Borough of Nesquehoning Carbon County, PA

PROJECT MANUAL

FOR

NEW COLUMBUS PARK DEVELOPMENT

PHASE I

Engineer's Project No. 11233.15 (DCNR Project No. BRC-SC-31-144)

June 2026

1239 Centre Turnpike Orwigsburg, PA 17961

(570) 366-9534

Kee, David Stamp

Kee, David Stamp

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TABLE OF CONTENTS

TITLE PAGE NO.

BIDDING REQUIREMENTS

Pre Bid Notice - Non Discrimination Clause Invitation To Bid 00010–1 Instructions To Bidders 00100–1

BIDDING FORMS

Bid Form 00300–1 Bid Bond 00350–1 Experience Questionnaire 00400–1 List Of Proposed Subcontractors 00450–1 Non-Collusion Affidavit 00460-1 Public Works Employment Verification Form 00470-1

CONTRACT FORMS

Agreement 00500–1 Performance Bond 00610–1 Payment Bond 00620–1 Maintenance Bond 00630–1

CONDITIONS OF THE CONTRACT

Standard General Conditions Of The Construction Contract 00700–1 Supplementary Conditions 00800–1 Duties Of Contractor Under Pennsylvania Prevailing Wage Act 00810–1 State Prevailing Wage Rates

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Section 01010 – Summary of Work 01010–1 Section 01025 – Measurement and Payment 01025–1 Section 01050 – Field Engineering 01050–1 Section 01040 – Coordination 01040–1 Section 01200 – Project Meetings 01200–1

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DIVISION 1 - GENERAL REQUIREMENTS

Section 01300 – Submittals 01300–1 Section 01400 – Quality Control 01400–1 Section 01500 – Construction Facilities and Temporary Controls 01500–1 Section 01560 – Soil Erosion and Sedimentation Control 01560–1 Section 01600 – Materials and Equipment 01600–1 Section 01700 – Contract Closeout 01700–1

DIVISION 2 - SITE WORK

Section 02015 – Protection of Underground Utilities 02015–1 Section 02210 – Site Grading 02210–1 Section 02260 – Finish Grading 02260–1 Section 02500 – Paving and Surfacing 02500–1 Section 02855 – Pavement Markings 02855–1

DIVISION 3 - CONCRETE

Section 03100 – Concrete Form Work 03100–1 Section 03300 – Cast–In–Place Concrete 03300–1

DIVISION 16 - ELECTRICAL

Section 16500 – Lighting 16500–1

DRAWINGS:

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

The Grantee agrees:

1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the grant agreement or any subgrant agreement, contract, or subcontract, the Grantee, a subgrantee, a contractor, a subcontractor, or any person acting on behalf of the Grantee shall not discriminate in violation of the Pennsylvania Human Relations Act (PHRA) and applicable federal laws against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

2. The Grantee, any subgrantee, contractor or any subcontractor or any person on their behalf shall not in any manner discriminate in violation of the PHRA and applicable federal laws against or intimidate any of its employees.

3. The Grantee, any subgrantee, contractor or any subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined.

Posting this Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the grant services are performed shall satisfy this requirement.

4. The Grantee, any subgrantee, contractor or any subcontractor shall not discriminate in violation of the PHRA and applicable federal laws against any subgrantee, contractor, subcontractor or supplier who is qualified to perform the work to which the grant relates.

5. The Grantee and each subgrantee, contractor and subcontractor represents that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws and regulations relating to nondiscrimination and sexual harassment. The Grantee and each subgrantee, contractor and subcontractor further represents that it has filed a Standard Form 100 Employer Information Report (“EEO-1”) with the U.S. Equal Employment Opportunity Commission (“EEOC”) and shall file an annual EEO-1 report with the EEOC as required for employers subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Grantee, any subgrantee, any contractor or any subcontractor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to their books, records, and accounts by the granting agency and the Bureau of Small Business Opportunities (BSBO), for the purpose of ascertaining compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause.

6. The Grantee, any subgrantee, contractor or any subcontractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subgrant agreement, contract or subcontract so that those provisions applicable to subgrantees, contractors or subcontractors will be binding upon each subgrantee, contractor or subcontractor.

7. The Granter’s and each subgrantee’s, contractor’s and subcontractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the grant agreement through the termination date thereof. Accordingly, the Grantee and each subgrantee, contractor and subcontractor shall have an obligation to inform the Commonwealth if, at any time during the term of the grant agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

8. The Commonwealth may cancel or terminate the grant agreement and all money due or to become due under the grant agreement may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee, subgrantee, contractor, or subcontractor in the Contractor Responsibility File.

Based on Management Directive 215.16 amended (2/24/15)

DCNR-2017-Gen Gen-GPM – 1 Rev. 1-17

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NOTICE TO BIDDERS

Project: New Columbus Park Development – Phase 1: The Work generally consists of improvements to the existing facilities which includes construction of ADA compliant paved parking stalls, an ADA compliant paved access path, basketball and pickleball court development, and project acknowledgement sign. The work locations are more specifically identified in the project manual/bid documents and project drawings.

The Work will be performed under one Contract as follows:

General Construction

Owner: NESQUEHONING BOROUGH 114 West Catawissa Street Nesquehoning, PA 18240

Engineer: ARRO CONSULTING, INC.

1239 Centre Turnpike Orwigsburg, PA 17961

Bids will be received via the PennBid Program until 12:00 P.M., prevailing time, on August 25, 2026. Borough Council will accept bids at their regular meeting at 6:00 P.M., prevailing time, on August 26, 2026, at which time they will award, reject, table, or refer the bids to committee.

Bidding Documents and solicitation details are available online, at no cost, at https://pennbid.bonfirehub.com.

A Pre-bid meeting and site visit will be held at 10:00 A.M., prevailing time, on August 12, 2026, at the office of the Owner. Attendance at the Pre-bid meeting is not required, but it is recommended.

Questions will be accepted until 4:00 P.M., prevailing time, on August 18, 2026. All questions must be submitted through PennBid.

The Contract will be subject to the Prevailing Minimum Wage Determination established by the Commonwealth of Pennsylvania, Department of Labor and Industry.

The OWNER hereby reserves the right, which is understood and agreed to by all Bidders, to reject any or all Bids and to waive any omissions, errors, or irregularities in any Bid.

NESQUEHONING BOROUGH

Deborah DelFranco, secretary/treasurer https://pennbid.procureware.com/home

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DOCUMENT 00100

INSTRUCTIONS TO BIDDERS

Article 1 - Defined Terms

1.01 Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, as prepared by the Engineer's Joint Contract Documents Committee (Document EJCDC C – 700, 2007 Edition), have the meanings assigned to them in the General Conditions. Additional terms used in these Instructions to Bidders have meanings indicated below, which are applicable to both the singular and plural thereof.

A. Issuing Office – The office from which the Bidding Documents are to be issued and made available for sale, and where the bidding procedures are to be administered.

1. Issuing Office is the office of the Engineer whose name, address and phone number are listed in the Invitation to Bid.

B. Successful Bidder – The lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

C. PennBid – Bid management program, which is being used for distribution of contract documents PennBid’s web address is (https://pennbid.bonfirehub.com).

Article 2 - Copies of Bidding Documents

2.01 Complete sets of the Bidding Documents may be obtained online at no cost via the PennBid Program (https://pennbid.bonfirehub.com).

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, or Bidding Documents purchased from sources other than the issuing office.

2.03 Bids from prospective Bidders who have not obtained the Bidding Documents from the issuing office and who have not obtained complete sets of Bidding Documents will not be accepted.

2.04 Copies of Bidding Documents are made available on the above terms only for the purpose of obtaining Bids on the Work and not to confer a license or grant for any other use.

2.05 Digitizing and posting Bidding Documents on the Internet or on websites of prospective Bidders and other parties, or reproduction of Bidding Documents by others, is not permitted without Engineer’s approval.

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Article 3 - Qualifications of Bidders

3.01 To demonstrate qualifications to perform the Work, Bidder shall submit with the Bid the qualification data indicated in the Invitation to Bid, the following Paragraph(s) of Article 3, and the Bid Form. Bidders shall also be prepared to submit, within five calendar days after the Bid opening date, upon Owner’s request, such additional data as may be pertinent to the Project.

3.02 The Bid of out-of-State Bidders and their Subbidder(s), if any, shall contain evidence of qualification to do business in the Commonwealth of Pennsylvania covenant to obtain such qualification prior to and as a condition of award of a Contract.

3.03 To obtain information concerning qualifications of a Bidder, the Owner requires that a completed Experience Questionnaire be submitted on the form included in the Bidding Documents. Bidder shall include the completed Experience Questionnaire with the Bid.

3.04 It is a requirement of this Contract that successful Bidder provides confirmation of compliance with Act 127 of 2012, by submitting a “Public Works Employment Verification Form“ (Document 00511) as a pre-condition to being awarded a contract for this Project.

3.05 Submission of financial information is not required with the Bid, but the Owner reserves the right to request such information as part of the Bid evaluation process.

Financial information shall be submitted to Engineer no later than 5 business days following the Bid Opening date. Documents shall be contained within a sealed envelope marked

“FINANCIAL INFORMATION – CONFIDENTIAL.”

Financial Information of all Bidders will be returned after selection of the apparent low bidder is made.

3.06 It is a requirement of the Contract that Bidders shall have a minimum (5) year, (5) project documented experience in the type of Work required by this Project. Submit required documentation with the Bid.

3.07 Failure, or refusal, to submit documentation required by the Invitation to Bid, this Article 3, and the Bid Form will be reason for rejection of the Bid. Following are additional reasons for rejection of the Bid:

A. Failure to submit the Bid and other Bidding Documents, on the forms included in the Project Manual.

B. Failure to sign the Bid Form or any of the required affidavits and other documents attached to it.

C. Failure to furnish the required Bid Security.

D. Failure to include a unit/lump sum price for each item on the Bid Form, including Alternates.

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E. The inclusion by Bidder of conditions or qualifications not provided for in the Bidding Requirements and Bidding Documents.

F. Submission of incomplete Bid Form or other required documents.

G. If the Bid Form contains any omissions, erasures, alterations, additions not called for, or irregularities of any other kind.

H. If any bid prices are obviously unbalanced.

I. When applicable, non-attendance at a mandatory pre-bid meeting and if applicable, site visit.

J. Debarment by a Commonwealth agency, political subdivision, or Federal agency.

K. Having been declared in default on prior projects.

Article 4 - Examination of Contract Documents and Site

4.01 It is the responsibility of each Bidder before submitting a Bid:

A. To examine thoroughly the Bidding Documents;

B. To visit the site and become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

C. To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

D. To study and carefully correlate Bidder's knowledge and observations with the Bidding Documents and such other related data; and

E. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Bidding Documents.

F. Obtain such additional or supplementary examinations, investigations, explorations, tests studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

1. Bidder shall be responsible for restoration of areas disturbed due to supplementary examinations, investigations, explorations, and tests

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concerning existing aboveground and underground conditions at, or contiguous to the Site.

4.02 Refer to the Supplementary Conditions for identification of:

A. Those reports of explorations and tests of subsurface conditions at or contiguous to the site.

B. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site.

C. To the extent provided in the Supplementary Conditions, Owner will make copies of such data available to any Bidder requesting them. These data are for information only and are not part of the Bidding Documents.

4.03 Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Article 4, Paragraphs 4.02, 4.03, and 4.04 of the General Conditions, as amended by the Supplementary Conditions.

4.05 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid.

A. To gain access to the site of the proposed Work, contact the office of the engineer.

4.06 Refer to Section 01010 – SUMMARY OF WORK for the identification of the general nature of work to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted.

4.07 Refer to Paragraph SC-6.13.C of the Supplementary Conditions for information on Safety and Protection at the site, as it relates to Owner’s safety programs, if any.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by

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Engineer is acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.09 The provisions of this Article 4 do not apply to Hazardous Environmental Conditions at the site; provisions concerning these conditions appear in Article 4, Paragraph 4.06 of the General Conditions.

Article 5 - Availability of Lands for Work

5.01 The lands upon which the Work is to be performed, rights-of-way and easements for temporary or permanent access, and other lands designated for use by Contractor in performing the Work are identified in the Bidding Documents. All additional lands and access required for temporary construction facilities, or storage of construction equipment and of Products to be incorporated in the Work shall be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents.

Article 6 - Interpretations and Addenda

6.01 All questions about the meaning or intent of the Bidding Documents shall be submitted in writing on PennBID. Interpretations, or clarifications, considered necessary by Engineer in response to such questions, will be provided to all bidders. Questions received later than ten calendar days prior to the date for opening of Bids, or the deadline, if any, indicated on the Invitation to Bid, may not be answered. Only questions submitted to and answered in writing on PennBID or by written Addenda issued through PennBid will be binding. Oral statements, interpretations, or clarifications will not be binding, or legally effective. Neither the Owner nor the Engineer shall be responsible for the failure of any Bidder to receive notice of or to read the Addenda posted by the Engineer.

6.02 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

Article 7 - Bid Security

7.01 Each Bid shall be accompanied by Bid security made payable to Owner in an amount of ten (10%) percent of Bidder's maximum Bid price and in the form of a certified or bank check, an irrevocable letter of credit, or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraphs 5.01, 5.02, and 5.03 of the General Conditions.

A. All instruments of Bid security shall be valid and remain in effect for the entire period that the Bids remain open.

B. Substitute Bid Bond forms are not acceptable.

C. An electronic copy of the Bid security must be submitted with the Bid.

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D. If a Bid Bond is used, it shall be mandatory that the power of attorney accompanying the Bid Bond evidencing the authority of the person signing on behalf of the surety company to sign the Bid Bond shall be dated the same date as the Bid Bond. Further, it shall be mandatory that the Bid Bond itself be dated the same date as the Bid, as well as signed by the principal Bidder and the surety company through its authorized representative. Failure to comply with any of the aforesaid shall result in the disqualification of the Bid, which Bid shall not thereafter be considered.

7.02 The Bid security and financial information (if any) of the three apparent lowest responsive and responsible Bidders must remain in effect until the Successful Bidder has furnished the required Performance and Payment Bonds, and Insurance Certificate, and Successful Bidder and Owner have executed the Agreement.

7.03 Owner may annul the Notice of Intent to Award, if the apparent Successful Bidder fails or refuses to execute and deliver to the Owner the Agreement, together with the required Performance and Payment Bonds or other forms of security, and Insurance Certificate, within the number of calendar days specified in the Notice of Intent to Award. Bidder shall be considered in Default, and the full amount of its Bid Security shall be forfeited.

Article 8 - Contract Time

8.01 The number of calendar days within which, or the date by which the Work shall be substantially completed (the Contract Time) are set forth in the Agreement.

Article 9 - Liquidated and Other Damages

9.01 Provisions for liquidated and other damages, if any, are set forth in the Agreement.

Article 10 - Substitutions and “Or Equal” Items

10.01 Bids shall be based on Products and methods covered in the Specifications and shown on the Drawings. When a Product specification includes the name or names of manufacturer(s), Bids shall be based on a Product which: (1) meets all Specification requirements; and (2) is produced by one of the manufacturers specifically named in the Specifications for that particular Product.

A. Requests for substitutions, “or Equal” for Products or methods other than those specified in the Project Manual, will not be considered prior to the Bid opening date. Refer to Supplementary Conditions Paragraphs SC-6.05.A through SC-6.05.L for procedures to be used in making, and costs to Contractor associated with, such requests after award of the Contract.

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Article 11 - Subcontractors

11.01 Article 6, Paragraph 6.06.B of the General Conditions, as amended by Paragraph SC-6.06.B.1 of the Supplementary Conditions, sets forth requirements as to the approval of Subcontractors.

11.02 The Bidder shall submit, with the Bid, a list of proposed Subcontractors on the form supplied with the Bidding Documents.

Article 12 - Bid Form

12.01 The Bid Form and other required Bidding Documents and supplements are included under the “Bid” tab at the PennBid website.

A. All blank spaces for Bid prices must be completed in ink or by typewriter and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. The Bid price of each item on the Bid Form must be stated in numerals and in words. Subject to the Owner's right to correct a Bidder's mathematical totals, a discrepancy between the word and numeral for a particular item will be resolved in favor of the word; corrections to the mathematical totals shall be signed and dated by the person making the correction. When Owner corrects mathematical errors, it shall strike the wrong total with a RED line, so that the original total remains visible.

12.02 The Bid of an individual must be signed by the individual personally; the individual’s signature must be witnessed; and the individual’s business address and any business trade name must be stated. The Bid of a partnership must state the names and addresses of all partners, and the partnership business name and address; and it must be signed by all general partners, with the signatures witnessed. The Bid of a corporation must show the State of incorporation and the principal office address, and must be signed by the President or Vice President, with the corporate seal affixed, attested by the Secretary or Assistant Secretary. Bids by limited liability companies must be executed in the limited liability company name and signed by all members.

The state of formation and official address of the limited liability company must be shown below the signature lines.

12.03 All names must be typed or printed below the signature.

12.04 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers and dates of which must be filled in on the Bid Form).

12.05 The address, e-mail, telephone number, and fax number of Bidder, and the name, e-mail, and telephone number of the individual to whom communications regarding the Bid are to be directed, must be shown.

12.06 The Bid Form may call for lump sum prices, unit prices, or a combination of both.

A. If the Bid form calls for lump sum prices, the Bidder shall state a single lump sum price for the entire Work, or single lump sum prices for each portion of the Work,

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subject to a lump sum price as set forth in the Bid form, as applicable. Any such lump sum price or prices shall include all the work described in the Contract Documents as being part of the Work.

B. If the Bid Form calls for unit prices, the Bidder shall state a single unit price for each item to be furnished or work to be done as set forth in the Bid Form. The Bid Form indicates, opposite each item for which a unit price is required, the Engineer’s estimated quantity of units of such items which will be required in the prosecution of the Work; and the Bidder shall state in the space provided in the Bid Form the total price for such items, as computed by multiplying such estimated quantity of units of such item by the unit price bid.

12.07 Bid prices shall be all inclusive and shall include, if applicable, all taxes of whatever nature applicable to the Work.

12.08 Owner may be exempt from sales and use taxes for certain items to be incorporated into the Work. Each Bidder shall obtain legal advice to determine how and to what extent the Contractor may utilize the Owner’s tax exemption. Owner will provide, at the Contractor’s request, documentation required to obtain applicable tax exemptions.

12.09 Submission of prices for all Alternates, if any, is mandatory.

Article 13 – Electronic Submission of Bids via PennBid

13.01 Bids shall be submitted no later than the date and time, and at the place indicated in the Invitation to Bid. Bids submitted by means other than via the PennBid program will not be accepted.

13.02 The “Bid” tab contains the electronic Bid Form.

A. For Lump Sum line items, enter the lump sum amount to perform all of the Work as described in the Contract Documents.

B. For Unit Price line items, enter the per Unit price in the appropriate field;

PennBid will automatically calculate the extended price for the listed units of Work.

C A unit or lump sum price must be provided for all items and alternates listed on the Bid Form.

13.03 All questions located in the “Bid” section of PennBid must be answered.

13.04 To attach the electronic file containing documents described in Paragraph 12.10 above, click on the “Bid” tab and “browse” (middle of the screen). Locate and click on the file. The electronic file will be attached to your bid submission when the “Submit Bid” button is clicked.

13.05 Bidder shall use forms available from the “Documents” section of PennBid.

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13.06 Each Bidder is solely responsible for submitting its Bid via PennBid by the time and date of the Bid Opening designated in the Invitation to Bid.

13.07 Verifying Bid Was Submitted: If submitted correctly, an acknowledgement will appear in the middle of the computer screen stating “Your bid has been submitted.”

13.08 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS

Attention of Bidders is particularly called to the necessity of complying with all Federal, State, and Local Laws and regulations.

Article 14 - Modification and Withdrawal of Bids

14.01 Bids may be modified or withdrawn at any time prior to the Bid opening.

14.02 After the Bid opening, Bidder may withdraw its Bid, without forfeiture of Bid security, if Bidder submits credible evidence that there is an error in its Bid and such error was a clerical mistake as opposed to a judgement mistake and was due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of the Work; provided: (1) notice of claim of the right to withdraw Bid is made in writing to the Owner within two business days after opening of Bids; and (2) the withdrawal of the Bid will not result in the awarding of the Contract on another Bid of the same Bidder, Bidder's partner, or a corporation, or business venture owned by Bidder, or in which Bidder has a substantial interest. A Bidder who is permitted to withdraw its Bid shall not supply any Products or labor to, or perform any subcontract, or other work, for any entity awarded a Contract, or subcontract for performance of the Work for which the withdrawn Bid was submitted. If Bidder fails or refuses to submit credible evidence for withdrawing its Bid, within the time specified above, Bidder shall forfeit the entire amount of its Bid security.

Article 15 - Opening of Bids

15.01 Upon review of submitted Bids, results will be posted online at PennBid website. Results shown on PennBid website are for information only and do not constitute the issuance of award of a contract. Selection of apparent low Bidder will be made by Owner after careful review of submitted documentation, as described below under Article 17.

15.02 An abstract of the amounts of Base Bids and major Alternates (if any) will be made available to Bidders after the opening of Bids.

Article 16 - Bids to Remain Subject to Acceptance

16.01 Bids shall remain open for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. The Owner will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty-day extensions of the date for the award may be made by the mutual written consent of the Owner and the apparent Successful Bidder.

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Article 17 - Award of Contract

17.01 Owner reserves the right, without limitation, to reject any or all Bids, which are nonconforming, nonresponsive, unbalanced or conditional, and to reject the Bid of any Bidder, if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all irregularities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

17.02 The Owner will resolve discrepancies in the Bidder’s mathematical totals, shown on the hard copy of the Bid Form, in favor of the electronically calculated totals shown on PennBid.

17.03 In evaluating Bids, Owner will consider the qualifications of Bidders, if the Bids comply or do not comply with the prescribed requirements, and such Alternates, unit prices, and other data, as may be listed on the Bid Form, or as may be requested by Owner prior to the Notice of Intent to Award.

17.04 In evaluating Bids Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work of which Owner, prior to Notice of Intent to Award, requests their identity. Owner also may consider, where applicable, the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice of Intent to Award.

17.05 In evaluating Bids Owner may conduct such investigations, as Owner deems necessary, to assist in the evaluation of any Bid and to establish the responsibility, qualifications, legal status and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations, to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

17.06 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

17.07 If the Contract is to be awarded, Owner will give the apparent Successful Bidder a Notice of Intent to Award within the time limits prescribed in Article 16.

17.08 Bidders may be required by Owner, prior to and as a condition of Contract award, to execute and sign documents related to financing of the Project.

17.09 More than one bid from an individual, partnership, corporation, or an association under the same name or different names will not be considered. Reasonable grounds for believing that the Bidder is interested in more than one Bid for the same Work will cause the rejection of all Bids in which such Bidder is interested. Any or all Bids will be rejected if there is any reason for believing that collusion exists among any of the Bidders; participants in such collusion will not be considered in future bidding.

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17.10 Alternates, if any, will be considered and selected by Owner and the prices for the selected Alternates will be added to or deducted from the Base Bid price to arrive at an adjusted Bid price. Owner reserves the right to reject or select Alternates regardless of price attached to such Alternates. The adjusted Bid price will be used in comparing Bids and will be the basis for determining the "lowest" of all responsible, responsive Bidders.

17.11 Successful Bidder and its subcontractors shall submit Employment Verification Forms, in accordance with the PA “Public Works Employment Verification Act” (Act 127 of 2012), prior to and as a condition of award of a contract.

Article 18 - Contract Bonds and Insurance

18.01 Article 5 of the General Conditions sets forth Owner's requirements as to Performance and Payment Bonds to be provided by the Contractor. When the apparent Successful Bidder delivers the signed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds, each in the amount of one hundred percent (100%) of the Contract Price, on the forms provided in the Bidding Documents. Substitute Bond forms are not acceptable.

18.02 Article 5 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to insurance to be carried by the Contractor. When the apparent Successful Bidder delivers the signed Agreement to the Owner, it must be accompanied by the required insurance certificate on the latest version of the Acord 25 Certificate of Insurance form. All policies of insurance shown on the Certificate of Insurance shall not be cancelled or materially changed until thirty days prior notice has been given by Contractor to Owner and Engineer and to each additional insured and shall contain waiver provisions in accordance with General Conditions, Paragraph 5.07.

Article 19 - Signing of Agreement

19.01 When Owner gives a Notice of Intent to Award to the apparent Successful Bidder, it will be accompanied by four unsigned counterparts each of the Agreement (each with a copy of the Bid submission and, if applicable, the List of Proposed Subcontractors attached), Performance and Payment Bonds, or other forms of financial security. Apparent Successful Bidder shall sign and deliver to the Owner, within the calendar days specified in the Notice of Intent to Award, all counterparts of the Agreement accompanied by the executed Performance and Payment Bonds (with a Power-of-Attorney certificate attached to each), or other forms of financial security and four originals of the required insurance certificate(s).

A. Successful Bidder(s)/Contractor(s) shall be responsible for all costs resulting from reviewing by Engineer, or others, of non-conforming, or incomplete Contract Document submissions prior to execution of an Agreement. Costs shall be deducted by Change Order from Contractor’s first Application for Payment.

19.02 If the Owner finds the documents submitted by the apparent Successful Bidder acceptable, it will, within ten (10) calendar days after receipt of such documents, complete the signing of the Agreement and submit two fully executed counterparts and accompanying documents to the Contractor.

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19.03 If the Owner elects to issue a Notice to Proceed, such notice will accompany the fully executed copies of the Agreement. If a Notice to Proceed is not issued, the Contract Times will commence to run as specified in General Conditions, Paragraph 2.03, as amended by Supplementary Conditions Paragraph SC-2.03.

19.04 Owner may annul the Intent to Award, if the apparent Successful Bidder fails or refuses to execute and deliver to the Owner the Agreement, together with the required Performance and Payment Bonds, Insurance Certificate, and any other required Contract Document(s), within the number of calendar days specified in the Notice of Intent to Award; Bidder shall be considered in Default, and the full amount of its Bid Bond shall be forfeited.

Article 20.0 - Pre-Bid Meeting and Site Visit

20.01 A pre-bid meeting and site visit will be held at the time and place set forth in the Invitation to Bid. Engineer will transmit to all prospective Bidders present at the pre-bid meeting and site visit such Addenda, as Engineer considers necessary in response to questions arising at the meeting. Attendance at the pre-bid meeting and site visit is not mandatory.

END OF INSTRUCTIONS TO BIDDERS

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DOCUMENT 00300

BID FORM

BIDDER (Name and Address):

PROJECT IDENTIFICATION: NEW COLUMBUS PARK IMPROVEMENTS –

PHASE I

THIS BID IS SUBMITTED TO: Borough of Nesquehoning 114 West Catawissa Street Nesquehoning, PA 18240

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Bidding Documents for the Contract Price and within the Contract Time(s) and in accordance with the other terms and conditions of the Bidding Documents.

2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. Thirty-day extensions of the date for the award may be made by the mutual written consent of the Owner and the apparent Successful Bidder. Bidder agrees, if required by Owner prior to and as a condition of Contract award, to execute and sign any documents related to financing of the Project. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Documents within 15 days after the date of Owner’s Notice of Intent to Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

3.1 Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged):

Date Number

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3.2 Bidder has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work;

3.3 Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work.

3.4 Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.2.1 of the General Conditions. Bidder acknowledges that such reports and drawings are not Bidding Documents or Contract Documents and may not be complete for Bidder’s purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Bidding Documents and Contract Documents.

3.5 Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Bidding Documents and Contract Documents.

3.6 Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Bidding Documents and Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents and Contract Documents.

3.7 Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Bidding Documents and Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

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3.8 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

4. Bidder will complete the work for the unit prices and lump sum prices given below:

Description Unit Estimated Quantity

Labor Unit Price

Material/ Equipment Unit Price

Extended Price In Figures

1. Mobilization and Demobilization E.A. 1 $_______ $__________ $____________

2. Sawcut and Removal of Existing Asphalt S.Y. 220 $_______ $__________ $____________

3. Grout Seal Cracks L.S. 1 $_______ $__________ $____________

4. Petrotac Membrane L.S. 1 $_______ $__________ $____________

5. French Drain Installation L.F. 128 $_______ $__________ $____________

6. Leveling (90lb) Courts TON 42 $_______ $__________ $____________

7. Resurface Courts (9.5MM, 1.5” Depth) TON 84 $_______ $__________ $____________

8. Basketball Posts & Backstops E.A. 2 $_______ $__________ $____________

9. Line Painting (Basketball Court) L.S. 1 $_______ $__________ $____________

10. Line Painting (Pickleball Court) L.S. 1 $_______ $__________ $____________

11.

Posts and Nets (Pickleball Court) L.S. 1 $_______ $__________ $____________

12. Provide and Install Chain Link Fence (12’ High). Including three

(3) Gates L.F. 380 $_______ $__________ $____________

13. Vegetative Restoration of Asphalt Removal Area SY 220 $_______ $__________ $____________

14. 6” 2A Coarse Aggregate (Access Path and Parking Areas) S.Y. 200 $_______ $__________ $____________

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Description Unit Estimated Quantity

Labor Unit Price

Material/ Equipment Unit Price

Extended Price In Figures

15. Electrical Conduit (1” Sch 40) L.F. 500 $_______ $__________ $____________

16. Electrical Wiring L.F. 500 $_______ $__________ $____________

17. Garden Post w/ GFI Outlet & Light Fixture E.A. 10 $_______ $__________ $____________

18. Driveway Apron (16’ width) L.S. 1 $_______ $__________ $____________

19. 19.0MM Base Coarse, 3” Depth (Parking Area) S.Y. 36 $_______ $__________ $____________

20. 9.5MM, 1.5” Depth (Parking Area) S.Y. 36 $_______ $__________ $____________

21. 9.5MM, 2” Depth (Access Path) S.Y. 200 $_______ $__________ $____________

22. Parking Block E.A. 1 $_______ $__________ $____________

23. Line Painting, ADA Parking Sign and Pavement Markings E.A. 1 $_______ $__________ $____________

24. Trash Receptacle E.A. 1 $_______ $__________ $____________

25. DCNR Funding Acknowledgement Sign E.A. 1 $_______ $__________ $____________

26 Installation / Assembly of Benches E.A. 3 $_______ $__________ $____________

BID PRICE (Words)

Quantities given above are not guaranteed. Final payment will be based on actual quantities.

Any difference between estimated and final quantities, or increase in market value of Products and services, will not be considered reason for increase of unit prices.

Bidders Name: __________________________________________________________________

5. Bidder agrees that the Work will be substantially complete on or before the dates or within the number of calendar days indicated in the Agreement.

Bidder accepts the provisions of the Agreement as to liquidated or other damages in the event of failure to complete the Work on time.

6. The following documents are attached to and made a condition of this Bid:

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6.1 Required Bid Security in the form of ____________________________________

6.2 Experience Questionnaire; Document 00400.

6.3 List of Proposed Subcontractors; Document 00450.

6.4 Evidence of Bidder’s and its Subbidder(s) qualification to do business in the Commonwealth of Pennsylvania or covenant to obtain such qualification prior to and as a condition of award of the Contract (to be provided if Bidder/Subbidder is out of State).

6.5 Affidavit of Non-Collusion; Document 00460.

6.6 Public Works Employment Verification Form; Document 00470.

7. Communications concerning this Bid will be addressed to (Bidder’s Contact Person):

Phone: ( ) Fax: ( ) Company Email Address:

8. The terms used in this Bid are defined and have the meanings assigned to them in the General Conditions, as may be amended by the Supplementary Conditions, included as part of the Bidding Documents.

9. Bidder acknowledges that the Bid Price is based on Products and methods described and named in the Drawings and the Specifications.

SUBMITTED on _________________________________, 20_____.

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(If Bidder is an Individual)

Signature of Witness Signature of Individual

Trading and doing business as:

Name of Business

Address of Business (If Bidder is a Limited Liability Company – All General Partners/Members Must Sign)

Name of Company

Address of Company

Signature of Witness Signature of General Partner/Member

Signature of Witness Signature of General Partner/Member

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(If Bidder is a Partnership - All General Partners Must Sign)

Name of Partnership

Address of Partnership

Signature of Witness Signature of Partner

Signature of Witness Signature of Partner

Signature of Witness Signature of Partner

(If Bidder is a Corporation)

Attest:

Name of Corporation

Signature of Secretary or Assistant Secretary

Address of Principal Office

(Corporate Seal) State of Incorporation

Signature of President or Vice President

Type or print name below each signature.

State here the names and addresses of all partners, if a partnership, or of three principal officers, if a corporation.

11233.15 00350-1 ARRO

DOCUMENT 00350

BID BOND

BIDDER (Name and Address): SURETY (Name and Address):

OWNER (Name and Address): Borough of Nesquehoning 114 West Catawissa Street Nesquehoning, PA 18240

PROJECT NEW COLUMBUS PARK DEVELOPMENT –

PHASE I

Bid Date:

Project Identification: General Construction

Contract Number and Identification:

BOND

Date:

Amount:

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 full face amount of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents, the executed Agreement required by the Bidding Documents, and any Performance Bonds, Payment Bonds, Certificates of Insurance, or other documents required by the Bidding Documents and Contract…