2-Foster Twp Bid Pckg.pdf

PROJECT MANUAL

Centre Street (SR 0940) Streetscape Improvements Foster Township

Luzerne County, Pennsylvania

Prepared for

1000 Wyoming Avenue

Freeland, PA 18224

August 2026

Project No. 0326-609022.20

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

Foster Township | Centre Street Streetscape Improvements| Project Manual

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PENNDOT SHORT FORM DOCUMENTS

Proposal and Contract *

Attachment 1 Proposal and Contract

Special Provisions to Contract (Attachment 1A) *

Proposal and Contract Instructions

Attachment 2 Performance Bond

Attachment 3 Payment Bond

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

Attachment 5 Anti-Collusion Affidavit *

Attachment 6 Notice of Completion

Attachment 7 Insurance Requirements

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 *

Bidder Certification of Prequalification Classification and Work Capacity Form*

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 *

PA1 Call

Wage Rates

Plans

Submit with Bid *

TABLE OF CONTENTS

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Foster Township – Centre Street (SR 0940) Streetscape Improvements – Project No. 0326-609022.20

ADVERTISEMENT FOR BIDS Section 001000

ADVERTISEMENT FOR BIDS Section 001000 – Page 1

ADVERTISEMENT FOR BIDS

Foster Township will receive bids for the Centre Street (SR 0940) Streetscape Improvements project, until Thursday, September 3, 2026, at 1:00 pm, online via the PennBid Program. The contract will be awarded publicly at future Supervisor’s meeting, at the Foster Township Municipal

Building, 1000 Wyoming Ave., Foster Township, PA 18224. Bid results will be available online at https://pennbid.bonfirehub.com following the meeting. Any questions should be requested through

Pennbid. Work includes paving, sidewalks, and curb.

Details to be included in the proposal and equal opportunity requirements are available at no cost at https://pennbid.bonfirehub.com. This bid is for a public works contract and bidder is subject to the provisions, duties, obligations and penalties of the Public Works Employment Verification Act. All bids shall be accompanied by the Public Works Employment Verification Form. The Contractor shall be a PennDOT prequalified prime paving contractor (unless otherwise approved) and be required to comply with the provisions of the Pennsylvania Human Relations Act in providing equal employment opportunities in connection with all work. PA Prevailing Wage requirements will be required.

The Township reserves the right to reject any Bids or waive any irregularities. Bids may be held for

60 days after opening, however awarding of the contract to the lowest responsible bidder may be delayed 120 days in order to obtain other approvals. The successful bidder shall furnish a performance bond and payment bond equal to 100% of the Contract price. The Township is an

Equal Opportunity Employer.

Foster Township Supervisors

TO: STANDARD SPEAKER

PLEASE PUBLISH ON:

1. Wednesday, August 19, 2026

2. Saturday, August 22, 2026

PLEASE SEND INVOICE AND PROOF OF PUBLICATION TO:

1000 Wyoming Avenue

Freeland, PA 18224

And copy to: cbolich@benesch.com

Alfred Benesch & Company

670 S. River St., Suite 402

Wilkes-Barre, PA 18705

PROPOSAL AND CONTRACT

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MS-944 03-07

DISTRICT 4-0

PROPOSAL & CONTRACT (THIS PROPOSAL INCLUDES

(WHEN EXECUTED) INSTRUCTIONS TO BIDDERS)

A. DEPOSIT OF PROPOSALS.

All Bid proposals shall be clearly marked Foster Township 570-636-3757

“Centre Street (SR 0940) Streetscape Improvements” Municipality Name and Type Telephone No.

Proposal Due By September 3, 2026.”

Date Wilson Malloy Township Chairman

Sealed Proposals will be received on or before 1:00 p.m., Thursday, September 3, 2026 1000 Wyoming Avenue Time and Date Address

Bids will be opened at approximately Freeland, PA 18224

1:00 p.m., Thursday, September 3, 2026 Proposals must be uploaded to PennBid 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 need to be prequalified by PennDOT as a prime paving contractor, unless otherwise approved.

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 November 30, 2026. If all work is not completed on time, liquidated damages will be assessed at the rate of $500 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 required; and that all work is payable on the basis of the unit prices listed on the Schedule of Prices (Attachment 1).

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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:

NO

LS

LS

LS

LS

EA

EA

SY

LF

SY

LS

LS

SUBTOTAL

ATTACHMENT 1

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

Luzerne Municipality: Foster Township

Project Number: 0326-609022.20

LOCATION OF WORK (BASE BID):

Total

T H

IS

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LOCATIONS: West side of Centre Street in Foster Township, PA

DESCRIPTION OF WORK:

The contractor shall replace of existing curbs and sidewalks along with associated pavement restoration (2' wide from curb). Work required is tabulated on bid sheet for the roadways. Incidental items: sweeping of roadway, tack coating, paving notches, drives, approaches, curb reveals, sealing of joints, as necessary. The Township is to retain the milled material and the contractor is to deliver the material to a specified Township stockpile at no additional charge to the Township.

ESCALATOR CLAUSE:( if adopted by Municipality.)

Item

1 No.

Approximate

2 Quantities

Unit

*Description

Unit

5 Price

0941-0001

0201-0001 1 CLEARING & GRUBBING

MAINTENANCE & PROTECTION OF TRAFFIC -

TEMPORARY SHORT-TERM TRAFFIC CONTROL

RESET TYPE B SIGN

4413-0001 90 PAVEMENT RESTORATION ALONG CURBLINE

0608-0001 1 MOBILIZATION

0686-0001 1 CONSTRUCTION SURVEYING, TYPE B

0901-0001

0945-0001 2 RESET TYPE F SIGN

4676-0001 200 CEMENT CONCRETE SIDEWALK, 4" DEPTH

4630-0045 350 PLCC CURB - 6" REVEAL

9000-0001 1 EROSION & SEDIMENTATION CONTROLS

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

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9000-0002 1 ADDITIONAL TOPSOIL & SEEDING

County:

NO

LS

LS

LS

LS

EA

EA

SY

LF

SY

SY

LS

LS

SUBTOTAL

9000-0002 1 ADDITIONAL TOPSOIL & SEEDING

9000-0001 1

CEMENT CONCRETE SIDEWALK, 4" DEPTH

0945-0001 1 RESET TYPE F SIGN

0941-0001 RESET TYPE B SIGN2

PLCC CURB - 6" REVEAL4630-0045

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* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

SUBTOTAL FROM OTHER ATTACHMENTS

TOTAL AMOUNT OF BID

MAINTENANCE & PROTECTION OF TRAFFIC -

TEMPORARY SHORT-TERM TRAFFIC CONTROL

EROSION & SEDIMENTATION CONTROLS

4676-0001 200

CLEARING & GRUBBING

90 PAVEMENT RESTORATION ALONG CURBLINE

0901-0001

CONSTRUCTION SURVEYING, TYPE B

0201-0001

0686-0001

0608-0001 MOBILIZATION

Item

1 No.

Total

4413-0001

Approximate

2 Quantities

Unit

*Description

Unit

5 Price

ATTACHMENT 1

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

Luzerne Municipality: Foster Township

Project Number: 0326-609022.20

4676-0002 10 TYPE 1 DRIVEWAY APRON, 6" DEPTH CLASS AAA

LOCATION OF WORK (ALT BID 1):

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LOCATIONS: East side of Centre Street in Foster Township, PA

DESCRIPTION OF WORK:

ESCALATOR CLAUSE:( if adopted by Municipality.)

The contractor shall replace of existing curbs and sidewalks along with associated pavement restoration (2' wide from curb). Work required is tabulated on bid sheet for the roadways. Incidental items: sweeping of roadway, tack coating, paving notches, drives, approaches, curb reveals, sealing of joints, as necessary. The Township is to retain the milled material and the contractor is to deliver the material to a specified Township stockpile at no additional charge to the Township.

SPECIAL PROVISIONS TO CONTRACT

(ATTACHMENT 1A)

County: Luzerne Municipality: Foster Township Project No.: 0326-609022.20

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Attachment 1-A

SPECIFICATIONS AND SPECIAL PROVISIONS TO CONTRACT MS-944

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

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

TRAFFIC CONTROL

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

- At least one lane must be open for local traffic. However, the Contractor may temporarily close roads where practical and must provide all road closed and detour signs as per Pub. 213. Road closures must be pre-approved by the Municipality Roadmaster or his Representative.

- Incidental to Mobilization item noted below.

GENERAL

- For further information regarding the project, please submit questions through PennBid by August 31, 2026, until 12:00 PM (Noon).

- A pre-construction meeting will not be mandatory. The Contractor will schedule this meeting with the Municipality at least 3 calendar day prior to the start of the project, if necessary.

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

- One lane must remain open to traffic at all times. The contractor must follow PATA Figure 106 or 107 in PUB 213 for flaggers.

- Delivery tickets for all materials is required.

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

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

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

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

- Work schedule must be coordinated with the Municipality and must be completed by November 30, 2026.

- After November 30, 2026, liquidated damages apply at the rate of $500.00 per calendar day.

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

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

- Municipality will inspect the project.

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

- Completion of NON-COLLUSION AFFIDAVIT required.

- Incidental preparation, clean-up, lawn grading, topsoil and seeding required. (Project Construction Materials)

- 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 need to be PENNDOT prequalified as a Prime paving contractor, unless otherwise approved.

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

- The successful bidder must provide a 100% Performance Bond and a 100% Payment Bond within 15 days of the award of the contract.

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

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

- A Fuel surcharge will not apply to this contract.

- Limits of Work, including pavement repairs, paving, drainage, inlets, site restoration will be painted in the field prior to construction.

- See PennDOT Publication 72M Drawings Nos. RC-30M, RC-33M, RC-45M, RC-46M for construction details.

- See PennDOT Publication 111 Drawing TC-8600 Sheet 8 for Shared Lane Markings.

- Rock is incidental to all excavation.

- Contractor must maintain access for EMS services and school buses for the duration of the project.

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PENNSYLVANIA PREVAILING WAGES

PA Prevailing Wages are required.

INSURANCE REQUIREMENTS

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

REQUIREMENTS attachment.

PUBLIC WORK EMPLOYMENT VERIFICATION ACT

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

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

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

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

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

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

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

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BITUMINOUS PAVING (GENERAL)

The scope of the work is to construct Asphalt Base Course/wearing course, including base repair, leveling, tack coating, sealing of joints, backup material, milling and associated work as indicated on Attachment 1. These items 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.

- All joints must have a clean edge. Asphalt may not be spread, placed, cast, shoveled on rolled asphalt material unless a edge is milled per satisfaction of the engineer.

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

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

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

- Milling of driveway notches are to be done as directed and in a fashion that maintains the shoulder slope and provides a smooth transition from the driveways to the shoulder.

- Contractor is responsible to maintain positive drainage with the final paved product.

- The Contractor will supply the ENGINEER with Bituminous 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 material in other areas) is incidental to wearing course.

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

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

Engineer.

ITEM NO. 4413-0001 PAVEMENT RESTORATION ALONG CURBLINE

In accordance with Sections 0413 and 0350 of PennDOT Publication 408 in its latest revision and as follows:

Includes any and all work associated with the pavement restoration between the road and the front face of curb as specified in the drawings. Includes sawcutting, excavation, compaction, disposal, pavement courses, subbase, tackcoat, asphalt, and curb line/joint sealing are incidental to this item. This item will also be used to adjust driveway with asphalt behind the concrete sidewalk.

Payment: SY (Square Yards)

ITEM NO. 4630-0045 PLCC Curb – 6” Reveal

In accordance with Section 0630 of PennDOT Publication 408 in its latest revision and as follows:

Includes any and all work associated with the removal of existing curb and installation of new Class AAA concrete curb as specified in the drawings.

Payment: LF (Linear Feet)

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ITEM NO. 4676-0001 CEMENT CONCRETE SIDEWALK, 4” DEPTH

In accordance with Section 0676 of PennDOT Publication 408 in its latest revision and as follows:

Includes any and all work associated with the installation of new Class AAA cement concrete sidewalk as specified in the drawings including the removal, disposal, and replacement of existing sidewalk and installation of new sidewalk are incidental to this item. Sidewalk design layout and repair areas to be finalized with engineer in the field. The contractor is responsible for providing positive drainage of the sidewalks. Excavation of existing sidewalk and ground are incidental to this item. Compaction of subgrade and materials/installation of subbase are incidental to this item. Class AAA concrete is to be used.

ITEM NO. 4676-0002 TYPE 1 DRIVEWAY APRON, 6” DEPTH CLASS AAA

In accordance with Section 0676 of PennDOT Publication 408 in its latest revision and as follows:

Includes any and all work associated with the installation of new Class AAA Type 1 Driveway Apron as specified in the drawings including the removal, disposal, and replacement of existing material and installation of material incidental to this item. Sidewalk design layout and repair areas to be finalized with engineer in the field. The contractor is responsible for providing positive drainage of the sidewalks. Excavation of existing sidewalk and ground are incidental to this item.

Compaction of subgrade and materials/installation of subbase are incidental to this item. Class AAA concrete is to be used.

ITEM NO. 9000-0001 EROSION AND SEDIMENTATION CONTROLS

In accordance with Sections 0806, 0855, 0860, and 0867 of PennDOT Publication 408 in its latest revision and as follows:

Includes any and all items necessary to provide all required Erosion and Sedimentation Controls including but not limited to compost filter sock, rolled erosion control product in disturbed slope areas, pumped water filter bag, concrete washouts, and other typical erosion and sedimentation BMPs as required. Provide facilities necessary to minimize sediment intake into the existing drainage facilities or channels. Minimize other construction related impacts outside of the work area using compost filter sock near and along excavation areas, inlet protection, dust control, etc.

Payment: LS (Lump Sum)

ITEM NO. 9000-0002 ADDITIONAL TOPSOIL & SEEDING

In accordance with Sections 0802 and 0804 of PennDOT Publication 408 in its latest revision and as follows:

Includes all items necessary for the installation of new topsoil and PennDOT Formula B seeding on the lawn adjacent to the new sidewalk to establish lawn area. 4” depth topsoil and Seeding, Formula B are incidental to this item. Place erosion control products as needed under item 9000-0001 to prevent erosion of unvegetated or newly placed soil. Grass is guaranteed for one year.

Payment: LS (Lump Sum)

* 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.

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

Contractor’s Representative Date Municipality’s Representative Date

Company Municipality

PROPOSAL AND CONTRACT INSTRUCTIONS

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MS-944

PROPOSAL AND CONTRACT INSTRUCTIONS – FORM 944

1. The proposal must be typewritten or printed.

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

3. Description of work------

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

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

4. Part A of Page 1 to be completed by municipality. Part B of Page 1 to be completed by contractor. Schedule of

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

5. If liquidated damages are to be assessed, add the following sentence to Part A #2. “If all work is not completed on time, liquidated damages will be assessed at the rate of $500.00 per additional working day.” (OR”…as set forth in the attached schedule.”)

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

7. *Construction projects, where the estimated cost of the total project exceeds $25,000, are subject to the provisions of the Pennsylvania Prevailing Wage Act 442. It is the responsibility of the municipality to obtain the Prevailing Wage Scale for the area and include it in the proposal. IF the Prevailing Wage Act applies, this fact shall be noted in the advertisement.

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

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

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

PERFORMANCE BOND

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

KNOW ALL MEN BY THESE PRESENTS, that we, _______________________________________________

(NAME AND ADDRESS OF CONTRACTOR)

as Principal and ____________________________________________________________________________________

(SURETY COMPANY)

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

(NAME OF STATE)

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

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

NOW, THEREFORE, the condition of this obligations such that if the bounden Principal, as Contractor, shall in all respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and 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 Luzerne

Municipality Foster Township

Project Number 0326-609022.20

State of Fed. Project No.

( If Applicable )

County of

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

(Contractor)

BY

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

Notary Public

My Commission expires

NOTICE OF COMPLETION

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MS-NCP

MUNICIPALITY Foster Township

NOTICE OF COMPLETION

IN REFERENCE TO PROJECT NO.: 0326-609022.20

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.

670 S. River Street, Suite 402

Wilkes-Barre, PA 18705 www.benesch.com

P 570-914-9030

Foster Township – Centre Street (SR 0940) Streetscape Improvements

Luzerne County, Pennsylvania

Project No. 0326-609022.20

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 Township.

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

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

These coverages shall be occurrence-based. The policy shall name Foster Township, PA

Commonwealth Financing Authority, and Benesch 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 Township.

Prior to the commencement of work, the Contractor shall provide the Township 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 Foster Township harmless and indemnify the Township 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

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

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 conflict therewith shall continue in full force and effect.

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

AGREEMENT OF SURETY

AS-1

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

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

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

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

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

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

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

DATE CORPORATE SURETY

CORPORATE SEAL

BY

TITLE

BUSINESS ADDRESS

CERTIFICATE OF COMPLIANCE (CS-4171)

INStructIoNS to complete the form

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

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

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

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

Also, provide the name and the supplier code of the manufacturer, fabricator, coater or precaster of the material listed in

Bulletin #15 or the name and the supplier code of the Producer of material listed in Bulletin # 14, 41 or 42.; to be completed by the party that is shipping approved material to the next destination.

3. meetS SpecIfIcAtIoN reQuIremeNtS

To be completed by the party that is shipping approved material to the next destination.

4. ShIppeD to

List the name of the company that material is being shipped to.

5. lot NumBer, QuANtItY, DeScrIptIoN of mAterIAl

To be completed by the party that is shipping approved material to the next destination.

6. checK thIS BlocK If Your proDuct coNtAINS IroN or Steel

To be completed by the party that is shipping approved material to the next destination.

7. VeNDor clASSIfIcAtIoN (checK oNe BlocK oNlY)

If you are a Manufacturer, Fabricator, Coater or Precaster listed in Bulletin #15, or a

Producer listed in Bulletin # 14, 41 or 42, check block # 1.

If you are a *Distributor, *Supplier or *Private Label Company of Bulletin #15 items, check block # 2.

(* - These categories are not eligible for listing in Bulletin #15, however, you may provide material for PennDOT projects on condition that the material being shipped is listed in Bulletin #15.)

8. certIfIcAtIoN reQuIremeNtS, Name, title, Date, company Name, and Signature

Enter the required information and sign the Certificate of Compliance form.

9. complete lINe # 9 oNlY If You checKeD BlocK # 2 oN lINe # 7, otherWISe leAVe BlANK

List company that sold the material to you. (Company Name)

IN ADDItIoN:

2. & 5. Private Label Companies who complete the Certificate of Compliance form CS-4171 must identify the true manufacturer (Line 2) and the approved material (Line 5) as it is listed in Bulletin # 15 under that manufacturers listing.

After completing the Certificate of Compliance form CS-4171, maintain the original at your company’s location. A copy of the Certificate of Compliance form must accompany your material shipment to its next destination. Also, if you receive material shipments from other companies related to PennDOT projects, the accompanying Certificate of Compliance forms must be kept on file at your location. These files must be available for inspection and verification by a Department

Representative for a period of not less than THREE years from the date of the last shipment.

CS-4171 (11-11)

CertifiCate of ComplianCe

CS-4171 (11-11)

CertifiCate of ComplianCe

1. �couNtY:_________________________ �lr/Sr:____________ �Sec/SeG:____________ �ecmS#:____________ (� - To be completed by the party that will ship the material to the project, otherwise leave blank.)

2. I / WE hereby certify that the material listed on line 5 was:

� Manufactured � Fabricated � Coated � Precasted � Produced

By_____________________________________________________________ ________________________________

3. and the party listed above certifies that the material(s) on line 5 meets the requirements of publication 408, Section(s) __________________________________________________________________________

AAShto, AStm, Federal or other designation ____________________________________________________________

4. The material listed below is being shipped to:______________________________________________________________

5. lot No. QuANtItY ApproVeD mAterIAl AS lISteD IN BulletIN # 14 or 15 BulletIN # 41 or 42 proDucerS, lISt hmA / pcc Jmf.

6. � checK here If Your proDuct coNtAINS IroN or Steel (AND check one of the following boxes, as appropriate.) I / WE certify the material identified above conforms with Section 106.01 of Publication 408 as indicated below.

� ‘Identifiable Steel’ or Fabricated Structural Steel (Section 1105). Either Steel products that contain permanent markings that identify that the material was melted and manufactured in the United States or which have received in-plant inspection by the Department or…