PROJECT CONTRACT DOCUMENTS

SHARON HILL BOROUGH ALLEYWAY

RESURFACING PROJECT

SHARON HILL BOROUGH

250 SHARON AVENUE

SHARON HILL, PA 19079

PREPARED BY

LIGHTHOUSE ENGINEERING, LLC

August 5, 2026

TABLE OF CONTENTS

01 – PROJECT COMPONENT - SETUP

Cover & Title Table of Contents Project Narrative Project Location Map

02 - PROJECT COMPONENT - SOLICITATION

NOTICE OF ADVERTISEMENT FOR BIDS

Bidders Instructions

2.1 - Bid Form with Signatures

2.2 - Anti-Collusion Affidavit, PennDOT Form - [D-7126, (7-09 )]

2.3 - Affidavit - Provisions of the Workmen's Compensation Act

2.4 - Bidder Qualifications - Statements, Affidavits and Questions

2.5 - Bid Bond

2.6 - Act 127 - “Public Works Employment Verification Form”

2.7 - Consent of Surety

2.8 Nondiscrimination/Sexual Harassment Clause

2.9 - Acknowledged Addenda

03 - PROJECT COMPONENT - DESIGN & SCOPE

Project Scope & Location Project Technical Specifications Project Plans

04 - PROJECT COMPONENT - AWARD

General Conditions of Contract Special Conditions of Contract

Insurance Certifications Performance Bonding Requirements

--PERFORMANCE BOND - BOND MS-944-S (7-09) - Attachment 2 --PAYMENT Bonding Requirements --PAYMENT BOND - MS-944S - Attachment 3

Hold Harmless Provisions Notice of Award

05 - PROJECT COMPONENT - CONSTRUCTION - DELIVERY

Project Schedule & Timeline Materials Suppliers & Submittals Videography “As-Built” Conditions of the Site Notice to Proceed Project Posting & Notice Weekly Payroll Certification for Public Works Forms

Change Order Form Equal Opportunity Employment Requirements Site Observations Daily Field Reports Payment Requests Prevailing Wage Rates

06 - PROJECT COMPONENT - CLOSEOUT

Maintenance Bonding Requirements Warranties for Materials Warranties for Work Notice of Acceptance - Completion of Project

NOTICE OF COMPLETION - MS-NCP

CERTIFICATE OF COMPLIANCE - CS-4171(11-09)

Project Narrative

Sharon Hill Borough Alleyway Resurfacing Project

Base Bid:

The total base bid will consist of the following improvements to the list of alleyways below. The contractor shall be in continuous communication with the Borough Staff and Engineer regarding any sudden changes in schedule.

High Street (West) 750’x16’

High Street (East) 750’x16’

Between Frances and Foster 586’x16’

Between Frances and Florence 652’x16’

Between Florence and Clifton 770’x16’

6 inch base course 200 tons

Variable width roadway to be milled (1 ½” depth) and overlaid (1 ½” depth) , including repairs of failed base pavement to be marked out in the field by the Engineer. Contractor to install a layer of a scratch/ leveling course as required based on field conditions.

All work, including but not limited to, trench replacement, stone placement, installation of roadway drainage swales, installation of leveling course, installation of super-elevations, parking lot restoration, roadway repair, gutter curb installation, roadway maintenance related items, and associated top soiling, seeding, and mulching are to be performed in accordance with the approved plans, details, specifications, and PennDOT specifications (Publication 408/2020, as amended). All areas of base repair, sub-base replacement, leveling course placement, drainage swale installations, and parking lot restoration shall be determined by the Engineer based on field conditions. **Base repair locations will be evaluated and marked following the milling of the roadway surface.

Add Alternate

The add alternate bid will consist of the following improvements to the below list of alleyways.

Between Burnside and Barker 950’x16’

East of Greenwood 667’x16’

Between Greenwood and Laurel 865’x16’

Between Laurel and Cherry 790’x16’

6 inch base course 150 tons

Project Location Map

02- PROJECT COMPONENT - SOLICITATION

Notice of Advertisement of Bids

Project Name - SHARON HILL BOROUGH ALLEYWAY REPAVING PROJECT

Sealed bids will be received, opened and considered by SHARON HILL Borough on August 26, 2026 at 10:00 via the PennBid Service. The bid results will be opened digitally on-line.

Plans, specifications, information for the bidders and forms for proposals may be obtained or examined on-line via the PennBid Service. This project is Sharon Hill Borough Alleyway Repaving Project. There is no fee to download and review the project materials. The awarded bidder is responsible for all fees due to the PennBid service.

SHARON HILL Borough is soliciting bids for the milling, base repair and overlay of selected alleyways throughout the Borough.

There is no physical public bid opening for this project, bids will be revealed via the PennBid website. All Bidding Documents are available online at no cost at www.PennBid.net. The successful bidder who is awarded the contract, will be required to pay "PennBid" a fee of 0.003333% or $100-$5,000 of the contract award value.

Each bid must be submitted online and must be accompanied by a certified check or bid bond equal to at least ten (10) percent of the total bid. Pennsylvania Prevailing Wage Rates are to be used during this contract. Borough Council reserves the right to accept or reject any or all proposals, or parts thereof, and to waive any informality in the bidding, as they deem in the best interest of the Borough.

Award of Contract will be to the lowest responsible bidder, but the Owner reserves the unqualified right to reject any or all bids and to waive any informalities.

This is a Prevailing Wage Project.

By Joy Taylor SHARON HILL Borough Manager

Bidders Instructions

1. ONLINE BID OPENING - NO PHYSICAL OPENING

Sharon Hill Borough requests bids to be received via the PennBid Program -https://pennbid.procureware.com/home. Bids are welcome until the posted deadline and will be received until the scheduled time via the web service. The Borough shall consider bids with the provisions below. Any bid may be withdrawn prior to the above scheduled time for the opening via a request submitted in writing.

2. UNDERSTANDING OF PROJECT SCOPE AND TERMS & CONDITIONS

The potential bidders are required to read and familiarize him/her/themselves with the operation and usage of the PennBid service, it is recommended, by not required to submit early, since technical issues may arise as a result from a high volume of submissions.

This request is made wholly via the PennBid Service, the bidders must review the plans, specifications and documents and understand the terms and conditions, scope, definitions, general and special conditions, applicable laws prior to the submission of a bid.

The bidder is recommended to visit the site and submit any questions or inquiries regarding the site characteristics, conditions or potential issues that may affect the installation of the project improvements.

Bidders may electronically modify or withdraw their bid at any time prior to the bid due date and time. Requests for withdrawal of bids after bid opening shall be made in accordance with Commonwealth of Pennsylvania Act No. 4 of 1974 (73 P.S. §1601, et seq.).

The bidder shall sign and complete the Bid Form Signature page properly in accordance with the below contract document, with the appropriate required materials by an officer of the bidding company, agency or proprietorship.

Pending the awarding of the Contract, bids may be retained by the Owner for a time not to exceed sixty

(60) days from the date of the receipt date for the purpose of reviewing the bids and investigating the qualifications of bidders. During this period, no bid may be withdrawn except in accordance with PA Act 4 of 1974, entitled the “Bid Withdrawal Act” (73 P.S. §1601 et seq.).

3. PENNBID PROGRAM

The bidder is made aware that the procurement process will take place entirely over the web application provided at: https://pennbid.procureware.com/home. Bidders are requested to review the project documents and specifications and familiarize themselves with the usage and interface. It is strongly encouraged and recommended that users read any tutorials and educate themselves on the use and operation of the PennBid service. Hard copies of the bid package will not be required to be submitted to the Borough Offices, nor will a physical bid opening occur.

4. QUESTIONS OF BIDDERS

There is a question and answer period for this project prior to the bid opening. Questions must be submitted, in writing, via the PennBid service, responses will be posted as soon as answers are available. Bidders are not permitted to contact the Borough staff, Engineering team or Project Managers directly. Any information provided without routing through PennBid will be considered unofficial.

No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing via PennBid’s “Questions” tab.

5. ADDENDA

The Borough reserves the right to post any addenda, changes or responses to questions via the PennBid service. Applicants will be notified via email of changes to the project documents or notifications or postings of any addenda or clarifications to the request for proposals. In addition, bidders will be required to submit an acknowledgement of any addenda to verify a complete understanding of the request for proposals and its associated documentation.

6. FORM OF BID

Bidders shall submit pricing and information via the digital data entry boxes and input forms listed on the PennBid service. Upon satisfactory award of the contract, a hard copy of the unit pricing or lump sum pricing will be provided for signatures by both the awarded contractor and the Borough. A transcription of the form of bid is provided below for clarity, the users must enter prices via the PennBid service.

7. SUBMISSION MATERIALS - REQUIRED

The following list of materials are required to be submitted with the full bid application. The bidder will find the associated forms, affidavit, statements and documents below to be executed at the time of submission of the bid.

-Bid Form with Signatures - MS 944 Form -Anti-Collusion Statement, PennDOT: [D-7126 (7-09)] -Affidavit Accepting Provisions of the Workmen's Compensation Act, MS-944-Att: 4 -Bidder Qualifications - Statements, Affidavits and Questions -Bid Bond (10%) -Act 127 - “Public Works Employment Verification Form” -Consent of Surety -Nondiscrimation/Sexual Harassment Form -Acknowledged Addenda

8. WITHDRAWLS

A Bidder is permitted to withdraw his bid only by written request prior to the scheduled time for the opening of the bids. No bidder is permitted to withdraw his bid after the bid opening, after which time his submission shall be considered a proprietary document of record retained by the owner for ninety (90) calendar days.

9. AWARD (REJECTION) OF BIDS

In the event that the Borough decides to award the contract, the contract shall be awarded to the most qualified bidder who has provided the lowest contract price. The choice or definition of “most qualified bidder” shall be at the discretion of the Borough engineer, Borough Solicitor and / or Borough Staff.

10. AWARD OF CONTRACT

Upon the receipt of the notice of award the contractor will be expected to fully execute four copies of the contract documents within 10 calendar days. The awarded contractor will not begin work or schedule delivery of materials to any site until he / she is in receipt of the notice to proceed.

1. AWARD OF CONTRACT

Upon the receipt of the notice of award, the contractor will be expected to fully execute the contract documents within 10 calendar days. The awarded contractor will not begin work or schedule delivery of materials to any site until he/she is in receipt of the notice to proceed.

Sharon Hill

250 Sharon Avenue Sharon Hill , PA 19079

Joy Taylor 10:00AM on Sealed Proposals will be received on or before the 26st of August, 2026

All Bid Proposals shall be clearly marked “Bid Proposal for Letting of “Sharon Hill Borough Alleyway Repaving Project”

1. The Contractor proposes to furnish and deliver all materials and to do and perform all work on the following project as more specifically set forth in the Bid Form, in accordance with drawings and specifications on file at Sharon Hill Borough as well as the supplements and special requirements contained herein.

3. Accompanying this proposal is a certified check or bid bond in the amount of 10% of the bid price.

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.

Alleyway Repaving Project

Description Type UOM Quantity Unit Price Total

1-1 Milling: Bituminous Pavement Surface, Full Width, 1-1/2" Depth Base SY 6,236

1-2

Wearing Course: Superpave Asphalt Mixture Design, 9.5mm, PG64S-22, Wearing Course, 0.3 to 3 Million ESALs, SRL-G, 1-1/2" Depth Base SY 6,236

1-3 4.0" 25mm Superpave Base Repair PG 64S-22,

0.3 to < 3 Million ESALs, SRL-H Base TN 200

1-4

Leveling Course: Superpave Asphalt Mixture Design, 9.5mm, PG64S-22, Leveling Course, 0.3 to 3 Million ESALs, Variable Depth Base TN 60

OPTION

2-1 Milling: Bituminous Pavement Surface, Full Width, 1-1/2" Depth Option SY 5,737

2-2

Wearing Course: Superpave Asphalt Mixture Design, 9.5mm, PG64S-22, Wearing Course, 0.3 to 3 Million ESALs, SRL-G, 1-1/2" Depth Option SY 5,737

2-3 4.0" 25mm Superpave Base Repair PG 64S-22,

0.3 to < 3 Million ESALs, SRL-H Option TN 150

2-4

Leveling Course: Superpave Asphalt Mixture Design, 9.5mm, PG64S-22, Leveling Course, 0.3 to 3 Million ESALs, Variable Depth Option TN 60

TOTAL

Note: Quantities are approximate and are to be used for bid comparison purposes only. They are not to be construed as a basis of payment.

B. PROPOSAL OF:

NAME/ADDRESS OF CONTRACTOR

D-7126) (7-09)

ANTI-COLLUSION AFFIDAVIT

County:

Municipality:

Project Number:

State of Fed. Project No. County of (If Applicable ) The undersigned deponent deposes and says that he is the of the Company; that he is authorized to make this affidavit on behalf of said company in compliance with section 102.06 (e) of Department Specifications, Publication 408, as amended and that the said company has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(Contractor)

BY

Sworn to and subscribed before me the undersigned notary public this day of , 20______.

Notary Public

My Commission expires

MS-944 Attachment - 4

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATIONS ACT

State of )

) ss:

County of Being duly sworn to law and deposes and says that they have

/he has / she has / it has accepted provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and has/ have also insured their / his / her / liability thereunder in with the terms in agreement with the terms of said Act with

(SURETY COMPANY)

(TYPE OR PRINT) CONTRACTOR

BY:

SIGNATURE

Sworn to and subscribed before me this day of A.D. 20 .

SIGNATURE

MY AGENCY EXPIRES (DATE)

11. Prevailing Wage Statement

The contractor is hereby notified that this project is under the full requirements of the Pennsylvania prevailing wage requirements. It is affirmed and understood that all employees are to be paid at the attached current wage rates and benefits as amended in the population of rates for labor of the Pennsylvania prevailing wage Act.

See the attached: BUREAU OF LABOR LAW COMPLIANCE PREVAILING WAGES PROJECT RATES 4/15/2020: Serial Number: 20-0213

12. Bidder Qualifications - Statements, Affidavits and Questions

Bidders shall review and respond to each of the individual questions listed in the attached qualifications of the bidders. A full transcription of the bidder qualifications statements and questions must be uploaded as part of the submission process. Any inquiry or question to which the bidder is unable to respond must be accompanied by an appropriate justification for the lack of response or partial response. The Borough will evaluate the qualifications of bidders based upon responses provided in the associated text. Subsequent follow up of bidders information may be performed by the Borough to verify compliance with the statements and affirmations provided by the contractor.

The contractor is hereby notified that this project is under the full requirements of the Pennsylvania prevailing wage requirements. It is affirmed and understood that all employees are to be paid at the attached current wage rates and benefits as amended in the population of rates for labor of the Pennsylvania prevailing wage Act.

BIDDER’S QUALIFICATIONS

The bidder / applicant of this statement guarantees the truth and accuracy of all statements and of answers to all questions hereinafter made. Failure to complete and return this statement, or any false statement therein may render a bid non-responsive at the sole discretion of the Borough of Media. All portions of the Statement must be completed.

1. Project Title

Firm

Address

Telephone

Fax

Submitted by:

Date:

(Name of individual completing statement)

2. If a corporation, please answer the following:

Date of Incorporation:

In what state:

President’s Name:

Vice President’s Name:

Secretary’s Name:

Treasurer’s Name:

3. If a partnership, please answer the following:

Date of Organization:

General or association?

Name and Address of each general partner

4. If neither a corporation nor partnership, please provide the following information:

Type of business organization:

Date of Organization:

Name and Address of each principal:

Current State of Pennsylvania Contractor’s License

Number Class (if applicable)

Expiration Date

5. Name of license holder/ qualifying agent exactly as it appears on file with the Commonwealth of Pennsylvania (if applicable) :

6. Are you a Disadvantage Business Enterprise? Yes No If yes, provide Certificate.

7. Are you a small business as defined by the SBA? Yes No If yes, number of employees

8. Number of years in business under this name:

9. Number of years in business under other names:

10. How many years’ experience in performing the type of work called for in this bid?

11. In what other lines of business do you or your organization or any partners thereof have financial interests?

12. Does your firm have any officer, director, or agent who is also an officer or employee of Media Borough? If yes, please list.

13. Are there any Media Borough officers or employees who own, directly or indirectly an interest in the bidder's firm or any of its branches? If yes, please list.

14. Name of proposed on-site Project Foreman. Number of years’ experience with road resurfacing projects.

15. Name of proposed on-site Project Manager. Number of years’ experience with road resurfacing projects.

16. Have you or your organization, or any office or partner thereof, failed to complete a contract?

Yes No

17. Has your organization ever been assessed liquidated damages for failing to complete a Contract within the time specified in the Contract Documents?

18. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five (5) years?

19. Does your organization have any outstanding judgments, demands or liens resulting from violating the State Labor laws, the Business and Professions Regulation statutes, Civil or Criminal decisions?

20. Have there been any suits, liens or surety claims against you or your organization over the past five

(5) years for non-payment of sums due subcontractors or suppliers for work completed?

21. Has your organization been cited for violations of OSHA standards and requirements within the past 5 years?

22. Is either the Bidder or its principals presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency?

23. Provide a list of equipment owned or used by the contractor for the completion of this project.

Please explain all questions answered "yes" in questions above on a separate sheet of paper along with this Statement.

24. List three (3) references where road resurfacing projects comparable to that called for in this bid has been performed within the last five years:

Name Address Telephone Number Contact Person Date of Work Contract Award

Telephone Number Contact Person

Telephone Number Contact Person

Print Name & Title

13. Bid Bond

A posted bid bond must be provided with the submission of materials in an amount totaling ten (10%) of the overall contract bid. The option of financial surety is open to the bidder however it must be in a form acceptable to the owner, namely, a certified check or a bond secured by a credible bonding agency. Surety materials shall be returned to bidders who are not awarded the contract.

14. Act 127 - “Public Works Employment Verification Form”

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Business or Organization Name (Employer}

City - State Zip Code

Check One:

□ Contractor

D Subcontractor

Contracting Public Body _

Contract/Project No

Project Description

Project Location _

Date Enrolled in E -Verify:

As a contractor/subcontractor for the above referenced public works contract, II hereby affirm that a$ of the above date, our company is in compliance with the Public Works Employment Verification Act

('the Act',) through utilization of the fe deral 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 six (6) business days of the employee start date throughout the duration of the publie 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 I understand the submission of false or misleading information In connection with the above verification shall be subject to sanctions provided by law.

Date of Signature Authorized Represent,ative Signature

15. Consent of Surety

Unless a certified check or bid bond is furnished, as stated, the bid will not be considered. The check or bid bond of all bidders will be returned when the contract is signed and the successful bidder, as required, furnishes surety bonds.

Such checks or bid bonds submitted by unsuccessful bidders will be returned upon execution of the contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the unsuccessful bidder(s) at any time thereafter.

16. Acknowledged Addenda

The contractor or bidder is to acknowledge any addenda or changes to the contract, contract documents or materials by checking the appropriate form or digital button/box on the PennBid web application. The bidder must provide acknowledgement that he/she/they fully understands and accepts any changes to the contract during the procurement process.

03 - PROJECT COMPONENT - DESIGN & SCOPE

Sharon Hill Borough Alleyway Resurfacing Project

Base Bid:

The total base bid will consist of the following improvements to the list of alleyways below. The contractor shall be in continuous communication with the Borough Staff and Engineer regarding any sudden changes in schedule.

6 inch base course 200 tons

Variable width roadway to be milled (1 ½” depth) and overlaid (1 ½” depth) , including repairs of failed base pavement to be marked out in the field by the Engineer. Contractor to install a layer of a scratch/ leveling course as required based on field conditions.

All work, including but not limited to, trench replacement, stone placement, installation of roadway drainage swales, installation of leveling course, installation of super-elevations, parking lot restoration, roadway repair, gutter curb installation, roadway maintenance related items, and associated top soiling, seeding, and mulching are to be performed in accordance with the approved plans, details, specifications, and PennDOT specifications (Publication 408/2020, as amended). All areas of base repair, sub-base replacement, leveling course placement, drainage swale installations, and parking lot restoration shall be determined by the Engineer based on field conditions. **Base repair locations will be evaluated and marked following the milling of the roadway surface.

Add Alternate

The add alternate bid will consist of the following improvements to the below list of alleyways.

Between Burnside and Barker 950’x16’

East of Greenwood 667’x16’

Between Greenwood and Laurel 865’x16’

Between Laurel and Cherry 790’x16’

6 inch base course 150 tons

High Street (West) 750’x16’

High Street (East) 750’x16’

Between Frances and Foster 586’x16’

Between Frances and Florence 652’x16’

Between Florence and Clifton 770’x16’

Project Technical Specifications

Publication 408/2026 contains current Construction Specifications for PennDOT projects. Publication 408/2020 is located on the PennDOT website at www.penndot.gov, select “Forms, Publications, and Maps”.

Updated semiannually, each new Change will contain all previous Edition/Change(s) in their entirety, with changed pages integrated. The changed pages for each new Change are also located on the PennDOT website.

In April 2026 PennDOT revised Publication 408 to edit, add and remove sections, term, phrases and requirements.

General Changes include: “Bituminous” is now “Asphalt,” “Pozzolan” is not “Supplementary Cementitious Material,” PG76-22 is now PG 64E-22, PG 64-22 is now PG 64S-22, PG-58-28 is now PG 58S-28, references to HMA and WMA have been removed, new section have been added: 223, 313, 413, 466, 519, 665, 939, 943, 973, 1039, 1046, 1090, old sections have been deleted: 309, 311, 320, 321, 322, 409, 411, 1056.

The Sharon Hill Alleyway Repaving Project will incorporate the technical specifications, guidelines and requirements listed in the revised PennDOT 408, unless otherwise directed by the Borough Engineer.

All materials must be provided by approved vendors and list on PennDOT’s Bulletin 15.

Sections incorporated, but not limited to:

SECTION 300 – BASE COURSES

SECTION 400 – FLEXIBLE PAVEMENTS

SECTION 700 – MATERIAL

SECTION 800 – ROADSIDE DEVELOPMENT

SECTION 900 – TRAFFIC ACCOMMODATION AND CONTROL

PennDOT maintains Publication 72M/2010, containing RC67M, Curbs, Ramps and Sidewalks, last revised December 17, 2019 for the standards, requirements and guidelines for site construction.

The Media Borough Road Program will incorporate the technical specifications, guidelines and requirements listed in the revised PennDOT RC67M, unless otherwise directed by the Borough Engineer.

These specifications will outline the requirements for compliance with the American Disability Act standards.

http://www.dot.state.pa.us/public/PubsForms/Publications/PUB%2072M/72M_2010.pdf

Note: All work, including but not limited to, trench replacement, stone placement, installation of roadway drainage swales, installation of leveling course, installation of super-elevations, parking lot restoration, roadway repair, gutter curb installation, roadway maintenance related items, and associated top soiling, seeding, and mulching are to be performed in accordance with the approved plans, details, specifications, and PennDOT specifications (Publication 408/2026, as amended). All areas of base repair, sub-base replacement, leveling course placement, drainage swale installations, and parking lot restoration shall be determined by the Engineer based on field conditions. **Base repair locations will be evaluated and marked following the milling of the roadway surface.

04 - PROJECT COMPONENT - AWARD OF CONTRACT

1. General Conditions of Contract - See EJCDC General Conditions 04A-ContractAward.

MS-944S

PAYMENT BOND Attachment 3

KNOW ALL MEN BY THESE PRESENTS, that we as PRINCIPAL and a corporation incorporated under the laws of the State of as SURETY, are held and firmly bound 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 forbearance 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 forbearance being hereby waived.

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

PERFORMANCE BOND

(Accompanied by Corporate Surety)

ACKNOWLEDGE BY ALL PARTIES, That we, (NAME AND ADDRESS OF CONTRACTOR) as owner and

(SURETY COMPANY)

a business incorporated under the rules and regulations of the state of as

(NAME OF STATE)

bondings are held and securely committed to in the full

(NAME OF MUNICIPALITY)

and total of ($ ) dollars 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.

ALTHOUGH, the main dedication above has entered into an agreement with the above governmental subdivision, just to say upon this date, for the promising of specific responsibilities as inscribed below.

NOW, WHEREAS, the condition of this duty is such that if the above committed owner, as

Contractor, shall in all respects abide by and truthfully perform the circumstances of said contract, including the terms and conditions mentioned 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 shall be and remain in full force, virtue and effect.

It is further provided that any alteration which may be made in the terms of the contractor or its specifications with the express 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, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the surety of any such alteration or forbearance being hereby waived.

IN WITNESS WHEREOF, the said owner and fiscal security have duly performed this agreement under seal, according to the terms to due and legal action approving the same to be done on

(DATE OF BOND)

WITNESS:

CONTRACTOR

BY:

-=r,ne=-=-.------------

SURETY Ct;;,MPNN rrn.e:

WITNESS:

5. Notice of Award

The contractor shall be issued the Notice of Award upon acceptance by motion or resolution of the Owner.

The contractor is then directed to proceed to the assembly and submission of materials to move forward into Component Five (5) of this contract, during which time the preparation and planning for field work, delivery of materials or installation of item in the scope or work shall commence.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1—Definitions and Terminology 1

1.01 Defined Terms 1

1.02 Terminology 6

Article 2—Preliminary Matters 7

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance 7

2.02 Copies of Documents 7

2.03 Before Starting Construction 7

2.04 Preconstruction Conference; Designation of Authorized Representatives 8

2.05 Acceptance of Schedules 8

2.06 Electronic Transmittals 8

Article 3—Contract Documents: Intent, Requirements, Reuse 9

3.01 Intent 9

3.02 Reference Standards 9

3.03 Reporting and Resolving Discrepancies 10

3.04 Requirements of the Contract Documents 10

3.05 Reuse of Documents 11

Article 4—Commencement and Progress of the Work 11

4.01 Commencement of Contract Times; Notice to Proceed 11

4.02 Starting the Work 11

4.03 Reference Points 11

4.04 Progress Schedule 12

4.05 Delays in Contractor’s Progress 12

Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions 13

5.01 Availability of Lands 13

5.02 Use of Site and Other Areas 14

5.03 Subsurface and Physical Conditions 15

5.04 Differing Subsurface or Physical Conditions 16

5.05 Underground Facilities 17

5.06 Hazardous Environmental Conditions at Site 19

Article 6—Bonds and Insurance 21

6.01 Performance, Payment, and Other Bonds 21

6.02 Insurance—General Provisions 22

6.03 Contractor’s Insurance 24

6.04 Builder’s Risk and Other Property Insurance 25

6.05 Property Losses; Subrogation 25

6.06 Receipt and Application of Property Insurance Proceeds 27

Article 7—Contractor’s Responsibilities 27

7.01 Contractor’s Means and Methods of Construction 27

7.02 Supervision and Superintendence 27

7.03 Labor; Working Hours 27

7.04 Services, Materials, and Equipment 28

7.05 “Or Equals” 28

7.06 Substitutes 29

7.07 Concerning Subcontractors and Suppliers 31

7.08 Patent Fees and Royalties 32

7.09 Permits 33

7.10 Taxes 33

7.11 Laws and Regulations 33

7.12 Record Documents 33

7.13 Safety and Protection 34

7.14 Hazard Communication Programs 35

7.15 Emergencies 35

7.16 Submittals 35

7.17 Contractor’s General Warranty and Guarantee 38

7.18 Indemnification 39

7.19 Delegation of Professional Design Services 39

Article 8—Other Work at the Site 40

8.01 Other Work 40

8.02 Coordination 41

8.03 Legal Relationships 41

Article 9—Owner’s Responsibilities 42

9.01 Communications to Contractor 42

9.02 Replacement of Engineer 42

9.03 Furnish Data 42

9.04 Pay When Due 42

9.05 Lands and Easements; Reports, Tests, and Drawings 43

9.06 Insurance 43

9.07 Change Orders 43

9.08 Inspections, Tests, and Approvals 43

9.09 Limitations on Owner’s Responsibilities 43

9.10 Undisclosed Hazardous Environmental Condition 43

9.11 Evidence of Financial Arrangements 43

9.12 Safety Programs 43

Article 10—Engineer’s Status During Construction 44

10.01 Owner’s Representative 44

10.02 Visits to Site 44

10.03 Resident Project Representative 44

10.04 Engineer’s Authority 44

10.05 Determinations for Unit Price Work 45

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 45

10.07 Limitations on Engineer’s Authority and Responsibilities 45

10.08 Compliance with Safety Program 45

Article 11—Changes to the Contract 46

11.01 Amending and Supplementing the Contract 46

11.02 Change Orders 46

11.03 Work Change Directives 46

11.04 Field Orders 47

11.05 Owner-Authorized Changes in the Work 47

11.06 Unauthorized Changes in the Work 47

11.07 Change of Contract Price 47

11.08 Change of Contract Times 49

11.09 Change Proposals 49

11.10 Notification to Surety 50

Article 12—Claims 50

12.01 Claims 50

Article 13—Cost of the Work; Allowances; Unit Price Work 51

13.01 Cost of the Work 51

13.02 Allowances 55

13.03 Unit Price Work 55

Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 56

14.01 Access to Work 56

14.02 Tests, Inspections, and Approvals 56

14.03 Defective Work 57

14.04 Acceptance of Defective Work 58

14.05 Uncovering Work 58

14.06 Owner May Stop the Work 58

14.07 Owner May Correct Defective Work 59

Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period 59

15.01 Progress Payments 59

15.02 Contractor’s Warranty of Title 62

15.03 Substantial Completion 62

15.04 Partial Use or Occupancy 63

15.05 Final Inspection64

15.06 Final Payment 64

15.07 Waiver of Claims 65

15.08 Correction Period 66

Article 16—Suspension of Work and Termination 67

16.01 Owner May Suspend Work 67

16.02 Owner May Terminate for Cause 67

16.03 Owner May Terminate for Convenience 68

16.04 Contractor May Stop Work or Terminate 68

Article 17—Final Resolution of Disputes 69

17.01 Methods and Procedures 69

Article 18—Miscellaneous 69

18.01 Giving Notice 69

18.02 Computation of Times 69

18.03 Cumulative Remedies 70

18.04 Limitation of Damages 70

18.05 No Waiver 70

18.06 Survival of Obligations 70

18.07 Controlling Law 70

18.08 Assignment of Contract 70

18.09 Successors and Assigns 70

18.10 Headings 70

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim

a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents;

contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract.

b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address.

c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment.

d. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.

21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt;

(c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.

22. Engineer— Lighthouse Engineering, LLC. The individual or entity named as such in the Agreement.

23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto.

a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition.

b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition.

c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.

25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.

28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

30. Owner— The Borough of Media. The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times.

32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative.

34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals.

36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor.

39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information;

information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections;

warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals.

42. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended.