2-WB 2025 Paving Project Contract Docs and Specs 09-25-2025.pdf

SPECIFICATIONS AND BID DOCUMENTS

for

Wilson Borough – 2025 Paving Project

Prepared for

Wilson Borough

Northampton County, Pennsylvania

Prepared by

T&M Associates

September 2025

TABLE OF CONTENTS

TITLE PAGE NUMBER

BIDDING REQUIREMENTS

ADVERTISEMENT FOR BIDDERS

INSTRUCTIONS TO BIDDERS

BIDDING FORMS (To be Submitted w/Bid)

BID BOND

CONSENT OF SURETY

BIDDER QUALIFICATION FORM

SUBCONTRACTORS IDENTIFICATION FORM

NON-COLLUSION AFFIDAVIT

ACKNOWLEDGEMENT OF ADDENDUM

BIDDER CORPORATE RESOLUTION

INSURANCE CERTIFICATES

STATEMENT OF OWNERSHIP

EQUIPMENT CERTIFICATION

VERIFICATION OF CONTRACTOR ELIGIBILITY

PUBLIC WORKS EMPOYMENT VERIFICATION FORM

CONTRACT FORMS (To be Submitted w/Contract)

CONSTRUCTION CONTRACT

PERFORMANCE BOND

LABOR AND MATERIALS PAYMENT BOND

WORKERS’ COMPENSATION AFFIDAVIT

HOLD HARMLESS CERTIFICATION

CONTRACT CLOSE-OUT FORMS (To be submitted prior to final payment)

MAINTENANCE BOND

CONTRACTOR’S RELEASE OF LIENS

CONTRACTOR’S AFFIDAVIT OF RELEASE OF LIENS

WAIVER OF LIENS

CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS

CONSENT OF SURETY COMPANY TO FINAL PAYMENT

GENERAL FORMS/CONDITIONS

CERTIFICATE OF OWNER’S ATTORNEY

APPLICATION FOR PAYMENT

NOTICE OF AWARD

NOTICE TO PROCEED

NOTICE OF COMPLETION

GENERAL CONDITIONS

SUPPLEMENTARY GENERAL CONDITIONS

TECHNICAL SPECIFICATIONS ......................................................................................................................... APPENDIX A CONSTRUCTION AGREEMENTS/FORMS REQUIRED FOR CDBG .......................................................... APPENDIX B PAYROLL FORM WH-347 AND FRINGE BENEFITS RECORD FORM ..................................................... APPENDIX C FEDERAL LABOR STANDARDS PROVISIONS ............................................................................................... APPENDIX D APPLICATION FOR PAYMENT FORM (EJCDC NO. C-620) ......................................................................... APPENDIX E BIDDER RESPONSE FORM: MBE/WBE/SECTION 3 COMPLIANCE.......................................................... APPENDIX F DAVIS-BACON WAGE RATES ............................................................................................................................ APPENDIX G REQUIRED JOB SITE SIGNS ............................................................................................................................... APPENDIX H

ADVERTISEMENT FOR BIDS

Notice is hereby given that sealed proposals will be accepted online via PennBid until October 10, 2025 at 10:00 AM prevailing time for furnishing all labor, materials and equipment necessary for: Wilson Borough 2025 Paving Project at which time they will be opened electronically via the PennBid website.

All Bid Documents and solicitation details are available at no cost at www.PennBid.net

The bids must be made on the online forms on PennBid and the bids must be accompanied by a certified check or bid bond in the amount of ten percent (10%) of the bid, made payable to the Owner. All bids must be accompanied by a Surety's Consent. Said surety to be licensed to conduct business in the Commonwealth of Pennsylvania. The successful bidder shall be bound to furnish and pay for a Performance Bond and a Labor (“Public Works Contractors’ Bond Law of 1967,” P.L. 869, 8 P.S. § 191 et seq) & Material Payment Bond in an amount equal to one hundred percent (100%) of the contract price, and a Maintenance Bond in an amount equal to fifteen percent (15%) of the contract price, on bond forms acceptable to the Owner.

This program is being funded in whole or in part with funding from the U.S. Department of Housing and Urban Development through the County of Northampton Department of Community & Economic Development CDBG program.

The contractor must utilize, to the greatest extent feasible, minority and/or women owned business (MBE/WBE) concerns. The contractor must establish a 3% goal for WBE participation and a 5% goal for MBE participation. The contractor is required to utilize, to the greatest extent feasible, low-income area businesses, trainees, and employees within the general trade area. The contracting goal is 10% and the employment goal is 30%. All bids must include Attachment “A” – MBE / WBE / Section 3 Compliance in order to be considered responsible. Preference may be given to responsible MBE/WBE/Section 3 contractors in order to meet overall project goals.

The contractor shall take affirmative action to ensure that applicants for employment and employees or agents are treated without discrimination based upon race, color, religion, ancestry, national origin, age, sex, or disability.

The Davis-Bacon and Related Acts apply to this project. The project shall be bid to the current Davis-Bacon wage rates, and the contractor shall pay no less than the wage rates determined for the project.

If the contract is awarded it will be to the lowest responsible bidder, however the Owner reserves the right to reject any and or all bids and to waive any informality in the bidding, as permitted by law. No bidder may withdraw a bid within ninety (90) days after the actual date of the opening thereof, except in accordance with the terms of PA Act 4 of 1974, latest revision. Bids may be held by the Borough of Wilson for up to 90 days from the date of opening for the purpose of reviewing the proposals and investigating the qualifications prior to awarding the contract.

BY THE ORDER OF THE Borough of Wilson, Northampton County, Pennsylvania:

By: Jill A. Garcia Wilson Borough Manager

First advertisement on September 25, 2025 Second advertisement on September 29, 2025 http://www.pennbid.net/

INSTRUCTIONS TO BIDDERS

The Bidder's attention is called to the fact that this project is being funded directly by and through Northampton County (CDBG).

Wage rates for all laborers and mechanics employed or working upon the site of the work shall be in accordance with Davis-Bacon and Related Acts. The contractor must comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon and Related Acts.

All contractors are required to demonstrate compliance with federal Executive Orders 11625, 12138, and 12432 and EPA Regulations at 40 CFR Part 30, et al., through the detailed documentation of solicitation of Disadvantage Business Enterprises (DBEs). Contractors must demonstrate the Six Good Faith Efforts to identify and solicit DBE firms that are potential sources for any procurement action in the areas of project construction, equipment, services, and supplies by including state qualified local businesses (10%), and minority (5%) and women (3%) owned business enterprises in the bidding process.

The successful bidder shall take affirmative action to ensure that applicants for employment and employees or agents are treated without discrimination based upon race, color, religion, ancestry, national origin, age, sex, sexual orientation, or disability.

The COUNTY shall automatically disapprove activities provided by a contractor or subcontractor, without declaration, for all parties that are excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment.

1. RECEIPT AND OPENING OF BIDS

The Borough of Wilson (“Owner”) invites bids on the online form available on PennBid (www.PennBid.net). Bids will be received at the time specified in the Advertisement for Bids.

The Owner shall consider bids submitted in compliance with the provisions hereof and may waive any non-material informalities or reject any bid, any part of a bid, or all bids. Any bid may be withdrawn prior to the above scheduled time for the opening. Prior to the awarding of the Contract, bids may be held by the Owner for a period not to exceed ninety

(90) days from the date of the bid opening for the purpose of reviewing the bids and investigating the qualifications of bidders. During this period, no bid may be withdrawn except in accordance with PA Act 4 of 1974, entitled the “Bid Withdrawal Act” (73 P.S. §1601 et seq.).

2. PREPARATION OF BID

All sealed bids shall be submitted online via the Bid Form within PennBid (www.PennBid.net)

The proposal of a bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one proposal in such manner as to make it appear that the proposals submitted are on a competitive basis from different parties shall be considered a collusive bidder. The Owner may reject the bid proposals of any collusive bidder upon bid opening. However, nothing in this section shall prevent a bidder from superseding a bid proposal by a subsequent proposal delivered prior to bid opening, which expressly revokes the previous bid.

The Bidder hereby agrees to be bound by the award of the Bid, and if awarded the Contract on this Bid, to execute the Contract and the required Bonds and Insurance Certificates, and to furnish all other information and documents required by the Contract Documents within the time limits specified.

No bidder may withdraw his/her bid unless the request is made in writing and is received by the Owner prior to the time set for bid opening. Requests for withdrawal of bids after bid opening shall be made in accordance with Commonwealth of Pennsylvania Act No. 4 of 1974 (73 P.S. §1601, et seq.).

The bidder shall complete the Bid Form properly in accordance with the following:

(a) If the bidder is an individual, the Bid Form shall be executed by him personally; his signature shall be witnessed;

his business address shall be stated and any trade name employed in the conduct of his business shall be stated.

(b) If the bidder is a partnership, the Bid Form shall be executed in the name of the partnership by each of the partners, or a general partner authorized for this purpose, the signatures of the partners shall be witnessed, and the business address of the partnership shall be stated.

(c) If the bidder is a corporation, the Bid Form shall be executed in its name and in its behalf: (1) by the President or a

Vice-President and attested by the Secretary or an Assistant Secretary and the corporate seal shall be attached; or

(2) by a duly authorized agent of the corporation whose authority to act, as of the date of the Bid, shall be established by proof, in form satisfactory to the Owner, submitted with the Bid. The business address of the corporation and the state of incorporation shall be stated.

(d) If the bidder is a joint venture, each party of the joint venture shall execute the Bid Form under their respective seals in a manner appropriate to such party as described above.

(e) If the bidder is a limited liability company, the Bid Form shall be executed by each of the members or a managing member authorized for this purpose, the signatures of the members shall be witnessed and the business address of the company shall be stated.

3. SUBCONTRACTS

The bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract:

a. Must be disclosed and acceptable to the Owner.

b. Shall be subject to the same provisions under the contract as are applicable to the prime Contractor.

c. Must fulfill requirements for utilized local labor, if this requirement cannot be fulfilled entirely by the

Contractor. Guidance documents for determining this can be found in Appendix ‘C’ of this document.

4. DOCUMENTS REQUIRED WITH THE BID

Each bidder must submit with his bid, the following documents:

a. Proposal Cover Sheet

b. Bid Bond

c. Consent of Surety

d. Bidder Qualification Form

e. Subcontractor Identification Form

f. Non-Collusion Affidavit

g. Bidder Corporate Resolution

h. Statement of Ownership

i. Equipment Certification

j. Verification of Contractor Eligibility

k. PSAT CDL Program-Contractors Statement of Compliance

l. Public Works Employment Verification Form

m. Appendix F – Bidder Response Form: MBE/WBE/Section 3 Compliance

n. CDBG Affidavit of Non-Collusion and CDBG Worker’s Compensation Affidavit – in Appendix B

5. QUALIFICATIONS OF BIDDERS

Each bidder must submit, as a part of his proposal, the Qualification Forms as specified to determine the ability of the bidder to perform the work. The work will be awarded to an approved organization, which is properly constituted in experience, capital and equipment. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

a. Bids will be considered as conclusive evidence of complete examination of specifications and samples.

b. All sealed bids shall be submitted online via the Bid Form within PennBid (www.PennBid.net)

c. No modifications or explanation of any bid will be allowed after the same is submitted via PennBid. The proposals will be publicly opened and read aloud by the Owner or its designee.

d. The Owner reserves the right to reject any or all bids or parts thereof, as deemed to be in the best interest of the

Owner. Proposals may be rejected if they show any omission, alterations of form, additions or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any defects or non-material irregularities in proposals.

e. It is understood that the parties making bids accept the terms and conditions expressed and contained in the specifications attached to the proposal submitted.

6. PROOF OF BIDDER'S RESPONSIBILITY

All bidders shall submit an experience questionnaire, two (2) years of most recent annual financial statements and most recent quarterly statement. The questionnaire and statement shall be certified to be true and correct by an affidavit sworn to or affirmed before a notary public, or other officer empowered to administer oaths or affirmations.

Bidders shall comply with all criteria and procedures established by these Instructions to Bidders.

The foregoing shall guide the Owner in determining the responsibility of the bidder, but additional information may be requested by the Owner whenever, in its judgment, such information is necessary to determine the responsibility of the bidder.

In the event the bidder fails, refuses or neglects to submit any required information within the reasonable time stated in any request therefore or fails to qualify as a responsible bidder, his/her proposal guaranty shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages.

7. BID SECURITY

Each bid must be accompanied by a certified check of the bidder, or a bid bond prepared on the form of Bid Bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 10% (Ten Percent) of the bid.

Unless a certified check or bid bond is furnished, as stated, the bid will not be considered. The check or bid bond of all bidders will be returned when the contract is signed and the successful bidder, as required, furnishes surety bonds.

Such checks or bid bonds submitted by unsuccessful bidders will be returned upon execution of the contract, or, if no award has been made within ninety (90) days after the date of the opening of bids, upon demand of the unsuccessful bidder(s) at any time thereafter.

8. FORM OF CONTRACT

The successful bidder will be required to execute a written contract with the Owner within ten (10) business days after notice of acceptance of his/her proposal. No proposals or award shall be considered binding upon the Owner unless and until the contract documents are properly executed by both parties.

9. FAILURE TO EXECUTE CONTRACT

In the case of the successful bidder failing or refusing to execute a formal contract and to give surety as required within ten (10) days after notice of acceptance of his/her bid, the Owner’s acceptance of his/her proposal will be revoked, and all obligations of the Owner in connection herewith will be canceled. In addition, the amount of the bid bond shall be paid to the Owner, not as a penalty, but as liquidated damages. In such case, the Owner, at its discretion, may award the contract to the next lowest responsible bidder, or reject all bids.

10. TIME OF COMPLETION AND LIQUIDATED DAMAGES

Bidder must agree to commence work on or before a date to be specified in a written “Notice to Proceed” of the Owner and to fully complete the project within Twenty (20) calendar days. The successful bidder's failure to comply with schedule and/or performance requirements will result in the Owner incurring damages difficult to ascertain with certainty.

Liquidated damage amounts represent reasonable amounts to partially compensate the Owner for the successful bidder's delay and/or failure to perform and are not to be construed as penalties. Consequently, to be entitled to such liquidated damages, the Owner will not be required to prove that it has incurred actual damages.

Liquidated damages under this clause shall be additive in nature and are in addition to other remedies the Owner may have under the contract, at law, or otherwise.

If the Owner becomes entitled to liquidated damages, the Owner will deduct the amount of such liquidated damages from any money due or which may become due under the contract. Should the liquidated damage amounts be in excess of the remaining unpaid balance of the contract, the successful bidder and its sureties shall be liable for the amount thereof and shall promptly refund to the Owner the amount of such excess. The provisions for liquidated damages shall not prevent the Owner from terminating the rights of the successful bidder to proceed in cause of default.

If successful bidder fails to provide any or all contractual reports, deliver any or all of the goods, or perform any or all of the services within the time period(s) agreed to in the contract document, bidder must agree to pay as liquidated damages, the sum of $400.00 for each consecutive calendar day on which work remains incomplete . In addition to this, bidder agrees to reimburse the Owner the sum of $500.00 for each working day thereafter for Inspection services of the Engineer, as provided in the General Conditions.

11. CONDITIONS OF WORK

Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon and by submission of a bid is deemed to have done so. Failure to do so will not relieve a successful bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption or interference with the work of any other contractors working in the area. Access to emergency vehicles will have to be provided for.

12. SCOPE OF WORK

If, at the time this Contract is to be awarded, the lowest bid submitted by a responsible bidder exceeds the amount of CDBG funds available to the Owner for this Contract, the scope of work may be reduced by the Owner by reducing the project scope to achieve a contract cost which does not exceed the CDBG funds available. If the scope of work is reduced, it would be reduced by first removing the block of S. 16th Street from Washington Blvd.

to Butler Street.

13. SPECIFICATIONS

The specifications are intended to cover the furnishing of all material and the performance of all work that may be required or necessary for the complete performance of the contract and the successful bidder will be reminded to do all things that may be necessary to complete the work within the purview of these specifications. Where plans accompany certain sections of the specifications, these shall be considered a part of these specifications.

All work described herein and attached to the contract shall be performed in accordance to all current PennDOT Specification and Standards. If conflict should arise between contract documents and PennDOT Specifications and Standards, PennDOT Specifications and Standards shall govern and shall be performed at no additional cost to the Owner.

14. ADDENDA AND INTERPRETATIONS

No interpretation of the meaning of the plan, specifications or other pre-bid documents will be made to any bidder orally.

Every request for such interpretation should be in writing submitted via PennBid’s “Questions” tab and to be given consideration, must be received at least five (5) business days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specification which, if issued, will be posted to PennBid’s “Documents” tab, and all plan holders will be notified via email. All addenda so issued shall become part of the contract documents.

a. Should the successful bidder discover discrepancies in the specifications, the matter shall be at once brought to the

Owner, and the discrepancies corrected by written agreement before proceeding further.

b. The Owner, on written request by bidder(s), will give all explanations, interpretations and instructions required under these specifications.

c. Equipment to be furnished shall be new, first-class or shall meet with the approval of the Owner or its designated representative.

d. All equipment shall conform to the requirements of these specifications and any equipment condemned by the

Owner as not meeting these specifications shall at once be removed and replaced with acceptable equipment.

15. EXTRA WORK

No extras, additional work or other contract modifications will be valid except upon written change order specifying price and other terms, executed by all parties and approved at a public meeting by the Wilson Borough Council. No extras, additional work or other contract modifications caused by cold weather will be approved. This includes but is not limited to burlap, hay, straw, sheeting, insulating blankets, heat, concrete additives, additional labor, etc.

16. ADDITIONS OR DEDUCTIONS

The quantities of the various kinds of work to be done and materials to be furnished, as stated in the Contract Documents, are approximate. The quantity of materials actually to be furnished may be varied to suit the requirements of the work and the statement of approximate quantities in the contract Documents shall in no way relieve Bidders from ascertaining independently and on their own account the amount of materials and labor to be furnished.

The Bidder understands that the quantities included in the PennBid pricing form are approximate and are prepared for the comparison of Bids. Bidder further understands and agrees that the quantities of any Work or Work items may be increased, decreased or eliminated entirely as provided in the Contract Documents, with payment to be adjusted accordingly as based upon the original unit prices for Work completed in accordance with the Contract Documents except as follows.

When, during construction, it is determined that a quantity for a contract line item with an established contract unit price will exceed the contract quantity by more than 20%, the contractor shall notify the Owner immediately and before proceeding with the work and the Owner has the right to request a new unit price for this line item. Work for the quantity above and beyond the 20% shall not proceed until the new unit price is agreed upon by the contractor and the owner.

17. INDEMNIFICATION BY SUCCESSFUL BIDDER

The successful bidder agrees to indemnify and save harmless the Owner, its representatives, and Engineer from all suits or actions of every nature and description brought against it or its employees on account of the use of patented or copyrighted appliances, products, or processes, with legal protection. The successful bidder shall execute a Hold Harmless Agreement and a Contractor’s Affidavit of Release of Liens.

18. SECURITY FOR FAITHFUL PERFORMANCE

Each bidder upon receiving written notice from the Owner shall within ten (10) days of such notice furnish to the Owner an executed performance bond and labor and materials payment bond, in the forms prescribed in the Contract Documents, and dated the date set for the award of contract. A maintenance bond shall be furnished upon the date of acceptance of the work.

19. POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. Attorneys-in-fact signing under a power of attorney must be residents of the State in which the project is located.

20. NOTICE OF SPECIAL CONDITIONS

Attention is particularly called to those parts of the Contract Documents and Specifications, which deal with the following:

a. Scope of Work

b. Insurance requirements.

c. Wage rates.

d. Inspection requirements, limits of milling, leveling course, scratch course, limits of base repair

e. Construction scheduling, staging and operational procedures. Property owner notifications

f. Grant requirements

21. METHOD OF AWARD - LOWEST RESPONSIBLE BIDDER

If, at the time this Contract is to be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the Contract; the Contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids, or may award the Contract to the responsible bidder with lowest base bid combined by deduction of one or more items listed in the bidding schedule to produce a net amount which is within the available funds.

The definition of "lowest responsible bidder" shall include compliance with all bidding requirements, consideration of the quality of previous work, record of completing projects on time, history of payments to subcontractors and suppliers, maintenance of a permanent place of business, adequacy of equipment and plant to do the work, technical expertise, and evidence of participation of M/WBE (3%/5%) and Section 3 employment (10%) either through an independent consultant (sub-contractor) or through its own employment.

22. OBLIGATION OF BIDDER

At the time of the opening of bids, each bidder will be presumed to have inspected the site, to have read and to be thoroughly familiar with the plans and Contract Documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or documents shall in no way relieve any bidder from any obligation in respect to his bid.

23. BONDING REQUIREMENTS

As previously indicated, each bid proposal must be accompanied by a Surety's Consent. The said surety shall be bound to furnish a Performance Bond and a Labor and Material Payment Bond, both in the amount equal to One Hundred Percent (100%) of the Contract Price, and a Maintenance Bond in the amount equal to Fifteen Percent (15%) of the Contract Price, thereafter required.

a. The successful bidder shall be required to furnish a performance bond in the amount of one hundred percent (100%) of the contract price, the condition of which shall be the complete execution and performance of each and all of the terms contained in the contract, proposal, specifications and instructions to bidders. Said bond shall meet all requirements of the Owner.

b. The successful bidder shall be required to furnish a labor and materials payment bond in the amount of one hundred percent (100%) of the contract price, conditioned for the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work.

c. A maintenance bond shall be required in an amount equal to Fifteen Percent (15%) of the contract price for a period of 18 months from the date of acceptance of the work by the Owner.

d. All bonds shall be furnished to the Owner prior to the Owner’s issuance of the notice to proceed with any work. The successful bidder shall pay for entire cost of bond(s).

The Bidders are notified that a Contractor’s Affidavit of Release of Liens and a Hold Harmless Agreement must also be executed by the successful bidder and all his subcontractors prior to the award of the contract.

24. INSURANCES {See Also "Contractor Insurance Requirements" in General Conditions}

The Contractor will be required to provide insurance of the following prescribed types and minimum amounts. All the insurance policies required shall be maintained in full force until all work under this Contract is completed, as evidenced by the formal acceptance thereof in the writing by the Owner or his authorized representative and must bear insurance ratings acceptable to the Owner.

a. The Owner, Engineer, and the County shall be named as Additional Insured on all required insurance coverages as respects operations and activities of, or on behalf of, the named insured, performed under contract with the Owner.

b. The successful bidder shall furnish proof of Workers’ Compensation and Employers’ Liability insurances in the statutory amounts prescribed by the Commonwealth of Pennsylvania.

c. The successful bidder shall furnish proof of Comprehensive General Liability insurance and Comprehensive

Automobile Liability insurance in the amounts of One Million Dollars ($1,000,000.00) per occurrence, combined single limit. The Owner, Engineer, and the County shall be named as an additional insured under all coverages, and the certificate of insurance, or the certified policy, if requested, must so state this. Coverage afforded under this paragraph shall be primary as respects the Engineer, its agents and employees.

d. All such insurance coverages shall not be cancelled, reduced in coverage or limits, or non-renewed during the contract term until thirty (30) calendar days prior written notice has been given to the Owner.

e. All insurance certificates shall be supplied to the Owner before issuance of the notice to proceed with work under the contract is given by the Owner.

f. Comprehensive General Liability policies shall include Premises/Operations; Actions of Independent contractors;

Products/Completed Operations (to be maintained for two {2} years after completion of work); Contractual Liability (including protection for the contractor from claims arising out of liability assumed under the contract, and including Automobile Contractual Liability); Personal Injury Liability (including coverage for offenses related to employment); Explosion, Collapse or Underground Hazards; and Broad Form Property Damage Liability (including Completed Operations).

g. Comprehensive Automobile Liability policies shall include Uninsured Motorists coverage.

h. The successful bidder shall require all subcontractors to maintain during the term of this contract all insurance coverages listed herein in the same manner as specified for the successful bidder.

i. All insurance policies required hereunder shall be endorsed to provide that the policy is not subject to cancellation, non-renewal or material reduction in coverage until thirty (30) calendar days prior written notice has been given to the Owner. Therefore, the phrases "endeavor to" and "... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" are to be eliminated from the cancellation provision of standard ACORD certificates of insurance.

j. Each insurance policy required by this contract, except for the Workers' Compensation policy, shall contain the following clauses:

"The Borough, its employees, T&M ASSOCIATES, Northampton County, and all their agents, officers, elected officials, employees and volunteers are hereby added as additional insured as respects the operations and activities of this Contract."

25. LAWS AND REGULATIONS

The bidder's attention is directed to the fact that all applicable Federal and State Laws, Municipal Ordinances, and Rules and Regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

The bidder also agrees to comply with all applicable state statutes and regulations to which the Department of Community and Economic Development is subject including, but not limited to, the Building Energy Conservation Act and the Pennsylvania Prevailing Wage Act or the Resident Labor Requirement Act, the Steel Products Procurement Act, the Trade Practices Act, the Public Works Contractor's Bond Act of 1967, and the Flood Plain Management Act.

The bidder agrees that in the performance of their obligations under the Contract they shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations. The Contractor assumes responsibility for environmental review, decision-making and action under the National Environmental Policy Act of 1969 (NEPA), P.L.

91-190 (42 U.S.C. 54321 et seq.), and Housing and Urban Development regulations at 24 CFR, Part 58. The Contractor certifies that it has completed and will comply with 24 CFR, Part 58 and all other applicable statutes and guidelines.

Bidders should be aware that additional work may be required in the event of changes, after the receipt of bids, in Federal and State statutes, rules and regulations relating to the environment. The following statutes, and the rules and regulations thereunder, may directly or indirectly affect the work and are incorporated by reference:

a. Rivers and Harbors Act, 33 U.S.C. §401, et. seq.

b. National Environmental Policy Act, 42 U.S.C. §4321, et. seq.

c. Pennsylvania Water Obstructions Act. 32 P.S. §681, et. seq.

d. Pennsylvania Waterworks Act, 35 P.S. §711, et. seq.

e. Soil and Water Conservation Act, 3 P.S. §49, et. seq.

f. Federal Water Pollution Control Act, 33 U.S.C. §1151, as amended in 1972.

g. Pennsylvania Clean Streams Act, 35 P.S. §691.1

h. Pennsylvania Sewage Facilities Act, 35 P.S. §750.1

i. Pennsylvania Solid Waste Management Act, 35 P.S. §6001

j. Delaware River Basin Compact, 32 P.S. §815.31

k. Pennsylvania Air Pollution Control Act, 35 P.S. §4001, et. seq. as amended by Act 245 of 1972.

l. Chapter 102, Title 25, Rules and Regulations of Department of Environmental Protection (Pa. Bull. 1976).

m. Housing and Community Development Act of 1974, as amended.

n. Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3).

o. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented in Department of Labor regulations (29 CFR part 5).

p. Minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, 29 U.S.C. Chapter 8.

q. Title VI of the Lead-Based Paint Poisoning Prevention Act P.L. 91-695, as amended (42 U.S.C. 4831).

r. Architectural Barriers Act of 1968 P.L. 90-480, as amended (42 U.S.C. 4151 et seq).

s. Section 6002 of the Resources Conservation and Recovery Act of 1976, P.L. 94-580, as amended (42 U.S.C.

6962), and regulations at 40 CFR Part 249.

t. 24 CFR Part 39, Cost Effective Energy Conservation Standards.

u. Pennsylvania Steel Products Procurement Act, 73 P.S. §1181 et. seq.

v. Separate specifications for plumbing, heating, ventilating, and electrical work: separate bids and contract, P.L.

546 (71 P.S. 1618).

w. Americans with Disabilities Act (ADA), as amended, 28 CFR Part 1191.

x. Uniform Relocation Assistance and Real Property Acquisition Act of 1970, 42 U.S.C. Chapter 61 (for subgrants to programs that will result in the displacement of persons).

y. All other applicable laws, ordinances and regulations.

Under Pennsylvania Act 247 of 1972, any additional work, which may be required by the foregoing, shall be done by change orders after written approval by the Owner.

26. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT

Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities Act, 28 CFR 35.101 et seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this Contract or from activities provided for under this Contract As a condition of accepting and executing this Contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination, 28 CFR 35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to the benefits, services, programs and activities provided by the Owner through contracts with outside contractors.

The Contractor shall be responsible for and agrees to indemnify and hold harmless the Owner from all losses, damages, expenses, claims, demands, suits and actions brought by any party against the Owner as a result to the Contractor's failure to comply with the provisions of the above paragraph.

27. NONDISCRIMINATION CLAUSE

During the term of the contract, contractor agrees as follows:

A. Contractor shall not discriminate against any employee, applicant for employment, independent contractor or any other person because of race, color, religious creed, ancestry, national origin, age, sex, or handicap.

B. Contractor shall take affirmative action to ensure that applicants are employed and that employees or agents are treated during employment without regard to their race, color, religious creed, ancestry, national origin, age, sex, or handicap. Such affirmative action shall include, but is not limited to, the following:

C. Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training.

D. Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

E. Contractor shall, in advertisements or request for employment placed by it or on its behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, sex, or handicap.

F. Contractor shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by contractor.

G. It shall be no defense to a finding of noncompliance with this nondiscrimination clause that contractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

H. Where the practices of a union or of any training program or other source of recruitment will result in the exclusion of minority group persons, so that contractor will be unable to meet its obligations under this nondiscrimination clause, contractor shall then employee and fill vacancies through other nondiscriminatory employment procedures.

I. Contractor shall comply with all state and federal laws prohibiting discrimination in hiring or employment opportunities. In the event of contractor noncompliance with the nondiscrimination clause of this contract or with any such laws, this contract may be terminated or suspended, in whole or in part, and contractor may be declared temporarily ineligible for further Owner contracts, and other sanctions may be imposed and remedies invoked.

J. Contractor shall furnish all necessary employment documents and records to and permit access to its books, records and accounts by the contracting agency for purpose of investigation to ascertain compliance with the provisions of this clause. If contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency.

K. Contractor shall actively recruit minority and women subcontractors or subcontractors with substantial minority representation among their employees.

L. Contractor shall include the provisions of this nondiscrimination clause in every subcontract so that such provisions will be binding upon each subcontractor.

M. Contractor obligations under this clause are limited to the contractor's facilities within Pennsylvania, or where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced.

28. WAGE RATE DETERMINATION

Projects funded by Northampton County CDBG require that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the County Government shall be paid wages at rates not less than those set out by Davis-Bacon on projects of a character similar in the locality as determined by the Secretary of Labor. (Refer to Appendix ‘G’ of these Specifications for current wage rate determination for this project.). The Owner will not be responsible for additional costs, which the Contractor may incur, if during the construction, the contractor must increase wage rates because of his failure to allow for fair minimum rates required by the County (Davis-Bacon).

If the Davis-Bacon wage rates increase at any time during the project, the contractor shall be responsible for complying with the increased wage rates at no additional cost to the Owner.

29. EXEMPTION FROM FEDERAL EXCISE AND PENNSYLVANIA SALES TAXES

The Owner is exempt from Federal Excise Taxes and the Pennsylvania Sales Tax. Net prices as shown in the proposal shall exclude said Federal and State Tax amounts.

NOTE: This provision shall not apply to construction, repair and/or maintenance contracts whereunder Bidder purchases supplies, materials and/or equipment and includes costs thereof in computation of his/her bid or proposal.

30. DELIVERY

In general, deliveries shall be at such times as may be fixed by the Owner.

Bidders will note that where certain articles are definitely called for of certain manufacture, it is assumed that those bidders have the opportunity to purchase such articles as specifically called for by trade names and that they agree the bidding is open to them without substitution of any other articles.

31. DISPOSAL OF MATERIALS, SUPPLIES, ETC. NOT APPROVED

Bidders shall understand that when materials, supplies, etc., have been delivered to the job which do not comply with specifications and have not been approved, upon notification, the successful bidder shall immediately remove from the premises any such condemned materials, supplies, etc., and replace them with materials, supplies, etc., in full accordance with the specifications.

32. PAYMENTS

The successful bidder shall submit a separate invoice for the items listed on each purchase order. All invoices shall reference the purchase order number. After inspection and acceptance by the authorized representative of the Owner of the materials and/or work, receipt of the successful bidder's invoice, and the approval of the invoice by the Owner’s Authorized Representative, payment shall be made to the successful bidder within thirty (30) days. Where a partial delivery is made, the successful bidder shall invoice for the items actually delivered and payment shall be made in accordance with the conditions stated hereinabove.

33. TERMINATION FOR DEFAULT

The successful bidder agrees to provide all contractual reports, deliver all goods and perform all services required under the contract in a timely and good and workmanlike manner and to the satisfaction of the Owner or its appointee. In the event it is determined by the Owner that reports are not provided, deliveries are not made and/or the work is not performed in such timely and/or workmanlike manner, the owner may terminate for default with fifteen (15) calendar days written notice, by Certified Mail. In such instance, the Owner may draw down against the successful bidder's performance bond for all costs and expenses incurred to re-bid the work.

34. PERMITS AND LICENSE REQUIREMENTS

The successful bidder shall be required to obtain all necessary permits as may be required by the Owner. No fee will be charged for said Owner permits.

35. BUSINESS PRIVILEGE TAX

The Contractor acknowledges that it has been made aware that the Owner collects a business privilege tax on revenues derived from work within the Borough. The Contractor shall notify any subcontractors working on the Project, that subject to applicable law, proper tax returns must be filed with the Owner and any required business privilege taxes related to any work within the Borough must be paid. Evidence of such notification shall be provided to the Owner.

36. FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (OSHA)

The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 and under Section 107 of the Contract Work Hours and Safety Standards Act. All work must be in compliance with State and Federal Occupational Health and Safety Regulations.

37. PENNSYLVANIA ACT 287

The Contractor is responsible/required to comply with the provisions of Pennsylvania Act 287, as amended by Act 181 of 2006 (811 – “Call Before You Dig!”), which specifies the Contractor’s responsibilities during excavation and demolition operations in areas of underground utilities.

The contractor is responsible for addressing all comments/concerns/requirements by any/all responding utilities prior to starting construction at no additional cost to the Owner.

38. ADDITIONAL PROVISIONS PERTAINING TO CONTRUCTION

Specific base repair locations are unknown and are not provided on the Plans for this project. Once milling is complete, the Borough will determine areas (if any) that will require base. There will be no change to the unit cost for line items associated with base repair except as follows:

When, during construction, it is determined that a quantity for a contract line item with an established contract unit price will exceed the contract quantity by more than 20%, the contractor shall notify the owner immediately and before proceeding with the work and the owner has the right to request a new unit price for this line item.

Work for the quantity above and beyond the 20% shall not proceed until the new unit price is agreed upon by the contractor and the owner.

There will be no asphalt escalation for this contract.

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE

(CONTRACTOR)

(hereinafter called the Principal) as Principal, and a

(BONDING COMPANY)

corporation authorized to transact business in PENNSYLVANIA, and having its principal office at:

(CITY AND STATE)

(hereinafter called the Surety) as Surety, are held and firmly bound unto the (“Obligee”) as Obligee, in the sum of ___________________________________________ Dollars ($___________________), representing 10% of the project bid, lawful money of the United States of America; for payment of which we bind ourselves, and each of our respective heirs, legal representatives, successors and assigns jointly and severally, by these presents.

WITNESS our hands and seals this ____________ day of ________________________, 20________.

WHEREAS, said Principal is herewith submitting to the Obligee a proposal to perform the following:

Wilson Borough 2025 Paving Project pursuant to plans, specifications and other contract documents incorporated into said Proposal by reference; and it is a condition of the Obligee's receipt and consideration of said proposal that the Proposal be accompanied by bid security to be held by the Obligee on terms embodied herein.

THEREFORE, the condition of this obligation is such that if said Principal shall, upon the request of Obligee five (5) days prior to the award of the contract, furnish prior to the award of the contract executed performance and payment bonds dated the date set for the award of the contract in the required forms, and upon Obligee's acceptance of his proposal and award of contract to him, enter into such contract, and furnish insurance certificates and other bonds in all respects as required by said contract documents, within ten (10) business days after notice to him of such award, then this obligation shall be void; but, otherwise, it shall remain in full force, and the Principal and Surety will pay to the Obligee the full amount of this Bid Bond as liquidated damages incurred by the Obligee by reason of the default of the Principal.

IN WITNESS WHEREOF THE Principal and Surety, intending to be legally bound, have executed this bond the day and year aforementioned.

ATTEST: ______________________________

Corporation - Contractor

______________________________ ______________________________ (SEAL)

Witness President

Witness Individual Contractor

______________________________ BY____________________________ (SEAL)

Witnesses Partners

Surety Company

Witness Attorney-in-Fact

CONSENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the Contractor, the receipt of which is hereby acknowledged, _______________________ (Name of Surety), a corporation organized and existing under the laws of the State of _____________ (State of Incorporation), and licensed to do business in the Commonwealth of Pennsylvania, consents and agrees that if the Contract for the WILSON BOROUGH – 2025

PAVING PROJECT located in Wilson Borough is awarded to…