1-2026-04-06 - MS-944 Proposal Contract for Water Main Break Restoration.pdf

This document is a MODIFIED version of EJCDC® C-111, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

WEST EARL TOWNSHIP

WATER MAIN BREAK RESTORATION

ADVERTISEMENT FOR BIDS

Sealed Bids for final restoration work associated with a water main break repair will be received online by West Earl Township via the PennBid Program until 10 am local time on Wednesday, April 22, 2026 at which time the Bids will be made available online.

Bids will be received for a single prime Contract. Bids shall be on a unit price basis.

All Bidding Documents are available at no cost at https://pennbid.bonfirehub.com/.

Bid Security in the amount of 10% of the Bid amount, the Workmen’s Compensation Affidavit, Public Works Employment Verification Form and an Anti-Collusion Affidavit must accompany the Bid in accordance with the Instructions to Bidders.

Bids shall remain open for a period of 60 days from the date of Bid opening. Bids may not be withdrawn during this period. The successful Bidder(s) shall be required to furnish performance and payment bonds in the amount of 100% of the Contract Price in accordance with the Proposal and Contract Instructions – Form 944.

As a local highway project with an estimated cost of less than $100,000, this project is not subject to the Pennsylvania Department of Labor and Industry Prevailing Wage Rates per PA Act 89.

West Earl Township hereby reserves the right to reject any and/or all bids submitted or any part thereof or item therein. The Owner also reserves the right to waive any defects, errors, omissions, irregularities, or informalities in bids received.

+ + END OF ADVERTISEMENT FOR BIDS + +

https://pennbid.bonfirehub.com/

MS-944 (7-09)

TIME

, on the above Letting Date. BIDS RECEIVED IN ANY OTHER WAY OTHER THAN

TIME VIA THE ONLINE PENNBID PROGRAM WILL BE REJECTED.

and specifications on file at as well as the supplements complete all work within calendar days.

3 Accompanying this proposal is a certified check or bid bond in the amount of made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirements of the proposal.

B. PROPOSAL OF:

1 The only person interested in the proposal as principal (s) is (are):

2 None of the above persons are employees of the municipality.

3 This proposal is made without collusion with any other person, firm or corporation.

THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS

ADDRESS

A. DEPOSIT OF PROPOSALS.

Sealed Proposals will be received on or before

All envelopes containing Bid proposals shall be clearly marked “Bid Proposal for letting of

PROPOSAL AND CONTRACT

( WHEN EXECUTED )

Jenna Reigle

SECRETARY

DATE

on the above Letting Date.

157 West Metzler Road

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It is hereby certified as follows:

NAME / ADDRESS OF CONTRACTOR

CONTRACTORS CERTIFICATION

All plans and specifications referred to above and the site of the work have been examined by the contractor. The contractor understands that the quantities indicated herein are approximate and are subject to change as may be required; and that all work is payable on the basis of the unit price listed on the Schedule of Prices. (Attachment 1).

If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed, or as otherwise provided in the special requirements, and will

10% of the bid

West Earl Township see attachment 1-A

Brownstown, PA 17508

10:00 a.m.

The contractor proposes to furnish and deliver all materials ( including Form CS-4171, CERTIFICATE OF

COMPLIANCE and/ or TR-465 DAILY BITUMINOUS MIXTURE CERTIFICATION ) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and special requirements contained herein and/ or attached hereto and current PennDOT Specifications

(Publication 408), except (a) bidders need not be prequalified by PennDOT (Sec.102.01), and (b)

Volumetric testing of bituminous paving materials is not required (Sec. 409).

INSTRUCTIONS ON PAGE 4

Bids will be opened and read at approximately

April 22, 2026

10:00 a.m.

West Earl Township

MUNICIPALITY (NAME & TYPE)

BY: DATE:

TITLE:

DATE:

TITLE:

TITLE:

BY:

TITLE:

BY:

TITLE:

TITLE:

DATE

West Earl Township

The contractor will comply with all requirements of the laws and implementing regulations of the Commonwealth of Pennsylvania and the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof, and a payment bond, conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, in accordance with the Public Works Contractors’ Bond Law of 1967; and an affidavit accepting the provisions of the Workmen’s Compensation Act of 1915, as amended.

CONTRACTOR

WITNESSED OR ATTESTED BY:

TO BE EXECUTED ONLY IN THE EVENT THE ABOVE PROPOSAL IS ACCEPTED

ACCEPTED ON :

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ATTESTED BY:

MUNICIPALITY

BY:

SEAL

County:

LS Mobilization

LS

SY

SY

SF

LF

EA

SUBTOTAL

EACH MUST BE INCLUDED.

40 Plain Cement Concrete Curb

OPTION 1 OR PHASE 1 BID TOTAL

OPTION 2 OR PHASE 2 BID TOTAL

Inlet Box Replacement, including all pipe reconnections

ESCALATOR CLAUSE:( if adopted by Municipality.)

The Municipality has not adopted an escalator clause.

Item

1 No.

Approximate

2 Quantities

Unit

*Description

Unit

5 Price

- 3 -

Maintenance and Protection of Traffic 2 1

3 175

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

SUBTOTAL FROM OTHER ATTACHMENTS

BID TOTAL FOR A NON OPTION / PHASE BID

4 251

Superpave Wearing Course, PG 64S-22, 0.3 to 3 million ESALs, 12.5 mm, SRL-E, 2” Depth, including milling & pavement markings

OPTION 3 OR PHASE 3 BID TOTAL

ATTACHMENT 1

TO MS - 944 ( PROPOSAL AND CONTRACT MS - 944 )

Lancaster Municipality: West Earl Township

Project Number: 53-136

LOCATION OF WORK:

5 80 Cement Concrete Sidewalk

Superpave Base Course, PG 64S-22, 0.3 to 3 million ESALs, 25.0mm, 6” Depth, including temporary pavement removal

1 1

T H

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P

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T

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O B

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P L

E T

E D

B Y

T H

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A L

IT

Y

Intersection of S.R. 0772 (S. State Street) and Locust Street (T-795) in West Earl Township.

DESCRIPTION OF WORK:

As indicated below and in Attachment 1-A, Special Conditions, Highway Occupancy Permit, Details, and the Sketch Plan.

Total

SCHEDULE OF PRICES

2 If more than one proposal on any project is submitted by an individual, firm or partnership, corporation or association under the same or different names, only one lowest proposal will be considered.

3 Description of Work- - -

A. If additional space is needed, insert appropriately numbered attachment and note “Continued on attached work sheets."

4 Part A of Page 1 to be completed by municipality. Part B of Page 1 to be completed by contractor.

Schedule of Prices - Column #1 (Item), #2 (Approximate quantities), #3 (Unit, i.e., ton, square yard, linear feet, etc.) And #4 (Description, i.e. , bituminous materials - 9.5 mm S & L, 12.5 mm Wearing,

25.0 mm Base Course, etc.) Must be filled in by the municipality to insure equitable bidding.

Columns #5 (Unit Price), #6 (Total) and total amount of bid, must be filled in by the contractor.

If more space is needed, add note at the bottom of the page; “Continued on Attachment No. 1-A”, and add additional sheet designated as Attachment No. 1-A, 1-B, etc.. Repeat for each additional sheet required.

As required by Publication 408, Section 102.06(e),each bidder must submit a completed Form 7126 - Anti-Collusion Affidavit with its bid proposal.

5 If liquidated damages are to be assessed, add the following sentence to Part A #2. If all work is not completed on time, liquidated damages will be assessed at the rate of $870.00 per additional working day.

(OR “. . . as set forth in the attached schedule.”)

6 Payment and Performance bonds are provided only by the successful bidder. Contracts from $4,000.00 up to $5,000.00 in Second Class Townships - performance bond must be not less than 10% or greater than 100% of amount of contract.

Contracts greater than $1,500.00 up to $10,000.00 in First Class Townships, Boroughs and Third Class Cities - bonds must be between 50 % to 100% of the contract amount. Contracts in excess of $5,000.00 in Second Class Townships and in excess of $10,000.00 in First Class Townships, Boroughs and Third Class Cities - bonds must be in 100% of the amount of the contract. Bond Forms MS-944 Attachments 2 and 3 and Workmen’s Compensation Affidavit - Attachment 4 must be submitted by the successful bidder within 20 days of the contract award. Failure to submit the bonds shall constitute grounds to cancel the contract.

7 *Construction projects, where the estimated cost of the total project exceeds $25,000, are subject to the provisions of the Pennsylvania Prevailing Wage Act 442. It is the responsibility of the municipality to obtain the Prevailing Wage Scale for the area and include it in the proposal. If the Prevailing Wage Act applies, this fact shall be noted in the advertisement.

On projects utilizing Federal Revenue Sharing Funds, if the project cost exceeds $2,000 and is financed with 25% or more Federal Revenue Sharing Funds, the Davis Bacon Act applies. Again, it is the responsibility of the municipality to obtain the Davis Bacon Wage Rates, include them in the proposal and note the fact in the advertisement. If both acts are applicable, The Davis Bacon Act has preference over the Pennsylvania Prevailing Wage Act.

8 An ESCALATOR CLAUSE is optional; if used, it must be included in the proposal prepared by the municipality. An escalator clause may not be inserted by the contractor.

*(1961, Aug. 15, P.L. 987; 43 P.S. 165)

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PROPOSAL AND CONTRACT INSTRUCTIONS- FORM 944

The proposal must be typewritten or printed.

x Traffic Control and Safety Devices to be provided by the Contractor.

x Delivery tickets for all materials.

x CS-4171 Certificate of Compliance and/ or TR-465 Daily Bituminous Mixture Certification required for all materials.

x five working days prior to start of project.

x 7/30/2026 . After 7/30/2026 the rate of $ 870.00 per calendar day.

x Roadway to be power broomed by (contractor x municipality )prior to start of project.

x Excess material to be removed by (contractor x municipality .)

x Municipality to inspect project.

x Need Bill of Lading for each shipment of bituminous material per Section 702.1(c) of Specifications 408.

x Tack Coat required per Section 460, or 409 for superpave, of Specifications 408 and is incidental to paving item unless noted otherwise.

Prime Coat required per Section 461 of Specifications 408.

x Bituminous Seal on all abutting pavement and curbs required.

x Saw cut or Milled Paving Notch required and incidental to paving item unless noted otherwise.

Scratch/ Leveling Courses to be placed at the discretion of appointed inspector(s).

x Municipality reserves the right to limit work completed.

Taper pavement the last 3 feet to curb.

For FOB Source bids, hauling distance will determine selection of bid award.

Municipality reserves the right to procure material which best suits their requirements after all bids and items are reviewed.

x Incidental Preparation and clean up required. ( Project Construction Materials ) x The municipality reserves the right to make an award on the basis of the aggregate total for all like items on which quotations are received.

x Provide design, which meets Specifications Form 408 to the municipality 5 days prior to start of work.

x Contractor responsible for defects that occur within one year of applications.

Contractor required to review proposed project with Municipality’s Representative prior to bidding.

Oil Samples required from each distributor truck by contractor (1) one quart : A.M. & P.M. and witnessed by municipality and retained by municipality. (Oil samples must be placed in an approved type container that is compatible with oil sample.)

At least three random stone samples to be taken by contractor on project site witnessed by municipality and retained by municipality.

Complete all testing in accordance with Specification Form 408 Section 409 except for superpave volumetric testing.

x Notice to Proceed will be the date of Contract acceptance.

x Final Completion Certificate & Notice of Completion required.

x Future award of Contract will be based on quality of work as determined by the municipality.

x Contractor to notify all residents of pending work to be performed.

x The Municipality reserves the right to accept or reject any and all proposals or portions thereof.

My signature signifies that I have read and understand the above special provisions to this contract, and by being authorized by this company to act as their authorized representative, and on their behalf hereby agree to adhere to any and all of the provisions pertaining to this contract.

Date

Notify the Municipality

(5-06) SPECIAL PROVISIONS TO CONTRACT MS-944 ( Attachment 1-A )

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and subcontractors must comply with all of the following provisions that are marked with an "X".

( Maintenance and Protection of Traffic to comply with current MUTCD, Publication 212 and Publication 213.)

Company Municipality

Contractor's Representative Municipality's Representative Date

Work to be completed on or before

West Earl Township

Liquidated damages apply at

Full width pavement with one pass required.

Water Main Break Restoration

Special Provisions

1. COMPLETION OF WORK: After starting work, the contractor shall work continuously, utilizing not less than the normal five (5) day week, excluding holidays, unless otherwise stated. He/She shall at no time cease operations for any reason other than inclement weather without the express permission of the

Engineer. Upon completion of the work, the contractor must supply to the municipality a completed MS-

NCP, Notice of Completion form, along with any other necessary supporting documents. This information should be supplied to the municipality within one month of completing the work.

2. SITE RESTORATION: The site restoration shall consist of the following work: (a) protect existing surfaces to the extent possible during construction and clean to existing conditions at a minimum; (b) grading adjoining ground to 4:1 max slopes; (c) furnishing and placing topsoil, seed, mulch and soil supplements in all areas of earth disturbance and all areas where concrete, asphalt, or stone is removed and not replaced; (d) prompt removal of debris and all site cleanup. The site restoration area shall include all areas disturbed as part of the water main repair and as part of this restoration work. All seeded areas must be fully established, free of weeds and surface irregularities, with coverage exceeding 70 percent.

Any re-seeding shall be completed as deemed necessary during the contract and maintenance period.

Payment for this item of work will be incidental to the contract.

3. MOBILIZATION: Mobilization and demobilization, assembling and setting up for all items of work, PA One

Call, storage areas (locations to be pre-approved with Township), sanitary and other facilities, as required by local and State laws and regulations. The cost of local permits and/or any other initial expense required for the start of work will be included in this item; including all required coordination and testing for the associated HOP permit, the submission of Shop Drawings and record drawings to the Borough

Engineer. The bid will be based on a lump sum basis to be paid based on the percentage of completion submitted. Once the project reaches 75% complete, the mobilization will be paid in full.

4. MAINTENANCE AND PROTECTION OF TRAFFIC: The maintenance of traffic will be the responsibility of the contractor. This includes all labor, materials and equipment necessary to maintain public roadway and pedestrian traffic, including flaggers, control and safety devices, control of dust, any necessary detour facilities and other special requirements for the safe and expeditious movement of traffic in accordance with PennDOT Publication 213 and all conditions of the associated HOP Permit. Traffic patterns must be returned to normal operations at the end of a workday. Any open excavation must be protected in accordance with Pub 408, Section 901.3(j) (full backfill and/or steel plates). The contractor shall provide notification to all homeowners and businesses affected by the work at least three (3) working days prior to beginning any excavation/demolition. The contractor shall coordinate all planned interruptions to traffic with the Township prior at least 5 days prior to commencing construction. It will be necessary to meet with the local police to outline the proposed traffic maintenance plan and to ascertain what assistance will be available for this purpose.

5. Superpave Base Course, PG 64S-22, 0.3 to 3 million ESALs, 25.0 mm, 6” Depth, including temporary pavement removal:

a. General: All labor, materials and equipment necessary for pavement installation as specified, including but not limited to: sawcut and removal of existing 8” temporary asphalt pavement, subgrade preparation, and placement of base course in accordance with the Sketch Plan, Details, and

Highway Occupancy Permit.

b. Materials: As specified in PennDOT Publication 408, Sections 313 (Base Course).

c. Construction Methods: As specified in PennDOT Publication 408, Sections 313 (Base Course).

d. Certifications: The contractor is responsible to ensure that the proper material is provided by supplying a copy of an approved PennDOT Bituminous Asphalt Mix design a minimum of five (5) working days prior to the start of the work. The contractor will also supply the Township with a daily bituminous material certification on a TR-465 or CS- 4171 form within twenty-four (24) hours of placing the bituminous material for each day’s placement.

6. Superpave Wearing Course, PG 64S-22, 0.3 to 3 million ESALs, 12.5 mm, SRL-E, 2” Depth, including milling and pavement markings:

e. General: All labor, materials and equipment necessary for pavement installation as specified, including but not limited to: milling 2” of existing asphalt material, tack coat, sealing all vertical joints, and placement of wearing course, and replacing all pavement markings in accordance with the Sketch Plan, Details, and Highway Occupancy Permit. The driveway restoration and tie-in will be paid for under this item.

f. Materials: As specified in PennDOT Publication 408, 413 (Wearing Courses).

g. Construction Methods: As specified in PennDOT Publication 408, 413 (Wearing Courses).

h. Certifications: The contractor is responsible to ensure that the proper material is provided by supplying a copy of an approved PennDOT Bituminous Asphalt Mix design a minimum of five (5) working days prior to the start of the work. The contractor will also supply the Township with a daily bituminous material certification on a TR-465 or CS- 4171 form within twenty-four (24) hours of placing the bituminous material for each day’s placement.

7. CONCRETE SIDEWALK:

a. General: All labor, materials and equipment necessary for concrete sidewalk installation as specified, including but not limited to: removal of existing temporary material, subgrade preparation, compacted stone base, forming, concrete placement and finishing, curing, and joint sealing (¾” width) in accordance with the Sketch Plan and Highway Occupancy Permit.

b. Materials: As specified in PennDOT Publication 408, Section 676 (Cement Concrete Sidewalk).

c. Construction Methods: In accordance with RC-67M and as specified in PennDOT Publication

408, Section 676 (Cement Concrete Sidewalk).

d. Certifications: The contractor is responsible to ensure that the proper material is provided by supplying a copy of an approved PennDOT Concrete Mix Design Form (TR-4221) a minimum of five (5) working days prior to the start of the work. The contractor will supply the Township with a CS- 4171 form within twenty-four (24) hours of placing the concrete material for each day’s placement.

8. CONCRETE CURB:

a. General: All labor, materials and equipment necessary for concrete curb installation as specified, including but not limited to: removal of existing material and asphalt, subgrade preparation, subbase stone, forming, concrete placement and finishing, curing in accordance with the Sketch

Plan and Highway Occupancy Permit. No differentiation in payment shall be made for depressed or transition curb.

b. Materials: As specified in PennDOT Publication 408, Section 630 (Plain Cement Concrete Curb).

c. Construction Methods: In accordance with RC-67M and as specified in PennDOT Publication

408, Section 630 (Plain Cement Concrete Curb).

d. Certifications: The contractor is responsible to ensure that the proper material is provided by supplying a copy of an approved PennDOT Concrete Mix Design Form (TR-4221) a minimum of five (5) working days prior to the start of the work. The contractor will supply the Township with a CS- 4171 form within twenty-four (24) hours of placing the concrete material for each day’s placement.

9. INLET BOX REPLACEMENT:

a. General: All all labor, materials and equipment necessary for replacing an existing inlet box with a with Standard Inlet Box (24” x 45”) and resetting the existing Type C Concrete Top Unit, including but not limited to: sawcut and removal of existing asphalt a minimum distance of 12” from the existing inlet, excavation, shoring and dewatering as needed, removal of existing inlet box, bedding (2A stone, 12” min), inlet box, re-connection of outgoing elliptical concrete pipe, setting inlet top unit, backfill, grouting, adjustment to finish grade, and all appurtenances required to complete the installation in accordance with the Sketch Plan and Highway Occupancy Permit. The contractor shall properly dispose of all removed materials.

b. Materials: As specified in PennDOT Publication 408, Section 605 (Endwalls, Inlets, Manholes, and

Spring Boxes).

c. Construction Methods: In accordance with RC-45M and RC-46M and as specified in PennDOT

Publication 408, Section 605 (Endwalls, Inlets, Manholes, and Spring Boxes).

d. Certifications: The contractor shall supply a product submittal a minimum of ten (10) working days prior to the start of the work for the inlet, grout, mortar, stone, and any other material proposed.

D-7126 ( 7-09 )

County

Municipality

Project Number

State of Fed. Project No.

( If Applicable )

The undersigned deponent deposes and says that he is the of the

BY

Sworn to and subscribed before me the undersigned notary public this day of , .

County of

ANTI-COLLUSION AFFIDAVIT

Lancaster

53-136

West Earl Township competitive bidding in connection with such contract.

into any agreement, participated in any collusion, or otherwise taken any action in restraint of free

Company; that he is authorized to make this

Publication 408, as amended and that the said company has not, either directly or indirectly, entered affidavit on behalf of said company in compliance with section 102.06 (e) of Department Specifications, Notary Public

My Commission expires

(Contractor)

Attachment 4

State of ) ) ss:

County of ) he has being duly sworn according to law deposes and says that they have it has accepted the provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with has his its supplements and amendments, and have insured their liability thereunder in accordance with the terms of said its

Act with .

( TYPE OR PRINT)

BY

day of A.D. 20 .

My Commission Expires

(SURETY COMPANY)

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

- 3 -

CONTRACTOR

SIGNATURE

Sworn to and subscribed before me this

( DATE )

SIGNATURE

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor Subcontractor (check one)

Contracting Public Body _______________________________________________________________

Contract/Project No ___________________________________________________________________

Project Description ____________________________________________________________________

Project Location ______________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, _________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

C-410A

DAMAGES FORM

EJCDC® C-435, Bid Bond (Damages Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name— Include Location):

BOND

Bond Number:

Date:

Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC

ENGINEERS JOINT CONTRACT

DOCUMENTS COMMITTEE

DAMAGES FORM

EJCDC® C-435, Bid Bond (Damages Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s Bid and the total amount of the Bid of the next lowest, responsible Bidder that submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2 In no event shall Bidder’s and Surety’s obligation hereunder exceed the penal sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC

ENGINEERS JOINT CONTRACT

DOCUMENTS COMMITTEE

Attachment 2

($ ) dollars

WHEREAS, the above bounden Principal has entered into a contract with the above Municipality, bearing even date herewith, for

It is further provided that any alteration which may be made in the terms of the contractor or its specifications with the express authorizing the same to be done on .

BY

TITLE:

TITLE:

TITLE:

PERFORMANCE BONDMS-944-S (7-09)

(NAME OF MUNICIPALITY)

in the full and just sum of

(NAME OF STATE)

are held and firmly bound unto

KNOW ALL MEN BY THESE PRESENTS, That we, as Surety as Principal and a corporation incorporated under the laws of the State of

(SURETY COMPANY)

(NAME AND ADDRESS OF CONTRACTOR)

(With Corporate Surety)

Attest / Witness:

IN WITNESS WHEREOF, the said Principal and Surety have duly executed this Bond under Seal, pursuant to due and legal action

NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal, as Contractor, shall in all lawful money to the United States of America, to be paid to the above Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

forebearance being hereby waived.

shall be and remain in full force, virtue and effect.

approval of the Municipality or the Principal to the other, shall not in any way release the Principal and the Surety or either or any of them, to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and shall well and truly, and in a manner satisfactory to the municipality fulfill all obligations as therein set forth, then this Obligation shall be void, but otherwise the same the undertaking of certain obligations as therein set forth.

respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the surety of any such alteration or

(DATE OF BOND)

- 1 -

CONTRACTOR

SURETY COMPANY

Attest / Witness:

PLACE

SEAL

HERE

PLACE

HERE

MS-944S

KNOW ALL MEN BY THESE PRESENTS, that we a corporation incorporated under the laws of the State of as SURETY, are held and firmly bond unto the , in the full and just sum of

($ )dollars, lawful money of the United States of America, to be paid to the said or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above municipality hereinafter called Obligee, bearing even date herewith, for the improvement of a certain section of highway or bridge in said Municipality consisting of:

for approximately the sum of: ($ ) dollars.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden PRINCIPAL shall and will promptly pay or cause to be paid in full all sums of money which may be due by contract or otherwise, to any individual, firm, partnership, association or corporation, for all material furnished or labor supplied or performed in the prosecution of the work, whether or not the said for material or labor entered into and became component parts of the work and for rental of the equipment used and services rendered by public utilities in, or in connection with the prosecution of such work, then this obligation to be void, otherwise to remain in full force and effect.

The PRINCIPAL and SURETY, hereby, jointly and severally, agree with the Obligee herein that any individual firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any public utility which has not been paid in full therefor, may sue in assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final for such sum or sums as may be justly due him, them or it, and have execution thereon. Provided, however, that the Obligee shall not be liable for the payment of any costs of expenses of such suit.

RECOVERY by any individual, firm, partnership, association or corporation hereunder shall be subject to the provisions of the “Public Works Contractors’ Bond Law of 1967", Act No. 385, approved December 20, 1967,P.L. 869, which Act shall be incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited.

It is further provided that any alterations which may be made in the terms of the contract or in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving by the Obligee of any extension of time for the performance of the contract or any other forebearance on the part of either the Obligee or the Principal to the other, shall not in any way release the PRINCIPAL and the SURETY or SURETIES of any such alteration, extension of forebearance being hereby waived.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal this ,20 .

WITNESS:

CONTRACTOR

BY:

SURETY COMPANY

TITLE: TITLE:

PAYMENT BOND Attachment 3 as PRINCIPAL and

- 2 -

WITNESS:

day of

TITLE:

PLACE

SEAL

HERE

PLACE

HERE

Insurance Requirements

The limits of liability for the insurance shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages:

State: Statutory

Federal, if applicable (e.g., Longshoreman’s): Statutory

Employer’s Liability:

Bodily injury, each accident $ 100,000.00

Bodily injury by disease, each employee $ 500,000.00

Bodily injury/disease aggregate $ 100,000.00

2. Contractor’s Commercial General Liability:

General Aggregate $ 2,000,000.00

Products - Completed Operations Aggregate $ 2,000,000.00

Personal and Advertising Injury $ 1,000,000.00

Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00

3. Automobile Liability:

Bodily Injury:

Each person $ 1,000,000.00

Each accident $ 2,000,000.00

Property Damage:

Each accident $ 1,000,000.00

OR

Combined Single Limit of $ 2,000,000.00

4. Excess or Umbrella Liability:

Per Occurrence $ 1,000,000.00

General Aggregate $ 2,000,000.00

5. Include as additional insureds the following:

Lancaster Civil Engineering Co.

Prior to the commencement of work, the Contractor shall provide the Owner with a current certificate of insurance showing the required coverage and provisions.

WATER MAIN BREAK

SKETCH PLAN

Project No: 53-136 Date: 4/6/2026 Drawn by: BSC/TJA Scale: 1"=20' Sheet No.: 1 of 1

Lancaster Civil P.O. Box 8972

Lancaster, PA 17604 www.lancastercivil.com p: 717-799-8599

PLACE HOLDER FOR HOP PERMIT

MS-NCP

MUNICIPALITY

Name of Contractor

Performance of work as specified on the above numbered contract is completed and final pavement inspection has been made by the contractor and municipality in accordance with the terms of the contract awarded.

DATE OF AWARD

Both copies of this form to be filled by the Contractor-Municipality on completion of final pavement restoration.

*DATE

period of one year from this date.

West Earl Township

Signature of Contractor

Signature of Municipality

* The contractor is responsible for maintenance of permanent pavement repairs for a

By the affixing of my signature I hereby certify that final

NOTICE OF COMPLETION

IN REFERENCE TO PROJECT # #REF!

accordance with the above contract # and is hereby accepted inspection has been made and all work has been performed in

FINAL COMPLETION CERTIFICATE

THIS PORTION TO BE COMPLETED BY MUNICIPALITY

Authorized Agent for the Municipality by the municipality as completed.

53-136