2-Westfield Streambank Restoration Project Bidding Project Manual.pdf

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Attached to
Streambank Restoration Project No. 1
Solicitation number
Not on record
Issued by
Warren County, Pennsylvania

About this file

This Bidding Project Manual for the Streambank Restoration Project No. 1 is issued by Westfield Borough in Tioga County, Pennsylvania with design services provided by Larson Design Group. The project encompasses streambank restoration work along the Cowansque River, including the installation of a coffer dam, coffer dam pump, streambank sloping, rip-rap installation, and erosion and sediment control measures. Sealed bids will be received online through PennBid until Friday, September 18, 2026 at 2:00 P.M. local time, with public opening and posting of results occurring on the same date. A pre-bid meeting is scheduled for Tuesday, September 1, 2026 at 10:00 A.M. at the Westfield Borough Office, 429 E. Main Street, Westfield, PA 16950, with attendance encouraged but not mandatory. All bidding documents are available for download at no cost from https://pennbid.bonfirehub.com/. Questions must be submitted electronically through PennBid no later than seven days prior to the bid due date. Bidders must submit bids within 60 days of opening for review and investigation of qualifications prior to contract award.

This construction project is funded through Community Development Block Grant (CDBG) Program funds. Bid security of ten percent (10%) of the total bid amount, submitted as either a certified check, bank draft, or bid bond, is required with each submission. The contract employs a lump sum bidding format for the base bid. Westfield Borough has established a Minority and Women Business Enterprise (MBE/WBE) plan requiring goals of 5% for minority business enterprises and 3% for women business enterprises on contracts exceeding $25,000, with minimum participation goals of 6.9% for female workers and 1% for minority workers on contracts exceeding $10,000. Section 3 requirements apply, mandating that 25% or more of total labor hours be performed by Section 3 workers and 5% or more by Targeted Section 3 workers for projects with HUD or CDBG funding exceeding $300,000. All work is subject to Davis-Bacon prevailing wage requirements, federal labor standards, Build America Buy America (BABA) Act compliance, Pennsylvania Steel Products Procurement Act requirements, and the Public Works Employment Verification Act.

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CONTRACT DOCUMENTS

For

STREAMBANK

RESTORATION PROJECT

No. 1

WESTFIELD BOROUGH

For

COMMUNITY DEVELOPMENT

BLOCK GRANT

PROGRAM

B y

L a r s o n D e s ig n G r o u p 1 0 0 0 C om m e r c e P a r k

D r i v e W i l l i am s p o r t , P A 1 7 7 0 1

Revised August 18, 2026

© SEDA Council of Governments

This page intentionally left blank.

i

CONTRACT DOCUMENTS

TABLE OF CONTENTS

PAGE

PART I - INVITATION FOR BIDS

PART II - INSTRUCTIONS TO BIDDERS

PART III – SIGNATURE DOCUMENTS

C-410 BID FORM FOR CONSTRUCTION CONTRACT

STATEMENT OF BIDDER’S QUALIFICATIONS

BID BOND

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

CERTIFICATION NON-SEGREGATED FACILITIES & NON-EMPLOYMENT OF ILLEGAL ALIEN LABOR..21

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

MINORITY AND WOMEN’S BUSINESS ENTERPRISE BIDDER INSTRUCTIONS

MBE/WBE CONTRACT SOLICITATION AND COMMITMENT STATEMENT

MINORITY AND WOMEN BUSINESS ENTERPRISE BIDDER CERTIFICATION

PRIME CONTRACTOR MINORITY & WOMEN’S BUSINESS ENTERPRISE UTILIZATION REPORT………33

SUBCONTRACTOR MINORITY & WOMEN’S BUSINESS ENTERPRISE UTILIZATION REPORT………..…34

MINORITY AND WOMEN’S BUSINESS CERTIFICATION

SECTION 3 BUSINESS CONCERNS BIDDER INSTRUCTIONS

WORK FORCE NEEDS TABLE

SECTION 3 CONTRACT SOLICITATION AND COMMITMENT STATEMENT

SECTION 3 IMPLEMENTATION ACTION PLAN

SECTION 3 PRIME CONTRACTOR UTILIZATION REPORT

SECTION 3 SUBCONTRACTOR UTILIZATION REPORT

SECTION 3 BUSINESS CONCERN CERTIFICATION

PRIME CONTRACTOR CERTIFICATION OF COMPLIANCE

SUBCONTRACTOR CERTIFICATION OF COMPLIANCE

PRIME CONTRACTOR SUBCONTRACTOR LISTING

W-9

BUILD AMERICA BUY AMERICA CERIFICATION

C-520 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT

C-610 PERFORMANCE BOND

C-615 PAYMENT BOND

PART IV - CONTRACT CONDITIONS

SECTION 1 – GENERAL

1.1 DEFINITIONS

1.2 SCOPE OF WORK

SECTION 2 – CONTRACT AND CONTRACT DOCUMENTS

2.1 GENERAL

2.2 BIDDING DOCUMENTS

2.3 CONTRACTUAL DOCUMENTS

2.4 PLANS AND SPECIFICATIONS

2.5 NOTICE OF CHANGE OF ADDRESS

2.6 ASSIGNMENT OF CONTRACT

2.7 MODIFICATION OF CONTRACT

2.8 ORAL AGREEMENTS

SECTION 3 – INSURANCE, BONDS AND RELATED MATTERS

3.1 CONTRACTOR’S LIABILITY INSURANCE

3.2 OWNER'S LIABILITY INSURANCE

3.3 PROPERTY INSURANCE

3.4 WAIVER OF RIGHTS

ii

3.5 RECEIPT AND APPLICATION OF INSURANCE PROCEEDS

3.6 LIMITS OF INSURANCE COVERAGE

3.7 PARTIAL UTILIZATION--PROPERTY INSURANCE………………………

3.8 INDEMNIFICATION

3.9 SURETY BONDS

SECTION 4 – RESPONSIBILITY OF THE ENGINEER

4.1 GENERAL

4.2 OBSERVATION OF THE WORK

4.3 ACCEPTANCE OF WORK

4.4 ENGINEER IS OWNER’S REPRESENTATIVE

SECTION 5 – OWNER’S RIGHTS AND RESPONSIBILITIES

5.1 LANDS AND RIGHTS OF WAY

5.2 PERMITS

5.3 BASE LINES AND GRADES

5.4 OWNER’S RIGHTS TO CORRECT DEFICIENCIES

5.5 UNDERGROUND STRUCTURES

5.6 OWNER’S RIGHT TO STOP WORK OR TERMINATE CONTRACT

SECTION 6 – CONTRACTOR’S RIGHTS AND RESPONSIBILITIES

6.1 GENERAL

6.2 APPLICABLE LAWS AND REGULATIONS

6.3 PERMITS, LISCENCES AND CERTIFICATES

6.4 STRUCTURES OR WORK IN NAVIGABLE STREAMS

6.5 PERMITS AND INSPECTION CHARGES

6.6 PROJECT SIGNS

6.7 CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE CONTRACT

6.8 UNDERGROUND STRUCTURES

6.9 SURVEYS

6.10 LANDS BY CONTRACTOR

6.11 PRIVATE AND PUBLIC PROPERTY

6.12 REPORTS, RECORDS, AND DATA

6.13 MATERIALS AND EQUIPMENT – SOURCES OF SUPPLY

6.14 EXAMINATION AND TESTING

6.15 SPECIFIED BRANDS OF MATERIALS

6.16 TITLE TO MATERIALS

6.17 PATENTS, ROYALTIES, AND LISCENCES

6.18 SUPERVISION BY CONTRACTOR

6.19 CONTRACTOR RESPONSIBLE UNTIL WORK COMPLETED

6.20 LIGHT, HEAT, POWER, AND WATER

6.21 SANITARY PROVISIONS

6.22 SAFETY PROVISIONS

6.23 WORK DURING AN EMERGENCY

6.24 WARNING SIGNS AND BARRICADES

6.25 PUBLIC CONVENIENCE

6.26 PROTECTION, SUPPORT, AND MAINTENANCE OF STRUCTURES

6.27 WEATHER CONDITIONS

6.28 PROTECTION AGAINST FREEZING

6.29 REMOVAL OF WATER

6.30 CONTRACTOR TO PROVIDE WATCHMEN

6.31 FIRES, SIGNS, LOADING, AND REFUSE

6.32 USE OF PREMISES AND REMOVAL OF DEBRIS

6.33 EROSION AND SEDIMENTATION CONTROL

6.34 EMPLOYMENT REQUIREMENTS

6.35 SEXUAL HARASSMENT

6.36 MINORITY AND WOMEN BUSINESS ENTERPRISES

iii

6.37 SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

6.38 DATE OF STARTING AND COMPLETING WORK

6.39 ORDER OF WORK

6.40 PROSECUTION OF WORK

6.41 COMPETENT WORKERS

6.42 SUBCONTRACTING

6.43 WORK BY OTHERS

6.44 COOPERATION OF TRADES

6.45 COOPERATION OF CONTRACTORS

6.46 NOTICE OF IMPERFECT WORK OR MATERIAL

SECTION 7 – PAYMENTS TO THE CONTRACTOR

7.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT

7.2 PARTIAL MONTHLY PAYMENTS

7.3 RETAINAGE

7.4 PAYMENT FOR UNCORRECTED WORK

7.5 PAYMENT FOR REMOVAL OF REJECTED WORK AND MATERIALS

7.6 ESTIMATES OF ENGINEER TO BE FINAL

7.7 STATED ALLOWANCES

7.8 REQUESTS FOR EXTRA COMPENSATION

7.9 NO CHARGE FOR DELAY

7.10 LIQUIDATED DAMAGES

7.11 FINAL PAYMENT

7.12 ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE

PART V - FEDERAL REQUIREMENTS

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

SECTION 2 – EXECUTIVE ORDER 11063, AS AMENDED

SECTION 3 – EXECUTIVE ORDER 11246

3.1 CONDITIONS IF CONTRACT AMOUNT LESS THAN $10,000

3.2 CONDITIONS IF CONTRACT EXCEEDS $10,000

3.3 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)

3.4 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT

SPECIFICATIONS (EXECUTIVE ORDER 11246)

SECTION 4 – EQUAL OPPORTUNITY FOR VEVRAA PROTECTED VETERANS

SECTION 5 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 ET. SEQ.)

SECTION 6 – FEDERAL LABOR STANDARDS PROVISIONS

6.1 APPLICABILITY

6.2 MINIMUM WAGE RATES FOR LABORERS AND MECHANICS

SECTION 7 – SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 (12 U.S.C. 1701U)

7.1 PROVISIONS

7.2 SECTION 3 GOALS

7.3 REQUIRED EFFORTS

7.4 RESPONSIBILITY

7.5 ACCESS TO INFORMATION

7.6 NONCOMPLIANCE

7.7 RECORDKEEPING AND REPORTING

SECTION 8 – LEAD BASED PAINT REQUIREMENTS

SECTION 9 – CLEAN AIR AND CLEAN WATER ACTS

SECTION 10 – ENERGY PROVISIONS

SECTION 11 – SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974

SECTION 12 – MINORITY/WOMEN'S BUSINESS ENTERPRISE

12.1 PARTICIPATION LEVEL

12.2 RESPONSIVENESS

iv

12.3 RESPONSIBILITY

12.4 ACCESS TO INFORMATION

12.5 MBE/WBE CERTIFICATION

12.6 RECORDKEEPING AND REPORTING

SECTION 13 – AGE DISCRIMINATION ACT OF 1975

SECTION 14 – EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

SECTION 15 – BUILD AMERICA, BUY AMERICA (BABA)

PART VI - STATE REQUIREMENTS

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

SECTION 2 – PENNSYLVANIA HUMAN RELATIONS ACT, AS AMENDED

SECTION 3 – THE PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

SECTION 4 – DEPARTMENT OF GENERAL SERVICES MBE/WBE CERTIFICATION

SECTION 5 – NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

SECTION 6 - 2024 LIST OF EXEMPT MACHINERY AND EQUIPMENT STEEL PRODUCTS

PART VII - GENERAL SPECIFICATIONS

SECTION 1 – PROJECT SITE

SECTION 2 – TIME FOR COMPLETION

SECTION 3 – LIQUIDATED DAMAGES

SECTION 4 – RESPONSIBILITIES OF CONTRACTOR

SECTION 5 – COMMUNICATIONS

SECTION 6 – JOB OFFICES

SECTION 7 – PARTIAL USE OF SITE IMPROVEMENTS

SECTION 8 – WORK BY OTHERS

SECTION 9 – CONTRACT DOCUMENTS AND DRAWINGS

SECTION 10 – PROGRESS SCHEDULE

SECTION 11 – SUBSTITUTION

SECTION 12 – SIGNS, BARRICADES, LIGHTS

SECTION 13 – PROTECTION OF EXISTING SITE CONDITIONS

SECTION 14 – REDUCTION IN WORK

SECTION 15 – ENGINEER’S RESPONSIBILITY AND AUTHORITY

SECTION 16 – TEMPORARY SUSPENSION OF CONSTRUCTION

SECTION 17 – INTENT OF PLANS AND SPECIFICATIONS

SECTION 18 – WORK INCIDENTAL TO CONTRACT ITEMS

SECTION 19 – CONSTRUCTION RESERVATION

SECTION 20 – DAMAGE TO EXISTING CONSTRUCTION

SECTION 21 – DISPOSAL OF EXISTING MATERIALS

SECTION 22 – PUBLIC CONVENIENCE AND SAFETY

SECTION 23 – STORAGE OF MATERIALS

SECTION 24 – GENERAL GUARANTY

PART VIII - TECHNICAL SPECIFICATIONS

Appendix A – Federal Wage Rate Decision Appendix B – Federal Labor Standards Provisions

PART I - INVITATION FOR BIDS

Westfield Borough is requesting Bids for the Construction of the following Project:

Streambank Restoration Project No. 1

Westfield Borough will receive sealed bids online via PennBid bids for the Streambank Restoration

Project. Bids will be received until Friday, September 18th, 2026 at 2 P.M. local time. At that time the bids shall be opened online and publicly posted on PennBid’s website. All bidding documents for the Project are available online for no cost at PennBid - https://pennbid.bonfirehub.com/.

The Westfield Streambank Restoration Project No. 1 generally includes the installation of a coffer dam within the Cowansque River, installing a coffer dam pump, sloping of the streambank, installation of rip-rap, and installation & maintenance of erosion and sediment control measures.

Information and Bidding Documents for the Project can be found at the following designated website:

https://pennbid.bonfirehub.com/

Bidding Documents may be downloaded at no cost from the designated website. Prospective Bidders are urged to register with and download documents from the designated website. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Questions regarding this project shall be submitted electronically via the “Ask a Question” feature in PennBid no later than seven (7) days prior to the bid due date. Responses to questions which require changes to the Bidding Documents will be issued by Addenda posted within PennBid’s Public Notices and “Supporting Documentation”. Bidders who have registered with and downloaded documents from PennBid will be notified by email when an addendum has been posted.

A pre-bid meeting will be held at the at the Westfield Borough Office , 429 E. Main Street, Westfield, PA

16950. on Tuesday September 1st, 2026 at 10:00 A.M. local time. Attendance is encouraged, but not mandatory. At the pre-bid meeting, questions regarding the use of PennBid will be answered and prospective bidders will be assisted. For additional support, the PennBid help desk can be contacted at info@pennbid.net or 610-693-4769.

A certified check or bank draft payable to the order of Westfield Borough or a satisfactory Bid Bond executed by the Bidder and an acceptable surety in an amount equal to ten percent (10%) of the total of the Bid, shall be submitted with each bid. The Bidder shall include the fully completed Non-Collusion Affidavit with the bid.

In addition to the Equal Employment requirements of Executive Order 11246 regarding discrimination, the

CONTRACTOR must establish a 6.9% goal for female participation and a 1% goal for minority participation in his/her aggregate on-site construction workforce for contracts in excess of $10,000.

The Westfield Borough is utilizing federal funds for this project, and Westfield Borough has adopted a

Minority and Women Business Enterprise (MBE/WBE) plan in accordance with Executive Orders 11625, 12138, and 12432 and a Section 3 Action Plan in accordance with Title 24 Part 75 Code of Federal

Regulations. As such, the bidders/offerors must submit documentary evidence of minority and women business enterprises and Section 3 business concerns who have been contacted and to whom commitments have been made. Documentation of such solicitations and commitments shall be submitted with the bid. In accordance with the Buy America, Build America Act, Westfield Borough must also adhere to such requirements, the bidders/offerors must adhere to these requirements and submit the included certification.

https://pennbid.bonfirehub.com/ https://pennbid.bonfirehub.com/ mailto:info@pennbid.net

Moreover, the CONTRACTOR shall strive to meet the MBE goal of 5% and the WBE goal of 3% for contracts of $25,000 or more. For projects which the amount of HUD or CDBG funding exceeds $300,000 the CONTRACTOR must attempt to meet the minimum numerical goals of which 25% or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers, per 24 CFR Part

75.19; and 5% or more of the total number of labor hours worked by all workers on a Section 3 project are

Targeted Section 3 workers, as defined in 24 CFR Part 75.21. The Westfield Borough in accordance with its Section 3 Action Plan, may provide a bid preference to a bidder who is a Section 3 business concern.

MBE/WBE and Section 3 business concerns shall be afforded full opportunity to bid without discrimination.

Davis-Bacon and Related Acts apply to this Project.

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

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

PART II

INSTRUCTIONS TO BIDDERS

PART II - INSTRUCTIONS TO BIDDERS

1. BIDS

A. All bids must be submitted on forms supplied by Westfield Borough, the Owner, and shall be subject to all requirements of the Contract Documents, including the product descriptions, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no inter-lineations, excisions, or special conditions shall be made or included in the Bid Form by the Bidder.

B. Bid Documents, including the completed Bid Forms, Certification of Non-

Segregated Facilities, Public Works Employment Verification Form, Certification of

Bidder Regarding Equal Employment Opportunity, Identification of Individual, Partnership, or Corporate Principals, MBE/WBE Contract Solicitation and

Commitment Statement, Minority and Women Business Enterprise Bidder

Certification, Section 3 Workforce Needs Table, Section 3 Contract Solicitation and

Commitment Statement, Contractor’s Certification of Compliance – Section 3, Bid

Bond, and the Non-Collusion Affidavit shall be completed and submitted, sealed, and clearly labeled with the words "Streambank Restoration Project No. 1”.

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

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

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

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

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

Firm Name

Federal Employer Identification Number Address

City, State, and Zip Code

Principals’ Names

G. The Bid Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

H. Bider shall submit all questions about the meaning or intent of the Bidding Documents via the “Messages/Vendor Discussions” feature in PennBid no later than seven (7) days prior to the date for receipt of bids

2. ALTERNATIVE BIDS

No alternative bids will be considered.

3. COLLUSIVE AGREEMENTS

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

4. TIME FOR RECEIVING BIDS

Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated in the Invitation for Bids along with the Bid security and the other documents required to be submitted as identified herein. No bid received thereafter will be considered.

A Bid may be withdrawn or modified at any time within PennBid prior to the due date and time identified in the Invitation for Bids.

5. OPENING OF BIDS

All bids will be opened at the time and place prescribed in the invitation for bids and will be read aloud publicly. After bid opening, a public notice will be issued via PennBid containing any available bid results. It should be noted that bid results are subject to further review and should not be construed as issuance of an award.

6. AWARD OF CONTRACT: REJECTION OF BIDS

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

7. WARRANTY

A warranty of at least one year on all parts and labor is to be provided with no exceptions.

There shall be no charge to the buyer for any travel, parts, or labor during this warranty period.

8. EQUAL EMPLOYMENT OPPORTUNITY

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

Regarding Equal Employment Opportunity.

9. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS

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

10. W-9 FORM

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

11. BABA Certification

The Bidder to whom the award is made shall complete the BABA Certification prior to the issuance of the Notice to Proceed.

PART III

SIGNATURE DOCUMENTS

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

PART III

BID Packet

BID FORM

Westfield Borough

Streambank Restoration Project No. 1

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

Westfield Borough

429 E. Main Street

Westfield, PA 18626

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

F. Required Bidder Qualification Statement with supporting data;

1. Certification of Non-Segregated Facilities

2. Public Works Employment Verification Form

3. Certification of Bidder Regarding Equal Employment Opportunity

4. Identification of Individual, Partnership, or Corporate Principals

5. MBE/WBE Contract Solicitation and Commitment Statement

6. Minority and Women Business Enterprise Bidder Certification

7. Section 3 Workforce Needs Table

8. Section 3 Contract Solicitation and Commitment Statement

9. Contractor’s Certification of Compliance – Section 3

10. Non-Collusion Affidavit

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

11. Bid Form for Construction Contracts (Copy must be signed by an Authorized signatory of the bidder, scanned to pdf and uploaded to the Penn Bid site along with all other supporting documentation).

ARTICLE 3—BASIS OF BID—LUMP SUM BID

3.01 Base Bid: Bidder will complete the Work in Contract No. 1 – General Construction; Contract No. 1 generally consists of the installation of a coffer dam within the Cowansque River, installing a coffer dam pump, installation of rip-rap, and installation & maintenance of erosion and sediment control measures.

A. Base Bid Item #1: All work included in Contract No. 1, as described above and shown on the project Drawings.

LUMP SUM PRICE FOR BASE BID ITEM #1 (WORDS)________________________________

(NUMERALS) $________________________________________________________________

B. Bidder acknowledges that:

1. The Lump Sum includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of days indicated in the Agreement.

4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

5.02 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work, including all American Iron and Steel requirements and Build America, Buy America requirements for all construction materials.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and

(c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable)

STATEMENT OF BIDDER'S QUALIFICATIONS

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

1. Name of bidder.

2. Permanent main office address.

3. When organized.

4. If a corporation, where incorporated.

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

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

7. General character of work performed by your company.

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

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

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

11. List your major equipment available for this contract.

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

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

14. Credit Available: $

15. Give bank reference:

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

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

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

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

Dated at this day of , 20__.

(Name of Bidder)

By:

Title:

State of )

County of )

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

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

Notary Public

My commission expires , 20 .

STATEMENT OF BIDDER'S QUALIFICATIONS (continued)

Certifications:

I, , certify that I am the of the Corporation named as

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

(Corporate Seal)

BID BOND

KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED

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

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

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

Westfield Streambank Restoration Project No. 1.

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall within the period specified therefore, or if no period be specified, with ten

(10) days after the prescribed forms are presented to him/her for signature, enter into a written Contract with the OWNER in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the time specified, if the Principal shall pay the OWNER may procure the required Work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

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

INDIVIDUAL OR PARTNERSHIP PRINCIPALS

(SEAL)

In the presence of: (SEAL)

CORPORATE PRINCIPAL

ATTEST:

BY: (SEAL)

SURETY

ATTEST:

BY: (SEAL)

Countersigned:

BY:

Attorney-in-fact, State of

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the , Principal in the within bond; that , who signed the said bond on behalf of the

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

(CORPORATE SEAL)

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of )

County of )

, being first duly sworn, deposes and says that:

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

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

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

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

Contract; and

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

Signed

Title

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

My commission expires:

CERTIFICATION OF NON-SEGREGATED FACILITIES AND NON-

EMPLOYMENT OF ILLEGAL ALIEN LABOR

The Bidder certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Employment Opportunity Clause in any contract resulting from acceptance of this Bid. As used in this certification, the term “segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he/she has obtained identical certifications from proposed subcontractors) prior to the award of subcontracts exceeding

$10,000 which are not exempt from the provisions of the Equal Employment Opportunity Clause, that he/she will retain such certifications in his/her files.

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

In the event that the Bidder

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

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

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

Date: , 20__

(Name of Bidder)

Official Address By:

(including ZIP CODE):

(Title)

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date:

Business or Organization Name (Employer)

City State Zip Code:

Contractor Subcontractor (check one)

Contracting Public Body Westfield Borough

Contract/Project No 1 / Streambank Restoration Project No. 1.

Project Description The work includes but is not limited to, the installation of a coffer dam within the

Cowansque River, installing a coffer dam pump, sloping of the streambank, installation of rip-rap, and installation & maintenance of erosion and sediment control measures.

Project Location Westfield Borough, Tioga County, PA

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

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

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

Authorized Representative Signature

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the Equal Employment Opportunity Clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the Bidder has not filed a compliance report due under applicable instructions, such Bidder shall be required to submit a compliance report within seven (7) calendar days after bid opening. No contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER NAME

AND ADDRESS OF BIDDER (Include ZIP code)

1. Bidder has participated in a previous contract or subcontract subject to the Equal Employment

Opportunity Clause.

Yes No

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

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

Yes No None required

4. Have you ever been or are you being considered for sanction due to violation of Executive Order

11246, as amended?

Name and Title of Signer (Please Type)

Signature Date

MINORITY AND WOMEN’S BUSINESS ENTERPRISE

BIDDER INSTRUCTIONS

CHECK INFORMATION IN THIS SECTION

This Project is funded in part with Community Development Block Grant (CDBG) funds. In accordance with

CDBG rules and regulations, municipalities must uphold the conditions of the Minority/Women’s Business

Enterprise (MBE/WBE) Action Plan. The objective of the plan is to facilitate the strengthening and expansion of MBE/WBE business concerns. Complete copies are available by contacting SEDA-COG Community

Development Program, 201 Furnace Road, Lewisburg, PA 17837.

The minimum participation level of five percent (5%) for Minority Business Enterprises and three percent

(3%) for Women Business Enterprises MBE/WBE has been established. The successful bidder will be required to submit evidence that these goals have been met either through his/her own employment practices or through the use of MBE/WBE subcontractors and vendors. Failure to comply may result in the bidder being determined not responsible.

In preparation of your bid, you shall contact MBE/WBE firms listed in these bid documents in order to solicit subcontractor and supplier proposals. You may also contact other MBE/WBE firms of which you are aware. MBE/WBE firms can also be solicited using the following link:

http://www.dgs.internet.state.pa.us/suppliersearch

As part of your bid, you are expected to complete and submit the MBE/WBE Contract Solicitation and

Commitment Statement form. This form will be used during bid review to ascertain your level of MBE/WBE utilization. Your efforts and success in utilizing these firms will be one of the tests of bidder responsibility.

Failure to meet this Project’s MBE/WBE goal does not automatically disqualify your bid; however, the

MBE/WBE Bidder Certification must be submitted with the bid. At the municipality’s discretion, elements of the MBE/WBE may be waived, provided the bidder can submit adequate evidence of an effort to enlist

MBE/WBE subcontractors and suppliers for the Project.

If you are the successful bidder you will be expected to document, at the pre-construction conference, your efforts to solicit MBE/WBE business enterprises, and to confirm the percentage of participation you will achieve.

Finally, at the completion of the Project and before final payment, you will be required to furnish a completed

Minority/Women Business Enterprise Utilization Report for yourself and your subcontractors along with a

Minority/Women Business Certification form, if applicable.

http://www.dgs.internet.state.pa.us/suppliersearch

MBE/WBE CONTRACT SOLICITATION AND COMMITMENT STATEMENT

TO BE SUBMITTED WITH THE BID

Goals of 5% for minority business enterprise and 3% for women business enterprise participation have been established.

Name of Bidder: Project Name: Streambank Restoration Project No. 1

Email Address:

Bid Opening Date: September 18th, 2026

Telephone Number: Contact Person:

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

Company Name &

Telephone Number

MBE*

(enter code from below)

WBE

(X)

Type of

Construction, Equipment, Services, and/or

Supplies to be provided to the

Project

Total Dollar

Amount of Quote

Received

(Please mark NR If no response was received)

Total Dollar Amount

Awarded

(If not awarded indicate reason)

Prepared By: Title:

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

MINORITY AND WOMEN BUSINESS ENTERPRISE BIDDER CERTIFICATION

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

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

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

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

3. Solicitation and commitment decisions were not based upon policies which disparately affect

MBEs/WBEs.

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

Company Name

PRIME CONTRACTOR

MINORITY & WOMEN’S BUSINESS ENTERPRISE

UTILIZATION REPORT

SHALL BE SUBMITTED PRIOR TO FINAL PAYMENT

Prime Contractor Firm Name: Project Name: Westfield Streambank Restoration Project No. 1

Address: Contractor EIN No.:

Email: Total Prime Contract: $

Telephone: Total of All Subcontract(s): $

Contact Person: Total MBE/WBE Subcontract(s):

List MBE/WBE businesses from which you have purchased services and/or supplies in reference to this contract.

Address/Telephone

(see below)

Trade

Date

Paid

Dollar Amount

Of Contract(s)

SUBCONTRACTOR

MINORITY & WOMEN’S BUSINESS ENTERPRISE

UTILIZATION REPORT

SHALL BE SUBMITTED PRIOR TO FINAL PAYMENT

Prime Contractor Firm Name: Project Name: Streambank Restoration Project No. 1

Address: Contractor EIN No.:

Email: Total Prime Contract: $

Telephone: Total of All Subcontract(s): $

Contact Person: Total MBE/WBE Subcontract(s):

List MBE/WBE businesses from which you have purchased services and/or supplies in reference to this contract.

Address/Telephone

(see below)

Trade

Date

Paid

Dollar Amount of Contract(s)

MINORITY AND WOMEN’S BUSINESS CERTIFICATION

As principal owner of , I certify that this

(MBE/WBE Firm Name) firm is a bona fide Minority/Women Business Enterprise owned business.

I further certify that this firm was subcontracted by for Work on the Streambank Restoration Project No. 1 Project in the amount of $ .

Date Signature/Title

SECTION 3 BUSINESS CONCERNS BIDDER

INSTRUCTIONS

This Project is funded in part with Community Development Block Grant (CDBG) funds. In accordance with

CDBG rules and regulations, municipalities must uphold the conditions of the Section 3 Action Plan. The objective of the plan is to the greatest extent feasible, ensure that employment and other economic opportunities are directed to low- and very low-income persons (Section 3 workers and Targeted Section 3 workers) and to eligible businesses (Section 3 Businesses) and requires the same of its contractors, as summarized in the “Section 3 Certificate of Compliance” included herein. Complete copies of the Section 3

Plan are available by contacting SEDA-COG Community Development Program, 201 Furnace Road, Lewisburg, PA 17837, or by calling (570) 524-4491.

Section 3 minimum numerical goals apply to any contractor when the total amount of assistance to the project exceeds a threshold of $200,000. The bidder must attempt to meet the minimum numerical goals which require 25% or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and 5% or more of the total number of labor hours worked by all workers on a

Section 3 project are Targeted Section 3 workers, as defined in 24 CFR Part 75.21. Section 3 firms can also be solicited using the attached vendor list.

As part of your bid, you are expected to complete and submit the Section 3 Workforce Needs Table and the Section 3 Contract Solicitation and Commitment Statement form. This form will be used during bid review to ascertain your level of Section 3 utilization. Your efforts and success in utilizing these firms will be one of the tests of bidder responsibility. Failure to meet this Project’s Section 3 goal does not automatically disqualify your bid. However, contractors and subcontractors failing to meet the goals must document actions taken to comply with the Section 3 requirements. The Grantee will take appropriate actions upon finding that a contractor is in violation of 24 CFR Part 75 and does not knowingly contract with any contractor that has been found in violation of the Section 3 regulations. At the municipality’s discretion, elements of the Section 3 may be waived, provided the bidder can submit adequate evidence of an effort to enlist Section 3 residents and business concerns for the Project. All contractors/businesses seeking

Section 3 preference must, before submitting bids/proposals to the Owner be required to complete certifications, as appropriate. Such certifications shall be adequately supported with appropriate documentation as referenced in the Section 3 Business Concern Certification Form.

The CONTRACTOR will be considered to have complied with the Section 3 requirements and met safe harbor, if they certify that they followed the required prioritization of effort and met or exceeded the Section 3 benchmarks, absent evidence of the contrary.

Prior to the beginning of work, contractors and subcontractors will be required to certify that they will follow the required prioritization of effort for Section 3 workers, Targeted Section 3 workers, and Section 3 business concerns as outlined below in 24 CFR Part 75. After completion of the project, on the Section 3 Cumulative Report, contractors and subcontractors will be required to certify that they followed the prioritization of effort requirements.

If the contractor and subcontractor does not meet the safe harbor requirements, they must provide evidence that they have made qualitative efforts to assist low and very low-income persons with employment and training opportunities.

WORK FORCE NEEDS TABLE

PROJECTED BENCHMARKS

Occupation

Code

Total Number of

Project Labor

Hours

(Estimated)

Total Number of

Section 3 Project

Labor Hours

(Estimated)

Total % of

Section 3

Labor Hours

Total Number of

Targeted

Section 3

Labor Hours

Total % of

Targeted

Section 3

Labor Hours

EMPLOYMENT CERTIFICATION

The CONTRACTOR hereby certifies that the above table represents the approximate number of employee positions that are needed and are not presently filled by regular and permanent employees, for which new employees will be required in the execution of the Streambank Restoration Project No. 1 contract, and also represents the percentage of Project area residents that the CONTRACTOR proposes to make a good faith effort to employ.

The CONTRACTOR certifies that he/she will…

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