PROJECT MANUAL

Borough of White Haven 2026 CDBG Road Improvements White Haven Borough Luzerne County, Pennsylvania

Prepared for Borough of White Haven 312 Main St White Haven, PA 18661

July 2026 Project No. 0326-609055.40

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.

Borough of White Haven – CDBG Road Improvements – Project No. 0326-609055.40

TABLE OF CONTENTS

TABLE OF CONTENTS Page 1

Division .... Section Title ................................................................................................................................ Pages

SERIES 0 - BIDDING REQUIREMENTS AND CONTRACT FORMS

001000 ...... ADVERTISEMENT FOR BIDS

002000 ..... INSTRUCTIONS TO BIDDERS

004100 ..... BID FORM

004100A .... BID FORM – EXHIBIT A

005200 ...... FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

007000 ...... GENERAL CONDITIONS

007100 ...... GENERAL CONDITIONS PART II

008000 ..... SUPPLEMENTARY CONDITIONS

008300 ...... WAGE DETERMINATION SCHEDULE

DIVISION 1 - GENERAL REQUIREMENTS

010600…...MOBILIZATION/DEMOBILIZATION……………………………………………………… . 1

011000 ...... SUMMARY

012200 ...... UNIT PRICES

012300 ...... ALTERNATES

012600 ...... CONTRACT MODIFICATION PROCEDURES

012900 ...... PAYMENT PROCEDURES

013100 ...... PROJECT MANAGEMENT AND COORDINATION

013200 ...... CONSTRUCTION PROGRESS DOCUMENTATION

013233 ...... PHOTOGRAPHIC DOCUMENTATION

013300 ...... SUBMITTAL PROCEDURES

014000 ...... QUALITY REQUIREMENTS

015100 ...... MAINTENANCE AND PROTECTION OF TRAFFIC

016000 ...... PRODUCT REQUIREMENTS

017123.16 . CONSTRUCTION SURVEY

017300 ...... EXECUTION

017700 ...... CLOSEOUT PROCEDURES

017833 ...... WARRENTIES AND BONDS

017839 ...... PROJECT RECORD DOCUMENTS

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

079205 ...... PAVING JOINT SEALANTS

DIVISION 31 – EARTHWORK

310120 ...... SOIL AND SEDIMENT CONTROL

310141 ...... DUST CONTROL

310820 ...... FLOW DIVERSION

312000 ...... EARTHWORK

DIVISION 32 – EXTERIOR IMPROVEMENTS

321216 ...... ASPHALT PAVING

321220 ...... FULL DEPTH RECONSTRUCTION

321373 ...... CONCRETE PAVING JOINT SEALANTS

321613 ...... CURBS AND GUTTERS

DIVISION 33 – UTILITIES

334100 ...... STORM UTILITY DRAINAGE PIPING

TABLE OF CONTENTS Page 2

APPENDICES

BID/CONSTRUCTION/BONDING REQUIREMENTS

BID BOND

PERFORMANCE BOND

PAYMENT BOND

STATEMENT OF BIDDER’S QUALIFICATIONS FORM

AGREEMENT OF SURETY FORM

PSATS CDL PROGRAM CONTRACTOR’S STATEMENT OF COMPLIANCE FORM

NON-COLLUSION AFFIDAVIT FORM

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

FEDERAL REQUIREMENTS

FEDERAL CONTRACT PROVISIONS CERTIFICATION FORM

BUY AMERICAN CERTIFICATION

STATE REQUIREMENTS

BIDDER CERTIFICATION OF PREQUALIFICATION CLASSIFICATION

CERTIFICATION OF NON-SEGREGATED FACILITIES

COMPLIANCE ILLEGAL ALIEN LABOR ACT

COMPLIANCE WITH THE STATE CONTRACTOR RESPONSIBILITY PROGRAM

CONTRACT PROVISION RIGHT TO KNOW LAW

CONTRACTOR INTEGRITY PROVISION

CS-4171 FORM

PROVISIONS CONCERNING THE AMERICANS WITH DISABILITIES ACT

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

STOP-CALL BEFORE YOU DIG

LUZERNE COUNTY CDBG REQUIREMENTS

LOCATION MAPS

White Haven Borough| 2026 CDBG Road Improvements | Project Manual

SERIES 0 – BIDDING REQUIREMENTS AND

CONTRACT FORMS

ADVERTISEMENT FOR BIDS Section 001000

ADVERTISEMENT FOR BIDS

The Borough of White Haven will receive bids for the 2026 CDBG Road and Drainage Improvements project (various streets) until Monday, August 17, 2026, at 1:00 PM, online via the PennBid Program. The contract will be awarded publicly at a Borough Council meeting. Bid results will be available online at http://PennBid.bonfirehub.com following the meeting.

Details to be included in the proposal and equal opportunity requirements are available at no cost at http://PennBid.bonfirehub.com. This bid is for a public works contract and bidder is subject to the provisions, duties, obligations and penalties of the Public Works Employment Verification Act. All bids shall be accompanied by the Public Works Employment Verification Form. The Contractor must be PennDOT prequalified prime paving contractor and will be required to comply with the provisions of the Pennsylvania Human Relations Act in providing equal employment opportunities in connection with all work. The Bidder, in accordance with the President’s Executive Order 11246, will be required to ensure that employees and applicants for employment are not discriminated against on the basis of their race, color, religion, sex, sexual orientation, gender identity, or national origin in employment or the provision of services. Davis Bacon wage rates are required.

The Borough reserves the right to reject any Bids or waive any irregularities. Bids may be held for 60 days after opening; however, awarding of the contract to the lowest responsible bidder may be delayed 120 days in order to obtain required approval of other government agencies or closing on project funding loans. The successful bidder shall furnish a performance bond and payment bond equal to 100% of the Contract price. The Borough is an Equal Opportunity Employer.

White Haven Borough Council

TO: STANDARD SPEAKER

legals@citizensvoice.com legals@scrantontimes.com

PLEASE PUBLISH ON:

1. Wednesday, July 29, 2026

2. Saturday, August 1, 2026

PLEASE SEND INVOICE AND PROOF OF PUBLICATION TO:

312 Main Street White Haven, PA 18661

And copy to: cbolich@benesch.com Alfred Benesch & Company 670 S. River St., Suite 402 Wilkes-Barre, PA 18705 http://pennbid.bonfirehub.com/ http://pennbid.procureware.com/ mailto:legals@citizensvoice.com mailto:legals@scrantontimes.com mailto:cbolich@benesch.com

ADVERTISEMENT FOR BIDS Section 001000 – Page 1

ADVERTISEMENT FOR BIDS

SEALED BIDS FOR THE White Haven CDBG Road Improvements Project will be received online via the PennBid Program by the Borough of White Haven until Monday, August 17, 2026, at 1:00 P.M. The contract will be awarded publicly at a Borough Council meeting. Bid results will be available online at http://PennBid.bonfirehub.com following the meeting.

The project includes roadway improvements on various roadways in the Borough. The particular items of work to be included in the bid proposal are identified more specifically in the Bid Documents and in the Contract Specifications. The entire project will be awarded to one (1) Contractor. A ten percent (10%) Bid Bond or ten percent (10%) security deposit with a certified check must be submitted with the bid.

All Bidding Documents are available at no cost at http://PennBid.bonfirehub.com

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

Attention is called to the fact that no less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, age, color, religion, sex, ancestry, national origin, or handicap.

The Contractor will be required to comply with the Provisions of the Pennsylvania Human Relations Act in providing equal employment opportunities in connection with all work.

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.

The Contractor must be a PennDOT prequalified prime contractor for the work performed on this project.

Each bidder shall comply with the following equal opportunity requirements:

1. Standard Federal Equal Employment Opportunity Construction Contract specifications

(Executive Order 11246) (41CFR60-4.).

2. Equal Opportunity Clauses (41CFR60-1.4 (a) and (b)).

3. Section 3 Clause (24 CFR 135.20).

4. Nondiscrimination as stated in 24 CFR 570.496 under Title VI of the Civil Rights Act of

1964 and also Requirements of Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 42 CFR 70.4.2(d).

5. The Labor Standards, Wage Determination Decision and Anti-Kickback regulations (29 CFR, Part 3) issued by the Secretary of Labor are included in the contract documents of this project and govern all work under the contracts.

6. Contractors must also establish a 6.9% goal for female participation and a 0.6% goal for

ADVERTISEMENT FOR BIDS Section 001000 – Page 2 minority participation in the aggregate on-site construction work force for contracts in excess of $10,000 as per the notice of requirements for affirmation action as contained in the contract documents. Attention is called to Section 3 of the Housing and Urban Development Act of 1968, 12 USC 179 LU and the Section 3 clause and regulations set forth in 24 CFR, Part 135.

7. In compliance with Executive Order 11625 and 12138, the successful bidder must utilize to the greatest extent feasible, minority and /or women-owned business located in the municipality, county or general trade area.

The Borough of White Haven is an Equal Opportunity/Affirmative Action Employer and does not discriminate on the basis of race, color, national origin, sex, religion, age, disability or familial status in employment or the provision of services.

The Owner reserves the right to reject any or all bids or to waive any informalities in the bidding.

Bids may be held by the Owner for a period not to exceed 60 days from the date of opening bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. However, the award of the contracts may be delayed by required approval of another government agency or closing on the project funding loans. Owner shall reject all bids or award to the lowest responsive and responsible bidder within 120 days of the bid opening.

INSTRUCTIONS TO BIDDERS Section 002000

INSTRUCTION TO BIDDERS Section 002000 – Page 1

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

ARTICLE 1 – DEFINED TERMS

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,

AND SITE

ARTICLE 5 – PRE-BID CONFERENCE

ARTICLE 6 – SITE AND OTHER AREAS

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

ARTICLE 8 – MBE/WBE SOLICITATION REQUIREMENTS

ARTICLE 9 – BID SECURITY

ARTICLE 10 – CONTRACT TIMES

ARTICLE 11 – LIQUIDATED DAMAGES

ARTICLE 12 – SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 13 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

ARTICLE 14 – PREPARATION OF BID

ARTICLE 15 – SUBMITTAL OF BID

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17 – OPENING OF BIDS

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

ARTICLE 21 – RETAINAGE

ARTICLE 22 – NON-COLLUSION AFFIDAVIT

ARTICLE 23 – PENNBID

INSTRUCTION TO BIDDERS Section 002000

INSTRUCTIONS TO BIDDERS Section 002000 – Page 2

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to

Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

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

B. Bidder - one who submits a Bid directly to the Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

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

D. PennBid Program – Online document and sealed bid management system available at http://PennBid.bonfirehub.com

ARTICLE 2 – COPIES OF BIDDING

DOCUMENTS

2.01 Complete hardcopy sets of the Bidding

Documents in the number and for the deposit sum, stated in the advertisement or invitation to bid may be obtained from the Engineer, or at no cost via the PennBid Program at http://PennBid.bonfirehub.com

2.02 Complete sets of Bidding Documents

shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of

Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF

BIDDERS

3.01 To demonstrate Bidder’s qualifications

to perform the Work, within 14 days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below.

A. Evidence of Bidder’s authority to do business in the state where the Project is located.

3.02 Bidder is advised to carefully review

those portions of the Bid Form requiring Bidder’s representations and certifications.

3.03 Firms debarred from work in the

Commonwealth of Pennsylvania and/or the Federal Government are not eligible to bid.

ARTICLE 4 – EXAMINATION OF

BIDDING DOCUMENTS, OTHER

RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will

INSTRUCTIONS TO BIDDERS Section 002000 – Page 3 be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities

for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder

access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid.

Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 A. Reference is made to Article 7 of the

Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On

INSTRUCTIONS TO BIDDERS Section 002000 – Page 4 request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.07 It is the responsibility of each Bidder

before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

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

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph

4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph

4.06 of the Supplementary Conditions as containing reliable "technical data";

E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents;

and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents;

and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

INSTRUCTIONS TO BIDDERS Section 002000 – Page 5

4.08 The submission of a Bid will constitute

an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A pre-Bid conference (if required) will

be outlined in Section 001000, Advertisement For Bids.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding

Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND

ADDENDA

7.01 All questions about the meaning or intent

of the Bidding Documents are to be submitted to Engineer in writing via email, or on the PennBid program.

Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda emailed or posted to PennBid to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – MBE/WBE SOLICITATION

REQUIREMENTS

8.01 The MBE/WBE Solicitation form MUST

be completed and submitted with the bid.

Failure to include this form in the bid will be grounds to disqualify a bid. If the Contractor does not intend to use a subcontractor and there are no MBE/WBE material providers in the area, the form must so indicate.

Otherwise, attempts to contract MBE/WBE subcontractors and material providers must be documented.

MBE/WBE lists can be obtained in the Appendix.

8.02 Section 3 Solicitation. For Contracts over

$100,000, the following applies: Each bidder/proposer must include a Section 3 Opportunities Plan which indicates its commitment to meet resident hiring requirements. IF a bidder/proposer fails to submit a Section 3 Opportunities Plan and the related data along with the bid proposal, such bid proposal will be declared as “non-responsive.”

ARTICLE 9 – BID SECURITY

9.01 A Bid must be accompanied by Bid

security made payable to Owner in an amount of 10 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a

INSTRUCTIONS TO BIDDERS Section 002000 – Page 6

Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

9.02 If a surety Bid Bond is utilized, it shall be

mandatory that the Bid Bond specifically identify the Bid, and the date of the Bid which it accompanies; additionally, it shall be mandatory that the power of attorney accompanying a Bid Bond evidencing the authority of the person signing on behalf of the surety company to sign the Bid Bond shall be dated the same date as the Bid Bond; further, it shall be mandatory that the Bid Bond itself be dated the same date as the Bid, as well as signed by the principal bidder and the surety company through its authorized representatives. Failure to comply with any of the aforesaid positions shall result in the disqualification of the Bid, which Bid shall not thereafter be considered.

9.03 As soon as each of the Bids received has

been reviewed and the Bids have been compared, Owner will return the Bid security of all Bidders except the three apparent lowest responsive and responsible Bidders. Bid security provided by Bidders who are not among the apparent three lowest responsive and responsible Bidders will be returned within ten (10) calendar days following the date of Bid opening. When the Agreement has been executed by the successful Bidder, the Bid security of the other Bidders will also be returned. The Bidder to whom the Notice of Award is given will be required to submit to Owner the required Bonds within ten

(10) calendar days from the date of receipt of the Notice of Award. In case of a failure of Bidder to whom a Notice of Award has been given to execute and deliver in a timely manner the required Bonds, Owner may at its option consider such Bidder in default, in which case the Bid security accompanying the proposal shall become the property of Owner. The successful Bidder to whom a Notice of Award is given will be required to execute the Agreement and deliver it, together with the required evidence of insurance coverages, to the Owner within ten (10) calendar days from the date when the Notice of Award is delivered to the successful Bidder. In case of failure of the successful Bidder to execute the Agreement, or to submit the required evidence of insurance coverages in accordance with the Contract Documents, Owner may consider the successful Bidder in default, in which case the Bid security accompanying the Bid shall become the property of Owner.

ARTICLE 10 – CONTRACT TIMES

10.01 The number of days within which, or the

dates by which, Milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 11 – LIQUIDATED DAMAGES

11.01 Provisions for liquidated damages, if

any, are set forth in the Agreement.

ARTICLE 12 – SUBSTITUTE AND “OR-

EQUAL” ITEMS

12.01 The Contract, if awarded, will be on the

basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items.

Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraph 6.05 of the General Conditions

INSTRUCTIONS TO BIDDERS Section 002000 – Page 7 and may be supplemented in the Supplemental Conditions.

ARTICLE 13 – SUBCONTRACTORS,

SUPPLIERS AND OTHERS

13.01 If the Supplementary Conditions require

the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

13.02 If apparent Successful Bidder declines to

make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

ARTICLE 14 – PREPARATION OF BID

14.01 The Bid Form is included with the

Bidding Documents. Additional copies may be obtained from the Engineer.

14.02 All blanks on the Bid Form shall be

completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item] listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

14.03 A Bid by a corporation shall be executed

in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

14.04 A Bid by a partnership shall be executed

in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

14.05 A Bid by a limited liability company

shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

14.06 A Bid by an individual shall show the

Bidder’s name and official address.

14.07 A Bid by a joint venture shall be executed

by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

INSTRUCTIONS TO BIDDERS Section 002000 – Page 8

14.08 All names shall be printed in ink below

the signatures.

14.09 The Bid shall contain an

acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

14.10 Postal and e-mail addresses and

telephone number for communications regarding the Bid shall be shown.

14.11 The Bid shall contain evidence of

Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

14.12 The Bid shall contain MBE/WBE

Contract Solicitation and Commitment Statement and documentation of solicitation as indicated in the Bid Form.

ARTICLE 15 – SUBMITTAL OF BID

15.01 A Bid shall be submitted no later than the

date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” Bids may be submitted in hard copy only when bids are obtained in hard copy from the engineer’s office. If bid documents are obtained via PENNBID, bid must be submitted via PENNBID.

ARTICLE 16 – MODIFICATION AND

WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by

an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 2 days after Bids are opened any

Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

16.03 After the commencement of opening of

Bids, no Bid may be withdrawn during the period specified for the holding of Bids as set forth in “Bids to remain subject to acceptance” below, except as provided in Pennsylvania Act 4 of 1974, P.L. 9, relating to withdrawal of a bid in the event of a mistake.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place

indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN

SUBJECT TO ACCEPTANCE

18.01 Owner shall award the contract to the

lowest responsive and responsible Bidder or shall reject all Bids within sixty (60) days of the date of the Bid opening, and no Bidder may withdraw his Bid before the expiration of such sixty (60) day period; provided, however, if the award

INSTRUCTIONS TO BIDDERS Section 002000 – Page 9 of contracts is delayed by required approval of another government agency, the sale of bonds closing on project loans or the award of a grant or grants, Owner shall reject all Bids or award the contract to the lowest responsive and responsible Bidder within one hundred twenty (120) days of the date of Bid opening, and in such event no Bidder may withdraw his Bid before the expiration of such one hundred twenty (120) day period.

Extensions of the date for the award of the contract may be made by the mutual written consent of Owner and the lowest responsive and responsible Bidder.

ARTICLE 19 – EVALUATION OF BIDS

AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or

all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the unit price and the corresponding extended total will be resolved in favor of the unit price, provided that the BIDDER agrees to the correction of the extended total and subsequent correction of the base bid price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolved in favor of the words.

19.02 More than one Bid for the same Work

from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider

whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will

consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations

as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the contract is to be awarded, it will be

awarded to the lowest responsive and responsible Bidder or shall reject all Bids within sixty (60) days of the date of the Bid opening, and no Bidder may withdraw his Bid before the expiration of such sixty (60) day period; provided, however, if the award of contracts is delayed by required approval of another government agency, the sale of bonds closing on project loans or the award of a grant or grants, Owner shall reject all Bids or award the contract to the lowest responsive and responsible Bidder within one hundred twenty (120) days of the date of Bid opening, and in such event no Bidder may withdraw his Bid before the expiration of such one hundred twenty

INSTRUCTIONS TO BIDDERS Section 002000 – Page 10

(120) day period. Thirty (30) day extensions of the date for the award of the contract may be made by the mutual written consent of Owner and the lowest responsive and responsible Bidder.

19.07 Owner may not award entire quantities or

items of work. A partial award may be made to the lowest responsible bidder based on those items awarded by the Owner.

ARTICLE 20 – CONTRACT SECURITY

AND INSURANCE

20.01 Article 5 of the General Conditions and

the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. The Bidder, as required by 8 P.S. §193, shall submit its Bonds prior to the Owner issuing a Notice of Award. If the Bonds fail to become binding upon the award of the contract to Bidder, Owner may consider the bidder in default, in which case the Bid security accompanying the Bid shall become the property of the Owner.

20.02 Signing of Agreement

20.03 When Owner issues a Notice of Award to

the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within thirty days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 21 – RETAINAGE

21.01 Provisions concerning Contractor’s

rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 22 – NON-COLLUSION

AFFIDAVIT

22.01 All bidders must complete and execute

the enclosed Non-Collusion Affidavit.

This Affidavit is material to any contract awarded pursuant to this Project and is in accordance with Pennsylvania Antibid- Rigging Act, 73 P.S. S.S.1611 et seq.

The Affidavit should be executed by an officer or the person approved to sign the bid. In the case of joint ventures, all parties must execute separately. Failure to file an Affidavit in compliance with these instructions may result in disqualification of the Bid.

ARTICLE 23 – PENNBID

23.01 If successful bidder obtained bidding

documents via the PennBid program, said bidder is responsible to satisfy the applicable fees of the program. Notice to Proceed may be delayed or retainage may be withheld until fee has been paid.

Borough of White Haven – 2026 CDBG Road Improvements – Project No. 0326-609055.40 BID FORM Section 004100

BID FORM Section 004100 – Page 1

SECTION 004100 - BID FORM

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Owner: White Haven Borough

Project No.: 0326-609055.40

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with

Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions set forth in the Instructions to Bidders, which are incorporated herein by reference, including without limitation those terms and conditions regarding the disposition of Bid security. After the commencement of opening of Bids, no Bid may be withdrawn during the period specified for the holding of Bids as hereinafter set forth, except as provided in Pennsylvania Act 4 of 1974, P.L. 9, relating to withdrawal of a Bid in the event of a mistake. The Owner shall award the Contract to the lowest responsive and responsible Bidder, or shall reject all Bids within sixty (60) days of the date of Bid opening, and no Bidder may withdraw his Bid before the expiration of such sixty (60) day period; provided however, if the award of the Contract is delayed by required approval of another government agency, the sale of bonds, closing on project loans or the award of a grant or grants, the Owner shall reject all Bids or award the Contract to the lowest responsible Bidder within one hundred twenty (120) days of the date of Bid opening, and in such event no Bidder may withdraw his Bid before the expiration of such one hundred twenty

(120) day period. Extensions of the date for the award of the Contract may be made by the mutual written consent of the Owner and lowest responsible Bidder.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and

Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or

BID FORM Section 004100 – Page 2 subsurface structures at the Site (except Underground Facilities) that have been identified in SC-

4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

BID FORM Section 004100 – Page 3

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s) as included in Exhibit A.

5.02 Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

5.03 Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents

5.04 All specifications sections are considered incidental to ALL the unit price items unless otherwise noted.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

6.03 The terms used in this Bid which are defined in the General Conditions of the construction contract included as part of the Contract Documents have the meaning assigned to them in the General Conditions

6.04 Bidder understands that the OWNER reserves the right to reject any or all bids, reject any or all items, and further reserves the right to delete any item or parts of items

6.05 Bidder understands that the OWNER shall award the contract on the basis of the lowest total sum bid submitted, which total sum bid shall include the total of the base bid plus any alternates selected by the OWNER.

BID FORM Section 004100 – Page 4

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Bid Bond;

B. Bid Form (Section 004100);

C. Electronic PennBid Pricing Form;

D. Agreement of Surety Form;

E. PSATS CDL Program Contractor’s Statement of Compliance Form;

F. Non-Collusion Affidavit Form;

G. Nondiscrimination/Sexual Harassment Clause;

H. Certification of Bidder Regarding Equal Employment Opportunity;

I. Federal Contract Provisions Certification Form;

J. Buy American Certification;

K. Bidder Certification of Prequalification classification and Work Capacity Form

L. Certification of Non-Segregated Facilities

M. Compliance Illegal Alien Labor Act;

N. Compliance with The State Contractor Responsibility Program;

O. Contract Provision Right to Know Law;

P. Contractor Integrity Provision;

Q. Provisions Concerning the Americans With Disabilities Act;

R. Public Works Employment Verification Form;

S. Stop-Call Before You Dig;

T. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

U. Required Bidder Qualification Statement with Supporting Data;

V. The bidders must submit documentary evidence of Minority and Women Business Enterprises that have been contacted and to whom commitments have been made. Documentation of such solicitations and commitments shall be submitted concurrently with the bid (Form DCED-CCD-

286) Failure to submit this form will render the bid non-responsive and therefore result in rejection of the bid; and

BID FORM Section 004100 – Page 5

W. Section 3 Special Conditions and MBE/WBE Solicitation /Commitment Statement.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

BID FORM Section 004100 – Page 6

ARTICLE 9 – BID SUBMITTAL

9.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

By:

(S…