Laboratory Services

2023 ROAD PROGRAM (CONTRACT 1) FOR THE CITY OF READING PENNSYLVANIA 2023 ROAD PROGRAM (CONTRACT 1) 2 TABLE OF CONTENTS PART NOTICES AND INSTRUCTIONS I Notice to Contractors Instructions to Bidders Notice of Requirement for Affirmative Action DOCUMENTS TO BE SUBMITTED WITH BID II Bid Proposal Form Bid Bond Non-Collusion Affidavit Certificate of Non-Indebtedness Resolution & Statement Regarding Manufacture of Cement Statement of Bidder’s Qualifications Equal Employment Opportunity and Section 3 Questionnaire Certification of Non-Segregated Facilities Contractor’s Statement for Public Disclosure Certificate of Acknowledgment of Receipt of Addendum (if required) CONTRACT DOCUMENTS III Contract Performance Bond Payment Bond Wage Rate Compliance Bond Maintenance Bond Statement Accepting Provisions of PA Workers’ Compensation Act Stipulation Against Liens Indemnity Agreement Notice to Proceed PENNSYLVANIA PREVAILING WAGE RATES IV SUPPLEMENTARY GENERAL TERMS AND CONDITIONS V GENERAL

PROVISIONS VI TECHNICAL SPECIFICATIONS VII ATTACHMENT 1 – Bid Item Form Located on PennBid ATTACHMENT 2 – 2023 Road Program (Contract 1) Project Locations Map & Intersection Pavement Marking Plans ATTACHMENT 3 – Component Schedule (by Roadway) 2023 ROAD PROGRAM (CONTRACT 1) 3 NOTICE AND INSTRUCTIONS 2023 ROAD PROGRAM (CONTRACT 1) 4 CITY OF READING, PENNSYLVANIA NOTICE TO CONTRACTORS The City of Reading is requesting proposals for the 2023 ROAD PROGRAM (CONTRACT 1) Project. An electronic proposal, inclusive of all requested information and supporting documents, shall be submitted via the Pennbid Program (www.pennbid.procureware.com). Proposals shall be received until 3:00 P.M., prevailing time on April 17, 2023, at which time the proposal shall be opened publicly. Bidders are invited to be present at the Bid opening, located in Council Chambers, City Hall, 815 Washington Street, Reading, PA. Specifications and Proposal Forms for the above work can be obtained via Penn Bid at www.Pennbid.Procureware.com. “The City has determined that the City’s Responsible Contractor Ordinance does not apply as it does not meet the criteria set forth in Section 1501 of the ordinance. Therefore, bidders do not need to meet the requirements of that ordinance in order to successfully bid on this contract.” The work shall consist of milling, base repair & overlay of selected streets in the City of Reading, and also includes the design and installation of ADA compliant curb ramps and associated signal improvements as specified in the Contract Documents. The project is being funded by the Municipal Liquid Fuels Program. Funding requirements must be followed. There will be a non-mandatory pre-bid meeting for this project. Each proposal shall be accompanied by bid surety in the amount of ten percent (10%) of the proposal. A certified check or bid bond will be accepted. Attention is called to the fact that Pennsylvania prevailing wage rates must be paid by the contractor and that employees shall not be discriminated against because of race, color, age, religion, sex or national origin. The City of Reading reserves the right to accept or reject any and all bids, and to accept or reject any part of a bid, as may be in the public interest. Tammi Reinhart Purchasing Coordinator 2023 ROAD PROGRAM (CONTRACT 1) 5 INSTRUCTIONS TO BIDDERS PROPOSAL SUBMISSION An electronic proposal, inclusive of all requested information and supporting documents, shall be submitted via the PennBid Program (www.Pennbid.Procureware.com). Proposals shall be received until 3:00 P.M., prevailing time on April 17, 2023, at which time the proposal shall be opened publicly. Bidders are invited to be present at the Bid opening, located in Council Chambers, City Hall, 815 Washington Street, Reading, PA., for the 2023 ROAD PROGRAM (CONTRACT 1). Specifications and Proposal Forms for the above work can be obtained via PennBid at www.Pennbid.Procureware.com Bids received after the hour specified, will not be considered. BONDS Bid security, in the amount of ten percent (10%) of the bid price shall accompany each proposal. This bid security may be a Certified or Cashier's Check, or a bid bond furnished by a surety company, satisfactory to the City of Reading. The successful bidder, upon award of contract, shall furnish at the time of execution of the same, a Maintenance Bond, Payment Bond, and Performance Bond by a surety company acceptable to the City of Reading, in an amount equal to ONE HUNDRED PERCENT (100%) of the contract to guarantee satisfactory performance, All bonds are subject to approval by the City Solicitor. In case the contract is awarded to a bidder who fails to enter the contract or to deliver all required bonds and affidavits, the cash or check deposited shall become absolute property of the City; or if a bond has been deposited, it shall become payable immediately. Cash, checks or bonds deposited will be returned to unsuccessful bidders as soon as the contract is awarded, or all bids rejected. INSURANCE The Contractor, at the time of execution of the contract, shall also furnish the City with insurance certificates of adequate limits, as later indicated, to protect the City of Reading, its agents, and employees from any litigation involving Worker's Compensation, Public Liability and Property Damage, involved in the work. All subcontractors must also furnish copies of their liability insurance and Worker's Compensation Insurance certificates to the City. No subcontractor will be allowed to perform any work under this contract by the City unless such certificates are submitted to and approved by the City beforehand. WORKERS’ COMPENSATION AND PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE The status of the Contractor in the work to be performed by the Contractor is that of any independent Contractor and as such, he shall properly safeguard against any and all injury or damage to the public, to public and private property, materials and things, and as such he alone shall be responsible for any and all damage, loss or injury to persons or property that may arise, or be incurred, in or during the conduct or progress of said work without regard to whether or not the Contractor, his sub-contractors, agents, or employees have been negligent, and the Contractor shall keep the City free and discharged of and from any and all responsibility and liability therefore of any sort or kind. The Contractor shall assume all 2023 ROAD PROGRAM (CONTRACT 1) 6 responsibility for risks or casualties of every description, for any or all damage, loss or injury to persons or property arising out of the nature of the work from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any Federal, State, County or Local laws, regulations, or ordinances; the Contractor shall indemnify and save harmless the City from all suits or actions of law of any kind whatsoever in connection with this work and shall if required by the City, produce evidence of settlement of any such action before final payment shall be made by the City. Contractor's Liability Insurance Certificate shall include the save harmless clause and shall be filed with the City. The Contractor shall maintain such insurance as will protect him from claims under worker's compensation acts and from claims for damages because of bodily injury, including death, and property damage, which may arise from and during operations under this Contract, whether such operations be by himself, by any subcontractor or anyone directly or indirectly employed by either of them. Contractor's liability insurance shall be in the names of the Contractor and the City, as their respective interests may appear. Certificates of such insurance shall be filed with the City Risk and Safety Manager. The minimum amount of liability insurance to be maintained by the Contractor during the life of the contract shall be as follows: Comprehensive General Liability – for bodily injury and property damage – including any liability normally covered by a general liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate. Business Automobile Liability – For owned, non-owned, leased and hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. Professional Liability – in minimum amounts of $1,000,000 per occurrence and $2,000,000 aggregate. Worker’s Compensation – Statutory limits in each state in which Service Provider is required to provide Worker’s Compensation coverage including “All States” and “Voluntary Compensation” endorsement, and a Waiver of Subrogation endorsement in favor of the County. Employer’s Liability – with limits of not less than $100,000 Accident – Each Accident, $100,000 Disease – Each Employee; and $500,000 Disease – Policy Limit. Prior to commencement of performance of this Agreement, Contractor shall furnish to the City a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the City of Reading, its elected officials, agents, and employees as additional insureds under the Comprehensive General Liability coverage, and providing that no policies may be modified or cancelled without thirty (30) days advance written notice to the City. Such certificate shall be issued to: City of Reading, 815 Washington Street, Reading, PA 19601. All policies shall be in effect with companies holding an A.M. Best rating of “A-” or better and shall be licensed to do business in the Commonwealth of Pennsylvania. Such companies shall also be acceptable to the City. Please forward a certificate of insurance verifying these insurance requirements. Liability insurance shall include automobile coverage, including "hired automobiles and non-ownership automobiles." 2023 ROAD PROGRAM (CONTRACT 1) 7 Liability insurance shall include the hazard of collapse, damage to underground utilities, underground blasting, and excavation. Prior to any blasting which may be required, blasting insurance shall be obtained by the Contractor in an amount satisfactory to the City Engineer. Liability insurance shall include the hazard of building collapse and of damage to adjoining properties and/or to individuals located within or adjacent to each project site. All subcontractors performing work under this contract must furnish to the City a copy of their Certificate of Insurance for Workers’ Compensation and liability for bodily injury and property damage. WAGES AND EMPLOYMENT REQUIREMENTS Bidder agrees that not less than the Pennsylvania prevailing wages will be paid. The Contractor will further agree to comply with Commonwealth of Pennsylvania Act of August 15, 1961, P.L. 1225 and amendments as applicable. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employees or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which may be provided by the City setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representatives of the Contractor, commitments under this Section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. In the event of the Contractor's noncompliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further City contracts. The Contractor will include the provisions of these paragraphs in every subcontract or purchase order unless exempted. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. SUPERVISION OF WORKERS 2023 ROAD PROGRAM (CONTRACT 1) 8 The Contractor shall provide qualified supervision of each crew at all times while working under this contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City. Failure for the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract unless such directives would create potential personal injury or safety hazards. This contract will be under the direct supervision of the City or its authorized representatives. Any alterations or modifications of the work performed under this contract shall be made only by written agreement between the Contractor and the City authorized representatives and shall be made prior to commencement of the altered or modified work. No claims for extra work or materials shall be allowed unless covered by written agreement. SUBCONTRACTS The Contractor will not be allowed to subcontract work under this contract unless written approval is granted by the City. The Subcontractor, as approved, shall be bound by the conditions of the contract between the City and the Contractor. The authorization of a Subcontractor is to perform in accordance with all terms of the contract and specifications. All required notices, work orders, directives, and requests for emergency services will be directed to the Contractor. All directions given to the Subcontractor in the field shall bind the Contractor as if the notice had been given directly to the Contractor. QUALITY Where a bids is asked for a certain article or "Approved Equal" and the bidder intends to furnish an article which the bidder considers equal to the one named, the bidder must specify in the bid the name and grade of said article. All disputes concerning grade and quality of materials or work shall be determined by a person duly authorized by the City. TIME OF COMPLETION The bidders are herewith cautioned that the time of completion indicated in their proposal must be complied with. To insure timely completion, the successful bidder will be required to furnish adequate equipment, and qualified personnel in sufficient numbers at all times. Where a date is set for delivery of materials or the performance of work, said materials must be delivered, or work performed, in accordance with the specifications or description herein contained on or before said date, or the order to the delinquent party will be canceled and awarded to the next lowest responsible bidder. BUSINESS PRIVILEGE TAX The City of Reading imposes a Business Privilege License, at $55.00 per calendar year. In addition, a Business Privilege Tax is imposed at the rate of 2-1/4 mills upon the gross receipts attributable to business conducted within the City of Reading. PERMITS/LICENSES The Contractor shall, at his expense, pay all fees and procure all necessary licenses and permits needed to conduct the work required under the terms of this contract. The Contractor shall give any and all necessary formal notices required in conjunction with the lawful prosecution of the work of this contract. BASIS OF PAYMENT 2023 ROAD PROGRAM (CONTRACT 1) 9 All prices to be quoted F.O.B. Reading, PA destination. The City of Reading is tax exempt. OBSERVANCE OF LAWS, ORDINANCES AND REGULATIONS The Contractor at all times during the term of this contract shall observe and abide by all Federal, State, and Local laws which in any way affect the conduct of the work and shall comply with all decrees and orders of courts of competent jurisdiction. The Contractor shall comply fully and completely with any and all applicable State and Federal Statutes, rules and regulations as they relate to hiring, wages, and any other applicable conditions of employment. WITHDRAWAL OF PROPOSALS/BIDS After a bid has been opened, it may not be withdrawn except as provided by Act of January 23, 1974, P.L. 9 No. 4, as same may be amended. No bids may be withdrawn for a period of ninety (90) days following the formal opening and receipt of bids by the City of Reading. BID REJECTION The City of Reading reserves the right to reject any or all bids and to accept or reject any part of any bid. It also reserves the right to waive any technical defects or minor irregularities, which in its discretion, is in the best interest of the City. EXECUTION OF CONTRACT The successful Bidder shall, within ten (10) calendar days after mailing of contract documents by the City to the Principal, enter into contract with the City on form as included within the bidding documents for the appropriate bonds, indemnities and insurances required hereunder. The contract, when executed, shall be deemed to include the entire agreement between the parties; the Contractor shall not base any claim for modification of the contract upon any prior representation or promise made by the representatives or the City, or other persons. All attachments are considered as part of this document. METHOD OF PAYMENT Payments shall be based on an invoice submitted by the General Contractor or approved representative Construction Manager in AIA or other approved format. The City shall have the right to withhold disbursement funds if in the City's opinion construction work for which payment has been requested is of poor workmanship, contrary to any applicable codes and contract specifications, violation of appropriate paperwork requirements that are not up to date and approved for this billing period, General Contractor fails to comply with this Agreement, or for other conditions or circumstances which the City deems not to be in the best interest of the public. Ten percent (10%) of each General Contractor invoice request shall be retained by the City on this contract until it is completed up to City codes and contract specifications and approved by a City Official or person representing a City Official (Architect or Engineer). ACCESS TO ACCOUNTING RECORDS The contractor shall certify that all materials, equipment, and labor charged to the City are accounted for and shall keep such full and detailed accounts as may be necessary for proper financial management 2023 ROAD PROGRAM (CONTRACT 1) 10 under this Agreement. The City or its representative shall be afforded access the all the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Contract, and the Contractor shall preserve all such records for a period of three (3) years, or for such longer period as may be required by law, after the final payment. ASSIGNMENT OF REFUND RIGHTS The City is not subject to federal, state, or local sales or use tax or federal excise tax. Contractor hereby assigns to City all of its rights, title, and interest in any sales or use tax which may be refunded as a result of the purchase of any materials purchased in connection with the Contract and Contractor, unless directed by the City, shall not file a claim for any sales or use tax refund subject to this assignment. Contractor authorizes the City, in its own name or the name of the Contractor, to file a claim for a refund of any sales or use tax subject to this assignment. CONTRACTS WITH SUBCONTRACTORS The Contractor agrees to include the above references paragraphs in any contract with subcontractors and to provide proof thereof to the City of Reading if requested. NOTICE TO PROCEED The Contractor shall begin work on the job site within ten (10) days after receiving Notice to Proceed from the City. DISCONTINUANCE OF WORK Any practice obviously hazardous as determined by the City shall be immediately discontinued by the Contractor upon receipt of either written or oral notice to discontinue such practice. CONTRACT TERMINATION The City shall have the right to terminate a contract or a part thereof before the work is completed in the event: 1. Previous unknown circumstances arise making it desirable in the public interest to void the contract. 2. The contractor is not adequately complying with the specifications. 3. The contractor refuses, neglects, or fails to supply properly trained or skilled supervisory personal and/or workers or proper equipment. 4. The contractor in the judgment of the City is unnecessarily or willfully delaying the performance and completion of the work. 5. The contractor refuses to proceed with work when and as directed by the City. 6. The contractor abandons the work. Contractors who have questions concerning various aspects of this Contract should contact the following persons: PRE-BID MEETING 2023 ROAD PROGRAM (CONTRACT 1) 11 There will be a non-mandatory pre bid meeting scheduled for this project. QUESTIONS REGARDING SPECIFICATIONS OR BID PROCESS To ensure fair consideration for all bidders, the City prohibits communication to or with any department or division manager or employee during the bid process with the exception of those questions relative to interpretation of specifications of the bid process. Such questions shall be submitted to Purchasing via Penn Bid at www.Pennbid.Procureware.com no later than March 28, 2023. Responses to questions shall be issued to all bidders in the form of a written addendum no later than April 6, 2023. Notice: Payment of invoices is subject to the terms and conditions of the sources of funding for this project. 2023 ROAD PROGRAM (CONTRACT 1) 12 THE FOLLOWING INSTRUCTIONS FOR CONTRACTORS REGARDING AFFIRMATIVE ACTION ARE PROVIDED FOR INFORMATION PURPOSES. THE SUCCESSFUL BIDDER ASSUMES THE OBLIGATION TO TAKE WHATEVER AFFIRMATIVE ACTIONS ARE NECESSARY TO ASSURE EQUAL EMPLOYMENT OPPORTUNITY IN ALL ASPECTS OF EMPLOYMENT, IRRESPECTIVE OF RACE, COLOR, CREED, OR NATIONAL ORIGIN. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246, AS AMENDED) (1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (2) The goals are timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally-assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (3) THE CONTRACTOR SHALL PROVIDE WRITTEN NOTIFICATION TO THE DIRECTOR OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS WITHIN 10 WORKING DAYS OF AWARD OF ANY CONSTRUCTION SUBCONTRACT IN EXCESS OF $10,000 AT ANY TIER FOR CONSTRUCTION WORK UNDER THE CONTRACT RESULTING FROM THIS SOLICITATION. THE NOTIFICATION SHALL LIST THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUBCONTRACTOR; EMPLOYER IDENTIFICATION NUMBER; ESTIMATED DOLLAR AMOUNT OF THE SUBCONTRACT; ESTIMATED STARTING AND COMPLETION DATES OF THE SUBCONTRACT; AND, THE GEOGRAPHICAL AREA IN WHICH THE CONTRACT IS TO BE PERFORMED. OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS THE CURTIS CENTER SUITE 750 WEST 170 SOUTH INDEPENDENCE MALL WEST PHILADELPHIA, PA 19106-3309 PHONE (215) 861-5764 As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the City of Reading, Pennsylvania. Timetables Goals for Minority Goals for Female Participation in Each Trade Participation for Each Trade ____________________________________________________________________________________ Until Further Notice 2.5% for all trades 6.9% for All Trades 2023 ROAD PROGRAM (CONTRACT 1) 13 State of ________________________) ) ss. County of ______________________) I, ______________________________, Notary Public, being duly sworn, deposes and says that he is _________________________________ of ________________________________, (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this ______ day of _____________________, _______. ______________________________ NOTARY PUBLIC My Commission Expires: 2023 ROAD PROGRAM (CONTRACT 1) 14 DOCUMENTS TO BE SUBMITTED WITH BID 2023 ROAD PROGRAM (CONTRACT 1) 15 PROPOSAL Proposal of: Name: Address: TO: Eddie Moran, Mayor City of Reading Reading, PA 19601 Dear Mayor Moran: In conformity with City Plans and specifications, and the Contract Documents, including the instructions to Bidders, Form of Proposal, Bid Bond and Conditions, the undersigned submits this proposal, and encloses herewith as proposal guaranty, a Certified or Treasurer's Check, or Bid Bond, in an amount not less than ten percent (10%) of the bid herein submitted, which it is understood will be forfeited if this proposal is accepted by the City of Reading, and the undersigned fails to furnish approved bonds and execute the contract within the time stipulated; otherwise, the guarantee will be returned. The undersigned declares that no Member of Council, Director of Department, Division Manager, deputy thereof or clerk therein, or other officer of the City of Reading, is directly or indirectly interested as principal, surety of otherwise in this proposal or has any supervision or overall responsibility for the implementation in administration of the contract. It is certified that the undersigned is the only person(s) interested in this proposal as principal and that the proposal is made without collusion with any person, firm, or corporation. It is hereby agreed to execute the contract and furnish surety company bonds, on the forms enclosed in the Contract Documents, in the amount of one hundred percent (100%) of the contract price within ten (10) days of mailing of the contract documents from the City to the Principal, and to begin work within ten (10) days after receipt of Notice to Proceed from the City of Reading. It is proposed to furnish and deliver all materials, tools, equipment, power, tests and transportation, perform all labor, superintendence, and all means of construction, and do all incidental work, and to execute, construct and finish in an expeditious and workman-like manner, in accordance with the plans and specifications, to the satisfaction and acceptance of the Department of Public Works of the City of Reading and its Engineer for the 2023 ROAD PROGRAM (CONTRACT 1) Project as submitted on the PennBID unit price bid form and Total Bid below. TOTAL BID: _________________________________________________________________________(written) $___________________________ (figures). 2023 ROAD PROGRAM (CONTRACT 1) 16 IN WITNESS WHEREOF, this proposal has been executed this ____ day ______ A.D. 20____, by the setting hereunto of his or its hand and seal. (INDIVIDUAL: PRINCIPAL) _______________________________(Seal) (Signature of Individual) Witness: _____________________________ Trading and Doing Business as: ____________________________________ ---------------------------------------------------------------------------------------------------------------------- (PARTNERSHIP PRINCIPAL) _______________________________(Seal) (Name of Partnership) Witness: _____________________________ By:____________________________(Seal) (Partner) Witness: _____________________________ By:____________________________(Seal) (Partner) Witness: _____________________________ By:____________________________(Seal) (Partner) Witness: _____________________________ By:____________________________(Seal) (Partner) 2023 ROAD PROGRAM (CONTRACT 1) 17 (CORPORATION PRINCIPAL) Attest: __________________________________ (Assistant Secretary) __________________________________ (Name of Corporation) By:_______________________________ (Vice) President (CORPORATE SEAL) or (if appropriate) __________________________________ (Name of Corporation) By:_______________________________ Authorized Representative 2023 ROAD PROGRAM (CONTRACT 1) 18 FORM OF BID BOND BOND KNOW ALL MEN BY THESE PRESENTS that we, the undersigned, ________________________, as Principal (the "Principal"), and _______________________________ a corporation organized and existing under laws of the __________________ of ____________, as Surety (the "Surety"), are held and firmly bound unto______________________________________ as Obligee (the "Obligee"), as hereinafter set forth, in the full and just sum of __________________________________________________________________Dollars ($___________), lawful money of the United States of America, for the payment of which sum we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WITNESSETH THAT: WHEREAS, the Principal herewith is submitting a Proposal to the Obligee to perform the _____________________ Work in connection with the construction of ____________________________ pursuant to plans, specifications and other documents constituting the Contract Documents which are incorporated into said Proposal by reference (the "Contract Documents"), as prepared by the Department of Public Works, City Hall, 815 Washington Streets, Reading, PA 19601- 3690. WHEREAS, it is a condition of the receipt and consideration by the Obligee of said Proposal that it shall be accompanied by proposal guaranty to be held by the Obligee on terms hereinafter set forth. NOW, THEREFORE, the condition of this Bond shall be such that, if the Principal, within ten (10) days after mailing of contract document by the City to Principal, shall furnish to the Obligee a Performance Bond, Payment Bond and a Wage Rate Compliance Bond, and upon award of a contract to him by the Obligee, shall execute and deliver the Agreement and furnish to the Obligee proper evidence of effectiveness of insurance coverage, respectively within the time, in the forms and in the amounts, as appropriate, required by the Contract Documents, then this Bond shall be void, otherwise, this Bond shall remain in full force and effect. 2023 ROAD PROGRAM (CONTRACT 1) 19 The Principal and the Surety agree to pay to the Obligee the difference between the amount of said Proposal, as accepted by the Obligee, and any higher amount for which the required work shall be contracted for by the Obligee, together with any additional advertising costs, architect's fees, legal fees and any all other fees and expenses incurred by the Obligee by reason of the failure of the Principal to enter into such Agreement with the obligee, or to furnish such Contract Bonds, or to furnish evidence of effectiveness of such insurance coverage; provided, however, that (1) the obligation of the Surety shall not exceed the stated principal amount of this Bond; and (2) if the Obligee should not procure an executed contract with any other person for the performance of the work contemplated in said Proposal, as accepted by the Obligee, upon the same terms and conditions, other than price, as provided in the Contract Documents, within the period provided in the Contract Documents during which no proposals of bidders may be withdrawn, whether because of the lack of other proposals, or because of the inability or refusal of any other bidder to enter into an appropriate contract, or because the cost under any higher proposal would be greater than the Obligee shall determine, in its sole discretion, that it can afford, then the Principal and the Surety agree to pay to the Obligee the full amount of this Bond as liquidated damages. IN WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this ___________day of _______________, 20____. (INDIVIDUAL PRINCIPAL) __________________________________ (Seal) (Signature of Individual) Witness: _______________________________ Trading and Doing Business as: ___________________________________ 2023 ROAD PROGRAM (CONTRACT 1) 20 (PARTNERSHIP PRINCIPAL) (PARTNERSHIP PRINCIPAL) ___________________________________ (Seal) (Name of Partnership) Witness: ____________________________ By:________________________________ (Seal) (Partner) Witness: ____________________________ By:________________________________ (Seal) (Partner) Witness: ____________________________ By:________________________________ (Seal) (Partner) Witness: ____________________________ By:________________________________ (Seal) (Partner) 2023 ROAD PROGRAM (CONTRACT 1) 21 (CORPORATION PRINCIPAL) ________________________________________ (Name of Corporation) By:_____________________________________ (Vice) President Attest: _____________________________________ (Assistant Secretary) (Corporate Seal) (OR, IF APPROPRIATE) ________________________________________ (Name of Corporation) By:_____________________________________ (Authorized Representative) Signed ______________________________ ____________________________________ (Title) Subscribed and sworn to before me on this ___ day of ___________, 20 ___ ___________________________________ ___________________________________ (Title) My Commission Expires: ___________________________________ 2023 ROAD PROGRAM (CONTRACT 1) 22 (CORPORATION SURETY) ____________________________________ (Name of Corporation) By:_________________________________ (Attorney-In-Fact) Witness: _____________________________________ (Corporate Seal) ** Attach an appropriate Power of Attorney, valid and in effect as of the date of this affidavit, evidencing the authority of the Attorney-In-Fact to act in behalf of the corporation. 2023 ROAD PROGRAM (CONTRACT 1) 23 NON-COLLUSION AFFIDAVIT INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT This Non-Collusion Affidavit is material to any contract pursuant to this bid. According to the Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 et seq., governmental agencies may require Non- Collusion Affidavits to be submitted together with bids. This Non-Collusion affidavit must be executed by the member, officer, or employee of the bidder who is authorized to legally bind the bidder. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval, or submission of the bid. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party. The term "complementary bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any form of bid submitted for the purpose of giving a false appearance of competition. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid. 2023 ROAD PROGRAM (CONTRACT 1) 24 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ________________________ County of ______________________ _______________________________, being first duly sworn, deposes and says that: He/She is _____________________(Owner, Partner, Officer, Representative or Agent) of ________________________________________, the Bidder that has submitted the attached Bid or Bids; He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; Such Bid is genuine and is not a collusive or sham Bid; Neither the said Bidder nor any of its officers; partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication of conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overheld, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Reading or any person interested in the proposed Contract; The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant; and, Neither the said Bidder nor any of its officers, partners, owners, agents or parties in interest, have any interest, present or prospective, that can be reasonably construed to result in a conflict of interest between them and the City of Reading, which the Bidder will be required to perform. 2023 ROAD PROGRAM (CONTRACT 1) 25 I state that _____________________________ understands (Name of Firm) and acknowledges that the above representations are material and important, and will be relied on by the City of Reading in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Reading of the true facts relating to the submission of bids for this contract. _________________________________ (Name and Company Position) SWORN TO AND SUBSCRIBED BEFORE ME THIS ________ DAY OF _________, 20___ _________________________ My Commission Expires Notary Public 2023 ROAD PROGRAM (CONTRACT 1) 26 PROVIDER'S CERTIFICATION OF NON-INDEBTEDNESS TO THE CITY OF READING Provider hereby certifies and represents that Provider and Provider's parent company(ies) and subsidiary(ies) are not currently indebted to the City of Reading (the "City"), and will not at any time during the term of this Contract (including any extensions or renewals thereof) be indebted to the City, for or on account of any delinquent taxes, liens, judgments, fees or other debts for which no written agreement or payment plan satisfactory to the City has been established. In addition to any other rights or remedies available to the City at law or in equity, Provider acknowledges that any breach or failure to conform to this certification may, at the option of the City, result in the withholding of payments otherwise due to Provider and, if such breach or failure is not resolved to the City's satisfaction within a reasonable timeframe specified by the City in writing, may result in the offset of any such indebtedness against said payments and/or the termination of this Contract for default (in which case Provider shall be liable for all excess costs and other damages resulting from the termination). _____________________________________ NAME OF PROVIDER By: _____________________________________ AUTHORIZED SIGNATORY Title: _____________________________________ PRESIDENT OR VICE PRESIDENT Attest: _____________________________________ 2023 ROAD PROGRAM (CONTRACT 1) 27 RESOLUTION NO. 192-92 WHEREAS, reportedly, twenty-five cement manufacturing facilities in the United States are currently burning well over two billion pounds a year of hazardous waste as a source of fuel and additional profit in the cement manufacturing process; and WHEREAS, approximately twenty cement manufacturing facilities are seeking permission to start this practice; and WHEREAS, sufficient data and evidence as to the safety of cement products made from hazardous waste has not been proven; and WHEREAS, it is in the best interest of the citizens of the City of Reading in regard to their health and quality of life that cement derived from hazardous waste be banned from any City projects. NOW, THEREFORE, the Council of the City of Reading resolves that the City of Reading will not purchase cement from any facility that burns hazardous waste as fuel in its manufacturing process, nor allow the use of concrete made from this type of cement. This policy shall be reflected in city bid specifications. PASSED COUNCIL April 1, 1993 WARREN H. HAGGERTY, JR. Mayor ATTEST: RUTH M. THOMPSON City Clerk 2023 ROAD PROGRAM (CONTRACT 1) 28 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data 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 on an attached sheet, showing amount of each contract and the appropriate anticipated dates of completion.) 7. Have you ever failed to complete any work awarded to you? If so, where and why? _______________________________________________________________________ 8. Have you ever defaulted on a contract? ______________. If so, where and why? _______________________________________________________________________ 9. List the more important projects recently completed by your company on an attached sheet, stating the approximate cost of each, and the month and year completed. 10. List your major equipment available for this contract. _______________________________________________________________________ _______________________________________________________________________ 11. Describe experience in construction work similar in importance to this project on an attached sheet. 2023 ROAD PROGRAM (CONTRACT 1) 29 Page 2 Statement of Bidder's Qualifications 12. Background and experience of the principal members of your organization, including the officers. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 13. Credit available: $________________________________________________________ 14. Give Bank reference:______________________________________________________ 15. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City? ____________________________________________ 16. (A) Have you ever been a party to or otherwise involved in any action or legal proceeding involving matters related to race, color, nationality or religion?______________ If so, give full details. _________________________________________________________________________ (B) Have you ever been accused of discrimination based upon race, color, nationality or religion in any action or legal proceeding including any proceeding related to any Federal Agency? ____________. If so, give full details _______________________________________ _____________________________________________________________________________ 17. All prospective bidders are required to present proof of an acceptable disposal method approved by the Pennsylvania Department of Environmental Protection. The proof may consist of a copy of a State Solid Waste Disposal Permit issued to the prospective bidder by the Pennsylvania Department of Environmental Protection, or a letter of approval from the Pennsylvania Department of Environmental Protection for the use of a proposed or existing disposal facility which has a permit or is under review for a permit. Same to be in accordance with Section 7 (a) application and permits, Pennsylvania Solid Waste Management - "Act 241." 2023 ROAD PROGRAM (CONTRACT 1) 30 Page 3 Statement of Bidder's Qualifications 18. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the "City of Reading" in verification of the recitals comprising this Statement of Bidder's Qualifications. 19. Name, address, phone number, and contact person at surety company who will provide bonding for this contract: ________________________________________________________________________ ________________________________________________________________________ 20. Name, address, phone number, and contact person at insurance company who will provide insurance coverage for this contract: ________________________________________________________________________ ________________________________________________________________________ 21. The undersigned hereby authorizes any person, firm or corporation to furnish any information requested by the City of Reading in verification of the recitals comprising this Statement of Bidder's Qualifications. DATED at _________________________ this _____ day of ______________________, 20_____. __________________________________ (NAME OF BIDDER) BY: ______________________________ TITLE:____________________________ 2023 ROAD PROGRAM (CONTRACT 1) 31 BIDDER'S SWORN QUALIFICATION STATEMENT COUNTY OF ) ) ) § ) STATE OF ) The Undersigned, being duly sworn under oath, certifies that the following statements are true and correct: SUBMITTED TO: ADDRESS: SUBMITTED BY: NAME: ADDRESS: PRINCIPAL: 1. What is the bidder's form of business, i.e., corporation, partnership, sole proprietor, or joint venture: 2. How many years has your organization been in business? 3. How many years have your organization been in business under its present name? 4. Give all trade names and former names that your organization has or is using? 5. If your organization is a corporation, give the: A. Date of incorporation: B. State of incorporation: C. President's name: D. Vice President's name(s): 2023 ROAD PROGRAM (CONTRACT 1) 32 6. If an individual or a partnership, give the: A. Date or organization: B. Name and address of all partners (state whether general or limited partnership): 7. If other than a corporation or partnership, describe your organization and name all principals or owners: 8. List states and categories in which your organization is legally qualified to do business giving all registration or license numbers. 9. List states in which partnership or trade name is filed. 10. List the types of work normally performed by your own forces. 11. Have you ever failed to complete any work awarded to you? If so, note when, where, and why: 12. Within the last five years, has any owner, officer or partner of your organization ever been an owner, officer or partner of another organization when it failed to complete a construction contract? If so, attach a separate sheet of explanation. 13. On a separate sheet, list major construction projects your organization has in process, giving the name or project, owner, architect, contract amount, percent complete, and scheduled completion date. 14. On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion, and percentage of the cost of the work performed with your own forces. 2023 ROAD PROGRAM (CONTRACT 1) 33 15. On a separate sheet, list the construction experience of the key individuals of your organization. 16. Trade References: 17. Bank References: 18. Name of Bonding Company and name and address of agent: 19. Attach a financial statement, audited if available, including Contractor's latest balance sheet and income statement showing the following items: A. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses): B. Net Fixed Assets: C. Other Assets: D. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes): E. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares per values, earned surplus, and retained earnings): Name of firm preparing financial statement and date thereof: 2023 ROAD PROGRAM (CONTRACT 1) 34 Is this financial statement for the identical organization named on page 00420-1? If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). Will this organization act as guarantor of the contractor for construction? Dated at this of , 20 . Name of Organization: BY: TITLE: Subscribed and sworn before me this day of , 20 . Notary Public: My Commission Expires: 2023 ROAD PROGRAM (CONTRACT 1) 35 EQUAL EMPLOYMENT OPPORTUNITY AND SECTION 3 QUESTIONNAIRE (Please complete the following information and answer all questions; use an attached sheet as necessary.) 1. (a) Contractor: How many persons from the City of Reading ________, low income City residents ________, and minorities: ______Black, ______ Hispanic, ______ White, ______ Asian/Pacific Islander, ______Other, are on your present basic payroll? (b) Subcontractor: How many persons from the City of Reading _______, low income City residents ________, and minority groups: ______Black, ______ Hispanic, ______ White, ______ Asian/Pacific Islander, ______Other, are on your present basic payroll? 2. How many City of Reading residents ________, low income City residents ________, and minorities: _______Black, ________Hispanic, ________White, _________Asian/ Pacific Islander, ________Other, are presently in training programs run by your company, your subcontractors, and associations to which you or your subcontractors may belong or with unions with which you and your subcontractors have collective bargaining agreements? ________________________________________________________________________ 3. Does your firm, subcontractors, associations to which you or they belong or unions with which you or your subcontractors have collective bargaining agreements a definite plan for creating career situations, training and employment for residents of the City of Reading, low income citizens, and minorities? _____________. If so, please include a copy of the plan with your formal bid and specify the number of individuals (from the groups referred to previously), to be placed in apprenticeship or other training situations. When is the program scheduled to begin?_______________ What portion of the program is already in operation? 4. What plans does your firm have to utilize business concerns located in, or owned in substantial part by persons residing in the City? 2023 ROAD PROGRAM (CONTRACT 1) 36 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 will be 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, restrooms and washrooms, restaurants and other eating areas, timeclocks, 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 explicit 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 certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Note: The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001. DATE: _________________, BY: ______________________________ ________________________________ (NAME OF BIDDER) (TITLE) OFFICIAL ADDRESS: 2023 ROAD PROGRAM (CONTRACT 1) 37 CONTRACTOR'S STATEMENT FOR PUBLIC DISCLOSURE * 1. a/ Name of Contractor: b/ Address and Zip Code of Contractor: 2. If the Contractor is not an individual doing business under his own name, the Contractor has the status indicated below and is organized or operating under the laws of _________: _____ a corporation _____ a partnership known as: _____ a business association or a joint venture known as: _____ a Federal, State or Local government or instrumentality thereof _____ other (explain) 3. If the Contractor is not an individual or a government agency or instrumentality, give date of organization:_____________________________ 4. Names, addresses, title of position (if any), and nature and extent of the interest of the officers and principal members, shareholders, investors other than a government agency or instrumentality, are set forth as follows: a/ If the Contractor is a corporation, the officers, directors, trustees, and each stockholder owning more than 10% of any share of stock. b/ If the Contractor is a partnership, each partner, whether a general or limited partner, and either the percent of interest or a description of the character and extent of interest. c/ If the Contractor is a business association or a joint venture, each participant and either the percent of interest or a description of the character and extent of interest. d/ If the Contractor is some other entity, the officers, the members of the governing body, and each person having an interest of more than 10%. * If space on this form is inadequate for any requested information, this should be furnished on an attached page which is referred to under the appropriate numbered item on the form. 2023 ROAD PROGRAM (CONTRACT 1) 38 Page 2 Contractor's Statement for Public Disclosure POSITION TITLE (if any) AND PERCENT OF INTEREST OR DESCRIPTION OF NAME, ADDRESS & ZIP CODE CHARACTER AND EXTENT OF INTEREST 5. Name, address and nature and extent of interest of each person or entity (not named in response to Item 4) who has a beneficial interest in any of the shareholders or investors named in response to Item 5 which gives such person or entity more than a computed 10% interest in the Contractor (for example, more than 20% of the stock in a corporation which holds 50% of the stock of the Contractor, or more than 50% of the stock in a corporation which holds 20% of the stock of the Contractor). DESCRIPTION OF CHARACTER NAME, ADDRESS & ZIP CODE AND EXTENT OF INTEREST 6. Names (if not given above) of officers and directors or trustees of any corporation or firm listed under Item 4 or Item 5 above: 7. Is the Contractor a subsidiary of or affiliated with any other corporation or any other firm or firms? ___ YES ___ NO. If yes, list each such corporation or firm by name and address, specify its relationship to the Contractor, and identify the officers and directors or trustees common to the Contractor and such other corporation or firm: 8. Other federal grant projects under Title I of the Housing and Community Development Act of 1974 (CP.L.93-383), as amended, in which the Contractor or any of the principals of the Contractor is or has been the contractor, or a stock-holder, officer, director or trustee, or partner of such a contractor: 9. If the Contractor or a parent corporation, a subsidiary, an affiliate or a principal of the Contractor is to participate in the work or services as a Subcontractor or consultant: a/ Name and address of such Subcontractor or consultant: b/ Has such Subcontractor within the last 10 years ever failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, or failed to complete a contract? ___YES ___ NO. If yes, explain: 2023 ROAD PROGRAM (CONTRACT 1) 39 Page 3 Contractor's Statement for Public Disclosure c/ Outstanding contract bids of such Subcontractor or consultant: Awarding Agency Amount Date Opened $ 10. Brief statement respecting equipment, experience, financial capacity, and other resources available to such Subcontractor or consultant for the performance of the work or services involved in the contract, specifying particularly the qualifications of the personnel, the nature of the equipment, and the general experience of the Subcontractor or consultant. 11. a/ Does any member of the governing body or employee of the Local Public Agency or any officer or employee of the Local Public Agency who exercises any functions or responsibilities in connection with the awarding and/or carrying out of the contract have any direct or indirect personal interest in the Contractor or in the Contractor's performance under the contract? ___YES ___NO. If yes, explain: b/ Does any member of the governing body of the locality in which the Public Improvement Project is situated or any other public official of the locality, who exercises any functions or responsibilities in the review or approval of the awarding and/or carrying out of the contract have any direct or indirect personal interest in the Contractor or in the Contractor's performance under the contract? ___YES ___NO. If yes, explain: 2023 ROAD PROGRAM (CONTRACT 1) 40 CERTIFICATION I (We) ______________________________________________________________ certify that this Contractor's Statement for Public Disclosure is true and correct to the best of my (our) knowledge and beliefs. DATED: ___________________ DATED: __________________ ___________________________ _________________________ (SIGNATURE) (SIGNATURE) ___________________________ _________________________ (TITLE) (TITLE) ___________________________ _________________________ (ADDRESS & ZIP CODE) (ADDRESS & ZIP CODE) 1 - If the Contractor is an individual, this Statement should be signed by such individual; if a partnership, by one of the partners; if a corporation or other entity, by one of its chief officers having knowledge of the facts required by this Statement. 2 - Penalty For False Certification: Section 1001, Title 18, of the U.S.C. provides a fine of not more than $10,000, or imprisonment of not more than five years, or both, for knowingly and willfully making or using any false writing or document, knowing the same to contain any false, fictitious or fraudulent statement or entry in a matter within the jurisdiction of any Department of the United States. 2023 ROAD PROGRAM (CONTRACT 1) 41 (ONLY AS NEEDED) CERTIFICATE OF ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM THE CITY OF READING ADDENDUM NO. _______________ TO BID FOR: _________________________________ _________________________________ OPENING DATE:__________________ NOTICE This addendum must be signed, attached to, and returned with your proposal to the City of Reading by the time and date indicated above. This sheet is now part of the Contract Documents. I, HEREBY CERTIFY, THAT THE CHANGES COVERED BY THIS ADDENDUM HAVE BEEN TAKEN INTO ACCOUNT WITH THE TOTAL BID PRICE. Firm Name (Type or Print)_______________________________________ Authorized Signature _____________________Title__________________ Name (Type or Print)_____________________Date___________________ 2023 ROAD PROGRAM (CONTRACT 1) 42 CONTRACT DOCUMENTS 2023 ROAD PROGRAM (CONTRACT 1) 43 C O N T R A C T NOTE; This contract is not to be filled in until contract is awarded. THIS AGREEMENT, made and concluded this _______________ day of ______________, in the year two thousand and ______, by and between the City of Reading, a municipal corporation of the Commonwealth of Pennsylvania, located in the County of Berks, said Commonwealth, party of the first part, and ____________________, Contractor, party of the second part, pursuant to law and to the provisions and requirements of the ordinance of the City of Reading, Pennsylvania. WITNESSETH, that the parties to these presents, each in consideration of the agreements on the part of the other herein contained, have agreed, and hereby do agree, the party of the first part for itself, its successors and assign, and the party of the second part for itself, himself, or themselves, its successors, or his or their executors and administrators as follows: CONTRACTOR'S GENERAL AGREEMENT. The Contractor covenant, promises and agrees to and with the party of the first part, for the consideration hereinafter mentioned and contained, and under the penalty expressed in a bond bearing date of ________________ and hereto attached, to furnish all the material, machinery, equipment, tools, labor and transportation, except as hereinafter otherwise provided, at his own cost, necessary or proper for the purpose of executing the work embraced in this contract in a good, substantial and workmanlike manner, and in strict accordance with the specifications pertaining to this contract a herein contained. PARTS OF CONTRACT. The Location Map; Notice to Contractors; Bid Instructions; Documents to be Submitted with Bid; Contract Documents; Documents to be Submitted During the Course of the Contract; Wage Rate Determinations; Notice of Preconstruction Requirements and Pre-Construction Conference Questionnaire; Affirmative Action Requirements; General Provisions; Supplementary General Terms and Conditions; Technical Specifications; Supplementary Technical Specifications; and Correspondence and Supportive Documentation shall each form a part of the Contract. THE CONTRACT SUM. The City shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein, in current funds as follows:____________ ______________________________________________________ (state here the lump sum amount, unit prices, or both as desired in individual cases.) Where the quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the Contract to prevent such hardship. TIME & MANNER OF DOING WORK. The party of the second part agrees to commence the construction of the work to be done under this contract, immediately upon receiving written notice from the Director of Public Works, or other applicable Director, so to do and to complete the entire work as specified in the technical specifications, it being expressly agreed and understood that the time of beginning, rates of progress and time of completion of the work are essential under this contract. Time is to be considered to be the essence of this contract. Substantial completion of paving by October 31, 2023 and substantial completion of curb ramp construction by August 31, 2024 STIPULATED DAMAGES. The Contractor shall begin work within ten (10) days of receipt of written notice from the applicable Director, to do so. If the Contractor fails to complete and finish the work in conformity with the terms and provisions of this Contract within the time hereinbefore specified, he shall pay to the City the sum of Five Hundred Dollars ($500.00) for each and every day thereafter, including Sundays and holidays, that the finishing of the Contract is delayed, which sum shall be construed as stipulated and liquidated damages and not as a penalty and shall be deducted from the amount due by the terms of the Contract; provided, however, that in case of justifiable delay, the City shall extend the time for completion of said work as provided for in Article G.7, but no extension of time for any reason 2023 ROAD PROGRAM (CONTRACT 1) 44 beyond the time fixed herein for the completion of the work shall be deemed a waiver by the City of the right to abrogate this Contract for abandonment for delay. LIENS. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the City a complete release of all liens arising out of this Contract, or receipts in full in lien thereof, and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and material for which a lien could be filed. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. BASIS OF CONTRACT. This contract is founded on __________________________________ ____________________________________________________________________________________ IN WITNESS WHEREOF, the said City of Reading has caused this Agreement to be executed by its Mayor, and its corporate seal to be hereunto affixed, duly attested by its City Clerk, and the party of the second part. ____________________________________________________________ ____________________________________________________________ the day and year first above written. CITY OF READING By: __________________________ Mayor ATTEST: _______________________ City Clerk Signed and Sealed in the Presence of ____________________________________________________________________________________ CONTRACTOR ____________________________________________________________________________________ PRESIDENT ____________________________________________________________________________________ SECRETARY 2023 ROAD PROGRAM (CONTRACT 1) 45 PERFORMANCE BOND Know All Men By These Presents that we, _____________________________________ (CONTRACTOR) hereinafter called the PRINCIPAL, and ________________________________________ (SURETY) hereinafter called the SURETY, a corporation organized and existing under the laws of the _________________________________________ are held and firmly bound unto ________________________________ hereinafter called the OBLIGEE, as hereinafter set forth, in the full and just sum of ____________________________Dollars ($__________), lawful money of the United States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WITNESSETH THAT: WHEREAS, the PRINCIPAL heretofore submitted to the OBLIGEE a certain PROPOSAL, dated ______________, 20____, to perform the WORK for the OBLIGEE, in connection with the __________________________________________________as set forth in CONTRACT DOCUMENTS. WHEREAS, the OBLIGEE is a "contracting body" under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known and cited as the "Public Works Contractors Bond Law of 1967" (the "Act"); and WHEREAS, the Act, in Section 3(a), requires that, before an award shall be made to the PRINCIPAL by the OBLIGEE in accordance with the PROPOSAL, the PRINCIPAL shall furnish this BOND to the OBLIGEE, with this BOND to become binding upon the award of the CONTRACT to the PRINCIPAL by the OBLIGEE in accordance with the PROPOSAL; and WHEREAS, it also is a condition of the CONTRACT DOCUMENTS that this BOND shall be furnished by the PRINCIPAL to the OBLIGEE; and WHEREAS, under the CONTRACTOR DOCUMENTS, it is provided inter alia, that if the PRINCIPAL shall furnish this BOND to the OBLIGEE, and if the OBLIGEE shall make an award to the PRINCIPAL, in accordance with the PROPOSAL, then the PRINCIPAL and OBLIGEE shall enter into a CONTRACT with respect to performance of the WORK, the form of which CONTRACT is set forth in the CONTRACT DOCUMENTS. NOW, THEREFORE, the terms and conditions of this BOND are and shall be that if the PRINCIPAL will truly and faithfully comply with and perform the WORK in accordance with the CONTRACT DOCUMENTS, at the time and in the manner provided in the CONTRACT DOCUMENTS, and if the PRINCIPAL shall satisfy all claims and demands incurred in or related to the performance of the WORK by the PRINCIPAL, and if the PRINCIPAL shall indemnify completely and shall hold harmless the OBLIGEE and all of its officers, agents and employees from any and all costs and damages which the OBLIGEE and all of its officers, agents and employees may sustain or suffer by reason of the failure of the PRINCIPAL to do so, and if the PRINCIPAL shall reimburse completely and shall pay to the OBLIGEE any and all costs and expenses which the OBLIGEE and all of its officers, agents or employees may incur 2023 ROAD PROGRAM (CONTRACT 1) 46 by reason of any such default or failure of the PRINCIPAL, then this BOND shall be void; otherwise, this BOND shall remain in force and effect. This BOND, is executed and delivered under and subject to the Act, to which reference hereby is made. The PRINCIPAL and the SURETY agree that any alterations, changes and/or additions to the CONTRACT DOCUMENTS, and/or any alterations, changes and/or additions to the WORK to be performed in accordance with the CONTRACT DOCUMENTS, and/or any alterations, changes and/or additions to the CONTRACT , and/or any giving by the OBLIGEE of any extensions of time for the performance of the WORK in accordance with the CONTRACT DOCUMENTS, and/or any act of forebearance of either the PRINCIPAL or the OBLIGEE toward the other with respect to the CONTRACT DOCUMENTS, and/or the reduction of any percentage to be retained by the OBLIGEE as permitted by the CONTRACT DOCUMENTS, shall not release, in any manner whatsoever, the PRINCIPAL and the SURETY, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this BOND; and the SURETY, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forebearance and/or reduction of retained percentage. IN WITNESS WHEREOF, the PRINCIPAL and the SURETY cause this BOND to be signed, sealed and delivered this_____________________ day of________________________,20____. (INDIVIDUAL PRINCIPAL) __________________________________ (Seal) (Signature of Individual) Witness: _______________________________ Trading and Doing Business as: ___________________________________ 2023 ROAD PROGRAM (CONTRACT 1) 47 (PARTNERSHIP PRINCIPAL) ___________________________________ (Seal) (Name of Partnership) Witness: ____________________________ By:________________________________ (Seal) (Partner) Witness: ____________________________ By:________________________________ (Seal) (Partner) Witness: ____________________________ By:________________________________ (Seal) (Partner) (CORPORATION PRINCIPAL) ________________________________________ (Name of Corporation) By:_____________________________________ (Vice) President Attest: _____________________________________ (Assistant Secretary) (Corporate Seal) (OR, IF APPROPRIATE) ________________________________________ (Name of Corporation) By:_____________________________________ (Authorized Representative) Signed ______________________________ ____________________________________ 2023 ROAD PROGRAM (CONTRACT 1) 48 (Title) (CORPORATION SURETY) ____________________________________ (Name of Corporation) By:_________________________________ (Attorney-In-Fact) Witness: _____________________________________ (Corporate Seal) ** Attach an appropriate Power of Attorney, valid and in effect as of the date of this affidavit, evidencing the authority of the Attorney-In-Fact to act in behalf of the corporation. 2023 ROAD PROGRAM (CONTRACT 1) 49 PAYMENT BOND Know All Men by These Presents: That We, __________________________ (CONTRACTOR) hereinafter called the PRINCIPAL, and __________________________ (SURETY) hereinafter called the SURETY, a corporation organized and existing under laws of the ________________ of _______________ are held and firmly bound unto ________________, hereinafter called the OBLIGEE, as hereinafter set forth, in the full and just sum of ______________________________ dollar (__________), lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Witnesseth That: WHEREAS, the PRINCIPAL heretofore submitted to the OBLIGEE a certain PROPOSAL, dated ___________, 20 __, to perform the WORK for the OBLIGEE, in connection with the _______________________________________________________ as set forth in the CONTRACT, DOCUMENTS; and _______________ Public Works, City of Reading, Pennsylvania. WHEREAS, the OBLIGEE is a "contracting body" under provisions of the Act of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the "Public Works Contractors" Bond Law of 1967", P L 869 (the Act"): and WHEREAS, the Act, in section 3(a), requires that, before an award shall be made to the PRINCIPAL by the OBLIGEE in accordance with the PROPOSAL, the PRINCIPAL shall furnish this BOND to the OBLIGEE, with this BOND to become binding upon the award of a CONTRACT to the PRINCIPAL by the OBLIGEE in accordance with the PROPOSAL: and WHEREAS, it also is a condition of the CONTRACT DOCUMENTS that this BOND shall be furnished by the PRINCIPAL to the OBLIGEE; and WHEREAS, under the CONTRACTOR DOCUMENTS, it is provided, inter alia, that if the PRINCIPAL shall furnish this BOND to the OBLIGEE, and if the OBLIGEE shall make an award to the PRINCIPAL in accordance with the PROPOSAL then the PRINCIPAL and the OBLIGEE shall enter into a CONTRACT with respect to performance of the WORK, the form of which CONTRACT is set forth in the CONTRACT DOCUMENTS. NOW, THEREFORE, the terms and conditions of this BOND are and shall be that if the PRINCIPAL and any SUBCONTRACTOR of the PRINCIPAL to whom any portion of the WORK shall be subcontracted, and if all assignees of the PRINCIPAL and of any such SUBCONTRACTOR, promptly shall pay or shall cause to be paid, in full all money which may be due any claimant supplying labor or materials in the prosecution and performance of the WORK in accordance with the CONTRACT DOCUMENTS, including any amendment, extension or addition to the CONTRACT DOCUMENTS, for material furnished or labor supplied or labor performed, then this BOND shall be void; otherwise, this BOND shall be and shall remain in force and effect. This BOND, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the PRINCIPAL or to any SUBCONTRACTOR of the PRINCIPAL in the prosecution of the WORK covered by the CONTRACT DOCUMENTS, including any amendment, extension or addition thereto. The term "claimant", where used herein and as required by the Act, shall mean any individual, firm, partnership, association or corporation. The phrase "labor or materials", when used herein and as required by the Act, shall include public utility services and reasonable rentals of equipment, but only for periods when he equipment rented is actually used at the site of the WORK covered by the CONTRACT. As required by the Act, the provisions of this BOND shall be applicable whether or not the material 2023 ROAD PROGRAM (CONTRACT 1) 50 furnished or labor performed enters into and becomes a component part of the public building, public work or public improvement contemplated by the CONTRACT DOCUMENTS. As provided and required by the Act, the PRINCIPAL and the SURETY agree that any claimant, who has performed labor or furnished material in the prosecution of the WORK in accordance with the CONTRACT DOCUMENTS, including any amendment, extension or addition to the CONTRACT DOCUMENTS, and who has not been paid therefore, in full, before the expiration of ninety (90) days after the last day on which such claimant performed the last of such labor or furnished the last of such materials for which payment is claimed, may institute an action upon this BOND, in the name of the claimant, in assumpsit, to recover any amount due the claimant for such labor or material, and may prosecute such action to final judgment and may have execution upon the judgment; provided, however, that: (a) Any claimant who has a direct contractual relationship with any SUBCONTRACTOR of the PRINCIPAL, but has no contractual relationship, express or implied, with the PRINCIPAL, may institute an action upon this BOND only if such claimant first shall have given written notice, served in the manner provided in the Act, to the PRINCIPAL, within ninety (90) days from the date upon which such claimant performed in the last of the labor or furnished the last of the materials for which payment is claimed, stating, with substantial accuracy, the amount claimed and the name of the person for whom the WORK was performed or to whom the material was furnished; and (b) No action upon this BOND shall be commenced after the expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, for the payment of which such action is instituted by the claimant; and (c) Every action upon this BOND shall be instituted either in the appropriate court of the County where the WORK is to be performed or of such other County as Pennsylvania statutes shall provide, or in the United States District Court for the district in which the PROJECT, to which the CONTRACT relates, is situated, and not elsewhere. This BOND is executed and delivered under and subject to the Act, to which reference hereby is made. The PRINCIPAL and the SURETY agree that any alterations, changes and/or additions to the CONTRACT DOCUMENTS, and/or any alterations, changes and/or additions to the WORK to be performed in accordance with the CONTRACT DOCUMENTS, and/or any alterations, changes and/or additions to the CONTRACT, and/or any given by the OBLIGEE of any extensions of time for the performance of the WORK in accordance with the CONTRACT DOCUMENTS, and/or any act of forebearance of either the PRINCIPAL or the OBLIGEE toward the other with respect to the CONTRACT DOCUMENTS, and/or the reduction of any percentage to be retained by the OBLIGEE as permitted by the CONTRACT DOCUMENTS, shall not release, in any manner whatsoever, the PRINCIPAL and the SURETY, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this BOND; and the SURETY for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forebearance and/or reduction of retained percentage. If the PRINCIPAL is a foreign corporation (incorporated under the laws other than those of the Commonwealth of Pennsylvania) then further terms and conditions of this BOND are and shall be that the PRINCIPAL or the SURETY shall not be discharged from liability on this BOND, nor this BOND surrendered until such PRINCIPAL files with the OBLIGEE a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all bonus taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor and Industry, evidencing the payment of all unemployment compensation, contributions, penalties and interest due the Commonwealth from said PRINCIPAL or any foreign corporation,