Woodland Design Associates, Inc.

Landscape Architects □ Site Planners □ Wetlands Specialists

119 Lincoln St. Honesdale, PA 18431 Phone: 570-616-0600 □ www.woodlanddesign.com

CONTRACT DOCUMENTS

For

The Borough of Honesdale North Main Street Trail Development Project

Honesdale Borough, Wayne County, Pennsylvania

A public trail and park access development project that includes: the construction of several 6’ wide asphalt trail spurs, at grade in existing mowed areas; metal benches on concrete pads; kiosk signage; aluminum fencing; picnic tables; trash receptacles; bollards; funding designation signage;

a flag pole with concrete footing; tree plantings; curb cuts required erosion and sediment control best management practices; and the rehabilitation/repairs of an existing bridge (trellis) and installation of steel fencing.

August 28, 2026

The Borough of Honesdale North Main Street Trail Development Project

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDS

INSTRUCTIONS TO BIDDERS

BID PROPOSAL FORM

BID BOND

NON-COLLUSION AFFIDAVIT

CERTIFICATION OF NON-SEGREGATED FACILITIES

STATEMENT OF BIDDER’S QUALIFICATIONS

PERFORMANCE BOND

LABOR & MATERIAL PAYMENT BOND

MAINTENANCE BOND

AGREEMENT

GENERAL CONDITIONS PART I ....................................................................... GCI-I

GENERAL CONDITIONS PART 2 ..................................................................... GCI-II

PA WAGE RATES ............................................................................................. WR-1

PUBLIC WORKS VERIFICATION FORM………………………………………… PWVF-1

SPECIFICATIONS

SECTION 000102: PROJECT INFORMATION…………………………………………. . SPEC. 1

SECTION 000102: PROJECT SUMMARY…………………………………………….. ... SPEC.2

SECTION 013216: PROJECT CONSTRUCTION PROGRESS SCHEDULE……… ... SPEC.3

SECTION 015713: TEMPORARY EROSION AND SEDIMENT CONTROL ………. .. SPEC.5

SECTION 017123: FIELD ENGINEERING……………………………………..…….… .. SPEC.8

SECTION 017419: CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ..... SPEC.10

SECTION 02000: SITE WORK…………………………………………………………… SPEC. 12

SECTION 02060 DEMOLITION…………………………………………………….. SPEC.16

SECTION 02100: SITE PREPARATION…………………………………............... SPEC.18

SECTION 02200: EARTHWORK………………………………………………… ........... SPEC.20

SECTION 02400: SITE DRAINAGE………………………………………………… ...... SPEC. 25

SECTION 02485: SEEDING…………………………………………………………..…. SPEC. 27

SECTION 02510: ASPHALT PAVING………………………………………………..…. SPEC. 30

SECTION 312200: GRADING………………………………………………..………….. .. SPEC. 31

SECTION 321120: SUBBASE AND AGGREGATE BASE COURSES…………. SPEC. 32

SECTION 321313: CONCRETE PAVING…………………………………………… SPEC. 33

SECTION 334000: STORMWATER SYSTEM EQUIPMENT……………………... SPEC. 35

SECTION 031000: CONCRETE CONCRETE FORMING AND ACCESSORIES…. ... SPEC. 37

SECTION 03300: CAST-IN-PLACE CONCRETE…………………………………….. . SPEC. 38

SECTION 055213: METAL FENCING (RAILINGS)…………………………………….. . SPEC. 42

SECTION 110000: EQUIPMENT…………………………………………………….…... . SPEC. 44

ADVERTISEMENT FOR BIDS

Sealed bids will be received electronically via the PennBid Program by the Borough of Honesdale, Wayne County, Pennsylvania until 3:00 pm on Thursday, November 20th, 2026. The sealed bids will be opened and read at the offices of Woodland Design Associates, Inc., 119 Lincoln Street, Honesdale, PA 18431, at approximately 3:30 pm on that same day, for the following Contract:

The Borough of Honesdale

North Main Street Trail Development Project

a) Mobilization to the site and staging.

b) Material purchase and installation of tem porary erosion and sediment control measures per the approved Erosion and Sediment Control Plan.

c) Demolition and site preparation for proposed project items; including land clearing, tree and vegetation removal, and rough grading, per the plan drawings and specifications.

d) The material purchase and installation of the kiosks, per the plan drawings and specifications.

e) The material purchase and installation of the park kiosk signs, per the plan drawings and

f) The material purchase and installation of the aluminum fencing, per the plan drawings and specifications.

g) The material purchase and installation of the necessary catch basin/drop inlet riser to ensure the existing drop inlet is set flush with the proposed asphalt trail elevation, per the plan drawings and specifications.

h) The material purchase and installation of removable bollards, per the plan drawings and

i) The material purchase, installation, and relocation of the bench pads and benches, per the plan drawings and specifications.

j) The material purchase, installation, and relocation of the flag pole and base, per the plan drawings and specifications.

k) The relocation/repositioning of the existing interpretive sign, per the plan drawings and

l) The material purchase and installation of the trash receptacles and pads, per the plan

m) The material purchase and concrete repair of the underside and top side of the existing concrete bridge (trellis), per the structural engineering plan drawings and specifications.

n) The material purchase and installation of the steel fencing on the concrete bridge (trellis), per the plan drawings and specifications.

o) The material purchase and installation of the picnic tables and trash receptacle on the concrete bridge (trellis), per the plan drawings and specifications.

p) The material purchase and installation of the tree plantings, per the plan drawings and

q) Final topsoil grading, rolling, seeding, and mulching of any remaining disturbed area.

r) The removal of all construction materials; including all temporary erosion and sediment control BMPs.

*Please note: the contractor is responsible for verifying the project layout, all lengths, dimensions, and material amounts. Those provided are for estimate purposes only and do not include any contingencies. Costs and amounts should be provided by the contractor so the project may be built as shown in the drawings and specifications.

Contractor is responsible for the off-haul of all debris and excess spoils to a site with an approved E&S plan.

The Drawings, Specifications, and other Contract Documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com).

The bid must be submitted on forms furnished by the Landscape Architect and must be accompanied by a bid guarantee in an amount not less then ten percent (10%) of the amount of the base bid submitted. This sum will serve as a bid security and will be forfeited to Honesdale Borough, Wayne County Pennsylvania as liquidated damages in the event that an award is made, and the Contract and Bonds are not promptly executed as required in the contract documents for required bonds and insurance coverage.

A mandatory pre-bid conference will be held on Thursday, November 5th, 2026, at 10 a.m. (weather pending) at the site. Bidders will meet at the Wayne County Park Street Complex behind the building by the existing playground (west end of the project)-- 648 W Park St, Honesdale, PA 18431.

No bid may be withdrawn for a period of sixty (60) days after the date specified for opening and reading of the bids, except as provided in accordance with the Pennsylvania Act No. 4 as approved on January 23, 1974.

The Borough of Honesdale reserves the right to reject any and all proposals and to waive any technical defects and irregularities.

The Borough of Honesdale reserves the right to remove any item from the project scope in the base bid form to ensure the project remains within the budget.

Pennsylvania Prevailing Wage Rates apply to this project.

INSTRUCTIONS TO BIDDERS

1. BIDS

In order to be entitled to consideration, bids must be prepared and submitted in accordance with the following:

The Honesdale Borough North Main Street

Trail Development Project

Bids shall be submitted electronically via the PennBid Program (https://pennbid.bonfirehub.com/) and shall include all required forms and supporting documents as identified in this solicitation.

a. No oral, telegraphic or telephone bids will be considered.

b. The bid must be signed with the full name and address of the bidder; if a co-partnership, by all members of the firm with names and addresses of each member;

and if corporation, by two duly authorized officers with corporate seal attached and the name of the state in which it is incorporated.

c. Signed copies of any addenda issued during advertising and bidding period shall accompany all bid proposals.

2. BID GUARANTEE OR BOND

Each bid must be accompanied by a bid guarantee in the form of a certified check, bank cashier's check, or trust company treasurer's check, payable to The Borough of Honesdale as oblige, in the amount not less then ten (10) percent of the base bid amount submitted and, in the form, set forth in the Contract Documents. The check or bond shall be forfeited as liquidated damages if the bidder fails to execute the Contract incorporated in the Contract Documents and furnish bonds and required insurance certificates within ten (10) days following notice of award of the Contract to him.

The bid and the bid guarantee may be withdrawn in accordance with Pennsylvania Act No. 4, approved January 23, 1974, as follows. A bidder may withdraw his bid from consideration after the bid opening without forfeiture of the certified check, bank cashier's check, surety bid bond or other security filed with the bid if the price bid was submitted in good faith, and the bidder submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error or unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid; provided:

A. notice of a claim of the right to withdraw such bid is made in writing with the contracting body within two (2) business days after the opening of the bids; and B. the withdrawal of the bid would not result in the awarding of the Contract on another bid of the same bidder, his partner, or in a corporation or business venture owned by or in which he had a substantial interest.

No bidder who is permitted to withdraw a bid shall supply any materials or labor to, or perform any subcontract of other work agreement for, any person to whom a contract or subcontract is awarded, in the performance, without the written approval of the contracting body.

If a bid is withdrawn in accordance with the provisions of this act, the contracting body may award the Contract to another bidder or reject all bids and resubmit the project for bidding. In the event the contracting body resubmits the reject for bidding, the withdrawing bidder shall pay the costs, in connection with the resubmission, of printing and mailing notices to prospective bidders, if the contracting body finds that such costs would not have been incurred but for such withdrawal. In no event shall the withdrawing bidder be permitted to resubmit a bid for the project.

If the contracting body intends to contest the right of a bidder to withdraw a bid, it should hold a hearing thereon within ten (10) business days after the opening of such bids and issue an order allowing or denying the claim of such rights within five (5) days after the hearing. Notice of the claim to withdraw the bid shall be made within two (2) business days.

The bid guarantee of all but the three (3) lowest bidders on each Contract will be returned within fourteen (14) days after the date of opening of the bids. The bid guarantee of the second and third lowest bidders will be returned within seven (7) days after the successful bidder has executed his Contract and has fully met all the bond and insurance requirements.

3. AFFIDAVITS

A Non-Collusion Affidavit in proof that the contractor has not entered into any collusion with any person in respect to this proposal, or any other proposal, for the contract for which the proposal is submitted is required. A Certificate of Non-Segregated Facilities in that the contractor does not segregate facilities is required.

4. USE OF SEPARATE BIDS

Attention is directed to the fact that these Specifications include a complete set of bidding contract forms. These are for the convenience of the bidders and are not to be detached from the Specifications, filled out, or executed.

5. INTERPRETATIONS

It is the BIDDER’s responsibility to promptly notify the LANDSCAPE ARCHITECT of all conflicts, errors, ambiguities or discrepancies that the BIDDER has discovered in or between the CONTRACT DOCUMENTS and such related documents.

No oral interpretations will be made to any bidder as to the meaning of Specifications, including the Drawings. Every request for such an interpretation shall be made in writing using the “Questions” feature within PennBid.

Any inquiry received one week (1) or more days prior to the date fixed for opening of bids will be in the form of an addendum to the Specifications that, if issued, will be on file in the office of Woodland Design Associates, Inc. at least three (3) days before bids are opened. Addenda will be issued and distributed to all potential bidders identified as having obtained the bidding documents within PennBid. All bidders shall be bound by such addenda, whether or not received by the bidder.

6. ALTERNATE BIDS

Alternate bids other than those stipulated on the Bid Form will not be considered.

7. ISSUANCE OF SPECIFICATIONS

The Drawings, Specifications, and other Contract Documents are available at no cost on PennBid (https://pennbid.bonfirehub.com/).

8. RETURN OF SPECIFICATIONS

All Drawings, Specifications, and other Contract Documents shall be considered instruments of service, shall be used for this project only, and are the property of Woodland Design Associates, Inc. and must be returned to them immediately upon completion of the work or the bidding period.

9. LOCATION OF THE PROJECT SITES

The project site is located between Park Street (SR 006 and the Lackawaxen River) in the Borough of Honesdale, Wayne County, Pennsylvania.

10. SITE CONDITIONS

All bidders are required to visit the site and inform themselves as to the existing conditions. Failure to do so will in no way relieve the successful bidder from the necessity of furnishing all equipment and materials and performing work required for the completion of the Contract in conformity with the Specifications and Drawings.

A mandatory pre-bid conference will be held on Thursday, November 5th, 2026, at 10 a.m. (weather pending) at the site. Bidders will meet at the Wayne County Park Street Complex behind the building by the existing playground (west end of the project)-- 648 W Park St, Honesdale, PA 18431.

11. EXECUTION OF CONTRACTS AND BONDS

The successful bidder must execute a Contract in the form prescribed in the Contract Documents and furnish a fully executed Performance Bond in the amount of 100% of the Contract Price and Labor and Material Payment Bond in the amount of 100% of the Contract Price, each with corporate surety license to conduct business in the Commonwealth of Pennsylvania in the forms set forth in the Contract Documents, and must submit all of the required insurance certificates to the Owner within ten (10) days after delivery of the notice of acceptance of the bid. Three (3) copies of the Bonds and three (3) copies of the Contract shall be executed.

The Surety Company must be listed on the most current edition of the Surety list as Published by the Company Licensing branch of the Pennsylvania Insurance Department.

Sample bond forms are included in the Documents. Executed Bonds will be submitted on forms furnished by the Contractor.

12. LIMIT OF BID WITHDRAWAL

Bids may be revised or withdrawn at any time within PennBid prior to the due date and time listed in the invitation to bid. No bid may be withdrawn within a period of sixty (60) days after the scheduled date and time of the bid opening and reading, except as provided for in Pennsylvania Act No. 4 as approved on January 23, 1974.

13. SUBCONTRACTORS

The successful bidder shall furnish, within five (5) days after notification that he is the successful bidder, a list of the subcontractors he proposes to employ in the work. The approval of subcontractors shall be subject to the approval of Woodland Design Associates, Inc. and the Owner. After acceptance, these subcontractors may only be changed by written consent of Woodland Design Associates, Inc. and the Owner.

14. STANDARD OF QUALITY

Equipment, material and articles specifically identified herein by manufacturer's name, model or catalog number are all of design or construction as selected for this Contract, and they shall be construed as being standard. Should the low bidder desire to quote on equipment, material or articles claimed to be equal to that specified, he may do so provided that he shall first submit the request in writing (accompanied by cuts and complete descriptive matter of such other equipment, materials or articles), within five (5) days after notification that he is the successful bidder, for Woodland Design Associates, Inc.'s approval. Woodland Design Associates, Inc.'s determination thereon shall be conclusive. In case of a difference in price, the Owner shall receive all benefit of the difference in cost involved in any substitution. No alternative bids on equipment, materials or articles or proposed differences in price shall be set forth in the proposal.

15. ITEMS TO BE SUBMITTED AT THE START OF WORK

a. Subcontractors: Three (3) copies for approval within five (5) days after notification the prime Contractor is low bidder.

b. Bonds: Three (3) copies within ten (10) days after delivery of acceptance of the bid.

c. Contractor's Cost Breakdown: Three (3) copies within ten (10) days after signing of the contract.

d. Policies and Certificates of Insurance: Three (3) copies prior to start of work.

e. Contractor's Progress Schedule: Three (3) copies for approval within ten (10) days after start of work.

16. OBLIGATION OF BIDDERS

The bidder shall completely fill in stipulated sums for the Base Bid, each Alternate, Unit Price, and Included Cost in ink or typewritten, in both words and figures on the prescribed form.

All individuals doing business under a fictitious name shall be registered on the County Prothonotary’s office showing such individual or individuals are duly registered under the Fictitious Names Act of the Commonwealth of Pennsylvania. Certificates evidencing the same may be required by the OWNER as a part of the Contract Agreement.

17. COST BREAKDOWN

The successful bidder shall be required to submit to Woodland Design Associates, Inc., in triplicate, within ten (10) days after the signing of the Contract, an itemized cost breakdown for all work included in the Contract for approval. The cost breakdown shall be used as a basis of payment for work completed, for work to be completed, and for a cost schedule for any work additions or deletions that the Owner may deem necessary.

18. QUALIFICATIONS

The Bidder shall complete the Statement of Bidder’s Qualifications included in the Contract Documents. If ordered to do so by the Owner, the Bidder shall submit within five (5) days of receiving the Owner’s request such additional data and information regarding the Bidder’s prior performance record, technical qualifications, and financial responsibility as may be necessary to permit determination of the qualifications of the Bidder to perform the work included under this contract by the Owner. The Bidder may also, within five (5) days, be required to submit a listing of proposed subcontractors to be utilized on the project along with similar qualifications and responsibility information on any or all proposed subcontractors.

The Owner reserves the right to reject any bid if such data and information or investigation of such bidder indicates, in the opinion of the Owner, that the Contractor is not properly qualified carry out the obligation of the Contract and to complete the work contemplated herein.

19. NOTICE TO PROCEED

The Notice to Proceed will normally be issued within ten (10) days of the execution of the Contract Agreement by the Owner. Should there be a reason the Notice to Proceed cannot be issued within such period; the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within ten (10) days or within the period mutually agreed upon, the Contractor may terminate the Contract Agreement without further liability on the part of either party.

BID PROPOSAL FORM

Date: _____________ day of __________________________________, ______

Project: The Borough of Honesdale North Main Street Trail Development Project

Bidder: ___________________________________________________________, (hereinafter called the Bidder) a ___________________________________

(partnership, individual, or corporation) organized and existing under the laws of the State of ______________ and doing business at: (insert address)

To: The Greater Honesdale Partnership 32 Commercial Street Suite 3 Honesdale, PA 18431

Acknowledgment: The bidder has received the documents entitled: ‘Contract Documents for

The Borough of Honesdale North Main Street Trail Development Project’ and drawings, including the addenda numbers: ______________, and has included their provisions in this proposal.

The Bidder, in compliance with the Instructions to Bidders has examined both the Documents and the site of the proposed work and acknowledges a familiarity with all conditions pertaining to the construction of the proposed project including availability of materials and labor.

Agreement: The Bidder agrees to:

A. Hold his bid open and not to withdraw it for a period of 60 calendar days after the scheduled closing time for receiving bids.

B. Accept the provisions of the Instructions to Bidders regarding the disposition of Bid Security.

C. Enter into and execute a Contract, if awarded on the basis of this Proposal, and to furnish the stipulated Bonds.

D. Accomplish the Work in accordance with the Contract Documents.

E. Complete the Work within the contract time stipulated in the Contract Documents or be able to show justifiable reasons for any delays in work completion.

Base Bid Total:

The Bidder proposes to perform all work as described in the Bid Documents for the sum of:

____________________________________________________________ dollars) (Amount shall be shown in words and numerically. In case of discrepancy, the amount shown in words will govern.)

Itemized breakdown of Specific Base Bid Elements:

Note: A + B = lump sum (Amounts only need be written numerically in this section.

1. Mobilization to the site and staging $__________________________ lump sum.

A. $_________ Labor. B. $____________ Material

2. Material procurement and installation of temporary erosion and sediment control measures per the approved Erosion and Sediment Control Plan and specifications.

3. Demolition and site preparation for proposed project items; including land clearing, tree and vegetation removal, and rough grading, per the plan drawings and specifications.

4. The material purchase and installation of the kiosks, per the plan drawings and

5. The material purchase and installation of the park kiosk signs, per the plan drawings and

6. The material purchase and installation of the aluminum fencing, per the plan drawings

7. The material purchase and installation of the necessary catch basin/drop inlet riser to ensure the existing drop inlet is set flush with the proposed asphalt trail elevation, per

8. The material purchase and installation of the removable bollards, per the plan drawings

9. The material purchase, installation, and relocation of the bench pads and benches, per

10. The material purchase, installation, and and relocation of the flag pole and base, per the plan drawings and specifications.

11. The relocation/repositioning of the existing interpretive sign, per the plan drawings and specifications

12. The material purchase and installation of the trash receptacles and pads, per the plan

13. The material purchase and concrete repair of the underside and top side of the existing concrete bridge (trellis), per the structural engineering plan drawings and specifications.

14. The material purchase and installation of the steel fencing on the concrete bridge (trellis), per the plan drawings and specifications.

15. The material purchase and installation of the picnic tables and trash receptacle on the concrete bridge (trellis), per the plan drawings and specifications.

16. The material purchase and installation of the tree plantings, per the plan drawings and

17. Final topsoil grading, rolling, seeding, and mulching of any remaining disturbed area.

18. The removal of all construction materials; including all temporary erosion and sediment control BMPs.

Attachments:

A. The Bidder has attached a list of requested alternates? __ __ yes no

B. The Bidder has attached bid security in the sum of $____________

(_______________________________________________ dollars) subject to the provisions of the ‘Instructions to Bidders’ regarding its disposition.

C. The bidder has completed a Non-Collusion Affidavit? __ __

D. The bidder has completed a Non-Segregation Certificate? __ __

E. The bidder has included Bidders Qualifications Statement? __ __

F. The bidder has completed a Form STD-186? __ __

G. The bidder has included a Schedule of Unit Prices Cost Breakdown? __ __

H. The bidder has included a Schedule of Prices? __ __

Submitted by:_____________________________________ Seal of corporation:

(Legal name)

(Title)

(Signature)

BID BOND

KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name or legal title of Contractor, Corporation, and address) as Principal, hereafter called Principal, and (Here insert full name or legal title and address of Surety) as surety, hereinafter called surety, are held and firmly bound unto (Here insert full name or legal title and address of Owner) as Obligee, hereinafter called Owner, in the amount of $______________________

(___________________________________________________________ Dollars) lawful money of the United States of America, for the payment of which sum well and truly to be made, whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such that whereas the Principal has submitted the accompanying Proposal or Bid dated _____________________, for the ‘Contract Documents for The Borough of Honesdale North Main Street Trail Development Project’, Honesdale, PA 18431.

NOW, THEREFORE, if the Principal shall not withdraw said bid within sixty (60) days after the opening of the same, and in the event of acceptance of his proposal by the Owner, shall, within the period specified therefore, enter into a written contract with the Owner, in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, and for payment of all sums which may be due any person, co-partnership, association or corporation for all material furnished, in the forms specified by the Owner, or in the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and give such bonds within the time specified, or if the Principal shall pay the Owner the difference between the amount specified in said bid and the amount for which the Owner may procure the required work, if the latter amount be in excess of the former, than the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

Signed and seal this __________ day of _______________________, ______ by:

(Seal)

(Principal)

(Title)

(Witness)

(Surety)

NON-COLLUSION AFFIDAVIT

I, ____________________________ (name), being duly sworn according to law, depose and say that I am the President of _________________________

_____________________________ (company), and as such I am authorized to execute the Affidavit. I further depose and say that I have not been convicted or found liable for any act prohibited by Sate or Federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract within the last three years. I further depose and say that I understand that any such conviction or finding of liability does not prohibit a governmental agency from accepting a bid from me or awarding a contract to me, but may be grounds for administrative suspension or debarment in the discretion of such governmental agency under the rules and regulations of that agency. I further understand that such conviction or finding of liability may also become the grounds for consideration on the question of whether such agency should decline to award a contract to me on the basis of my lack of responsibility.

(Signed) (Title)

Notarization:

Sworn to and subscribed before me ___________________________________, a notary public on this day the __________ of __________________, _______. My commission expires on the __________ day of _______________, _______.

Seal Stamp

CERTIFICATION OF NON-SEGREGATED FACILITIES

THE BIDDER CERTIFIES that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained.

THE BIDDER CERTIFIES further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained.

THE BIDDER AGREES that a breach of this certification is a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicitly directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom or otherwise.

THE BIDDER AGREES that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his file.

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

Signed on _______________________, ______

(Name of Bidder)

(Address of Bidder)

STATEMENT OF BIDDER’S 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 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 contract and the 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 approximate 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 importance to this project:

13. Background and experience of the principal members of you organization, including the officers:

14. List Credit Available: $ ___________________________________

15. Give bank reference: _____________________________________

16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by The Borough of Honesdale or OWNER?

17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by The Borough of Honesdale or OWNER in verification of the recitals comprising this statement of Bidder’s Qualifications.

Bidder: ____________________________________________

Name: ____________________________________________

Signature: ____________________________________________

Title: ____________________________________________

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name or legal title and address of Contractor or Corporation) as Principal, hereinafter called Contractor, and, (Here insert full name or legal title and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name or legal title and address of Owner) as Obligee, hereinafter called Owner, in the amount of $______________________

($__________________________________________________________ Dollars) lawful money of the United States of America, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated _____________________, entered into contract with Owner for ‘The Borough of Honesdale North Main Street Trail Development Project’ in accordance with Drawings and Specifications prepared by Woodland Design Associates, Inc., which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void;

otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alterations or extension of time made by Owner.

Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations there under, the Surety may promptly remedy the default, or shall promptly:

1) Complete the contract in accordance with its terms and conditions, or

2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price,” as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner.

Signed and seal this __________ day of _______________________, _______ by:

LABOR & MATERIAL PAYMENT BOND

Know All Men By These Presents: that (Here insert full name or legal title and address of Contractor or Corporation) as Principal, hereinafter called Principal, and (Here insert full name or legal title and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name or legal title and address of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein defined, in the amount of (Here insert a sum equal to at least one-half of the contract price) $_____________ ($_________________________________________ Dollars) lawful money of the United States of America, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated ______________________, entered into contract with Owner for ‘The Borough of Honesdale North Main Street Trail Development Project’ in accordance with Drawings and Specifications prepared by Woodland Design Associates, Inc., which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:

1. A claimant is defined as one having a direct contract with the Principal or with a

Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.

2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as maybe justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.

3. No suit or action shall be commenced hereunder by any claimant:

a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer.

b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.

4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payments by Surety of mechanics’ liens that may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond.

Signed and seal this __________ day of _______________________, _______ by:

(Seal) ________________________________________

(Surety)

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name or legal title and address of Contractor or Corporation) as Principal, hereafter called Contractor, and (Here insert full name or legal title and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name or legal title and address of Owner) as Obligee, hereinafter called Owner, in the amount of $_____________________

____________________________________________ Dollars ($______________) lawful money of the United States of America, for the payment of which sum the Principal and Surety bind themselves, and each of them, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain Contract for Construction with the Owner, dated ________________________ in accordance with the plans and specifications as set forth herein for ‘The Borough of Honesdale North Main Street Trail Development Project’ for the Owner.

WHEREAS, under said Contract, the Principal guarantees for a term of one (1) year from date of acceptance of the work by the Owner, to maintain the stability of all materials, equipment, and work and to promptly make good and replace all poor and inferior materials, equipment, and work and to remedy all defects in materials, equipment, or workmanship, all shrinkage, settlement, or other faults of any kind whatsoever arising therefrom, at his or their own expense, and to the satisfaction of the Owner when notified in writing to do so by the Owner; and

WHEREAS, under said Contract, the Principal may, to secure the said guarantee, deposit with the Owner, an acceptable Surety Bond for the faithful performance of said guarantee; and

WHEREAS, the Owner is willing to pay the aforementioned moneys, including the retained percentage, upon being indemnified by these presents.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall maintain the stability of all material, equipment, and work and shall promptly make good and replace all poor and inferior materials, equipment, and work and to remedy all defects in materials, equipment, or workmanship, all shrinkage, settlement, or other faults of any kind whatsoever arising therefrom, at his or their own expense, and to the satisfaction of the Owner when notified in writing to do so by the Owner for a term of one (1) year from the date of the final acceptance thereof by the Owner, and if the Principal shall indemnify the Owner against any loss or damage by reason of the failure of the Principal to so do, then this obligation is to be void; otherwise to remain in full force and effect.

PROVIDED, HOWEVER, and it is hereby expressly agreed, that if at any time default shall be made in the performance of the terms and the conditions of this Bond above specified, then, and in such event, we do by these presents, empower the Owner’s Solicitor, or any attorney of any court of record in the state, or elsewhere, to appear before us and each of us and confess judgment against us for the said sum above mentioned, with costs of suit and release of errors, and we do hereby waive the right of inquisition on any real estate, and authorize the Prothonotary to enter our voluntary condemnation of the same and authorize the same to be sold upon a writ of Fieri Facias. We also waive the right of all laws now made, or hereafter to be made exempting real or personal property for levy and sale and execution.

This Bond shall become effective on the date on which Owner shall accept the work provided in said Contract, and nothing shall impair or lessen to any extent the obligations of the Principal and Surety under and by virtue of the Performance Bond heretofore entered into by them.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals, the name, and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

Signed and seal this __________ day of ________________________, ______ by:

(Seal) __________________________________

(Seal) __________________________________

AGREEMENT

THIS AGREEMENT, made this ________day of ______________, ______, by and between _____________________________, herein after called “OWNER” (Name of Owner), (an Individual) and ____________________________________ doing business as (an individual, a partnership, or a corporation) hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the construction of ‘The Borough of Honesdale North Main Street Trail Development Project’ The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein.

2. The CONTRACTOR will commence work as required by the CONTRACT DOCUMENTS within 10 (ten) calendar days after the date of the NOTICE TO PROCEED and will complete the same within 150 (One-hundred and fifty) calendar days unless the period for completion is extended otherwise by the

CONTRACT DOCUMENTS.

3. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $_________________, or as shown in the BID schedule.

4. The term “CONTRACT DOCUMENTS” means and includes the following:

(A) Advertisement for Bids

(B) Instructions to Bidders

(C) Bid Proposal Form

(D) Bid Bond

(E) Non-collusion Affidavit

(F) Certification of Non-Segregation

(G) Agreement

(H) Bond Maintenance Bond

(I) Performance Bond

(J) Labor and Material Payment

(K) General Conditions Part I

(L) General Conditions Part II

(M) Notice of Award

(N) Notice to Proceed

(O) Change Order

(P) Drawings numbered Sheet L-100 to L-801.

(Q) Specifications dated June 22, 2024.

(R) ADDENDA:

No. __________, dated ____________________, ______ No. __________, dated ____________________, ______ No. __________, dated ____________________, ______

5. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT

DOCUMENTS.

6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in __triplicate__ (number of copies) each of which shall be deemed an original on the date first above written.

(SEAL) OWNER (please type)

Name _____________________________

Title _____________________________

Signature _____________________________

(SEAL) CONTRACTOR (please type)

Name _____________________________

Title _____________________________

Address _____________________________

Signature _____________________________