3-Main St.-400 Block-Curb Sidewalk Improvements-CDBG Specifications.pdf

The Specifications and Contract Documents contained herein (up to and including the

Supplementary Conditions) are based upon standardized documents prepared by

Engineer’s Joint Contract Documents Committee and issued and published jointly by the Organizations listed below. Project specific requirements, the impact of state and local laws and standard procedures of our office are reflected in modifications and supplements and/or deletions as required by C.S. Davidson, Inc.

TABLE OF CONTENTS

1. Invitation To Bid

2. Instructions To Bidders

3. Bid And Bid Bond

4. Agreement And Bond Forms

5. Standard General Conditions Of The Construction Contract EJCDC No. 1910-8 (1996 Edition)

6. Supplementary Conditions

7. Technical Provisions (Standard) (Required)

8. Technical Provisions (Detailed)

9. Federal (Required)

PREBID NOTICE

This project is funded in whole or in part with a U. S. Department of Housing and Urban Development Community Development Block Grant. In bidding and performing work on this project, construction contractors are required to observe the "General Federal Terms and Conditions" included in these project specifications. Incorporated, therein, is the “Federal Labor Standards Provisions” form HUD-4010.

Equal Employment Opportunity is an important part of bidding and performing work on this project, as detailed in the "General Federal Terms and Conditions." Contractors are required to take specific affirmative actions to ensure equal employment opportunity including subcontracting with Section 3 and minority/female owned firms, and are required to "document and maintain a record of all solicitations or offers for subcontracts from Section 3 businesses, Section 3 Labor, and minority/female construction contractors and suppliers, including circulation of solicitations to Section 3 and minority/female contractors' associations..." At the present time, there are no known female contractor associations in York County; however, there is a Minority Contractors' Association affiliated with Crispus Attucks. Contact the York County Planning Commission at (717) 771-9870 Ext 1737 or go to website ycpc.org for a list of Section 3 and minority/female contractors and businesses.

The construction contractor who is the apparent low bidder on this project will be required to provide records documenting all solicitations or offers for subcontracts from minority and female contractors and suppliers prior to contract award. Failure to provide the documentation may result in the bid being declared unresponsive with a loss of contract award.

Section 3 - Required record documenting Section 3 business & labor are under development and will be explained at the Pre -Construction. These are being updated to include requirements of 24 CFR Part 75; recently adopted by HUD.

Updated 12/14/2023 wmontalvo Highlight

SECTION 1

Invitation to Bid

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INVITATION TO BID

Main St. - 400 Block - Curb & Sidewalk Improvements - CDBG

Sealed bids for curb and sidewalk replacement with associated roadway paving will be received online via the PennBid Program (https://pennbid.bonfirehub.com) by Delta Borough, York County, Pennsylvania until 10:00 am, Friday, September 18, 2026.

The bids will be publicly opened and read electronically, via PennBid’s website, at 10:00 am (prevailing time), same date. Bid results will be available at the end of business day, same date.

Copies of Bidding Documents for Main St. - 400 Block - Curb & Sidewalk Improvements - CDBG are available online and at no cost via the PennBid Program at https://pennbid.bonfirehub.com.

NOTE: The Council of Delta Borough have authorized C.S. Davidson, Inc., to act on their behalf by opening bids. Contracts will be awarded at a regularly scheduled meeting of Delta Borough.

A bid bond by acceptable surety or a certified check made payable to Delta Borough in the amount of 5% of the maximum bid must be provided by each bidder with their bid.

Each bidder must be prepared to submit evidence of his qualifications to perform the work.

Notice is hereby given to bidders that this project is funded by the U.S. Department of Housing and Urban Development and is subject to the Davis-Bacon Act of March 3, 1931, as amended, and wages must be paid by contractors according to the U.S. Labor Department's Wage Decision included in the specifications; provisions of Section 3 of the Housing Act of 1968; and the President's Executive Order 11246 or any other order which prohibits discrimination in employment.

The Contract Time for this project is one hundred twenty (120) calendar days.

Delta Borough reserves the right to accept any bid or reject any or all bids.

Delta Borough

Maxine Moul, Council President

Publish Dates: Thursday, August 27, 2026 and Thursday, September 3, 2026 https://pennbid.bonfirehub.com/ http://www.pennbid.net/

SECTION 2

Instructions to Bidders

Main St. - 400 Block - Curb & Sidewalk Improvements - CDBG Engineer’s Project No. 4061.4.17.00 Specifications and Contract Documents Delta Borough, York County, PA

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Article 1. DEFINED TERMS

1.01 Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions.

The term "apparent Successful Bidder" means the lowest qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) intends to make an award.

Article 2. QUALIFICATIONS OF BIDDERS

2.01 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five (5) days of Owner's request, written evidence such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid contains a representation of Bidder's qualification to do business in the state where the Project is located, or covenant to obtain such qualification prior to award of the Contract.

Article 3. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

3.01 Before submitting a Bid, each Bidder must (a) examine the Bidding Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, and (d) study and carefully correlate Bidder's observations with the Bidding Documents.

3.02 Reference is made to the Supplementary Conditions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work, which have been relied upon by Engineer in preparing the Drawings and Specifications. Owner will make copies of such reports available to any Bidder requesting them.

These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid, each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

3.03 On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Bidder shall fill all holes and cleanup and restore the site to its former condition upon completion of such explorations, investigations tests and studies.

3.04 The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the Supplementary Conditions or Drawings.

3.05 Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others.

3.06 Reference is made to Article 7 of the Supplementary Conditions for the identification and general nature of other work that is to be performed at the site by Owner or others (such as utilities or other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

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3.07 A detailed description of the Work is provided in the Technical Provisions (Detailed).

3.08 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

Article 4. INTERPRETATIONS AND ADDENDA

4.01 All questions about the meaning or intent of the Bidding Documents shall be submitted to Engineer in writing via the “Messages/ Public Q&A” feature in PennBid. Replies will be issued by Addenda, posted within the “Bidding Documents” feature in PennBid and an email notification sent to all parties recorded as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Article 5. CONTRACT TIME

5.01 The number of days within which, or the date by which the Work is to be completed (the Contract Time), is set forth in the Bid Form and will be included in the Agreement.

Article 6. LIQUIDATED DAMAGES

6.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

Article 7. SUBSTITUTE AND “OR-EQUAL” ITEMS

7.01 The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor, if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions.

Article 8. SUBCONTRACTORS, SUPPLIERS AND OTHERS

8.01 If the Supplementary Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, will, within seven (7) days after the day of the Bid opening, submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may, before giving the Notice of Award, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner and Engineer do not make written objection prior to giving of the Notice of Award, will be deemed acceptable to Owner and Engineer.

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8.02 In contracts where the Contract Price is on the basis of cost-of-the-work plus a fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract, and after the Notice of Award, may only subcontract other portions of the Work with Owner's written consent.

8.03 No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection.

Article 9. BID FORM

9.01 The Bid Form is included with the Bidding Documents for reference. Bidders shall complete the electronic Bid Form within PennBid (“Prepare Your Submission” tab).

9.02 A Bid price shall be indicated for each Bid item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

9.03 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to submit).

9.04 Bids by partnerships must be executed in the partnership name and submitted by a partner.

9.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to submit.

9.06 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

9.07 The address and telephone number for communications regarding the Bid shall be shown.

9.08 Bidder shall include in his Bid all cash allowances stated in the Bid Form. Cash allowances shall include those costs enumerated in the General Conditions.

Article 10. SUBMISSION OF BIDS

10.01 Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) no later than the time and date prescribed.

10.02 Other documentation required to be submitted with the Bid is described in Article 24 and on the Bid Form.

Article 11. MODIFICATION AND WITHDRAWAL OF BIDS

11.01 Bids may be modified or withdrawn at any time prior to the due date and time prescribed.

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11.02 Bids may be withdrawn only as provided in Pennsylvania Act of January 23, 1974, P.L. 9:

"Any Bidder may withdraw his bid for consideration after the bid opening without forfeiture of the surety bid bond filed with the bid, if the price bid was submitted in good faith, and the bidder submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid; provided (i) notice of a claim of the right to withdraw such bid is made in writing with the Owner within two business days after the opening of bids; and

(ii) the withdrawal of the bid would not result in the awarding of the contract on another bid of the same bidder, his partner, or to a corporation or business venture owned by or in which he has a substantial interest. No bidder who is permitted to withdraw a bid shall supply any material or labor to, or perform any subcontract or other work agreement for any person to whom a contract or subcontract is awarded in the performance of the contract for which the withdrawn bid was submitted without the written approval of the Owner."

Article 12. BIDS TO REMAIN OPEN

12.01 All Bids shall remain open for sixty (60) days after the day of the Bid opening, unless delayed due to required approvals of other governmental agency or sale of bonds, in which case, Bids shall be irrevocable for one hundred twenty (120) days in compliance with Pennsylvania Act No. 317 of 1978, as amended by Act No. 200 of 1982, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date.

Article 13. BID SECURITY

13.01 Bid Security shall be made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond on form attached issued by a Surety meeting the requirements of Article 5.01 of the General Conditions. Bidders using a different Bid Bond Form (other than attached form) will reimburse the Owner for legal costs to review other forms.

13.02 The Bid Security of the apparent Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the apparent Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within fifteen (15) days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.

The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished on the first day after the open period for bids contained in Article 12 herein. Bid Security of other Bidders will be returned within seven (7) days of the Bid opening.

Article 14. BASIS OF BID; EVALUATION OF BIDS

14.01 Bidders shall submit a Bid on a unit price basis or lump sum basis for each item of Work listed on the Bid Schedule.

14.02 The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Article 11.03 of the General Conditions.

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14.03 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Article 11.01 of the General Conditions.

Article 15. AWARD OF CONTRACT

15.01 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the apparent Successful Bidder and the right to disregard all nonconforming, nonresponsive or conditional Bids.

15.02 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates and unit prices if requested in the Bid forms.

It is the Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form, but Owner may accept them in any order or combination.

15.03 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

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

15.05 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction.

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

15.07 A pre-award conference may, at the option of Owner, be scheduled at a time and place mutually acceptable to the apparent Successful Bidder and Owner.

15.08 If the contract is to be awarded, Owner will give the apparent Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

Article 16. CONTRACT SECURITY AND INSURANCE

16.01 The General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds, as well as the type and amount of insurance required.

Article 17. SIGNING OF AGREEMENT

17.01 When Owner gives a Notice of Award to the apparent Successful Bidder, it will be accompanied by at least three (3) unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver at least three (3) counterparts of the Agreement to Owner with all other Contract Documents attached, including required bonds and Certificates of Insurance. Within ten (10) days thereafter, the Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties.

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Article 18. LAWS AND REGULATIONS

18.01 Bidders are referred to Article 6.09 of the Supplementary Conditions with regard to the applicability of certain laws and regulations specifically affecting this project. The General Conditions set forth responsibility for compliance with laws and regulations in general.

Article 19. SALES AND USE TAXES

19.01 Bidders are referred to the General Conditions regarding possible exemption from state sales and use tax. Each Bidder is responsible for determining the extent of such exemption, if any.

Article 20. COPIES OF BIDDING DOCUMENTS

20.01 The Bidding Documents are available for examination online and at no cost at any time via the PennBid Program (https://pennbid.bonfirehub.com).

20.02 Complete sets of Bidding Documents shall be used in preparing Bids. Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

20.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

Article 21. OPENING OF BIDS

21.01 Bids will be opened publicly.

21.02 When Bids are opened publicly, they will be opened, and read electronically, via PennBid’s website. Following the opening of bids, an abstract of the amounts of the base Bids and major alternates (if any) will be made via a Public Notice on PennBid (https://pennbid.bonfirehub.com).

Article 22. REDUCTION IN SCOPE OF WORK

22.01 The Owner fully intends to construct the work for which bids are solicited. However, the Owner specifically reserves the right, which all Bidders acknowledge by submission of a bid, to reduce quantities and/or eliminate portions of the project to meet available finances. Reduction of quantities or elimination of portions of the project will not constitute grounds of additional or compensatory charges to the low bidder.

Article 23. PRE-BID CONFERENCE

23.01 A pre-bid conference has not been scheduled.

Article 24. SPECIAL REQUIREMENTS - COMMUNITY DEVELOPMENT BLOCK

GRANT PROJECTS

24.01 Bidders shall note that failure to include executed copies of the following documents will render his bid non-responsive:

• Certification of Section 3

• Minority & Female Owned Business and Section 3 Business Concern Certification

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SECTION 3

Bid and Bid Bond

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BID

THIS FORM IS PROVIDED FOR CONVENIENCE ONLY.

ALL BIDS SHALL BE SUBMITTED ONLINE VIA PENNBID’S

“PREPARE YOUR SUBMISSION” TAB.

PROJECT: Main St. - 400 Block - Curb & Sidewalk Improvements - CDBG

TO: Delta Borough

(OWNER)

207 Main Street, Suite A

(ADDRESS)

Delta, PA 17314

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including, without limitations, those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60) days after the day of Bid opening unless delayed due to required approvals of other governmental agency or sale of bonds, in which case, Bids shall be irrevocable for one hundred twenty

(120) days in compliance with Pennsylvania Act No. 317 of 1978, as amended by Act No. 200 of 1982.

BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER's Notice of Award.

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

A. BIDDER is qualified to conduct business in Pennsylvania, or

B. BIDDER will obtain such qualification prior to Award of the Contract;

C. BIDDER has examined copies of all the Contract Documents and of the following addenda:

DATE NUMBER

(receipt of all of which is hereby acknowledged) and also copies of the Invitation to Bid and Instructions to Bidders;

D. BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work, and has made such independent investigations as BIDDER deems necessary;

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

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F. BIDDER has been furnished with applicable Davis-Bacon wage predetermination for this project and acknowledges that they are incorporated in this Bid.

4. BIDDER agrees that the Work will be substantially completed on or before the dates or within the number of calendar days indicated in the Agreement.

5. BIDDER accepts the provisions of the Agreement as it pertains to liquidated damages in the event of failure to complete the Work on time.

6. The following documents are attached to and made a part of this Bid:

A. Required Bid Security in the form of bid bond or certified check

B. Non-collusion Affidavit of Prime Bidder

C. Unique Entity Identifier (UEI) Number Requirements Acknowledgement

D. Certification of Section 3

E. Minority & Female Owned Business and Section 3 Business Concern Certification

F. Section 3 Worker and Targeted Section 3 Worker Self-Certification

G. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid.

H. Effective January 1, 2013, all Public Works Construction Contractors and Subcontractors shall comply with the Federal E-verify Program (EVP) operated by the United States Department of Homeland Security:

(1) All Public Works Contractors or Contractors shall submit and execute a Public Works Employment Verification Form, attached herein, with any bid of $25,000 or greater.

(2) Subcontractors shall submit a copy of the Public Works Employment Verification Form before any onsite or offsite work begins, unless the combined value of the contractor and the subcontractor work is less than $25,000.

7. The terms used in this Bid, which are defined in the General Conditions of the Construction Contract, included as part of the Contract Documents have the meanings assigned to them in the General Conditions.

8. BIDDER will complete the Work for the following price(s):

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BID SCHEDULE

NOTE: Words have been abbreviated as follows:

Word Abbreviation Word Abbreviation Lineal Feet L.F. Lump Sum L.S.

Square Feet S.F. Square Yards S.Y.

Each Ea.

Bid Item No. Bid Item Description

Estimated Quantity

Unit of Payment

Unit Price

Estimated Total

2. MISCELLANEOUS / SITE WORK PAYMENT ITEMS

2.01 Mobilization 1 L.S. Job $

2.01.01 Maintenance and Protection of

Traffic 1 L.S. Job $

2.06 Soil Erosion & Sedimentation

Control 1 L.S Job $

2.08 Finish Grading and Seeding 1 L.S. Job $

7. ROADWAY PAYMENT ITEMS

7.08 Cement Concrete Curb 325 L.F. $ $

7.08.01.06 6” Cheek Wall 25 L.F. $ $

7.09.01.04 4” Thick Concrete Sidewalk 1,400 S.F. $ $

7.09.01.06 6” Thick Concrete Sidewalk 270 S.F. $ $

7.10.15 Detectable Warning Pad 1 Ea. $ $

7.15 Driveway Pavement Restoration 20 S.Y. $ $

TOTAL AMOUNT OF BID BASED

ON ESTIMATED QUANTITIES: $ ________________________________

TOTAL AMOUNT OF BID (written in words)

SUBMITTED ON ______________________________, 20_____.

TABULATION OF ALL SUBCONTRACTORS

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BID BOND

KNOW ALL MEN BY THESE PRESENTS that we, (hereinafter called the “Principal”) as Principal, and a corporation authorized to transact business in Pennsylvania, and having its principal office at

(hereinafter called the “Surety”) as surety, are held and firmly bound unto

(hereinafter called the “Obligee”) as Obligee, in the sum of

DOLLARS ($ ),

lawful money of the United States of America; for the payment of which we bind ourselves, and each of our respective heirs, legal representatives, successors, and assigns, jointly and severally, by these presents, on this day of , 20 .

WITNESSETH THAT:

WHEREAS, said principal is herewith submitting to the Obligee a proposal to perform the contract work for the Obligee’s, proposed pursuant to plans, specifications and other Contract Documents incorporated into said proposal by reference; and it is a condition of the Obligee’s receipt and consideration of said proposal that the proposal be accompanied by bid security to be held by the Obligee on terms embodied herein.

THEREFORE, the condition of this obligation is that if said principal shall furnish a performance bond, payment bond, and insurance certificates to the Obligee upon the Obligee’s delivery to the principal of fifteen days notice of intention to accept his proposal and to make a formal award of contract to him, and shall enter into such contract in all respects as required by said Contract Documents, then this obligation shall be void; but otherwise it shall remain in full force, and the principal and surety will pay to the Obligee the difference between the amount of the Principal’s accepted bid(s) and any higher amount for which the

Obligee may contract for the required work, plus any advertising, architect’s, legal and other expenses

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incurred by the Obligee by reason of the default; provided, however, that the obligations of the Surety hereunder shall not exceed the amount of this bond together with the interest.

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

(Individual Principal)

(SEAL)

Witness: (Signature of Individual)

Trading and doing business as

(Partnership Principal)

(SEAL)

(Name of Partnership)

Witness:

By:

(SEAL) (Partner)

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(Corporation Principal)

(Name of Corporation)

ATTEST:

Title or (if appropriate)

*By:

(Authorized Representative)

Witness or Attest:

*Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the Corporation.

(Corporation Surety)

Witness or Attest:

**By:

Title

(CORPORATE SEAL)

**Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-In-Fact to act in behalf of the Corporation.

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NON-COLLUSION AFFIDAVIT

OF PRIME BIDDER

State of:

SS:

County of:

Before me personally appeared the undersigned , who, on oath says that he/she has submitted to the a bid and offer to do the following work under contract as set-up in the plans and specifications attached hereto.

a. By submission of this bid, each bidder and each person signing on behalf of any bidder, certifies, and in the ease of a joint bid, each party thereto certifies as to its own organization under penalty of perjury, that, to the best of his knowledge and belief;

1. The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competition;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder, and will not be knowingly disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor; and

3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation, to submit or not to submit a bid for the purposes of restricting competition.

Signed:

Title:

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

(Seal)

Notary Public

My Commission Expires:

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REQUIREMENTS OF BIDDERS

THE BIDDERS ATTENTION IS DIRECTED TO THE FOLLOWING REQUIREMENTS THAT MUST ACCOMPANY THEIR BID

PROPOSAL.

Please note: To all contractors: you are responsible for obtaining information for the Section 3 Compliance from all subcontractors. The completed Labor Hours report must be submitted once project is completed.

Forms to complete with Bids for all contractors:

A) SECTION 3 CLAUSE: Please ANSWER THE QUESTIONS AND read carefully. These are the requirements and must be included in every CDBG, HOME, ESG funded construction Section 3 projects

B) MINORITY & FEMALE OWNED BUSINESS AND SECTION 3 BUSINESS CONCERN CERTIFICATION

(form2) The completion of this forms are to certify that you have read the Section 3 Clause, and your status of eligibility for preference as a Section 3 Business. OTHER NOT necessary to submit at bidding time only if you are the selected bidder and futhther instruction will be provided.

SECTION 3 WORKER AND TARGETED SECTION 3 WORKER SELF-CERTIFICATION (form 2)–The form can help you verify if any of your employees meet the Section 3 criteria, that is detailed on the MINORITY AND FEMALE OWNED BUSINESS LISTING AND SECTION 3 BUSINESS CONCERN LISTING form. This form is not to be submitted to YCPC, unless requested for HUD monitoring purposes. It must be kept on each employee file for at least 5 years after completion of project. It is a tool to be used as verification for any business in order to verify their status as a Section 3 business.

DEFINITIONS

The terms HUD, Public housing, and Public Housing Agency (PHA) are defined in 24 CFR part 5. The following definitions also apply to 24 CFR Part 75 HUD’s Economic Opportunities for Low-and Very Low-Income Persons:

1937 Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq. activities related to Public Housing Contractor means any entity entering into a contract with:

(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or

(2) A subrecipient for work in connection with a Section 3 project.

Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.

Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act, at or below 80% AMI. Note that Section 3 worker eligibility uses individual income rather than family/household income.

Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.

Professional services means non-construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial consulting, accounting services, environmental assessment, architectural services, and civil engineering services.

Public housing financial assistance means assistance as defined in 24 CFR Part 75.3(a)(1).

Public housing project is defined in 24 CFR 905.108.

Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.

Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).

Section 3 business concern means:

(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:

(i) It is at least 51 percent owned and controlled by low- or very low-income persons;

(ii) Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or

(iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

(2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.

(3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern.

Section 3 business concerns are not exempt from meeting the specifications of the contract.

Section 3 Coordinator is person tasked with overseeing all Section 3 responsibilities for the PHA/CD office.

Section 3 project means a project defined in 24 CFR Part 75.3(a)(2).

Section 3 worker means:

(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:

(i) The worker's income for the previous or annualized calendar year is below the income limit established by

HUD.

(ii) The worker is employed by a Section 3 business concern.

(iii) The worker is a YouthBuild participant.

(2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction.

(3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.

Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant-based assistance under Section 8 of the 1937 Act.

Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.

Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.

Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.

Targeted Section 3 worker has the meanings provided in 24 CFR Part 75.11, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction.

Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act (at or below 50% AMI). YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).

Build America, Buy America Act All federal projects that is subject to the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11.

Provider shall obtain all necessary compliance certificates for work that is within provider’s scope of work.

Failure to do so shall be a default under this bid. Guidance on complying with BABAA is outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022

See attachment in your bidder pack titled: What Is Build America, Buy America?

For details and links to resources on what to do. For BABBA HUD waivers please see link:

https://www.hudexchange.info/programs/baba/waivers/

UNIQUE ENTITY IDENTIFIER (UEI) NUMBER

Funds or partial funds for this project are Federal funds therefore a Unique Entity Identifier (UEI) number will be required. Read this notice carefully as part of the requirements necessary for bidding on this project.

For our CDBG and HOME projects, the York County Planning Commission on behalf of York County must follow the 2 CFR

200.214 Suspension and debarment requirements. What this means to you is that all Non-Federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. The regulations in 2 CFR part 180 restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

In order to meet the debarment and suspension exclusion requirement, all participants will need a Unique Entity Identifier (UEI) as the primary means of entity identification for Federal awards government-wide. UEIs are required in accordance with 2 CFR Part 25. This change streamlines the entity identification and validation process, making it easier and less burdensome for entities to do business with the Federal Government.

https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180

To obtain, and maintain a Unique Entity Identifier (UEI) number at www.SAM.gov. and the registration must result in a status of “Active Registration.” To maintain an “Active Registration” in the SAM.gov database after the initial registration, the applicant is required to review and update its information in the SAM.gov database every 365 days to ensure it is current, accurate and complete.

Please acknowledge by signature form(attach) “Notification to bidders” with the bid package proposal.

http://www.sam.gov/

Notification to bidders ALL BIDDERS MUST READ AND SIGN ACKNOWLEDGING THEY HAVE READ (Effective 7/1/2024)

Funds or partial funds for this project are Federal funds therefore a Unique Entity Identifier (UEI) number will be required. Read this notice carefully as part of the requirements necessary for bidding on this project.

For our CDBG and HOME projects, the York County Planning Commission on behalf of York County must follow the

200.214 Suspension and debarment requirements. What this means to you is that all Non-Federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part

180. The regulations in 2 CFR part 180 restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

In order to meet the debarment and suspension exclusion requirement, all participants will need a Unique Entity Identifier (UEI) as the primary means of entity identification for Federal awards government-wide. UEIs are required in accordance with 2 CFR Part 25. This change streamlines the entity identification and validation process, making it easier and less burdensome for entities to do business with the Federal Government. To obtain, and maintain a Unique Entity Identifier (UEI) number at www.SAM.gov and the registration must result in a status of “Active Registration.” To maintain an “Active Registration” in the SAM.gov database after the initial registration, the applicant is required to review and update its information in the SAM.gov database every 365 days to ensure it is current, accurate and complete.

If you do not have a UEI number and intend to bid on this project, please begin the process immediately. It takes some time to complete and obtain the number.

I ______________________________ acknowledge that I have read and understand the requirements and will obtain a UEI number to comply with federal funding regulations, if awarded the project.

Company Name _______________

Official Signature Title Date https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180

MINORITY & FEMALE OWNED BUSINESS AND SECTION 3 BUSINESS CONCERN CERTIFICATION

INSTRUCTIONS: ENTER THE FOLLOWING INFORMATION AND SELECT THE CRITERIA THAT APPLIES TO CERTIFY YOUR BUSINESS’ SECTION 3 BUSINESS CONCERN AND MBE/WBE STATUS Certification expires within six months of the date of signature Information regarding Section 3 Business Concerns can be found at 24 CFR 75.5

Name of Business: _____________________________________________________________ Address: _____________________________________________________________________ Phone: _________________ Fax:________________ UEI:-__________________________ Contact Person: _______________ E-mail:- ____________________ EIN#_________________________ Please check one: Currently active business. No longer in business.

Type of Business (select from the following options): ☐Corporation ☐Partnership ☐Sole Proprietorship ☐Joint Venture

Description of Work or service: _____________________________________________________

MBE/WBE BUSINESS LISTING: Please check those that apply:

1a. This business: IS IS NOT a Minority Owned Business 2a. This business: IS IS NOT a Female Owned Business

SECTION 3 Listing: Does the business meet one of the following preferences? ______Yes ____NO A Section 3 Business means a business that meets one or more of the following criteria: To become CERTIFIED as a Section 3 Business please check all boxes that apply and RETAIN written evidence of the same:

1) ___ At least 51 percent of the business is owned and controlled by low- or very low-income persons;

2) ___ At least 51 percent of the business is owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing; or

3) ___ Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers.

Section 3 worker means:

(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:

(i) The worker's income for the previous or annualized calendar year is below the income limit established by

HUD.

(ii) The worker is employed by a Section 3 business concern.

(iii) The worker is a YouthBuild participant.

Business Concern Affirmation I affirm that the above statements are true, complete, and correct to the best of my knowledge and belief. I understand that businesses who misrepresent themselves as Section 3 business concerns and report false information to YCPC may have their contracts terminated as default and be barred from ongoing and future considerations for contracting opportunities. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge.

Signature Name of Authorized Official of Business Date

Print Name: ________________________________

FOR ADMINISTRATIVE USE ONLY

Is the business a Section 3 business concern based upon their certification? □YES □NO EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS https://www.ecfr.gov/cgi-bin/text-idx?SID=569b66a547528bf6c5c47f75b825cb94&mc=true&node=pt24.1.75&rgn=div5#se24.1.75_15

Minority and Women-Owned Business Listing 2026 Revised: May 2026

*Woman-owned business

General Construction/Rehabilitation Grow Healthy Corp* Ashley Hospelhorn 116 W 3rd St Waynesboro PA 17268 Phone (717) 762-9679 Fax (717) 762-8633 Email: growhealthycorp@gmail.com (Construction company focusing on new residential construction)

R&R Handyworks Angel Rodrigues 3765 E Market St Suite 4 York PA 17402-2766 Phone (717)893-3695 Email: rrhandyworkspa@gmail.com (Moving services, landscaping, construction, clean outs & organization)

Engineers, Architects – Consultants, Planners

First Capital Engineering, Inc* Ann K Luciani 48 S Richland Ave York PA 17404 Phone: (717) 845-3227 Email: annl@fcap.com (Civil & Municipal Engineering, Landscape Architecture & Land Surveying) https://fcap.com/

Luzerne Consulting LLC* Tara Labosky PO Box 187 New Freedom PA 17349 Phone: (443) 415-7901 Email: tara@luzerneconsulting.com (Project Management, Construction Management, Owner’s Representative, Program Management) https://luzerneconsulting.com/

Hive Consulting, LLC* Angie Garrison 40 3rd Street York Haven PA 17370 Phone: (717) 880-3372 Email: angie@hiveconsultants.com (Grant writing & compliance, owners rep, marketing, RFP management) https://hiveconsults.com/

NTM Engineering, INC* Donna Newell 130 W Church St Suite 200 Dillsburg PA 17011 Phone (717)432-4425 Fax (717) 432-4426 Email: dnewell@ntmeng.com (Civil Engineering & Environmental Services Firm) https://www.ntmeng.com/

In order to comply with the requirements of Section 3 of the HUD Act of 1968, we ask that all contractors attempt to use MBE/WBE's for…