1-Monaca Gateway Roundabout Waterline Replacement Bid Pkg. - Re-Bid.pdf

BOROUGH OF MONACA

928 PENNSYLVANIA AVENUE

MONACA, PA 15061

FORM OF PROPOSAL AND SPECIFICATIONS

FOR THE

MONACA GATEWAY ROUNDABOUT

WATERLINE REPLACEMENT

BOROUGH OF MONACA, BEAVER COUNTY, PA

BID OPENING:

October 17, 2025

WEI Project No. 22063

WIDMER ENGINEERING INC.

806 Lincoln Place Beaver Falls, PA 15010

(724) 847-1696

FAX (724) 847-0419

www.widmerengineering.com

TABLE OF CONTENTS

Advertisement for Bids ............................................................................................................... A-1

Instructions to Bidders ..................................................................................................... B-1 to B-4

Form of Proposal.............................................................................................................. C-1 to C-5

Subcontractors ............................................................................................................................. D-1

Non Collusion Affidavit of Prime Bidder .................................................................................... E-1

Non Collusion Affidavit of Subcontractor ................................................................................... F-1

Bid Bond .......................................................................................................................... G-1 to G-2

Notice of Acceptance .................................................................................................................. H-1

Agreement ........................................................................................................................... I-1 to I-3

Corporate Certificate ..................................................................................................................... J-1

Partnership Certificate ................................................................................................................ K-1

No Lien Agreement ...................................................................................................................... L-1

General Instructions for Bonds ................................................................................................... M-1

Performance Bond ........................................................................................................... N-1 to N-2

Payment Bond .................................................................................................................. O-1 to O-2

Maintenance Bond ............................................................................................................ P-1 to P-2

Affidavit Re: Workmen’s Compensation .................................................................................. Q-1

Affidavit Re: Non-Discrimination Affidavit of Prime Bidder ........................................ R-1 to R-2

Certificate of Insurance ................................................................................................................ S-1

Notice to Proceed ......................................................................................................................... T-1

Application and Certificate for Payment ......................................................................... U-1 to U-2

Contract Change Order ............................................................................................................... V-1

Prevailing Wage Rates ................................................................................................................. 1-5

General Conditions ................................................................................................... GC-1 to GC-20

Special Conditions ................................................................................................................... SC-1

Highway Occupancy Permit and RNAs

Technical Specifications

Contract Drawings

A-1

ADVERTISEMENT FOR BIDS

Waterline Replacement - The Borough of Monaca, Beaver County, Pennsylvania will receive sealed bids online via PennBid for Monaca Gateway Roundabout Waterline Replacement until Friday, October 17, 2025 at 2:00 P.M. at which time they shall be opened online and publicly posted on PennBid’s website. All documents and solicitation details are available online for no cost at PennBid – https://pennbid.bonfirehub.com .

The Gateway Roundabout Waterline Replacement project involves the replacement of approximately 140 linear feet of waterline with 6” ductile iron pipe and the installation of associated service lines and fittings on Pennsylvania Ave. The purpose of the project is to adjust the elevation of the waterline to accommodate future work at the intersection.

All Bidders must submit bid security in the amount of 10%.

The Borough of Monaca reserves the right to reject any and all Bids and to accept the Bid, which is in the best interest of the Borough.

David L. Kramer, Jr.

Borough Manager 2 Times

B-1

INSTRUCTIONS TO BIDDERS

1. Scope of Work

Bidders are invited to submit itemized price proposals for furnishing all work shown on the

Drawings and described in the Specifications for the following project:

Monaca Gateway Roundabout Waterline Replacement

The project involves the replacement of approximately 140 linear feet of 6” cast iron pipe with ductile iron pipe and the installation of associated service lines and fittings on Pennsylvania Ave. The purpose of the project is to adjust the elevation of the waterline to accommodate future work at the intersection.

2. Bid and Contracts

a. Bidding Documents: Bidding documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com)

b. Interpretations and Addenda: Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the “Messages/Vendor Discussions” feature in PennBid no later than seven (7) days prior to the date for receipt of bids.

c. Preparation of Bid: The Bid Form is included with the Bidding Documents for

Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

d. Submittal of Bid: Bids shall be submitted online via the PennBid Program

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

e. Modification and Withdrawal of Bid: A Bid may be withdrawn or modified at any time within PennBid prior to the due date and time identified in the Invitation for Bids.

f. Opening of Bids: After bid opening, the time of which is listed in the Invitation to

Bid, a public notice will be issued via PennBid containing any available bid results.

It should be noted that bid results are subject to further review and should not be construed as issuance of an award.

g. Contracts: The successful bidder will be required to execute the contract for construction and return the contract accompanied by the Performance Bond, Payment Bond, Maintenance Bond, and Insurance Certificates herein described, within ten (10) calendar days after the documents are presented to him.

B-2

3. Bid Security

A bid security in an amount equal to at least ten percent (10%) of the bid shall be submitted with each bid. This shall be in the form of a certified check, or bid bond with good and sufficient surety. The payee in any instance shall be:

The Borough of Monaca

Bid securities will be returned to all except the three (3) lowest bidders for the contract immediately after the bid opening and the remaining bid securities will be returned when the executed contract is delivered to the successful bidder.

4. Investigation of Conditions and Errors in Bid

a. It is required that the bidder visit the site and acquaint themselves with all available information concerning the condition of the site, the availability of labor, and the local conditions having a bearing on the transporting, handling, and storing of materials and equipment.

b. Bidders or their authorized agents are expected to examine the drawings, specifications, schedules, and all other instructions pertaining to the work which are supplied with this project.

c. Failure to acquaint himself with all available information concerning the existing conditions will not relieve the successful bidder of the responsibility for estimating the difficulties. Completion of the work consists of successfully performing the work as required, and he cannot secure relief on the pleas of error in his bid.

d. The Borough of Monaca hereinafter referred to as the Owner, reserves the right to waive minor irregularities or minor errors in any proposal, if it appears to the Owner that such irregularities or errors were made through inadvertence. Any such irregularities or errors so waived must be corrected on the proposal in which they occur prior to the execution of any contract which may be awarded thereon.

5. Method of Award or Rejection of Bids

a. If bids received are determined by the Owner to be satisfactory, contracts will be awarded to the lowest responsible bidder within Sixty (60) days after the date of opening proposals.

b. The contract will be awarded to the lowest responsible bid conforming to the contract documents, whichever is most advantageous to the Owner, price and other factors considered.

c. Should such successful bidders fail or refuse to execute a contract and to furnish satisfactory contract security within ten (10) days after a written notification of the

B-3 award of the contract by the Owner, the bidder shall be considered to have abandoned the proposal and the amount of the certified check or other security delivered with the proposal shall thereupon be due and owing to the Owner as liquidated damages for such failure or refusal and the Owner may thereupon award the contract to any other bidder. The term "successful bidder" shall be deemed to include any bidder whose proposal is accepted after another bidder has previously refused or been unable to execute the contract or to furnish satisfactory contract security.

d. The Owner reserves the right to accept or reject any or all proposals as may be deemed in the best interest of the Owner.

6. Time of Performance

Work shall commence within ten (10) calendar days after the date of "Notice to Proceed" and the contractor shall fully complete all the work within the time stated and under the conditions enumerated in the contract agreement.

7. Federal Occupational Safety and Health Act

The bidders' attention is called to Special Conditions Section of the Specification which concerns compliance with the Federal Occupational Safety and Health Act of 1970.

8. Equal Employment Opportunity

Attention of bidders is particularly called to the requirement for ensuring the employees and applicants for employment are not discriminated against because of their race, creed, color or national origin.

9. Permits

It shall be the responsibility of the contractor to secure all permits required by all government agencies for all work performed under this contract.

10. 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 must be acceptable to the Owner.

11. Prevailing Wages:

The minimum wage rates for each craft or classification of all workmen needed to perform this contract during the anticipated term hereof shall be governed by the Pennsylvania Prevailing Wage Rate Determination. A photocopy of the Wage Rate Determination is affixed to these Contract Documents.

12. Guarantees

The following guarantees shall be required.

B-4

a. A Performance Bond with good and sufficient surety or sureties for the protection of the Owner, shall be executed in a penal amount of one hundred percent (100%) of the contract price.

b. A Payment Bond with good and sufficient surety or sureties for the protection of persons furnishing material and labor of the work shall be executed in a penal amount of one hundred percent (100%) of the contract price.

c. In addition to the contract security noted above, a Maintenance Bond with good and sufficient surety or sureties in a penal amount of One Hundred Percent (100%) of the contract price and shall guarantee against defective or inferior materials or workmanship which may develop during the period of two (2) years from the date of the completion and acceptance of work performed under each contract.

C-1

FORM OF PROPOSAL

MONACA BOROUGH, BEAVER COUNTY, PA

FOR

MONACA GATEWAY ROUNDABOUT

WATERLINE REPLACEMENT

PROPOSAL OF _______________________________________________ (hereinafter called "BIDDER") organized and existing under the laws of the State of _____________, doing business as a(n) ______________, (corporation, partnership, or individual), to Monaca Borough (hereinafter called "OWNER"). In compliance with your advertisement for bids, BIDDER hereby proposes to perform all work described within the bid schedule in strict accordance with the time set forth herein, and at the prices stated herein. That herein is a "RESPONSIBLE BIDDER" and having carefully examined the bid documents and project area of the Owner, and being fully informed in regard to the conditions to be met in the work, the undersigned proposes to perform all work related to and covered by the specifications.

BIDDER hereby agrees to perform all the work in the contract documents for the following prices and to hold said bid for a period of sixty (60) days after the opening date.

BIDDER hereby agrees to begin work within (10) days after the receipt of the "NOTICE TO PROCEED" and to complete the project within thirty (30) calendar days thereafter. If said contract is not substantially completed within the time frame specified, then the BIDDER shall reimburse the OWNER at a rate of $200.00/day for each calendar day thereafter that said project is not complete, including all punch list items as prepared by the OWNER's representative.

In submitting this bid, the BIDDER understands that the OWNER reserves the right to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed or delivered, in writing, to the undersigned within sixty (60) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bonds within ten (10) days after the agreement is presented to him for signature.

Security in the amount of __________________________________________________

________________________________________________ Dollars ($___________________), in the form of ___________________________________________________ is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS.

The Bidder hereby acknowledges receipt of the following issues of addenda, if any, distributed by the engineer.

Addendum No. _______________________________ Date__________________

Addendum No. _______________________________ Date__________________

Addendum No. _______________________________ Date__________________

C-2

In submitting this bid, the BIDDER hereby certifies that:

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

2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other contractor, bidder, or potential bidder.

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 that 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 bid.

5) The bidder its affiliates, subsidiaries, 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 public contract, except as follows:

The undersigned bidder is prepared to submit a financial and experience statement upon request by the Owner.

(If an individual, partnership, or non-incorporated organization)

Signature of Bidder______________________________________________________________

By___________________________________________________________________________

Address of Bidder_______________________________________________________________

Names and Addresses of Members of firm:

C-3

(If a Corporation)

Signature of Bidder_____________________________________________________________

By__________________________________________________________________________

Business Address_______________________________________________________________

Incorporated under the laws of the State of__________________________________________

Names of Officers:

President________________________________________________________________

Address________________________________________________________________

Secretary_______________________________________________________________

Treasurer_______________________________________________________________

Item Description Quantity Unit Unit Price In Figures

Unit Price Written Total for Item

1 Mobilization 1 LS

Maintenance & Protection of Traffic during Construction

1 LS

Installation of Borough Obtained 6"

Ductile Iron Pipe Waterline

140 LF

Installation of Borough Obtained 6"

Gate Valve

2 EA

Installation of Borough Obtained

6"x6"x6" DI Tee Fitting

1 EA

Connection to Existing 6" Waterline, Tee, or Valve

7 EA

Service Connection to 6" CIP Waterline Including: Borough

Obtained Corp. Stop and Curb Stop/Box

4 EA

Installation of Borough Obtained 3/4" Polyethelene Tube (Service

Line, Corp. Stop to Curb Box)

125 LF

9 6" DIP Cap 2 EA

BOROUGH OF MONACA

MONACA GATEWAY ROUNDABOUT WATERLINE REPLACEMENT

C-3A-1

MONACA GATEWAY ROUNDABOUT WATERLINE REPLACEMENT

Installation of Borough Obtained 6"

45 Degree DI Bend Fitting

18 EA

11 Limited Pavement Restoration 65 SY

TOTAL BASE BID AMOUNT:

(print or type amount using alphabetical letters)

(print or type amount using numerical figures)

(In case of discrepancy the unit price written amount will govern)

C-3A-2

C-4

Total price written in words:

The above price shall include all labor, material, equipment, overhead, profit, insurance, etc. to cover the finished work.

Items to be submitted with bid:

1. Form of Proposal

2. Non-Collusion Affidavit

3. Bid Bond in the amount of 10% of bid.

The owner reserves the right to accept or reject all or any part of a bid or to reject all bids.

C-5

ADDENDUM NO. _____

Bid Forms, Specifications and Contract Documents For

Borough of Monaca

All Bidders submitting proposals for the above referenced project shall review the following modifications, additions, corrections, and interpretations of the BID DOCUMENTS and SPECIFICATIONS. The items discussed in this ADDENDUM shall be considered and included in all proposals and shall become a part of the CONTRACT DOCUMENTS. Receipt of this ADDENDUM shall be acknowledged in the space provided in the BID FORM. Failure to acknowledge receipt of this ADDENDUM on the space provided may be sufficient cause for rejection of the bid.

Instructions:

Indicate receipt of Addendum No.______ by signing below and returning this addendum by fax to Widmer Engineering Inc. at (724) 847-0419 before _____________________________, 20_____.

Name

Company

Date

D-1

SUBCONTRACTORS

Name & Address Project Responsibility

1.

2.

3.

4.

5.

Signature Company

Name (Printed) Address

Title City, State, Zip Code

Witness of Signature Telephone Number

E-1

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of ______________________

SS:

County of _____________________

_________________________________________ being first duly sworn according to law, deposes and says as follows:

(1) He is _________________________ of ___________________________________, the bidder that has submitted the attached bid;

(2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid;

(3) Such bid is genuine and is not a collusive or sham bid;

(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or, to fix any overhead profit or cost element of the bid price of the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement, any advantage against Monaca Borough, or any person interested in the proposed contract; and

(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder of any of its agents, representatives, owners, employees, or parties in interest, including this affidavit.

By

Title

Sworn to and subscribed before me this ___________ day of ________________________, 20___.

Notary Public

My commission expires:_______________________

F-1

NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR

State of ______________________

County of _____________________

_________________________________________ being first duly sworn according to law, deposes and says as follows:

(1) He is (Owner, partner, officer, representative, or agent of _________________________ hereinafter referred to as the “Subcontractor”,

(2) He is fully informed respecting the preparation and contents of the Subcontractor’s Proposal submitted the subcontractor to ____________________, the Contractor for certain work in connection with the _____________________________ Contract pertaining to the Project in _______________________ (City or County and State).

(3) Such subcontractor’s proposal is genuine and is not a collusive or sham proposal;

(4) Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to fix the price or prices in said subcontractor’s Proposal, or to secure through collusion, conspiracy connivance, or unlawful agreement any advantage against Monaca Borough or any person interested in the proposed contract; and

(5) The price or prices quoted in the subcontractor’s proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder of any of its agents, representatives, owners, employees, or parties in interest, including this affidavit.

By

Title

Sworn to and subscribed before me this ___________day of ________________________, 20___.

Notary Public

My commission expires:_______________________

G-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, _____________________________ as Principal, and _________________________________________________________________, as Surety are held and firmly bound unto the Borough of Monaca (hereinafter called the Owner), in the sum of ______________________________________________________________________

Dollars ($_______________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid, dated _______________, 20____ for the Monaca Gateway Roundabout Waterline Replacement.

NOW THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after said opening, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the bid accepted, and give bond with good and sufficient surety, as may be required, for the faithful performance and proper fulfillment of such contract, or in the event of the withdrawal of said bid within the period specified, or the failure to enter such contract and give such bond within the time specified, if the Principal or his Surety shall pay the Owner ten percent (10%) of the amount specified in said bid as liquidated damages, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this ___________ day of ___________________, 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

G-2

IN PRESENCE OF:

_________________________ ___________________________________(SEAL)

(Individual Principal)

(Address) (Business Address)

_________________________ ___________________________________(SEAL)

(Individual Principal)

(Address) (Business Address)

ATTEST:

(Corporate Principal)

(Business Address)

_________________________ By: ________________________________

(AFFIX CORPORATE SEAL)

(Corporate Surety)

WITNESS:

(Corporate Surety)

(Business Address)

(Power-of-Attorney) for person signing for surety company must be attached to bond.

H-1

NOTICE OF ACCEPTANCE

To: ________________________ Date: ___________________

Project Description: Monaca Gateway Roundabout Waterline Replacement.

The Borough of Monaca (OWNER) has considered the BID submitted by you for the above-described WORK in response to its Advertisement for Bids and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of __________________________________________________________ Dollars ($__________ ).

You are required by the Instruction to Bidders to execute the enclosed Agreements and furnish the required CONTRACTOR'S Performance BOND, Payment BOND, Maintenance BOND, and certificates of insurance within ten (10) calendar days from the date of this Notice.

If you fail to execute said Agreement and to furnish said items within fifteen (15) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF ACCEPTANCE to the OWNER and the ENGINEER.

Dated this_____ day of ______________, 20___

WIDMER ENGINEERING, INC.

Project Manager

ACCEPTANCE OF NOTICE

Receipt of the Above NOTICE OF ACCEPTANCE is hereby acknowledged by

_______________________________, this the ______ day of _____________, 20___.

Bidder

By: _________________________

Title _______________________

I-1

AGREEMENT

THIS AGREEMENT, made this __________ day of____________, 20__, by and between the Borough of Monaca, hereinafter referred to as the "OWNER", a Borough under the Commonwealth of Pennsylvania, and _________________________________________________ (A Corporation existing under the laws of the State of ___________________________________, A Partnership consisting of_________________________________________________________, or An Individual trading as ____________________ _______________________________) located in _______________________ in the State of _____________________________ hereinafter referred to as the "CONTRACTOR".

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE 1 - CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Condition of the Contract (General and Special), Drawings, Specifications, all Addenda issued prior to execution of this Agreement, and all Modifications issued subsequent thereto. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 8.

ARTICLE 2 - THE WORK

The Contractor shall perform all the work required by the Contract Documents for the Monaca Gateway Roundabout Waterline Replacement.

ARTICLE 3 - THE ENGINEER

The Engineer for this project is:

WIDMER ENGINEERING INC.

806 Lincoln Place Beaver Falls, PA 15010

(724) 847-1696

ARTICLE 4 - CONTRACT SUM

The Owner shall pay the Contractor for the performance of the work included under this Contract subject to additions and deductions provided herein, in current funds, as follows:

The aggregate for the amounts determined by applying the lump sum prices submitted on the proposal to the actual quantities, the estimated amount being

ARTICLE 5 - TIME OF COMMENCEMENT AND COMPLETION

The work to be performed under this Contract shall commence within ten (10) calendar days after the date of "Notice to Proceed" and completed within thirty (30) calendar days.

I-2

ARTICLE 6 - PROGRESS PAYMENTS

Based upon application for payment submitted to the Engineer by the Contractor and payment estimates issued by the Engineer, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided in the conditions of the Contract as follows:

On or about the first day of each month, ninety percent (90%) of the proportion of the Contract Sum properly allocated to labor, materials, and equipment incorporated in the work and ninety percent (90%) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, less the aggregate of previous payment in each case; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to ninety five percent (95%) of the Contract Sum, less incomplete work and unsettled claims.

ARTICLE 7 - FINAL PAYMENT

Upon the completion of all work required by the Contract, the Engineer shall submit a Project Completion Certificate with the Owner. Within thirty (30) days after filing of such Certificates and a final payment estimate issued by the Engineer, the Owner shall pay to the Contractor the full Contract Sum, less all prior payments. All prior payments including those related to Change Orders shall be subject to correction by the final payment.

ARTICLE 8 - MISCELLANEOUS PROVISION

8.1 Terms used in this Agreement which are defined in the General Conditions of the

Contract shall have the meanings designated in those General Conditions.

8.2 The Contract Documents, which constitute the entire Agreement between the

Owner and the Contractor, except for Modifications issued after execution of this Agreement, are enumerated as follows:

Advertisement Bids No-Lien Agreement Instructions to Bidder General Instructions for Bonds Form of Proposal Performance Bond Subcontractors Payment Bond Non-Collusion Affidavit Maintenance Bond of Prime Bidder and Certificate of Insurance Subcontractor Notice of Acceptance Notice to Proceed Affidavit Re: Non-Discrimination Bid Bond Affidavit Re: Workmen's Comp.

Corporate Certificate General Conditions Partnership Certificate Special Conditions Technical Specifications Prevailing Wage Rates Contract Drawings Application and Certificate for Payment Contract Change Order

I-3

IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) duplicate counterparts, each of which shall be considered as an original, as of the day and year first above written.

WITNESS: CONTRACTOR:

By: ________________________________

_________________________ Title: _______________________________

SEAL

Council President

J-1

CORPORATE CERTIFICATE

I, ________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Instrument; that, ___________________________________

, who signed the said Instrument on behalf of the Contractor was then ______________________ of said Corporation; that said Contract was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate power.

(Corporate Seal)

K-1

PARTNERSHIP CERTIFICATE

State of _________________________

SS

County of________________________

On this _________day of __________________ 20____, before me personally appeared

____________________________, known to me and known by me to be the person who executed the above instrument, who being by me first duly sworn, did depose and say that he is a general partner in the firm of _________________________________; and that said firm consists of himself and ____________________________, and that he executed the foregoing instrument on behalf of said firm for the uses and purposes stated herein.

Notary Public in and for the County of_________________________________

State of___________________________

(NOTARIAL SEAL)

L-1

NO LIEN AGREEMENT

WHEREAS ___________________________________________________________________

has entered into an agreement with__________________________________________________, ___________________________________, Pennsylvania, to provide materials and perform labor for all operations in connection with the Monaca Gateway Roundabout Waterline Replacement.

NOW THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said Contract and for the consideration therein set forth, that neither the undersigned Contractor, any subcontractor or materialmen, nor any other person furnishing labor or materials to the said Contractor under this Contract shall file a lien, commonly called a mechanic's lien, for work done or materials furnished to the said building or any part thereof, or to the grounds adjacent thereto.

This stipulation is made and intended to be filed with the County Prothonotary within ten (10) days after date, in accordance with the requirements of Assembly of Pennsylvania, in such case provided.

IN WITNESS WHEREOF, the said parties hereto have hereunder set their hands and seals this ______________ day of _________________ 20___.

WITNESS

CONTRACTOR:

WITNESS: BY _____________________________________

_________________________ TITLE __________________________________

M-1

GENERAL INSTRUCTIONS FOR BONDS

1. The "Bid Bond" form shall be used for the protection of the Owner in receiving bids.

There shall be no deviation from this form.

2. The "Performance Bond" form shall be used for construction work or the furnishing of supplies whenever a bond is required. There shall be no deviation from this form.

3. The "Payment Bond" form, for the protection of persons supplying labor and material, shall be used on all contracts where such bond is required. This bond shall provide that every person, co-partnership, association or corporation who, whether as subcontractors or otherwise, has furnished material or supplied or performed labor in the prosecution of the work, as above provided, and who has not been paid therefore, may sue in assumpsit on said bond, the name of the Owner, for this, their or its use, and prosecute the same to final judgment for such sum or sums as may be justly due him, them or it, and have execution thereon, but the Owner shall not be liable for the payment of any costs or expense of any suit. There shall be no deviation from this form.

4. The "Maintenance Bond" form for the protection of the Owner shall be used on all contracts where such bond is required. There shall be no deviation from this form.

5. The surety on each bond must be a responsible surety company, which is qualified to do business in Pennsylvania and satisfactory to the Owner.

6. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals.

7. If the principals are partners, their individual names will appear in the appropriate place, attesting the signature of each individual party to the bond.

8. If the principal or surety is a corporation, the name of the state in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, as indicated in the form. If the corporation has no corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name.

9. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary, according to the form attached thereto. In lieu of such certificate, there may be attached to the bond, copies of so much of the records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies.

10. The date of this bond must not be prior to the date of the contract in connection with it is given.

N-1

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that ________________________________, (Contractor Name)

(Contractor Address) a_______________________________________________________, hereinafter called Principal, (Corporation, Partnership, or Individual) and ____________________________________________________________________________ (Surety Name)

(Surety Address) hereinafter called Surety, are held and firmly bound unto the Borough of Monaca, 928 Pennsylvania Avenue, Monaca, PA 15061 (hereinafter called the Obligee,) in the full and just sum of ___________________________________________________________________dollars, ($_______________), lawful money of the United States, for payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents:

WHEREAS said Principal has entered into a certain contract with said Obligee dated ________________________________________, 20____ (hereinafter called the Contract) for the:

Monaca Gateway Roundabout Waterline Replacement, which contract and the specifications for said work shall be deemed a part hereof as fully as if set out herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully perform the contract on his part at the time and in the manner therein provided, including any and all warranties and representations of the Principal set forth in said contract, and satisfy all claims and demands incurred in or for the same, or growing out of the same, or for injury or damage to persons or property in the performance thereof, and shall fully identify and save harmless the said Obligee from any and all cost and damage which the said Obligee may suffer by reason of failure to do so, and shall fully reimburse and repay the said Obligee any and all outlay and expense which it may incur by reason of any such default, then this obligation shall be null and void; otherwise it shall remain in full force and virtue.

The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in any way affect its obligations or bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

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Signed, sealed, and delivered in three (3) counterparts this

_____________ day of _________________________, 20___, (Individual Principals Sign Here)

___________________________________(Seal)

___________________________________(Seal)

In the presence of:

_________________________ ___________________________________(Seal)

_________________________ ___________________________________(Seal)

(Corporate Principals Sign Here)

ATTEST: ___________________________________

Printed /Typed Corporate Company Name

(Surety Sign Here)

Printed/Typed Surety Company Name

(Performance Bond)

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PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that ________________________________, (Contractor Name)

(Contractor Address) a_______________________________________________________, hereinafter called Principal, (Corporation, Partnership, or Individual) and ____________________________________________________________________________ (Surety Name)

(Surety Address) hereinafter called Surety, are held and firmly bound unto the Borough of Monaca, 928 Pennsylvania Avenue, Monaca, PA 15061 (hereinafter called the Obligee,) in the penal sum of ___________________________________________________________________dollars, ($________________ ), lawful money of the United States, for payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal entered into a certain contract with the OWNER dated the __________ day of _________________, 20___, a copy of which is hereto attached and made a part hereof for the: Monaca Gateway Roundabout Waterline Replacement.

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations, furnishing materials, for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition of the terms of the contract or to the WORK or to the

SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

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IN WITNESS WHEREOF, this instrument is executed in ___________________________ (Number) counterparts, each one of which shall be deemed an original, this the __________ day of _____________ , 20___.

Principal

(Principal) Secretary

(SEAL)

Witness as to Principal Address

ATTEST

Surety Secretary Surety

(SEAL)

Witness as to Surety Attorney-in-fact

Address Address

NOTE: Date of BOND must not be prior to date of Contract. If the CONTRACTOR is a

Partnership, all partners should execute the BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located.

(Payment Bond)

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MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we ______________________________ as Principal and__________________________________________________________________ as Surety, are held and firmly bound unto Borough of Monaca, 928 Pennsylvania Avenue, Monaca, PA 15061 (hereinafter called the Obligee,) in the sum of _________________________________________________________________________ Dollars

($________________________), or the final amount of the contract including all change order and modifications for payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents:

THE CONDITION OF THIS OBLIGATION IS SUCH WHEREAS that, said Principal has entered into a certain contract, hereto attached, with the Owner dated __________________________________, 20___ for the Monaca Gateway Roundabout Waterline Replacement.

NOW, THEREFORE, if the Principal shall remedy without cost to the Obligee any defects which develop during a period of two years from the date of completion and acceptance of the work performed under said contract, provided such defects, in the judgment of the Obligee or his successor having jurisdiction in the premises, are caused by defective, inferior materials or workmanship, then this obligation shall be void; otherwise it shall remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this ________ day of _____________________, 20____, the name and corporate seal of each corporate party being hereto affixed and these presented duly signed by its undersigned representative, pursuant to authority of its governing body.

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IN THE PRESENCE OF:

_________________________ ___________________________________(SEAL)

(Individual Principal)

(Address) (Business Address)

_________________________ ___________________________________(SEAL)

(Individual Principal)

(Address) (Business Address)

(Corporate Principal)

(Business Address)

By:________________________________

(Affix Corporate Seal)

(Corporate Surety)

(Business Address)

By: ________________________________

(Affix Corporate Seal)

The rate of premium on this bond is _________________ per thousand. Total amount of premium charged, $__________________________. (The above must be filled in by Corporate Surety.)

(Maintenance Bond)

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AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN'S COMPENSATION ACT

State of ____________________

County of ___________________

(Name of Officer, if corp.) (Title of Officer, if corp.)

(Name of Contractor) being duly sworn according to law deposed and says that he/they/it has/have accepted the provisions of the Workmen's Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and has/have insured his/their/its liability thereunder in accordance with the terms of said Act with __________________________________________________ Company.

(Contractor)

Signature of Officer or Agent

SWORN to and subscribed before me this _________________ day of

___________________________, 20_____.

(Notary Public)

My Commission Expires:

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NON-DISCRIMINATION AFFIDAVIT OF PRIME BIDDER

State of

County of

BEING first duly sworn according to __________________ Law, deposes and says as follows:

(1) He is the ___________________ of the bidder who has submitted the attached bid;

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

(3) He shall in advertisements or requests 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, handicap, ancestry, national origin, age, or sex.

(4) He shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said 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.

(5) 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.

(6) 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 employ and fill vacancies through other nondiscriminatory employment procedures.

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(7) Contractor shall comply with all state and federal laws prohibiting discrimination in hiring or employment opportunities. In the event of Contractor's 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 Commonwealth contracts, and other sanctions may be imposed and remedies invoked.

(8) He shall furnish all necessary employment documents and records to, and permit access to its…