MARION HEIGHTS BOROUGH

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

MARION HEIGHTS STORMWATER IMPROVEMENTS – BRUNSWICK STREET

MARION HEIGHTS BOROUGH, NORTHUMBERLAND COUNTY, PA

PROJECT NO.: 3726 DATE: January 2, 2026

PREPARED FOR: MARION HEIGHTS BOROUGH

224 East North Street

Marion Heights, PA 17832

PREPARED BY: PETERS CONSULTANTS, INC.

Consulting Engineers and Surveyors

2701 Columbia Boulevard

Bloomsburg, PA 17815

PHONE: (570) 752-4433

FAX: (570) 752-4434

Website: 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

Request for Information

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

Agreement and Bonds

Agreement Form

Worker's Compensation Certificate

Performance Bond

Payment Bond

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GENERAL CONTENTS

(TABLE OF CONTENTS – Continued)

PART I - BIDDING AND AGREEMENT FORMS AND BONDS (Continued)

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

Construction of Gravity Storm Sewers

Color Audio - Video - Electrography

Temporary Facilities and Controls

Erosion and Sedimentation Control

Cement Concrete

Concrete Sidewalk

Concrete Reinforcement

Concrete Formwork

Cast-in-Place Concrete

Concrete Curing

Detectable Warning Surface

Concrete Curbs and ADA Ramps

Stormwater Inlets

Connection to Existing Structures

Roadway Construction

PA One Call

Milling

Trenching

Delivery, Storage and Handling

Shoring and Bracing

00006-010226

(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 – Federal Requirements

APPENDIX E – State Requirements

APPENDIX F – MBE/WBE Vendor List

APPENDIX G – W-9 Form

APPENDIX H – 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 4

8 The Owner’s Responsibilities 5

11 Change of Contract Price 6

12 Change of Contract Time 6

14 Payments to the Contractor and Completion 6

16 Contractor’s Downtime 8

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SPECIFICATIONS

PART I - BIDDING AND AGREEMENT FORMS AND BONDS

ARTICLE NO. * ARTICLE PAGE

00030 Notice Inviting Bids 1-4

00100 Instructions to Bidders 1-6

Bid Forms

00300 Bid (Proposal) 1

00301 Statement of Bidders Qualifications 2 - 3

00302A Bid Form 4 - 6

00302B Quantities of Work 7

00309 Request for Information 8

00420 List of Subcontractors 9

00425 Prime Contractor Subcontractor Listing 10

00430 Bidders General Information 11 - 12

00460 Non-Collusion Affidavit 13

00470 Certification of Non-Segregated Facilities 14 and Non-Employment of Illegal Alien Labor

00470A Public Works Employment Verification Form 15

00470B Certification of Bidder Regarding Equal 16

Employment Opportunity

00470C Minority and Women’s Business Enterprise 17

Bidder Instructions

00470D MBE/WBE Contract Solicitation and 18

Commitment Statement

00470E Minority and Women’s Business Enterprise 19

Bidder Certification

00470F Prime Contractor Minority & Women’s Business 20

Enterprise Utilization Report

00470G Subcontractor Minority & Women’s Business 21

Enterprise Utilization Report

00470H Minority and Women’s Business Certification 22

00480 Bid Bond (Bid Security Form) 23

00495 Nondiscrimination/Sexual Harassment Clause 24

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PART I - CONTENTS

PART I - BIDDING AND AGREEMENT FORMS AND BONDS (Continued)

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 for 20

Final Payment and Release

00697 Application and Certification for Payment 21-22

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

00012-010226

PART I - CONTENTS

NOTICE INVITING BIDS

N-1. NOTICE IS HEREBY GIVEN that sealed Bids shall be received from qualified Bidders via PennBid or in person for the “Marion Heights Stormwater Improvements – Brunswick

Street” project, and all appurtenant Work, in strict accordance with the Contract Documents on file at the office of the Project Engineer, Peters Consultants, Inc., 2701 Columbia Boulevard, Bloomsburg, PA 17815.

N-2. DATE OF OPENING BIDS: Bids shall be received by Marion Heights Borough online via the PennBid Program or hardcopies can be submitted to the office of the Engineer, 2701 Columbia Boulevard, Bloomsburg, PA 17815 until 11:00 A.M local time on February 3, 2026, at which time they will be opened and read aloud. Thereafter, Bid results will be available online at: https://pennbid.bonfirehub.com/projects.

N-3. LOCATION OF THE WORK: The area of work is located along Brunswick Street in between E. Melrose Street and E. Warsaw Street in Marion Heights Borough, Northumberland

County, PA.

N-4. DESCRIPTION OF THE WORK: The Work comprises the installation of stormwater inlets, stormwater piping, connection to existing stormwater system, milling, paving, ADA ramps miscellaneous construction, workmanship and all appurtenances for a complete job. Contractor is responsible for coordination with the Engineer, SEDA-COG and Marion Heights Borough in order to complete the work. Work is to be completed in accordance with these Contract Documents and the plans. Work must be completed by June, 2026.

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 60 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 in 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.

(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.

00030-010226

NOTICE INVITING BIDS

https://pennbid.bonfirehub.com/projects

N-8. BID SECURITY: Each Bid shall be accompanied by a certified check, cashier's check, negotiable U. S. Government Bonds (at par value) or approved Bid Bond in the amount of 10 percent of the total Bid Price, payable to Marion Heights Borough, 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. Marion

Heights Borough 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 not be a pre-bid visit on site.

00030-010226 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:

(a) 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.

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

(c) A PDF set of said Contract Documents may be emailed upon request at no cost if submitting a hard copy to the office of the Engineer. Email meganb@petersconsultants.com to request a PDF copy.

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

(e) 10% of the total Bid Price shall be included in the submission of the Bid, in the form of a certified check, cashier's check or Bid Bond.

N-16. ADDRESS AND MARKING OF BIDS: The envelope enclosing the hardcopy of the

Bid (one (1) original and two (2) copies) shall be sealed and addressed to the Engineer, and shall be delivered or mailed to Peters Consultants, Inc. 2701 Columbia Boulevard, Bloomsburg, PA

17815 by 11:00 A.M. on February 3, 2026. The envelope shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "Sealed Bid For

…" followed by the title of the Project and the date and hour of the Bid opening.

N-17. PROJECT ADMINISTRATION: All communications relative to this Work shall be directed to the Engineer either through PennBid or by submission of the “Request for Information” form included in the Contract Documents, 5 calendar days prior to opening of Bids.

No oral responses to any questions concerning the content of the Contract Documents shall be given and all questions relating to interpretation of the Contract Documents or proposed products must be submitted in writing at least 5 calendar days prior to the scheduled Bid opening date. On any response requiring a change in the Contract Documents shall be in the form of written addenda to the Contract Documents

00030-010226 NOTICE INVITING BIDS

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

N-18. 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.

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.

Marion Heights Borough 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.

Bids may be held by Marion Heights Borough for up to 60 days from the date of opening for the purpose of reviewing the Bids and investigating the qualifications of Bidders prior to awarding the contract. Marion Heights Borough 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

00030-010226 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 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.

(b) Reference is made to the Supplementary General Conditions for identification of any reports 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.

(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.

00100-010226

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 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.

(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.

(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.

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

Documents are to be directed to the Engineer by either through PennBid or by submission of the

“Request for Information” form included in the Contract Documents. Interpretations or clarifications considered necessary by the Engineer in response to such questions shall be resolved by the issuance of Addenda either through PennBid or by email to all parties recorded by the Engineer or the Owner as having received the Contract Documents. Each Addenda needs to be addressed within 5 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 a certified check, cashier's check, negotiable U. S. Government Bonds (at par value) or approved

Bid Bond in the amount stated in the Notice Inviting Bids. Said check or 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 bound herein. The pages may be removed from the bound volume. In the event there is more than one Bid Form, the Bidder may

Bid on any individual Form or any combination of Forms. The envelope enclosing the sealed Bid shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "SEALED BID FOR….." followed by the title of the Contract

Documents for the Work, the name of the Bidder, the address where the Bids are to be delivered or mailed to, and the date and hour for opening of Bids. The Bid Security shall be enclosed in the same envelope with the Bid.

9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that their Bid is received in proper time. Bids shall not be accepted after the appointed time for opening of Bids, no matter what the reason. No telegraphic or facsimiles of Bids or Bid modifications shall be accepted, no matter what the reason.

Each Bidder submitting hardcopies to the office of the Engineer shall submit one (1) original Bid as well as two (2) additional copies.

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 Form 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.

13. 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.

14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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 shall specifically reflect these exemptions in the Bid and if no indication of sales tax exemption is listed, the Owner will NOT consider sales tax exemption after the Bid is submitted.

(b) The Owner has waived the requirement to obtain a Contractor’s License from the

Municipality. Contractor is responsible for payment of excavation permit fees as determined by the Borough Ordinance and Municipal 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, Subdivision Plans 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.

21. BIDDING REQUIREMENTS - 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

22. 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.

23. 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.

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. 3726

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 business in the Commonwealth of Pennsylvania.

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, Bid Form, Quantities of Work, Request for

Information, List of Subcontractors, Prime Contractor-Subcontractor List, 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 and Vendor 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 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 prepared to submit a financial and experience statement upon request.

Dated: Bidder:

By:

Corporate Seal if applicable: (Signature)

Title:

Address:

Phone:

00300-010226 BID

BID FORMS - PAGE 1

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. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by Marion Heights Borough?

19. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by Marion Heights Borough 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 Marion Heights Borough 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____.

00301-010226 STATEMENT OF BIDDERS QUALIFICATIONS

BID FORMS - PAGE 2

(CONTINUED)

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)

00301-010226

BID FORMS - PAGE 3

BID FORM

ITEM

NO.

DESCRIPTION

QUANTITY

AND UNIT

UNIT

PRICE

QUANTITY X

UNIT PRICE =

TOTAL

AMOUNT

1. Mobilization/Demobilization Lump Sum -------- $

2. Traffic Control – Pedestrian and Vehicle Lump Sum -------- $

3. Installation of 24” HDPE pipe, 4’ – 5 ½’ deep, excavation, backfill, bedding, trench restoration, temporary pavement, permanent pavement, seal all joints, workmanship and all appurtenances for a complete job.

204 L.F.

4. Installation of 18” HDPE pipe, 3’ – 4’ deep, excavation, backfill, bedding, trench restoration, temporary pavement, permanent pavement, seal all joints, workmanship and all appurtenances for a complete job.

95 L.F.

5. Installation of Type M inlets, 4’ deep, excavation, backfill, bedding, trench restoration, temporary pavement, permanent pavement, seal all joints, connect inlets to piping as shown on the plans, all openings between inlet boxes and piping to be filled with non-shrink grout smooth with interior inlet walls, workmanship and all appurtenances for a complete job.

2 EACH $ $

6. Installation of Type M inlets, 4’ – 4 ½’ deep, excavation, backfill, bedding, trench restoration, temporary pavement, permanent pavement, seal all joints, connect inlets to piping as shown on the plans, all openings between inlet boxes and piping to be filled with non-shrink grout smooth with interior inlet walls, workmanship and all appurtenances for a complete job.

5 EACH $ $

7. Installation of Type M inlets, 5’ deep, excavation, backfill, bedding, trench restoration, temporary pavement, permanent pavement, seal all joints, connect inlets to piping as shown on the plans, all openings between inlet boxes and piping to be filled with non-shrink grout smooth with interior inlet walls, workmanship and all appurtenances for a complete job.

4 EACH $ $

8. Install connection of 24” HDPE pipe to existing 18”

CMP at E. Warsaw St. with Class AA 12” thick concrete collar with six (6) circular rows of No. 4 rebar, six (6) feet in length, excavation, backfill, bedding, trench restoration, temporary pavement, permanent pavement, seal all joints, workmanship and all appurtenances for a complete job.

1 EACH

00302-010226

BID FORMS - PAGE 4

TOTAL

AMOUNT

9.

Modify existing inlet at northeast corner of Brunswick

St./E. Warsaw St., to connect to new Type M inlet with

18” HDPE pipe, excavation, backfill, bedding, trench restoration, temporary pavement, permanent pavement, seal all joints, workmanship and all appurtenances for a

10.

Milling of the east half of Brunswick St. from E.

Melrose St. to E. Warsaw St. 4” thick at east edge and 1

½” thick at centerline, 230’ long by 10’ wide, 256 S.Y.

11.

Paving of the east half of Brunswick St. from E.

Melrose St. to E. Warsaw St., 1 ½” thick 9.5mm

Superpave, tack coat, 0.05 gal/s.y., workmanship and all appurtenances for a complete job.

256 S.Y.

12.

Milling in front of 202 E. Melrose St., 4’ wide, 1 ½” depth milling at 4’, 4” milling at the edge of the sidewalk, even slope for 35’ for stormwater to flow to new inlet at southeast corner of E. Brunswick St. and E.

Melrose St.

140 S.F.

13. Paving of milled area at 202 E. Melrose St., 1 ½” thick

9.5mm Superpave, tack coat, 0.05 gal/s.y., 140 S.F.

14. Installation of ADA ramps and truncated dome pads (to be submitted with shop drawings using elevations per plans and either in compliance with ADA regulations or will be designated as exceptions without any ability to comply strictly with ADA regulations) at the southeast corner of E. Melrose St. and Brunswick St. (diagonal),

15. Installation of ADA ramps and truncated dome pads (to be submitted with shop drawings using elevations per plans and either in compliance with ADA regulations or will be designated as exceptions without any ability to comply strictly with ADA regulations) at the southwest corner of E. Melrose St. and Brunswick St. (diagonal), 16.

Installation of ADA ramps and truncated dome pads (to be submitted with shop drawings using elevations per plans and either in compliance with ADA regulations or will be designated as exceptions without any ability to comply strictly with ADA regulations) at all corners of

Brunswick St. and Fern St. (north and south directions only), workmanship and all appurtenances for a

4 EACH

BID FORMS - PAGE 5

TOTAL

AMOUNT

17. Installation of ADA ramps and truncated dome pads (to be submitted with shop drawings using elevations per plans and either in compliance with ADA regulations or will be designated as exceptions without any ability to comply strictly with ADA regulations) at the northeast corner of E. Warsaw St. and Brunswick St. (diagonal),

18. Installation of ADA ramps and truncated dome pads (to be submitted with shop drawings using elevations per plans and either in compliance with ADA regulations or will be designated as exceptions without any ability to comply strictly with ADA regulations) at the northwest corner of E. Warsaw St. and Brunswick St. (diagonal), (Items 1 – 18 Inclusive)

TOTAL PRICE:

WRITTEN TOTAL BID PRICE

(Items 1 - 18 Inclusive):

BID FORMS - PAGE 6

QUANTITIES OF WORK

The Quantities of Work or material stated in the Lump Sum Price items of the Bid Form 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, and reserves the right before, at or after award to increase or decrease the amount of any Lump Sum

Price item of the Work by an amount up to and including 25 percent of any Bid Item, without change in the Lump Sum Price, and shall have the right to delete any Bid Item in its entirety, up to 100 percent of the Bid Item, without change in other Lump Sum Prices.

NAME OF CONTRACTOR:

ADDRESS OF CONTRACTOR:

AUTHORIZED CONTRACTOR’S SIGNATURE:

DATE:

00302A-010226

BID FORMS - PAGE 7

REQUEST FOR INFORMATION (RFI)

The attached form shall be used by the Contractor for all requests concerning questions related to the Contract Documents.

To: Peters Consultants, Inc. From:

2701 Columbia Boulevard

Bloomsburg, PA 17815

Ph: (570) 752-4433

Fx: (570) 752-4434

Project Name: MARION HEIGHTS STORMWATER IMPROVEMENTS – BRUNSWICK

STREET

Project Number: 3726 Date of Request:

RFI Description: (Fully describe the question or type of information requested.)

References/Attachments: (List specific documents researched when seeking the information requested.)

Specifications: Drawings: Other:

Sender’s Recommendations: (If RFI concerns a site or construction condition, the sender may provide a recommended solution, including cost and/or Schedule considerations.)

Receiver’s Reply: (Provide answer to RFI, including cost and/or Schedule considerations.)

By: Date: Copies to:

Note: This reply is not an authorization to proceed with Work involving additional cost, time or both. If any reply requires a change to the Contract Documents, a Change Order, Construction Change Directive or a Minor Change in the Work must be executed in accordance with the Contract Documents.

00309-010226

REQUEST FOR INFORMATION

BID FORMS - PAGE 8

INFORMATION REQUIRED OF BIDDER

LIST OF SUBCONTRACTORS

The Bidder shall list below the names and business address of each Subcontractor who shall perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which shall be done by such Subcontractor. After the opening of Bids, no changes or substitutions shall be allowed except as otherwise provided by law. The listing of more than one Subcontractor for each item of Work to be performed with the words "and/or" shall not be permitted.