5-Part I.pdf

BOROUGH OF STROUDSBURG

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

2023 CDBG – KRAEMER AVENUE – MILLING AND PAVING PROJECT

BOROUGH OF STROUDSBURG, MONROE COUNTY, PA

PROJECT NO.: 3543-24-11 DATE: FEBRUARY 16, 2026

PREPARED FOR: BOROUGH OF STROUDSBURG

700 Sarah Street

Stroudsburg, PA 18360

PREPARED BY: PETERS CONSULTANTS, INC.

Consulting Engineers and Surveyors

2701 Columbia Boulevard

Bloomsburg, PA 17815

31 North 7th Street

Stroudsburg, PA 18360

PHONE: (570) 752-4433

FAX: (570) 752-4434

Website: www.petersconsultants.com http://www.petersconsultants.com/

SPECIFICATIONS

TABLE OF CONTENTS

PART I - BIDDING AND AGREEMENT FORMS AND BONDS

Notice Inviting Bids

Instructions to Bidders

Bid Forms

Bid Proposal

Statement of Bidders Qualifications

Bid Form

Quantities of Work

List of Subcontractors

Prime Contractor Subcontractor Listing

Bidder's General Information

Non-Collusion Affidavit

Certification of Non-Segregated Facilities and Non-Employment of Illegal Alien

Labor

Public Works Employment Verification Form

Certification of Bidder Regarding

Equal Employment Opportunities

Minority and Women’s Business Enterprise Bidder Instructions & Vendors List

MBE/WBE Contract Solicitation and Commitment Statement

Minority and Women Business Enterprise Bidder Certification

Prime Contractor Minority and Women’s Business Enterprise Utilization Report

Subcontractor Minority and Women’s Business Enterprise Utilization Report

Minority and Women’s Business Certification

Bid Bond (Bid Security Form)

Nondiscrimination/Sexual Harassment Clause

Disclosure of Lobbying Activities

00006-021626

GENERAL CONTENTS

TABLE OF CONTENTS (Continued)

Agreement and Bonds

Agreement Form

Worker's Compensation Certificate

Performance Bond

Payment Bond

Contract Administration Forms

Notice of Award

Notice to Proceed

Non-Compliance Notice

Stop Work Notice/Resume Work Notice

Contractor’s Downtime Form

Extra Work Confirmation

Change Order

Work Directive Change

Field Order

Notice of Substantial Completion

Notice of Final Completion

Consent of Surety - Request for Adjustment of Retainage

Consent of Surety for Final Payment

Unconditional Waiver - Progress Payment & Release

Unconditional Waiver - Final Payment & Release

Application and Certification for Payment

PART II - CONDITIONS OF THE CONTRACT

General Conditions of the Contract

PART III - TECHNICAL SPECIFICATIONS

Mobilization and Close-Out

Maintenance and Protection of Traffic During Construction

Dust Control

Unforeseen Project Water Pollution Control (Soil Erosion)

Submittals

Special Requirements

Color Audio - Video - Electrography

Temporary Facilities and Controls

Roadway Construction

PA One Call

Milling

Delivery, Storage and Handling

TABLE OF CONTENTS (Continued)

PART IV - APPENDICES

APPENDIX A - Owner/Agency Standard Documents

APPENDIX B - Rules and Regulations

APPENDIX C - Davis Bacon Wage Rates

APPENDIX D - HUD – 4010 Federal Labor Standard Provisions

APPENDIX E - State Requirements

APPENDIX F - MBE/WBE

APPENDIX H - W-9 Form

APPENDIX I - Project Sign

PART V - SUPPLEMENTAL GENERAL CONDITIONS

ARTICLE

NUMBER TITLE PAGE

0 General 1

1 Supplementary Definitions 1

2 Preliminary Matters 1

3 Contract Documents: Intent, Amending, Reuse 2

5 Bonds and Insurance 2

6 The Contractor’s Responsibilities 5

8 The Owner’s Responsibilities 13

11 Change of Contract Price 14

12 Change of Contract Time 14

14 Payments to the Contractor and Completion 14

16 Contractor’s Downtime 16

SPECIFICATIONS

ARTICLE NO. * ARTICLE PAGE

00030 Notice Inviting Bids 1-4

00100 Instructions to Bidders 1-10

Bid Forms

00300 Bid (Proposal) 1-2

00301 Statement of Bidders Qualifications 3-4

00302 Bid Form 5

00302A Quantities of Work 6

00420 List of Subcontractors 7

00425 Prime Contractor Subcontractor Listing 8

00430 Bidder’s General Information 9-10

00460 Non-Collusion Affidavit 11

00470 Certification of Non-Segregated Facilities 12

And Non-Employment of Illegal Alien Labor

00470A Public Works Employment Verification Form 13

00470B Certification of Bidder Regarding Equal 14

Employment Opportunity

00470C Minority and Women’s Business Enterprise 15

Bidder Instructions

00470D MBE/WBE Contract Solicitation and 16

Commitment Statement

00470E Minority and Women’s Business Enterprise 17

Bidder Certification

00470F Prime Contractor Minority & Women’s Business 18

Enterprise Utilization Report

00470G Subcontractor Minority & Women’s Business 19

Enterprise Utilization Report

00470H Minority and Women’s Business Certification 20

00480 Bid Bond (Bid Security Form) 21

00495 Nondiscrimination/Sexual Harassment Clause 22

00498 Disclosure of Lobbying Activities 23

00012-021626

PART I - CONTENTS

(CONTINUED)

ARTICLE NO. * ARTICLE PAGE

Agreement and Bonds

00500 Agreement Form 1-3

00600 Worker’s Compensation Certificate 4

00610 Performance Bond 5

00620 Payment Bond 6

Contract Administration Forms

00670 Notice of Award 1-2

00672 Notice to Proceed 3

00673 Non-Compliance Notice 4

00673A Stop Work Notice/Resume Work Notice 5

00673B Contractor’s Downtime Form 6

00673C Extra Work Confirmation 7

00674 Change Order 8-9

00676 Work Directive Change 10-11

00677 Field Order 12

00680 Notice of Substantial Completion 13-14

00681 Notice of Final Completion 15-16

00690 Consent of Surety 17

Request for Adjustment of Retainage

00692 Consent of Surety 18

For Final Payment

00695 Unconditional Waiver 19

Progress Payment and Release

00696 Unconditional Waiver 20

Final Payment and Release

00677 Application and Certification for Payment 21-22

*Refer to lower left corner of page for Article Number reference

00012-021626

PART I - CONTENTS

NOTICE INVITING BIDS

N-1. NOTICE IS HEREBY GIVEN that sealed Bids shall be received from qualified bidders on PennBid for the Borough of Stroudsburg, “2023 CDBG – Kraemer Avenue – Milling and

Paving Project”, and all appurtenant Work, in strict accordance with the Contract Documents on

PennBid or on file at the office of the Borough Engineer, Peters Consultants, Inc., 2701 Columbia

Boulevard, Bloomsburg, PA 17815.

N-2. DATE OF OPENING BIDS: Bids shall be received by the Borough of Stroudsburg online via the PennBid Program until 11:00 A.M local time on March 31, 2026 at which time they will be publically opened and read aloud at the office of the Borough Engineer, 2701 Columbia

Boulevard, Bloomsburg, PA 17815. Thereafter, Bid results will be available online.

N-3. LOCATION OF THE WORK: The Work to be constructed hereunder is located at

Kraemer Avenue from North 2nd Street to North 3rd Street within the Borough of Stroudsburg, Monroe County, PA.

N-4. DESCRIPTION OF THE WORK: The Work comprises the complete milling and paving of Kraemer Avenue from North 2nd Street to North 3rd Street which includes mobilization and demobilization, maintenance and protection of traffic, milling to a depth of 1.5” from curb to curb, installation of tack coat, placement of 9.5mm wearing course, sealing of all joints (curbs, inlets, manholes, concrete edges and existing pave edges to provide water tight seal), milling pavement notches workmanship and all appurtenances for a complete job in accordance with these Contract Documents. The Borough Department of Public Works intends to adjust the inlets, manholes, gas valves and water valves separately; therefore, this work is not included in the proposed Scope of Work for the project.

N-5. NOTICE CONCERNING BIDS: Notices and addenda shall be issued to only those persons and Suppliers/Vendors whose names and addresses are on record with the Engineer as having obtained the Contract Documents.

N-6. COMPLETION OF WORK: Time is of the essence. The Work must be substantially completed, signed, dated and approved on the Notice of Substantial Completion Form by the

Engineer, Contractor and Owner within 45 calendar days after the commencement date stated in the Notice to Proceed. Liquidated damages will be assessed for each calendar day at $1,000.00 per day for failure of the Contractor to substantially complete the Work within the calendar days reserved for the Contract and/or for failure to sign and date the Notice of Substantial Completion

Form.

N-7. AWARD OF CONTRACT: (a) The Work hereunder is set forth on the Bid Form. The

Owner reserves the right to award to the lowest responsive, responsible Bidder on Bid Form and reject all other Bids, as it may best serve the interest of the Owner. The Owner further reserves the right after opening Bids to reject any part or all Bids, to waive any minor formality, technical defects or irregularities in a Bid.

00030-021626

NOTICE INVITING BIDS

(b) As a condition of award, the successful Bidder shall be required to submit Bonds, and

Insurance, prior to execution of the Agreement by the Owner. Failure to meet this requirement shall constitute abandonment of the Bid by the Bidder and forfeiture of the Bid Bond or other security will be processed by the Owner. The Contract shall then be considered for award to the next lowest responsive, responsible Bidder.

N-8. BID SECURITY: Each Bid shall be accompanied by an approved Bid Bond in the amount of 10 percent of the total Bid Price, payable to the Borough of Stroudsburg, as a guarantee that the Bidder, if its Bid is accepted, shall promptly obtain the required Bonds and Insurance and shall prepare the required submittal documents and execute the Agreement. A Bid Bond shall be secured by a guaranty or Surety Company listed in the latest issue of U. S. Treasury Circular 570 and the amount of the required bid security shall be less than the maximum specified for the guaranty or surety company in U.S. Treasury Circular 570.

N-9. BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid and Total Bid

Price for a period of 60 calendar days from the date of Bid opening or as allowed by law. The

Borough of Stroudsburg reserves the right to reject any or all Bids, to waive any irregularities, or to negotiate the Contract amounts.

N-10. CONTRACTOR LICENSE/PERMIT CLASSIFICATION: Each Contractor and

Subcontractor is required to inquire of the Owner and the Municipality and obtain and maintain permits necessary to undertake the Work. Contractor and Subcontractor are required to provide a copy of their Contractor’s License issued by the Municipality where the Work is being completed.

The Agreement is contingent upon obtaining all local, state and federal permits from all governmental agencies. If permitting is not obtained by the Owner, this Agreement can be terminated at the convenience of the Owner without any claims by Contractor for damages or costs.

N-11. WAGE RATE REQUIREMENTS: A determination has been made by the

Pennsylvania Department of Labor and Industry and/or Federal US Department of Labor for the general prevailing rate of per diem wage for each of the localities in which the Work is to be performed. Copies of these wage rate determinations are included herein. It shall be mandatory upon the Contractor to whom the Work is awarded and upon any Subcontractor under the

Contractor to pay not less than wage determination specified rates to all workers employed by them in the execution of the Work, and the Contractor shall post a copy of wage determination specified rates at the Project Sites. Prevailing wage rates are required to be paid per State and

Federal Regulations for all Bids over $25,000.00.

N-12. RETAINAGE FROM PAYMENTS: The Owner shall retain a 10 percent payment due under the Contract Documents for all Material ordered until 70 percent of the Material is delivered at which time retainage may be considered for reduction to 5 percent if all change orders have been executed and proof of payment is submitted to the Owner showing that all suppliers/vendors have been paid. Reduction to 5 percent is not a mandatory requirement of the Owner.

N-13. PRE-BID VISIT TO WORK SITE: There will be no pre-bid walk through of the

Project Site.

00030-021626 NOTICE INVITING BIDS

N-14. EXISTING REPORTS ON SUBSURFACE INVESTIGATIONS:

No subsurface reports from the Owner and/or Engineer are available for this Project. The

Contractor has the absolute right to conduct any subsurface investigations. If the Contractor conducts any intrusive subsurface investigation, the excavated area needs to be returned pre-investigation condition with the installation of like materials removed and edge of excavation sealed. Failure of the Contractor to investigate any pre-bid subsurface conditions will fall solely on the Contractor, with no claim considered from the time of bidding through complete project closeout. The contractor shall not rely on any subsurface reports furnished.

N-15. OBTAINING OR INSPECTION OF CONTRACT DOCUMENTS:

(d) A full set of Contract Documents can be viewed and obtained online at http://PennBid.Bonfirehub.com.

(e) A full set of Contract Documents can be picked up at the office of the Engineer, Peters Consultants, Inc., 2701 Columbia Boulevard, Bloomsburg, PA 17815 for $60.00 with an additional $25.00 shipping cost if required.

(f) A full set of Contract Documents is available for inspection without charge at the office of the Borough Engineer, Peters Consultants, Inc., 2701 Columbia Boulevard, Bloomsburg, PA 17815.

(g) A PDF set of said Contract Documents may be emailed upon request at no cost. Email meganb@petersconsultants.com to request a copy.

(h) Bids must be submitted upon forms furnished by the Owner.

(i) 10% of the total Bid Price shall be included in the submission of the Bid, in the form of a Bid

Bond.

N-16. PROJECT ADMINISTRATION: All communications relative to this Work shall be directed to the Engineer through PennBid no less than 5 calendar days prior to opening of Bids.

No oral responses to any questions concerning the content of the Contract Documents shall be given. Any response requiring a change in the Contract Documents shall be in the form of written addenda to the Contract Documents.

N-17. EEO/WAGES/SALARIES: Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this Project;

that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, sexual orientation, gender identity, national origin, handicap or veteran status; and that, to the greatest extent feasible, opportunities for training and employment be given to lower income persons of the Project area and must, to the greatest extent feasible, utilize Project area businesses located in or owned in substantial part by

Project area residents.

Contractors and Subcontractors shall utilize the Federal Employment Verification Program system to verify the employment eligibility of each new employee hired after January 1, 2013. Contractors and Subcontractors shall submit the Form to the Owner to ensure compliance with the Act. In addition to the Form, the Contractor and Subcontractor shall maintain documentation of continued compliance with the Act by utilizing the EVP for new employees hired throughout the duration of the project. Contractor shall submit a completed Form to the Owner as a precondition to awarding the Project.

00030-021626 NOTICE INVITING BIDS

http://pennbid.bonfirehub.com/ mailto:meganb@petersconsultants.com

In addition to the Equal Employment requirements of Executive Order 11246 regarding discrimination, the Contractor must also establish a 6.9% goal for female participation and a 1.0% goal for minority participation in his aggregate on-site construction workforce for Contracts in excess of $10,000.

This project has been financed in part by federal funding from the Department of Homeland

Security, Federal Emergency Management Agency under the Federal Fiscal Year 2023 Flood

Mitigation Assistance – Swift Current grant program, acting through the Pennsylvania

Emergency Management Agency and the Borough of Stroudsburg.

The Borough of Stroudsburg is utilizing federal funds for this project, and has adopted a Minority and Women Business Enterprise (MBE/WBE) plan in accordance with Executive Orders 11625, 12138 and 12432. As such, the bidders/offerors must submit documentary evidence of minority and women business enterprises who have been contacted and to whom 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. MBE/WBE business concerns shall be afforded full opportunity to

Bid without discrimination.

The Contractor shall follow the Build America, Buy America Act located under Appendix H of the Contract Documents.

Bids may be held by the Borough of Stroudsburg for up to 60 days from the date of opening, or as allowed by law, for the purpose of reviewing the Bids and investigating the qualifications of

Bidders prior to awarding the contract. The Borough of Stroudsburg reserves the right to accept the bid as presented, to reject any or all Bids, to waive any irregularities, or to negotiate the

Contract amounts.

END OF NOTICE INVITING BIDS

00030-021626 NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting

Bids which are defined in the General Conditions have the meanings assigned to them in the

General Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from a Sub-Bidder, who submits a Bid to a Bidder. The term "Engineer" shall be defined in the Supplementary General Conditions."

2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration shall be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled

"Information Required of Bidder - Bidder's General Information," bound herein.

3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, Firm, Partnership, Corporation, or Association under the same or different names shall not be considered.

If the Owner believes that any Bidder is interested in more than one Bid of the Work contemplated, all Bids in which such Bidder is interested shall be rejected. If the Owner believes that collusion exists among the Bidders, all Bids of the colluders shall be rejected. No Bid shall be accepted from, nor Contract awarded to, anyone who is in arrears to the Owner upon debt or Contract, or who is in default of surety or otherwise upon any obligation to said Owner, or whose Work heretofore has proven unsatisfactory or dilatory.

4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE

PROJECT

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

Contract Documents thoroughly; visit the Project to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider Federal, State, and Local laws and regulations that may affect cost, progress, or performance of the Work; study carefully to correlate the Bidder's observations with the Contract Documents; and notify the Engineer in writing on the enclosed Request for Information Form of all conflicts, errors or discrepancies noted in the Contract Documents. Attention of Bidders is particularly called to the necessity of complying with all Federal, State, and Local Laws and regulations.

(b) Reference is made to the Supplementary General Conditions for identification of any reports or existing plans of explorations and tests of subsurface conditions at the Project which have been utilized by the Engineer in the preparation of the Contract Documents. These reports are not a part of the Contract Documents.

(c) Copies of such reports and drawings shall be made available for inspection by the

Owner to any Bidder upon request. Those reports and drawings are not part of the Contract

Documents, but the technical data contained therein upon which the Bidder is entitled to rely, as provided in the Supplementary General Conditions, may be incorporated therein by reference.

00100-021626

(d) Information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the Project is based upon information and data furnished to the Owner and the Engineer by the owners of such underground utilities or others, and the

Owner and the Engineer does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions or the Section entitled "Protection of Existing Facilities" of the Technical Specifications.

If there is an unmarked or mismarked underground facility in violation of the PA One Call System the Contractor is responsible for submitting their claim for compensation due to the unmarked or mismarked underground facility to the respective utility company and/or the respective utility companies Insurance Carrier. The Owner and Engineer will not be responsible for any unmarked or mismarked underground facility or any claims related to the same, except for Owner owned lines.

(e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on site conditions, subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Article 4.3 of the General Conditions of the Contract.

(f) Before submitting a Bid, each Bidder must, 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 utilities) at or contiguous to the Project or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the

Contract Documents.

(g) Where feasible, upon request in advance, the Owner shall provide each Bidder access to the Project to conduct such explorations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall clean up and restore the Project to its former condition upon completion of such exploration. The Bidder shall contact the Owner or the Engineer to schedule a time to perform site inspections.

(h) The land upon which the Work is to be performed, the right-of-ways and easements for access thereto, and other land designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional land and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor.

Easement for permanent structures or permanent changes in existing structures shall be obtained and paid for by the Owner unless otherwise provided in the Contract Documents.

(i) The submittal of a Bid shall constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of Article 4, herein entitled: "Bidders

Examination of Contract Documents and The Project"; that without exception the Bid is premised upon performing 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 the terms and conditions for performance of the Work.

(j) 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 authorize or confer a license for any other use.

5. INTERPRETATIONS - All questions about the meaning or intent of the Contract

Documents are to be directed to the Engineer through PennBid. Interpretations or clarifications considered necessary by the Engineer in response to such questions shall be resolved by the issuance of Addenda through PennBid. Each Addenda needs to be addressed within 2 calendar days of bid opening.

Questions received less than 5 calendar days prior to the date of opening Bids shall not be answered. Only questions that have been resolved by formal written Addenda shall be binding.

Oral and other interpretations or clarifications shall be without legal or contractual effect.

6. BID SECURITY, BONDS, AND INSURANCE – Each Bid shall be accompanied by an approved Bid Bond in the amount stated in the Notice Inviting Bids. Said bond shall be made payable to the Owner and shall be given as guarantee that the Bidder, if awarded the Work, shall enter into an Agreement with the Owner and shall furnish the necessary Insurance Certificates, Payment Bond, and Performance Bond. Each of said bonds shall be in the amount stated in the

Supplementary General Conditions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the Owner.

If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form.

** IMPORTANT**: Surety companies executing Bonds must appear on the Treasury

Department’s most current list (Circular 570 as amended) and must be authorized to transact business in the Commonwealth of Pennsylvania.

7. RETURN OF BID SECURITY - Within 14 calendar days after award of the Contract, the Owner shall return all bid securities accompanying the Bids that are not considered in making the award. All other Bid securities shall be held until the Agreement has been fully executed. All other bid securities shall then be returned to the respective Bidders whose Bids they accompany.

8. BID FORM - The Bid shall be made on the Bid Form as found on PennBid.

9. SUBMITTAL OF BIDS - The Bids shall be submitted via PennBid until 11:00 A.M. on

March 31, 2026.

10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid

Form, the Bidder shall furnish a price for all Bid Items in the Form, and failure to do so shall render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid

Items in a Bid Form and the "amount" indicated for a unit price Bid Items does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount shall be corrected accordingly, and the Contractor shall be bound by such correction.

In the event that there is more than one Bid Item in a Bid Form and the total indicated for the

Forms does not agree with the sum of prices Bid on the individual items, the prices Bid on the individual items shall govern the total for the Form and shall be corrected accordingly, and the

Contractor shall be bound by said correction.

11. QUANTITIES OF WORK

11.1 General: (a) The quantities of Work or material stated in unit or lump sum price items of the Bid are supplied only to give an indication of the general scope of the Work; the Owner does not expressly or by implication agree that the actual amount of Work or material shall correspond therewith.

(b) In the event of an increase or decrease in a Bid item quantity of a unit or lump sum price Contract, the total amount of Work actually done or materials or equipment furnished shall be paid for according to the unit or lump sum prices established for such Work under the Contract

Documents; provided, that increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Article 10 of the General Conditions.

12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request on company letterhead, signed by the Bidder or their properly authorized

Representative. The written request must be delivered to the place stipulated in the Notice

Inviting Bids prior to the scheduled closing time for receipt of Bids.

12. MODIFICATION AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisions attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The completed Bid form shall be without interlineations, alterations, or erasures, but if any interlineations, alterations or erasures are on the Bid form, they will be acknowledged at the time of bid opening and may be considered for acceptance of the Bid.

Alternative Bids shall not be considered unless expressly called for in the Notice Inviting Bids.

Oral, telegraphic, or telephone Bids or modifications shall not be considered.

13. LIQUIDATED DAMAGES - Provisions for liquidated damages shall be as set forth in the Agreement.

14. SUBSTITUTE OR "OR-EQUAL" ITEMS - The Work, if awarded, shall be on the basis of materials and equipment described in the Drawings or specified in the Technical Specifications without considerations or possible substitute or "or-equal" items. Whenever it is indicated in the

Drawings or specified in the Technical Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance shall not be considered by the Engineer until after the Effective Date of the

Agreement.

The procedure for submittal of any such application by the Contractor and consideration by the

Engineer is set forth in Section 01060 entitled: "Submittals" of the Technical Specifications.

15. AWARD OF CONTRACT - (a) Award of Contract, if it is awarded, shall be based primarily on the lowest overall cost to the Owner, and shall be made to a responsive, responsible

Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award shall be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the Bidder and Owner.

(b) Unless otherwise indicated, a single award shall not be made for less than all the Bid

Items of an individual Bid Form. In the event the Work is contained in more than one Bid Form, the Owner may award Forms individually or in combination. In the case of two or more Bid Forms which are alternative to each other, only one of such alternative Forms shall be awarded.

(c) The Owner reserves the right to consider as unqualified to do the work of general construction or mechanical construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in each Contract. Further, the Owner reserves the right to consider qualifications and relevant work experience in awarding the Contract.

(d) Bids may not be withdrawn by the Bidder for a period not to exceed forty-five (45) calendar days following the actual date of opening thereof, except as provided in Act No. 4 (1974) of the General Assembly of the Commonwealth of Pennsylvania; however, if award of contract is delayed by the required approval or issuance of Permits, the sale of bonds, the award of grants, the closing of loans or the acquisition of easements or rights-of-way by the Owner, the Bids may not be withdrawn by the Bidder for a period not to exceed ninety (90) calendar days from the date of bid opening.

(e) W-9 Form - The Bidder to Whom the award is made shall complete the W-9 Form prior to issuance of the Notice to Proceed.

16. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the Owner on the form of Agreement provided, shall secure all Insurance, and shall furnish all Certificates and Bonds required by the Contract Documents within 10 calendar days after the receipt of the Agreement forms from the Owner. Failure or refusal to enter into an

Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for any annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the Owner may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the Owner may award the

Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder's Bid Bond shall be likewise forfeited to the Owner.

00100-020325

17. LIABILITY - The Contractor agrees that it shall include in its agreement with the Owner and/or Construction Manager the following clause: The Owner and the Engineer have acknowledged that nothing in the Engineer’s or Owner’s engagement implies any undertaking by the Engineer or Owner for the benefit of or which may be enforced by the Contractor, its

Subcontractors, or the surety of any of them; it being understood that the Engineer’s obligations are to the Owner and that, in performing such obligations in accordance with the Contract Documents, the Engineer and Owner may increase the burdens and expense of the Contractor, its Subcontractors or the surety of any of them.

18. WORKER'S COMPENSATION REQUIREMENT - The Bidder shall be aware that in accordance with laws of the Commonwealth of Pennsylvania, the Bidder shall, if awarded the

Contract, be required to secure payment of compensation to its employees and execute the Worker's

Compensation Certification.

19. SPECIAL LEGAL REQUIREMENTS - (a) Materials purchased for this Contract may be eligible for Sales Tax Exemption. The Contractor shall determine which materials are tax exempt, the tax-exempt amount, and shall specifically reflect these exemptions in their Bid and if no indication of Sales Tax Exemption is listed, the Owner will NOT consider Sale Tax Exemption after the Bid is submitted.

(b) Contractor is required to obtain a Contractor’s License from the Municipality where the Work is performed. Contractor is responsible for payment of all fees, municipal inspection fees and all building permits as determined by the appropriate permit officer. Contractor shall determine these costs and said costs shall be a part of the Mobilization/Demobilization item.

(c) Right-of-way Plat Book and Plans of Utilities owned by the Owner on file, shall be made available by the Owner to the Contractor upon award of the Contract.

20. BIDDING REQUIREMENTS - All bids shall be submitted on bid forms provided in these

Contract Documents, prepared by Peters Consultants, Inc. The following items are part of and shall accompany the Sealed Bid:

(a) Bid Proposal, Bid Forms

(b) Statement of Bidders Qualifications, Bid Forms

(c) Bid Form, Bid Forms

(d) Quantities of Work on Bid Form Signed, Bid Forms

(e) List of Subcontractors, Bid Forms

(f) Prime Contractor Subcontractor Listing, Bid Forms

(g) Bidders General Information form, Bid Forms

(h) Non-Collusion Affidavit, Bid Forms

(i) Certification of Non-Segregated Facilities and Non-Employment of Illegal Alien

Labor, Bid Forms

(j) Public Works Employment Verification Form, Bid Forms

(k) Certification of Bidder Regarding Equal Employment Opportunities, Bid Forms

(l) MBE/WBE Contract Solicitation and Commitment Statement, Bid Forms

(m) Minority and Women Business Enterprise Bidder Certification, Bid Forms

(n) Bid Bond, Bid Forms

(o) Nondiscrimination/Sexual Harassment Clause, Bid Forms

(p) Disclosure of Lobbying Activities, Bid Forms

21. STANDARD REQUIREMENTS – All workmanship, materials, supplies and construction shall be in accordance with the Contract Documents

22. WAGES AND SALARIES

(a) The successful Bidder shall be required to comply with all provisions of the Davis

Bacon Federal Wage Rates. See Appendix C.

(b) The rates of pay set forth under Appendix C are the minimum to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of workday and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

23. EQUAL EMPLOYMENT OPPORTUNITY

(a) Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, handicap, religion, age, sex or national origin.

(b) The successful bidder(s) for each Contract(s) will be required to submit a completed Certification of Bidder Regarding Equal Employment Opportunity (EEO certification form to be provided by Contractor). Failure to submit the required certification within ten (10) days after notification by the Owner, or within such extended period as the Owner may grant, shall constitute a default and the Owner may either award to the next lowest responsible and responsive bidder or re-advertise for bids and may charge against the defaulting Bidder the difference between the amount of the Bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable bid is received, by re-advertising, the defaulting Bidder shall have no claim against the Owner for a refund.

(c) The mandatory solicitation form (DCED-CCD-286) for bidding for EEO is included in Appendix D (Forms and Certificates). This form must be completed, and some answer given regarding firms which are either unresponsive or firms which do not intend to subcontract.

(d) Bidders can search for MBE / WBE businesses on the internet at;

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

Bidders shall note that this link is being provided as one possible source for information, is not intended to be all-inclusive.

24. PENNSYLVANIA HUMAN RELATIONS ACT/NONDISCRIMINATION CLAUSE

Attention of Bidders is particularly called to the requirements of the nondiscrimination clause as stated under the Pennsylvania Human Relations Act.

25. CDBG REQUIREMENTS

Attention of all Bidders is called to the necessity to comply with all requirements of the Community

Development Block Grant (CDBG), the funding agency, in part or in whole, for the Contract.

26. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT

Attention of all Bidders is called to the necessity to comply with the provision of 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services.

27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS

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

Local laws and regulations including but not limited to the following: Act 287 of 1974 as amended by Act 50 of 2017; Act 247-1972; Act 38-1991; Act 187 of 1996; Federal Occupational Safety and

Health Act of 1970.

28. FEDERAL DRUG-FREE WORKPLACE REQUIREMENTS

Attention of all Bidders is called to the necessity to comply with the provision of 40 CFR Part 32, Drug-free Workplace Requirements.

29. COMPLIANCE WITH ANTI-POLLUTION REGULATIONS

Attention of Bidders is called to the requirement of performing the obligations under this Contract in a way that shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations.

30. COMPLIANCE WITH THE STATE CONTRACTOR RESPONSIBILITY

PROGRAM

Attention of Bidders is particularly called to the necessity to comply with the State Contractor

Responsibility Program. The successful bidder(s) for each Contract(s) will be required to submit completed Certification of Bidder Regarding Compliance with the State Contractor’s Responsibility

Program in format acceptable to Owner and Commonwealth of Pennsylvania. Failure to submit the required certification within ten (10) days after notification by the Owner, or within such extended period as the Owner may grant, shall constitute a default and the Owner may either award to the next lowest responsible and responsive bidder or re-advertise for bids and may charge against the defaulting Bidder the difference between the amount of the Bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable bid is received, by re-advertising, the defaulting Bidder shall have no claim against the Owner for a refund.

If during a time during the performance of the Project, the Contractor becomes suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity, the Contractor shall notify the Owner within fifteen (15) days of the date of suspension or debarment.

31. COMPLIANCE WITH THE CONTRACTOR INTEGRITY PROVISIONS

Attention of Bidders is particularly called to the necessity to comply with the State Contractor

Responsibility Program.

32. COMPLIANCE WITH DISADVANTAGED BUSINESS ENTERPRISE (DBE) FIRMS

REQUIREMENTS

Attention of the Bidders is drawn to the Disadvantaged Business Enterprise (DBE) requirements for construction projects funded under the Community Development Block Grant loan programs. The lowest qualified Bidder must demonstrate “good faith” efforts to identify and solicit DBE firms whenever they are potential sources for any procurement action in the areas of project construction, equipment, services, and supplies.

33. CANCELLATION OF CONTRACT

The Owner reserves the right to cancel the Contract awarded any time prior to the issuance of the

Notice to Proceed. If the Contract is cancelled pursuant to this provision, payment will be made only for documented costs of insurance and Surety Bonds actually incurred for the Project. No payment will be made for damages of any kind, including but not limited to overhead and/or lost profits, all such claims for damages being expressly waived by Contractor.

34. PUBLIC WORKS CONTRACTS

(a) The Contractor must complete and submit both the Affidavit of Eligibility for Public

Works and the Public Works Employment Verification Form with their bid.

(b) The Public Works Employment Verification Form must also be completed by the

Subcontractor prior to start of any work.

35. CDL PROGRAM CONTRACTOR’S STATEMENT OF COMPLIANCE

(a) The Parties agree that the relationship between the Contractor and Employer is one of independent contractor and not employer/employee and that the individual employees of the

Contractor who will be performing the work pursuant to this Contract are not employees of the

Employer. Contractor hereby certifies, represents, and warrants to the Employer that all persons performing any aspect of the work pursuant to this Contract who are required to have a commercial driver’s license are in a program for drug and alcohol testing in accordance with the Omnibus

Transportation Employee Testing Act of 1992 and the federal regulations adopted pursuant thereto.

(b) The Contractor shall submit a completed PSATS CDL Program Contractor’s

Statement of Compliance.

END OF INSTRUCTIONS TO BIDDERS

BID FORMS

B I D PROPOSAL

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Agreement with the

Owner in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled:

PROJECT NO. 3543-24-11

Bidder accepts all of the terms and conditions of the Contract Documents, including, without limitation, those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid

Security.

This Bid is due at the date, time and location indicated in the Notice Inviting Bids and shall remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder shall enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and shall furnish the Agreement, Insurance Certificates, Payment Bond, Performance Bond, and Permits required by the

Contract Documents. **IMPORTANT**: Surety companies executing Bonds must appear on the

Treasury Department’s most current list (Circular 570 as amended) and must be authorized to transact

Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of which is hereby acknowledged):

Number Date

Number Date

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the Site, the locality where the Work is to be performed, the legal requirements (Federal, State, and Local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the Work and has made such independent investigation as Bidder deems necessary.

In conformance with current statutory requirements of Pennsylvania Labor Code, et seq., the undersigned confirm the following as its Certification:

I am aware of the provisions of the Pennsylvania Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake Self Insurance in accordance with the provisions before commencing the performance of the Work of this Contract.

To all the foregoing and including Statement of Bidders Qualifications, PennBid Bidding Form, Quantities of Work, Schedule of Values of the various components of each Bid items, List of Subcontractors, Prime

Contractor-Subcontractor Listing, Bidder's General Information forms, Non-Collusion Affidavit, Certification of Non-Segregated Facilities and Non-Employment of Illegal Alien Labor, Public Works

Employment Verification Form, Certification of Bidder Regarding Equal Employment Opportunities, MBE/WBE Contract Solicitation and Commitment Statement, Minority and Women Business Enterprise

Bidder Certification, Bid Bond and Nondiscrimination/Sexual Harassment Clause contained in these Bid

Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the

Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract

Price based on the Unit Bid Price(s) named in the aforementioned Bid Form. The bidder is required to submit a financial and experience statement with the bid.

00300-021626

BID PROPOSAL

BID FORMS - PAGE 1

Dated: Bidder:

By:

Corporate Seal if applicable: (Signature)

Title:

Address:

Phone:

00300-021626

BID FORMS - PAGE 2

STATEMENT OF BIDDERS QUALIFICATIONS

All questions must be answered and the date given must be clear and comprehensive. This statement must be

Notarized. If necessary, questions may be answered on separate, attached sheets. The Bidder may submit any additional information he/she desires.

1. Name of Bidder:

2. Permanent main office address:

3. When organized:

4. If a corporation, where incorporated:

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

6. Contracts on hand:

(Schedule these showing amount of each and appropriate anticipated dates of completion).

7. General character of work performed by your company:

8. Have you ever failed to complete any work awarded to you?

If so, where and why?

9. Have you ever defaulted on a Contract?

If so, where and why?

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

11. List your major equipment available for this Contract:

12. Experience in construction work similar in complexity to this Project:

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

14. Number of employees:

15. Job classification of employees:

16. Credit available: $__________________________________

17. Bank reference: ____________________________________

18. Upon request, fill out a detailed financial statement and furnish any other information that may be required by the Borough of Stroudsburg.

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

Bidders Qualifications.

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

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

Qualifications.

Dated this_________day of______________, 20__.

(Name of Bidder)

By:_________________________________

Title:_______________________________

Commonwealth of________________________________)

County of______________________________)

________________________________________, being a duly sworn Representative of

________________________________________, deposes and says that all statements herein contained are true and correct.

Subscribed and sworn to before me this_______day of________________, 20__.

Notary Public

My Commission Expires_____________________, 20____.

00301-021626 STATEMENT OF BIDDERS QUALIFICATIONS

BID FORMS - PAGE 3

Certification:

I,________________________________________________________________, certify that I am the

_________________________________________of the Corporation named as Contractor herein; that

___________________________________who signed this Agreement on behalf of the Contractor, was the____________________________________________of said Corporation; that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its Corporate powers.

Signature

Title

Corporate Seal (if applicable)

00301-021626

BID FORMS - PAGE 4

BID FORMS

BID FORM

UNIT PRICE BID FOR

The Agreement is contingent upon obtaining all local, state and federal permits from all governmental agencies. If permitting is not obtained by the Owner, this Agreement can be terminated at the convenience of the Owner without any claims by Contractor for damages or costs.

ITEM

NO.

DESCRIPTION

QUANTITY

AND UNIT

UNIT

PRICE

QUANTITY

X

UNIT

PRICE

AMOUNT

1. Mobilization and demobilization, Complete

LUMP SUM

2. Maintenance and protection of traffic, Complete

LUMP SUM

3. Milling…