5-Final-Rich Ave Bid Manual FY2024.pdf

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Mahoning Township Street Imp. Project – Rich Avenue FY2024-CDBG
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Not on record
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Lawrence County, Pennsylvania

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Mahoning Township Street Improvement Project – Rich Avenue

This is a project manual and bidding document for the Mahoning Township Street Improvement Project – Rich Avenue in Lawrence County, Pennsylvania, administered by the Lawrence County Department of Planning and Community Development and funded through the FY2024 Community Development Block Grant (CDBG). The project involves resurfacing and pavement work on Rich Avenue in Hillsville, PA 16132. The work consists of Superpave 9.5mm bituminous wearing scratch course (1.0" depth, 110 lbs./s.y., 179 tons), Superpave 9.5mm bituminous wearing course (1.5" depth, 165 lbs./s.y., 268 tons), and manhole adjustments (2 each). Optional bid items include bituminous pavement milling with variable depth of 0-2.5" (3,242 square yards) and base repair with 10" undercut, 8" asphalt millings, and 2" Superpave wearing course (100 square yards). Electronic bids must be submitted via PennBid by 3:00 P.M. on Monday, April 6, 2026. A mandatory pre-bid meeting is scheduled for 9:30 A.M. on Tuesday, March 23, 2026, at the Mahoning Township Municipal Building located at 4538 West State Street, Hillsville, PA 16132, with site visit available following the meeting. Pre-qualification documents are due at the mandatory pre-bid meeting or forwarded to the planning office in a timely manner. Bids will be publicly opened and read aloud on Tuesday, April 7, 2026, at 10:00 A.M. during the Lawrence County Commissioners meeting. Substantial completion is desired on or before August 1, 2026, with work to commence within ten calendar days of written notice to proceed.

Bidders must submit a bid bond or certified check equal to 10% of the total bid amount, payable to the County of Lawrence and Mahoning Township. All work must comply with Pennsylvania Department of Transportation Publication 408 specifications, Davis-Bacon wage rates, prevailing wage requirements under the Prevailing Wage Act of 1961, and HUD-4010 federal labor standards provisions. The project is subject to CDBG program requirements including Minority and Women Business Enterprise (MBE/WBE) goals of 5% MBE and 3% WBE for contracts of $25,000 or more, and Section 3 Action Plan requirements for contracts of $100,000 or greater with a 10% minimum participation level for Section 3 business concerns and 30% of new hires from Section 3 residents. Contractors must establish employment goals of 6.9% for female participation and 1% for minority participation in aggregate on-site construction workforce for contracts exceeding $10,000. All contractors and subcontractors must comply with Davis-Bacon provisions, submit weekly certified payroll on Form WH-347, and are subject to pre-qualification requirements including debarment verification and litigation history review. Bid security of non-selected bidders will be returned within fourteen days of bid opening, while the successful bidder's security is retained until execution of the agreement and furnishing of required contract security. County reserves the right to reject any or all bids, waive informalities, and award to the lowest responsible bidder whose evaluation indicates the award will best serve project interests.

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Project Manual

For Mahoning Township

FY2024 – Rich Avenue - Street Improvement Project

LAWRENCE COUNTY, PENNSYLVANIA

April 2026

Lawrence County Department of Planning and Community Development

430 Court Street New Castle, PA 16101

Phone: 724-656-2144 Fax: 724-656-2151 amckinney@lawrencecountypa.gov

Technical Specifications Prepared By:

NEW CASTLE ENGINEERS

650 Shenango Stop Road New Castle, PA 16101

724.730.4674 gd@newcastleengineers.com mailto:amckinney@lawrencecountypa.gov mailto:gd@newcastleengineers.com

Table of Contents

SECTION I NOTICE TO BID

Legal Notice - Invitation to Bid…………………………………………………………. 3

SECTION II NOTICE TO BIDDERS

Instructions to Bidders……………………………………………………………………5 Community Development Block Grant Required Provisions…………………………... 11

SECTION III PRE-QUALIFICATION DOCUMENTS

Pre-Qualification Checklist……………………………………….……….…………13-22

SECTION IV BIDDING DOCUMENTS

Proposal/Bid Form……………………………………………………………………… 23 General Instructions for Bid Bonds……………………………………………………. 25 Bid Bond…………………………………………………………………………...…… 26 Statement of Compliance with Davis-Bacon Wage Rates and Regulations……………. 27 Affidavit Re: Accepting Provisions for the Workmen’s Compensation Act……....…… 27 Affidavit of Non-Collusion………………………………………………………...…… 28 Non-Discrimination Affidavit of Prime Bidder……….…………………………...…… 29 MBE/WBE Form 16 A Certification…………………………………………………….30 Section 3 Commitment Statement……………………………………………………….40 Public Works Employment Verification…………………………………………………41 Tabulation Form - Subcontractors & Suppliers-Checklist.………………………...…… 42

SECTION V SPECIFICATIONS

Exhibits Maps/Photographs……………………………………………………………...43 Bid Form/Tabulation Sheets……………………………………………………………..48 PennDOT/Additional Specifications…………………………………………………….51

SECTION VI CONTRACT, AGREEMENT AND AMENDMENT

Index to Contract Between Municipality and Contractor………………………………. 57

Construction Contract……………………………………………………………………58 Index to Appendix A………………………………………………………………….…70 Provisions for Compliance with CDBG Programs Use of Grant Funds.......................… 71 HUD-4010-Federal Labor Standards Provision………………………………………..,,77 Exhibit 1 - Assurances and Special Conditions

SECTION VII CONTRACT AWARD

Notice to Award…………….…………………………………………………….……..93 Notice to Proceed….…………………………………………………………………… 94

Full and Final Waiver & Release of Liens…………………………………….….…….. 95 Subcontractors and Suppliers Full and Final Waiver and Release of Liens….…………98

SECTION VIII BONDS

General Instructions for Bonds……………………………………………….………… 99 Performance Bond…...…………………………………………………………………100 Labor and Material Payment Bond…………………………………….……………….102 Maintenance Bond and Agreement……………………………………….…………….104

SECTION IX DAVIS-BACON WAGE REGULATIONS

Wage & Hour Payroll Information…………………………………………………….105 Employee Rights Posters………………………………………………………………107 HUD-4010-Federal Labor Standards Provision……………………………………….109 Wage Determination………………………………………………………………..…114

SECTION I

INVITATION FOR BID

Lawrence County will receive sealed bids online for the Mahoning Township Street Improvement Project – Rich Avenue included under the County of Lawrence FY2024 Community Development Block Grant (CDBG) administered by Lawrence County until 3:00 PM on Monday, April 6, 2026. The Bids will be publicly opened and read aloud on Tuesday, April 7, 2026, at the Lawrence County Commissioners meeting at 10:00 AM. All documents and solicitation details are available at no cost on PennBid – https://pennbid.bonfirehub.com. Bids will not be accepted if submitted in person, bids can only be submitted online at https://pennbid/bonfirehud.com.

Work is described in general but is limited to Mahoning Township seeks to resurface and the pavement of Rich Avenue, Hillsville, PA, 16132.

Bona fide Prime Contract bidders may secure one set of the Bid Documents at the above-mentioned website.

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

A Mandatory Pre-Bid Meeting shall be held at the Mahoning Township Municipal Building located at 4538 West State Street, Hillsville, PA 16132 at 9:30 AM on Tuesday, March 23, 2026. A visit to the site will follow if desired. Pre-Qualification Documents shall be due at the mandatory pre-bid meeting or forwarded to the planning office within a timely manner to participate in this bidding process.

In addition to the Equal Employment requirements of Executive Order 11246 regarding discrimination, the CONTRACTOR must establish a 6.9% goal for female participation and a 1% goal for minority participation in his/her aggregate on-site construction workforce for contracts in excess of $10,000.00.

Lawrence County is utilizing federal funds for this project, and Lawrence County has adopted a Minority and Women Business Enterprise Plan (MBE/WBE) in accordance with Executive Orders 11625, 12138, and 12432 and a Section 3 Action Plan in accordance with Title 24 Part 135 Code of Federal Regulations. As such, the bidders/offerors must submit documentary evidence of minority and women business enterprises and Section 3 business concerns who have been contacted and to whom https://pennbid.bonfirehub.com/ https://pennbid/bonfirehud.com commitments have been made. Documentation of such solicitations and commitments shall be submitted with the bid.

Moreover, the CONTRACTOR shall strive to meet the MBE goal of 5% and the WBE goal of 3% for contracts of $25,000 or more. The Section 3 Action Plan applies to contracts of $100,000 or greater and requires the CONTRACTOR to strive to meet the minimum participation level of 10% of the contract amount to be awarded to Section 3 business concerns, and 30% of all new hires shall be Section 3 residents. Lawrence County, in accordance with the Lawrence County Section 3 Action Plan, may provide a bid preference to a bidder who is a Section 3 business concern. MBE/WBE and Section 3 business concerns shall be afforded full opportunity to bid without discrimination. Labor Standards provisions found on HUD-4010 and Davis-Bacon/Related Acts apply to this Project.

Bids may be held by Lawrence County for up to 60 days from the date of opening for the purpose of reviewing the bids and investigating the qualifications of bidders prior to awarding the contract. Lawrence County reserves the right to reject any or all bids, to waive any irregularities, or to negotiate contract amounts.

Published Dates: March 12, 2026, and March 19, 2026

Post in: Mahoning Township Municipal Building, Lawrence County Courthouse, Website, FaceBook

SECTION II

INSTRUCTIONS TO BIDDERS

1. Defined Terms

Terms used in these Instructions to Bidders, which are defined in the General Provisions under Section V – Specifications, have the meanings assigned to them in the General Provisions. The term “Bidder” means one who submits a Bid directly to COUNTY, as distinct from a sub bidder, who submits a Bid to a Bidder. The term “Successful Bidder” means the Bidder to whom Lawrence County makes an award. The term “Bidding Documents” includes the Invitation to Bid, Contractor Qualification Statement, Notice of Eligibility, Instructions to the Bidders, Site Map, Specifications, The Bid Form, the required Bonds, the proposed Contract Documents (including all Addenda issued prior to receipt of Bids), all Supplemental Specifications and Special and General Provisions of this project, a Statement of Non-Collusion, a Statement of Acknowledgment agreeing to compliance of Davis Bacon Wage Rates and Regulations, and Acceptance of the Workmen’s Compensation Act.

2. Qualifications of Bidders

Bidders must be pre-qualified. Minority and Women owned businesses are encouraged to participate in this open Bid. Geographical or In-State preference is strictly prohibited. Bid is to be awarded to the lowest, most responsible, qualified bidder.

3. Qualifications of Bidders

This is an open Bidding Process and Bidders must be pre-qualified and accepted as eligible Bidders and notified by County of Lawrence to participate. No contractor can be listed on the State or Federal Debarment list.

4. Examination of Contract Documents and Site

4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract

Documents thoroughly; (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work; (c) consider Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; (d) study and carefully correlate Bidder’s observations with the Contract Documents; and (e) notify LCDPCD of all conflicts, errors or discrepancies in the Contract Documents.

4.2 Reference is made to Appendix “A” (Provisions for Compliance with Community Development

Block Grant Program Regarding Use of Grant Funds) for identification of:

4.2.1 Any reports of explorations and tests of conditions at the site, which have been utilized by the ENGINEER in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purpose of bidding or construction.

4.2.2 Any drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by the ENGINEER in preparation of the Contract documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purpose of bidding or construction.

4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to LCDPCD and the ENGINEER by owners of such Underground Facilities or others. LCDPCD does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions.

4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on the subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Provisions.

4.5 Before submitting a Bid, each Bidder will, at Bidder’s own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.6 On request in advance and after submittal of Bidder’s evidence of insurance coverage meeting limits designated in Appendix A and the General Provisions, COUNTY will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder must clean up and restore the site to its former condition upon completion of such explorations to the satisfaction of the COUNTY.

4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by COUNTY unless otherwise provided in the Contract Documents.

4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Section 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5. Interpretations and Addenda

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to

ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 COUNTY or ENGINEER may also issue addenda to modify the Bidding Documents as deemed advisable.

6. Bid Security

6.1 Each Bid must be accompanied by Bid Security made payable to the County of Lawrence and Mahoning Township in the amount of ten percent (10%) of the Bidders maximum Bid price and in the form of a Bid Bond (on form in the Project Manual), issued by a surety meeting the requirements.

6.2 The bid security of the successful Bidder will be retained until such Bidder has executed the

Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Lawrence County may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. COUNTY may retain the bid Security of other bidders, whom COUNTY believes to have a reasonable chance of receiving the award, until the expiration of the period that bids are subject to acceptance, whereupon Bid security furnished by such Bidders will be returned. Bid security with bids which are not competitive will be returned within fourteen (14) days after the Bid opening.

7. Contract Times

The times for Substantial Completion and Final Completion are to be set forth by Bidder in the Bid and will be included in the Agreement. The times will be taken into consideration by COUNTY during the evaluation of Bids, and it will be necessary for the Successful Bidder to satisfy COUNTY of Bidder’s ability to achieve Substantial Completion and Final Completion within the times designated in the Bid.

Substantial Completion is desired on or before August 1, 2026.

8. Liquidated Damages

As per PennDOT Pub. 408 (2011 Edition), applicable supplements and the project special provisions, if any.

9. Substitute and “Or- Equal” Items

Substitute of “Or-Equal “items are subject of the requirements of the General Provisions.

10. Subcontractors, Suppliers, and Others

10.1 If the Contract Documents require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to COUNTY in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to COUNTY a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent organization information if requested by COUNTY. If COUNTY or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, COUNTY or ENGINEER may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

If apparent Successful Bidder declines to make any such substitution, COUNTY may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any bidder. Any Subcontractor, Supplier, other person or organization listed and to whom COUNTY or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to COUNTY and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in the General Provisions.

10.2 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection.

11. Submission of Bids

Bids shall be submitted online at PennBid-https://pennbid.bonfirehub.com no later than 3:00 P.M.

local time, on Monday, April 6, 2026. The bids shall also conform to the following requirements:

1. All bidders must submit bid security in the amount equal to 10% of the total bid.

2. All bidders must comply with Davis-Bacon and Related Acts and Section 3 Minority Owned

Business Enterprise and/or Women Owned Business Enterprise.

3. Pennsylvania Prevailing Wage Rates shall be used on this project.

4. Non-compliance with any item within this bidding document will result in the rejection of the bid.

12. Modification and Withdrawal of Bids

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where bids are to be submitted at any time prior to the opening of Bids.

13. Opening of Bids

The opening of Bids will be publicly opened and read aloud at the County Commissioners Regularly scheduled Public Meeting to be held on Tuesday, April 7, 2026 at 10:00 A.M. at the Lawrence County Government Center, 430 Court Street, New Castle, PA 16101.

14. Bids to Remain Subject to Acceptance

All Bids will remain subject to Acceptance for 90 days after the day of the Bid opening, unless the formal award is delayed by a required approval of another agency, the sale of bonds or the award of a grant or grants, in which case the Lawrence County may hold the proposal 120 days after the date set for the Opening. COUNTY may, with the approval of Lawrence County release any Bid and return the Bid security prior to that date.

15. Award of Contract

15.1 COUNTY reserves the right to reject any and all bids, to waive any and all informalities and to negotiate contract terms with any Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. The COUNTY reserves the right to reject the Bid of any bidder if COUNTY believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by COUNTY.

Discrepancies in the multiplication of Units of Work and Item Unit Prices will be resolved in favor of the Item Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

16.2 In evaluating Bids, COUNTY will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

16.3 COUNTY may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the General Provisions. COUNTY also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

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

16.5 If the contract is to be awarded, it will be awarded to the Lowest Responsible Bidder, whose evaluation by COUNTY indicates to COUNTY that the award will be in the best interests of the Project.

16.6 If the contract is to be awarded, COUNTY will give the Successful Bidder a Notice of Award within the period of time that bids are subject to acceptance.

17. Contract Security

The General Instructions for Bonds and subsequent Sections of the Project Manual set forth COUNTY’s requirements as to performance, payment or other Bonds. When the Successful Bidder delivers the executed Agreement to COUNTY, it must be accompanied by the required Bonds.

18. Signing of Agreement

When COUNTY gives a Notice of Award to the Successful Bidder, the required number of unsigned counterparts of the Contract will accompany it. Within seven days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Contract with the required Bonds. Within ten days thereafter COUNTY shall deliver one fully signed counterpart to CONTRACTOR.

19. Pre-bid Meeting

A mandatory pre-bid Meeting will be held at 9:30 AM on Monday, March 23, 2026 at the Mahoning Township Municipal Building. Representatives from New Castle Engineers and Lawrence County will be present to discuss the Rich Avenue Street Improvement project. Bidders are required to attend and participate in the meeting. ENGINEER will transmit to all prospective Bidders or record such Addenda, as ENGINEER considers necessary in response to questions arising at the conference. Debriefing of all Local, State, and Federal Regulations that will pertain to this project will be discussed including but not limited to HUD 4010, Davis-Bacon, certified payroll, Labor and Industry, MBE/DBE, Section 3, record keeping, contractor requirements for prequalification (debarment and litigation) and general project information. Inspection of the job site will take place directly following the pre-bid meeting if requested.

20. Sales and Use Taxes

COUNTY is exempt from Pennsylvania State Sales and Use Tax on certain materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Refer to General Provisions for additional information.

21. Retainage

Provisions concerning retainage, if any, are set forth in the Contract.

22. Employee Background Check

CONTRACTOR shall conduct a background check on each of its employees prior to the employee performing any function or activity under this Agreement involving any direct customer contact. As used in the Agreement, “direct customer contact” shall include but not be limited to, any activity by the CONTRACTOR’s employee at or near a customer’s premises. The background check conducted by CONTRACTOR shall consist of a check of at least of the following: Previous employers and dates of employment; Education; Driving record; Criminal history (state and federal); References;

Credit history. Prior to commencing any work under this Agreement, CONTRACTOR shall provide proof to the COUNTY that the requirements of this Paragraph have been met. CONTRACTOR shall make available to the COUNTY, upon request, the documentation and results of the background check with respect to any employee of CONTRACTOR performing any function under this Agreement involving any direct customer contact. CONTRACTOR shall sign the ADDENDUM at the end of the Agreement and return with the Agreement.

23. The following documents, including a copy of this checklist, must be returned to Lawrence County

Department of Planning and Community Development (LCDPCD) during the Mandatory Pre-bid meeting on Monday, March 23, 2026, at 9:30 A.M. All Bidders must be pre-qualified to Bid on this project.

___________ General Contractor Information

___________ Contractor Job Capacity

_________ Contractor Financial & Bonding Information

___________ Section IX Compliance (company letterhead)

___________ Certification Regarding Debarment SBA Form 1623

____________ MBE/WBE Section 3 Solicitation & Commitment Statement

24. The following documents, including a copy of this checklist, must be turned submitted to PennBid on the Final Submission of BID Monday, April 6, 2026, by 3:00 PM.

_____ Bidder Contractor’s License Number (if applicable) as well as his Tax Identification Number

_____ Certificate of Liability Insurance and Workmen’s Compensation (Appendix A, Article 3)

_____ Notification of Pre-Qualification Eligibility (Section III)

_____ Proposal – Bid Form (Section IV)

_____ Executed Bid Bond and/or Surety Bond (Section IV)

_____ Statement of Compliance with Davis Bacon Wage Rates and Regulations (Section IV)

_____ Affidavit Re: Accepting Provisions of the Workmen’s Compensation Act

(Section IV)

_____ Affidavit of Non-Collusion (Section IV)

_____ Non-Discrimination Affidavit of Prime Bidder (Section IV)

_____ MBE/WBE Form 16A-Certification (Section IV)

_____ MBE/WBE/Section 3 Commitment Statement (Section IV)

____ Public Works Employment Verification Form (Section IV)

_____ Tabulation Form - Subcontractors and Suppliers (Section IV)

* Include this checklist with the Bid Documents.

PROVISIONS REQUIRED BY THE DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT

These requirements must be complied with by all contractor, sub-contractors, representatives, agents and assigns of all federally funded projects.

1. Conflict of Interest: No employee, officer or agent of the grantee or sub-grantee shall participate in the selection, awards or administration of a contract supported by federal funds if a conflict of interest, whether it’s real or apparent, would be involved.

2. All Procurements: All procurements must be properly authorized and approved, avoiding purchase of unnecessary and duplicate items, analyzing lease versus purchase as alternatives, selecting the most economical approach. Grantees must obtain writer quote from three qualified vendors or a memorandum kept on file showing that fewer than three contractors exist in this particular market area within which it is practicable to obtain quotes.

3. Minority and Women Owned Business: Including qualified Minority and Women owned small business should be solicited and encouraged to bid. Request must be made to Pennsylvania Department of Community and Economic Development for a list to be solicited and time must be given for the receipt of this list and response from interested bidders. When economically feasible, dividing total requirements into smaller tasks to encourage maximum participation, and when possible, establishing delivery schedules to help encourage participation. Documentation must be kept of steps taken to ensure qualified minority and women owned businesses have been solicited. All Grantees, Contractors, and Sub-Contractors, their representatives and assigns must agree to adhere to the Equal Opportunity Clause in 41 CFR 60-1.40 et seq., the Affirmative Action Clause as prescribed in 41 CFR 60 et seq., Title VI of the Civil Rights Act of 1964 (P.L. 88-352, executive order 11246 of September 24, 1965, Executive Orders 11625 and 12138 prescribing affirmative action for Minority and Women Owned Business Enterprises, and Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S.C.1701u.

4. Selection Procedure: Must be conducted to insure an open and free competition, prohibiting in-state or local geographical preference. Bids are accepted at PennBid https:///pennbid.bonfirehub.com only. Must be pre-qualified, prior to the bid date, to ensure that all persons, firms, contractors and products used are of the quality and kind to meet the standards of quality required for this project. Bid must be for a firm, fixed price awarded to the lowest and most responsible bidder.

5. Must be pre-qualified, prior to the bid date, to ensure that all persons, firms, contractors, and products used are of the quality and kind to meet the standards of quality required for this project. Bid must be for a firm, fixed price awarded to the lowest and most responsible bidder.

6. Contractor Rating: Contractors will be evaluated and rating per an established point rating system, based on work experience and past performance and references. Please be sure to complete Section III of your Project Manual.

7. Department of Labor and Industry Requirements: All contractors and subcontractors must be approved through the department of labor and Industry. Contractors that are currently on a debarred list are prohibited from participating in the Bidding of the Rich Avenue Street Improvement, Mahoning Township.

8. The Commonwealth of Pennsylvania: The Department of Community and Economic Development, the County of Lawrence, and Mahoning Township their representatives, agents, and assigns reserve the right to access any contract related books, documents, papers or records for the purpose of monitoring and audit.

9. CONTRACTOR agrees to retain all contract related books, papers, documents and records for no less than three (3) years after the final and official close-out of the project by the Department of Community and Economic Development.

10. In the event of CONTRACTORS non-compliance with any of the provisions of this contract or related documents, this contract may be cancelled, terminated or suspended in whole or in part and CONTRACTOR may be declared ineligible for further Government contracts or Federally Assisted Construction Contracts.

11. All CONTRACTORS must comply with the HUD 4010 and submit weekly, certified payroll documents to Lawrence County utilizing the Department of Labor’s payroll form (From WH-347, see Section VIII of Project Manual), for all employees that work on this project. All employees will be subject to on-site interviews, to establish compliance with Davis Bacon Wages.

12. CONTRACTORS must submit Statement of Compliance for the Copeland Act - Anti-Kickback

Provision (see Section IX) https://pennbid.bonfirehub.com

SECTION III

PRE-QUALIFICATION CHECKLIST

ALL CONTRACTORS MUST BE PRE-QUALIFIED

TO BID ON THIS PROJECT

Pre-Qualification Documents are due at the end of the Mandatory Pre-bid meeting scheduled for 9:30 AM on MONDAY, March 23, 2026, or forwarded to the planning office by 3:00 PM.

FOR

Mahoning Township – CDBG FY2024 Rich Avenue - Street Improvement Project

Lawrence County, Pennsylvania

NOTICE TO CONTRACTORS:

The COUNTY reserves the right to waive any informality in or reject any or all bids or accept any bid, which it deems to be in its best interest.

* Include this checklist with the Pre-Qualification package.

Contractor’s Work Experience Questionnaire and Pre-Qualification Statement (Section III)

___________General Contractor Information

___________Contractor Job Capacity

_________ Contractor Financial & Bonding Information

___________ Section IX Compliance (company letterhead)

___________ Certification Regarding Debarment SBA Form 1623

____________MBE/WBE Section 3 Solicitation & Commitment Statement

*COMPLETE PRE-QUAL DOCUMENTS DUE AT PRE-BID MEETING*

CONTRACTOR WORK EXPERIENCE QUESTIONAIRE AND PRE-QUALIFICATION STATEMENT

Submitted To: Lawrence County Department Planning and Community Development

430 Court Street New Castle, PA 16101

For: __________________________________________

A. GENERAL CONTRACTOR INFORMATION

1) Official Company Name: __________________________________________________

Is this a: ( ) Corporation ( ) Partnership ( ) Sole Proprietorship

2) Your Principal Business Address (Location): ___________________________________

Mailing Address: ________________________________________________________

City: _______________________________ State: ___________ Zip: ______________

Telephone Number: __________________________ Fax: ______________________

Federal Tax ID Number: ___________________Emaill:_________________________

Name of Contact Person: _____________________ Cell Phone #: ________________

5 If this is a Corporation:

Date Incorporated: ____________________ State of Incorporation: ________________

Names of President and Other Officers of the Corporation:

Name Title

6 If this is a Partnership:

Date of Organization: ____________________ Type of Partnership: ________________

Please list the names of the Partners:

7 If this a Sole Proprietor:

Number of years in business under your current Company Name: __________ Years

3) On all submissions by the Contractor (payroll form, etc.), if a person other than the person executing the contract documents will be signing documents, state the name and position of such persons having authority to do so.

Name Position / Title

4) How many years have you been engaged in the performance of work of the type required in the bidding documents?

__________ Years

5) Does your company have a written safety policy, mission statement or other document addressing the company’s attitude and responsibility towards worker safety and the safety of the general public during construction?

_________ Yes _________ No

If yes, please attach a copy of the document. Please do not send full copies of safety manuals. An Index or Table of Contents from the manual is sufficient.

6) Does your company have a designated safety officer?

_________ Yes _________ No

If yes, please provide this individual’s qualifications, work experience, authority, job duties, percentage of time spent in fulfilling his duties as a safety officer, and whom this individual report to.

7) Provide the number of OSHA Lost Workdays and Recordable Incidents and the associated Lost Workday Rate and

Recordable Incident Rate for each year for the past two (2) years.

__________ # of Lost Workdays and Recordable Incidents

8) Please list all OSHA (or other health and safety agency) violations issued against your company for the last two (2) years. Please attach a description for each offense.

9) Please provide your Worker’s Compensation Experience Ratings

(Experience Modifier) for the past two (2) years.

Year EMR

20____ ______

20____ ______

B. CONTRACTOR’S JOB CAPACITY

1) Number of full-time employees who would be dedicated to the project described in bidding documents:

Office: ________________ Field: _______________

2) Please attach the work history, years of experience and credentials of these individuals.

3) Describe the general character of work performed by your company:

Year # Lost Workdays

Rate # Recordable Incidents

Rate

20___

20___

4) Other business(es) your company actively participates in:

5) Have you ever undertaken business activities under any other name or through an entity other than that in which this bid is submitted?

If yes, please attach a complete listing of name(s).

6) Has your organization ever defaulted on a construction contract?

If yes, please attach details.

7) Has your company ever been engaged in litigation, arbitration, mediation, or any other dispute resolution mechanism, relative to the company’s involvement in a construction contract?

If yes, please attach details.

8) Attach a complete list of available equipment that you must have to perform the work for which you are bidding and state whether all such equipment is owned by you or what arrangements have been made to obtain the use of the same.

9) Range of contract values your company is interested in bidding for:

Minimum: $______________________ Maximum: $______________________

10) Attach a List of current contracts on hand in relation to work described in bidding documents Format similar to:

START

DATE

0BACTUAL/

1BANTICIPATED

COMPLET

ION DATE

CONTRACT

AMOUNT

PROJECT

TITLE &

DESCRIPTIO

N OF WORK

PERFORMED

OWNER’S

NAME,

ADDRESS

AND PHONE

NUMBER

11) Attach a List of all projects completed within the last 12 months:

Formatted like:

Contract/Description of Work Amount Completion Date

C. CONTRACTOR FINANCIAL AND BONDING INFORMATION

1) Total value of work currently under contract:

2) Unencumbered credit amount available for the performance described in bidding documents:

3) Will you, upon request fill out detailed financial statement and furnish any other information that may be required by the Municipality and/or Lawrence County relative to the performance of this project?

4) Estimated Available Credit: $_____________________________________

Bank Name

Contract Person

Bank Address

Bank Telephone Number

5) Bonding Company Name and Address:

Company Name Agent’s Name Address

Telephone Number

6) Approximate Bonding Capacity: $______________________________

7) Bonding Capacity per Project Aggregate: $______________________________

All changes in subcontractors must first be approved by the Municipality, then by a Lawrence County designated administrator of the Community Development Block Grant for the County of Lawrence.

The bidder is presumed to have investigated and examined all of the plans, instructions, contract documents and the site, and the bid to be submitted will be made with full knowledge and understanding of the conditions and full scope of the work he is bidding on.

The Municipality, The Department of Community and Economic Development and/or Lawrence County may require further evidence of qualifications if they deem necessary.

The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Municipality and/or its Administrators in verification of the recitals comprising this statement of Bidder’s Qualifications.

Dated at ________________________this __________ day of __________________, 20____.

Bidder: _________________________________________

By: ____________________________________________

Title: ___________________________________________

State of: ________________________________________

County of: _______________________________________

I, _________________________________________ being duly sworn, depose and say that he or she is __________________________ of ________________________, Name/ title of Authorized Signer Company Name

And that the answers to the foregoing questions and all statements therein contained are true and correct.

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

Notary Public

My Commission Expires _________________________________, 20____.

D. SECTION IX COMPLIANCE LETTER

(Compliance Letter on Company Letterhead)

The purpose of this letter is to formalize our intentions to comply with all facets of Section IX included in this project’s bid documents. This includes complying with all applicable parts of the Davis-Bacon and related Acts. We pledge to pay all employees working on this project at least the prevailing wages as described for their classification of work outlined in the Section IX General Decision Number PA PA20260002 01/30/2026, as part of the bid documents. Our firm is fully aware of the protocols and processes involved in complying, such as but not limited to weekly certified payrolls and the accompanying form WH-347. This document includes a signed Statement of Compliance with each and every payroll submission.

Signature (Owner/President) Date

E. CERTIFICATION REGARDING

DEBARMENT

F. MBE/WBE SECTION 3 SOLICITATION & COMMITMENT STATEMENT

Lawrence County is committed to promoting full participation by low- and very low-income persons, as well as business concerns that provide economic opportunities to them, in its Community Development Block Grant (CDBG) and HOME Programs.

The County has developed a Section 3 Action Plan outlining the goals, objectives, and actions required to ensure full compliance with Section 3. The plan will continue to be refined with input from municipal departments, the Pennsylvania Department of Community and Economic Development (DCED), and— when appropriate—other agencies and companies. This collaborative approach ensures that the plan remains comprehensive, effective, and aligned with community needs.

SECTION IV

BIDDING DOCUMENTS

PROPOSAL

Amy McKinney, Director Lawrence County Department of Planning and Community Development 430 Court Street New Castle, PA 16101

To Whom It May Concern:

In accordance with the Invitation to Bid of The County of Lawrence and Lawrence County Department of Planning and Community Development (LCDPCD) inviting Proposals for:

Project Description: Mahoning Township – CDBG FY 2024- Rich Avenue Street Improvement Project, Lawrence County, PA.

I (or we) acknowledge:

1. I (or we) have received from the Lawrence County Department of Planning and Community Development

(LCDPCD), the Bidding Documents, Project Manual and Drawings for this Project.

2. I (or we) have carefully examined and considered both the Bidding Documents and the Project Site and submit my (or our) Proposal accordingly and as set forth in the attached Bidding Schedule.

3. I understand that if I have chosen to utilize an alternative material it must be reviewed by the engineer for approval prior to my extending a bid.

4. This proposal is valid, will remain in force, and may be held by the Lawrence County for a period of ninety

(90) days after the date set for the opening thereof unless the LCDPCD, Inc. formal award is delayed by a required approval of another government agency, the sale of bonds or the award of a grant or grants, in which case the Lawrence County may hold the proposal one hundred and twenty (120) days after the date set for the Opening of Bids.

5. I (or we) have attached the following documents to my (or our) Proposal, which documents are a condition of this Proposal:

(a) BID BOND AND/OR SURETY BOND: CERTIFIED CHECK OR BIDDER'S BOND TO THE

ORDER OF /OR RUNNING TO THE COUNTY OF LAWRENCE IN THE AMOUNT OF

$____________ WHICH AMOUNT IS NOT LESS THAN 10% OF THE TOTAL BID.

(b) Notification of Pre-Qualification Eligibility.

In submitting this Proposal, I (or we) agree:

1. If awarded the Contract, to complete the entire work specified under the Contract by the date specified in the contract.

2. To execute the Agreement and furnish the necessary bonds, to start the Work when notified in writing to do so and to complete the same at the prices and within the time stipulated in the contract.

3. To perform any additional work not provided for on the Bidding Form or in the Specifications and

Drawings, but which may be required by the Community Development Coordinator during construction.

4. The Undersigned further agrees that if it is necessary to make changes in the work including both materials and installation by adding or omitting, the cost of such changes shall be computed in Unit Prices and these prices shall include overhead and profit.

5. This Bidder also acknowledges receipt of the following addenda number ____ and Date____.

SUBMITTED this day of , 20____

Firm Name Contact Person Signature

BUSINESS ADDRESS

PHONE NO. FAX NO.

DO NOT FAIL TO SIGN AND COMPLETE THE FOLLOWING SIGNATURE AND COMPANY PAGES.

FAILURE TO DO SO WILL INVALIDATE THE PROPOSAL. COMPLETE THE FOLLOWING PAGE(S)

SIGNATURES

When Bidder is an Individual ______________________________________________

When Bidder is a Partnership _______________________________________________

BIDDERS NAME

Signed By _______________________________

When Bidder is a Corporation* _____________________________________________

BIDDERS NAME

ATTEST

Corporate Secretary Authorized Officer of the Corporation (Corporate Seal)

*The corporation is organized and existing under the laws of ______________________ and has (has not) been registered to carry on business in Pennsylvania.

For the purpose of making it clear in what capacity the above is bidding, the Bidder certifies that I (or We) come (or comes) under clause (____) as listed below:

(A) Individual, under the name indicated here:

(B) A Partnership composed of the following persons:

(C) A Corporation organized and existing under the laws of Pennsylvania, with its Principal Offices in:

The full names and residences of all persons and parties in the foregoing are as follows:

NOTICE: In case of a Corporation, give name and title of all corporate officers authorized to sign Contract Documents.

NAME

ADDRESS

GENERAL INSTRUCTIONS FOR BID BONDS

1. The “Bid Bond” form shall be used for the protection of the COUNTY in receiving bids. There shall be no deviation from this form without prior consent.

2. The surety on each bond must be a responsible surety company, which is qualified to do business in

Pennsylvania and satisfactory to the COUNTY.

3. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals.

4. It the principals are partners, their individual names will appear in the appropriate place, attesting the signature of each individual party to the bond.

5. IF the principal or surety is a corporation, the name of the state in which incorporated shall be inserted in the appropriate place in the body of the bond and said instrument shall be executed and attested under the corporate seal, as indicated in the form. If the corporation has no corporate seal, the fact shall be stated, in which case of scroll or adhesive seal shall appear following the corporate name.

6. The official character and authority of the person or persons executing the bond for the principal, it a corporation, shall be certified by the secretary or assistant secretary, according to the form attached hereto. In lieu of such certificate, there may be attached to the bond, copies of so much of the records of the corporation as will show the official character and authority of the officer singing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies.

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that, _________________having an office at____________________________________, as Principal, and _____________________, having an office located at _____________________________________________________ as Surety, both of whom are duly qualified and authorized to transact their respective businesses in the Commonwealth of Pennsylvania are held and firmly bound unto the County of Lawrence and Mahoning Township having offices at 430 Court Street, New Castle, PA 16101, 4538 West State Street, Hillsville, PA 16132, respectively, as “Obligee”, in the amount of _________________________________________________ ($_______________________) Dollars (to be no less than 10% of the total bid price) lawful money of the United States of America, for the payment of which sum well and truly to be made, Principal and Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, in response to Obligee’s request for bids, the Principal has submitted a written bid relating to the project known as the Mahoning Township – CDBG FY 2024- Rich Avenue Street Improvement Project (a copy of which Bid dated ____________________, 20___, is attached hereto and incorporated herein) and the Principal is required to furnish a bond and surety in the amount set forth above.

NOW, THEREFORE, THE CONDITION OF THIS BOND AND OBLIGATION is that if the Principal’s bid is accepted and the Principal is awarded a contract for any part of the Project; and if Principal enters into a written Contract for the performance of the Project or so much as may be awarded to the Principal, and upon such execution also executes and delivers to Obligee good and sufficient surety as is required or contemplated by the Contract and related documents including performance, labor, material and maintenance bonds, and furnishes the Obligee proper and acceptable evidence of the existence of the required or contemplated insurance coverages, within the time, in the forms and in the amounts as required or contemplated by the Contract and related documents, then this Bond shall be void; otherwise, the bond shall be and shall remain in full force and effect.

The Principal and the Surety hereby stipulate and agree that if the principal fails to perform all conditions of this Bond, they will pay the sum of the Bond to the Obligee as fixed, liquidated damages.

The Surety, for value received, hereby stipulates, covenants and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of time within which the Obligee may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Contractor and Surety, intending to be legally bound hereby, and the undersigned pursuant to authority granted by their governing body have full authority to sign and bind themselves and their respective principals hereto, have signed and sealed this agreement, this _____________ day of _________________________, 20____.

WITNESS/ATTEST

Name of Bidder, Corporation, Firm or Individual

By _____________________________(SEAL) (Title)

Business Address of Bidder

WITNESS/ATTEST:

Name of Surety

By: ______________________________(SEAL)

Title

STATEMENT OF COMPLIANCE WITH DAVIS-BACON WAGE RATES AND REGULATIONS

I, ____________________________ of _____________________________________ Printed Name of Authorized Signer Company Name

Fully understand and agree that all employees, contractors, sub-contractors and assigns that performs work duties associated with the Mahoning Township – CDBG FY 2024- Rich Avenue Street Improvement Project must be paid Davis-Bacon wages as is compliant with the Prevailing Wage Act of 1961 P.L. 987, No. 442.

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