1-Milford Twp Pavement BID DOCUMENT - PennBid.pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

Milford Township

560 Route 6 & 209

Milford, PA 18337

MILFORD TOWNSHIP PARKING LOT

REPAVING PROJECT

July 6, 2026

TABLE OF CONTENTS

PAGE

I. Advertisement for Bids..................................I-01

II. Information For Bidders................................II-01

III. Bid Proposal

Statement of Bidder's Qualifications..................III-01

Bid Proposal..........................................III-04

Bid Bond..............................................III-05

Non-Collusive Bidding Certification...................III-08

EEO Certification.....................................III-09

IV. Notice of Award........................................IV-01

V. Notice to Proceed.......................................V-01

VI. Bonds

Performance Bond.......................................VI-01

Labor and Material Bond................................VI-05

VII. Contract..............................................VII-01

VIII. Change Order.........................................VIII-01

IX. Certificate of Owners Attorney.........................IX-01

X. Payroll Affidavit.......................................X-01

XI. Contractor's Affidavit for Request of Release and/or Final Payment...................................XI-01

I-01

ADVERTISEMENT FOR BIDS

Notice is hereby given that Milford Township, Pennsylvania is soliciting sealed bids from qualified paving contractors for the repaving of the parking lot at the Milford Township Municipal Building located at 560

Route 6 & 209, Milford, PA 18337. The project shall be described as:

MILFORD TOWNSHIP PARKING LOT REPAVING PROJECT

Sealed proposals will be received electronically via PennBid by Milford

Township, until 1:00 PM, August 3 2026. Bids will be publicly opened at the regularly scheduled Township Supervisor’s meeting, 560 Route 6 & 209, Milford, PA

18337 at 7:15 pm on Monday August 3, 2026.

Bid packages including plans and specifications, scope of services and bid documents, for the project may be obtained at no cost on PennBid at https://pennbid.bonfirehub.com.

Each bid shall be accompanied by a certified bank check for Bid Guarantee in an amount equal to five (5) percent of the amount of the Bid payable to

Milford Township as a guarantee that if the Bid is accepted, the Bidder will execute the Contract and Certificate (s) of Insurance within ten (10) days after the award of the Contract.

OWNERS RIGHTS RESERVED:

Milford Township, hereinafter called the Owner, reserves the right to reject any and all Bids submitted for the project and to waive any formality or technicality in any bid in the interest of the Owner.

STATEMENT OF NON-COLLUSION:

Bidders on the Contracts are required to execute a non-collusion bidding certificate.

Milford Township hereby notifies all Bidders that it will affirmatively insure that in regard to any Contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

BY ORDER OF

MILFORD TOWNSHIP BOARD OF SUPERVISORS

Date: July 6, 2026 https://pennbid.bonfirehub.com/

II-01

II. INFORMATION FOR BIDDERS

A. RECEIPT AND OPENING OF BIDS

Milford Township, herein called "Owner" invites Bids on the forms attached hereto, all blanks which must be appropriately filled in.

Bids must be submitted electronically via PennBid at https://pennbid.bonfirehub.com and must be received no later than the time and date specified in the Advertisement for Bids.

The Owner may consider informal any Bid not prepared and submitted in accordance with provisions hereof and may waive any informalities in or reject any and all Bids. Any Bid may be withdrawn, altered or otherwise modified within PennBid prior to the above-scheduled due date and time or authorized postponements thereof. Any bid received after the time and date specified shall not be considered. No

Bidder may withdraw a Bid within 45 days after the actual date of the opening thereof.

B. PREPARATION OF BID

Each Bid must be submitted electronically via PennBid on the prescribed form. All blank spaces for bid prices must be completed with the unit price for the item or the lump sum for which the Bid is made. In addition to the prescribed form, each Bid must be accompanied by the following:

1. Statement of Bidder’s Qualifications

2. Non-Collusive Bidding Certificate

3. Certification of Bidder Regarding Equal Employment Opportunity

4. Certification of Limited Foreign Involvement

The contractor shall not include in the Bid price any sales and compensating use taxes of the Commonwealth of Pennsylvania or of any

Town or County in the Commonwealth of Pennsylvania for any materials which are to be incorporated in the work. Milford Township has a tax exemption number and forms which will be made available to the successful bidder to the extent permitted under the present applicable statutes.

II-02

C. BID MODIFICATION AND WITHDRAWAL

Proposals may be withdrawn, altered or otherwise modified within

PennBid at any time prior to the due date and time listed in the invitation to bid.

D. STATEMENT OF NON-COLLUSION

All bidders are required to execute a non-collusion bidding certificate.

E. OWNERS RIGHTS RESERVED

OWNER reserves the right to reject any or all bids and to waive any informality or technicality in the bid in the interest of the Owner.

F. BIDDER'S QUALIFICATIONS

Each Bidder shall submit, on the form furnished, a Statement of

Bidder's Qualifications, his experience record in constructing the type of improvements embraced in this Contract, his organization and equipment available for work contemplated, and detailed financial statement. The Owner shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the contract and the Bidder shall furnish the

Owner all such additional information and data for this purpose as the Owner may request. The right is reserved by the Owner to reject any Bid where an investigation of the available evidence or information does not satisfy the Owner that the Bidder is qualified to properly carry out the terms of the contract.

II-03

G. BID SECURITY

Each bid must be accompanied by certified check of the Bidder, in the amount of 5% of the total contract bid. Such checks will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining checks will be returned promptly after the Owner and accepted bidder have executed the contract, or, if no award has been made within 45 days after the dated of the opening of bids, upon demand of the bidder at any time thereafter, as long as he has not been notified of the acceptance of his bid. Certified checks shall be made payable to Milford Township

(Owner).

H. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 15 days after he has received notice of the acceptance of his bid, shall forfeit to the

Owner, as liquidated damages for such failure or refusal, the security deposited with this bid.

I. OBLIGATION OF BIDDER/CONDITIONS OF WORK

Each Bidder must inform himself fully of the conditions relating to the construction and labor under which the work is now being or will be performed. Failure to do so will not relieve a successful Bidder of his obligations to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in his Bid.

Insofar as possible, the Contractor in carrying out his work must employ such methods or means as will not cause any interruption or interference with the work of any other contractor or the Owner's forces.

At the time of the opening of the Bids, it is understood that each

Bidder will have inspected the site and has read and is thoroughly familiar with the drawings, specifications and contract documents

(including all addenda). Failure of any Bidder to inspect the site conditions, receive or examine any form instrument or document shall in no way relieve any Bidder from any obligation in respect to his

Bid.

Bidder shall contact Shahana Shamim at (570) 296-5540 weekdays between the hours of 9 AM to 1 PM to schedule a site visit.

II-04

J. ADDENDA AND INTERPRETATIONS

No interpretations of the meaning of the drawings, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing and submitted via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com by Monday, July 20, 2026 at 5:00

P.M. Any and all such interpretations and any supplemental instructions will be in the form of written addenda. Addenda will be posted on PennBid and notification via Public Notice sent to Bidders who have registered with and downloaded documents from PennBid no later than Wednesday July 22, 2026 at 5:00 P.M. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted.

All addenda so issued shall become part of the contract documents.

K. SECURITY FOR FAITHFUL PERFORMANCE

Simultaneously with his delivery of the executed contract, the contractor shall furnish a construction performance bond and a construction payment bond in amounts equal to 100% of contract price, as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connections with this contract, as specified in the General Conditions included herein.

The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner and shall be prepared on the forms found in these contract documents.

L. MAINTENANCE GUARANTEE

The contractor shall guarantee his work for a period of one year after final acceptance by Milford Township. The contractor shall provide a guarantee against defective workmanship or material for the performance of the one year guarantee provided in the contract.

The Owner may elect the option to retain 10% of the completed works cost during this one year period or require a maintenance bond.

M. POWER OF ATTORNEY

Attorneys-in-fact who sign Bid Bonds or Payment Bonds and

Performance Bonds must file with each Bond a certified and effective dated copy of their power of attorney.

II-05

N. INSURANCE

During the life of the contract, the contractor shall maintain in full force and effect the following:

1. Workers Compensation Insurance and Disability Insurance in conformity with the applicable laws of the Commonwealth of

Pennsylvania.

2. Contractor's Comprehensive General Liability and Property Damage

Insurance.

3. Contractor's Protective Comprehensive General Liability and

Property Damage Insurance in his own name for sub-contractor operations.

4. Contractor's Protective Comprehensive General Liability and

Property Damage Insurance in the name of the Owner.

5. Bodily Injury Liability and Property Damage Liability Insurance for all automotive equipment utilized for this contract.

Milford Township must be named as "Additional Insured" and

“Certificate Holder” on all applicable policies. Proof of

Liability, Workers Compensation and Disability Insurance will be required in a format acceptable to the Owner.

O. TIME OF COMPLETION

1. Time is of the essence of this contract. The bidder agrees to commence work within 10 days of the issuance of the Notice of

Award but no later than September 3, 2026. The anticipated completion date of this project is six (6) weeks after the start date, but no later than October 15, 2026.

P. LAWS AND REGULATIONS

The bidder's attention is directed to the fact that all applicable

Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

Attention is called to the fact that Pennsylvania Prevailing Wage

Act (43 P.S. § 165-1 et seq.) applies to this project if the estimated cost exceeds $25,000.

II-06

Q. LABOR STANDARDS

The contractor and subcontractor agree to comply with the requirements of all applicable Federal, State and local laws and regulations pertaining to labor standards insofar as they apply to the performance of this contract. The contractor shall maintain documentation which demonstrates compliance with hour and wage requirement of this part. Such documentation shall be submitted to the County for review.

The contractor and each and every subcontractor performing work at the site of the project to which this contract relates shall comply with the applicable provisions of Title 34 of the Pennsylvania Code and any amendments thereto.

In the hiring of employees for the performance of work under this contract or subcontract hereunder, neither the contractor or any subcontractor, shall by reason of race or color discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates, nor shall the contractor, any subcontractor, or any person acting on behalf of the contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this contract on account of age, race, creed, color, national origin or sex, in accordance with the Pennsylvania Human

Relations Act.

There may be deducted from amount payable to the contractor by the

Owner under this contract a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this contract; provided that for a second or any subsequent violation of the terms or conditions of this Paragraph Q, this contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited.

R. EQUAL OPPORTUNITY CLAUSE

The bidder agrees to abide by the requirements under Executive Order

No. 2016-04, as amended, including specifically, the provisions of the equal opportunity clause.

II-07

S. SUBCONTRACTS

The Bidder is specifically advised that any person, for or other party to whom it is proposed to award a subcontract under this contract:

1. Must be acceptable to the Owner after verification of the current eligibility status; and

2. Must submit items #2 - #4 outlined in Paragraph B. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted their

Certifications and/or other evidence showing that it has fully complied with any reporting requirements to which it is or was subject. Although the bidder is not required to attach such

Certifications by proposed subcontractors to his bid, the bidder is hereby advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards.

T. SCHEDULE OF VALUES

Each bid must be accompanied by a Schedule of Values (SOV) and payment schedule.

U. ADDITIONS AND DELETIONS

The Owner may elect to delete from the contract any portion of the work described. Any major alterations, either subtractions or additions, will be made prior to contract award.

V. METHOD OF AWARD - LOWEST QUALIFIED BIDDER

If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with such deductible alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds.

W. ACCESS TO RECORDS

The contractor shall furnish and cause each of its subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Owner, or its agent, or other authorized County, State or Federal Officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.

III-01

III. STATEMENT OF BIDDERS QUALIFICATIONS

The Undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter. Answer all questions in a clear and comprehensive manner. This form must be completed in full and sealed (if corporation) or signed by all partners.

The bidder may submit any additional information he/she desires.

NOTE: THIS STATEMENT MUST BE NOTARIZED.

SUBMITTED BY:

Name of Bidder: __________________________________________________

Federal Identification Number: __________________________________

Permanent Principal Office Address: ____________________________

Federal ID#_________________ DUNS#____________________________

Corporation Partnership Individual Joint Venture_____

Other ________

1. Date When Firm Organized:

2. State of incorporation:

3. How many years has your organization been engaged in contracting under your present firm or trade name?

4. Have you ever failed to complete any work awarded to you? If so, note when, where, and why:

5. Has any office or partner of your organization ever been an officer or partner of another organization that failed to complete a construction contract? If so, state circumstances:

III-02

6. List name of project, owner, architect, contract amount, percentage complete and scheduled completion of the major construction projects your organization has in process on this date:

7. List name of project, owner, architect, contract amount, date of completion the major construction projects your organization has completed in the last five years:

8. List your major equipment available for this contract:

III-03

9. Experience in work similar in scope and scale to this project:

10. List the construction experience of the principle individuals of your organization:

11. Trade References:

12. Bank References:

Commonwealth of Pennsylvania Name of Bidder:

County of ( ) Date:

On this day of , 20 before me came to me known to be the individual(s) described in and who executed the foregoing instrument and acknowledged that he/she executed the same.

Notary Public

III-04

III. BID PROPOSAL

The Bid Proposal Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

(Bidder), a (corporation, partnership, sole proprietorship) organized under the laws of the State of , having examined the documents and specifications in compliance with the

Invitation For Bids on the Milford Township Parking Lot Repaving Project hereby proposes to furnish the following items at the prices set forth:

1. CONTRACT #1 __________________:

• Total Bid Price in Words*: _______________________________________

• Total Bid Price in Figures*: ______________________________________

The above price is completed and includes all costs and charges. The bid will remain open 45 days. Acceptance of this bid by the OWNER constitutes a contract.

No contract will be awarded to any corporation not incorporated in the

Commonwealth of Pennsylvania, unless and until such corporation shall have qualified to do business within the State of Pennsylvania, pursuant to the applicable statutes.

Bidder agrees that this bid is made in accordance with the construction specifications and documents.

Bidder acknowledges receipt to the following addenda:

(insert "none" if applicable)

Respectively submitted, Bidder:

By: Seal of Corporation

Accepted by:

Date: Witness:

Bidder's Mailing Address: Bidder's Telephone Number:

III-05

BID BOND

KNOW ALL MEN BY THESE PRESENTS; that we, the undersigned

, as Principal held and firmly bound unto the in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed, this day of , 20 .

The condition of the above obligation is such that whereas the Principal has submitted to a certain Bid, bound herewith and hereby made a part hereof, to enter into a contract in writing for the construction of

NOW THEREFORE,

(a) If said Bid shall be rejected, or in the alternate

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, shall in all other respects perform the agreement created by the acceptance of said Bill.

Then, this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected any extension of the time within which the Principal may accept such Bid; and Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers the day and year first set forth above.

(L.S.) (SEAL)

(Principal)

(Surety)

By

III-06

(Acknowledgment of Principal, if a Corporation)

State of )

) S.S.:

County of )

On this day of , 20 before me personally came and appeared , to me known, who being by me duly sworn, did dispose and say that he resides at

; that he is the of

, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that on of the impressions affixed to said instrument is an impression of such seal; that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order.

(SEAL)

(Notary Public)

(Acknowledgment of Surety) personally came and appeared , to me known, who being by me duly sworn, did dispose and say that he resides at

; that he is the of

, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that on of the impressions affixed to said instrument is an impression of such seal; that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order.

III-07

(Acknowledgment of Principal, if a Partnership) personally came and appeared , to me known and known to me personally to be one of the members of the firm of

; described in and who executed the same as and for the act and deed of said firm.

(Acknowledgment of Principal, if an Individual) personally came and appeared , to me known and known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same.

III-08

NON-COLLUSIVE BIDDING CERTIFICATION

STATE OF )

) SS:

COUNTY OF )

I, of the (Town, Village, City) of in the County of and the

State of of full age, being duly sworn according to law on my oath depose and say that:

I am , an officer of the firm of the bidder making the Proposal for the above named work, and that I executed the said Proposal with full authority to do so;

that said bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise in connection with the above named work; and that all statements contained in said Proposal and in this affidavit are true and correct, and made with the full knowledge that as Owner relies upon the truth of the statements contained in said

Proposal and in the statements contained in this affidavit in awarding the contract for said work.

The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any bidder, with any competitor;

Unless otherwise require by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder, and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor;

No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition;

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bonafide employees or bonafide established commercial or selling agencies maintained by

(Name of Contractor)

Subscribed and sworn to

(Also type or print name and title of affiant under signature) before me this day of 20___

Notary Public of

My commission expires , III-09

EEO CERTIFCATION

INSTRUCTIONS

This certification is required pursuant to Executive Order 2016-04. The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractor, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause: and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER

NAME AND ADDRESS OF BIDDER (INCLUDE ZIP CODE)

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.

└──┘ No └──┘ Yes

2. Compliance reports were required to be filed in connection with such contract or subcontract.

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?

NAME AND TITLE OF SIGNER (Please type)

SIGNATURE ▌ DATE

IV-01

IV. NOTICE OF 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 to BIDDERS.

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

You are required by the Information to Bidders to execute the contract and furnish the required CONTRACTORS Performance Bond and Labor and Material Bond within the period of time specified herein.

If you fail to execute said CONTRACT and to furnish said BONDS within said specified period of time, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your 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.

1. You, as the low Bidder, are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER within fourteen (14) calendar days of the date of this Notice by certified mail, return receipt requested.

2. The Contract Signing has been scheduled for day of , 20 , at prevailing local time at the

NOTICE OF AWARD, dated this day of

, 20 .

Owner

By:

Title:

ACCEPTANCE OF NOTICE:

Receipt of the above NOTICE OF AWARD is hereby acknowledged by this the day of

, 20 .

By:

Title:

V-01

V. 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 .

Owner

Title

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledge by this the day of , 20____

Title

VI-01

VI BONDS

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that

(Insert Name and Address of Contractor) as Principal, hereinafter called the Principal, and

(Insert Name and Address of Surety) as Surety, hereinafter called the Surety, are held and firmly bound unto the Milford Township, as Obligee, hereafter called the Owner, in the amount of Dollars ($ ), for payment whereof Principal and Surety bid themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated day of 20 , entered into a contract with the

Owner for the Milford Township Parking Lot Repaving Project in accordance with the plans and specifications prepared by the OWNER, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that is the

Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, term conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and fully indemnify and save harmless the

Owner all outlay and expense which it may incur in making good any such default, then this obligation is to be null and void, otherwise to remain in full force and effect.

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

VI-02

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals on the date indicated below.

Signed and sealed this day of , 20 .

IN THE PRESENCE OF (SEAL)

( (Principal)

(Title)

( (Surety)

On this day of , 20 , before me personally came and appeared to me known and known to me, being duly sworn, did depose and say that he resides at that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors of said corporation and that he signed his name thereto by like order.

VI-03

On this day of , 20_ , before me personally known to me, being duly sworn, did depose and say that he resides at that he is the of the the corporation described in and which executed the foregoing instruments; that he knows the seal of said corporation; that one of the seals affixed to said known to me personally to be one of the member of the firm of

, described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as and for the act and deed of said firm.

VI-04

known to me to be the person described in and who executed the foregoing

If the Contractor (Principal) is a partnership, the bond should be signed by each of the individuals who are partners.

If the Contractor (Principal) is a corporation, the bond should be signed in its correct corporate name by a duly authorized officer, agent, or attorney-in-fact.

There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts of the Contractor.

Each executed bond should be accompanied by (a) appropriate acknowledgments of the respective parties; (b) appropriate duly certified copy of Power of Attorney or other certificate of authority where bond is executed by agent, officer, or other representatives of Principal or

Surety; (c) a duly certified of Attorney or other certificate of authority of its agent, officer or representative was issued, and (d) duly certified copy of latest published financial statement of assets and liabilities of Surety.

VI-05

LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS, that

(Insert Name and Address of Contractor) as Principal, hereinafter called the Principal, and

(Insert Name and Address of Surety) as Surety, hereinafter called the Surety, are held and firmly bound unto the OWNER , as Obligee, hereafter called the Owner, in the amount of

Dollars ($ ), for payment whereof

Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated day of 20_ , entered into a contract with the

Owner for the in accordance with the plans and specifications prepared by the OWNER, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the

Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for used in the performance of the Contract, then this obligation shall be void;

otherwise it shall remain in full force and effect, subject, however, to the following conditions:

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

Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed but not be limited to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental or equipment directly applicable to the Contract.

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

VI-06

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

(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within

Ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner, or

Surety, at any place where an office is regularly maintained for the transactions of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer.

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

(c) Other than in a State Court of competent jurisdiction in and for the county or other political subdivision of the State in which the project, or any part thereof, is situated, or in the United States

District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.

4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of payment by

Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond.

5. Notwithstanding any of the foregoing limitations herein, this bond shall secure the prompt payment or discharge otherwise of any claim filed within the provisions of the Labor or Lien Law of the Commonwealth of

Pennsylvania governing liens on account of public improvements, notice of which is given by the Obligee to the Surety within 30 days after the filing thereof with the Obligee, addressed to the Surety at the following address:

(Unless a proper address is inserted above, this bond shall be unacceptable to the Obligee.)

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

VI-07

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals on the date indicated below.

Signed and sealed this day of , 20_ .

IN THE PRESENCE OF (SEAL)

( (Principal)

( (Surety)

On this day of , 20__ , before me personally came and appeared to me known and known to me, being duly sworn, did depose and say that he resides at that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to said

VI-08

known to me, being duly sworn, did depose and say that he resides at that he is the of the the corporation described in and which executed the foregoing instruments; that he knows the seal of said corporation; that one of the seals affixed to said known to me personally to be one of the member of the firm of

, described in and who executed the

VI-09

known to me to be the person described in and who executed the foregoing

If the Contractor (Principal) is a partnership, the bond should be signed by each of the individuals who are partners.

If the Contractor (Principal) is a corporation, the bond should be signed in its correct corporate name by a duly authorized officer, agent, or attorney-in-fact.

There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts of the Contractor.

Each executed bond should be accompanied by (a) appropriate acknowledgments of the respective parties; (b) appropriate duly certified copy of Power of Attorney or other certificate of authority where bond is executed by agent, officer, or other representatives of Principal or

Surety; © a duly certified of Attorney or other certificate of authority of its agent, officer or representative was issued, and (d) duly certified copy of latest published financial statement of assets and liabilities of

Surety.

VII-01

VII. CONTRACT

THIS AGREEMENT, made and executed on this _______day of _______, of 20___, by and between Milford Township, (herein called "Owner") located at 560

Route 6 & 209, Milford, PA, party of the first part and

_________________________ , the Contractor, party of the second part.

WITNESSETH, that the parties of these presents, each in consideration of the agreements of the other herein contained have agreed and hereby agree the party of the first part for itself, and its successors, and the party of the second part for itself, himself or themselves, and for his or their heirs, executors and administrators, or successors, as follows:

WORK TO BE DONE:

FIRST: The contractor shall furnish all the materials, labor, and means and shall do all the work necessary for the project, complete in accordance with the specifications hereto annexed and with the drawings, if any, therein referred to, and including everything properly incidental to the work. The specifications, and bond, hereto annexed, and the contract drawings described in the specifications are hereby made part of this contract.

DEFINITIONS:

SECOND

(Owner) the word "(Owner)" used in place thereof shall mean "Milford

Township", and/or official authorized representative of "Owner".

Contractor - the word "Contractor" used in place thereof shall mean the

Contractor or firm or corporation of Contractors of his or their authorized representative or agent, contracting to perform the work herein specified, i.e., the subscribing party of the second part to this

Contract, or his or their authorized representative or agent.

Definition of Terms - the words "as directed", "as required", "as permitted", "as allowed", or similar phrases shall mean that the director, requirement or permission of the Owner is intended and similarly the words

"approved", "reasonable", "suitable", "properly", "satisfactory", or similar words to like effect or similar impact refer to the approval or acceptance of the work by the Owner.

Owner - "Owner" shall be Milford Township.

VII-02

THIRD: All the work under this Contract shall be done pursuant to specifications and contract drawings annexed. The Owner shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to the fulfillment of this Contract on the part of the Contractor, and the Owner's reasonable determination and decision, in case any question shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder.

The Owner shall make all necessary explanations as to the meaning and intent of the Contract, specifications and drawings, and shall give all orders and directions contemplated therein or hereby in every case in which a difficult or unforeseen condition shall arise in the performance of the work required by this contract.

LIABILITY OF CONTRACTOR, INDEMNITY, ETC.:

FOURTH: The Contractor shall take all responsibility of the work, and take all precautions for preventing injuries to persons and property in or about the work; he shall bear all losses resulting to him on account of the amount or character of the work, or because the nature of the land in or on which the work is done is different from what was estimated or expected, on account of the weather, elements, riots, civil disorders or other causes; and he shall assume the defense of, and indemnify and save harmless the party of the first part and its officers and agents, from all claims relating to labor or materials furnished for the work, and to inventions, payments and patent rights used in doing the work, and to injuries or damages to persons, corporations or property received or sustained by or from the Contractor and his employees in doing the work, or in consequence of any improper materials implements or labor used therein, and to any act, omission or neglect of the Contractor and his employees.

RESPONSIBILITY OF CONTRACTOR FOR PLANT AND METHODS:

FIFTH: The Contractor shall provide and install such construction plant and shall use such methods and appliance for the performance of all operations connected with the work to be done under this contract as will secure a satisfactory quality of work and a rate of progress, which, in the opinion of the Owner, will insure the completion of the work within the time stipulated. If, at any time before the commencement, or during the progress of the work or any part of it, such methods or appliances appear to the Owner to be unsafe, inefficient, or inadequate for securing the safety of the workmen, the quality of the work or the rate of progress required, he may order the Contractor to increase their safety, efficiency, or adequacy, or to improve their character and the Contractor shall comply with such order; but the failure of the Owner to make such demand shall not relieve the Contractor from his obligations to secure the safe conduct, the quality of the work and the rate of progress required by the Contract, and the Contractor alone shall be responsible for the safety, efficiency and

VII-03

adequacy of this plant, appliances and methods.

QUANTITIES APPROXIMATE:

SIXTH: The Contractor hereby admits and agrees that the amounts and quantities of materials to be furnished and work to be done, as stated in the instruction to bidders, or as otherwise shown herein or on the contract drawings, may not be even approximately correct, are subject to variations, and may be more or less that will enter into the construction of the work; that he has judged for himself as to all conditions and limitations applying to said work or affecting the cost of is performance by him; and he will not ask, demand, sue for or recover for the work any extra compensation beyond the amount payable for the several classes of work, as itemized and enumerated herein, which shall be actually performed at the prices therefore agreed upon and fixed.

The Contractor further agrees that the Owner shall have the right to increase or diminish said quantities of work contemplated to be performed and that the Owner shall have the option of making, at any time, any change in the line, plan, form, positions, dimensions or materials of any of the work herein contemplated, and that in case the quantities or any of them are diminished, no claim shall be made by the contractor for damages or loss of anticipated profits, or loss by reason of material ordered or on hand, and that in case the quantities, or any of them are increased, they shall be paid for only at the contract price established therefor herein, and that payment shall be made only for the quantities or amount actually furnished, whether said quantities are more or less then estimated in advance.

LAWS AND REGULATIONS:

SEVENTH: The Contractor shall keep himself fully informed of all laws and municipal ordinances and regulations in any manner affecting the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to, in relations to any such law, ordinance, regulation, order or decree, he shall forthwith report the same in writing to the Owner. He shall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the party of the first part of its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself or by his employees.

VII-04

HOURS OF LABOR, WAGES, ETC.:

EIGHTH: In accordance with the Commonwealth of Pennsylvania Department of

Labor, the minimum hourly rate of wage to be paid for a legal days' work, to laborers, workmen, or mechanics upon the work to be performed under this contract, or upon any material to be used upon or in connection therewith shall be not less than the prevailing rate for a day's work in the same trade of occupation in the locality wherein the said work on, about or in connection with which such labor is performed in its final or completed form is to be situated, erected and used. Such laborers, workmen, and mechanics shall be paid, however, not less than such hourly minimum rates of wage, as designated by the Commonwealth of Pennsylvania

Department of Labor Prevailing Rate Schedule, and set forth in the specifications hereto annexed, and shall be paid in cash.

It is further understood and agreed that this Contract shall be void and of no effect unless the Contractor shall secure compensation for the benefit of, and keep covered during the life of said Contract, all employees employed in the work provided for in this contract in compliance with the provisions of the Workmen's Compensation Law.

It is further agreed that the following provisions of the Labor Law shall be complied with by the Contractor.

(a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no Contractor, Subcontractor, nor any person acting on behalf of such Contractor or Subcontractor, shall be reason of race, creed, color or national origin discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates;

(b) That no Contractor, Subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employees hired for the performance of work under this contract on account of race, creed, color or national origin;

(c) That this contract may be canceled or terminated by the said Owner and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract.

(d) The Contractor and each and every Subcontractor, if any, shall file with the Owner in writing, in a form reasonably and satisfactorily to the

Owner, certifying to the amount then due and owing from Contractor or

Subcontractor filing such statement to any and all laborers for daily or weekly wages on account of labor performed upon the work under the

Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due to each respectively, which statement, so to be filed, shall be verified by the oaths of the contractor or subcontractor, as the case may be, that he has read such statement subscribed by him and knows the contents thereof and the same is true of his own knowledge; and such statement shall show payment of such wages to the rate to…