3-Documents to be submitted with Bid.pdf

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MS-944 03-07

DISTRICT 4-0

PROPOSAL & CONTRACT (THIS PROPOSAL INCLUDES

(WHEN EXECUTED) INSTRUCTIONS TO BIDDERS)

A. DEPOSIT OF PROPOSALS.

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

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

Proposal Due By September 3, 2026.”

Date Wilson Malloy Township Chairman

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

Bids will be opened at approximately Freeland, PA 18224

1:00 p.m., Thursday, September 3, 2026 Proposals must be uploaded to PennBid at

Time and Date http://PennBid.Bonfirehub.com

1. The contractor proposes to furnish and deliver all materials (including Form CS-4171, Certificate of Compliance and/or TR-465 Daily Bituminous Mixture Certification) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and specifications on file at http://PennBid.Bonfirehub.com. This form (MS-944) will serve as the proposal and contract form for the awarded contractor.

2. Requirements for bidders include the supplements and special requirements contained herein and/or attached hereto and current PennDOT specifications (Publication 408). Bidders need to be prequalified by PennDOT as a prime paving contractor, unless otherwise approved.

3. If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed.

Or as otherwise provided in the special requirements and will complete all work on or before November 30, 2026. If all work is not completed on time, liquidated damages will be assessed at the rate of $500 per additional calendar day.

4. Accompanying this proposal is a certified check or bid Bond in the amount of 10% made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirement of the proposal.

B. PROPOSAL OF: _____________________________________________________________________________ Name of Contractor

Address

CONTRACTOR’S CERTIFICATION

It is hereby certified as follows:

1. The only person(s) interested in this proposal as principal(s) is (are): ________________________________

2. None of the above persons are employees of the municipality.

3. This proposal is made without collusion with any other person, firm, or corporation.

4. All plans and specifications referred to above and the site of the work have been examined by the contractor.

The contractor understands that the quantities indicated herein are approximate and are subject to change as may be required; and that all work is payable on the basis of the unit prices listed on the Schedule of Prices (Attachment 1).

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

6. The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contractor in accordance with the plans, specifications and conditions thereof, and a payment bond conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, in accordance with the Public Work’s Contractors’ Bond Law of 1967; and an affidavit accepting the provisions of the Workmen’s Compensation Act of 1915, as amended.

7. “The parties agree that the relationship between the Contractor and the Municipality is one of independent contractor and not the employer/employee and that the individual employees of the Contractor who will be performing the work pursuant to this contract are not employees of the Municipality. Contractor hereby certifies, represents and warrants to the Municipality that all persons performing any aspect of the work pursuant to this Contract who are required to have commercial driver’s license are subject to a program for drug and alcohol testing in accordance with the Omnibus Transportation Employee Testing Act of 1991 and the federal regulations adopted pursuant thereto.”

Contractor

WITNESSED OR ATTESTED BY:

BY:______________________________________

Title (Seal)

Title

SEAL

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

ACCEPTED ON:_______________________________________

Date

Municipality

ATTESTED BY:

________________________________________ BY:_______________________________________ Title Title

SEAL

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

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Attachment 1-A

SPECIFICATIONS AND SPECIAL PROVISIONS TO CONTRACT MS-944

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

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

TRAFFIC CONTROL

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

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

- Incidental to Mobilization item noted below.

GENERAL

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

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

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

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

- Delivery tickets for all materials is required.

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

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

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

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

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

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

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

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

- Municipality will inspect the project.

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

- Completion of NON-COLLUSION AFFIDAVIT required.

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

- Contractor is responsible for defects that occur within one year of applications.

- Final Completion Certificate, JMS-NCP Notice of Completion” is required at the completion of the project.

- Future award of Contracts will be based on quality of work as determined by the Municipality.

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

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

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

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

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

- A Fuel surcharge will not apply to this contract.

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

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

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

- Rock is incidental to all excavation.

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

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PENNSYLVANIA PREVAILING WAGES

PA Prevailing Wages are required.

INSURANCE REQUIREMENTS

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

REQUIREMENTS attachment.

PUBLIC WORK EMPLOYMENT VERIFICATION ACT

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

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

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

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

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

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

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

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BITUMINOUS PAVING (GENERAL)

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

- The Contractor is to remove excess material.

- Complete all testing in accordance with PENNDOT Specifications Pub 408 Section 413, Latest Edition.

- The Contractor will tack coat the vertical edge of the paving joint as per PENNDOT Pub. 408, Section 460.

- The Contractor will provide a bill of lading and a signed CS-4171 for each type of material.

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

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

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

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

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

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

- The Contractor will supply the ENGINEER with Bituminous Mix Design which meets PennDOT Specifications Form

408 prior to receiving the Notice to Proceed.

- Bituminous Delivery tickets must contain the Job Mix Number (CAMMS No.) from the appropriate bituminous design.

- Bituminous Material Certifications must contain the Job Mix Number (CAMMS No.) from the appropriate bituminous design.

- The Contractor will place the specified type and depth of material (all depths are compacted in place) indicated in the

Schedule of Prices. This material will conform to PENNDOT Pub. 408, Section 413, Latest Edition except Marshall Testing that is not required. The Contractor will provide delivery tickets and a daily bituminous material certification on a TR-465 or an approved CS-4171 form for each day's placement of bituminous material.

- The Contractor will seal joints using materials specified in PENNDOT Pub. 408, Section 413, Latest Edition.

- Backup material (topsoil in lawn areas and subbase material in other areas) is incidental to wearing course.

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

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

Engineer.

ITEM NO. 4413-0001 PAVEMENT RESTORATION ALONG CURBLINE

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

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

Payment: SY (Square Yards)

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

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

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

Payment: LF (Linear Feet)

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

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

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

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

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

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

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

ITEM NO. 9000-0001 EROSION AND SEDIMENTATION CONTROLS

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

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

Payment: LS (Lump Sum)

ITEM NO. 9000-0002 ADDITIONAL TOPSOIL & SEEDING

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

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

Payment: LS (Lump Sum)

* NOTE: The length of the work and quantity of material needed on these roadways may be reduced or increased depending on cost and budgetary constraints.

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

Contractor’s Representative Date Municipality’s Representative Date

Company Municipality

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MS-944 Attachment 4

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

State of )

)SS:

County of ) he has Being duly sworn according to law deposes and says that they have it accepted the provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and have insured their liability hereunder in it accordance with the terms of said

Act with _________________________________________________________________________________________

(SURETY COMPANY)

(TYPE OR PRINT) CONTRACTOR

BY: ______________________________________

SIGNATURE

Sworn to and subscribed before me this ________________________________________________________ day of

_______________________________________A.D. 20 ____________

My Commission Expires ___________________________

(DATE)

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D-7126 ( 6-99 )

ANTI-COLLUSION AFFIDAVIT

County Luzerne

Municipality Foster Township

Project Number 0326-609022.20

State of Fed. Project No.

( If Applicable )

County of

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

(Contractor)

BY

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

Notary Public

My Commission expires

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

BID BOND

EJCDC C-435 Bid Bond (Damages Form)

Prepared by the Engineers Joint Contract Documents Committee.

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name and Include Location):

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Attest: Attest:

Signature Signature

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC C-435 Bid Bond (Damages Form)

Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s Bid and the total amount of the Bid of the next lowest, responsible Bidder who submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2 In no event shall Bidder’s and Surety’s obligation hereunder exceed the penal sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length.

If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

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

AGREEMENT OF SURETY

AS-1

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

AGREEMENT OF SURETY

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

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

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

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

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

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

DATE CORPORATE SURETY

CORPORATE SEAL

BY

TITLE

BUSINESS ADDRESS

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

The Contractor agrees:

1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the contract or any subcontract, the Contractor, each subcontractor, or any person acting on behalf of the Contractor or subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the

Pennsylvania Human Relations Act (PHRA) and applicable federal laws, against any citizen of this commonwealth who is qualified and available to perform the work to which the employment relates.

2. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under the contract.

3. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under the contract.

4. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act or

National Labor Relations Act, as applicable and to the extent determined by entities charged with such

Acts' enforcement, and shall comply with any provision of law establishing organizations as employees' exclusive representatives.

5. The Contractor and each subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees in writing of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contracted services are performed shall satisfy this requirement for employees with an established work site.

6. The Contractor and each subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subcontractor or supplier who is qualified to perform the work to which the contract relates.

7. The Contractor and each subcontractor represents that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws, regulations and policies relating to nondiscrimination and sexual harassment. The Contractor and each subcontractor further represents that it has filed a Standard Form 100 Employer Information Report ("EE0-1") with the U.S. Equal

Employment Opportunity Commission ("EEOC") and shall file an annual EE0-1 report with the EEOC as required for employers' subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Contractor and each subcontractor shall, upon request and within the time periods requested by the commonwealth, furnish all necessary employment documents and records, including EE0-1 reports, and permit access to their books, records, and accounts by the contracting agency and the Bureau of Diversity, Inclusion and Small Business Opportunities for purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

8. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that those provisions applicable to subcontractors will be binding upon each subcontractor.

9. The Contractor's and each subcontractor's obligations pursuant to these provisions are ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the

Contractor and each subcontractor shall have an obligation to inform the commonwealth if, at any time during the term of the contract, it becomes aware of any actions or occurrences that would result in violation of these provisions.

10. The commonwealth may cancel or terminate the contract and all money due or to become due under the contract may be forfeited for a violation of the terms and conditions of this

Nondiscrimination/Sexual Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File.

Management Directive 215.16 Amended (August 2, 2018)

This directive replaces, in its entirety, Management Directive 215.16, dated May 11, 2017.

Name:

Title:

Signed:

Date:

Rev. 02/15 PSATS CDL Program Form Contractor

Contractor’s Statement of Compliance with CDL

Testing Program Requirements

Due to the nature of the work that this contractor may perform for this employer, this contractor must use employees who perform safety-sensitive functions for which a Commercial Driver’s License

(CDL) is typically required. Section 49 CFR 382.301(c)(2) of the federal CDL regulations requires that, prior to the first time an employer uses a CDL employee employed by another entity (i.e., a contractor to whom the township is awarding a contract), and every six months of the contract, this employer must certify that any CDL employees used by each contractor remain covered by a qualified

CDL drug and alcohol testing program.

An original signed copy of this form must be permanently retained by the employer with this contract and a new form received every 6 months of the contract’s duration.

If the contractor is not participating in a qualified CDL drug and alcohol testing program at the time of the awarding of the contract, or at any six-month re-certification point, then all the contractor’s

CDL employees must obtain a negative result on a pre-employment drug test before beginning (or continuing) contracted work for this employer.

Contractor Name

By Signing here, I, as the contractor’s authorized representative, verify that this contractor named above is a current participant in the below identified CDL testing program conforming to 49 CFR Part 40.

Contractor’s Authorized Representative

Today’s Date / /

Signature of Authorized Representative

CDL Testing Program Name

Testing Program Contact Person

Testing Program Address

Phone #: City State Zip

Contact person confirms program conforms to 49 CFR Part 40? ( ) Yes ( ) No

Contact person confirms list of contractors’ CDL employees covered in this program and that all drivers are qualified to driver under 49 CFR Part 382.301? ( ) Yes ( ) No

Updated May 5, 2020

BIDDER CERTIFICATION OF PREQUALIFICATION CLASSIFICATION AND

WORK CAPACITY FORM

In accordance with the requirements of PennDOT Publication 408 – Specifications, Section 102

- Bidding Requirements and Conditions, the bidder hereby certifies that they meet the following to qualify their proposal as an acceptable bid:

1. The Contractor has the necessary eligible prequalification rating, as required by Sections

102.01 and 102.06(c), Publication 408. A prequalification rating is considered eligible when the bidder’s assigned current maximum capacity exceeds the sum of both (a) the total of all uncompleted work the Contractor has under contract at the time of bid submission and (b) the total bid price of this proposal (less any credit for sublettings as allowed by Section 457.15 of the Regulations on Prequalification of Prospective Bidders).

2. The classified types of work, on which the Contractor is eligible to bid, constitutes over 50 percent of the total bid price (the cost of specialty items may be deducted from the total bid price before computing the amount of work required to be performed by the

Contractor) as indicated in Section 108.01, Publication 408.

3. To the best of their knowledge, each proposed subcontractor is prequalified in conformance with said Regulations, mentioned above, for the contract items designated, and each has adequate eligible prequalification (defined above) to cover amount of subcontract.

The making of a false certification of any of the above bidding requirements shall constitute cause for rejection of the bidder’s proposal and shall subject the bidder to making of payment to the

Owner of an amount of five (5%) percentum of the total amount of the bid as liquated damages, or disqualification of the bidder from bidding on future work for a period of ninety (90) calendar days, or both, as deemed appropriate.

Should the bidder fail to make said payment within thirty (30) calendar days of notification the bidder shall be disqualified for a period of one (1) year. An application for renewal of prequalification will not be considered by the Owner until the bidder makes payment.

Compliance with the Prohibition of Illegal Alien Labor on Assisted Projects Act.

Compliance with the Prohibition of Illegal Alien Labor on Assisted Projects Act. Pursuant to the Act of May 11, 2006 (P.L. 173, No. 43), known as the Prohibition of Illegal Alien Labor on Assisted Projects Act, the Grantee shall not knowingly employ, or knowingly permit any of its subcontractors to knowingly employ, the labor services of an illegal alien on activities funded in whole or in part by a grant or loan issued by an executive agency of the Commonwealth of Pennsylvania.

Violation of the Prohibition of Illegal Alien Labor on Assisted Projects Act.

A. In the event that the Contractor

i. knowingly employs, or knowingly permits any of its subcontractors to knowingly employ, the labor services of an illegal alien on activities funded in whole or in part by grants or loans issued by an executive agency of the Commonwealth of Pennsylvania; and

ii. the Contractor or any of its subcontractors are sentenced under Federal law for an offense involving knowing use of labor by an illegal alien on activities funded in whole or in part by grants or loans issued by an executive agency of the Commonwealth of Pennsylvania, the Contractor shall repay to the Granter all grant funds received by the Grantee from the Grantor pursuant to this Grant. A check shall be written, payable to the Commonwealth of Pennsylvania, and forwarded to the Granter.

Name: _____________________________________

Title: ______________________________________

Signed: _____________________________________

Date: ________________________________________

Compliance with the State Contractor Responsibility Program

The Contractor and all subcontractors agree as follows:

For the purpose of these provisions, the term Contractor is defined as any person, including, but not limited to, a bidder, offeror, loan recipient, grantee, or subgrantee, who has furnished or seeks to furnish goods, supplies, services, or leased space, or who has performed or seeks to perform construction activity under contract, subcontract, grant, or subgrant with the Commonwealth, or with a person under contract, subcontract, grant, or subgrant with the Commonwealth or its state-affiliated entities, and state-related institutions. The term Contractor may include a permittee, licensee, or any agency, political subdivision, instrumentality, public authority, or other entity of the Commonwealth.

1. The Contractor must certify, in writing, for itself and all its subcontractors, that as of the date of its execution of any Commonwealth contract, that neither the Contractor, nor any subcontractors, nor any suppliers are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit, along with the bid/proposal, a written explanation of why such certification cannot be made.

2. The Contractor must also certify, in writing, that as of the date of its execution, of any Commonwealth contract it has no tax liabilities or other Commonwealth obligations.

3. The Contractor's obligations pursuant to these provisions are ongoing from and after the effective date of the Grant through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the Grantor if, at any time during the term of the Grant, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension· or debarment.

4. The failure of the Contractor to notify the Granter of its suspension or debarment by the Commonwealth, any other state, or the federal government shall constitute an event of default of the Grant with the Commonwealth.

5. The Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the Commonwealth, which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor's suspension or debarment.

6. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by either searching the internet at https://www.dgs.internet.state.pa.us/debarment_list/ or contacting the: Department of General Services | Office of Chief Counsel | 603 North Office |Building |Harrisburg, PA 17125 | Telephone No: (717) 783-64 72 | FAX No: (717) 787-9138

Name: _____________________________________

Title: ______________________________________

Signed: _____________________________________

Date: ________________________________________

Revised February 1, 2010

EXHIBIT G

Contract Provisions – Right to Know Law 8-K-1532

a. The Pennsylvania Right-to-Know Law. 65 P.S. §§ 67.101-3104, (“RTKL”) applies to this Contract. For the purpose of these provisions, the term “the Commonwealth” shall refer to the contracting

Commonwealth agency.

b. If the Commonwealth needs the Contractor’s assistance in any matter arising out of the RTKL related to this Contract, it shall notify the Contractor using the legal contact information provided in this Contract.

The Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Commonwealth.

c. Upon written notification from the Commonwealth that it requires the Contractor’s assistance in responding to a request under the RTKL for information related to this Contract that may be in the

Contractor’s possession, constituting, or alleged to constitute, a public record in accordance with the

RTKL (“Requested Information”), the Contractor shall:

1. Provide the Commonwealth, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in the Contractor’s possession arising out of this Contract that the Commonwealth reasonably believes is Requested Information and may be a public record under the RTKL; and

2. Provide such other assistance as the Commonwealth may reasonably request, in order to comply with the RTKL with respect to this Contract.

d. If the Contractor considers the Requested Information to include a request for a Trade Secret or

Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Contractor considers exempt from production under the RTKL, the Contractor must notify the

Commonwealth and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of the Contractor explaining why the requested material is exempt from public disclosure under the RTKL.

e. The Commonwealth will rely upon the written statement from the Contractor in denying a RTKL request for the Requested Information unless the Commonwealth determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the Commonwealth determine that the

Requested Information is clearly not exempt from disclosure, the Contractor shall provide the Requested

Information within five (5) business days of receipt of written notification of the Commonwealth’s determination.

f. If the Contractor fails to provide the Requested Information within the time period required by these provisions, the Contractor shall indemnify and hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of the Contractor’s failure, including any statutory damages assessed against the Commonwealth.

g. The Commonwealth will reimburse the Contractor for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.

Revised February 1, 2010

EXHIBIT G

h. The Contractor may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, the Contractor shall indemnify the Commonwealth for any legal expenses incurred by the Commonwealth as a result of such a challenge and shall hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the

Commonwealth may incur as a result of the Contractor’s failure, including any statutory damages assessed against the Commonwealth, regardless of the outcome of such legal challenge. As between the parties, the Contractor agrees to waive all rights or remedies that may be available to it as a result of the

Commonwealth’s disclosure of Requested Information pursuant to the RTKL.

i. The Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this

Contract and shall continue as long as the Contractor has Requested Information in its possession.

CERTIFICATION OF NON SEGREGATED FACILITIES

CERTIFICATION OF NON SEGREGATED FACILITIES

The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal 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 explicitly directive or 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 has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

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)

Enclosure 1 to Management Directive 215.8 Amended Page 1 of 3

CONTRACTOR INTEGRITY PROVISIONS

It is essential that those who seek to contract with the Commonwealth of Pennsylvania

(“Commonwealth”) observe high standards of honesty and integrity. They must conduct themselves in a manner that fosters public confidence in the integrity of the Commonwealth contracting and procurement process.

1. DEFINITIONS. For purposes of these Contractor Integrity Provisions, the following terms shall have the meanings found in this Section:

a. “Affiliate” means two or more entities where (a) a parent entity owns more than fifty percent of the voting stock of each of the entities; or (b) a common shareholder or group of shareholders owns more than fifty percent of the voting stock of each of the entities; or

(c) the entities have a common proprietor or general partner.

b. “Consent” means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of the execution of this contract.

c. “Contractor” means the individual or entity, that has entered into this contract with the

Commonwealth.

d. “Contractor Related Parties” means any affiliates of the Contractor and the

Contractor’s executive officers, Pennsylvania officers and directors, or owners of 5 percent or more interest in the Contractor.

e. “Financial Interest” means either:

(1) Ownership of more than a five percent interest in any business; or

(2) Holding a position as an officer, director, trustee, partner, employee, or holding any position of management.

f. “Gratuity” means tendering, giving, or providing anything of more than nominal monetary value including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth in the Governor’s Code of Conduct, Executive Order 1980-18, the 4 Pa. Code §7.153(b), shall apply.

g. “Non-bid Basis” means a contract awarded or executed by the Commonwealth with

Contractor without seeking bids or proposals from any other potential bidder or offeror.

2. In furtherance of this policy, Contractor agrees to the following:

a. Contractor shall maintain the highest standards of honesty and integrity during the performance of this contract and shall take no action in violation of state or federal laws or regulations or any other applicable laws or regulations, or other requirements applicable to

Contractor or that govern contracting or procurement with the Commonwealth.

b. Contractor shall establish and implement a written business integrity policy, which includes, at a minimum, the requirements of these provisions as they relate to the

Contractor activity with the Commonwealth and Commonwealth employees and which is made known to all Contractor employees. Posting these Contractor Integrity Provisions conspicuously in easily-accessible and well-lighted places customarily frequented by…