1-Project Manual Beaver Meadows Pavilion Project 20260518.pdf

PROJECT MANUAL

Memorial Park Pavilion Improvements Project Beaver Meadows Borough

Carbon County, Pennsylvania

Prepared for

Beaver Meadows Borough 100 E. Broad Street

Beaver Meadows, PA 18216

May 2026

Project No. 0326-609008.01

Copyright 2026, of Alfred Benesch & Company. All rights reserved. This plan and design content is the property of Alfred Benesch & Company. Use, reuse, reproduction or modification of this plan or design information, or any part thereof, is strictly prohibited, except by written permission of this firm

Beaver Meadows Borough |Memorial Park Pavilion Improvements| Project Manual |i

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PENNDOT SHORT FORM DOCUMENTS

Proposal and Contract *

Attachment 1 Proposal and Contract

Special Provisions to Contract (Attachment 1A) *

Proposal and Contract Instructions

Attachment 2 Performance Bond

Attachment 3 Payment Bond

Attachment 4 Affidavit Accepting Provisions of the Workmen�s Comp. Act *

Attachment 5 Anti-Collusion Affidavit *

Attachment 6 Notice of Completion

Attachment 7 Insurance Requirements

Attachment 8 Certification of Bidder Regarding Equal Employment Opportunity *

OTHER EXHIBITS

Bid Bond *

Agreement of Surety *

Certificate of Compliance (CS-4171)

Nondiscrimination/Sexual Harassment Clause *

Contractor�s Statement of Compliance with CDL Testing Program * Compliance with the Prohibition of the Illegal Alien Labor Act * Compliance with the State Contractors Responsibility Program * Contract Provisions Right to Know Law *

Certification of Non-Segregated Facilities *

Contractor Integrity Provisions *

Contractor Responsibility Provisions *

Provisions Concerning the Americans with Disability Act *

Public Works Employment Verification Form *

Statement of Bidders Qualifications Form *

PA1 Call

Details PA Prevailing Wages

Submit with Bid *

TABLE OF CONTENTS

Beaver Meadows Borough |Memorial Park Pavilion Improvements| Project Manual

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Beaver Meadows Borough - Memorial Park Pavilion Improvements � Project No. 0326-609008.01

ADVERTISEMENT FOR BIDS

ADVERTISEMENT FOR BIDS Section 001000 � Page 1

ADVERTISEMENT FOR BIDS

Beaver Meadows Borough will receive bids for the Memorial Park Pavilion Improvements Project until Friday, May 29th, 2026, at 9:00 AM, online via the PennBid Program. The contract will be awarded publicly at a Borough Council Meeting on Monday, June 1st, 2026, at 6:30 PM at the

Borough Building, 100 E. Broad Street, Beaver Meadows, PA 18216. Bid results will be available online at http://PennBid.bonfirehub.com following the meeting.

The Memorial Park Pavilion Improvements Project for Beaver Meadows Borough will consist of one (1) base bid and one (1) alternate bid. The base bid will consist of installation of a parking lot at the rear of the pavilion and a retaining wall, including additional ancillary upgrades. The alternate bid will consist of a cement concrete sidewalk. Additional information can be found in the Project

Specifications.

All Bidding Documents are available at no cost at http://PennBid.bonfirehub.com. A certified check or bank draft, payable to the order of the Beaver Meadows Borough or a satisfactory Bid

Bond executed by the Bidder naming Beaver Meadows Borough as oblige and acceptable surety in the amount of ten (10) percent of the Total Bid shall be submitted with each bid.

The SUCCESSFUL BIDDER will be required to furnish and pay for satisfactory Performance and Payment Bond, each in the amount of 100% of the Contract Price with a corporate surety approved by the Owner.

This bid is for a public works contract and bidder is therefore subject to the provisions, duties, obligations, and penalties of the Public Works Employment Verification Act, 43 P.S. 167.1-

167.11. All submitted bids shall be accompanied with the Public Works Employment

Verification Form. PA Prevailing Wage Rates will apply to this contract.

The Owner reserves the right to waive any informality or to reject any or all items or portions thereof or to waive any technicalities and informalities in the bid for the best interest of the

Owner.

Questions must be posted online at http://PennBid.bonfirehub.com by Tuesday, May 26th, 2026, until 2:00 PM.

Bids may be held for 60 days after opening, however awarding of the contract to the lowest responsible bidder may be delayed 120 days to obtain required approval of other government agencies or closing on project funding loans.

Beaver Meadows Borough Council

TO: HAZLETON STANDARD SPEAKER

PLEASE PUBLISH ON:

1. Saturday, May 16th, 2026

2. Tuesday, May 19th, 2026

PROPOSAL AND CONTRACT

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PROPOSAL & CONTRACT (THIS PROPOSAL INCLUDESMS-944 03-07

DISTRICT 5-0

(WHEN EXECUTED) INSTRUCTIONS TO BIDDERS)

A. DEPOSIT OF PROPOSALS.

All Bid proposals shall be clearly marked Beaver Meadows Borough 570-455-7841 �Beaver Meadows Memorial Park Municipality Name and Type Telephone No.

Pavilion Improvements Bid�

Proposal Due By May 29th, 2026.�

Date Laura Coppersmith

Board Secretary Sealed Proposals will be received on or before

9:00 a.m., on Friday, May 29th, 2026 100 E. Broad Street

Time and Date Address

Bids will be opened and read at approximately Beaver Meadows, PA 18216

6:30 p.m., on Monday, June 1st, 2026.

Time and Date Proposals must be uploaded to PennBid at http://PennBid.bonfirehub.com.

1. The contractor proposes to furnish and deliver all materials (including Form CS-4171, Certificate of Compliance and/or TR-465 Daily Bituminous Mixture Certification) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and specifications on file at http://PennBid.bonfirehub.com. This form (MS-944) will serve as the proposal and contract form for the awarded contractor.

2. Requirements for bidders include the supplements and special requirements contained herein and/or attached hereto and current PennDOT specifications (Publication 408). Bidders do not need to be prequalified by PennDOT as a prime contractor.

3. If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed.

Or as otherwise provided in the special requirements and will complete all work within 60 calendar days of the notice to proceed. If all work is not completed on time, liquidated damages will be assessed at the rate of $975 per additional calendar day.

4. Accompanying this proposal is a certified check or Bid Bond in the amount of 10% made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirement of the proposal.

B. PROPOSAL OF: _____________________________________________________________________________ Name of Contractor

Address

CONTRACTOR�S CERTIFICATION

It is hereby certified as follows:

1. The only person(s) interested in this proposal as principal(s) is (are): ________________________________

2. None of the above persons are employees of the municipality.

3. This proposal is made without collusion with any other person, firm, or corporation.

4. All plans and specifications referred to above and the site of the work have been examined by the contractor.

The contractor understands that the quantities indicated herein are approximate and are subject to change as may

-2-be required; and that all work is payable on the basis of the unit prices listed on the Schedule of Prices (Attachment 1).

5. The contractor will comply with all requirements of the laws and implementing regulations of the Commonwealth of Pennsylvania and the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

6. The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contractor in accordance with the plans, specifications and conditions thereof, and a payment bond conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, in accordance with the Public Work�s Contractors� Bond Law of 1967; and an affidavit accepting the provisions of the Workmen�s Compensation Act of 1915, as amended.

7. �The parties agree that the relationship between the Contractor and the Municipality is one of independent contractor and not the employer/employee and that the individual employees of the Contractor who will be performing the work pursuant to this contract are not employees of the Municipality. Contractor hereby certifies, represents and warrants to the Municipality that all persons performing any aspect of the work pursuant to this Contract who are required to have commercial driver�s license are subject to a program for drug and alcohol testing in accordance with the Omnibus Transportation Employee Testing Act of 1991 and the federal regulations adopted pursuant thereto.�

Contractor

WITNESSED OR ATTESTED BY:

BY:______________________________________

Title (Seal)

Title

SEAL

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

ACCEPTED ON:_______________________________________

Date

Municipality

ATTESTED BY:

________________________________________ BY:_______________________________________ Title Title:

Title:

SEAL

ATTACHMENT 1 FOR PROPOSAL AND CONTRACT

ATTACHMENT 1

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

County: Carbon Municipality: Beaver Meadows Borough Project Number: 0326-609008.01

LOCATION OF WORK (BASE BID 1):

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LOCATIONS: Memorial Park Pavilion (Harmony Hall) in Beaver Meadows Borough, existing grass lot at Memorial Park in Beaver Meadows.

DESCRIPTION OF WORK:

The existing grass lot will be converted into a proposed paved parking area for the existing pavillion and tie-into the exisiting ADA parking space, and Trettel Street. The proposed paved parking lot will consist of Class 1 Excavation (11.5" Depth), Subbase 6" Depth (No. 2A), Superpave Asphalt Mixture Design, Base Course, PG 64S-22, <0.3 Million ESALs, 25.0 MM Mix, 4" Depth, and Superpave Asphalt Mixture Design, Wearing Course, PG 64S-22, < 0.3 Million ESALs, 9.5 MM Mix, 1-1/2" Depth, SRL-L. Installation of an Infiltration Trench Drain along the south side of the proposed pavement area and daylight to Trettel Street. Work shall include the following incidental items:

mobilization/demobilization, maintenance and protection of traffic, sweeping of roadway, tack coat, shoulder backup material (topsoil in lawns), milling of paving notches, any adjustments or applicable protection of manholes and/or utility valves, and sealing of joints as necessary. All utility valves within the pavement are to be protected and closely match the proposed road surface, which is incidental to the project. The contractor must maintain clearance of household gutter outlet drains.

ESCALATOR CLAUSE:( if adopted by Municipality.)

NO

NE

Item 1 No.

Approximate 2 Quantities

Unit

*Description

Unit 5 Price

Total

0203-0001 76 CY Class 1 Excavation (11.5" Depth)

0313-0337 60 TON Superpave Asphalt Mixture Design, Base Course, PG 64S-22, <0.3 Million ESALs, 25.0MM Mix, 4" Depth, 0350-0106 240 SY Subbase 6" Depth (No. 2A)

0413-0205 25 TON Superpave Asphalt Mixture Design, Wearing Course, PG 64S-22, <0.3 Million ESALs, 9.5MM Mix, 1-1/2" Depth, SRL-L

0962-1000 210 LF 4" White Waterborne Pavement Markings

9000-0001 85 LF Infiltration Trench Drain

9000-0002 1 LS Retaining Wall

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

SUBTOTAL

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

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ATTACHMENT 1

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

County: Carbon Municipality: Beaver Meadows Borough Project Number: 0326-609008.01

LOCATION OF WORK (ALTERNATE BID 1):

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LOCATIONS: Memorial Park Pavilion (Harmony Hall) in Beaver Meadows Borough

DESCRIPTION OF WORK:

Work will include the installation of a sidewalk, as shown within the bid documents, and all other associated work necessary

ESCALATOR CLAUSE:( if adopted by Municipality.)

NO

NE

Item 1 No.

Approximate 2 Quantities

Unit

*Description

Unit 5 Price

Total

0676-0001 85 SY Cement Concrete Sidewalk

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

SUBTOTAL

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

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SPECIAL PROVISIONS TO CONTRACT

(ATTACHMENT 1A)

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Attachment 1-A

SPECIFICATIONS AND SPECIAL PROVISIONS TO CONTRACT MS-944

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and Subcontractors must comply with all of the following provisions:

TRAFFIC CONTROL

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

- Contractor traffic control scheme and construction sequence must be approved by the Borough and Engineer. Road sections may be closed to perform paving operations or one lane be open for local traffic. Road closures require at minimum one (1) week notice to all impacted residents. However, the Contractor may temporarily close roads where practical and must provide all road closed and detour signs as per Pub. 213. Road closures must be pre-approved by the Borough Roadmaster or his Representative.

- Roadway must stay open for pedestrian traffic during construction.

- Road to be posted for �No Parking� a minimum of 48 hours before start of construction by the contractor.

GENERAL

- For further information regarding the project, please submit questions through PennBid by Tuesday, May 26th, 2026, until 2:00 PM.

- LSA funds will be used for this project.

- A pre-construction meeting will be mandatory. The Contractor will schedule this meeting with the Municipality at least 5 calendar day prior to the start of the project and the Contractor�s and any Sub-Contractor�s onsite foreman is required to attend.

- Full width paving is desired unless otherwise agreed to by the Borough or its Representative.

- Delivery tickets for all materials is required.

- CS-4171 Certificate of Compliance is required for all materials.

- The Bidder must supply certified truck weight slips for bituminous material and aggregate used on the job.

- No payments will be made until the bidder has supplied all required designs, delivery slips and certifications.

- The Contractor shall notify the Municipality 5 calendar days prior to the start of the project.

- Work schedule must be coordinated with the Municipality and must be completed within 60 calendar days of the notice to proceed.

- The construction of the parking lot (Base Bid) is to be completed first. The parking lot must be completed, including line painting, prior to June 25th, 2026. If work is not completed prior to this date, the Borough will apply liquidated damages at a rate of $975.00 per calendar day. The Borough reserves the right to waive this requirement.

- Work to be completed within 60 calendar days of the notice to proceed. After 60 calendar days, liquidated damages apply at the rate of $975.00 per calendar day.

- Roadway to be power broomed by the Contractor prior to start of project.

- Excess construction materials are to be removed by the Contractor.

- Municipality will inspect the project.

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

- Completion of ANTI-COLLUSION AFFIDAVIT required.

- Incidental preparation and clean up required. (Project Construction Materials)

- Final Completion Certificate, JMS-NCP Notice of Completion is required at the completion of the project.

- Future award of Contracts will be based on quality of work as determined by the Municipality.

- Bidders do not need to be PENNDOT prequalified as a prime contractor.

- Contractor to supply proof of CDL Drug and Alcohol Compliance upon award of the bid.

- The successful bidder must provide a 100% Performance Bond and a 100% Payment Bond within 15 days of the award of the contract. Performance bond must remain in effect for one (1) year following the completion of construction.

Contractor is responsible to repair defects that occur within one (1) year of Notice of Completion or approval of final application for payment.

- Retainage will be withheld on each application for payment as follows: Until 50% of the work is completed, 10% retainage will be withheld. After 50% of the work is completed, but prior to substantial completion, 5% retainage will be withheld and between substantial completion and final completion, 2% retainage will be withheld.

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- The Municipality intends to award the contract to one bidder; bidders need to bid on all items.

- The Municipality reserves the right to accept or reject any and or all proposals or portions thereof, and to delete projects and/or portions of the project depending on budgetary constraints.

- The Municipality may hold bids up to 120 days. The Bid hold may be extended through mutual agreement between the Municipality and apparent low bidder.

- A Fuel surcharge will not apply to this contract.

- Limits of Work will be painted in the field prior to construction.

PREVAILING WAGES

PA Prevailing wage rates are required.

INSURANCE REQUIREMENTS

The awarded contractor shall purchase and maintain, at its expense, during the term of this contract and any renewals or extensions thereof, insurance issued by companies acceptable to the Municipality. See the INSURANCE

REQUIREMENTS attachment.

PUBLIC WORK EMPLOYMENT VERIFICATION ACT

General. In accordance with Act 127 of 2012, known as the Public Works Employment Verification Act (�the Act�), effective January 1, 2013, 43 P.S. §§167.1-167.11, the Contractor shall use the Federal Government�s E-Verify system to ensure that all employees performing work on the project, including subcontractor�s employees, are authorized to work in the United States.

Verification Form. The Contractor shall verify the employment eligibility of each new employee hired after January 1, 2013 and submit the Commonwealth Public Works Employment Verification Form (�Form�) included in the bid package attachments to the Municipality.

Contractor. Mail the Form, signed by an authorized representative of the Contractor to the Municipality along with the Performance and Payment Bonds as specified by the contract documents. Failure or refusal to provide the Form will be considered a refusal to comply with bidding requirements, will result in rejection of the bid, and may subject the Contractor to the enforcement activities, sanctions and civil penalties specified in the Act.

Subcontractor. The Prime Contractor will obtain a Form signed by an authorized representative of any subcontractor performing work on the project, possessing sufficient knowledge to make the representations and certifications on the Form. The Prime Contractor shall submit the Form to the Municipality prior to requesting subcontractor approval and before the subcontractor performs any work. Failure or refusal to provide the Form will be considered a refusal to comply with subcontractor approval requirements, will result in rejection of the subcontractor request, and may subject the subcontractor to the enforcement activities, sanctions and civil penalties specified in the Act.

The Prime Contractor shall include information about the requirements of the Act in all subcontracts.

Department of General Services. The Department of General Services is the Commonwealth agency responsible for enforcement and administration of the Act. Please direct questions about the Act to:

Department of General Services Public Works Employment Verification Compliance Office Room 105 Tent Building 18th and Herr Streets Harrisburg, PA 17125 Fax: 717-214-3669

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BITUMINOUS PAVING (GENERAL)

The scope of the work is to construct Superpave Base and Wearing, including, tack coat and sealing of joint and backup material as indicated on Attachment 1, as well as adjust/protect existing manhole(s) and/or utility valves. These items are incidental to placement of paving unless otherwise noted. All paved driveway tie-ins, including milling of pavement notches and tack coat, are incidental and to be constructed to a smooth transition.

- The Contractor is to remove excess material.

- Roadway to be power broomed by contractor prior to paving.

- Complete all testing in accordance with PENNDOT Specifications Publication 408, Section 413, Latest Edition.

- The Contractor will tack coat the vertical edge of the paving joint as per PENNDOT Pub. 408, Section 460.

- The Contractor will provide a bill of lading and a signed CS-4171 for each type of material.

- Saw cut or Milled Paving Notch (RC-28M) is required and is incidental to paving.

- Tack Coat is required per Section 460 of PennDOT Specifications Pub 408 and is incidental to paving.

- The Contractor will saw cut the paving notch and excavate out the subbase material needed to provide a proper overlay transition as per PENNDOT Pub. 72M, Standards for Roadway Construction, RC-28M.

- Milling of driveway notches are to be done as directed and in a fashion that maintains the shoulder slope and provides a smooth transition from the driveways to the shoulder and does not create a low spot.

- The contractor is to not encroach onto state highways.

- The Contractor will supply the Borough with Bituminous Mix Design which meets PennDOT Specifications

Publication 408 prior to receiving the Notice to Proceed.

- Bituminous Delivery tickets must contain the Job Mix Number (CAMMS No.) from the appropriate bituminous design.

- Bituminous Material Certifications must contain the Job Mix Number (CAMMS No.) from the appropriate bituminous design.

- The Contractor will place the specified type and depth of material (all depths are compacted in place) indicated in the

Schedule of Prices. This material will conform to PENNDOT Pub. 408, Section 413, Latest Edition except Marshall Testing that is not required. The Contractor will provide delivery tickets and a daily bituminous material certification on a TR-465 or an approved CS-4171 form for each day's placement of bituminous material.

- The Contractor will seal joints using materials specified in PENNDOT Pub. 408, Section 413, Latest Edition.

- Backup material (topsoil in lawn areas and subbase material in other areas) is incidental to wearing course.

- Milled Material may be used for shoulder back-up where applicable.

- Construct normal crown pavement where practical, otherwise retain existing pavement cross slope if approved by

Engineer.

- Contractor to maintain clearance for household gutter outlet drains in the curb.

ITEM NO. 9000-0001 � INFILTRATION TRENCH DRAIN

DESCRIPTION: This work is furnishing and installing of Infiltration Trench Drain at a maximum of 85� in length and 2� in width.

MATERIAL: Provide and install the following for the Infiltration Trench Drain:

- 2� Depth Pea Gravel

- No. 2A depth for a minimum of 24�

- Non-Woven Geotextile Fabric

- 8� Perforated Pipe

- 4� Layer of Sand

- Layer of topsoil and seeding, as directed

CONSTRUCTION: In accordance with PennDOT Publication 408

MEASURE AND PAYMEMT: Linear Foot. Incidental items include all items and work necessary to complete an infiltration trench, including excavation, backfill, all materials listed in the Materials section, and any grading and seeding to restore area. Incidental items also include any tie-ins to existing drainage facilities.

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ITEM NO. 9000-0002 – RETAINING WALL

DESCRIPTION: This work is furnishing and installing of Retaining Wall. This work includes, excavation, support of slope an adjacent hedges, preparing foundation soil, furnishing, and installing leveling pad, unit facing system, unit drainage fill, backfill, decorative stone, and re-establishing the soil and vegetation after the installation of the retaining wall.

MATERIAL: Provide and install the following for the Retaining Wall.

- Approximately 120’ X 3’ maximum height retaining wall.

- Retaining wall to be tapered at the ends and approved by the Borough and Engineer.

- Weep holes are required and are incidental to this item and approved by the Borough and Engineer.

- A parallel 6” perforated drain at the front of the retaining wall is incidental to this item, with its length not to exceed 150’.

CONSTRUCTION: Install retaining wall system and associated drainage system in accordance with Manufacturers’

Recommendations approved by the Borough and Engineer.

Excavate and support reaming fill and vegetation (hedges) as required.

Contractor to notify Borough and Engineer for review of base leveling pad and/or subbase in accordance with approved Manufacturers’ Recommendations.

Unit Facing Retaining Wall System by:

- Belgard

- Fizzano Brothers

- Keystone Retaining Wall Systems

- Approved Equivalent

Submit proposed system to the Borough and Engineer for approval. All items included in manufacturers’ recommendations for proper construction of retaining wall is incidental to this item. Upon approval, submit material, type, color, and other aspects of the retaining wall to the Borough and Engineer for approval prior to installation. The

Borough reserves the right to select all aspects of the retaining wall at no additional cost to the project.

Submit decorative stone samples to the Borough and Engineer for approval prior to placement.

Submit manufacturer's drainage recommendations for approval by the Borough and Engineer.

Retaining wall to taper to grade at both ends of wall where applicable.

Contractor to place decorative stone between retaining wall and concrete sidewalk (Alternative Bid 1). Decorative stone to be placed at a maximum width of 2 feet width from retaining wall. If the Alternate Bid 1 sidewalk is not selected, Contractor to retain stone away from the retaining wall in such a manner that the sidewalk can be placed at a later date.

Contractor to regrade and seed any disturbed areas after the retaining wall and decorative stone is placed to the satisfaction of the Borough and Engineer.

MEASURE AND PAYMENT: Lump Sum. Incidental items include excavation, support of slope, adjacent hedges, backfill, furnishing and installing leveling pad, unit facing system, all materials necessary for a fully functional retaining wall, perforated pipe (including all excavation, geotextile, stone, and backfill), and decorative stone. Also, incidental is any grading or seeding to restore area.

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* NOTE: The length of the work and quantity of material needed may be reduced or increased depending on cost and budgetary constraints.

My signature signifies that I have read and understand the above conditions and special provisions to this contract, and by being authorized by this company to act as their authorized representative, and on their behalf hereby agree to adhere to any and all of the provisions pertaining to this contract.

Contractor’s Representative Date Municipality’s Representative Date

Company Municipality

PROPOSAL AND CONTRACT INSTRUCTIONS

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MS-944

PROPOSAL AND CONTRACT INSTRUCTIONS � FORM 944

1. The proposal must be typewritten or printed.

2. If more than one proposal on any project is submitted by any individual, firm or partnership, corporation or association under the same names, only one lowest proposal will be considered.

3. Description of work------

A. If additional space is needed, insert appropriately numbered attachment and note �Continued on Attachment No. __________________________.�

B. Where Wearing Surfaces are a part of this Contract, Average Daily Traffic (ADT) Count or SRL determination must be included in the description.

4. Part A of Page 1 to be completed by municipality. Part B of Page 1 to be completed by contractor. Schedule of Prices � Column #1 (Item), #2 (Approximate Quantities), #3 (Unit, i.e., ton, square yard, linear feet, etc.) and #4 (Description, i.e., bituminous materials � ID-2, FJ1, FB1, BCBC, etc.) must be filled in by the municipality to insure equitable bidding. Column #5 (Unit Price), #6 (Total), and total amount of bid must be filled in by the contractor. If more space is needed, add note at bottom of the page: Continued on Attachment No. 1-A,� and add additional sheet designated as Attachment No. 1-A, 1-B, etc. Repeat for each additional sheet required.

5. If liquidated damages are to be assessed, add the following sentence to Part A #2. �If all work is not completed on time, liquidated damages will be assessed at the rate of $975.00 per additional working day.� (OR��as set forth in the attached schedule.�)

6. Payment and Performance bonds are provided only by the successful bidder. Contracts under $5,000 � bonds must be in 50% of the contract amount. Contracts in excess of $5,000 � bonds must be in 100% of the contract amount. Bond Form MS-944 Attachments 2 and 3 and Workmen�s Compensation Affidavit Attachment 4 must be submitted by the successful bidder within 20 days of the contract award. Failure to submit the bonds shall constitute grounds to cancel the contract.

7. *Construction projects, where the estimated cost of the total project exceeds $100,000, are subject to the provisions of the Pennsylvania Prevailing Wage Act 442. It is the responsibility of the municipality to obtain the Prevailing Wage Scale for the area and include it in the proposal. IF the Prevailing Wage Act applies, this fact shall be noted in the advertisement.

On projects utilizing Federal revenue Sharing Funds, if the project cost exceeds $2,000 and is financed with 25% or more Federal Revenue Sharing Funds, the Davis Bacon Act applies. Again it is the responsibility of the municipality to obtain the Davis Bacon Wage Rates, include them in the proposal and note the fact in the advertisement. If both Acts are applicable, the Davis Bacon Act has preference over the Pennsylvania Prevailing Wage Act.

8. An ESCALATOR CLAUSE is optional; however, if used, it must be included in the proposal prepared by the municipality. An escalator clause may not be inserted by the contractor.

*(1961, Aug. 15, P.L. 987; 43 P.S. 165)

PERFORMANCE BOND

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MS-944 (02-01) PERFORMANCE BOND Attachment 2 (REPRODUCE LOCALLY) (With Corporate Surety)

KNOW ALL MEN BY THESE PRESENTS, that we, _______________________________________________

(NAME AND ADDRESS OF CONTRACTOR)

as Principal and ____________________________________________________________________________________

(SURETY COMPANY)

a corporation incorporated under the laws of the State of _____________________________________________as Surety

(NAME OF STATE)

are held and firmly bound unto ____________________________________________________ . In the full and just sum of _________________________________________________________ ($ _____________________________) dollars lawful money of the United States of America, to be paid to the above Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above Municipality, bearing even date herewith, for the undertaking of certain obligations as therein set forth.

NOW, THEREFORE, the condition of this obligations such that if the bounden Principal, as Contractor, shall in all respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and corrections of all defects that occur within one (1) year of the completion of construction, and shall well and truly, and in a manner satisfactory to the Municipality fulfill all obligations as therein set forth, then this Obligation shall be void one (1) year after completion of construction, but otherwise the same shall be and remain in full force, virtue and effect.

It is further provided that any alteration which may be made in the terms of the contract or its specifications with the express approval of the Municipality or the Principal to the other, shall not in any way release the Principal and Surety or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alteration or forbearance being hereby waived.

IN WITNESS WHEREOF, the said Principal and Surety have duly executed this Bond under Seal, pursuant to due and legal action authorizing the same to be done on ____________________________________________________

(DATE OF BOND)

SEAL Attest / Witness CONTRACTOR

_____________________________________ BY:___________________________________________________

TITLE TITLE

SEAL Attest / Witness ___________________________________________________

SURETY COMPANY

____________________________________ BY:____________________________________________________

TITLE TITLE

PAYMENT BOND

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MS-944 PAYMENT BOND Attachment 3

KNOW ALL MEN BY THESE PRESENTS, that we, _______________________________________________ of _____________________________________, as PRINCIPAL and ________________________________________ corporation incorporated under the laws of the State of _______________________________________as SURETY, are held and firmly bond unto the ___________________________________________________, in the full and just sum of

____________________________________________ ($ _____________________) dollars, lawful money of the United

States of America, to be paid to the said __________________ or its assigns, to which payment well and true to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above municipality, hereinafter called Obligee, bearing even date herewith, for the improvement of a certain section of highway or bridge in said Municipality consisting of: ___________________________________________________________________________ for approximately the sum of ____________________________________________ ($ _________________) dollars.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden PRINCIPAL shall and will promptly pay or cause to be paid in full all sums of money which may be due to contract or otherwise, to any individual, firm, partnership, association or corporation, for all material furnished or labor supplied or performed in the prosecution of the work, whether or not the said material or labor entered into and became component parts of the work and for rental of the equipment used and services rendered by public utilities in, or in connection with the prosecution of such work, then this obligation to be void, otherwise to remain in full force and effect.

The PRINCIPAL and SURETY, hereby, jointly and severally, agree with the Obligee herein that any individual firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any public utility which has not been paid in full therefore, may sue in assumpsit�s on this Payment bond in his, them or it, and have execution thereon. Provided, however, that the Obligee shall not be liable for the payment of any costs of expenses of such suit.

RECOVERY by any individual, firm, partnership, association or corporation hereunder shall be subject to the provisions of the �Public Works Contractors� Bond Law of 1967�, Act No. 385, approved December 20, 1967, P.L. 869, which Act shall be incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited.

It is further provided that any alterations which may be made in the terms of the contract or in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving by the Obligee of any extension or forbearance being hereby waived.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal this _______________________________________Day of _________________________________, 20 ___________.

WITNESS:

CONTRACTOR

_____________________________________________________ BY:_______________________________________________

TITLE TITLE

WITNESS:

SURETY COMPANY

______________________________________ BY: ______________________________________________

TITLE TITLE

MS-944 Attachment 4

AFFIDAVIT ACCEPTING PROVISIONS OF THE

WORKMEN�S COMP. ACT

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AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN�S COMPENSATION ACT

State of )

)SS:

County of ) he has Being duly sworn according to law deposes and says that they have it accepted the provisions of the Workmen�s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and have insured their liability hereunder in it accordance with the terms of said

Act with _________________________________________________________________________________________

(SURETY COMPANY)

(TYPE OR PRINT) CONTRACTOR

BY: ______________________________________

SIGNATURE

Sworn to and subscribed before me this ________________________________________________________ day of

_______________________________________A.D. 20 ____________

My Commission Expires ___________________________

(DATE)

ANTI-COLLUSION AFFIDAVIT

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MS-NCP

D-7126 ( 6-99 )

ANTI-COLLUSION AFFIDAVIT

County Carbon

Municipality Beaver Meadows Borough

Project Number 0326-609008.01

State of Fed. Project No.

( If Applicable )

County of

The undersigned deponent deposes and says that he is the of the Company; that he is authorized to make this affidavit on behalf of said company in compliance with section 102.06 (e) of Department Specifications, Publication 408, as amended and that the said company has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(Contractor)

BY

Sworn to and subscribed before me the undersigned notary public this day of , .

Notary Public

My Commission expires

NOTICE OF COMPLETION

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MUNICIPALITY Beaver Meadows Borough, Carbon County

NOTICE OF COMPLETION

IN REFERENCE TO PROJECT NO.: 0326-609008.01

Name of Contractor _____________________________________________________

Performance of work as specified on the above numbered contract is completed and final pavement inspection has been made by the contractor and municipality in accordance with the terms of the contract awarded.

DATE OF AWARD: ____________________

Signature of Municipality

Signature of Contractor

Both copies of this form to be filled by the Contractor-Municipality on completion of final pavement restoration.

THIS PORTION TO BE COMPLETED BY MUNICIPALITY

FINAL COMPLETION CERTIFICATE

By the affixing of my signature I hereby certify that final inspection has been made and all work has been performed in accordance with the above contract # and is hereby accepted by the municipality as completed.

Authorized Agent for the Municipality

*DATE: _______________

* The Bidder is responsible for maintenance of permanent pavement repairs for a period of one year from this date.

INSURANCE REQUIREMENTS

670 S. River Street, Suite 402

Wilkes-Barre, PA 18705 www.benesch.com

P 570-914-9030

Beaver Meadows Borough � Memorial Park Pavilion Improvements Project

Carbon County, Pennsylvania

Project No. 0326-609008.01

INSURANCE REQUIREMENTS

The awarded Contractor shall purchase and maintain, at its expense, during the term of this contract and any renewals or extensions thereof, the following types of insurance issued by companies acceptable to the Municipality.

1. Workmen�s compensation insurance sufficient to cover all of the employees of the contractor working to perform this contract as required by the laws of the Commonwealth.

2. Comprehensive general liability insurance, property damage insurance, and where appropriate automobile liability insurance. The minimum amount of coverage shall be $250,000.00 per person and $1,000,000.00 per occurrence for bodily injury, including death and $250,000.00 per person and $1,000,000.00 per occurrence for property damage.

These coverages shall be occurrence-based. The policy shall name Beaver Meadows Borough, Alfred Benesch & Company, and PennDOT as an additional insured and shall contain a provision that the coverages afforded thereunder shall not be cancelled or changed unless at least thirty

(30) days prior written notice has been given to the Municipality.

Prior to the commencement of work, the Contractor shall provide the Municipality with a current certificate(s) of insurance showing the required coverages and provisions.

3. Your attention is directed to the hold harmless and indemnification provision:

�The Contractor shall hold the Municipality harmless and indemnify the Municipality against any and all claims, demands, and actions based upon or arising out of any activities performed by the

Contractor and its employees and agents under this Contract and shall, at the request of the

Municipality, defend any and all actions brought against the Municipality based upon any such claims or demands.�

4. Additional insured for all policies: Beaver Meadows Borough, Alfred Benesch & Company, PA

Commonwealth Financing Authority, and PennDOT

Signature

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

Beaver Meadows Borough � Memorial Park Pavilion Improvements Project � Project No. 0326-

609008.01

CERTIFICATION OF CONTRACTOR REGARDING EQUAL EMPLOYMENT

OPPORTUNITY

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT

BUREAU OF HOUSING AND DEVELOPMENT

SMALL COMMUNITIES PROGRAM DIVISION

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 F.R 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER

NAME AND ADDRESS OF BIDDER (Include ZIP Code)

1. Bidder has participated in a previous contract or subcontract subject to the Equal

Opportunity Clause.

Yes No

Beaver Meadows Borough � Memorial Park Pavilion Improvements Project � Project No. 0326-

609008.01

2. Bidder has filed all compliance reports due under applicable instructions, including SF-

100.

Yes No None Required

3. Have you ever been or are you being considered for sanction due to violation of Executive

Order 11246, as amended?

Yes No

NAME AND TITLE OF SIGNER (Please Type)

SIGNATURE DATE

OTHER EXHIBITS

BID BOND

Beaver Meadows Borough - Memorial Park Pavilion Improvements Project � Project No. 0326-609008.01

EJCDC C-435 Bid Bond (Damages Form) PAGE 1

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name and Include Location):

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder�s Name and Corporate Seal Surety�s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC C-435 Bid Bond (Damages Form) PAGE 2

Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder�s Bid and the total amount of the Bid of the next lowest, responsible Bidder who submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner

does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2 In no event shall Bidder�s and Surety�s

obligation hereunder exceed the penal sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall

be Owner�s sole and exclusive remedy upon default of Bidder.

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

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder�s Bid and Bidder

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

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to

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

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

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

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

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

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

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

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

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

AGREEMENT OF SURETY

AGREEMENT OF SURETY

AS-1

(Note: This Agreement must be properly executed and must accompany the certified check or bid bond, whichever is furnished as proposal security).

AGREEMENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that we , as Surety, a corporation existing under the laws of the State of

_________________________________________________ and authorized to transact business in the Commonwealth of Pennsylvania, hereby agree to execute within the time limit specified in the

Contract, the Bonds, in the forms and in the amounts required for to faithful performance and proper fulfillment of the Contract for the

________________________________________________________ on behalf of hereinafter called the Bidder, provided that the above Contract be awarded to the Bidder within sixty

(60) days after the date of receipt of Bids; and the Surety further agrees that should the Surety, after notification of such award, omit or refuse to execute the required bonds, then the Surety shall pay to

______________________________________________________, any difference between the total amount specified in said Bidder's proposal for the required work and the amount for which said Owner may procure the same work, if the latter amount be in excess of the former, and after deduction therefrom of payment made by reason of the forfeiture of the Proposal Security.

DATE CORPORATE SURETY

CORPORATE SEAL

BY

TITLE

BUSINESS ADDRESS

CERTIFICATE OF COMPLIANCE (CS-4171)

INStructIoNS to complete the form

1. couNtY, lr/Sr, Sec/SeG. ecmS#

To be completed by the party that will ship the material to the construction project, otherwise leave blank.

2. NAme of mANufActurer, fABrIcAtor, coAter, precASter or proDucer

Check appropriate box; either manufactured, fabricated, coated, precasted or produced as appropriate.

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