Bid Document

FY2023

Public Facilities

ADA Handicap Ramp

For

Packer Township, Pennsylvania

Prepared By:

Carbon Engineering Inc.

350 North Pine Street

Summit Hill, Pa 18250

Phone: (570) 645-9545

Fax: (570) 645-6413

E-mail: carbonei@ptd.net

Carbon County

Office of Planning & Development

44 Susquehanna Street

P.O. Box 210

Jim Thorpe, Pa 18229

(570) 325-3671

Bid Instructions

Important!!!!!

Below are instructions in filling out and returning your bid. Please read carefully and fallow these instructions. Your cooperation is greatly appreciated.

1. Read everything very carefully.

2. Return pages 1-7 and 11-15 in Part II Signature Documents.

3. Remember to fill out & return BID BOND on pages 4-5 of Part

II Signature Documents.

4. Please read pages 8-10 regarding MBE/WBE and Section 3 carefully and complete pages 11 &12. N/A will not be an acceptable response for these pages. Please refer to Part IV – Federal Requirements Section 6 and Section 11 for detailed information.

5. Please refer to the 3 pages of MBE/WBE-Section 3 Solicitation instructions along with a list of companies that provide MBE/WBE- Section 3 compliance just before the Agreement at the end of the Bid Document.

6. Do not forget to send back Bid Form located at the end of Part VII Technical Specifications.

7. Please complete and return the PUBLIC WORKS EMPLOYMENT VERIFICATION FORM at the back of the Bid Document & submit with bid package.

8. For any questions please refer to contact info on cover of the bid package.

9. RETURN BID PACKAGE WITH PAGE (1)

AS COVER AND KEEP PAGES IN ORDER.

Thank you for your cooperation.

Carbon County Office of Planning and Development i

CONTRACT DOCUMENTS

TABLE OF CONTENTS

PAGE

PART I – INVITATION FOR BIDS

PART II – SIGNATURE DOCUMENTS

Bid

Statement of Bidder’s Qualifications

Bid Bond

Non-Collusion Affidavit of Prime Bidder

Certification of Non-Segregated Facilities and Non-Employment of Illegal Alien Labor

Minority and Women’s Business Enterprise Bidder Instructions

Section 3 Bidder Instructions

Section 3 Clause…

Section 3 Workforce Needs Table

MBE/WBE Section 3 Contract Solicitation and Commitment Statement

Nondiscrimination/Sexual Harassment Clause

Public Works Employment Verification Act

American Recovery and Reinvestment Act………………………………………………….………15

PART III – CONTRACT CONDITIONS

SECTION 1 – GENERAL

1.1 Definitions

1.2 Scope of Work

SECTION 2 – CONTRACT AND CONTRACT DOCUMENTS

2.1 General

2.2 Bidding Documents

2.3 Contractual Documents

2.4 Plans and Specifications

2.5 Notice of Change of Address

ii

2.6 Assignment of Contract

2.7 Modification of Contract

2.8 Oral Agreements

SECTION 3 – INSURANCE, BONDS AND RELATED MATTERS

3.1 CONTRACTOR's Liability Insurance

3.2 OWNER's Liability Insurance

3.3 Property Insurance

3.4 Waiver of Rights

3.5 Receipt and Application of Insurance Proceeds

3.6 Limits of Insurance Coverage

3.7 Partial Utilization--Property Insurance

3.8 Indemnification

3.9 Surety Bonds

SECTION 4 – RESPONSIBILITY OF THE ENGINEER

4.1 General

4.2 Observation of the Work

4.3 Acceptance of Work

4.4 ENGINEER is OWNER'S Representative

SECTION 5 – OWNER'S RIGHTS AND RESPONSIBILITIES

5.1 Lands and Rights of Way

5.2 Permits

5.3 Base Lines and Grades

5.4 OWNER'S Right to Correct Deficiencies

5.5 Underground Structures

5.6 OWNER'S Right to Stop Work or Terminate Contract

SECTION 6 – CONTRACTOR’s RIGHTS AND RESPONSIBILITIES

6.1 General

6.2 Applicable Laws and Regulations

6.3 Permits, Licenses and Certificates

6.4 Structures or Work in Navigable Streams

6.5 Permits and Inspection Charges

6.6 Project Signs

6.7 CONTRACTOR’s Right to Stop Work or Terminate Contract

iii

6.8 Underground Structures

6.9 Surveys

6.10 Lands by CONTRACTOR

6.11 Private and Public Property

6.12 Reports, Records and Data

6.13 Materials and Equipment - Sources of Supply

6.14 Examination and Testing

6.15 Specified Brands of Materials

6.16 Title to Materials

6.17 Patents, Royalties and Licenses

6.18 Supervision by CONTRACTOR

6.19 CONTRACTOR Responsible Until Work Completed

6.20 Light, Heat, Power and Water

6.21 Sanitary Provisions

6.22 Safety Provisions

6.23 Work During an Emergency

6.24 Warning Signs and Barricades

6.25 Public Convenience

6.26 Protection, Support and Maintenance of Structures

6.27 Weather Conditions

6.28 Protection Against Freezing

6.29 Removal of Water

6.30 CONTRACTOR to Provide Watchmen

6.31 Fires, Signs, Loading and Refuse

6.32 Use of Premises and Removal of Debris

6.33 Erosion and Sedimentation Control

6.34 Employment Requirements

6.35 Minority and Women Business Enterprises

6.36 Section 3

6.37 Date of Starting and Completing Work

6.38 Order of Work

6.39 Prosecution of Work

6.40 Competent Workers

6.41 Subcontracting

6.42 Work by Others

iv

6.43 Cooperation of Trades

6.44 Cooperation of CONTRACTORS

6.45 Notice of Imperfect Work or Material

SECTION 7 – PAYMENTS TO THE CONTRACTOR

7.1 Detailed Breakdown of Contract Amount

7.2 Partial Monthly Payments

7.3 Retainage

7.4 Payment for Uncorrected Work

7.5 Payment for Removal of Rejected Work and Materials

7.6 Estimates of ENGINEER to be Final

7.7 Stated Allowances

7.8 Requests for Extra Compensation

7.9 No Charge for Delay

7.10 Liquidated Damages

7.11 Final Payment

7.12 Acceptance of Final Payment Constitutes Release

PART IV – FEDERAL REQUIREMENTS

SECTION 1 – TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

SECTION 2 – EXECUTIVE ORDER 11063, AS AMENDED

SECTION 3 – EXECUTIVE ORDER 11246, AMENDED BY EXECUTIVE ORDER 12086

3.1 Conditions If Contract Amount Less Than $10,000

3.2 Conditions If Contract Amount Exceeds $10,000

3.3 Notice of Requirements for Affirmative Action

3.4 Standard Federal EEO Construction Contract Specifications

SECTION 4 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

SECTION 5 – FEDERAL LABOR STANDARDS PROVISIONS

5.1 Applicability

5.2 Minimum Wage Rates for Laborers and Mechanics

SECTION 6 – SECTION 3 OF HOUSING AND URBAN DEVELOPMENT ACT OF 1968

6.1 Provisions

6.2 Goals

v

6.3 Required Efforts

6.4 Responsibility

6.5 Access to Information

6.6 Noncompliance

6.7 Recordkeeping and Reporting

SECTION 7 – LEAD BASED PAINT REQUIREMENTS

SECTION 8 – CLEAN AIR AND CLEAN WATER ACTS

SECTION 9 – ENERGY CONSERVATION PROVISIONS

SECTION 10 – SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT

ACT OF 1974

SECTION 11 – MINORITY/WOMEN BUSINESS ENTERPRISES

11.1 Participation Level

11.2 Responsiveness

11.3 Responsibility

11.4 Access to Information

11.5 Contract Provisions

11.5 Grantee Compliance Procedures

11.5 Recordkeeping and Reporting

SECTION 12 – AGE DISCRIMINATION ACT OF 1975

SECTION 13 – SECTION 504 OF THE REHABILITATION ACT OF 1973

PART V – STATE REQUIREMENTS

SECTION 1 – PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT

SECTION 2 – PENNSYLVANIA HUMAN RELATIONS ACT, AS AMENDED

SECTION 3 – PUBLIC WORKS EMPLOYMENT VERIFICTION FORM

PART VI – GENERAL SPECIFICATIONS

SECTION 1 – PROJECT SITE

SECTION 2 – TIME FOR COMPLETION

SECTION 3 – LIQUIDATED DAMAGES

vi

SECTION 4 – RESPONSIBILITIES OF CONTRACTOR

SECTION 5 – COMMUNICATIONS

SECTION 6 – JOB OFFICES

SECTION 7 – PARTIAL USE OF SITE IMPROVEMENTS

SECTION 8 – WORK BY OTHERS

SECTION 9 – CONTRACT DOCUMENTS AND DRAWINGS

SECTION 10 – PROGRESS SCHEDULE

SECTION 11 – SUBSTITUTION

SECTION 12 – SIGNS, BARRICADES, LIGHTS

SECTION 13 – PROTECTION OF EXISTING SITE CONDITIONS

SECTION 14 – REDUCTION IN WORK

SECTION 15 – ENGINEER’S RESPONSIBILITY AND AUTHORITY

SECTION 16 – TEMPORARY SUSPENSION OF CONSTRUCTION

SECTION 17 – INTENT OF PLANS AND SPECIFICATIONS

SECTION 18 – WORK INCIDENTAL TO CONTRACT ITEMS

SECTION 19 – CONSTRUCTION RESERVATION

SECTION 20 – DAMAGE TO EXISTING CONSTRUCTION

SECTION 21 – DISPOSAL OF EXISTING MATERIALS

SECTION 22 – PUBLIC CONVENIENCE AND SAFETY

SECTION 23 – STORAGE OF MATERIALS

SECTION 24 – GENERAL GUARANTY

SECTION 25 – PRICE ADJUSTMENT OF BITUMINOUS MATERIALS (ESCALATOR CLAUSE) .. 97

PART VII – TECHNICAL SPECIFICATIONS

PART VIII – PREVAILING WAGE RATES

PART I

INVITATION FOR BIDS

INVITATION FOR BIDS

The County of Carbon will receive bids until 10:30 A.M., prevailing local time, Thursday, June 4, 2026, via the PennBid Program. No hardcopy or hand delivered submissions will be accepted. The bid results will be displayed publicly on Penn Bid and read aloud at the regular meeting of the Carbon County Commissioners at 10:30 A.M., prevailing local time, Thursday, June 4, 2026, at the Commissioners' Conference Room, Third Floor, Carbon County Administration Building, Jim Thorpe, PA, 18229. Bids are invited for the following:

Packer Township: Public Facilities, ADA Handi Cap Ramp – FY2023

Contract documents, including Drawings and Technical Specifications, may be obtained at no cost via the PennBid Program: www.pennbid.com. Addenda, if any, will be issued online at the www.pennbid.com site with the contract documents. A TDD number is available for any person with hearing impairments (570-732-0084).

A certified check or bank draft, payable to the Order of the County of Carbon, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total of the Bid shall be submitted with each bid. The Bidder shall include the fully completed Non-collusion Affidavit with the bid.

In addition to the Equal Employment requirements of Executive Order 11246 regarding discrimination, the CONTRACTOR must establish a 6.9% goal for female participation and a 1% goal for minority participation in his/her aggregate on-site construction workforce for contracts in excess of $10,000.

The Carbon County Office of Planning and Development is utilizing federal funds for these projects, and has adopted a Minority and Women Business Enterprise (MBE/WBE) in accordance with Executive Orders 11625, 12138, and 12432 and a Section 3 Action Plan in accordance with Title 24 Part 135 Code of Federal Regulations. As such, the bidders must submit documentary evidence of minority and women business enterprises and Section 3 business concerns that have been contacted and to whom commitments have been made. Documentation of such must be submitted with the bid.

Moreover, the CONTRACTOR shall strive to meet the MBE goal of 5% and the WBE goal of 3% for contracts of $25,000 or more. The Section 3 Action Plan applies to contracts of $100,000 or greater and requires the CONTRACTOR to strive to meet the minimum participation level of 10% of the contract amount to be awarded to Section 3 business concerns, and 30% of all new hires shall be Section 3 residents. MBE/WBE and Section 3 business concerns shall be afforded full opportunity to bid without discrimination. Contractor is obligated to make a “diligent effort” to achieve all goals. Davis-Bacon and Related Acts apply to this Project.

Bids may be held by the COUNTY for up to 90 days from the date of opening for the purposes of reviewing the bids and investigating the qualifications of bidders prior to awarding the contract. The COUNTY reserves the right to reject any or all bids, to waive any irregularities, or to negotiate contract amounts.

COUNTY OF CARBON

Michael J. Sofranko, Chairman http://www.pennbid.com/

Classified display AD – 3 Col. X necessary

Please Publish: Tuesday, May 5; Thursday, May 7; and Wednesday, May 13, 2026

Bill & Proof of Publication: Carbon County Office of Planning & Development Attn: Jennifer Brown PO Box 210, 44 Susquehanna Street Jim Thorpe, Pa 18229

PART II

SIGNATURE DOCUMENTS

PART II

BID

To the THE COUNTY OF CARBON OFFICE OF THE CONTROLLER,COUNTY OF CARBON, 2 HAZARD SQUARE, COURTHOUSE ANNEX

P.O. BOX 59 JIM THORPE, PA. 18229

Gentlemen:

1. The undersigned, having familiarized (himself/herself/themselves) with the existing conditions on the Project area affecting the cost of the Work, and with the Contract Documents, including the Invitation for Bids, Signature Documents, the form of Bid, the form of Bid Bond, the form of Contract, the Non-Collusion Affidavit, the form of Surety Bond or Bonds, the Contract Conditions, Federal Requirements, State Requirements, Specifications, and Addenda, as prepared by The County of Carbon, and on file in the office of Planning and Development, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete the project REFER TO THE AGREEMENT PAGES 1-2 all in accordance with the above-listed documents, for the Base Bid sum of _______________________________________________ dollars ($______________).

2. In submitting this Bid, the bidder understands that the right is reserved by the COUNTY OF

CARBON to reject any and all Bids. If written notice of the acceptance of this Bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the opening thereof, or at any time thereinafter before this Bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond or bonds within ten (I0) days after the Agreement is presented to him/her for signature.

3. Security in the sum of ____________________________________ dollars ($__________), in the form of ______________________________, is submitted herewith in accordance with the Instructions to Bidders.

4. Attached hereto is an affidavit in proof that the undersigned has not entered into a collusive agreement with any person in respect to this Bid or any other Bid or the submitting of Bids for the Contract for which this Bid is submitted.

5. The bidder is prepared to submit a financial and experience statement upon request.

6. The undersigned represents that he/she is in receipt of the following number of Addenda. (If no Addenda are issued, insert the word “none” in the following space.)

Witness Signature

Name, Title (Please Print)

Date

RETURN WITH BID PACKAGE

THIS PAGE MUST BE COMPLETELY FILLED OUT AND

RETURNED AS THE COVER PAGE IN THE BID DOCUMENT

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered, and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate, attached sheets. The bidder may submit any additional information he/she desires.

1. Name of bidder.

2. Permanent main office address.

3. When organized.

4. If a corporation, where incorporated.

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.)

7. General character of work performed by your company.

8. Have you ever failed to complete any work awarded to you? If so, where and why?

9. Have you ever defaulted on a contract? If so, where and why?

10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed.

11. List your major equipment available for this contract.

12. Experience in construction work similar in importance to this Project.

13. Background and experience of the principal members of your organization, including the officers.

14. Credit Available: $____________________

15. Give bank reference: ____________________________________

16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the (OWNER)?

17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the (OWNER) in verification of the recitals comprising this Statement of Bidder's Qualifications.

Dated at __________ this ___________ day of __________________, 20__.

(Name of Bidder)

By: _______________________________

Title: ______________________________

State of _____________________)

County of ____________________)

______________________________________________, being a duly sworn representative of (Name of Bidder) , deposes and says that all statements herein contained are true and correct.

Subscribed and sworn to before me this ______ day of __________, 20___.

______________________ Notary Public

My commission expires __________________, 20___.

RETURN WITH BID PACKAGE

STATEMENT OF BIDDER'S QUALIFICATIONS (continued)

Certifications:

I, ____________________________________________________________, certify that I am the _______________________________________of the Corporation named as

CONTRACTOR herein; that ____________________________________________ who signed this Agreement on behalf of the CONTRACTOR, was the

______________________________________________________ of said Corporation; that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.

Title: ________________________________

(Corporate Seal)

BID BOND

KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED

_________________________________________ as PRINCIPAL; and

_________________________________________ as SURETY, are held and firmly bound unto The County of Carbon, hereinafter called the "OWNER," in the penal sum of __________________ Dollars ($_______________), lawful money of the United States of America, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated _________________________, ______, for _________________________________________ (description of work).

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 the said opening, and shall within the period specified therefore, or if no period be specified, with ten

(10) days after the prescribed forms are presented to him/her for signature, enter into a written Contract with the OWNER in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, 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 time specified, if the Principal shall pay the OWNER may procure the required Work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded 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 presentees signed by its undersigned representative, pursuant to authority of its governing body.

INDIVIDUAL OR PARTNERSHIP PRINCIPALS

_____________________________________ (SEAL)

In the presence of: _____________________________________ (SEAL)

CORPORATE PRINCIPAL

ATTEST: ___________________________________________

____________________________ BY: __________________________________(SEAL)

SURETY

ATTEST: ___________________________________________

____________________________ BY: __________________________________(SEAL)

Countersigned:

BY: __________________________________

Attorney-in-fact, State of ________________________________

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, _______________________, certify that I am the _________________________, Principal in the within bond; that _______________________________, who signed the said bond on behalf of the Principal, was then ________________________ of said Corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested to for and on behalf of said Corporation by authority of his/her governing body.

Title: ______________________________________

(CORPORATE SEAL)

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of ________________________________________)

County of _______________________________________)

______________________________________, being first duly sworn, deposes and says that:

1) He/She is (Owner, Partner, Officer, Representative or Agent) of __________________, the bidder that has submitted the attached Bid;

2) He/She 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 affiant, 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 for the Bid prices or the Bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the ___________________________________ 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 or any of its officers, partners, agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed

Title

Subscribed and sworn to before me this _________ day of __________________, 20__

Title __________________________________

My commission expires _______________________________

CERTIFICATION OF NON-SEGREGATED FACILITIES

AND NON-EMPLOYMENT OF ILLEGAL ALIEN LABOR

The Bidder certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Employment Opportunity Clause in any contract resulting from acceptance of this Bid. As used in this certification, the term “segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he/she has obtained identical certifications from proposed subcontractors) prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Employment Opportunity Clause, that he/she will retain such certifications in his/her files.

The Bidder further certifies in accordance with Act 43 (PL May 11, 2006) that he/she shall not knowingly employ, or knowingly permit any of its subcontractors to knowingly employ, the labor services of an illegal alien.

In the event that the Bidder

(a) knowingly employs or knowingly permits any of its subcontractors to knowingly employ, the labor services of an illegal alien; and

(b) the Bidder or any of its subcontractors are sentenced under Federal law for an offense involving knowing use of labor by an illegal alien, The Bidder shall be subject to penalty as prescribed in Pennsylvania Act 43 (PL May 11, 2006).

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. § 1001.

Date: __________________, 20___ _________________________________ (Name of Bidder)

Official Address By: _____________________________ (including ZIP CODE):

(Title)

Employer Identification Number ______________________________________

MINORITY AND WOMEN’S BUSINESS ENTERPRISE

BIDDER INSTRUCTIONS

This Project is funded in part with Community Development Block Grant (CDBG) funds. In accordance with CDBG rules and regulations, municipalities must uphold the conditions of the Minority/Women’s Business Enterprise (MBE/WBE) Action Plan. The objective of the plan is to facilitate the strengthening and expansion of MBE/WBE business concerns.

The minimum participation level of five percent (5%) for Minority Business Enterprises and three percent (3%) for Women Business Enterprises MBE/WBE has been established. The successful bidder will be required to submit evidence that these goals have been met either through his/her own employment practices or through the use of MBE/WBE subcontractors and vendors. Failure to comply may result in the bidder being determined not responsible.

In preparation of your bid, you shall contact MBE/WBE firms listed in these bid documents in order to solicit subcontractor and supplier proposals. You may also contact other MBE/WBE firms of which you are aware.

As part of your bid, you are expected to complete and submit the MBE/WBE Contract Solicitation and Commitment Statement form. This form will be used during bid review to ascertain your level of MBE/WBE utilization. Your efforts and success in utilizing these firms will be one of the tests of bidder responsibility. Failure to meet this Project’s MBE/WBE goal does not automatically disqualify your bid; however, the MBE/WBE Bidder Certification must be submitted with the bid. At the municipality’s discretion, elements of the MBE/WBE may be waived, provided the bidder can submit adequate evidence of an effort to enlist MBE/WBE subcontractors and suppliers for the Project.

If you are the successful bidder you will be expected to document, at the pre-construction conference, your efforts to solicit MBE/WBE business enterprises, and to confirm the percentage of participation you will achieve.

Finally, at the completion of the Project and before final payment, you will be required to furnish a completed Minority/Women Business Enterprise Utilization Report for yourself and your subcontractors along with a Minority/Women Business Certification form, if applicable.

READ CEARFULLY (DO NOT RETURN)

SECTION 3 BUSINESS CONCERNS

BIDDER INSTRUCTIONS

This Project is funded in part with Community Development Block Grant (CDBG) funds. In accordance with CDBG rules and regulations, municipalities must uphold the conditions of the Section 3 Action Plan. The objective of the plan is to promote local economic development, neighborhood economic improvement, and individual self-sufficiency for low- and very low-income individuals and business concerns as summarized in the “Section 3 Clause” included herein.

Section 3 minimum numerical goals apply to any contractor who provides labor when a contract is greater than $100,000. The bidder must attempt to meet the minimum numerical goals of contracting at least ten percent (10%) of the total project construction cost to Section 3 business concerns. Additionally, the bidder must attempt to employ Section 3 residents resulting in at least thirty percent (30%) of the aggregate number of new hires. Failure to comply may result in the bidder being determined not responsible.

As part of your bid, you are expected to complete and submit the Section 3 Workforce Needs Table and the Section 3 Contract Solicitation and Commitment Statement form. This form will be used during bid review to ascertain your level of Section 3 utilization. Your efforts and success in utilizing these firms will be one of the tests of bidder responsibility. Failure to meet this Project’s Section 3 goal does not automatically disqualify your bid. However, contractors and subcontractors failing to meet the goals must document actions taken to comply with the Section 3 requirements. At the municipality’s discretion, elements of the Section 3 may be waived, provided the bidder can submit adequate evidence of an effort to enlist Section 3 residents and business concerns for the Project.

If you are the successful bidder you will be expected to document, at the pre-construction conference, your efforts to solicit Section 3 residents and business concerns, and to confirm the percentage of participation you will achieve.

Finally, at the completion of the Project and before final payment, you will be required to furnish a completed Section 3 Business Enterprise Utilization Report for yourself and your subcontractors, if applicable.

READ CAREFULLY (DO NOT RETURN)

SECTION 3 CLAUSE

A. The work to be performed under this contract is subject to the requirements of Section 3 of the

Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3}. Section 3 requires that to the greatest extent feasible opportunities from training and employment be given to lower income residents of the project area and contracts for work in connection with the project to be awarded to business concerns that are located in or owned in substantial part by persons residing in the area of the project.

B. The parties to the contract will comply with the provisions of Section 3. The parties to the contract certify and agree that they are under no contractual or other disability which would prevent from complying with these requirements.

C. The Contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the labor organization or workers' representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment training.

D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon finding that the subcontractor is in violation of these regulations.

E. Compliance with the provisions of Section 3 and the regulations set forth in 24 CFR Part 135, is a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns.

F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and sub contracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

WORK FORCE NEEDS TABLE

EMPLOYEES

EMPLOYMENT CERTIFICATION

The CONTRACTOR hereby certifies that the above table represents the approximate number of employee positions that are needed and are not presently filled by regular and permanent employees, for which new employees will be required in the execution of the ___________________________________ contract, and also represents the number of lower income Project area residents that the CONTRACTOR proposes to make a good faith effort to employ.

The CONTRACTOR certifies that he/she will make a good faith effort to employ the number of lower income employees by following the OWNER’S Section 3 Action Plan.

The CONTRACTOR, prior to subcontracting any portion of the Work covered by this contract, will require this Work Force Needs Table and certification to be executed.

The CONTRACTOR certifies that any vacant employment positions, including training positions that are filled (1) after the CONTRACTOR is selected but before the contract is executed, and (2) with persons other than those, to whom the regulations of Section 3 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligation under Section 3.

Signature Date

1 The following are the occupational category classifications that should be inserted in the Table:

1. Asbestos Workers 7. Glaziers 13. Plasterers

2. Brick Layers 8. Iron Workers 14. Plumbers

3. Carpenters 9. Lathers 15. Roofers

4. Cement Masons 10. Machinists 16. Sheet Metal

5. Electricians 11. Operating Engineers 17. Tile Setters

6. Elevator Constructors 12. Painters 18. Other (Specify)

Occupation Category1

Approximate Number of Skilled Employees

Required

Total Number of Skilled Employees

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NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

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 by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or 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 by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or 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 in writing 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 for employees with an established work site.

4. The Grantee, any subgrantee, contractor or any subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or 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 Diversity, Inclusion and Small Business Opportunities 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.

Please acknowledge you have read Item above. Sign and date below.

Signature Date

PUPLIC WORKS EMPLOYMENT VERIFICATION ACT

Statement of Policy – Department of General Services – (4 PA. Code CH. 66)

“The Department of General Services (Department) adopts a statement of policy in Chapter 66 (relating to employment verification-statement of policy) to read as set forth in Annex A. Chapter 66 implements the Public Works Employment Verification Act (act) (43 P.S. §§ 167.1-167.11).”

“Chapter 66 establishes guidelines for administering and enforcing the act, which requires public work contractors and subcontractors performing work on public works projects in this Commonwealth to comply with the Federal E-Verify program to ensure employees are authorized to work in the United States.”

All CONTRACTORS are required to submit a Public Works Employment Verification Form to the County with the bid package. The winning Bid will NOT be awarded if the Public Works Employment Verification Form is not submitted to the County. The Public Works Employment Verification Form can be found in the back of this Bid Document or on the Department of General Services web site at www.dgs.state.pa.us.

As principal owner of ________________________________________, I certify that I am aware (Company Name) of the Public Work Employment Verification Act.

Date Signature/Title

AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

BUY AMERICAN CERTIFICATION

Section 1605 of the American Recovery and Reinvestment Act states that:

“None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.”

To meet this requirement, the undersigned hereby certifies that all of the material, equipment, and accessories which are to be incorporated into the __________________________________________ Project to be partially funded by monies from the American Recovery and Reinvestment Act, have been manufactured from domestic construction material as defined by 40 CFR 35.936-13(D).

CONTRACTOR DATE

SIGNATURE OF AUTHORIZED OFFICIAL

TITLE

PART III

CONTRACT CONDITIONS

PART III

CONTRACT CONDITIONS

SECTION 1 – GENERAL

1.1 DEFINITIONS

Wherever used in the Contract, the following terms have the meanings indicated.

1.1.1 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, modify, correct, interpret or change the Bidding Requirements or Contract Documents.

1.1.2 Agreement (or Contract Agreement): The written contract between the OWNER and the

CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

1.1.3 Architect or Architect/Engineer: The architect or engineer authorized by the OWNER as its technical and/or design representative for the Project.

1.1.4 Bid: The offer or proposal of the bidder submitted on the prescribed form, setting forth the prices for the Work to be performed.

1.1.5 Bidder: Any person, firm or corporation submitting a bid for the Work.

1.1.6 Bidding Documents: The advertisement or invitation to Bid, instructions to bidders, the

Bid form, and the proposed Contract Documents (including all Addenda).

1.1.7 Bonds: Bid, Performance, Payment and Maintenance Bonds and other instruments of security furnished by the CONTRACTOR and his/her surety in accordance with the Contract Documents.

1.1.8 Change Order: A written order to the CONTRACTOR authorizing an addition, deletion or revision in the Work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time.

1.1.9 Contract Documents: The Agreement, Addenda, CONTRACTOR's Bid, the Notice to

Proceed, the Bonds, the Contract Conditions, the Federal Requirements, the State Requirements, the Specifications (General, Detail or Technical) and the Drawings, together with all written amendments, Change Orders, field orders and written interpretations and/or clarifications.

1.1.10 Contract Price: The monies payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement.

1.1.11 Contract Time: The number of days or the dates stated in the Agreement: 1) to achieve

Substantial Completion; and 2) to complete the Work so that it is ready for final payment as evidenced by the Architect's or Engineer's written recommendation of final payment.

1.1.12 CONTRACTOR: The person, firm or corporation with whom the OWNER has entered into the Agreement.

1.1.13 Drawings (or Contract Drawings or Plans or Contract Plans): The Drawings which show the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR. Shop drawings are not Drawings as so defined.

1.1.14 Engineer or Architect/Engineer (A/E): The engineer or architect authorized by the OWNER as its technical and/or design representative for the Project. Wherever the term "Engineer" is used, it shall mean Engineer or Architect or other design professional acting as the OWNER's representative, as applicable.

1.1.15 Field Order: A written order effecting a change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time issued by the engineer to the CONTRACTOR during construction.

1.1.16 Lump Sum Price: The amount bid as a single item for the Work complete and ready to use.

1.1.17 Materials: Materials incorporated or to be incorporated into the Contract Work or to be used in the operation of the completed improvements.

1.1.18 Minority Business Enterprise (MBE): A for-profit business concern that is one of the following:

1. A sole proprietorship, owned and controlled by a minority; or

2. A partnership or joint venture controlled by minorities in which 51% of the beneficial ownership interest is held by minorities; or

3. A corporation or other business enterprise controlled by minorities in which at least 51% of the voting interest and 51% of the beneficial ownership interest are held by minorities.

1.1.19 Minority Person: Persons who are citizens of the United States and who are African

Americans, Hispanic Americans, Native Americans, or Asian-Pacific Americans.

1.1.20 Notice of Award: The written notice of the acceptance of the Bid from the

OWNER to the successful bidder.

1.1.21 Notice to Proceed: A written notice given by the OWNER (or its representative) to the

CONTRACTOR fixing the date on which the Contract Times will commence to run; and on which the CONTRACTOR shall start to perform its obligations under the Contract Documents.

1.1.22 OWNER: The public body or authority, corporation, association, firm or person with whom the CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.

1.1.23 Plans: (see "Drawings").

1.1.24 Project: The undertaking to be performed as provided in the Contract Documents.

1.1.25 Resident Project Representative: Any authorized representative of the OWNER who is assigned to the Project site or any part thereof, including the ENGINEER and the ENGINEER's authorized representative.

1.1.26 Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the Work shall be fabricated or installed.

1.1.27 Section 3 Business Concern- means a business concern:

1. That is 51 percent or more owned by Section 3 residents.

2. Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents within three years of the date of first employment were Section 3 residents; or

3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in (1) or (2) above.

1.1.28 Section 3 Resident: means:

1. A public housing resident; or

2. An individual who resides in the metropolitan area or non-metropolitan county in which the Section 3 covered assistance is expended, and who is:

a) A low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act [42 U.S.C. 1437a(b)(2)]. Section 3 (b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area.

b) A very low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act [42 U.S.C. 1437a(b)(2)] defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median income for the area.

1.1.29 Specifications: A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.1.30 Subcontractor: An individual, firm or corporation having a direct contract with the

CONTRACTOR or with any other subcontractor for the performance of a part of the Work at the site.

1.1.31 Substantial Completion: The Work (or a specified part thereof) has progressed to the point where, in the opinion of the ENGINEER (as evidenced by a definitive certificate of substantial completion), it is sufficiently complete so that the Work or specified part can be utilized for the purposes intended. Use of this term is referenced to the "Public Works Contract Regulation Law," Act No. 317 of 1978 as amended by Act. No. 200 of 1982.

1.1.32 Supplemental Unit Prices: The unit prices included on the CONTRACTOR’s Bid which apply to increasing or decreasing the Project quantities on the basis of Unit Price payment. (See "Unit Price").

1.1.33 Supplementary Conditions: The part of the Contract Documents which amends or supplements these Contract Conditions.

1.1.34 Supplier: A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with the CONTRACTOR or with any subcontractor to furnish materials or equipment to be incorporated into the Work.

1.1.35 Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Use of this term is referenced to the "Underground Utility Line Protection Law," Act No. 38 of 1991, or as amended.

1.1.36 Unit Price: Any price bid under the respective items of the Proposal Form, whether such price be per unit of measurement, per each or per lump sum.

1.1.37 User: When used in relationship to a utility, shall mean the utility owner or utility operator. Use of this term is referenced to the "Underground Utility Line Protection Law," Act No. 38 of 1991, or as amended.

1.1.38 Women’s Business Enterprise (WBE): A for-profit business…