2-Bid Specifications.pdf

CONTRACT DOCUMENTS

for

AMERICAN RESCUE

PLAN ACT:

CORONAVIRUS STATE AND LOCAL

RECOVERY FUNDS

Revised May 26, 2022

© SEDA Council of Governments

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CONTRACT DOCUMENTS TABLE

OF CONTENTS

PAGE

PART I - INVITATION FOR BIDS

PART II - INSTRUCTIONS TO BIDDERS

PART III – SIGNATURE DOCUMENTS

BID 7

STATEMENT OF BIDDER'S QUALIFICATIONS

BID BOND………………………………………………………………………………………………………………………11

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER……………………………………………………………. 13

CERTIFICATION OF NON-SEGREGATED FACILITIES AND NON-EMPLOYMENT OF ILLEGAL

ALIEN LABOR…………………………………………………………………………………………………………………15

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

PRIME CONTRACTOR

MBE/WBE/SBE CONTRACT SOLICITATION AND COMMITMENT STATEMENT…………………23

MINORITY, WOMEN, AND SMALL BUSINESS ENTERPRISE BIDDER CERTIFICATION…………24

PART IV - CONTRACT CONDITIONS

SECTION 1 – GENERAL

1.1 DEFINITIONS

1.2 SCOPE OF WORK

SECTION 2 – CONTRACT AND CONTRACT DOCUMENTS

2.1 GENERAL

2.2 BIDDING DOCUMENTS

2.3 CONTRACTUAL DOCUMENTS

2.4 PLANS AND SPECIFICATIONS

2.5 NOTICE OF CHANGE OF ADDRESS

2.6 ASSIGNMENT OF CONTRACT

2.7 MODIFICATION OF CONTRACT

2.8 ORAL AGREEMENTS

SECTION 3 – INSURANCE, BONDS AND RELATED MATTERS

3.1 CONTRACTOR’S LIABILITY INSURANCE

3.2 OWNER'S LIABILITY INSURANCE

3.3 PROPERTY INSURANCE

3.4 WAIVER OF RIGHTS

3.5 RECEIPT AND APPLICATION OF INSURANCE PROCEEDS

3.6 LIMITS OF INSURANCE COVERAGE

3.7 PARTIAL UTILIZATION--PROPERTY INSURANCE

3.8 INDEMNIFICATION

3.9 SURETY BONDS

SECTION 4 – RESPONSIBILITY OF THE ENGINEER……………………………………………………………………….45

4.1 GENERAL………………………………………

4.2 OBSERVATION OF THE WORK

4.3 ACCEPTANCE OF WORK

4.4 ENGINEER IS OWNER'S REPRESENTATIVE

SECTION 5 – OWNER'S RIGHTS AND RESPONSIBILITIES

5.1 LANDS AND RIGHTS OF WAY

5.2 PERMITS

5.3 BASE LINES AND GRADES

5.4 OWNER'S RIGHT TO CORRECT DEFICIENCIES

5.5 UNDERGROUND STRUCTURES

5.6 OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT

SECTION 6 – CONTRACTOR’S RIGHTS AND RESPONSIBILITIES

6.1 GENERAL

6.2 APPLICABLE LAWS AND REGULATIONS

6.3 PERMITS, LICENSES AND CERTIFICATES

6.4 STRUCTURES OR WORK IN NAVIGABLE STREAMS

6.5 PERMITS AND INSPECTION CHARGES

6.6 CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE CONTRACT

6.7 UNDERGROUND STRUCTURES

6.8 SURVEYS

6.9 LANDS BY CONTRACTOR

6.10 PRIVATE AND PUBLIC PROPERTY

6.11 REPORTS, RECORDS AND DATA

6.12 MATERIALS AND EQUIPMENT – SOURCES OF SUPPLY

6.13 EXAMINATION AND TESTING

6.14 SPECIFIED BRANDS OF MATERIALS

6.15 TITLE TO MATERIALS

6.16 PATENTS, ROYALTIES AND LICENSES

6.17 SUPERVISION BY CONTRACTOR

6.18 CONTRACTOR RESPONSIBLE UNTIL WORK COMPLETED

6.19 LIGHT, HEAT, POWER, AND WATER

6.20 SANITARY PROVISIONS

6.21 SAFETY PROVISIONS

6.22 WORK DURING AN EMERGENCY

6.23 WARNING SIGNS AND BARRICADES

6.24 PUBLIC CONVENIENCE

6.25 PROTECTION, SUPPORT AND MAINTENANCE OF STRUCTURES

6.26 WEATHER CONDITIONS

6.27 PROTECTION AGAINST FREEZING

6.28 REMOVAL OF WATER

6.29 CONTRACTOR TO PROVIDE WATCHMEN

6.30 FIRES, SIGNS, LOADING AND REFUSE

6.31 USE OF PREMISES AND REMOVAL OF DEBRIS

6.32 EROSION AND SEDIMENTATION CONTROL

6.33 EMPLOYMENT REQUIREMENTS

6.34 EQUAL EMPLOYMENT OPPORTUNITY………………………………………………………………67

6.35 SEXUAL HARASSMENT

6.36 MINORITY, WOMEN, AND SMALL BUSINESS ENTERPRISES

6.37 DATE OF STARTING AND COMPLETING WORK

6.38 ORDER OF WORK

6.39 PROSECUTION OF WORK

6.40 COMPETENT WORKERS

6.41 SUBCONTRACTING

6.42 WORK BY OTHERS

6.43 COOPERATION OF TRADES

6.44 COOPERATION OF CONTRACTORS

6.45 NOTICE OF IMPERFECT WORK OR MATERIAL

SECTION 7 – PAYMENTS TO THE CONTRACTOR

7.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT

7.2 PARTIAL MONTHLY PAYMENTS

7.3 RETAINAGE

7.4 PAYMENT FOR UNCORRECTED WORK

7.5 PAYMENT FOR REMOVAL OF REJECTED WORK AND MATERIALS

7.6 ESTIMATES OF ENGINEER TO BE FINAL

7.7 STATED ALLOWANCES

7.8 REQUESTS FOR EXTRA COMPENSATION

7.9 NO CHARGE FOR DELAY

7.10 LIQUIDATED DAMAGES

7.11 FINAL PAYMENT

7.12 ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE

PART V - FEDERAL REQUIREMENTS

SECTION 1 – TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (P.L. 88-352) AS STATED IN 24 CFR 570.601

SECTION 2 – EXECUTIVE ORDER 11063, AS AMENDED

SECTION 3 – THE FAIR HOUSING ACT, TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 (42 U.S.C.

§§ 3601 ET SEQ.)…………………………………………………………………………………………………………….…………78

SECTION 4 – EXECUTIVE ORDER 11246

4.1 CONDITIONS IF CONTRACT AMOUNT LESS THAN $10,000

4.2 CONDITIONS IF CONTRACT EXCEEDS $10,000…………………………………………………… 79

4.3 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)

4.4 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION

CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)

SECTION 5 – EQUAL OPPORTUNITY FOR VEVRAA PROTECTED VETERANS

SECTION 6 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 ET. SEQ.)86

SECTION 7 – FEDERAL LABOR STANDARDS PROVISIONS

7.1 APPLICABILITY

7.2 MINIMUM WAGE RATES FOR LABORERS AND MECHANICS

SECTION 8 – LEAD BASED PAINT REQUIREMENTS

SECTION 9 – CLEAN AIR AND CLEAN WATER ACTS

SECTION 10 – ENERGY CONSERVATION PROVISIONS

SECTION 11 – AGE DISCRIMINATION ACT OF 1975, AS AMENDED (42 U.S.C. §§ 6101 ET SEQ.)…94

SECTION 12 – EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

SECTION 13 – SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED (29 U.S.C.

§ 794)………………………………………………………………………………………………………………………………………….96 SECTION 14 – TITLE II OF THE AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED (42

U.S.C. §§ 12101 ET SEQ.)…………………………………………………………………………………………………………….96

SECTION 15 – INCREASING SEAT BELT USE IN THE UNITED.……………………………………………….………96

SECTION 16 – REDUCING TEXT MESSAGING WHILE DRIVING…..………………………………………..………96

SECTION 17 – PUBLICATION OF US TREASURY FUNDS ……..….………………….………..……………..………96

PART VI - STATE REQUIREMENTS

SECTION 1 – PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT (NO. 178-3)

SECTION 2 – PENNSYLVANIA HUMAN RELATIONS ACT, AS AMENDED

SECTION 3 – THE PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

PART VII - GENERAL SPECIFICATIONS

SECTION 1 – PROJECT SITE

SECTION 2 – TIME FOR COMPLETION

SECTION 3 – LIQUIDATED DAMAGES

SECTION 4 – RESPONSIBILITIES OF CONTRACTOR

SECTION 5 – COMMUNICATIONS

SECTION 6 – JOB OFFICES

SECTION 7 – PARTIAL USE OF SITE IMPROVEMENTS

SECTION 8 – WORK BY OTHERS

SECTION 9 – CONTRACT DOCUMENTS AND DRAWINGS

SECTION 10 – PROGRESS SCHEDULE

SECTION 11 – SUBSTITUTION

SECTION 12 – SIGNS, BARRICADES, LIGHTS

SECTION 13 – PROTECTION OF EXISTING SITE CONDITIONS

SECTION 14 – REDUCTION IN WORK

SECTION 15 – ENGINEER’S RESPONSIBILITY AND AUTHORITY

SECTION 16 – TEMPORARY SUSPENSION OF CONSTRUCTION

SECTION 17 – INTENT OF PLANS AND SPECIFICATIONS

SECTION 18 – WORK INCIDENTAL TO CONTRACT ITEMS

SECTION 19 – CONSTRUCTION RESERVATION

SECTION 20 – DAMAGE TO EXISTING CONSTRUCTION

SECTION 21 – DISPOSAL OF EXISTING MATERIALS

SECTION 22 – PUBLIC CONVENIENCE AND SAFETY

SECTION 23 – STORAGE OF MATERIALS

SECTION 24 – GENERAL GUARANTY

PART VIII - TECHNICAL SPECIFICATIONS

003100.00 – AVAILABLE PROJECT INFORMATION

004143.00 – BID FORM – UNIT PRICE (SINGLE PRIME CONTRACT)

005100.00 – NOTICE OF AWARD

005200.00 – AGREEMENT

005500.00 – NOTICE TO PROCEED

006100.00 – PERFORMANCE BOND

006150.00 – PAYMENT BOND

006250.00 – CERTIFICATE OF SUBSTANTIAL COMPLETION

009113.00 – ADDENDA

009400.00 – WORK CHANGE DIRECTIVE

009410.00 – CHANGE ORDER

009420.00 – FIELD ORDER

011000.00 – SUMMARY

012000.00 – PRICE AND PAYMENT PROCEDURES

012500.00 – SUBSTITUTION PROCEDURES

013000.00 – ADMINISTRATIVE REQUIREMENTS

013216.00 – CONSTRUCTION PROGRESS SCHEDULE

013300.00 – SUBMITTAL PROCEDURES

014000.00 – QUALITY REQUIREMENTS

015000.00 = TEMPORARY FACILITIES AND CONTROLS

016000.00 – PRODUCT REQUIREMENTS

017000.00 – EXECUTION AND CLOSEOUT REQUIREMENTS

017419.00 – CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

031000.00 – CONCRETE FORMING

032000.00 – CONCRETE REINFORCING

033900.00 – CONCRETE CURING

036000.00 – GROUTING

310513.00 – SOILS FOR EARTHWORK

310516.00 – AGGREGATES FOR EARTHWORK

310519.13 – GEOTEXTILES FOR EARTHWORK

311000.00 – SITE CLEARING

312316.13 – TRENCHING

312319.00 – DEWATERING

312323.00 – FILL

312323.33 – FLOWABLE FILL

312500.00 – EROSION AND SEDIMENTATION CONTROLS

321123.00 – AGGREGATE BASE COURSES

321216.00 – ASPHALT PAVING

321623.00 – SIDEWALKS

329219.00 – SEEDING

330110.58 – DISINFECTION OF WATER UTILITY PIPING SYSTEMS

330505.31 – HYDROSTATIC TESTING

330507.13 – UTILITY DIRECTIONAL DRILLING

330509.33 – THRUST RESTRAINT FOR UTILITY PIPING

330561.00 – CONCRETE MANHOLES

331413.00 – PUBLIC WATER UTILITY DISTRIBUTION PIPING

331417.00 – SITE WATER SERVICE UTILITY LATERALS

331419.00 – VALVES AND HYDRANTS FOR WATER UTILITY SERVICE

PART I - INVITATION FOR BIDS

The Herndon Borough-Jackson Township Joint Municipal Authority (HBJTJMA) will receive sealed bids, via PennBID online submission or via hardcopy submission of one (1) original and two (2) copies, for the Route 147 Water Line Punchlist, at the Authority Office until 10 AM on August 7, 2026 at 278 North Main Street, Herndon, PA 17830, at which time and place, all bids will be publicly opened and read aloud. A pre-bid meeting will occur on July 22, 2026 starting at 11 AM at the

Authority Office and visiting various aspects of the Project site.

The HBJTJMA Route 147 Water Line Punchlist generally consists of the remaining items identified on the punchlist and final paving from the water line construction.

Digital copies of the Contract Documents may be obtained online at pennbid.procureware.com. A hardcopy is available for viewing at the Authority office, 278 North Main Street, Herndon, PA 17830 and reproductions shall be provided via USB and may be viewed or printed at the cost of the bidder.

A certified check or bank draft payable to the order of HBJTJMA, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety in an amount equal to ten percent (10%) of the total of the

Bid, shall be submitted with each bid. The Bidder shall include the fully completed Non-Collusion

Affidavit with the bid.

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

The HBJTJMA is utilizing federal funds for this project, and Northumberland County has adopted a

Minority and Women Business Enterprise (MBE/WBE) plan in accordance with Executive Orders

11625, 12138, and 12432. As such, the bidders/offerors must submit documentary evidence of minority and women business enterprises who have been contacted and to whom commitments have been made. Documentation of such solicitations and commitments shall be submitted with the bid.

Moreover, the CONTRACTOR shall strive to meet the MBE goal of 5% and the WBE goal of 3% for contracts of $25,000 or more. MBE/WBE concerns shall be afforded full opportunity to bid without discrimination. Davis-Bacon and Related Acts apply to this Project.

Bids may be held by the HBJTJMA for up to 60 days from the date of opening for the purpose of reviewing the bids and investigating the qualifications of bidders prior to awarding the contract. The

HBJTJMA reserves the right to reject any or all bids, to waive any irregularities, or to negotiate contract amounts.

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PART II - INSTRUCTIONS TO BIDDERS

1. BIDS

A. All bids must be submitted on forms supplied by HBJTJMA, the Owner, and shall be subject to all requirements of the Contract Documents, including the product descriptions, and these

INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no inter-lineations, excisions, or special conditions shall be made or included in the Bid Form by the Bidder.

B. Bid Documents, including the completed Bid Forms, Certification of Non-Segregated Facilities, Public Works Employment Verification Form, Certification of Bidder Regarding Equal

Employment Opportunity, Identification of Individual, Partnership, or Corporate Principals, and the Non-Collusion Affidavit shall be completed and submitted.

C. The Owner may consider irregular any Bid on which there is an alteration of or departure from the Bid Form hereto attached and at its option may reject or accept same.

D. If the Contract is awarded, it will be awarded by the Owner to a responsible Bidder on the basis of the lowest responsible bid.

E. In the event that deduct(s), add alternate(s), or optional line items are included on the project bid form, the OWNER reserves the right to remove deduct(s) from the project or award individual add alternates or optional line item(s) at its sole discretion, based upon, but not limited by available grant funding.

In the event that the OWNER awards a combination of add alternate(s) or optional line item(s), the lowest apparent bidder shall be calculated by totaling the combined amount of the base bid with any alternate(s), or optional line item(s) that are to be awarded.

F. Each Bidder shall include in his/her Bid the following information:

Firm Name Federal Employer Identification Number Address City, State, and Zip Code Principals’ Names

Social Security Numbers

G. Each bidder will submit one (1) original bid as well as two (2) additional copies.

2. ALTERNATIVE BIDS

No alternative bids will be considered.

3. COLLUSIVE AGREEMENTS

Each Bidder submitting a Bid to the Owner shall execute and attach hereto, an affidavit substantially in the form herein provided, to the effect that they have not colluded with any other person, firm, or corporation in regard to any Bid submitted.

4. TIME FOR RECEIVING BIDS

Bids received prior to the advertised hour will be securely kept and sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered.

5. OPENING OF BIDS

At the time and place fixed for the public opening of Bids, the Owner, or their agent will cause to be opened and read aloud the Bid(s) received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person, or by representative.

6. AWARD OF CONTRACT: REJECTION OF BIDS

The Contract will be awarded to the lowest responsible Bidder complying with the conditions of the Invitation for Bids. The Bidder to whom the award is made will be notified at the earliest possible date. Bidders agree to honor their bid for not less than 60 days from the date of bid opening. The Owner reserves the right to reject any and all Bids and to waive any irregularity in Bids received whenever such rejection or waiver is in its interest.

7. WARRANTY

A warranty of at least one year on all parts and labor is to be provided with no exceptions. There shall be no charge to the buyer for any travel, parts, or labor during this warranty period.

8. EQUAL EMPLOYMENT OPPORTUNITY

Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of race, sex, color, national origin, or religion. Each Bidder must submit a completed Certification of Bidder Regarding Equal Employment Opportunity.

9. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS

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

10. W-9 FORM

The Bidder to Whom the award is made shall complete the W-9 Form prior to issuance of the Notice to Proceed.

PART III – SIGNATURE DOCUMENTS

BID

To the: HBJTJMA

278 N. Main Street

Herndon, PA 17830

1. The undersigned, having familiarized (himself/herself/themselves) with the existing conditions on the

Project area affecting the cost of the Work, and with the Contract Documents, including the Invitation for Bids, Signature Documents, the form of Bid, the form of Contract, the Non-Collusion Affidavit, the Contract Conditions, Federal Requirements, State Requirements, Specifications, as prepared by

OPS, and on file in the office of the HBJTJMA, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete HBJTJMA Route 147 Water Line

Punchlist project, all in accordance with the above-listed documents, for the Base Bid sum of dollars ($ ).

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

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

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

Contract for which this Bid is submitted.

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

6. The undersigned represents that he/she is in receipt of the following number of Addenda. (If no

Addenda are issued, insert the word “none” in the following space.)

Witness Signature

Name, Title (Please Print)

Date

STATEMENT OF BIDDER'S QUALIFICATIONS

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

1. Name of bidder.

2. Permanent main office address.

3. When organized.

4. If a corporation, where incorporated.

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

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

7. General character of work performed by your company.

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

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

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

11. List your major equipment available for this contract.

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

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

14. Credit Available: $

15. Give bank reference:

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

17. The undersigned certifies for itself, it has no unsatisfied tax liabilities or other Commonwealth obligations.

18. The undersigned certifies for itself and all of its subcontractors and suppliers that it is not under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority.

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

Qualifications.

Dated at this day of , 20 .

(Name of Bidder)

By:

Title:

State of )

County of )

, being a duly sworn representative of deposes and says that all statements herein contained are true and correct.

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

Notary Public

My commission expires , 20 .

STATEMENT OF BIDDER'S QUALIFICATIONS (continued)

Certifications:

I, , certify that I am the _____________________ of the Corporation named as CONTRACTOR herein;

that_________________________________________________who signed this Agreement on behalf of the CONTRACTOR, was the________________________________________ of said

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

(Corporate Seal)

BID BOND

KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED

as PRINCIPAL; and as SURETY, are held and firmly bound unto , hereinafter called the "OWNER," in the penal sum of Dollars ($ ), lawful money of the United

States of America, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , , for

(description of work).

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall within the period specified therefore, or if no period be specified, with ten (10) days after the prescribed forms are presented to him/her for signature, enter into a written Contract with the

OWNER in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the time specified, if the Principal shall pay the OWNER may procure the required Work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presentees signed by its undersigned representative, pursuant to authority of its governing body.

INDIVIDUAL OR PARTNERSHIP PRINCIPALS

(SEAL)

In the presence of: (SEAL)

CORPORATE PRINCIPAL

ATTEST:

BY: (SEAL)

SURETY

ATTEST:

BY: (SEAL)

Countersigned:

BY:

Attorney-in-fact, State of

CERTIFICATE AS TO CORPORATE PRINCIPAL

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

(CORPORATE SEAL)

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of )

County of )

, being first duly sworn, deposes and says that:

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

2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

3) Such Bid is genuine and is not a collusive or sham Bid;

4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted, or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached Bid or of any other bidder, or to fix any overhead, profit, or cost element for the Bid prices or the Bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the or any person interested in the proposed Contract; and

5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its officers, partners, agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed

Title

Subscribed and sworn to before me this day of , 20

Title

My commission expires

CERTIFICATION OF NON-SEGREGATED FACILITIES AND NON-

EMPLOYMENT OF ILLEGAL ALIEN LABOR

The Bidder certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Employment Opportunity Clause in any contract resulting from acceptance of this Bid. As used in this certification, the term

“segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he/she has obtained identical certifications from proposed subcontractors) prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Employment

Opportunity Clause, that he/she will retain such certifications in his/her files.

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

In the event that the Bidder

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

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

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

Date: , 20 (Name of Bidder)

Official Address By:

(including ZIP CODE):

(Title)

Employer Identification Number

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date

Business or Organization Name (Employer)

Address

City State Zip Code

Contractor Subcontractor (check one)

Contracting Public Body

Contract/Project No

Project Description

Project Location

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013, are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, , authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

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 Employment 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 (7) 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 Employment

Opportunity Clause.

Yes No

2. Compliance reports were required to be filed in connection with such contract or subcontract.

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?

Name and Title of Signer (Please Type)

Signature Date

PRIME CONTRACTOR

SUBCONTRACTOR

LISTING

SHALL BE SUBMITTED PRIOR TO FINAL PAYMENT PRIME CONTRACTOR’S NAME: PROJECT NAME: Route 147 Water Line Punchlist

ADDRESS: FEDERAL EMPLOYER IDENTIFICATION NUMBER:

EMAIL:

CHECK WHICH TYPE OF CONTRACT APPLIES BELOW:

TELEPHONE:

GENERAL PLUMBING ELECTRICAL MECHANICAL OTHER

CONTACT PERSON:

SUBCONTRACTOR ADDRESS/TELEPHONE/EMAIL FEIN AWARD

DATE

DOLLAR

AMOUNT OF

CONTRACT

MBE/WBE/SBE CONTRACT SOLICITATION AND COMMITMENT STATEMENT

TO BE SUBMITTED WITH THE BID

Name of Bidder:

Project Name: Route 147 Water Line Punchlist

Address:

Email Address:

Bid Opening Date: August 7, 2026

Telephone Number:

Contact Person:

List those minority/women owned and small businesses from which you solicited quotes and/or received quotes in regard to this invitation for bid.

*Ethnic Code: A- Asian-Pacific Americans; B-African Americans; H-Hispanic Americans; N- Native Americans

Company Name & Telephone Number

MBE*

(enter code from below)

WBE

(X)

SBE

(X)

Type of Construction, Equipment, Services, and/or Supplies to be provided to the Project

Total Dollar Amount of Quote Received

(Please mark NR If no response was received)

Total Dollar

Amount Awarded

(If not awarded indicate reason)

Prepared By: Title:

MINORITY, WOMEN, AND SMALL BUSINESS ENTERPRISE BIDDER CERTIFICATION

The submittals of each bidder are subject to review to determine whether the bidder has discriminated in the selection of manufacturers, subcontractors, and suppliers. If a bidder has met the goals for MBE/WBE/SBE participation, the bidder will be presumed not to have discriminated in their selections.

Where the goals are not met, the below statements, if accurate, shall be certified by the bidder:

1. The limited number or no commitment to MBEs/WBEs/SBEs was not motivated by consideration of race or gender.

2. MBEs/WBEs/SBEs were not treated less favorably than other businesses in the contract solicitation and commitment process.

3. Solicitation and commitment decisions were not based upon policies which disparately affect MBEs/WBEs/SBEs.

By signing below, I certify that the above statements are true and accurate.

Company Name

Signature Date

Employer identification number

Part I

Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a

Social security number

TIN, later. or

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Part II Certification

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.

• Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)

• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)

• Form 1099-S (proceeds from real estate transactions)

• Form 1099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)

• Form 1099-C (canceled debt)

• Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)

Sign Here

Signature of

P ri n t o r ty p e

S e e S p e c if ic I n s tr u c ti o n s o n p a g e

FormW-9 (Rev. October 2018)

Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

▶ Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the requester. Do not send to the IRS.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single-member LLC

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ▶

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting code (if any)

(Applies to accounts maintained outside the U.S.)

5 Address (number, street, and apt. or suite no.) See instructions. Requester’s name and address (optional)

6 City, state, and ZIP code

7 List account number(s) here (optional) http://www.irs.gov/FormW9 http://www.irs.gov/FormW9

Form W-9 (Rev. 10-2018)

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:

• An individual who is a U.S. citizen or U.S. resident alien;

• A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;

• An estate (other than a foreign estate); or

• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.

• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;

• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and

• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the instructions for Part II for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding.

See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships, earlier.

What is FATCA Reporting?

The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions

Line 1

You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.

a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.

Line 4, Exemptions

b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.

c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.

d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.

e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S.

person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9.

This is the case even if the foreign person has a U.S. TIN.

Line 2

If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3

Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.

If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.

• Generally, individuals (including sole proprietors) are not exempt from backup withholding.

• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends.

• Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions.

• Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4.

1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)

2—The United States or any of its agencies or instrumentalities 3—

A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities

4—A foreign government or any of its political subdivisions, agencies, or instrumentalities

5—A corporation

6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession

7—A futures commission merchant registered with the Commodity Futures Trading Commission

8—A real estate investment trust

9—An entity registered at all times during the tax year under the Investment Company Act of 1940

10—A common trust fund operated by a bank under…