2-MS944 Contract.pdf

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Attached to
Walnut Alley Drainage Improvements Project
Solicitation number
Not on record
Issued by
Lehigh County, Pennsylvania

About this file

This is a Proposal and Contract form (MS-944) issued by Myerstown Borough, Pennsylvania for the 2026 Roadway Project – Contract No. 1 – Paving. Electronic bid proposals must be submitted through PennBid on or before 2:00 PM on March 31, 2026, at which time bids will be made available online. The project scope includes approximately 5,775 square yards of milling, 490 tons of bituminous wearing course, and other related work as described in the contract documents and current PennDOT Specifications (Publication 408). The successful contractor must begin work on the date specified in the notice to proceed and complete all work within the number of calendar days specified in Attachment 1A. All plans, specifications, and the project site must be examined by the contractor prior to bid submission. The contractor shall furnish all materials, including Form CS-4171 Certificate of Compliance and TR-465 Daily Bituminous Mixture Certification, and perform all work in accordance with the drawings, specifications, and special requirements on file at Myerstown Borough.

Bidders must submit a certified check or bid bond equal to 10 percent of the total bid amount, payable to Myerstown Borough as a proposal guarantee; failure to comply with proposal requirements will result in forfeiture of this amount. The selected contractor will be required to provide a performance bond and a payment bond as specified in the contract. This public works contract is subject to the Pennsylvania Prevailing Wage Act, the Public Works Employment Verification Act (43 P.S. 167.1-167.11), the Pennsylvania Human Relations Act, non-discrimination in employment requirements, OSHA regulations, the Pennsylvania One Call Act, and noncollusion affidavit requirements. Bidders are not required to be prequalified by PennDOT, and volumetric testing of bituminous paving materials is not required. If work is not completed on schedule, liquidated damages will be assessed at the rate specified in the Special Provisions. Myerstown Borough Council reserves the right to accept or reject any or all bids.

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Text version

MS-944 (7-09)

PROPOSAL & CONTRACT

(WHEN EXECUTED)

Instructions on Page 4

(THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS)

Contract No. 1

A. DEPOSIT OF PROPOSALS.

All electronic Bid proposals shall be submitted through PennBid for Letting of March 31, 2026.

DATE

Electronic Proposals will be received on or before 2:00 PM on the above Letting Date.

TIME

Bids will be made available at approximately 2:00 PM, on the above Letting Date.

TIME

Myerstown Borough

MUNICIPALITY (NAME & TYPE)

Michael McKenna

MANAGER

101 South Railroad Street

Myerstown, PA 17067

ADDRESS

PROPOSALS MUST BE SUBMITTED

ELECTRONICALLY VIA PENNBID

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 Myerstown Borough as well as the supplements and special requirements contained herein and/or attached hereto and current PennDOT Specifications (Publication 408), except (a) bidders need not be prequalified by PennDOT (Sec. 102.01), and (b) Volumetric testing of bituminous paving materials is not required (Sec.409).

2. If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed, or as otherwise provided in the special requirements, and will complete all work within See Attachment 1A calendar days. If all work is not completed on time, liquidated damages will be assessed at the rate as specified in the Special Provisions to Contract MS-944.

3. Accompanying this proposal is a certified check or bid bond in the amount of 10% of the Bid Amount 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 requirements of the proposal.

B. PROPOSAL OF :

NAME / ADDRESS OF CONTRACTOR

CONTRACTOR’S CERTIFICATION

It is hereby certified as follows:

1. The only person 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 price listed on the Schedule of Prices (Attachment 1).

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

6. The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contract 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.

7. Bidder acknowledges that this bid is for a public works contract and bidder is therefore subject to the provisions, duties, obligations, and penalties of the Public Works Employment Verification Act, 43 P.S. 167.1-167.11, which is incorporated herein by reference.

CONTRACTOR

BY::

DATE:

TITLE:

(DATE)

WITNESSED OR ATTESTED BY:

DATE:

(SEAL)

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

ACCEPTED ON:

DATE

MYERSTOWN BOROUGH

MUNICIPALITY

BY:

BY: :

BY: :

ATTESTED BY: :

SEAL

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