CONTRACT DOCUMENTS

FOR

NORTH YORK BOROUGH

STORM SEWER INSTALLATION &

CURB AND SIDEWALK IMPROVEMENTS

YORK COUNTY CDBG PROJECT #45582755

YORK COUNTY CDBG PROEJCT #45582756

JRH PROJECT # 231013

February 2026

PREPARED BY

JAMES R. HOLLEY & ASSOCIATES, INC.

ENGINEERS - PLANNERS - SURVEYORS

18 SOUTH GEORGE STREET

YORK, PA 17401

(717)846-4373

Minority and Women-Owned Business Listing 2025 Revised: April 2025

*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)

Reed Building Systems* Julie Reeb 1152 Mae St #138 Hummelstown PA 17036 Phone: (717) 689-3712 Email: julie@reebbuildingsystems.com (Construction) https://www.reebbuildingsystems.com/

OC Next Generation, Inc.* Capriel Phinney 7536 Stephen Dr Harrisburg PA 17111 Phone: (717) 601-1544 Email: caprielocng@gmail.com (Highway Construction Traffic Control) ocnextgeneration.com

WY Electric, LLC* Crystal Shank 555 Basehoar School Rd Littlestown PA 17340 Phone: (717) 420-7717 Email: cshank@wyelectricllc.com (Woman Owned Electrical and General Contractors) www.wyelectricllc.com

Ford Electrical Hezekiah Ford 47 N West Street York PA 17401 Email: hezikiahford943@gmail.com Phone: (717) 854-2778 Fax: (717) 843-3914

(717) 324-1055 (Remodeling and Electrical contractor) general construction siding & doors, bricks) https://fordelectricalservicesinc.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 sub-contracting labor and supplies - confirm MBE/WBE status prior to sub-contract (see last page for Sec # explanation) mailto:growhealthycorp@gmail.com mailto:julie@reebbuildingsystems.com https://www.reebbuildingsystems.com/ mailto:caprielocng@gmail.com https://ocnextgeneration.com/ mailto:cshank@wyelectricllc.com https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.wyelectricllc.com&c=E,1,7dR-kCuqiXUqsS_O7VJGHfcMBBgnpbAtkzHcEUOvwzRCNfXDl1620Ci_nZKalJ2_f6mf2eEV1OIUKLOaEJ7X0IB-yenGe8rK_kqYjARcn-bPSw,,&typo=1 mailto:hezikiahford943@gmail.com

Electrical/Mechanical

Hezekiah Ford 47 N West Street York PA 17401 Email: hezikiahford943@gmail.com Phone: (717) 324-1055 Fax: (717) 843-3914

(717) 324-1055 (Remodeling and Electrical contractor) general

WY Electric, LLC* Crystal Shank 555 Basehoar School Rd Littlestown PA 17340 Phone: (717) 420-7717 Email: cshank@wyelectricllc.com (Woman Owned Electrical and General Contractors) www.wyelectricllc.com

Flooring Trucking

Carpet for Pennies LLC Marvin Jackson

3422 Retlaw Rd

Gwynn Oak MD 21207

Phone (410) 977-8568

Email: cfpgroup1@gmail.com

(Ceramic Flooring Contractor) https://cfpgroup.co/about-us/

Mussie Tilahun Trucking Mussie Tilahun

1741 Roberts Valley Rd

Harrisburg PA 17110

Phone (717) 648-5292

Email: mussie5@comcast.net

(Trucking/Transportation) mailto:hezikiahford943@gmail.com mailto:cshank@wyelectricllc.com https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.wyelectricllc.com&c=E,1,7dR-kCuqiXUqsS_O7VJGHfcMBBgnpbAtkzHcEUOvwzRCNfXDl1620Ci_nZKalJ2_f6mf2eEV1OIUKLOaEJ7X0IB-yenGe8rK_kqYjARcn-bPSw,,&typo=1 mailto:cfpgroup1@gmail.com mailto:mussie5@comcast.net

Engineers, Architects – Consultants, Planners

Dawood Engineering James Rodgers 1926 Good Hope Rd Suite 400 Enola PA 17025 Phone (717) 732-8576 Email: james.rodgers@dwood.net (Engineering & Financial Management Counseling) dawood.net

Drive Engineering Corp.

Mario Toscano 1936 West Point Poke Lansdale PA 19446 Phone: (215) 367-5535 Email: mario@driveengineering.com (Transportation Civil Engineering Consultant) https://www.driveengineering.com/

Paving/Sealcoating Daniel B. Krieg Inc* Chelsea Herrick 3331 Gulton Road York PA 17404 Phone: (717) 792-0284 Email: chelsea@dbkrieginc.com (Pavement Maintenance Services, Asphalt Sealers and Retail Seller of Pipe, Geotextiles, Traffic Signs and Traffic Safety Products)

Commercial Sealcoating Contractor - DB Krieg

Plumbing/HVAC Henicle’s Plumbing* Ashley Hospelhorn 116 W 3rd St Waynesboro PA 17268 Phone (717) 762-4348 Fax (717) 762-8633 Email: ashley@henicles.plumbing

(Plumbing) mailto:james.rodgers@dwood.net https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdawood.net&c=E,1,E5hL2Td3YBbW39sR201QwQHRiroyEKDa-a-ZZy3rzg4aJBt-QbvrMM0pVc4bqZObNsufTQujl2cU_0dao8M0wEsgzUvbd37pmjZZyLwH5Hk-KFLQiAVZn6JM&typo=1&ancr_add=1 mailto:mario@driveengineering.com https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.driveengineering.com%2f&c=E,1,7S7dICg4kIIBorjVE715DhjSmPlOzVJtFx1I6HY_FXQxBJpHYImi_NaN7RlWdLL10x1EyPsV6QEQgfuMdls17pmO0gNzClAMj7fETK0W0_sTgg,,&typo=1 mailto:chelsea@dbkrieginc.com https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdbkrieginc.com%2f&c=E,1,aWKnsc-rrZ-Skx2xufOgk6S1G37rn1evA5Vu9lWjCr1yOfvIN7FFVDV-UcP7oatZTo7oPRlMyQu7KTXXyUj_ziceu1PJ0LIx9QmOzk2S1gfsOWruPI7Sl-0ohps,&typo=1 mailto:ashley@henicles.plumbing

Miscellaneous

Black Consulting Services, Inc (BlackCSI)* Ruthann Black

129 W Harrisburg St

Dillsburg PA 17019

Phone (717) 620-3042

Email: rblack@blackcsi.com

(Managed Technology Service Provider) https://www.blackcsi.com

Your Kingdom Workforce Services* Tannisha Fuentes 301 W Market St York PA 17401 Phone: (717) 683-6275 Email: tfuentes@yourkingdomworkforce.com

(Staffing Services: Interpretation, translation, workplace conversational Spanish and Haitian

Creole. Workforce counseling)

Yorktowne Business Forms, Inc* Cindy David

3882 Druck Valley Rd

York PA 17406

Phone: (717) 845-5955

Email: sales@yorktownebusinessforms.com

(Distributor of Business Forms, Labels, Tags, Envelopes etc. All forms of business printing needs.

www.yorktownebusinessforms.com mailto:rblack@blackcsi.com https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.blackcsi.com&c=E,1,K4aOIlbT6RhTU6CuAQe152Ib294T2SWtDneBRD0k0lDPFYWIGj5AJlFHTvl9vDoPunkvOpXI7wuPhNJJbSagLy0p7zkt7XlDBCFigHdNPuzqUA,,&typo=1&ancr_add=1 mailto:tfuentes@yourkingdomworkforce.com mailto:sales@yorktownebusinessforms.com https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.yorktownebusinessforms.com&c=E,1,uWBRnByrZjGBklth_AQIS67gInsryW7poRkkjKHVnu8LZwFWmajXT3Zs3MTYkodL-8AdMx3APuWhDRTWWClCD4c7rMlLtmT61Na7strBYA,,&typo=1

SECTION 3 BUSINESS CONCERNS

Carpet for Pennies LLC Marvin Jackson

3422 Retlaw Rd

Gwynn Oak MD 21207

Phone (410) 977-8568

Email: cfpgroup1@gmail.com

(Ceramic Flooring Contractor)

Your Kingdom Workforce Services* Tannisha Fuentes 301 W Market St York PA 17401 Phone: (717) 683-6275 Email: tfuentes@yourkingdomworkforce.com

(Staffing Services: Interpretation, translation, workplace conversational Spanish and Haitian

Creole. Workforce counseling)

Hezekiah Ford 47 N West Street York PA 17401 Email: hezikiahford943@gmail.com Phone: (717) 854-2778 Fax: (717) 843-3914

(717) 324-1055 (Remodeling and Electrical contractor) general

OC Next Generation, Inc.* Capriel Phinney 7536 Stephen Dr Harrisburg PA 17111 Phone: (717) 601-1544 Email: caprielocng@gmail.com (Highway Construction Traffic Control) ocnextgeneration.com

Please note: Section 3 Compliance was amended November 30, 2020 per 24 CFR 75. It replaced the interim Section 3 rule that had been in place since 1994.

The purpose of Section 3 of is to ensure that when HUD funds are used to assist housing and community development projects “to the greatest extent feasible,” preference for some of the jobs and other economic opportunities created go to low-income people, “particularly those who are recipients of government assistance for housing.” Another Section 3 obligation is to support businesses owned or controlled by low-income people or businesses that hire them. Public housing agencies (PHAs) and jurisdictions using Community Development Block Grant (CDBG), HOME Investment Partnerships program, and other HUD funds must comply with Section 3 and ensure that contractors and subcontractors comply.

Businesses may seek Section 3 Business Concern preference by demonstrating that it meets one or more of the following criteria:

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

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.

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 sub-contracting labor and supplies -confirm MBE/WBE status prior to sub-contract (see last page for Sec # explanation) mailto:cfpgroup1@gmail.com https://cfpgroup.co/about-us/ mailto:tfuentes@yourkingdomworkforce.com mailto:hezikiahford943@gmail.com https://fordelectricalservicesinc.com/ mailto:caprielocng@gmail.com https://ocnextgeneration.com/

INDEX

TITLE SECTION NO.

PREBID NOTICE

INVITATION TO BID 1

INSTRUCTIONS TO BIDDERS 2

BID FORM 3

REQUIREMENTS OF BIDDERS

SECTION 3 CERTIFICATION FORMS

CONTRACT FORMS 4

PERFORMANCE BOND

PAYMENT BOND

CERTIFICATE OF INSURANCE

CONTRACTORS RELEASE

CONTRACTORS AFFADAVIT

STATEMENT OF SURETY COMPANY

PUBLIC WORKS VERIFICATION FORM

AGREEMENT

CONTRACTOR AND SUBCONTRACTOR FORMS

GENERAL CONDITIONS 5

SUPPLEMENTARY CONDITIONS 6

TECHNICAL SPECIFICATIONS 7

HUD REQUIREMENTS, PROJECT SIGN, AND WAGE RATES 8

INVITATION TO BID

SECTION NO. 1

INVITATION TO BID

Sealed proposals for the North York Borough – Storm Sewer Installation & Curb and Sidewalk Improvements Project will be received online via the PennBid Program (http://pennbid.bonfirehub.com) by North York Borough, York County, PA, until 10:00 A.M.

(prevailing time) on Monday, March 9, 2026 at which proposals will be opened and a summary of bids received will be displayed publicly on PennBid after bid opening.

North York Borough Council hereby authorizes James R. Holley & Associates, Inc. to act on their behalf by opening bids. Bids will be considered and contracts awarded at a regularly scheduled meeting of Borough Council based on the recommendations of the Engineer.

Work shall consist of, but not be limited to installing storm sewer inlet tops and boxes and manholes, storm sewer piping, replacing concrete curbing and sidewalks, ADA ramps, and a driveway apron.

Copies of the Bidding Documents and Plans are available online at no cost at (http://pennbid.bonfirehub.com) PennBid Program.

A bid bond or certified check made payable to North York Borough in the amount of five percent (5%) of the bid amount must accompany the sealed bid. The successful bidder will be required to furnish a performance bond and payment bond each in the amount of one hundred percent (100%) of the contract price. Each bidder shall be prepared to submit evidence of his qualifications to perform the work.

The Borough reserves the right, which is agreed and understood by all bidders, to accept or reject any or all bids. No bid may be withdrawn by the bidder for 60 days after opening of bid proposals.

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 provisions of:

• 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;

• Provision of Section 3 of the Housing Act of 1968; as amended by 24 CFR 75.

• The President’s Executive Order 11246 or any other order which prohibits discrimination in employment.

Bidders should refer to Federal and State statutes, rules and regulations dealing with the prevention of environmental pollution and the preservation of public and natural resources pursuant to PA Act No. 1972-247 and as amended.

North York Borough

Roxanne Schroeder

Secretary/Treasurer http://pennbid.bonfirehub.com/ http://pennbid.bonfirehub.com/

INSTRUCTIONS TO BIDDERS

SECTION NO. 2

INSTRUCTIONS TO BIDDERS 1

1. DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No.

1910-8) (1990 Edition) have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1. Bidder - one who submits a Bid directly to

Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

1.2. Issuing Office - the office from which the Bidding

Documents are to be issued and where the bidding procedures are to be administered.

1.3. Successful Bidder - the lowest, responsible and

responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

2. COPIES OF BIDDING DOCUMENTS

2.1. Complete sets of the Bidding Documents are

available at no cost on PennBid (http://pennbid.bonfirehub.com).

2.2. Complete sets of Bidding Documents must 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.

2.3. Owner and Engineer in making copies of

Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after Bid opening upon Owner's request detailed written evidence such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence 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.

4. EXAMINATION OF CONTRACT DOCUMENTS

AND SITE

4.1. It is the responsibility of each Bidder before

submitting a Bid:

4.1.1. To examine thoroughly the Contract Documents

and other related data identified in the Bidding Documents (including “technical data” referred to below);

4.1.2. To visit the site to become familiar with and

satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

4.1.3. To consider federal, state and local Laws and

Regulations that may affect cost, progress, performance or furnishing of the Work;

4.1.4. To study and carefully correlate Bidder's

knowledge and observations with the Contract Documents and such other related data; and

4.1.5. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents.

4.2. Reference is made to the Supplementary

Conditions for identification of:

4.2.1. Those reports of explorations and tests of

subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data” contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, or upon the completeness thereof for the purposes of bidding or construction.

4.2.2. Those drawings of physical conditions in or

relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, or upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained

INSTRUCTIONS TO BIDDERS 2

therein upon which Bidder is entitled to reply as provided in Paragraph 4.2 of the General Conditions has been identified and established in Paragraph SC-4.2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information.

4.3. Information and data shown or indicated in the

Contract 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 or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.4. Provisions concerning responsibilities for the

adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.

4.5. Before submitting a Bid each Bidder will be

responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning 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 or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or 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, Owner will provide each Bidder

access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies.

4.7. Reference is made to the Supplementary

Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and 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 work.

4.8. The submission of a Bid will constitute an

incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.9. The provisions of I-4.1 through 4.8, inclusive, do

not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radio-active Material covered by Paragraph 4.5 of the General Conditions.

5. AVAILABILITY OF LANDS FOR WORK, ETC.

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, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

6. INTERPRETATIONS AND ADDENDA

6.1. All questions about the meaning or intent of the

Bidding Documents are to be directed via the “Messages” section in PennBid. 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 seven days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda

INSTRUCTIONS TO BIDDERS 3

will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2. Addenda may also be issued to modify the

Bidding Documents as deemed advisable by Owner or Engineer.

7. BID SECURITY

7.1 Each Bid must be accompanied by Bid security

made payable to Owner in an amount of five percent of Bidder’s maximum Bid price in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions.

7.2 The Bid security of Successful Bidder will be

retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, where upon 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 days after 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 other Bidders 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 on the thirty-sixth day after the Bid opening, where upon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after Bid opening.

8. CONTRACT TIMES

The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement.

9. LIQUIDATED DAMAGES

Deleted.

10. SUBSTITUTE AND "OR-EQUAL" ITEMS

The Contract, if awarded, will be on the basis of materials 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 Paragraphs 6.7.1., 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the General Requirements.

11. SUBCONTRACTORS, SUPPLIERS AND

OTHERS

11.1. If the Supplementary Conditions 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 Owner in advance of a specified date prior to the Effective Date of the Agreement, apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening submit to Owner 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 information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. An Owner or Engineer who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.

If apparent Successful Bidder declines to make any such substitution, Owner 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 Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.8.2 of the General Conditions

11.2. In contracts where the Contract Price is on the

basis of Cost-of-the-Work Plus a Fee, 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

INSTRUCTIONS TO BIDDERS 4

subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent.

12. BID FORM

12.1. The Bid Form is included with the Bidding

Documents for reference; Bidders shall complete the electronic bid forms in PennBid, inclusive of all required supporting documents as identified.

12.2. All blanks on the Bid Form must be completed

by printing in black ink or by typewriter.

12.3. 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 sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4. Bids by partnerships must be executed in the

partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5. Bids by partnerships must be executed in the

partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.6. All names must be typed or printed in black ink

below the signature.

12.7. The Bid shall contain an acknowledgment of

receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.8. The address, telephone and fax numbers for

communications regarding the Bid must be shown.

12.9. Evidence of authority to conduct business as an

out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown.

13. SUBMISSION OF BIDS

Bids shall be submitted online via PennBid (http://pennbid.bonfirehub.com) by the time indicated in the Advertisement of Invitation to Bid and accompanied by the Bid security and other required documents.

14. MODIFICATION AND WITHDRAWAL OF BIDS

14.1. Bids may be withdrawn and/or modified online at

http://pennbid.bonfirehub.com within PennBid and re-submitted at any time prior to the due date and time listed in the Invitation to Bid.

14.2. If, within twenty-four hours after Bids are

opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

15. OPENING OF BIDS

A summary of bids received will be displayed on PennBid immediately after bid opening, the time of which is listed in the Invitation to Bid. It should be noted that bid results are subject to further review and should not be construed as issuance of an award.

16. BIDS TO REMAIN SUBJECT TO

ACCEPTANCE

All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. AWARD OF CONTRACT

17.1. Owner reserves the right to reject any or all bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether it is 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 Owner. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the 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. Discrepancies between words and figures will be resolved in favor of the words.

INSTRUCTIONS TO BIDDERS 5

17.2. In evaluating Bids, owner will consider the

qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, Alternate Bid items, as may be requested in the Bid Form or prior to the Notice of Award. If a proposed “Alternate Bid” qualification package is accepted as “or equal” by the Engineer, the “Alternate Bid” item listed on the Bid Proposal shall be furnished for the amount stated and the Total Bid price shall be adjusted accordingly.

The award of the contract will be based upon the adjusted price.

17.3. Owner 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 Supplementary Conditions.

Owner 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.

17.4. Owner may conduct such investigations as

Owner 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 Owner's satisfaction within the prescribed time.

17.5. If the contract is to be awarded, it will be

awarded to lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

17.6. If the contract is to be awarded, Owner will give

Successful Bidder a Notice of Award within sixty days after the day of the Bid Opening.

18. CONTRACT SECURITY

Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds.

19. SIGNING OF AGREEMENT

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days there-after Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

20. BID FORM

The Bid Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Requested Information” section), inclusive of all required supporting documents.

20.1 All bidders must download at no cost the

Contract Documents from http://pennbid.bonfirehub.com.

BID PROPOSAL FORM

SECTION 3 CERTIFICATION FORMS

SECTION NO. 3

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Installation of ADA Curb Ramps as shown on the Details, Complete in Place

EA 2

NORTH YORK BOROUGH

Installation of 2' x 4' Catch Basin w/ Frame and Grate Inlet Top, Complete in Place

UNIT PRICE TOTAL PRICE

UNIT

DESCRIPTION

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BIDS DUE - March 9, 2026 @ 10:00AM @ JRH Office via PennBid

UNIT

BID PROPOSAL

To North York Borough: The following is submitted per your Invitation to Bid for the Storm Sewer & Curb and Sidewalk Project.

ITEM

NO.

Installation of Storm Sewer Manhole(s), Complete in Place

EA

Installation of 2' x 4' Catch Basin w/ Type 'C' Inlet Top of 6" Curb Height, Complete in Place

EA 3

Installation of 18" Diameter RCP Storm Sewer Pipe & Trench Restoration, Complete in Place

LF

JAMES R HOLLEY & ASSOC., INC.

18 S GEORGE ST.

YORK, PA 17401

ESTIMATED

QUANTITY

Storm Sewer Installation Curb & Sidewalk Improvements

CDBG Project #45582755 & #45582756

BID PROPOSAL - North York Borough Storm Sewer & Curb and Sidewalk Project -- continued

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Installation of 18" Vertical and Depressed Concrete Curbing, Complete in Place

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TOTAL ITEMS #1 thru #10 $ (figures)

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Installation of 4" Thick Concrete Sidewalks, Complete in Place

SY 45

Installation of 6" Thick Concrete Sidewalks, Complete in Place

SY 45

PADOT and Borough Streets Mill and Overlay, 2" Depth of 12.5mm Wearing Course, Complete in Place

TONS 60

Pothole Testing for Utility Depths per HOP Plan, Complete in Place

EA 8

Receipt acknowledgment: Addendum # _______thru #__________

City State Zip Code

By

Attest_______________________________ Seal of Corporation

The above Contractor is a Corporation organized under the laws of the Commonwealth/State of _______________________________.

Title

The undersigned hereby agrees to execute a contract, furnish the required bonds, and has available adequate equipment and finances to perform the work as bid.

The undersigned hereby certifies that this proposal is genuine and not a sham or collusion, or made in the interest of any person, firm or corporation not herein named, that he has not directly or indirectly induced or solicited any other bidder to submit a sham bid, or any other person, firm or corporation to refrain from bidding, and that he has not in any manner sought by collusion to secure for himself an advantage over any bidder.

Contractor/Corporation

Address

Phone / Fax

Signature

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.

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.

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

SECTION 3 CLAUSE ALL BIDDERS MUST READ AND SIGN ACKNOWLEDGING THEY HAVE READ THE CLAUSE Please answer the following questions:

Does Section 3 apply to you?

1)

2) Does your project have $200,000 or more of HUD sourced funding (federal), i.e. CDBG, HOME, NSP, etc?

, Section 3 applies to your Project, proceed with Section 3 plan.

SECTION 3 CLAUSE (A to G) “The Section3Contract Clausespecifiestherequirementsforcontractors hiredforSection3 covered contracts for construction. It must be included in all Section 3 contracts for construction with CDBG, HOME, ESG funds.

All Section 3 Covered Contracts shall include the following clause (A-G, below), referred to as the Section 3 clause:

A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD Assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD Assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.