1-MS944 Contract.pdf

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Attached to
Walnut Alley Drainage Improvements Project
Solicitation number
Not on record
Issued by
Lehigh County, Pennsylvania

About this file

MS-944 Proposal & Contract - Walnut Alley Drainage Improvements Project

This is a proposal and contract form (MS-944) issued by Myerstown Borough, Pennsylvania for the Walnut Alley Drainage Improvements Project. The contract encompasses the construction of approximately 1,030 linear feet of storm sewer and associated work as detailed in the project specifications. Bidders must submit proposals electronically through PennBID at https://pennbid.bonfirehub.com no later than 2:00 PM on Wednesday, July 8, 2026, at which time all bids will be made publicly available online. All contractors must examine the plans, specifications, and project site prior to submission. The selected contractor must commence work on the date specified in the notice to proceed and complete all work according to current PennDOT Specifications (Publication 408) within the timeline identified in Attachment 1A. Liquidated damages will be assessed at $250 per calendar day for any work not completed by October 1, 2026. Questions regarding the project must be submitted online through PennBID and received no later than 12:00 PM on Monday, July 6, 2026; questions received after this deadline will not be acknowledged.

Bidders must submit a certified check or bid bond equal to 10 percent of the total bid amount, issued by a surety licensed to conduct business in Pennsylvania, as a proposal guarantee. The selected contractor will be required to provide both performance and payment bonds conditioned upon faithful performance and prompt payment of all labor and materials. The contract is subject to the Pennsylvania Prevailing Wage Act, Federal OSHA requirements, Pennsylvania Act 229 of 2002, the Pennsylvania One Call Act (Underground Utility Line Protection Law), the Pennsylvania Human Relations Act, noncollusion affidavit requirements, and the Public Works Employment Verification Act. All contractors and subcontractors must verify employment eligibility through the federal E-Verify Program for all employees hired after January 1, 2013. Bidders are not required to be prequalified by PennDOT. No specific award value or budget range is disclosed in the solicitation documents. Myerstown Borough Council reserves the right to accept or reject any or all bids submitted.

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Text version

MS-944 (7-09)

PROPOSAL & CONTRACT

(WHEN EXECUTED)

Instructions on Page 4

(THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS)

A. DEPOSIT OF PROPOSALS.

All electronic Bid proposals shall be submitted through PennBid for Letting of July 8, 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

Myerstown Borough

MUNICIPALITY (NAME & TYPE)

Michael McKenna

MANAGER

101 South Railroad Street

Myerstown, PA 17067

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 Myerstown 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:

(SEAL)

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

ACCEPTED ON:

DATE

MYERSTOWN BOROUGH

MUNICIPALITY

BY:

BY: :

BY: :

ATTESTED BY: :

SEAL

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