1-Lemoyne Borough 10th St Retaining Wall Rehabilitation Project Manual.pdf

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CONTRACT DOCUMENTS

FOR

10th STREET RETAINING WALL REHABILITATION PROJECT

IN

LEMOYNE BOROUGH

CUMBERLAND COUNTY

PENNSYLVANIA

May 2026

Project No.0886806041

Prepared by:

RETTEW Associates, Inc.

5031 Richard Lane, Suite 111

Mechanicsburg, PA 17055

(800) 738-8395

TABLE OF CONTENTS

ITEM PAGE

INVITATION TO BID 1

SECTION 01100 - SUMMARY OF WORK 1-2

MS-944 PROPOSAL AND CONTRACT 1-2

ATTACHMENT NO. 1 1

ATTACHMENT NO. 1A – SPECIAL PROVISIONS TO CONTRACT 1

BID BOND 1-2

WORKMEN’S COMPENSATION AFFIDAVIT 1

ANTI-COLLUSION AFFIDAVIT 1

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM 1

PERFORMANCE BOND 1

PAYMENT BOND 1

NOTICE OF AWARD 1

NOTICE TO PROCEED 1

INSURANCE REQUIREMENTS 1

APPLICATION FOR PAYMENT 1-3

SUBMITTAL INSTRUCTIONS 1-2

TECHNICAL SPECIFICATIONS

SPECIAL PROVISIONS

SECTION 01015 – GENERAL INSTRUCTIONS

SECTION 02511 – ROADWAY PAVING

SECTION 02536 – PAINTING AND PAVEMENT MARKINGS

SECTION 03310 – CONCRETE WORK

SUPPORTING DOCUMENTS

LOCATION MAP

RETAINING WALL DETAILS

PREVAILING WAGE RATES

INVITATION TO BID

OWNER: Lemoyne Borough 510 Herman Avenue Lemoyne, PA 17053

ENGINEER: RETTEW Associates, Inc.

5031 Richard Lane, Suite 111

800-738-8395

Lemoyne Borough will receive bids for the 10th Street Retaining Wall Rehabilitation Project. Bids may be submitted and updated online until Tuesday, June 9, 2026, 2:00 PM. At that time bids will be made available online. All documents and solicitation details are available any time at https://pennbid.bonfirehub.com.

The work will include, but not necessarily limited to, 170 LF of concrete retaining wall rehabilitation.

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

Only those questions submitted online via PennBID shall be considered. Questions received after 4:00 PM, Friday, June 5, 2026, regarding the project will not be acknowledged.

The Contracts are subject to the following: the Pennsylvania Prevailing Wage Act conditions; the Federal Occupational Safety and Health Act of 1970 (OSHA) conditions; the Pennsylvania Act 229 of 2002; the Pennsylvania One Call Act, also known as the Underground Utility Line Protection Law, Act 287 of 1974, as amended; the Pennsylvania Human Relations Act 222 Condition; requirement of a non-collusion affidavit; the non-discrimination in Employment/Contract Compliance Regulations Conditions; and the Public Works Employment Verification Act.

Lemoyne Borough Council reserves the right to accept or reject any or all Bids.

Amanda Seibert Borough Manager

Lemoyne Borough/ 10th Street Retaining Wall Rehabilitation Project 5/26

SUMMARY OF WORK 01100 - 1

RETTEW Project No.: 0886806041

SECTION 01100 - SUMMARY OF WORK

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and provisions of this Contract apply to this section.

1.2 PROJECT DESCRIPTION

Project Identification: Project consists of but not necessarily limited to, approximately 170 LF of concrete retaining wall rehabilitation.

1. Project location: 10th Street/Hummel Avenue and Pear Street intersection.

2. OWNER: Lemoyne Borough, 510 Herman Avenue Lemoyne, PA 17043

B. This project shall include furnishing all labor, equipment, material, and appurtenances to complete all work in accordance with the Contract Documents. The work will include, but not necessarily be limited to, the following, as identically numbered in the UNIT PRICE

SCHEDULE:

1. Mobilization and Demobilization (1 LS)

2. Traffic Control (1 LS)

3. Retaining Wall Rehabilitation - saw cut, excavate and properly dispose of wall, backfill and roadway to be removed; install rebar, form and pour reconstructed retaining wall with epoxy bonding; install foundation drain to daylight, install membrane waterproofing, install geotextile and AASHTO No 57 course aggregate backfill, complete in place (415

VSF)

4. Concrete patching, complete in place (10 SF)

5. Penetrating Sealer on exposed concrete surfaces, complete in place (1 LS)

6. PA 2A Subbase (55 TON)

7. Pavement Restoration - Superpave Asphalt Mix Design, Binder Course, 25mm, PG 64S-

22, 0.3 to 30 Million ESALs, 4" Depth; Superpave Asphalt Mix Design, Wearing Course, 9.5mm, PG 64S-22, 0.3 to 3.0 Million ESALs, SRL-M, 1.5" Depth (120 SY)

8. Single white painted lines, 4" line width, complete in place (170 LF)

9. Type 31 Strong Post Guiderail, including removal of existing, complete in place (180 LF)

10. Permanent Impact End Treatment, Type 2, complete in place (1 EA)

11. Terminal end section – single, complete in place (1 EA)

C. CONTRACTS

1. Project will be constructed under a general construction contract..

SUMMARY OF WORK 01100 - 2

RETTEW Project No.: 0886806041

1.3 MISCELLANEOUS PROVISIONS

A. Unless otherwise noted, all construction shall conform to Pennsylvania Department of Transportation (PennDOT) Publication 408, latest revision.

B. Traffic control shall be in accordance with PennDOT Publication 213.

C. The Contractor shall notify the Owner and Engineer five (5) days prior to the start of work.

D. Bids shall remain open for a period of 60 days from the date of Bid opening. Bids may not be withdrawn during this period. All Bidders must bid on all items listed on the Bid Form and on each bidding alternative. The successful Bidder shall be required to furnish performance and payment bonds in the amount of 100 percent of the Contract Price.

E. In addition to completing the online bid form, electronic files containing the required Bid Documents must be uploaded to the PennBID website. It is the Contractor’s responsibility to verify that the bid form data has been entered properly and the entire document with all the required pages has been uploaded properly. Bids without the required Bid Documents may be rejected as incomplete. These documents can be found in the Contract Documents and in the folder “Documents to be Submitted Electronically with Bid.” These must include:

1. Anti-Collusion Affidavit

2. Electronic Copy of Bid Security Bond

3. Proposal & Contract

4. Attachment 1A Special Provisions

5. Worker’s Compensation Affidavit

6. Public Works Verification Form

PART 2 - PRODUCTS (Not used)

PART 3 - EXECUTION (Not used)

PART 4 - MEASUREMENT AND PAYMENT (Not used)

END OF SECTION 01100

MS-944 (7-09)

PROPOSAL & CONTRACT

(WHEN EXECUTED)

Instructions on Page 4

(THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS)

10th Street Retaining Wall Rehabilitation

A. DEPOSIT OF PROPOSALS.

All electronic Bid proposals shall be submitted through PennBid for Letting of June 9, 2026.

DATE

Electronic Proposals will be received on or before 2:00 PM on the above Letting Date.

TIME

Bids will be made available at approximately 2:00 PM, on the above Letting Date.

TIME

Lemoyne Borough

MUNICIPALITY (NAME & TYPE)

Amanda Seibert

MANAGER

510 Herman Avenue

Lemoyne, PA 17043

ADDRESS

PROPOSALS MUST BE SUBMITTED

ELECTRONICALLY VIA PENNBID

1. The contractor proposes to furnish and deliver all materials (including Form CS-4171, CERTIFICATE OF COMPLIANCE) and/or TR-465 DAILY BITUMINOUS MIXTURE CERTIFICATION) 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 Lemoyne Borough as well as the supplements and special requirements contained herein and/or attached hereto and current PennDOT Specifications (Publication 408), except (a) bidders need not be prequalified by PennDOT (Sec. 102.01), and (b) Volumetric testing of bituminous paving materials is not required (Sec.409).

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 within See Attachment 1A calendar days. If all work is not completed on time, liquidated damages will be assessed at the rate as specified in the Special Provisions to Contract MS-944.

3. Accompanying this proposal is a certified check or bid bond in the amount of 10% of the Bid Amount 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 requirements of the proposal.

B. PROPOSAL OF:

NAME / ADDRESS OF CONTRACTOR

CONTRACTOR’S CERTIFICATION

It is hereby certified as follows:

1. The only person 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 price listed on the Schedule of Prices (Attachment 1).

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 contract 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.

7. Bidder acknowledges that this bid is for a public works contract and bidder is therefore subject to the provisions, duties, obligations, and penalties of the Public Works Employment Verification Act, 43 P.S. 167.1-167.11, which is incorporated herein by reference.

CONTRACTOR

BY:: DATE:

TITLE:

(DATE)

WITNESSED OR ATTESTED BY:

DATE:

TITLE:

(SEAL)

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

ACCEPTED ON:

DATE

LEMOYNE BOROUGH

MUNICIPALITY

BY:

BY: :

TITLE:

BY: :

TITLE:

ATTESTED BY: :

TITLE:

TITLE:

SEAL

ATTACHMENT 1

TO MS – 944 (PROPOSAL AND CONTRACT MS – 944)

County: Cumberland Municipality: Lemoyne Borough Project

Number:

0886806041 10th Street Retaining Wall Rehabilitation Project

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LOCATION OF WORK:

10th Street/Hummel Avenue and Pear Street intersection.

DESCRIPTION OF WORK:

Project consists of but not necessarily limited to, approximately 170 LF of concrete retaining wall rehabilitation.

ESCALATOR CLAUSE: (if adopted by Municipality.) N/A

SCHEDULE OF PRICES

Item

1 No.

Approximate 2 Quantities

Unit

*Description

Unit Price

Total

All prices in accordance with PennBid Form

*DESCRIPTION: SUBTOTAL

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.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL FROM OTHER ATTACHMENTS

BID TOTAL FOR A NON OPTION/BASE BID

OPTION 1 OR ALTERNATIVE 1 BID TOTAL

(5-06) SPECIAL PROVISIONS TO CONTRACT MS-944 (Attachment 1-A)

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and subcontractors must comply with all of the following provisions that are marked with an “X”

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

Delivery tickets for all materials.

CS-4171 Certificate of Compliance and/or TR-465 Daily Bituminous Mixture Certification required for all materials.

Notify the Municipality five working days prior to start of project.

Work to be completed on or before October 31, 2026. After October 31, 2026 liquidated damages apply at the rate of $250 per calendar day.

Roadway to be power broomed by (contractor municipality ) prior to start of project.

Excess material to be removed by (contractor municipality ).

Municipality to inspect project.

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

Tack Coat required per Section 460, or 409 for Superpave, of Specifications 408 and is incidental to paving item unless noted otherwise.

Prime Coat require per Section 461 of Specifications 408.

Bituminous Seal on all abutting pavement and curbs required.

Saw cut or Milled Paving Notch required and incidental to paving item unless noted otherwise.

Scratch/Leveling Courses to be placed at the discretion of appointed inspector(s).

Full width pavement with one pass required.

Municipality reserves the right to limit work completed.

Taper pavement the last 3 feet to curb.

For FOB Source bids, hauling distance will determine selection of bid award.

Municipality reserves the right to procure material which best suits their requirements after all bids and items are reviewed.

Incidental Preparation and clean up required. (Project Construction Materials) The municipality reserves the right to make an award on the basis of the aggregate total for all like items on which quotations are received.

Provide design, which meets Specifications Form 408 to the municipality 5 days prior to start of work.

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

Contractor is required to review proposed project with Municipality’s Representative prior to bidding.

Oil samples required from each distributor truck by contractor (1) quart: A.M. & P. M. and witnessed by municipality and retained by municipality. (Oil samples must be placed in an approved type container that is compatible with oil sample.)

At least three random stone samples to be taken by contractor on project site witnessed by municipality and retained by municipality.

Complete all testing in accordance with Specification Form 408 Section 409 except for Superpave volumetric testing.

Notice to Proceed will be the date of Contract acceptance.

Final Completion Certificate & Notice of Completion required.

Future award of Contract will be based on quality of work as determined by the municipality.

Contractor notify all residents of pending work to be performed.

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

Lemoyne Borough

COMPANY MUNICIPALITY

PENAL SUM FORM

EJCDC NO. 1910-28-C (1996 Edition) 00410-1

BID BOND

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

BID DUE DATE:

PROJECT (Brief Description Including Location):

BOND

BOND NUMBER:

DATE (Not later than Bid due date):

PENAL SUM:

(Words) (Figures)

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

BIDDER SURETY

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

By: By:

Signature and Title Signature and Title

(Attach Power of Attorney)

Attest: Attest:

Signature and Title Signature and Title

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

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

PENAL SUM FORM

EJCDC NO. 1910-28-C (1996 Edition) 00410-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1. OWNER accepts Bidder's Bid and Bidder

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

3.2. All Bids are rejected by OWNER, or

3.3. OWNER fails to issue a Notice of Award to

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

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

5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

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

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

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

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

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

Attachment 4

AFFIDAVIT RE:

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

STATE OF PENNSYLVANIA )

( ss:

COUNTY OF CUMBERLAND )

being duly sworn according to law deposes and says that accepted the provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and insured liability thereunder in 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 .

SIGNATURE: NOTARY PUBLIC

MY COMMISSION EXPIRES: (DATE)

D-7126 (7-09)

ANTI-COLLUSION AFFIDAVIT

County: Cumberland

Municipality: Lemoyne Borough

Project Number: 0886806041

10th Street Retaining Wall Rehabilitation

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 , 20 .

NOTARY PUBLIC

My commission expires:

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

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

MS-944S (7-09)

Attachment 2

PERFORMANCE BOND

(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

(NAME OF MUNICIPALITY)

( ) 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 bounden 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 obligation is such that if the above 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 contractor 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 the 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)

Attest/Witness: CONTRACTOR

BY

TITLE: TITLE:

Attest/Witness: SURETY COMPANY

TITLE: TITLE:

PLACE

SEAL

HERE

PLACE

HERE

MS-944S Attachment 3

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL and a corporation incorporated under the laws of the State of as SURETY, are held and firmly bound 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 truly 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 by 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 on this Payment Bond in his, their, or its 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 or 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, PL 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 of time for the performance of the contract or any other forbearance on the part of either the Obligee or the Principal to the other, shall not in any way release the PRINCIPAL and the SURETY or SURETIES of any such alteration, extension of 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

TITLE: TITLE:

PLACE

SEAL

HERE

PLACE

HERE

NOTICE OF AWARD

Project No.: 0886806041

To: Date:

(CONTRACTOR)

Re: Lemoyne Borough 10th Street Retaining Wall Rehabilitation Project

Bidder:

You are notified that your Bid dated for the above Contract has been considered. You are the apparent Successful Bidder and the OWNER intends to award a contract for the 10th Street Retaining Wall Rehabilitation Project.

The Contract Price of the project is ($ ).

You are required to provide the OWNER with performance and payment bonds (MS-944 Attachments 2 &

3) within 10 days after receipt of this Notice of Award by you.

If the required bonds and forms are not received, OWNER will be entitled to consider all your rights arising out of the acceptance of your Bid by OWNER as abandoned, including forfeiture of Bid Security, and to award Work covered by your Bid to another, or to re-advertise the Work or otherwise dispose thereof as OWNER may determine.

Please return an accepted copy of this Notice of Award together with required Contract Security (Bonds), Insurance Certificates, and other documentation (as may be required) to the attention of the undersigned.

OWNER will not enter into the Agreement until the required bonds and insurance are received, reviewed and approved.

ACCEPTANCE OF NOTICE

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

By: For: Lemoyne Borough

Title: By:

Michael Knouse, PE RETTEW Associates, Inc.

(CONTRACTOR) 5031 Richard Lane, Suite 111

NOTICE TO PROCEED

Project No.: 0886806041

To: Date:

Re: Lemoyne Borough 10th Street Retaining Wall Rehabilitation Project

Contractor:

The Borough of Lemoyne, hereinafter referred to as OWNER, and represented by the undersigned, received the executed Agreement, Performance Bond, Payment Bond, and Certificates of Insurance Coverage, and other documentation required and as listed in the Notice of Award, and found them to be in order. You are hereby notified to proceed with the Work on .

In accordance with the Contract, you will have until October 31, 2026, to complete the Work required under your Contract. Therefore, all Work shall be completed and ready for final inspection and payment on or before October 31, 2026.

Please return an accepted copy of this Notice to Proceed to the attention of the undersigned.

ACCEPTANCE OF NOTICE

Receipt of this Notice to Proceed is hereby acknowledged this day of

By: For: Lemoyne Borough

Title: By:

Michael Knouse, PE RETTEW Associates, Inc.

(Contractor) 5031 Richard Lane, Suite 111

INSURANCE REQUIREMENTS

1. CONTRACTOR'S General Liability Insurance:

a. General Aggregate $1,000,000

b. Products – Completed Operations Aggregate $1,000,000

c. Personal and Advertising Injury $1,000,000

d. Each Occurrence (Bodily Injury and Property Damage) $500,000

e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverage’s where applicable.

f. Excess or Umbrella Liability

1. Annual Aggregate $1,000,000

2. Each Occurrence $1,000,000

2. Automobile Liability including Owned, Hired, and Non-Owned Vehicles.

a. Bodily Injury and Personal Injury:

Each Person $1,000,000 Each Accident $1,000,000

b. Property Damage:

Each Accident $ 500,000

c. Combined Single Limit of $1,000,000

3. The Contractual Liability coverage for not less than the following amounts:

a. Bodily Injury:

Each Occurrence $1,000,000 Each Accident $1,000,000 Annual Aggregate $2,000,000

b. Property Damage:

Each Occurrence $1,000,000 Each Accident $1,000,000 Annual Aggregate $2,000,000

4. The Owner and the Owner’s Consultants are to be included as additional insureds under the CONTRACTOR’S Liability Insurance.

APPLICATION FOR PAYMENT NO. ________

To: (OWNER) From: (CONTRACTOR) Contract:

Project:

OWNER's Contract No. . ENGINEER's Project No.

For Work accomplished through the date of: .

1. Original Contract Price: $_____________________

2. Net change by Change Orders and Written Amendments (+ or -): $_____________________

3. Current Contract Price (1 plus 2): $_____________________

4. Total completed and stored to date: $_____________________

5. Retainage (per Agreement):

_____% of completed Work: $____________________

_____% of stored material: $____________________

Total Retainage: $_____________________

6. Total completed and stored to date less retainage (4 minus 5): $_____________________

7. Less previous Application for Payments: $_____________________

8. DUE THIS APPLICATION (6 MINUS 7): $_____________________

Accompanying Documentation:

CONTRACTOR'S Certification:

The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR’s legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through _____ inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective.

Dated ____________________________

CONTRACTOR

By:

State of ______________________________ County of ____________________________ Subscribed and sworn to before me this _____ day of __________________, ________

Notary Public My Commission expires: _____________________

Payment of the above AMOUNT DUE THIS APPLICATION is recommended.

Dated ___________________________

ENGINEER

By:

EJCDC No. 1910-8-E (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute.

APPLICATION FOR PAYMENT

INSTRUCTIONS

A. GENERAL INFORMATION

The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor's Schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor.

B. COMPLETING THE FORM

The Schedule of Values, submitted and approved as provided in paragraphs 2.05.B.3 and 2.07 of the General Conditions, should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit.

All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments.

The form is suitable for use in the Final Application for Payment as well as for Progress Payments;

however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form.

C. LEGAL REVIEW

All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner.

Application No._____ Date:_____________________

ITEM UNIT

PRICE

ESTIMATED

QUANTITY

SCHEDULE

OF VALUES

AMOUNT

QUANTITY

COMPLETED

AMOUNT

MATERIAL

STORED

AMOUNT

COMPLETED

AND STORED

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

TOTAL $ $ $ $

Note: Total Schedule of Values Amount should equal the current Contract Price.

Submittal Instructions for

Public Works Projects

A. For the purposes of this procedure, the term Submittal as used herein includes shop drawings, samples, manufacturer’s product data in the forms of descriptive literature, specifications, and published detail drawings, photographic documentation (photos/videos) and also Contractor prepared drawings, certified test reports or reports and such other certificates required by the plans, contract documents, any appropriate or referenced standard specifications and applicable Federal, State and local statutes.

B. The contractor shall prepare a Submittal Transmittal form on their letterhead. Please see the attached sample. All Submittals need to be listed and submitted using this form.

C. The Contractor shall review the plans, contract documents, referenced standard specifications and applicable Federal, State and local statutes to determine the Submittals to be provided.

D. The Contractor shall inform the municipality, in writing, of any design changes deviations or substitutions contained within the Submittal. Design changes, deviations or substitutions shall not be accepted until the municipality has given written approval to the specific design change, deviation or substitution as a prior change in the work.

E. A separate transmittal form is required for each group of submittals.

F. Each transmittal shall be numbered in sequence. Resubmittals are to have original number with an alphabetic suffix (example 1A).

G. Where required, the Contractor shall reference the specification (by section number) or plan detail (by sheet number and detail identification) for which the Submittal is provided.

H. Submittals that are not certified by the Contractor in accordance with this document will be returned to the Contractor and will not be reviewed by the municipality.

I. Submittals marked as “Reviewed” by the municipality are not to be resubmitted and are deemed accepted. Submittals marked as “Revise and Resubmit”, or “Rejected” by the municipality will be rejected and returned to the Contractor for resubmission.

J. The contractor shall not begin work until the Schedule of Submittals associated with the project have been reviewed and accepted. Work on individual line items of the project shall not be permitted to commence until all submittals associated with the line item have been returned to the Contractor, marked “Reviewed”.

Sample Contractor Submittal Form

CONTRACTOR'S LETTERHEAD

TO: RETTEW Associates, Inc. DATE:

ATTN: <RETTEW Employee Name>

<Local RETTEW Office Address>

PROJECT NAME: Project No.

We have enclosed the following Submittals for your review and acceptance.

SUBMITTAL

NO.

DESCRIPTION MANUFACTURER

Contractor’s Representation

1. Contractor has assembled the enclosed submittals, has reviewed and approved the enclosed submittals, and represents that the enclosed submittals are in full conformance with the plans, contract documents, and any referenced standard specifications and Federal, State and local statutes.

2. The municipality’s review or acceptance of the enclosed submittals does not relieve Contractor of the obligation to comply with the requirements of the plans, contract documents, and any referenced standard specifications and Federal, State and local statutes. The municipality’s review or acceptance of a specific item shall not indicate review or approval of an assembly of which the item is a component.

3. The municipality’s review or acceptance shall not be construed as permitting any departure from contract requirements nor as relieving the Contractor of the responsibility for any error in materials, details, dimensions or otherwise.

4. The municipality’s review or acceptance does not constitute approval or acceptance of design changes deviations or substitutions contained within the Submittal unless the Contractor has specifically informed the municipality in writing of the design changes deviations or substitutions at the time of the Submittal, and the municipality has given written approval to the specific design change, deviation or substitution as a prior change in the work.

5. Contractor acknowledges and agrees that Contractor is responsible for job site safety and to determine the means, methods, techniques, sequences and procedures of construction.

Very truly yours, <Contractor Name> <Contractor signature>

TECHNICAL

SPECIFICATIONS

SPECIAL PROVISIONS

CONSTRUCTION SCHEDULE

The contractor is expected to closely coordinate and schedule construction with the OWNER.

Contract commences upon issuance of Notice to Proceed.

GENERAL CONSTRUCTION MATERIALS

CONTRACTOR to obtain construction materials from PennDOT-approved suppliers as listed in PennDOT Bulletin 15. Obtain from all material suppliers a completed Certification Form CS- 4171, and provide a copy to the OWNER.

PAYMENT PROCEDURES

CONTRACTOR shall submit Application for Payment to be processed by ENGINEER.

Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’S Applications for Payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the WORK based on the number of units completed.

Prior to substantial completion, the OWNER may retain ten (10) percent of the amount of all progress payment due until fifty (50) percent of the Work has been completed. When the contract is fifty (50) percent completed the CONTRACTOR may apply for a reduction in retainage. At that time, one-half (1/2) of the amount retained by OWNER shall be returned to CONTRACTOR provided that ENGINEER approves the Application for Payment, that the CONTRACTOR is making satisfactory progress and there is no specific cause for greater withholding. OWNER, after fifty (50) percent of the WORK has been completed, may retain five (5) percent of the remaining progress payments. After substantial completion, OWNER may retain one and one-half (1-1/2) times such amount as is required to complete any, then remaining uncompleted items as certified by

ENGINEER.

Final Payment. Upon final completion and acceptance of the WORK, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER.

COMPLIANCE WITH PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

The Public Works Employment Verification Act (PA Act 127-2012) requires public works contractors and subcontractors to comply with the federal E-Verify Program (EVP). This Act was signed into law December of 2012 and became effective as of January 1, 2013. All contractors and subcontractors performing work under this contract, shall be required to comply with the provisions of this Act. The Act requires all contractors and subcontractors on public works’ projects (as defined under the Prevailing Wage Act) to submit employee verification forms to the Owner. These forms, checked through the Department of Homeland Security, are to determine the eligibility of an employee to work in the United States. Each contractor and subcontractor performing work under this contract shall utilize the EVP system to verify the employment eligibility of each new employee hired after January 1, 2013. Contractors and subcontractors that do not comply are subject to sanctions and penalties to be enforced by the PA Department of Labor and Industry. A copy of the Public Works Employment Verification form required by the Commonwealth of Pennsylvania is attached.

END OF SPECIAL PROVISIONS

GENERAL INSTRUCTIONS AND CONDUCT OF WORK 01015 - 1

RETTEW Project No.:0886806041

SECTION 01015 - GENERAL INSTRUCTIONS AND CONDUCT OF WORK

PART 1 - GENERAL

1.1 NIGHT AND WEEKEND WORK

A. No work shall be done between the hours of 6:00 PM and 7:00 AM Monday through Saturday.

No work shall be done on Sundays. CONTRACTOR shall notify ENGINEER 48 hours in advance and in writing of any work to be done on Saturdays. An exception to the above shall be for necessary proper care and protection of work already performed or in the case of an emergency and then only with the permission of the ENGINEER.

1.2 FIRE

A. The CONTRACTOR shall take every precaution to prevent fire. Open burning on the site is not permitted.

1.3 CLEARING

A. Clear areas required for access to site and execution of work. Designate trees and shrubs to be removed. All trees greater than a 4-inch diameter at the property owner’s request shall be saved, cut in 5-foot lengths, and neatly stacked on the property owner’s property. Remove and dispose of debris, tree branches, limbs and shrubs including trees less than 4-inches in diameter.

1.4 RESPONSIBILITY REGARDING EXISTING UTILITIES AND STRUCTURES

A. The existence and location of underground utilities, process piping or plant conduits indicated on the Drawings are not guaranteed and shall be investigated and verified in the field by the CONTRACTOR before starting work. The CONTRACTOR'S attention is directed to the existing local, state, and federal regulations. Excavation in the vicinity of existing structures and utilities shall be carefully done by hand.

B. The CONTRACTOR shall be held liable for any damage done by reason of breaking any water, sewer, gas, telephone, electric, process piping, plant conduits, or other utility service. The CONTRACTOR shall notify all utility companies and the OWNER'S operation personnel in advance of construction and cooperate with agents of these companies and the OWNER during the progress of the work. When any lines or services become broken or damaged during the progress of the work, the CONTRACTOR shall cause them to be repaired at once at his own expense. Delays which would result in adjoining residences or businesses having to go overnight or for needlessly long periods during the day without utilities, or the plant operation to be adversely affected, will not be tolerated. The OWNER reserves the right to remedy such delays or neglect by ordering outside parties to make repairs at the expense of the CONTRACTOR without written notice.

C. Care shall be taken not to move, without the consent of the ENGINEER, any sewers, culverts, water, gas, electric, telephone, or other pipes or poles or structures. In crossing, or in running

GENERAL INSTRUCTIONS AND CONDUCT OF WORK 01015 - 2

RETTEW Project No.:0886806041 parallel with or near utility lines, process piping or plant conduits, they shall be securely hung, braced or supported in place until the work is completed. Whenever it is necessary to interfere with said structures, the CONTRACTOR, at his own expense, shall maintain their respective services, and if necessary, lay temporary lines or structures.

D. The CONTRACTOR shall repair all damage done to any structures on property and shall keep them in repair in like kind for a period of one (1) year after the completion of the work.

E. Before ordering any material or doing any work, the CONTRACTOR shall verify all measurements at the site and shall be responsible for the correctness of same. The CONTRACTOR shall, without extra charge, make slight alterations as may be required to make adjustable parts fit to fixed parts, leaving all materials and work complete and in proper order.

F. All dimensions given on the Drawings are to be field checked and verified, and any error inconsistencies are to be communicated to the ENGINEER before connecting work.

G. Water mains, storm drains, sanitary sewers, gas mains, process piping, plant conduits, and other utilities are shown on the drawings in accordance with the best information available for the information of the CONTRACTOR. The OWNER and ENGINEER assume no responsibility for accuracy or completeness of information shown. Existing pipe, conduits, mains and services shall be carefully protected and any damage to them caused by the work shall be immediately repaired to the satisfaction of the ENGINEER by the CONTRACTOR at his expense, using materials of the kinds damaged.

H. All valve boxes, covers, grates, frames, and surface appurtenances shall be adjusted flush with finished grades. The CONTRACTOR shall coordinate with each respective utility such adjustment. Coordination and adjustment shall be included in the Bid Price.

1.5 EMERGENCY CONTACT / MAINTENANCE CREW DURING NON-WORKING HOURS

A. The CONTRACTOR shall make available during the normal non-working hours an emergency contact/maintenance crew which shall be available on two (2) hours’ notice from the ENGINEER or OWNER for the repairs and maintenance of trenches or other work which have become hazardous to the public or plant operations as a result of trench settlement or other reasons.

B. If the CONTRACTOR fails to make the repairs within a reasonable period of time after being contacted by the ENGINEER or OWNER, the necessary repairs or maintenance shall be performed by others and the full costs of the work charged to the CONTRACTOR.

C. Names, addresses and telephone numbers of responsible maintenance personnel shall be made available to the ENGINEER and OWNER at all times. If the maintenance personnel so assigned fail to respond, the CONTRACTOR shall immediately reassign new emergency contact/maintenance personnel.

1.6 FITTING AND COORDINATION OF THE WORK

A. The CONTRACTOR shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material-men engaged upon this

GENERAL INSTRUCTIONS AND CONDUCT OF WORK 01015 - 3

RETTEW Project No.:0886806041

Contract. He shall be prepared to guarantee to each of his subcontractors the locations and measurements that they may require for the fitting of their work to all surrounding work.

1.7 MUTUAL RESPONSIBILITY OF CONTRACTORS

A. If, through acts of neglect on the part of the CONTRACTOR, any other contractor or any subcontractor shall suffer loss or damage on the work, the CONTRACTOR shall settle with such other contractor or subcontractor by agreement or arbitration, if such other contractor of subcontractor shall assert any claim against the ENGINEER and/or the OWNER on account of any damage alleged to have been so sustained, the ENGINEER will notify this CONTRACTOR, who shall defend at his own expense any suit based upon such claim, and, if any judgment or claims against the ENGINEER and/or OWNER shall be allowed, the CONTRACTOR shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith.

1.8 PROJECT SAFETY

A. Nothing contained in the drawings and specifications or in any other document relating to this project shall be construed to require or authorize the ENGINEER and/or OWNER to supervise or be in any way responsible for the CONTRACTOR'S compliance with any applicable safety regulations or codes or the like.