BOROUGH OF MARIETTA

LANCASTER COUNTY, PA

PROJECT MANUAL

FOR

NORTH BRIDGE STREET

MILL AND OVERLAY

Engineer’s Project No. 10658.40 (PennBid)

August 2026

ARRO Consulting, Inc.

108 West Airport Road

Lititz, PA 17543

10658.40 -i- ARRO BOROUGH OF MARIETTA – NORTH BRIDGE STREET MILL AND OVERLAY (PennBid)

TABLE OF CONTENTS

TITLE PAGE NO.

BIDDING REQUIREMENTS

INVITATION TO BID 00010-1

INSTRUCTIONS TO BIDDERS 00100-1

BIDDING FORMS

BID FORM 00300-1

BID BOND 00350-1

EXPERIENCE QUESTIONNAIRE 00400-1

LIST OF PROPOSED SUBCONTRACTORS 00450-1

NON-COLLUSION AFFIDAVIT 00460-1

CONTRACT FORMS

AGREEMENT 00500-1

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM 00511-1

PERFORMANCE BOND 00610-1

PAYMENT BOND 00620-1

CONDITIONS OF THE CONTRACT

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION

CONTRACT

EJCDC 2007

SUPPLEMENTARY CONDITIONS 00800-1

DUTIES OF CONTRACTOR UNDER PENNSYLVANIA

PREVAILING WAGE ACT

WEEKLY PAYROLL CERTIFICATION FORM

PREVAILING WAGE RATES

00810-1

00810-A

00810-B

SPECIFICATIONS (Continued) PAGE NO.

10658.40 -ii- ARRO MARIETTA BOROUGH – NORTH BRIDGE STREET MILL AND OVERLAY (PennBid)

SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

Section 01010 – SUMMARY OF WORK 01010-1

Section 01025 – MEASUREMENT AND PAYMENT 01025-1

Section 01040 – COORDINATION 01040-1

Section 01300 – SUBMITTALS 01300-1

Section 01400 – QUALITY CONTROL 01400-1

Section 01570 – TRAFFIC REGULATION 01570-1

Section 01700 – CONTRACT CLOSEOUT 01700-1

Section 02015 – PROTECTION OF UNDERGROUND UTILITIES 02015-1

Section 02500 – PAVING AND SURFACING 02500-1

DRAWINGS

Location Map

10658.40 00010-1 ARRO

DOCUMENT 00010

INVITATION TO BID

Project: NORTH BRIDGE STREET MILL AND OVERLAY - Project generally comprises approximately 3,008 SY of 1 ½” milling of roadway and furnish and place 3,008 SY of 1 ½” bituminous material overlay.

Owner: BOROUGH OF MARIETTA 111 East Market Street Marietta, PA 17547

Engineer: ARRO CONSULTING, INC.

108 West Airport Road Lititz, PA 17543

Sealed Bids will be received online via the PennBid Program until 10:00 A.M. prevailing time on Friday, September 18, 2026 at which time they will be opened. After bid opening, the results will be available for viewing on the PennBid website. Bids received after the opening will not be accepted. Successful bidder will be selected by Owner at a later date.

Questions will be accepted until 4:00 p.m. prevailing time on Monday, September 14, 2026.

Questions must be submitted in writing through PennBid and will not be accepted in any other manner.

Bidding Documents and solicitation details are available online without charge at the following location: https://pennbid.procureware.com.

Bidders must review the results of the bidding on the PennBid website. The apparent low bidder and the next two lowest bidders must submit original copies of the Bid Form and other documents listed in Paragraph 6 of the Bid Form so that they are received by the Engineer within two (2) business days of the bid opening at Engineer’s address as indicated above.

Reproduction of the Bidding Documents, or their placement on web sites other than PennBid, is not permitted.

Bids may be modified or withdrawn at any time prior to the opening of Bids.

After the Bid opening, Bids may be withdrawn only by complying with Commonwealth of Pennsylvania laws and regulations. A summary of such laws and regulations is given in the Instructions to Bidders (Document 00100).

Bids shall remain open for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. See Instructions to Bidders for other provisions on the time available for acceptance of Bids.

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Each Bid must be accompanied by Bid security in the form of a certified check, bank check, irrevocable letter of credit, or Bid bond (on the form included with the Bidding Documents) for ten percent (10%) of the Bid total.

It is a requirement of this Contract that at least 50% of the Work be performed by prime Bidder’s own work force, not by subcontractor(s).

Liquid Fuels funds will be utilized for funding this project and all materials and work must conform to the most recent edition of PennDOT Bulletin 15, Publication 242 and Publication 408 unless oth-erwise specified.

It is a requirement of this Contract that Bidders shall have a minimum 5-year, 5-project documented experience in the type of Work required by this Project. The cost of each project included in the Bidder’s questionnaire must be in excess of $100,000 in order to be considered project experience.

Bidders, subcontractors, their workers and any persons providing labor or products to the Project shall be persons lawfully permitted to work in the United States and the Commonwealth of Pennsylvania.

As a precondition of being awarded a Contract, Successful Bidder, and its subcontractor(s) are required, to provide confirmation of compliance with Act 127 of 2012, the “Public Works Employment Verification Act”

The BOROUGH OF MARIETTA hereby reserves the right, which is understood and agreed to by all Bidders, to reject any or all Bids and to waive any omissions, errors, or irregularities in any Bid.

JODY L. SHAFFNER,

SECRETARY/TREASURER

10658.40 00100-1 ARRO

DOCUMENT 00100

INSTRUCTIONS TO BIDDERS

Article 1 - Defined Terms

1.01 Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, as prepared by the Engineer's Joint Contract Documents Committee (Document EJCDC C – 700, 2007 Edition), have the meanings assigned to them in the General Conditions. Additional terms used in these Instructions to Bidders have meanings indicated below, which are applicable to both the singular and plural thereof.

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

1. Issuing Office is the office of the Engineer whose name, address and phone number are listed in the Invitation to Bid.

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

C. PennBid – Bid management program, which is being used for bid solicitation for the Project. PennBid’s web address is www.PennBid.net.

Article 2 - Copies of Bidding Documents

2.01 Complete sets of the Bidding Documents may be obtained online at no cost via the PennBid Program (www.PennBid.net).

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, or Bidding Documents obtained from sources other than the issuing office.

2.03 Bids from prospective Bidders who have not obtained the Bidding Documents from the issuing office and who have not obtained complete sets of Bidding Documents will not be accepted.

2.04 Copies of Bidding Documents are made available on the above terms only for the purpose of obtaining Bids on the Work and not to confer a license or grant for any other use.

2.05 Digitizing and posting Bidding Documents on the Internet or on websites of prospective Bidders and other parties, or reproduction of Bidding Documents by others, is not permitted without Engineer’s approval.

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Article 3 - Qualifications of Bidders

3.01 To demonstrate qualifications to perform the Work, Bidder shall submit with the Bid the qualification data indicated in the Invitation to Bid, the following Paragraph(s) of Article 3, and the Bid Form. Bidders shall also be prepared to submit, within five calendar days after the Bid opening date, upon Owner’s request, such additional data as may be pertinent to the Project. The Owner reserves the right to reject the Bid of any Bidder who does not, in the sole opinion of Owner, possess satisfactory qualifications to perform the Work.

3.02 The Bid of out-of-State Bidders and their Subbidder(s), if any, shall contain evidence of qualification to do business in the Commonwealth of Pennsylvania or covenant to obtain such qualification prior to and as a condition of award of a Contract.

3.03 It is a requirement of this Contract that Bidders shall have a minimum of five (5) years documented experience in type of work required by this project.

3.04 To obtain information concerning qualifications of a Bidder, the Owner requires that a completed Experience Questionnaire be submitted on the form included in the Bidding Documents. Bidder shall include the completed Experience Questionnaire with the Bid.

3.05 Submission of financial information is not required with the Bid, but the Owner reserves the right to request such information as part of the Bid evaluation process.

3.06 Failure, or refusal, to submit documentation required by the Invitation to Bid, this Article 3, and the Bid Form will be reason for rejection of the Bid. Following are additional reasons for rejection of the Bid:

A. Failure to submit the Bid and other Bidding Documents, on the forms included in the Project Manual.

B. Failure to sign the Bid Form or any of the required affidavits and other documents attached to it.

C. Failure to furnish the required Bid Security.

D. Failure to include a unit/lump sum price for each item listed on the Bid Form.

E. The inclusion by Bidder of conditions or qualifications not provided for in the Bidding

Requirements and Bidding Documents.

F. Submission of incomplete Bid Form or other required documents.

G. If the Bid Form contains any omissions, erasures, alterations, additions not called for, or irregularities of any other kind.

H. If any bid prices are obviously unbalanced.

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Article 4 - Examination of Contract Documents and Site

4.01 It is the responsibility of each Bidder before submitting a Bid:

A. To examine thoroughly the Bidding Documents;

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

C. To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

D. To study and carefully correlate Bidder's knowledge and observations with the Bidding Documents and such other related data; and

E. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which

Bidder has discovered in or between the Bidding Documents.

F. Obtain such additional or supplementary examinations, investigations, explorations, tests studies, and data concerning conditions at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

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

4.03 The provisions of this Article 4 do not apply to Hazardous Environmental Conditions at the site; provisions concerning these conditions appear in Article 4, Paragraph 4.06 of the General Conditions.

Article 5 - Availability of Lands for Work

5.01 The lands upon which the Work is to be performed, rights-of-way and easements for temporary or permanent access, and other lands designated for use by Contractor in performing

10658.40 00100-4 ARRO

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

Article 6 - Interpretations and Addenda

6.01 All questions about the meaning or intent of the Bidding Documents shall be submitted in writing via PennBid’s “Questions” tab. Interpretations, or clarifications, considered necessary by Engineer in response to such questions, will be issued by Addenda and posted within PennBid’s “Documents” tab. Questions received later than ten calendar days prior to the date for opening of Bids, or the deadline, if any, indicated on the Invitation to Bid, may not be answered. Only questions submitted and answered through PennBid, and by formal written Addenda issued through PennBid will be binding. Oral statements, interpretations, or clarifications will not be binding, or legally effective. Neither the Owner nor the Engineer shall be responsible for the failure of any Bidder to receive notice of or to read the Addenda posted by the Engineer.

6.02 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

Article 7 - Bid Security

7.01 Each Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10%) percent of Bidder's maximum Bid price and in the form of a certified or bank check, an irrevocable letter of credit, or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraphs 5.01, 5.02, and 5.03 of the General Conditions.

A. All instruments of Bid security shall be valid and remain in effect for at least 120 days from the date of the bid opening.

B. Substitute Bid Bond forms are not acceptable.

C. An electronic copy of the Bid security must be submitted with the Bid.

D. If a Bid Bond is used, it shall be mandatory that the power of attorney accompanying the Bid Bond evidencing the authority of the person signing on behalf of the surety company to sign the Bid Bond shall be dated the same date as the Bid Bond. Further, it shall be mandatory that the Bid Bond itself be dated the same date as the Bid, as well as signed by the principal Bidder and the surety company through its authorized representative.

Failure to comply with any of the aforesaid shall result in the disqualification of the Bid, which Bid shall not thereafter be considered.

10658.40 00100-5 ARRO

E. As soon as each of the Bids received has been reviewed and the Bids have been compared, Owner will return the Bid security of all Bidders except the three apparent lowest responsive and responsible Bidders. Bid security provided by Bidders who are not among the apparent three lowest responsive and responsible Bidders will be returned within ten (10) calendar days following the date of Bid opening. When the Agreement has been executed by the successful Bidder, the Bid security of the other Bidders will also be returned. The Bidder to whom the Notice of Intent to Award is given will be required to submit to the Owner the required Bonds, evidence of insurance coverages and properly executed Agreement within ten (10) calendar days from the date of the Notice of Intent to Award. In case of a failure of the Bidder to whom a Notice of Intent to Award has been given to execute and deliver in a timely manner the required Bonds, evidence of insurance coverages and properly executed Agreement, all in accordance with the Contract Documents, the Owner may at its option consider such Bidder in default, in which case the Bid security accompanying the proposal shall become the property of the Owner.

7.02 The Bid security and financial information, if any, of the three apparent lowest responsive and responsible Bidders will be retained until the Successful Bidder has furnished the required Performance and Payment Bonds, and Insurance Certificate, and Successful Bidder and Owner have executed the Agreement.

Article 8 - Contract Time

8.01 The number of calendar days within which, or the date by which, the Work is to be substantially completed (the Contract Time) are set forth in the Agreement.

Article 9 - Liquidated and Other Damages

9.01 Provisions for liquidated and other damages, if any, are set forth in the Agreement.

Article 10 - Substitutions and “Or Equal” Items

10.01 Bids shall be based on Products and methods covered in the Specifications and shown on the Drawings. When a Product specification includes the name or names of manufacturer(s), Bids shall be based on a Product which: (1) meets all Specification requirements; and (2) is produced by one of the manufacturers specifically named in the Specifications for that particular Product.

A. Requests for substitutions, “or Equal” for Products or methods other than those specified in the Project Manual, will not be considered prior to the Bid opening date. Refer to Supplementary Conditions Paragraph SC-6.05 for procedures to be used in making, and costs to Contractor associated with, such requests after award of the Contract.

10658.40 00100-6 ARRO

Article 11 - Subcontractors

11.01 Article 6, Paragraph 6.06.B of the General Conditions, as amended by Paragraph SC-6.06.B.1 of the Supplementary Conditions, sets forth requirements as to the approval of Subcontractors.

11.02 The Bidder shall submit, with the Bid, a list of proposed Subcontractors on the form supplied with the Bidding Documents.

11.03 Subcontractors, if any, are required to provide confirmation of compliance with Act 127 of 2012, by submitting to the Successful Bidder, a “Public Works Employment Verification Form“ (Document 00511) as a pre-condition to being awarded a subcontract for this Project.

Article 12 - Bid Form

12.01 The Bid form and other required Bidding Documents and supplements are included under the “Bid” tab at the PennBid website.

12.02 The Bid of an individual must be signed by the individual personally; the individual's signature must be witnessed; and the individual's business address and any business trade name must be stated. The Bid of a partnership must state the names and addresses of all partners, and the partnership business name and address; and it must be signed by all general partners, with the signatures witnessed. The Bid of a corporation must show the State of incorporation and the principal office address, and must be signed by the President or Vice President, with the corporate seal affixed, attested by the Secretary or Assistant Secretary. Bids by limited liability companies must be executed in the limited liability company name and signed by all members.

The state of formation and official address of the limited liability company must be shown below the signature lines.

12.03 Bids submitted electronically via PennBid shall use electronic signatures as defined by Commonwealth of Pennsylvania statute.

12.04 Within (2) business days after the Bid opening and prior to issuance of a Notice of Intent to Award, the apparent low Bidder shall submit all Bidding Documents in hard copy, showing original signatures and seals. Bidder shall attach a copy of the PennBid results to the Bid Form in lieu of duplicating the figures manually.

12.05 The address, e-mail, telephone number, and fax number of Bidder, and the name, e-mail, and telephone number of the individual to whom communications regarding the Bid are to be directed, must be shown.

12.06 The Bid Form may call for lump sum prices, unit prices, or a combination of both.

A. If the Bid form calls for lump sum prices, the Bidder shall state a single lump sum price for the entire Work, or single lump sum prices for each portion of the Work, subject to a lump sum price as set forth in the Bid form, as applicable. Any such

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lump sum price or prices shall include all the work described in the Contract Documents as being part of the Work.

B. If the Bid Form calls for unit prices, the Bidder shall state a single unit price for each item to be furnished or work to be done as set forth in the Bid Form. The Bid Form indicates, opposite each item for which a unit price is required, the Engineer's estimated quantity of units of such items which will be required in the prosecution of the Work; and the Bidder shall state in the space provided in the Bid Form the total price for such items, as computed by multiplying such estimated quantity of units of such item by the unit price bid.

12.07 Bid prices shall be all inclusive and shall include, if applicable, all taxes of whatever nature applicable to the Work.

12.08 Owner may be exempt from sales and use taxes for certain items to be incorporated into the Work. Each Bidder shall obtain legal advice to determine how and to what extent the Contractor may utilize the Owner’s tax exemption. Owner will provide, at the Contractor's request, documentation required to obtain applicable tax exemptions.

12.09 Submission of prices for all Alternates, if any, is mandatory.

12.10 The documents listed under Paragraph 6 of the Bid Form shall be provided as a single file.

12.11 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions.

Article 13 – Electronic Submission of Bids via PennBid

13.01 Bids shall be submitted no later than the time and place indicated in the Invitation to Bid.

13.02 The “Bid” tab contains the electronic Bid Form.

A. For Lump Sum line items, enter the lump sum amount to perform all of the Work as described in the Contract Documents.

B. For Unit Price line items, enter the per Unit price in the appropriate field;

PennBid will automatically calculate the extended price for the listed units of Work.

C A unit or lump sum price must be provided for all items and alternates listed on the Bid Form.

13.03 All questions located in the “Bid” section of PennBid must be answered.

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13.04 To attach the electronic file containing documents described in Paragraph 12.10 above, click on the “Bid” tab and “browse” (middle of the screen). Locate and click on the file. The electronic file will be attached to your bid submission when the “Submit Bid” button is clicked.

13.05 Bidder shall use forms available from the “Documents” section of PennBid.

13.06 Each Bidder is solely responsible for submitting its Bid via PennBid by the time and date of the Bid Opening designated in the Invitation to Bid.

13.07 Verifying Bid Was Submitted: If submitted correctly, an acknowledgement will appear in the middle of the computer screen stating “Your bid has been submitted.”

Article 14 - Modification and Withdrawal of Bids

14.01 Bids may be modified or withdrawn at any time prior to the Bid opening.

14.02 After the Bid opening, Bidder may withdraw its Bid, without forfeiture of Bid security, if Bidder submits credible evidence that there is an error in its Bid and such error was a clerical mistake as opposed to a judgement mistake and was due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of the Work; provided: (1) notice of claim of the right to withdraw Bid is made in writing to the Owner within two business days after opening of Bids; and (2) the withdrawal of the Bid will not result in the awarding of the Contract on another Bid of the same Bidder, Bidder's partner, or a corporation, or business venture owned by Bidder, or in which Bidder has a substantial interest. A Bidder which is permitted to withdraw a Bid shall not supply any Products or labor to, or perform any subcontract, or other work, for any entity awarded a Contract, or subcontract for performance of the Work for which the withdrawn Bid was submitted.

Article 15 - Opening of Bids

15.01 Upon review of submitted Bids, results will be posted online at PennBid website. Results shown on PennBid website are for information only and do not constitute the issuance of award of a contract. Selection of apparent low Bidder will be made by Owner after careful review of submitted documentation, as described below under Article 17.

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Article 16 - Bids to Remain Subject to Acceptance

16.01 Bids shall remain open for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. The Owner will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty-day extensions of the date for the award may be made by the mutual written consent of the Owner and the apparent Successful Bidder.

Article 17 - Award of Contract

17.01 Owner reserves the right, without limitation, to reject any or all Bids, which are nonconforming, nonresponsive, unbalanced or conditional, and to reject the Bid of any Bidder, if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all irregularities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

17.02 The Owner will resolve discrepancies in the Bidder’s mathematical totals, shown on the hard copy of the Bid Form, in favor of the electronically calculated totals shown on PennBid.

17.03 In evaluating Bids, Owner will consider the qualifications of Bidders, if the Bids comply or do not comply with the prescribed requirements, and such Alternates, unit prices, and other data, as may be listed on the Bid Form, or as may be requested by Owner prior to the Notice of Intent to Award.

17.04 In evaluating Bids Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work of which Owner, prior to Notice of Intent to Award, requests their identity. Owner also may consider, where applicable, the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice of Intent to Award.

17.05 In evaluating Bids Owner may conduct such investigations, as Owner deems necessary, to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations, to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

17.06 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

17.07 If the Contract is to be awarded, Owner will give the apparent Successful Bidder a Notice of Intent to Award within the time limits prescribed in Article 16.

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17.08 Bidders may be required by Owner, prior to and as a condition of Contract award, to execute and sign documents related to financing of the Project.

17.09 More than one bid from an individual, partnership, corporation, or an association under the same name or different names will not be considered. Reasonable grounds for believing that the Bidder is interested in more than one Bid for the same Work will cause the rejection of all Bids in which such Bidder is interested. Any or all Bids will be rejected if there is any reason for believing that collusion exists among any of the Bidders; participants in such collusion will not be considered in future bidding.

17.10 Alternates, if any, will be considered and selected by Owner and the prices for the selected Alternates will be added to or deducted from the Base Bid price to arrive at an adjusted Bid price. Owner reserves the right to reject or select Alternates regardless of price attached to such Alternates. The adjusted Bid price will be used in comparing Bids and will be the basis for determining the "lowest" of all responsible, responsive Bidders.

17.11 Successful Bidder and its subcontractors shall submit Employment Verification Forms, in accordance with the PA “Public Works Employment Verification Act” (Act 127 of 2012), prior to and as a condition of award of a contract.

Article 18 - Contract Bonds and Insurance

18.01 Article 5 of the General Conditions sets forth Owner's requirements as to Performance and Payment Bonds to be provided by the Contractor. When the apparent Successful Bidder delivers the signed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds, each in the amount of one hundred percent (100%) of the Contract Price, on the forms provided in the Bidding Documents. Substitute Bond forms are not acceptable.

18.02 Article 5 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to insurance to be carried by the Contractor. When the apparent Successful Bidder delivers the signed Agreement to the Owner, it must be accompanied by the required insurance certificate on the latest version of the Acord 25 Certificate of Insurance form. All policies of insurance shown on the Certificate of Insurance shall not be cancelled or materially changed until thirty days prior notice has been given by Contractor to Owner and Engineer and to each additional insured, and shall contain waiver provisions in accordance with General Conditions, Paragraph 5.07.

Article 19 - Signing of Agreement

19.01 When Owner gives a Notice of Intent to Award to the apparent Successful Bidder, it will be accompanied by four unsigned counterparts each of the Agreement (each with a copy of the Bid submission and, if applicable, the List of Proposed Subcontractors attached), Performance and Payment Bonds, or other forms of financial security. Apparent Successful Bidder shall sign and deliver to the Owner, within the calendar days specified in the Notice of Intent to Award, all counterparts of the Agreement accompanied by the executed Performance and Payment Bonds (with a Power-of-Attorney certificate attached to each), or other forms of financial security and four originals of the required insurance certificate(s).

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A. Successful Bidder(s)/Contractor(s) shall be responsible for all costs resulting from reviewing by Engineer, or others, of non-conforming, or incomplete Contract Document submissions prior to execution of an Agreement. Costs shall be deducted by Change Order from Contractor’s first Application for Payment.

19.02 If the Owner finds the documents submitted by the apparent Successful Bidder acceptable, it will, within (10) calendar days after receipt of such documents, complete the signing of the Agreement and submit two fully executed counterparts and accompanying documents to the Contractor.

19.03 If the Owner elects to issue a Notice to Proceed, such notice will accompany the fully executed copies of the Agreement. If a Notice to Proceed is not issued, the Contract Times will commence to run as specified in General Conditions, Paragraph 2.03, as amended by Supplementary Conditions Paragraph SC-2.03.

19.04 Owner may annul the Intent to Award, if the apparent Successful Bidder fails or refuses to execute and deliver to the Owner the Agreement, together with the required Performance and Payment Bonds, Insurance Certificate, and any other required Contract Document(s), within the number of calendar days specified in the Notice of Intent to Award; Bidder shall be considered in Default, and the full amount of its Bid Bond shall be forfeited.

END OF INSTRUCTIONS TO BIDDERS

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BOROUGH OF MARIETTA – NORTH BRIDGE STREET MILL AND OVERLAY (PENNBID)

DOCUMENT 00300

BID FORM

BIDDER (Name and Address):

PROJECT IDENTIFICATION: NORTH BRIDGE STREET MILL AND

OVERLAY

CONTRACT NUMBER AND IDENTIFICATION: GENERAL CONSTRUCTION

THIS BID IS SUBMITTED TO (Owner): BOROUGH OF MARIETTA

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with BOROUGH OF MARIETTA (Owner) in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Bidding Documents for the Contract Price and within the Contract Time(s) and in accordance with the other terms and conditions of the Bidding Documents.

2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for a period of sixty (60) days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of one hundred twenty (120) days from the date of Bid opening. Thirty-day (30-day) extensions of the date for the award may be made by the mutual written consent of the Owner and the apparent Successful Bidder. Bidder agrees, if required by Owner prior to and as a condition of Contract award, to execute and sign any documents related to financing of the Project. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Documents within fifteen (15) days after the date of Owner’s Notice of Intent to Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

3.1 Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged):

Date Number

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3.2 Bidder has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work;

3.3 Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work.

3.4 Bidder has carefully studied any available reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions. Bidder acknowledges that any such reports and drawings are not Bidding Documents or Contract Documents and may not be complete for Bidder’s purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site.

Bidder has obtained and carefully studied (or assumes responsibility for having done so) such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto.

Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Bidding Documents and Contract Documents.

3.5 Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Bidding Documents and Contract Documents.

3.6 Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Bidding Documents and Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents and Contract Documents.

3.7 Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Bidding Documents and Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

3.8 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

4.0 Bidder will complete the Work for the following unit and lump sum prices. Refer to Section 01025 for pay item descriptions.

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Item No.

Description

Unit

Est.

Qty.

Bid Unit Price

Extended Price (Figures)

Part A – North Bridge Street (E. Market St. to Fairview Ave.)

1. MILL AND OVERLAY:

a. Mill Existing Roadway SY 3,008 $_______ $____________

b. Furnish & Place 1½” of 9.5mm Bituminous Wearing Course SY 3,008 $_______ $____________

Subtotal Part A (Items 1a. – 1b.)

Total of Parts A – BID PRICE (Figures): $

Total of Parts A – BID PRICE (Words):

Quantities given above are not guaranteed. Final payment will be based on actual quantities. Any difference between estimated and final quantities, or increases in market value of products and services, will not be considered reason for increase of unit prices.

In order to award a Contract within the funds available, the Owner reserves the right to award a Contract to a single Contractor for the total of all parts or the total of select parts.

5.0 Bidder agrees that the Work will be substantially complete on or before the dates or within the number of calendar days indicated in the Agreement and accepts the provisions of the Agreement as to liquidated and other damages in the event of failure to complete the Work on time.

6.0 The following documents, which are attached to and made a condition of this Bid, shall be submitted in hard copy, showing original signatures and seals, within two (2) business days after the Bid opening and prior to issuance of a Notice of Intent to Award.

6.1 Required Bid Security in the form of .

6.2 Experience Questionnaire (Document 00400)

6.3 List of Proposed Subcontractors (Document 00450)

6.4 Non-Collusion Affidavit (Document 00460)

6.5 Evidence of Bidder’s and any of its Subbidder’s qualifications to do business in the Commonwealth of Pennsylvania or covenant to obtain such qualifications prior to and as a condition of award of the Contract (to be provided if Bidder/Subbidder is out of State).

7. Communications concerning this Bid will be addressed to (Bidder’s Contact Person):

Name:

Phone Number:

Fax Number:

Email Address:

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8. The terms used in this Bid are defined and have the meanings assigned to them in the General Conditions, as may be amended by the Supplementary Conditions, included as part of the Bidding Documents.

9. Bidder acknowledges that the Bid Price is based on Products and methods described and named in the Drawings and Specifications.

10. Bidder certifies that s/he visited the site on , 2026.

SUBMITTED on _________________________________, 2026.

(If Bidder is an Individual)

Signature of Witness Signature of Individual

Trading and doing business as:

Name of Business

Address of Business

(If Bidder is a Limited Liability Company – All General Partners/Members Must Sign)

Name of Company

Address of Company

Signature of Witness Signature of General Partner/Member

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(If Bidder is a Partnership - All General Partners Must Sign)

Name of Partnership

Address of Partnership

Signature of Witness Signature of Partner

(If Bidder is a Corporation)

Attest:

Name of Corporation

Signature of Secretary or Assistant Secretary

Address of Principal Office

(Corporate Seal) State of Incorporation

Signature of President or Vice President

Type or print name below each signature.

State here the names and addresses of all partners, if a partnership, or of three principal officers, if a corporation.

END OF BID FORM

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DOCUMENT 00350

BID BOND

BIDDER (Name and Address):

SURETY (Name and Address):

OWNER (Name and Address): BOROUGH OF MARIETTA

Project Bid Date:

Project Identification: NORTH BRIDGE STREET MILL AND

OVERLAY

Contract Number and Identification:

GENERAL CONSTRUCTION

BOND

Date:

Amount:

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the full face amount of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents, the executed Agreement required by the Bidding Documents, and any Performance Bonds, Payment Bonds, Certificates of Insurance, or other documents required by the Bidding Documents and Contract 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 Bonds, Payment Bonds, Certificates of Insurance, or other documents required by the Bidding Documents and Contract Documents, or

3.2 All Bids are rejected by Owner, or

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3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt of 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 and any and all defenses based on or arising out of any time extension to issue Notice of Award, provided that the time for issuing Notice of Award shall not in the aggregate exceed 120 days from Bid opening 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 opening 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. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the first page 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 the Bond conflicts with any applicable provision of 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 terms used in this Bid Bond which are defined in the General Conditions have the meaning assigned to them in the General Conditions.

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(If Bidder is an Individual)

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(If Bidder is a Partnership - All General Partners Must Sign)

(If Bidder is a Corporation)

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(Corporation Surety)

Address of Office

Signature of Witness Signature of Attorney-in-fact

Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-in-fact to act in behalf of the corporation.

Type or print name below each signature.

NOTE: Substitute Bid Bond Form is not acceptable. Failure to submit Bond on this form will be reason for rejection of Bid.

END OF BID BOND

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DOCUMENT 00400

EXPERIENCE QUESTIONNAIRE

PROJECT IDENTIFICATION: NORTH BRIDGE STREET MILL AND OVERLAY

CONTRACT IDENTIFICATION: GENERAL CONSTRUCTION

SUBMITTED TO: BOROUGH OF MARIETTA

(-Corporation) BY: (-Partnership) (-An Individual)

PRINCIPAL OFFICE ADDRESS

(The signer of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made.)

1. What type of business is Bidder's organization?

2. How many years has Bidder's organization been performing work, as a contractor or subcontractor, of the type required for this Project?

3. Provide information on all service contracts currently in progress.

Contract Amt. Type of Work When

Completed Name and Address of Owner Engineer/ Architect

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4. What projects, comparable to this Project, has Bidder's organization completed within the last five years?

Contract Amt.

Type of Work When

Completed Name and Address of Owner Engineer/ Architect

5. Has Bidder's organization ever defaulted on any contract or failed to complete any contract?

If so, where and why?

6. List names, addresses, and phone numbers of individuals or organizations that can be contacted by Owner or Engineer to obtain references.

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7. What is the construction experience of the principal individuals of Bidder's organization?

Individual’s Name Present Position or Office Magnitude and Type of Work

In What Capacity?

STATE OF

COUNTY OF

being duly sworn deposes and says that he is of

Title

Name of Organization and that the answers to the foregoing questions and all statements therein are true and correct.

Signature

Sworn to before me this Day of , 2021

My commission expires

Signature of Notary Public

END OF EXPERIENCE QUESTIONNAIRE

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DOCUMENT 00450

LIST OF PROPOSED SUBCONTRACTORS

PROJECT IDENTIFICATION: NORTH BRIDGE STREET MILL AND OVERLAY

CONTRACT IDENTIFICATION: GENERAL CONSTRUCTION

SUBMITTED TO: BOROUGH OF MARIETTA

List proposed subcontracts.

Description of Subcontract

Subcontractor's Name

Subcontractor's Address Approx. % of Work

Date

Typed or Printed Name

NOTE: This List of Proposed Subcontractors must be submitted with the Proposal, and failure to submit will be considered justification for rejection of the Proposal.

END OF SECTION

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DOCUMENT 00460

NON-COLLUSION AFFIDAVIT

I state that I am of (title) (firm) and that I am authorized to make this affidavit on behalf of my firm and its owners, directors, and officers. I am the person responsible in my firm for the prices and the amount of this Bid.

I state that:

(1) The prices and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder, or potential bidder.

(2) Neither the price nor the amount of this Bid, and neither the approximate price nor approximate amount of this Bid, have been disclosed to any other firm or person who is a bidder or a potential bidder, and they will not be disclosed before Bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this Bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

(4) The Bid of my firm is in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) , its affiliates, subsidiaries, officers (name of firm) directors and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract except as follows:

I state that understands and acknowledges (name of firm) the above representations are material and important and will be relied upon by the Owner in awarding the contract(s) for which this Bid is submitted.