitted w/Bid)” and included with these specifications. The surety is to be licensed to conduct business in the Commonwealth of

Pennsylvania. The successful bidder shall be bound to furnish and pay for a Performance Bond and a Labor

(“Public Works Contractors’ Bond Law of 1967,” P.L. 869, 8 P.S. § 191 et seq) & Material Payment Bond in an amount equal to one hundred percent (100%) of the contract price, and a Maintenance Bond in an amount equal to fifteen percent (15%) of the contract price, on bond forms acceptable to the Owner. (See these Specification for a complete list of items to be submitted with the contract and at Contract Close-Out).

The Bidder's attention is called to the fact that the Pennsylvania Prevailing Wage Act applies to this Contract and that the successful Bidder shall pay no less than the Wage Rates determined for the project area as set forth in the

Contract Documents.

The successful bidder shall take affirmative action to ensure that applicants for employment and employees or agents are treated without discrimination based upon race, color, religion, ancestry, national origin, age, sex, or disability.

If the contract is awarded it will be to the lowest responsible bidder, however the Owner reserves the right to reject any and or all bids and to waive any informality in the bidding, as permitted by law. No bidder may withdraw a bid within ninety (90) days after the actual date of the opening thereof, except in accordance with the terms of PA Act 4 of 1974, latest revision.

BY THE ORDER OF THE Allentown Parking Authority, Lehigh County, Pennsylvania:

By: Jonathan Haney

Executive Director

INSTRUCTIONS TO BIDDERS

1. RECEIPT AND OPENING OF BIDS

The Allentown Parking Authority (“Owner”) invites bids on the form available on PennBid. Bids will be received at the time specified in the Advertisement for Bids and publicly opened and read aloud.

Construction of a Parking Lot at

Allentown, PA 18102

The Owner shall consider bids submitted in compliance with the provisions hereof and may waive any non-material informalities or reject any bid, any part of a bid, or all bids. Any bid may be withdrawn prior to the above scheduled time for the opening. Prior to the awarding of the Contract, bids may be held by the Owner for a period not to exceed ninety (90) days from the date of the bid opening for the purpose of reviewing the bids and investigating the qualifications of bidders. During this period, no bid may be withdrawn except in accordance with PA Act 4 of 1974, entitled the “Bid

Withdrawal Act” (73 P.S. §1601 et seq.).

2. PREPARATION OF BID

All sealed bids shall be submitted via the Bid Form within this document and on PennBid.

The proposal of a bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one proposal in such manner as to make it appear that the proposals submitted are on a competitive basis from different parties shall be considered a collusive bidder.

The Owner may reject the bid proposals of any collusive bidder upon bid opening. However, nothing in this section shall prevent a bidder from superseding a bid proposal by a subsequent proposal delivered prior to bid opening, which expressly revokes the previous bid.

Bids may be withdrawn at any time prior to the time set for bid opening by Withdrawing the Bid in writing. Requests for withdrawal of bids after bid opening shall be made in accordance with

Commonwealth of Pennsylvania Act No. 4 of 1974 (73 P.S. §1601, et seq.).

3. SUBCONTRACTS

The bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract:

a. Must be disclosed and acceptable to the Owner.

b. Shall be subject to the same provisions under the contract as are applicable to the prime

Contractor.

4. DOCUMENTS REQUIRED WITH THE BID

Each bidder must submit with his bid, the following documents:

a. Bid Bond

b. Consent of Surety

c. Bidder Qualification Form

d. Subcontractor Identification Form

e. Non-Collusion Affidavit

f. Acknowledgment of Revisions

g. Bidder Corporate Resolution

h. Statement of Ownership

i. Equipment Certification

j. Verification of Contractor Eligibility

k. Sample Insurance Certificates

l. Public Works Employment Verification Form

5. QUALIFICATIONS OF BIDDERS

Each bidder must submit, as a part of his proposal, the Qualification Form as specified to determine the ability of the bidder to perform the work. The work will be awarded to an approved organization, which is properly constituted in experience, capital, and equipment. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

a. Bids will be considered as conclusive evidence of complete examination of specifications and samples.

b. Bid will be considered as conclusive evidence of that a thorough site inspection of project locations was performed.

c. The Owner reserves the right to reject any or all bids or parts thereof, as deemed to be in the best interest of the Owner. Proposals may be rejected if they show any omission, alterations of form, additions or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any defects or non-material irregularities in proposals.

d. It is understood that the parties making bids accept the terms and conditions expressed and contained in the specifications attached to the proposal submitted.

6. PROOF OF BIDDER'S RESPONSIBILITY

All bidders shall submit an experience questionnaire, two (2) years of most recent annual financial statements and most recent quarterly statement. The questionnaire and statement shall be certified to be true and correct by an affidavit sworn to or affirmed before a notary public, or other officer empowered to administer oaths or affirmations.

Bidders shall comply with all criteria and procedures established by these Instructions to Bidders.

The foregoing shall guide the Owner in determining the responsibility of the bidder, but additional information may be requested by the Owner whenever, in its judgment, such information is necessary to determine the responsibility of the bidder.

In the event the bidder fails, refuses or neglects to submit any required information within the reasonable time stated in any request therefore or fails to qualify as a responsible bidder, his/her proposal guaranty shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages.

7. BID SECURITY

Each bid must be accompanied by a certified check of the bidder, or a bid bond prepared on the form of Bid Bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 10% (Ten Percent) of the bid.

Unless a certified check or bid bond is furnished, as stated, the bid will not be considered. The check or bid bond of all bidders will be returned when the contract is signed and the successful bidder, as required, furnishes surety bonds.

Such checks or bid bonds submitted by unsuccessful bidders will be returned upon execution of the contract, or, if no award has been made within ninety (90) days after the date of the opening of bids, upon demand of the unsuccessful bidder(s) at any time thereafter.

8. FORM OF CONTRACT

The successful bidder will be required to execute a written contract with the Owner within ten (10) business days after notice of acceptance of his/her proposal. No proposals or award shall be considered binding upon the Owner unless and until the contract documents are properly executed by both parties.

9. FAILURE TO EXECUTE CONTRACT

In the case of the successful bidder failing or refusing to execute a formal contract and to give surety as required within ten (10) days after notice of acceptance of his/her bid, the Owner’s acceptance of his/her proposal will be revoked, and all obligations of the Owner in connection herewith will be canceled. In addition, the amount of the bid bond shall be paid to the Owner, not as a penalty, but as liquidated damages. In such case, the Owner, at its discretion, may award the contract to the next lowest responsible bidder, or reject all bids.

10. TIME OF COMPLETION AND LIQUIDATED DAMAGES

Bidder must agree to commence work on or before a date to be specified in a written "Notice to

Proceed" of the Owner and to fully complete the project within ninety (90) calendar days. Any adjustment to the ninety (90) days required to fully complete the project, due to weather conditions, will need to be made through an addendum to the Contract and must state the reason for the time adjustment. The successful bidder's failure to comply with schedule and/or performance requirements will result in the Owner incurring damages difficult to ascertain with certainty.

Liquidated damage amounts represent reasonable amounts to partially compensate the Owner for the successful bidder's delay and/or failure to perform and are not to be construed as penalties.

Consequently, to be entitled to such liquidated damages, the Owner will not be required to prove that it has incurred actual damages.

Liquidated damages under this clause shall be additive in nature and are in addition to other remedies the Owner may have under the contract, at law, or otherwise.

If the Owner becomes entitled to liquidated damages, the Owner will deduct the amount of such liquidated damages from any money due or which may become due under the contract. Should the liquidated damage amounts be in excess of the remaining unpaid balance of the contract, the successful bidder and its sureties shall be liable for the amount thereof and shall promptly refund to the Owner the amount of such excess. The provisions for liquidated damages shall not prevent the

Owner from terminating the rights of the successful bidder to proceed in cause of default.

If successful bidder fails to provide any or all contractual reports, deliver any or all of the goods, or perform any or all of the services within the time period(s) agreed to in the contract document, bidder must agree to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day on which work remains incomplete. In addition to this, bidder agrees to reimburse the Owner the sum of $500.00 for each working day thereafter for Inspection services of the Engineer, as provided in the General Conditions.

11. CONDITIONS OF WORK

Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon and by submission of a bid is deemed to have done so. Failure to do so will not relieve a successful bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption or interference with the work of any other contractors working in the area. Access to emergency vehicles will have to be provided for.

The Contractor will be required to be on site the entire length of the Contract. If for any reason the

Contractor is not able to be on site, he/she MUST notify the Owner and provide the reason why they are not able to be on site. Any time the Contractor is not on site and does not notify the Owner of the reason will not be an allowed reason for an extension of time of the Contract.

12. SPECIFICATIONS

These specifications are intended to cover the furnishing of all material and the performance of all work that may be required or necessary for the complete performance of the contract and the successful bidder will be reminded to do all things that may be necessary to complete the work within the purview of these specifications. Where plans accompany certain sections of the specifications, these shall be considered a part of these specifications.

All work described herein and attached to the contract shall be performed in accordance with all current PennDOT Specification and Standards. If conflict should arise between contract documents and PennDOT Specifications and Standards, PennDOT Specifications and Standards shall govern.

13. ADDENDA AND INTERPRETATIONS

No interpretation of the meaning of the plan, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing.

And to be given consideration, must be received by the date and time listed in the Advertisement for

Bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specification which, if issued, will be posted in PennBid. All addenda so issued shall become part of the contract documents. All questions answered on PennBid, but not issued in an addenda will be considered as part of these specifications.

a. Should the successful bidder discover discrepancies in the specifications, the matter shall be at once brought to the Owner, and the discrepancies corrected by written agreement before proceeding further.

b. The Owner, on written request by bidder(s), will give all explanations, interpretations and instructions required under these specifications.

c. Equipment to be furnished shall be new, first-class or shall meet with the approval of the Owner or its designated representative.

d. All equipment shall conform to the requirements of these specifications and any equipment condemned by the Owner as not meeting these specifications shall at once be removed and replaced with acceptable equipment.

14. EXTRA WORK

No extras, additional work or other contract modifications will be valid except upon written change order specifying price and other terms, executed by all parties and may require approval at a public meeting by the Allentown Parking Authority Board.

15. ADDITIONS OR DEDUCTIONS

The quantities of the various kinds of work to be done and materials to be furnished, as stated in the

Contract Documents, are approximate. The quantity of materials actually to be furnished may be varied to suit the requirements of the work and the statement of approximate quantities in the contract

Documents shall in no way relieve Bidders from ascertaining independently and on their own account the amount of materials and labor to be furnished. There will be no revisions to the unit cost for any line items due to changes between bid quantities and actual quantities during construction.

16. INDEMNIFICATION BY SUCCESSFUL BIDDER

The successful bidder agrees to indemnify and save harmless the Owner, its representatives, and

Engineer from all suits or actions of every nature and description brought against it or its employees on account of the use of patented or copyrighted appliances, products, or processes, with legal protection. The successful bidder shall execute a Hold Harmless Agreement and a Waiver of the

Right to File Mechanics' Liens.

17. SECURITY FOR FAITHFUL PERFORMANCE

Each bidder upon receiving written notice from the Owner shall within ten (10) business days of such notice furnish to the Owner executed Performance, Labor and Materials bonds, in the forms prescribed in the Contract Documents, and dated the date set for the award of contract.

18. POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. Attorneys-in-fact signing under a power of attorney must be residents of the State in which the project is located.

19. NOTICE OF SPECIAL CONDITIONS

Attention is particularly called to those parts of the Contract Documents and Specifications, which deal with the following:

a. Construction operations in the vicinity of private property.

b. Insurance requirements.

c. Wage rates.

d. Subsurface conditions.

e. Construction scheduling, staging, and operational procedures

f. Regulatory Information

20. METHOD OF AWARD - LOWEST RESPONSIBLE BIDDER

If at the time this Contract is to be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the Contract;

the Contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the Contract to the responsible bidder with lowest base bid combined by deduction of one or more items listed in the bidding schedule to produce a net amount which is within the available funds.

The “lowest responsible bidder” is defined as a bidder who not only has the lowest price, but also is financially able and competent to complete work as evidenced by prior performance.

21. OBLIGATION OF BIDDER

At the time of the opening of bids, each bidder will be presumed to have inspected the site, to have read and to be thoroughly familiar with the plans and Contract Documents (including all addenda and/or all question answers). The failure or omission of any bidder to examine any form, instrument, or documents shall in no way relieve any bidder from any obligation in respect to his bid.

22. BONDING REQUIREMENTS

As previously indicated, each bid proposal must be accompanied by a Surety's Consent. The said surety shall be bound to furnish a Performance Bond and a Labor and Material Payment Bond, both in the amount equal to One Hundred Percent (100%) of the Contract Price, and a Maintenance Bond in the amount equal to Fifteen Percent (15%) of the Contract Price, thereafter required.

a. The successful bidder shall be required to furnish a performance bond in the amount of one hundred percent (100%) of the contract price, the condition of which shall be the complete execution and performance of each and all of the terms contained in the contract, proposal, specifications and instructions to bidders. Said bond shall meet all requirements of the Owner.

b. The successful bidder shall be required to furnish a labor and materials payment bond in the amount of one hundred percent (100%) of the contract price, conditioned for the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work.

c. A maintenance bond shall be required in an amount equal to Fifteen Percent (15%) of the contract price for a period of two (2) years from the date of acceptance of the work by the Owner.

d. All bonds shall be furnished to the Owner prior to the Owner’s issuance of the notice to proceed with any work. The successful bidder shall pay for entire cost of bond(s).

The Bidders are notified that a Waiver of Right to File Mechanics Lien and a Hold Harmless

Agreement must also be executed by the successful bidder and all his subcontractors prior to the award of the contract.

23. INSURANCES (See "Contractor Insurance Requirements" in General Conditions)

24. LAWS AND REGULATIONS

The bidder's attention is directed to the fact that all applicable Federal and State Laws, Municipal

Ordinances, and Rules and Regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

The bidder also agrees to comply with all applicable state statutes and regulations to which the

Department of Community and Economic Development is subject including, but not limited to, the

Building Energy Conservation Act and the Pennsylvania Prevailing Wage Act or the Resident Labor

Requirement Act, the Steel Products Procurement Act, the Trade Practices Act, the Public Works

Contractor's Bond Act of 1967, and the Flood Plain Management Act.

The bidder agrees that in the performance of their obligations under the Contract they shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations. The

Contractor assumes responsibility for environmental review, decision-making and action under the

National Environmental Policy Act of 1969 (NEPA), P.L. 91-190 (42 U.S.C. 54321 et seq.), and

Housing and Urban Development regulations at 24 CFR, Part 58. The Contractor certifies that it has completed and will comply with 24 CFR, Part 58 and all other applicable statutes and guidelines.

Bidders should be aware that additional work may be required in the event of changes, after the receipt of bids, in Federal and State statutes, rules and regulations relating to the environment. The following statutes, and the rules and regulations thereunder, may directly or indirectly affect the work and are incorporated by reference:

a. Rivers and Harbors Act, 33 U.S.C. §401, et. seq.

b. National Environmental Policy Act, 42 U.S.C. §4321, et. seq.

c. Pennsylvania Water Obstructions Act. 32 P.S. §681, et. seq.

d. Pennsylvania Waterworks Act, 35 P.S. §711, et. seq.

e. Soil and Water Conservation Act, 3 P.S. §49, et. seq.

f. Federal Water Pollution Control Act, 33 U.S.C. §1151, as amended in 1972.

g. Pennsylvania Clean Streams Act, 35 P.S. §691.1

h. Pennsylvania Sewage Facilities Act, 35 P.S. §750.1

i. Pennsylvania Solid Waste Management Act, 35 P.S. §6001

j. Delaware River Basin Compact, 32 P.S. §815.31

k. Pennsylvania Air Pollution Control Act, 35 P.S. §4001, et. seq. as amended by Act 245 of

1972.

l. Chapter 102, Title 25, Rules and Regulations of Department of Environmental Protection

(APa. Bull. 1976).

m. Pennsylvania Steel Products Procurement Act, 73 P.S. §1181 et. seq.

n. All other applicable laws, ordinances and regulations.

Under Pennsylvania Act 247 of 1972, any additional work, which may be required by the foregoing, shall be done by change orders after written approval by the Owner.

25. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT

Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities

Act, 28 CFR 35.101 et seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this Contract or from activities provided for under this Contract As a condition of accepting and executing this Contract, the

Contractor agrees to comply with the “General Prohibitions Against Discrimination, 28 CFR 35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to the benefits, services, programs and activities provided by the Owner through contracts with outside contractors.

The Contractor shall be responsible for and agrees to indemnify and hold harmless the Owner from all losses, damages, expenses, claims, demands, suits and actions brought by any party against the

Owner as a result to the Contractor's failure to comply with the provisions of the above paragraph.

26. NONDISCRIMINATION CLAUSE

During the term of the contract, contractor agrees as follows:

A. Contractor shall not discriminate against any employee, applicant for employment, independent contractor or any other person because of race, color, religious creed, ancestry, national origin, age, sex, or handicap.

Contractor shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment without regard to their race, color, religious creed, ancestry, national origin, age, sex, or handicap. Such affirmative action shall include, but is not limited to, the following:

Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training.

Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

B. Contractor shall, in advertisements or request for employment placed by it or on its behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, sex, or handicap.

C. Contractor shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by contractor.

D. It shall be no defense to a finding of noncompliance with this nondiscrimination clause that contractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

E. Where the practices of a union or of any training program or other source of recruitment will result in the exclusion of minority group persons, so that contractor will be unable to meet its obligations under this nondiscrimination clause, contractor shall then employee and fill vacancies through other nondiscriminatory employment procedures.

F. Contractor shall comply with all state and federal laws prohibiting discrimination in hiring or employment opportunities. In the event of contractor noncompliance with the nondiscrimination clause of this contract or with any such laws, this contract may be terminated or suspended, in whole or in part, and contractor may be declared temporarily ineligible for further Owner contracts, and other sanctions may be imposed and remedies invoked.

G. Contractor shall furnish all necessary employment documents and records to and permit access to its books, records and accounts by the contracting agency for purpose of investigation to ascertain compliance with the provisions of this clause. If contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency.

H. Contractor shall actively recruit minority and women subcontractors or subcontractors with substantial minority representation among their employees.

Contractor shall include the provisions of this nondiscrimination clause in every subcontract so that such provisions will be binding upon each subcontractor.

I. Contractor obligations under this clause are limited to the contractor's facilities within

Pennsylvania, or where the contract is for purchase of goods manufactured outside of

Pennsylvania, the facilities at which such goods are actually produced.

27. WAGE RATE DETERMINATION

The Owner has requested a Wage Rate Determination by the Pennsylvania Department of Labor and

Industry to be applicable in the preparation of prices for this contract. A direct copy of the Wage

Rate Determination is made a part of the Specification. The Contractor shall be governed by all of the provisions of the Wage Rate Determination. Each Contractor shall exercise judgment in determining wage rates to use in his bid price. The Owner will not be responsible for additional costs, which the Contractor may incur, if during the construction he must increase wage rates because of his failure to allow for fair minimum rates required by the Pennsylvania Department of Labor and

Industry.

28. EXEMPTION FROM FEDERAL EXCISE AND PENNSYLVANIA SALES TAXES

The Owner is exempt from Federal Excise Taxes and the Pennsylvania Sales Tax. Net prices as shown in the proposal shall exclude said Federal and State Tax amounts.

NOTE: This provision shall not apply to construction, repair and/or maintenance contracts whereunder Bidder purchases supplies, materials and/or equipment and includes costs thereof in computation of his/her bid or proposal.

29. DELIVERY

In general, deliveries shall be at such times as may be fixed by the Owner.

Bidders will note that where certain articles are definitely called for of certain manufacture, it is assumed that those bidders have the opportunity to purchase such articles as specifically called for by trade names and that they agree the bidding is open to them without substitution of any other articles.

30. DISPOSAL OF MATERIALS, SUPPLIES, ETC. NOT APPROVED

Bidders shall understand that when materials, supplies, etc., have been delivered to the job which do not comply with specifications and have not been approved, upon notification, the successful bidder shall immediately remove from the premises any such condemned materials, supplies, etc., and replace them with materials, supplies, etc., in full accordance with the specifications.

31. PAYMENTS

The successful bidder shall submit a separate invoice for the items listed on each purchase order. All invoices shall reference the purchase order number. After inspection and acceptance by the authorized representative of the Owner of the materials and/or work, receipt of the successful bidder's invoice, and the approval of the invoice by the Owner’s Authorized Representative, payment shall be made to the successful bidder within thirty (30) days. Where a partial delivery is made, the successful bidder shall invoice for the items actually delivered and payment shall be made in accordance with the conditions stated hereinabove.

32. TERMINATION FOR DEFAULT

The successful bidder agrees to provide all contractual reports, deliver all goods and perform all services required under the contract in a timely and good and workmanlike manner and to the satisfaction of the Owner or its appointee. In the event it is determined by the Owner that reports are not provided, deliveries are not made and/or the work is not performed in such timely and/or workmanlike manner, the owner may terminate for default with fifteen (15) days written notice, by

Certified Mail. In such instance, the Owner may draw down against the successful bidder's performance bond for all costs and expenses incurred to re-bid the work.

33. PERMITS AND LICENSE REQUIREMENTS

The successful bidder shall be required to obtain all necessary permits as may be required by the

City of Allentown or any other agency that may require permits. No fee will be charged for said

Allentown Parking Authority permits, if any.

34. BUSINESS PRIVILEGE TAX

The Contractor acknowledges that it has been made aware that the City of Allentown collects a business privilege tax on revenues derived from work within the City. The Contractor shall notify any subcontractors working on the Project, that subject to applicable law, proper tax returns must be filed with the Owner and any required business privilege taxes related to any work within the City must be paid. Evidence of such notification shall be provided to the Owner.

35. FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (OSHA)

The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 and under Section

107 of the Contract Work Hours and Safety Standards Act. All work must be in compliance with

State and Federal Occupational Health and Safety Regulations.

36. PENNSYLVANIA ACT 287

The Contractor is required to comply with the provisions of Pennsylvania Act 287, as amended by

Act 181 of 2006 (811 – “Call Before You Dig!”), which specifies the Contractor’s responsibilities during excavation and demolition operations in areas of underground utilities. The list of utilities to be notified is shown on the plans.

38. ADDITIONAL PROVISIONS PERTAINING TO CONTRUCTION

A. If existing features, including but not limited to curb and sidewalk for Ridge Avenue is damaged during construction, it shall be replaced by the Contractor at no expense to the Owner, other than shown on the plans. Contractor is responsible for preparing photographic documentation of existing conditions for all existing features and submitting 2 copies to the Owner prior to commencing construction.

B. No additional monies will be paid for cold weather concrete work. All concrete work must be installed in accordance with PennDOT standards.

C. The Contractor shall provide and install all required erosion and sedimentation controls (E&S controls) for this project. The Contractor will perform all maintenance required on these controls for the duration of the project. The Engineer/Inspector representing the Owner will inspect the condition of erosion and sedimentation controls. If at any time during the project the

Engineer/Inspector determines the erosion and sedimentation controls referenced on the construction plans are not adequate the Engineer/Inspector will require additional E&S controls. Additional E&S controls will be provided by the Contractor at no cost to the Owner. This provision will not be waived during significant storm events.

D. The Contractor shall be responsible for obtaining a site for the fill. The contactor shall export fill to a site that has an existing NPDES permit, and the contactor shall submit documentation of the fill site and the NPDES permit upon request by the Owner.

E. All excavation will be unclassified excavation and shall be incidental to other construction item.

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE _____________________

(CONTRACTOR)

(hereinafter called the Principal) as Principal, and _________________ a _________________

(BONDING COMPANY)

corporation authorized to transact business in PENNSYLVANIA, and having its principal office at: _____________

(CITY AND STATE)

(hereinafter called the Surety) as Surety, are held and firmly bound unto the (“Obligee”) as Obligee, in the sum of ___________________________________________ Dollars ($___________________), representing 10% of the project bid, lawful money of the United States of America; for payment of which we bind ourselves, and each of our respective heirs, legal representatives, successors and assigns jointly and severally, by these presents.

WITNESS our hands and seals this ____________ day of ________________________, 20________.

WHEREAS, said Principal is herewith submitting to the Obligee a proposal to perform the following:

CONSTRUCTION OF PARKING LOT AT

407-413 RIDGE AVENUE

ALLENTOWN, PA 18102

pursuant to plans, specifications and other contract documents incorporated into said Proposal by reference; and it is a condition of the Obligee's receipt and consideration of said proposal that the Proposal be accompanied by bid security to be held by the Obligee on terms embodied herein.

THEREFORE, the condition of this obligation is such that if said Principal shall, upon the request of Obligee five (5) days prior to the award of the contract, furnish prior to the award of the contract executed performance and payment bonds dated the date set for the award of the contract in the required forms, and upon Obligee's acceptance of his proposal and award of contract to him, enter into such contract, and furnish insurance certificates and other bonds in all respects as required by said contract documents, within ten (10) business days after notice to him of such award, then this obligation shall be void; but, otherwise, it shall remain in full force, and the Principal and Surety will pay to the Obligee the full amount of this Bid Bond as liquidated damages incurred by the Obligee by reason of the default of the Principal.

IN WITNESS WHEREOF THE Principal and Surety, intending to be legally bound, have executed this bond the day and year aforementioned.

ATTEST: ______________________________

Corporation - Contractor

______________________________ ______________________________ (SEAL)

Witness President

Witness Individual Contractor

______________________________ BY____________________________ (SEAL)

Witnesses Partners

Surety Company

Witness Attorney-in-Fact

CONSENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the Contractor, the receipt of which is hereby acknowledged, _______________________ (Name of Surety), a corporation organized and existing under the laws of the State of _____________ (State of Incorporation), and licensed to do business in the Commonwealth of Pennsylvania, consents and agrees that if the Contract for the CONSTRUCTION OF PARKING LOT AT 407-413 RIDGE

AVENUE located in the City of Allentown, PA is awarded to __________________________ (Name of Bidder), the undersigned Corporation shall execute the Bond or Bonds required by the Contract Documents and will become Surety in the full amounts set forth in the Contract Documents for the faithful performance of all obligations of the Bidder.

IN WITNESS WHEREOF, said Surety has caused this Consent to be signed and attested by a duly authorized officer and its corporate seal to be affixed hereto this ____ day of_______________, 20____.

BY: ____________________________

NAME: __________________________

Attorney-in-Fact

IMPORTANT - A valid and effective Power of Attorney authorizing the Attorney-in-Fact to execute the Consent of Surety on behalf of the Surety for the full amount of the Bid Price must accompany the Consent of Surety.

BIDDER QUALIFICATION FORM

Name of Bidder: ________________________________________________

Address: _______________________________________________________

Phone Date__________________________________

Date of Incorporation:

State of Incorporation:

Officers and Directors:

Principals, Partners or Shareholders:

Note: Bidder may attach additional sheets as necessary.

1. How many years has your organization been in business as a contractor? __________________________

2. How many years has your organization been engaged in construction work of the type proposed under this

Contract? _____

3. How many years has your organization been in business under your present name? __________________

4. Have you ever failed to complete any work awarded to you? ____________________________________

If so, where and why? __________________________________________________________________

5. Has any officer or partner of your organization ever failed to complete a contract handled in his own name?

6. Have any liens or lawsuits of any kind been filed against any of your contracts? Yes_______ No_______

Give full details. _______________________________________________________________________

7. List surety companies, which have previously bonded the Bidder (give name, address, and amount of bond) ________________________________________________________________________________

List all uncompleted contracts currently held by the Bidder, including those for which a Notice to Proceed has been issued, contracts are executed, or a Notice of Award is pending. State the name of the project, the contract amount, percent complete, the contract start, and completion dates and any claims filed by subcontractors or suppliers. __________________________________________________________________

8. State all equipment owned by you for use in this contract. ______________________________________

9. State the percentage of work normally performed with your own forces and the portions of the work included in the proposed Contract that will be performed with your own forces.

10. The Bidder shall state below, or on attached sheets, at least three (3) projects the Bidder has completed which are similar to this Project. The information provided by the Bidder shall include the name of the Project, description of the Project, and dollar value of work completed. This information will be considered by the

Owner to judge the Bidder’s experience, skill and business standing. _________________________________

11. Provide the name, address and phone number for references for the three (3) Projects listed above.

Additional references or other information to evaluate the bidder’s qualification may be requested by the

Owner or its representatives.

Name and Address Telephone Number

13. Provide the following:

a. Bonding Company:

b. Bonding Agent: Phone Number:

c. Insurance Company:

d. Insurance Agency: Phone Number:

e. Bank (including name and contact):

f. Credit References (major material supplier):

14. Provide a copy of a recent financial statement as prepared by your auditor.

SUBCONTRACTORS IDENTIFICATION FORM

Bidders on projects concerning the construction, alteration or repair of any public improvement projects shall provide the name or names of all subcontractors to whom the bidder will subcontract the furnishing of plumbing and gas fitting, steam and hot water heating and ventilating apparatus, electrical work, structural steel and ornamental iron work, or other work each of which subcontractors shall be qualified in accordance with these specifications. Subcontractors must be PennDOT prequalified as contractors as specified in Section 102.01 of Publication 408, latest edition.

Nature of Work to be Completed by Subcontractor

1) _____________:

2) _____________:

3) ______________:

4) ______________:

5) Specify Other Work:

The Owner requires evidence of performance security to be submitted simultaneously with the list of the subcontractors. Evidence of performance security may be supplied by the bidder on behalf of himself and any or all subcontractors, or by each respective subcontractor, or by any combination thereof, which results in evidence of performance security equaling, but in no event exceeding, the total amount bid.

Whenever a bid sets forth more than one subcontractor for any of the specialty trade categories specified hereinabove in this section, the bidder shall submit to the Owner this certificate signed by the bidder listing each subcontractor named in the bid for that category. The certificate shall set forth the scope of work agreed to be awarded to each subcontractor should the bidder be awarded the contract. The certificate shall be submitted to the Owner simultaneously with the list of the subcontractors. The certificate may take the form of a single certificate listing all subcontractors or, alternatively, a separate certificate may be submitted for each subcontractor. If a bidder does not submit a certificate or certificates to the Owner as part of the Bid Proposal, the bid shall be disqualified as non-conforming.

Signature of Bidder’s Authorized Representative: ______________________________________

Title: _________________________________

Date: __________________________________

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 the 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 himself or herself 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 preparations, 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.

NON-COLLUSION AFFIDAVIT

State of ____________________________________

County of __________________________________

I state that I am ________________________ of ___________________________________

(Title) (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm, and its 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(s) 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(s) of this bid, and neither the approximate price(s) nor approximate amount(s) 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 of other noncompetitive bid.

(5) ___________________________________________________, its affiliates, subsidiaries, (Name of Firm) officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four 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 contract, except as follows:

I state that _________________________________________ understands and acknowledges that the above

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

SWORN TO AND SUBSCRIBED

BEFORE ME THIS _______ DAY OF ____________________, 20_____

Signature

Notary Public Title

My Commission expires ____________________________

BIDDER CORPORATE RESOLUTION

(EVIDENCE OF AUTHORITY TO BIND BIDDER WHERE BIDDER IS A

CORPORATION OR PARTNERSHIP)

RESOLVED, that the following named Officers or Partners:

Be and hereby are authorized and empowered to sign and submit to the _________________________ the attached Bid and other Bid Submission Documents and further that said Officers or Partners are authorized to execute the Contract and any other agreement or bond or statement necessary to fulfill the obligations required by the Contract Documents incurred by the acceptance of the Allentown

Parking Authority of the Bid.

I hereby certify that the above constitutes a true copy of a Resolution or Partnership Agreement passed and approved by the Board of Directors or Partners at a meeting held on the _________ day of _____________, 20___.

Signature of Bidder’s Authorized Representative:…