1-Project Manual Orwigsburg Borough 2026 Road Program 20260622.pdf

PROJECT MANUAL

2026 Road Program Orwigsburg Borough

Schuylkill County, Pennsylvania

Prepared For

Orwigsburg Borough 333 South Liberty Street

Orwigsburg, PA 17961

June 2026

Project No. 0326-609037.02, Task 1

PennDOT Project No. 26-53419-001

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.

Orwigsburg Borough |2026 Road Program| Project Manual

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PENNDOT SHORT FORM DOCUMENTS

Proposal and Contract *

Attachment 1 for Proposal and Contract *

Special Provisions to Contract (Attachment 1A) *

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 *

Provisions Concerning the Americans with Disability Act *

Public Works Employment Verification Form *

Statement of Bidders Qualifications Form *

Certification of Compliance Form

Wage Rates

PA1 Call

Location Map

* Submit with Bid

TABLE OF CONTENTS

Orwigsburg Borough | 2026 Road Program

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Orwigsburg – 2026 Road Program – Project No. 0326-609037.02 | PennDOT No. 26-53419-001 ADVERTISEMENT FOR BIDS Section 001000

AD-1

ADVERTISEMENT FOR BID

SEALED BIDS for the ORWIGSBURG BOROUGH 2026 ROAD PROGRAM PROJECT will be received online via the PennBid Program by Orwigsburg Borough until July 7, 2026, at 2:00 P.M. (prevailing time) and will be publicly announced during the Regular Borough Council Meeting scheduled on July 8, 2026, at 7:00 P.M.

Bid results will be available online at http://PennBid.bonfirehub.com following the meeting.

The Road Program project will consist of Cold-in-Place Recycled Base Course with Emulsified Asphalt and Wearing course overlay, or alternate bid of full-depth asphalt milling and overlay of S. Liberty Street in Orwigsburg Borough. The items of work are identified more specifically in the Project Specifications. The entire project will be awarded to one (1) Contractor.

All documents and project details are available at no cost at http://PennBid.bonfirehub.com

Contractors must be PennDOT prequalified.

A certified check or bank draft, payable to the order of ORWIGSBURG BOROUGH, negotiable US Government Bonds (at par value), or satisfactory Bid Bond executed by the Bidder and acceptable surety in the amount of 10% of the Total Bid of construction 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.

Pennsylvania Wage Rates apply to all projects greater than one hundred thousand ($100,000).

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 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.

No bidder shall withdraw a bid within sixty (60) days after the actual date of the Bid opening.

BOROUGH OF ORWIGSBURG

MR. RICHARD BUBECK, COUNCIL PRESIDENT

TO: POTTSVILLE REPUBLICAN legals@timesshamrock.com

PLEASE PUBLISH ON:

1. TUESDAY, June 23, 2026

2. FRIDAY, June 26, 2026

PLEASE SEND INVOICE TO: ORWIGSBURG BOROUGH

333 SOUTH LIBERTY STREET

ORWIGSBURG, PA 17961

ATTENTION: MR. WILLIAM REPPY, BOROUGH MANAGER

PLEASE SEND CONFIRMATION OF PUBLICATION TO:

CHERYL BOLICH

cbolich@benesch.com

PENNDOT SHORT FORM DOCUMENTS

PROPOSAL AND CONTRACT

-1-

MS-944 03-07

DISTRICT 5-0

PROPOSAL & CONTRACT (THIS PROPOSAL INCLUDES

(WHEN EXECUTED) INSTRUCTIONS TO BIDDERS)

A. DEPOSIT OF PROPOSALS.

All Bid proposals shall be clearly marked Orwigsburg Borough “2026 Road Program Proposal Bid Proposal Municipality Name and Type

Due By July 7, 2026.” 570-366-3103 Date Telephone No.

William Reppy Borough Manager

Sealed Proposals will be received on or before 2:00 p.m., on Tuesday, July 7, 2026. 333 South Liberty Street Time and Date Address

Bids will be announced at approximately Orwigsburg, PA 17961 7:00 p.m., on Wednesday, July 8, 2026. Proposals must be submitted online at:

Time and Date 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 MUST be prequalified by PennDOT.

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 on or before September 15, 2026. If all work is not completed on time, liquidated damages will be assessed at the rate of $975.00 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 be

-2-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

SEAL

ATTACHMENT 1 FOR PROPOSAL AND CONTRACT

County: Municipality:

GAL

SY

TN

SY

EA

EA

LF

EA

CY

SUBTOTAL

No Escalator clause for quantities of bituminous material of less than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. PennDOT Pub. 408, Section 110.04 will apply to quantities of bituminous materials greater than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. (See Attachment 1-A for more information)

Complete PennDOT Mix Design(s) for Cold In Place

Recycled Base Course 9000-0001

- 3A -

* 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.

** - item to be deducted if not used

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

8 Grade Adjustment of Existing Manholes

5,950

Remove and replace soft and yielding areas with 2A stone and compact **

Superpave Asphalt Mixture Design, Wearing

Course, PG 64S-22, <0.3 Million ESALS, 9.5 MM

MIX (1.5" Depth)

Portland Cement Additive

9000-0002

0606-0150

ATTACHMENT 1

Approximate

2 Quantities

Unit

*Description

T H

IS

P

O R

T

IO

N T

O B

E C

O M

P L E

T E

D

B Y

T H

E M

U N

IC

IP

A L

IT

Y

Item

1 No.

LOCATION OF WORK:

Schuylkill

For Informational Purposes Only - Please complete on PennBid

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

Orwigsburg Borough

PennDOT Number: 26-53419-001

ESCALATOR CLAUSE:( if adopted by Municipality.)

The contractor shall complete on-grade construction and material processing for Cold-in-Place Recycled Base

Course with Emulsified Asphalt and Portland Cement Additive, 5" Depth along S. Liberty Street from the intersection of Ridge Road to the intersection of W. Market Street an average of 30' wide. ALL WORK SHALL

BE DONE ACCORDING TO PENNDOT PUBLICATION 408 SECTION 341. After Cold-in-Place Recycling has cured, contractor to place Superpave Asphalt Mixture Design, Wearing Course, PG 64S-22, <0.3 Million

ESALs, 9.5 MM mix, 1.5" depth. 4" Yellow Waterborne Pavement Markings to be painted along centerline of roadway full length of the project limits (Double Yellow). Install grade adjustment for manholes and water valves as directed by Borough Representative. No proposed work is permitted within the PennDOT right-of-way within the lanes/shoulders of W. Market Street (SR 443). Contractor Work shall include the following incidental items: shoulder backup; sweeping of roadway; tack coating; milling of paving notches, drives, approaches and curb reveals; and sealing of joints and utilities. Contractor to properly dispose of milled/excavated material. Maintenance and Protection of Traffic is to be completed by the Contractor and is incidental to all items of work. Contractor to ensure S. Liberty Street remains open at all time during the full duration of construction. Orwigsburg Borough will complete the painting of crosswalks and parking stalls to match existing. See Attachment 1-A for additional information related proposed grades.

0326-609037.02Benesch Number:

LOCATION 1: S. Liberty Street from Ridge Road to W. Market Street (SR 0433) (BASE

BID)

(1735' in length, average 30' width)

DESCRIPTION OF WORK:

Unit

5 Price

0413-0195

Total

5,950

0341-0110 10,700 Emulsified Asphalt Material (per approved mix design)

0341-0103 Cold In Place Recycled Base Course With

Emulsified Asphalt, 5" Depth

0962-1005 3,470 4" Yellow Waterborne Pavement Markings (Double

Yellow)

0606-0160 9 Grade Adjustment of Existing Water Valves

0344-0003

County:

SY

SY

LF

SY

CY

SUBTOTAL

Municipality:

T

H

IS

P O

R T

IO

N

T O

B E

C O

M P

L E

T E

D

B Y

T H

E M

U N

IC

IP

A L

IT

Y

LOCATION 1: S. Liberty Street from Ridge Road to W. Market Street (SR 0433)

(ALTERNATE BID)

(1735' in length, average 30' width)

Benesch Number:

*Description

LOCATION OF WORK:

Unit

5 Price

DESCRIPTION OF WORK:

No Escalator clause for quantities of bituminous material of less than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. PennDOT Pub. 408, Section 110.04 will apply to quantities of bituminous materials greater than 100 tons of asphalt cement including asphalt cement residue contained in emulsions or cutbacks. (See Attachment 1-A for more information)

Item

1 No.

Approximate

2 Quantities

ATTACHMENT 1

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

Schuylkill Orwigsburg Borough

PennDOT Number: 25-53419-001

Unit

0313-0622 5,950

Superpave Asphalt Mixture Design, Base Course, PG 64S-22, 10 to < 30 Million ESALS, 25.0 MM MIX

(4" Depth)

The contractor shall sawcut, excavate, and remove existing material (5.5" average depth) along the travel lanes at an average of 30' in width along S. Liberty Street from the intersection of Ridge Road to the intersection of W. Market Street; to then receive Superpave Asphalt Mixture Design, Base Course, PG 64S-

22, 10 < 30 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, 1.5" depth. Contractor to reuse and recompact the existing subbase material. 4" Double Yellow Waterborne Pavement Markings to be painted along centerline of roadway full length of the project limits. No proposed work is permitted within the PennDOT right-of-way within the lanes/shoulders of W. Market Street (SR 443). Work shall include the following incidental items: shoulder backup; sweeping of roadway; tack coating; milling of paving notches, drives, approaches and curb reveals;

and sealing of joints and utilities. Contractor to properly dispose of milled/excavated material. Maintenance and Protection of Traffic is to be completed by the Contractor and is incidental to all items of work. Contractor to ensure S. Liberty Street remains open at all time during the full duration of construction. Orwigsburg

Borough will complete the painting of crosswalks and parking stalls to match existing.

0325-609037.03

Total

ESCALATOR CLAUSE:( if adopted by Municipality.)

For Informational Purposes Only - Please complete on PennBid

- 3B -

* 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.

** - item to be deducted if not used

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

9000-0003 50 Remove and replace soft and yielding areas with 2A stone and compact **

4" Yellow Waterborne Pavement Markings (Double

Yellow)

Superpave Asphalt Mixture Design, Wearing

Course, PG 64S-22, < 0.3 Million ESALS, 9.5 MM

MIX (1.5" Depth)

4203-0002 5,950 Milling - 5.5" Avg Depth

5,9500413-0195

0901-0320 3,470

SPECIAL PROVISIONS TO CONTRACT

(ATTACHMENT 1A)

County: Schuylkill Municipality: Orwigsburg Borough PennDOT No. 26-53419-001 Benesch No. 0326-609037.02

-4-

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

- Maintenance and Protection of Traffic is the responsibility of the contractor. Contractor to coordinate with Orwigsburg Borough and Engineer (Maintenance and Protection of Traffic to comply with current MUTCD, PennDOT Publication 212 and PennDOT Publication 213.)

- The Contractor to complete half-width construction ensuring that S. Liberty Street remains open at all times during the full duration of construction.

- The Contractor may request the Borough temporarily close S. Liberty Street. Road closures must be pre-approved by the Engineer and the Borough.

- Maintenance and protection of traffic is incidental to all items of construction.

GENERAL

- For further information regarding the project, please submit questions through PennBid by 12:00 P.M. on July 1, 2026.

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

- Half-width paving and coordination associated with traffic control is required unless otherwise agreed to by the

Borough or its Representative. A full detour of South Liberty Street is not permitted.

- 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 five (5) calendar days prior to the start of the project.

- Work schedule must be coordinated with the Municipality and must be completed prior to construction.

- Work to be completed between July 15, 2026, and September 15, 2026. After September 15, 2026, liquidated damages apply at the rate of $975.00 per calendar day.

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

- Municipality will inspect the project.

- No proposed work is permitted within the PennDOT right-of-way within the lanes/shoulders of W. Market Street

(SR 443)

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

- Completion of NON-COLLUSION AFFIDAVIT required.

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

- Contractor must complete and submit the CS-1PA, Price Adjustment of Bituminous Material, if applicable.

- Contractor is responsible for defects that occur within one year of applications.

- 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 MUST be PENNDOT prequalified. Proof of prequalification is required.

- 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 20 days of the award of the contract.

- The Municipal 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.

- A Fuel surcharge will not apply to this contract.

-5-

Attachment 1-A

SPECIFICATIONS AND SPECIAL PROVISIONS TO CONTRACT MS-944

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

- Maintain existing bituminous elevations around inlets, stormwater or sump pump penetrations in curbing, and ADA ramps.

PENNSYLVANIA PREVAILING WAGES

Pennsylvania Prevailing Wages Apply to this contract, See the PREVAILING WAGES ATTACHEMENT

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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ATTACHMENT 1-A

SPECIFICATIONS AND SPECIAL PROVISIONS TO CONTRACT MS-944

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

ASPHALT PAVING (GENERAL)

The scope of the work is to base replacement, mill and overlay the roadways and aprons including binder course, tack coat, wearing course, and sealing of joint and backup material as indicated on Attachment 2. The items below are incidental to placement of paving unless otherwise noted.

- The Contractor is to remove excess material.

- Complete all testing in accordance with PENNDOT Specifications Pub 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 existing 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.

- The Contractor will supply the BOROUGH with Asphalt Mix Design which meets PennDOT Specifications Form

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 or milled material in other areas) is incidental to wearing course.

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

- Retain existing pavement cross slope unless otherwise noted.

- Maintain existing elevations of bituminous curb and curb reveal.

PRICE ADJUSTMENT OF BITUMINOUS MATERIALS (ESCALTOR CLAUSE)

This contract does not contain an escalator clause for the Price Adjustment of Bituminous Materials for small quantities.

A small quantity is a contract that uses or indicates for placement 100 tons or less of asphalt cement based on the actual mix designs or material specifications for the materials incorporated into the project. If the bituminous materials incorporated into this project exceed the 100-ton threshold then a bituminous price adjustment will be allowed as per PennDOT Specifications Form 408, Current Edition, Section 110.04 Price Adjustment of Bituminous Materials. If the bituminous material incorporates RAP in the mix design the 100-ton limit and the bituminous price adjustment will only be calculated on the virgin asphalt. The Base Bid Price Index (IB) will be calculated using the month in which the project is first advertised, and the work is in the applicable Zone. The Bidder will be responsible for completing a CS-1PA Price Adjustment of Bituminous Materials calculation form if applicable. The bidder will provide this form with the invoices, and the invoices will show the per ton or per SY price in the bid and the lump sum price increase or decrease supported with CS-1PA calculation form. The bidder shall also supply the Municipality with a copy of the bituminous mix design for each material supplied with the initial CS-1PA form or if the bituminous mix design changes. Prior to the start of the work the bidder shall provide the Municipality with the per ton or per SY calculation of the bituminous price adjustment.

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ATTACHMENT 1-A

SPECIFICATIONS AND SPECIAL PROVISIONS TO CONTRACT MS-944

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

ITEM NO. 4203-0002 Milling (5.5” AVG. DEPTH) (ALTERNATE)

In accordance with Sections 0491 of PennDOT Publication 408 in its latest revision and as follows:

Description: Milling of existing material to a 5.5” average depth as indicated.

Construction: All items of work necessary to remove existing material.

Unit of Measurement: SQUARE YARD (SY)

ITEM NO. 0341-0103 COLD IN PLACE RECYCLED BASE COURSE WITH EMULSIFIED ASPHALT, 5”

DEPTH

In accordance with Sections 0341 of PennDOT Publication 408 in its latest revision and as follows:

- Contractor to provide a mix design for approval to the PennDOT District 5-0 Materials Engineer and obtain approval prior to Notice to Proceed being granted. Provide all copies of documents submitted to PennDOT and approval letter to the Borough. (Item No. 9000-0001).

- Provide a Bill of Lading for each shipment of bituminous material per PennDOT Pub 408, example references Section

702.1 (c).

- Allow the recycled base course to cure for a time period per PennDOT Pub 408 Section 341.3(h) before application of wearing course. During the curing time, contractor shall be responsible for maintaining and repairing any/all raveling and other defects such as soft and yielding areas due to recycled process, at no additional cost to the Borough.

- Contractor is to take cores to determine existing depth of existing asphalt material and discuss with Borough engineer how to proceed with removal depth of existing asphalt material and determining the correct additive and quantity of additive to be applied for recycled base course.

- Proposed curb reveal must be maintained at a minimum of 6”. No changes in curb reveal are permitted adjacent drainage structures and existing ADA curb ramps.

- Contractor must not impact, cover, or in any way impede flow for any stormwater or sump pump discharge to the curb line throughout the project limits.

- Contractor to maintain maximum 3% roadway cross slope in the proposed condition.

- Contractor must remove additional recycled material to ensure proposed grades meet the above requirements.

Removed material to be the property of the contractor and must be taken offsite.

GENERAL DESCRIPTION OF WORK

Base Bid: S. Liberty Street from Ridge Road to W. Market Street.

(1735’ in length, average 30’ width) The contractor to take cores of the existing roadway to determine the required depth of reclaimed material and the correct additive and additive quantity. The contractor shall complete on-grade construction and material processing for Cold-in- Place Recycled Base Course with Emulsified Asphalt and Portland Cement Additive, 5" Depth along S. Liberty Street from the intersection of Ridge Road to the intersection of W. Market Street an average of 30' wide. ALL WORK SHALL BE DONE ACCORDING TO PENNDOT PUBLICATION SECTION 0341. After Cold-in-Place Recycling as cured, contractor to placed Superpave Asphalt Mixture Design, Wearing Course, PG 64S-22, <0.3 Million ESALs, 9.5 MM mix, 1.5" depth. 4" Yellow Waterborne Pavement Markings to be painted along centerline of roadway full length of the project limits (Double Yellow). Install grade adjustment for manholes and water valves as directed by Borough Representative.

No proposed work is permitted within the PennDOT right-of-way within the lanes/shoulders of W. Market Street (SR 443).

Work shall include the following incidental items: shoulder backup; sweeping of roadway; tack coating; milling of paving notches, drives, approaches and curb reveals; and sealing of joints and utilities. Contractor to properly dispose of milled/excavated material. Maintenance and Protection of Traffic is to be completed by the Contractor and is incidental to all items of work. Contractor to ensure S. Liberty Street remains open at all times during the full duration of construction.

-8-

ATTACHMENT 1-A

SPECIFICATIONS AND SPECIAL PROVISIONS TO CONTRACT MS-944

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

Orwigsburg Borough will complete the painting of crosswalks and parking stalls to match existing. See Attachment 1-A for additional information related to proposed grades.

Alternate Bid: S. Liberty Street from Ridge Road to W. Market Street.

(1735’ in length, average 30’ width) (Full depth reconstruction) The contractor shall sawcut, excavate, and remove existing material (5.5" average depth) along the travel lanes at an average of 30' in width along S. Liberty Street from the intersection of Ridge Road to the intersection of W. Market Street;

to then receive Superpave Asphalt Mixture Design, Base Course, PG 64S-22, 10 < 30 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, 1.5" depth. Contractor to reuse and recompact the existing subbase material. 4" Yellow Waterborne Pavement Markings to be painted along centerline of roadway full length of the project limits (Double Yellow). No proposed work is permitted within the PennDOT right-of-way within the lanes/shoulders of W. Market Street (SR 443).

Work shall include the following incidental items: shoulder backup; sweeping of roadway; tack coating; milling of paving notches, drives, approaches and curb reveals; and sealing of joints and utilities. Contractor to properly dispose of milled/excavated material. Maintenance and Protection of Traffic is to be completed by the Contractor and is incidental to all items of work. Contractor to ensure S. Liberty Street remains open at all times during the full duration of construction.

Orwigsburg Borough will complete the painting of crosswalks and parking stalls to match existing.

* NOTE: The length of the work and quantity of material needed on these roadways 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

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 bouden 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 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, 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

AFFIDAVIT ACCEPTING PROVISIONS OF THE

WORKMEN’S COMP. ACT

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MS-944 Attachment 4

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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D-7126 ( 6-99 )

ANTI-COLLUSION AFFIDAVIT

County Schuylkill

Municipality Orwigsburg Borough

Project Number 26-53419-001

State of Pennsylvania 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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MS-NCP

MUNICIPALITY Orwigsburg Borough, Schuylkill County

NOTICE OF COMPLETION

IN REFERENCE TO PROJECT NO.: 26-53419-001

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

Orwigsburg Borough – 2026 Road Program

Schuylkill County, Pennsylvania

Project No. 0326-609037.02

PennDOT No. 26-53419-001

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 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 the Municipality and Alfred Benesch & Company 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.”

Signature

CERTIFICATION OF BIDDER REGARDING

EQUAL EMPLOYMENT OPPORTUNITY

Orwigsburg Borough –2026 Road Program – Project No. 0326-609037.02 | PennDOT No. 26-53419-001

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

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

100.

Yes No None Required

4. 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

EJCDC C-435 Bid Bond (Damages Form)

Prepared by the Engineers Joint Contract Documents Committee.

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

Attest: Attest:

Signature Signature

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)

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…