Contract Documents and Specifications

DOTTERS CORNER ROAD, SOUTHERN END

CULVERT REPLACEMENT PROJECT

FOR POLK TOWNSHIP, MONROE COUNTY, PA

Prepared By:

www.KCEinc.com

AUGUST 13, 2026

POLK-24-024

http://www.kceinc.com/

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INVITATION TO BID

Polk Township, Monroe County, will receive sealed bids for the Dotters Corner Road, Southern End –

Culvert Replacement Project. Bids will be received via PennBid until Thursday, September 3, 2026, at 2:00

PM.

All documents are available at no cost at PennBid (https://PennBid.bonfirehub.com).

The proposed work involves the installation of an Aluminum Box Culvert (including aluminum end walls) and guide rails along with the restoration of the stream channel and roadway. Polk Township will purchase the

Aluminum Box Culvert (including aluminum end walls) via Costars prior to the start of construction. All site construction, installation, and restoration work associated with this project will also be included within this bid package. This work shall include: all excavation work, culvert assembly, aluminum box culvert installation work, stream bed restoration work, all paved roadway restoration work, shoulder restoration, installation of guide rails, all necessary erosion and sediment controls, and related work in accordance with the Contract

Documents and Specifications. It is anticipated that the Contractor will be able to commence working on this project as soon as the General Permit approval is received from Pa DEP and the Aluminum Box Culvert is obtained via Costars by the Township. If the General Permit is not received in a timely manner, or if the General

Permit indicates that work cannot be performed in the stream between October 1st to April 1st the Contractor will need to wait to start working on this project until April 1, 2027. In any case, all work for this project shall be completed within 90 (ninety) days of project commencement.

A pre-bid meeting will be held on Wednesday, August 19, 2026, at 11:00 am at the project site along Dotters

Corner Road. This meeting is not mandatory, but all bidders are encouraged to attend this pre-bid meeting to review the project area and to ask questions related to the bid package.

The project for which Bids are being solicited is subject to the applicable provisions of the Pennsylvania

Prevailing Wage Act.

Each Bid must be accompanied by a bid security payable to “Polk Township” in the amount of ten percent

(10%) of the bid price in the form of a Certified Check, Bank Check, or a Bid Bond issued by a surety meeting the requirements of Article 5 of the General Conditions.

Bids may be held by Polk Township, and shall remain valid, for a period not to exceed forty-five (45) days from the date of the opening of Bids for the purpose of reviewing the Bids and qualifications of the Bidders, prior to awarding the Contract. Bids may be withdrawn prior to the time set for the Bid Opening, in accordance with the procedure set forth in the Contract Documents.

Polk Township reserves the right to accept or reject any or all Bids and to accept any Bid which in its judgment is in the best interest of the Township. No Bid will be accepted if obtained from sources other than the issuing office noted above.

Rebecca Tippett, Township Secretary

Polk Township

165 Polk Township Rd., P.O. Box 137

Kresgeville, PA 18333

END OF ADVERTISEMENT________________________________________________________________

Times News - Publish on Monday, August 10, 2026, and Friday, August 14, 2026

Send bill and proof of advertising to Polk Township Board of Supervisors.

https://pennbid.bonfirehub.com/

I. INSTRUCTIONS AND FORMS

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INSTRUCTIONS TO BIDDERS

101. DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 ed.) have the meanings assigned to them in the

General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder who submits a bid to a Bidder. The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the

Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed

Contract Documents (including all Addenda issued prior to receipt to Bids).

102. COPIES OF BIDDING DOCUMENTS

a. Complete sets of the Bidding Documents are available at no cost on PennBid

(https://PennBid.bonfirehub.com)

b. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

c. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

103. QUALIFICATIONS OF BIDDERS

a. In accordance with the Department of General Services, Public Works Employment

Verification Act – SB637 (Act 127-2012), all Contractors and Subcontractors as a precondition to receiving a Contract on Public Works Projects (defined under the Prevailing Wage Act) are to submit employee verification forms to the public body (Authority). Public Works Contractors and every Subcontractor performing work under a Public Works Contract shall utilize the EVP System to verify the employment eligibility of each new employee hired after January 1, 2013, and submit the EVP form to the Authority to ensure compliance with the Act.

b. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five (5) days of Owner's request, detailed financial data, previous experience records, present commitments and statements of available personnel and equipment. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

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c. All Bidders shall complete and submit the Statement of Bidder’s Qualifications included with the bid submission forms.

104. EXAMINATION OF CONTRACT DOCUMENTS AND SITES

a. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract

Documents thoroughly, (b) visit the sites to become familiar with local conditions which may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations which may affect the cost, progress, performance or furnishing of the Work,

(d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify

Engineer of all conflicts, errors or discrepancies in the Contract Documents.

b. Information and data reflected in the Contract Documents with respect to Underground

Utilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

c. Underground Utilities have not been surveyed for this project. Contractor shall notify utilities as necessary to coordinate utility adjustments.

d. Provisions concerning responsibilities for the adequacy of data furnished to prospective

Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions, appear in Paragraph 4.03 of the General Conditions.

e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies, and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and

Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

f. On request in advance, Owner will provide each Bidder access to the sites to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the sites to the former condition upon completion of such explorations. To request access to the site(s), bidder shall contact Keystone Consulting

Engineers, Inc. at 610-681-5233.

g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work, are identified on the Drawings. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor.

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h. The submission of a Bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

105. INTERPRETATIONS AND ADDENDA

a. All questions about the meaning or intent of the Contract Documents are to be submitted via PennBid’s “Questions” feature. Interpretations or clarifications considered necessary by

Engineer in response to such questions will be issued by Addenda via PennBid. Questions received less than six (6) days prior to the date for opening of Bids may not be answered.

Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

b. Addenda may also be issued to modify the Bidding Documents as deemed advisable by

Owner and Engineer.

106. BID SECURITY

a. Each Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of the Bid Price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions.

b. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the

Notice of Award, and Bid security of that Bidder will be forfeited. The Bid security of other Bidders who Owner believes to have a reasonable chance of receiving the Award may be retained by

Owner until the earlier of the seventh day after the Effective Date of the Agreement or the forty-sixth day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven (7) days after the Bid opening.

107. NON-COLLUSION AFFIDAVIT

Each bid shall be accompanied by a fully executed non-collusion affidavit in the form included with the bidding documents.

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108. CONTRACT TIME

The number of days within which the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Agreement.

109. LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the Agreement.

110. SUBSTITUTE OR “OR EQUAL” ITEMS

The Contract, if awarded, will be on the basis of materials and equipment described in the

Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraph 6.05 of the General

Conditions as may be supplemented in the General Requirements.

111. BID FORM

The Bid Forms are to be completed electronically within the PennBid Program, and shall include any supporting documents as indicated within the Bidding Documents. All documents are available at no cost on PennBid (https://PennBid.bonfirehub.com).

112. SUBMISSION OF BIDS

Bids shall be submitted via the PennBid Program (https://PennBid.bonfirehub.com).

113. MODIFICATION AND WITHDRAWAL OF BIDS

Bids may be modified or withdrawn within PennBid at any time prior to the opening of Bids.

114. OPENING OF BIDS

Bids will be electronically opened at the time indicated in the PennBid Program. An abstract of the amounts of the Bids will be made available to Bidders within two days following the Bid

Opening date, through the PennBid Program interface.

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115. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

116. AWARD OF CONTRACT

a. Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful

Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional

Bids.

b. Owner reserves the right to adjust quantities of work by elimination of work on all or portions of the site. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner.

c. Discrepancies between the written unit price and the numerical unit price will be resolved in favor of the written unit price. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

d. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the

Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

e. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of

Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

f. If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

g. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

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117. CONTRACT SECURITY

Paragraph 5.01 of the General Conditions and the Supplementary Conditions sets forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds in the forms included in the Contract Documents.

118. SIGNING OF AGREEMENT

a. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract

Documents attached.

b. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds and evidence of the required insurance.

c. Within seven (7) days of approval of these documents, Owner shall deliver one (1) fully signed counterpart to the Contractor. Each counterpart is to be accompanied by a complete set of the Drawings and appropriate identification.

119. WAGES AND SALARIES

a. Attention of Bidders is particularly called to the requirement concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. See Appendix B attached.

b. The rates of pay set forth in Prevailing Minimum Wage Rates (Appendix B of these Contract

Documents) are the minimum to be paid during the life of the Contract. It is, therefore, the responsibility of

Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

120. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS

Attention of Bidders is particularly called to the necessity of complying with all Federal, State and

Local laws and regulations including but not limited to the following: Act 247-1972; Act 287-1974; Federal

Occupational Safety and Health Act of 1970.

121. EQUAL EMPLOYMENT OPPORTUNITY

Attention of Bidders is particularly called to the requirement for ensuing that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. See General Conditions, Part II.

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122. NONDISCRIMINATION CLAUSE

Attention of Bidders is particularly called to the requirements of the nondiscrimination clause as stated under the Pennsylvania Human Relations Act.

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NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of _____________________)

SS

County of ___________________)

________________________________________ being first duly sworn deposes and says:

(1) He is

(1) He is

(owner, partner, officer, representative or agent)

Of ___________________________________

(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham bid;

(4) 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 such 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 or conference with any other Bidder, firm or person to fix the price or prices in attached Bid or of any other Bidder, or, to fix any overhead, profit, or cost element of the bid price or the bid price of any other Bidder, or to secure through collusion, conspire, connivance, or unlawful agreement any advantage against any other Bidder, or any person interested in the proposed Contract;

(5) 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.

(Signed) ___________________

Subscribed and sworn to before me Title this ____________________ day of ____________________ 20_______________

Title

My commission expires________________________________________________

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, (Name of Principal) as PRINCIPAL, and

_______________________________________________________________________ , as SURETY are held and firmly bound onto the ___________________________________________ hereinafter called the Owner, in the penal sum of ________________________________

_________________________ Dollars ($_____________________________________ ) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assign, jointly and severally, firmly by these presents. THE

CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying

Bid, dated __________________________ 20_____, for ________________________

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening the same, or, if no period specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or, if no period be specified within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful, performance and proper fulfillment of such Contract; or in the event of the withdraw of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the

Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work or supplies or both, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

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IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this

____________________________ day of _____________________ 20____, the name and corporate seal of each corporate party being thereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

In presence of:

_________________________________ ________________________________ (SEAL)

(Individual Principal)

(Business Address including

City, State and Zip Code)

________________________________ (SEAL)

(Individual Principal)

(Business Address including

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Attest:

(Corporate Principal)

(Business address including

By ________________________________

Attest:

(Countersigned) (Corporate Surety)

By ____________________________

Attorney-in-Fact, State of

(power of attorney for person signing for surety company must be attached to bond)

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CERTIFICATE AS TO CORPORATE PRINCIPAL

I, _________________________, certify that I am the __________________ Secretary of the corporate named as Principal in the within bond; that ___________________________________, who signed the said bond on behalf of the Principal was then _____________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested to, for and in behalf of said corporation by authority of its governing body.

___________________________ (Corporate)

___________________________ (Seal)

TITLE

DATE

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STATEMENT OF BIDDER’S QUALIFICATIONS

(To be submitted by the Bidder and any Bidder’s Subcontractor only upon the specific request of the Owner.)

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, including City, State and Zip Code.

3. When organized.

4. If a corporation, where incorporated.

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand: (Schedule these, showing gross amount of each contract and the appropriate anticipated dates of completion).

7. General character of work performed by your company.

8. Have you ever failed to complete any work awarded to you? If so, where, and why?

9. Have you ever defaulted on a contract? If so, where, and why?

10. List the more important contracts recently completed by you, stating approximate gross cost for each, and the month and year completed.

11. List your major equipment to be used for this contract.

12. Experience in work similar in nature to this project.

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

14. Credit available: $________________.

15. Give bank reference.

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

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17. (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.

18. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of

Bidder’s Qualifications.

Date at ________________________ this _____________ day of _______________ 20___

(Name of Bidder)

By ______________________________________

Title ______________________________________

State of __________________)

SS

County of ________________)

_____________________________ being duly sworn, deposes and says that he is the

____________________ 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 _________________ 20___

Notary Public

My Commission expires

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AGREEMENT

THIS AGREEMENT is dated as of the day of , 2024, by and between Polk Township, 165 Polk

Township Road, P.O. Box 137, Kresgeville, Pennsylvania 18333 (hereinafter called Owner) and

(hereinafter called Contractor).

WITNESSETH, that the Contractor and the Owner for the consideration stated herein mutually agree as follows:

ARTICLE 1. STATEMENT OF WORK. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements namely;

Dotters Corner Road, Southern End – Culvert Replacement Project for Polk Township included in the Specifications on file in the office of Keystone Consulting Engineers Inc. 205 Rodenbach Lane, Brodheadsville, PA 18322 and as identified in the Contract Specifications.

All in strict accordance with the Contract Documents dated August 13, 2026, for the project all as prepared by

Keystone Consulting Engineers, Inc., acting and in these Contract Documents referred to as the Professional.

ARTICLE 2. THE CONTRACT PRICE. The Owner will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in the bid for several respective items of work complete subject to additions and deductions as provided in the General Contract.

The total contract price agreed to is $_________________.

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ARTICLE 3. CONTRACT. The executed Contract Documents shall consist of the following:

a. This Agreement

b. Performance and Payment Bonds

c. Notice of Award

d. Addenda (if any)

e. Invitation for Bids

f. Instructions to Bidders

g. Signed Copy of Bid

h. General Conditions

i. Supplemental Conditions

j. General Requirements

k. Statement of Bidder’s Qualifications

l. PennBid RFI and Pricing Bid Forms

m. `Non-Collusion Affidavit

n. Technical Specifications

o. Project Drawings

p. Affidavits of Payment

THIS AGREEMENT, together with the other documents enumerated in this Article 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated forms the Contract between the parties hereto. In the event that any provisions in any component part, that the provision of the component part first enumerated in this Article 3 shall govern, except as otherwise specifically stated.

IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be executed in two (2) original copies on the day and year first above written.

Attest: Contractor

______________________________ By __________________________________

______________________________ Title__________________________________

(Street)

(City, State and Zip Code)

(Owner)

______________________________ Title__________________________________

(print or type the names underneath all signatures)

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Certifications

I, ___________________________, certify that I am the ________________ of the Corporation named as Contractor herein, that _________________ who signed this Agreement on behalf of the Contractor, was then

_________________________ of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Corporate Seal

(Print or type the names underneath of all signatures.)

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we __________________________________

______________________________________________________________________ as principal, and

___________________________________________________, as surety are held and firmly bound unto

Owner its certain attorney, successors, or assigns (hereinafter called the Obligee), in the full and just sum of

_____________________________________________________________________________Dollars

($_______________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents:

WHEREAS, said principal has entered into a certain contract with said Obligee, dated

________________________, 20 ____, (hereinafter called the Contract) for which Contract and the Specifications for said work shall be deemed a part hereof as fully as if set out herein:

NOW, therefore, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the principal shall faithfully perform the contract on his part as of the time and in the manner therein provided and satisfy all claims and demands incurred in or for the same, or growing out of the same, and shall fully indemnify and save harmless the said Obligee from any and all cost and damage which the said Obligee may suffer by reason of the principal’s failure to do so, and shall fully reimburse and repay the said Obligee any and all outlay and expense shall be null and void, otherwise it shall remain in full force and virtue.

The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the Contract or to the work to be performed thereunder or the

Specifications accompanying the same in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of the time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

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SIGNED, SEALED AND DELIVERED IN ______________________ ORIGINAL

COUNTERPARTS THIS __________________________, 20___.

(Individual Principals sign here)

_______________________________ (SEAL)

In the presence of: _______________________________ (SEAL)

__________________________ _______________________________ (SEAL)

__________________________ _______________________________ (SEAL)

(Corporate Principal sign here)

By _______________________________

Attest (Surety sign here)

The rate of premium charged is $______________________________ per thousand.

The total amount of premium charged is $______________________________

(The above must be filled in by the Corporate Surety.)

It is hereby further stipulated and agreed that if the Principal is a non-Pennsylvania corporation neither Principal nor the Surety shall be discharged from liability on this bond, nor the bond surrendered, until such Principal files with the obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all 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 of Pennsylvania from the said Principal, or any non-Pennsylvania corporation subcontractor thereunder, or for which liability has accrued, but the time for payment has not arrived as required by the Act of June 10, 1947, P.L. 493, 8 P.S. Sec. 23, amended.

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LABOR AND MATERIALMEN’S BOND

KNOWN ALL MEN BY THESE PRESENTS, that we, ______________________________, as principal, and

_________________________________________________________________, as surety, and held and firmly bound unto

_________________________ (Owner) its certain attorney, successors, or assigns (hereinafter called the Obligee in the

Sum of _________________________________________Dollars ($__________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said principal has entered into a certain contract with said Obligee, dated

____________________________, 20 ___, (hereinafter called the Contract) for which

Contract and the Specifications for said work shall be deemed a part thereof as fully as if set out herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal and all subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said principal and of such subcontractors shall promptly make payment for all material furnished, labor supplied or performed, rental for equipment employed, and services rendered by public utilities in or in connection with the prosecution of the work, whether or not the said material, labor, equipment or services enter into and become component parts of the work or improvement contemplated in said

Contract, or in any amendment or extension of or addition to said Contract, then the above obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however, that this bond is subject to the following conditions and limitations.

(a) All persons who have performed labor, rendered services or furnished materials or machinery, shall have a direct right of action against the principal and surety on this bond, which right of action shall be asserted in proceeding instituted in the state in which such labor was performed, services rendered or materials furnished (or where labor has been performed, services rendered or materials furnished under said Contract in more than one state, then in any such state). Insofar as permitted by the laws of such state, such right of action will be asserted in a proceeding instituted in the name of the

Obligee to the use and benefit of the person instituting such action and any or all other persons having claims hereunder, and any other person having a claim hereunder shall have the right to be made a party to such proceeding (but not later than two years after the complete performance of said Contract and final settlement thereof) and to have such claim adjudicated in such action and judgment rendered thereon.

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(b) The surety shall not be liable hereunder for any damages or compensation recoverable under any workmen’s compensation or employer’s liability statute.

(c) In no event shall the surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than two years after the complete performance of said Contract and final settlement thereof.

(d) As used herein: The term “person” refers to any individual, firm or corporation who have furnished materials or machinery or public utility services to be used on or incorporated in the work or the prosecution thereof provided for in said Contract or in any amendment or extension of or addition to said

Contract, and/or to any person engaged in the prosecution of the work provided for in said Contract or in any amendment or extension of or addition to said Contract who is an agent, servant or employee of the principal or of any subcontractor, or of any assignee of said principal or of any subcontractor and also anyone so engaged who performs the work of a laborer or of a mechanic regardless of any contractual relationship between the principal, or any subcontractor, or any assignee of said principal or of said subcontractor, and such laborer or mechanic, but shall not include office employees not regularly stationed at the site of the work.

The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition of the terms of the Contract, or to the work to be performed thereunder or the

Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the Contract or to the work or to the Specifications.

SIGNED, SEALED AND DELIVERED IN ______________________________

ORIGINAL COUNTERPARTS this _________ day of ____________________, 20_____

Witness: (Individual Principals sign here)

Title: ________________________ (SEAL)

Title: ________________________ (SEAL)

Title _________________________ (SEAL)

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Attest: (Corporate Principal sign here)

By: ____________________________ ____________________________________

Title: ___________________________ By: _________________________________

Title: _________________________ (SEAL)

(Surety sign here)

By: _________________________________

Title: _________________________ (SEAL)

The rate of the premium charged is $ _____________________ per thousand.

The total amount of the premium charged is $ _______________________ .

(The above must be filled in by the Corporate Surety.)

It is hereby further stipulated and agreed that if the Principal is a non-Pennsylvania corporation neither Principal nor the Surety shall be discharged from liability on this bond, nor the bond surrendered, until such Principal files with the Obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all 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 of Pennsylvania from the said Principal, or any non-Pennsylvania corporation subcontractor thereunder, or for which liability has accrued, but the time for payment has not arrived as required by the Act of June 10, 1947, P.O. 493, 8 P.S. Sec. 23, amended.

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APPENDIX A

MISCELLANEOUS CONTRACT FORMS

NOTICE TO AWARD

To: _________________________________

Project Description: _________________________________________________________________________________________________

The OWNER has considered the BID submitted by you for the above described WORK in response to its

Advertisement for Bids dated _________________ 20__________ and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of $___________.

You are required by the Information for Bidders to execute the Agreement and furnish the required

CONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this

Notice, said OWNER will be entitled to consider all our rights arising out of the OWNER'S acceptance of our BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE TO AWARD to the OWNER.

Dated this _________________ day of _________________ 20__________

OWNER

By ___________________________

Title __________________________

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO AWARD is hereby acknowledged by __________________________________________________________________ this the ________________ day of ___________________________ 20___________

By ________________________

Title _______________________

NOTICE TO PROCEED

To: ______________________________ Date: _________________________________

______________________________ Project: _________________________________

You are hereby notified to commence WORK in accordance with the Agreement dated

______________________ 20_____________ on or before ________________ 20__________ and you are to complete the

WORK within __________________ consecutive calendar days thereafter. The date of completion of all WORK is therefore ________________ 20______________

By __________________________

Title _________________________

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ____________________________, this the___________________ day of _______________________20_________

By

Title

CHANGE ORDER

No. _______________

Dated _______________

Engineer's Project No. _____________________________

Project: _________________________________________________________________________________

Owner: _________________________________________________________________________________

Contractor: ______________________________________Contract Date: ____________________________

Contract for: _____________________________________________________________________________

To: ________________________________ Contractor: __________________________________________

You are directed to make the changes noted below in the subject contract:

Owner ______________________________________________________

By ______________________________________________________

Date ______________________________________________________

Nature of the Change:

Thirty (30) day increase in contract time.

CHANGE ORDER NO. cont.

The changes result in the following adjustment of Contract Price and Contract Time:

Contract Price Prior to this Change Order $ _______________

New (Increase) (Decrease) Resulting from this Change Order $ _______________

Current Contract Price including this Change Order $ _______________

Contract Time Prior to this Change Order _______________

Calendar Days

Net (Increase) (Decrease) Resulting from this Change Order _______________

Current Contract Time including this Change Order _______________

The Above Changes are Approved: ___________________________________________

Engineer

By ________________________________________

Date _______________________________________

The Above Changes are Accepted: __________________________________________

Contractor

By ________________________________________

Date _______________________________________

APPLICATION FOR PAYMENT NO. _____________

To _________________________________________________________________ (OWNER)

Contract For __________________________________________________________________

OWNER’S Project No. ________________ Engineer’s Project No. ______________________

For Work accomplished through the date of _________________________________________

CONTTRACTOR’S SCHEDULE OF VALUES WORK COMPLETED

ITEM

Unit Price

Quantity

Amount

Quantity

Amount

Total

(Original Contract)

C.O. No. 1

C.O. No. 2

Accompanying Documentation: Gross Amount Due $ _______________________________________

_______________________ Less _____% Retainage $_______________________________________

_______________________ Amount Due to Date $ ______________________________________

_______________________ Less Previous Payments $ ______________________________________

_______________________ Amount Due This Application $ _____________________________________

CONTRACTOR’S Certification:

The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment number 1 through ____inclusive; and (2) title to all materials and equipment incorporated in said work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims security interests and encumbrances (except such as covered by Bond acceptable to OWNER).

Dated ____________________, 20 ___ ________________________________________________

CONTRACTOR

By ___________________________________

Payment of the above AMOUNT DUE THIS APPLICATION is recommended.

Dated ____________________, 20 ___ ________________________________________________

ENGINEER

By ___________________________________

No. .

RECOMMENDATION OF PAYMENT

OWNER's Project No. ENGINEER's Project No ____________________

Project _______________________________________________

CONTRACTOR _______________________________________

Contract For ___________________________________________ Contract Date _____________________________

Application Date _______________________________________ Application Amount _________________________

For Period Ending ______________________________________

To _________________________________________________

Attached hereto is the CONTRACTOR's Application for Payment for Work accomplished under the Contract through the date indicated above. The Application meets the requirements of the Contract Documents and includes the CONTRACTOR's Certificate stating that all previous payments to him under the Contract have been applied by him to discharge in full all of his obligations in connection with the Work covered by all prior Applications for Payments.

In accordance with the Contract the undersigned recommends payment to the CONTRACTOR of the amount due as shown below.

ENGINEER

Dated ________________________________________, 20_______ By _____________________________________

STATEMENT OF WORK

Original Contract Price $ _________________ Work to Date $ _________________

Net Change Orders $ _________________ Amount Retained $ _________________

Current Contract Price $ _________________ Subtotal $ _________________

Work to be Done $ _________________ Previous Payments

Recommended $ _________________

Amount Due This Payment $ _________________

LLC-25 REV 10-03 (Page 1)

WEEKLY PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS

Contractor or Subcontractor (Please check one) ALL INFORMATION MUST BE COMPLETED

BUREAU OF LABOR LAW COMPLIANCE

PREVAILING WAGE DIVISION

7TH & FORSTER STREETS

HARRISBURG, PA 17120

1-800-932-0665

CONTRACTOR SUBCONTRACTOR

ADDRESS ADDRESS

PAYROLL NUMBER WEEK ENDING DATE PROJECT AND LOCATION

PROJECT SERIAL # PROJECT #

EMPLOYEE NAME

APPR.

RATE

WORK

CLASSIFICATION

DAY AND DATE

HOURS WORKED EACH DAY

S-

TIME

0-

TIME

BASE

HOURLY

RATE

TOTAL FRINGE

BENEFITS

(C=Cash)

(FB=Contributions)*

TOTAL

DEDUCTIONS

GROSS PAY

FOR

PREVAILING

RATE JOB(S)

CHECK #

C:

FB:

C:

FB:

C:

FB:

C:

FB:

C:

FB:

*SEE REVERSE SIDE

PAGE NUMBER ___________ OF ____________

THE NOTARIZATION MUST BE COMPLETED ON FIRST AND LAST SUBMISSIONS ONLY. ALL OTHER

INFORMATION MUST BE COMPLETED WEEKLY.

*FRINGE BENEFITS EXPLANATION (FB): Bona fide benefits contribution, except those required by Federal or State Law (unemployment tax, workers’ compensation, income taxes, etc.)

Please specify the type of benefits provided and contributions per hour:

1) Medical or hospital care__________________________________________________________________________

2) Pension or retirement ____________________________________________________________________________

3) Life insurance _________________________________________________________________________________

4) Disability _____________________________________________________________________________________

5) Vacation, holiday _______________________________________________________________________________

6) Other (please specify) ___________________________________________________________________________

CERTIFIED STATEMENT OF COMPLIANCE

1. The undersigned, having executed a contract with _____________________________________________________

______________________________ for the construction of the above-identified project, acknowledges that:

(a) The prevailing wage requirements and the predetermined rates are included in the aforesaid contract.

(b) Correction of any infractions of the aforesaid conditions is the contractor’s or subcontractor’s responsibility.

(c) It is the contractor’s responsibility to include the Prevailing Wage requirements and the predetermined rates in any subcontract or lower tier subcontract for this project.

2. The undersigned certifies that:

(a) Neither he nor his firm, nor any firm, corporation or partnership in which he or his firm has an interest is debarred by the Secretary of Labor and Industry pursuant to Section 11(e) of the PA Prevailing Wage Act, Act of August 15, 1961, P.L. 987 as amended, 43 P.S.§ 165-11(e).

(b) No part of this contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation or partnership in which such subcontractor has an interest is debarred pursuant to the aforementioned statute.

3. The undersigned certifies that:

(a) the legal name and the business address of the contractor…