1-Park Restroom Project Specs and Contract 2026 FINAL.pdf

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 1

The Borough of Carroll Valley

Request For Proposals

Carroll Commons Restroom Project

Contract Administrator:

David Hazlett, Borough Manager

5685 Fairfield Road

Fairfield, Pennsylvania 17320 manager@carrollvalley.org

(717) 642-8269 mailto:manager@carrollvalley.org

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 2

Dated: September 15, 2026

Invitation To Bid

The Borough of Carroll Valley (The Borough) is soliciting proposals from qualified, licensed general contractors for the construction of a new 7' x 7' ADA-compliant public restroom building with an exterior concrete pad at Carroll Commons Park, 5685 Fairfield Road, Fairfield, PA. This project is being funded by a Local Share Account (LSA) Grant.

The building will serve park visitors and supplement existing facilities.

This project has been grouped into 2 Alternates. Bidders may submit proposals for any combination of Alternates.

Construction is expected to start in Fall 2026 and must be completed by May 1, 2027. Bidders are strongly encouraged to visit the site and review the Specifications to ensure full understanding before submitting their bids.

Bids shall be submitted only on the approved bid form included in the bidding documents or via the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified. While bidders may comment to clarify their bid, Bidders cannot change, modify, delete, or add to the wording of any bidding document, including but not limited to the Agreement. Unauthorized conditions, exceptions, limitations, or provisions attached to a bid may be cause for rejection of the bid. Any questions regarding the bidding documents or the scope of the project shall be submitted via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com by November 2, 2026, at 4:00 PM. The Borough will answer all RFIs via an addendum and post it on PennBid before the bid opening date. Notifications will be sent to Bidders who have registered with and downloaded documents from PennBid.

The Borough Council of the Borough of Carroll Valley (Borough Council) intends to award the contract to the overall lowest responsible bidder, as determined by Borough Council in the best interest of the Borough.

A bid bond is not required for this project. Pursuant to the Public Works Contractors Bond Law of 1967, both performance and payment bonds are required. A performance bond guaranteeing performance of the contract, in an amount equal to 100% of the contract value, will be due to The Borough within twenty (20) days after notice of intent to issue the award. A payment bond, in an amount equal to 100% of the contract value, will be due to The Borough of Carroll Valley within twenty (20) days after the award, and shall be issued for the protection of claimants supplying labor or materials to the prime contractor to whom the contract was awarded, or to any of its subcontractors, in the prosecution of the work provided for in the contract, and shall be a condition for the prompt payment of all such material furnished or labor supplied or performed in the prosecution of the work.

This project will be financed, in part, by a Local Share Account Grant from the Commonwealth of Pennsylvania acting through the Department of Community and Economic Development.

Borough Council reserves the right to reject any or all bids or award the contract to the lowest responsible bidder for the option of their choosing. Borough Council reserves the right to waive any defects, errors, omissions, irregularities, or informalities in a bid or the bid procedure; and to accept any bid which it may deem to be in the best interest of the Borough.

Bids will be received electronically via PennBid at https://pennbid.bonfirehub.com or in writing at the Borough Office, 5685 Fairfield Road, Fairfield, PA until 2:30 PM on November 5, 2026. Any bid received after said date and time will not be accepted

Bids may be taken under advisement, and the contract, if awarded, will be awarded within sixty (60) days after the bid opening, or up to 120 days if the sale of bonds, award of grant, or governmental approval is required. Borough Council intends to award the contract at an official public meeting of the Borough on Tuesday, November 10, 2026, at 7:00 PM.

The Borough is an Equal Opportunity Employer. Minority- and women-owned businesses, and those defined as Socially and Economically Restricted Businesses (SERBs) under State regulations, are encouraged to submit proposals.

https://pennbid.bonfirehub.com/

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 3

TABLE OF CONTENTS

REQUEST FOR PROPOSALS

CONTRACTOR QUALIFICATION STATEMENT

SCOPE OF WORK

GENERAL REQUIREMENTS

EARTHWORK

ADMINISTRATION

APPENDIX A: REQUEST FOR PROPOSALS

APPENDIX B: SERVICE CONTRACT/AGREEMENT

ATTACHMENT C: PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

ATTACHMENT D: NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

BIDDER AFFIDAVIT

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 4

REQUEST FOR PROPOSALS

1. Sealed bids for the Borough Public Park Restroom Project are to be submitted electronically via PennBid at https://pennbid.bonfirehub.com, or in writing at the Borough Office, 5685 Fairfield Road, Fairfield, PA. Bids will be received until 2:30 PM on Thursday, November 5, 2026. Sealed Bids received after this Bid Deadline will not be accepted.

2. Bids must be submitted on the official forms contained herein or via the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified, and will be considered complete only if containing the required information as described in this document and signed by an authorized official of the bidding company in the space provided.

3. Bidding Documents can be obtained at no cost on PennBid at https://pennbid.bonfirehub.com or by email at manager@carrollvalley.org

4. Bidders are strongly encouraged to visit the site and review the Specifications for comprehension prior to submitting their bids.

5. Bids may not modify the General Provisions, Specifications, or the Bid Form in any way.

6. Proposals may be withdrawn, altered, or otherwise modified within PennBid at any time prior to the due date and time.

7. A Bid that has been submitted may be withdrawn by the bidder up to the Bid Deadline. Bids may not be withdrawn for a period of 30 days after the bid opening.

8. A Performance and Payment Bond in the amount of at least equal to One Hundred Percent (100%) of the accepted bid as security for the faithful performance of the contract must be submitted within 20 days of the contract award date.

9. A formal Service Agreement including a Construction Schedule and Payment Schedule shall be issued following the Bid Award. The Borough shall handle all payments. Acceptance of the Service Contract constitutes acceptance of the contract work as specified in the Bid.

10. Construction shall commence upon receipt of the Notice to Proceed following the Bid Award. Excavation work is to take place only when the ground is not frozen.

11. If a contract extension is needed due to inclement weather, acts of God, and acts beyond the control of the contractor, such as strikes, fire, lockouts, unusual delays in shipment, the Borough and the contractor shall mutually agree on a reasonable extension of time.

12. Project Partners assure that minority business enterprises will be afforded full and equal opportunity to submit bids in response to this invitation and are specifically encouraged to do so. By submitting a Bid, Contractor agrees that if awarded this contract, Contractor shall not discriminate against any person who performs work there under because of race, color, religion, creed, sex, age, national origin, marital status, or presence of any sensory, mental, or physical handicap.

13. The Project includes two construction methods and is requesting pricing for both, so that the Borough may select the option that best fits its budget and long-term maintenance goals. Bidders can bid on one or both.

14. Bidder must provide the Borough with at least three (3) references for similar work, services, or products with applicable contact information to be submitted with the Bid Packet. These references shall verify that Bidder has successfully delivered or performed similar projects or commodities.

15. Each Bid must contain evidence of Bidder’s qualification to do business in the Commonwealth of Pennsylvania, or covenant to obtain such qualification prior to and as a condition of the award for the Contract.

16. No bid will be accepted from, nor will any contract be awarded to any person who is in arrears with the Borough of Carroll Valley upon debt or contract, or who is in default as surety or otherwise, upon any obligation to said Borough or whose work has heretofore proved unsatisfactory or dilatory. The contract will be awarded to the https://pennbid.bonfirehub.com/ mailto:%20manager@carrollvalley.org

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 5 lowest responsive and qualified bidder. The Borough reserves the right to reject any or all bids, to waive minor informalities or irregularities, and/or accept the bid deemed in the best interest of the Borough.

17. This project will be financed, in part, by a Local Share Grant from the Commonwealth of Pennsylvania acting through the Department of Community and Economic Development.

18. Compliance with all provisions of the Pennsylvania Prevailing Wage Act, including submissions of certified payroll reports, will be required.

19. The following documents have been attached to this request for proposal and should be considered part of the official bid documents:

a. Prevailing Wage Determination

b. PA Certified Payroll Form

c. DCED Non-Discrimination Sexual Harassment Clause

d. Appendix A: Request for Proposals

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 6

GENERAL PROVISIONS

1. LICENSES, PERMITS AND TAXES: The Contractor is responsible for securing all permits and licenses, paying all charges, fees, and taxes, and giving all notices necessary for the lawful execution of the work.

2. LAWS TO BE OBSERVED: The Contractor shall observe and comply with all Federal and State laws, all local bylaws, regulations, ordinances, and decrees which affect the conduct of the work or those engaged or employed on the work

3. INDEMNIFICATION: The Contractor shall indemnify, defend, and hold harmless The Borough and their officers, agents, employees, successors, and assignees from any and all claims, lawsuits, losses, and liability arising out of Contractor's failure to perform any of Contractor’s duties and obligations hereunder or in connection with the negligent performance of Contractor’s duties or obligations, including but not limited to any claims, lawsuits, losses, or liability arising out of Contractor’s malpractice or violation of any law, bylaw, ordinance, regulation, order of decree whether by Contractor or Contractor’s employees.

4. CONTRACTOR'S INSURANCE: The Contractor must have all required insurance in place and file a Certificate of Insurance verifying coverage to be approved by The Borough before starting any work. The Borough’s approval of the insurance does not reduce or limit the Contractor’s responsibilities under this contract. The Borough reserves the right to consult with the Contractor’s insurance agent for disclosure of relevant policy information, including but not limited to exclusions, endorsements, and claims in progress.

a. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE: The Contractor shall provide proof of workers’ compensation coverage for all employees who will work on this project. Prior to subcontractor involvement in the project, the Contractor shall also provide proof of workers’ compensation and employers’ liability insurance, if required, for each subcontractor.

b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall provide coverage, during the entire term of this contract, against claims arising out of bodily injury, death, damage to or destruction of the property of others, including loss of use thereof, and products and completed operations, in an amount not less than Five Hundred Thousand Dollars ($500,000) per occurrence and One Million Dollars ($1,000,000) in aggregate.

c. RIGHT TO REJECT: The Borough reserves the right to reject a certificate of insurance if the insurance company is widely regarded in the insurance industry as financially unstable. This includes, but is not limited to, insurance companies with an “Omit” rating in the AM Best insurance rating guide.

d. PAYMENT OF PREMIUMS AND NOTICE OF REVOCATION: All required insurance policies shall be in effect for the duration of this Contract. All policies shall be primary and not contributory. Contractor shall pay the premiums on all insurance certificates which must include a clause stating that the insurance may not be revoked, canceled, amended, or allowed to lapse until the expiration of at least thirty (30) days' advance written notice to the Borough.

5. CERTIFICATE OF INSURANCE: The Contractor shall verify compliance with the unemployment insurance, general liability insurance, and workers’ compensation programs by providing a Certificate of Insurance (COI) naming the Borough as additionally insured prior to performing work under this Contract. Certificates of insurance (COI) listing the Commonwealth Financing Authority as an additional insured will be required for grant compliance.

6. PENNSYLVANIA STATE PREVAILING WAGE ACT: This project may be subject to prevailing wage. Not less than the prevailing hourly rate of wages for work under this bid shall be paid to all workers unless otherwise specified in writing by the PA Bureau of Labor Law Compliance (717-705-7256) prior to the Bid Deadline.

7. CONSTRUCTION WAGE AND EMPLOYEE RECORDS: Contractors and all sub-contractors must maintain accurate records of employees, names, occupations, and wages paid to employees, which are reviewable by the PA Department of Labor & Industry or the Borough. Violation of this section is subject to criminal sanctions.

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 7

CONTRACTOR QUALIFICATION STATEMENT

To be considered a responsive bid, the information described below, along with this page, must be signed and provided with the Bid Submittal Form:

BIDDERS’ QUALIFICATION STATEMENT:

1. CONTRACTOR QUALIFICATIONS: A minimum of three (3) references for similar construction projects that include specifications and quantities similar to those described for this project. Information must include:

a. Project name and location

b. Contact information of the direct manager of the project (name, address, telephone number)

c. Date and duration of project

d. Description of services performed

e. Contracted amount

2. PROJECT APPROACH: Proposed construction schedule and approach to this project, including:

a. Proposed Timeline

b. Machines (owned or rented)

c. Materials

d. Subcontractors to be utilized

e. Identification of on-site personnel and narrative of their experience on similar projects and with similar equipment/materials

f. Identified site challenges and your proposed solutions.

(Name of Bidder) (Signature)

(Date)

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 8

SCOPE OF WORK

GENERAL REQUIREMENTS

1. WORK ITEMS: Completion of on-site investigation of existing conditions; furnish all labor, equipment, supplies, and materials necessary to construct The Borough of Carroll Valley (The Borough) Public Park Restroom Project.

2. PROJECT LOCATION: The work will be completed on the property identified as 5685 Fairfield Road, Carroll Valley, Adams County, PA, on land owned by The Borough.

3. DESCRIPTION OF WORK: Construction of a new 7' x 7' ADA-compliant public restroom building with an exterior concrete pad

4. SITE INVESTIGATION: Contractor is responsible for assessing the location of the work and the general and local conditions of the site by visiting and becoming thoroughly familiar with the site

5. MATERIALS: Materials as referenced in these specifications shall mean equipment, tools, materials, or any other item necessary for the work. Materials provided by the Contractor shall comply with the Specifications. The Borough shall not bear the cost of delays caused by the non-availability of specified items when the Contractor could have avoided them. The Contractor is responsible for proving that substituted materials are equivalent to those required by the Specifications. Substitute materials may be used with prior written approval by the Borough. The Contractor must provide sufficient documentation in ample time for the Borough's review. Contractor must not assume that substitutions will be granted.

6. WORKMANSHIP: Workmanship shall be of the best quality, uniform quality and appearance, and should emphasize aesthetics, user experience, durability, and environmental sensitivity.

7. POWER AND WATER: The Contractor is responsible for arranging for power and water required for construction purposes. Prior to the Completion Deadline, the Contractor shall remove all temporary utility lines. The Contractor is responsible for locating and avoiding all utilities.

8. STAGING AREA: Staging areas for on-site storage of equipment, materials, or other items that are needed for construction will be approved by the Borough before construction begins.

9. PRESERVATION OF VEGETATION: The Contractor shall exercise care to protect trees and vegetation from damage due to construction operations except where clearing is required for project components. The Borough shall approve clearing required solely for construction access in writing. The Contractor shall prevent any unnecessary destruction or damage to the natural surroundings in the vicinity of the construction and shall repair, replant, reseed, or otherwise correct any damage as directed by the Owner’s Representative and at the Contractor's expense.

10. WORKSITE CLEANLINESS: Due to the public nature of the project site, maintaining a secure, organized, and tidy worksite is important. The Contractor shall remove general debris and waste and maintain worksite organization throughout the project to the Borough's satisfaction. The Contractor is responsible for any vandalism that occurs during the project.

11. PERMITS: The Contractor is responsible for complying with all federal, state, county, or local permits for the duration of the project. The Contractor is responsible for applying for, paying for, and retaining any applicable permits on site.

12. LAWS TO BE OBSERVED: It shall be the responsibility of the Contractor to become familiar with and comply with federal, state, and local code enforcement, including the Federal Occupational Safety and Health Act of 1970 (OSHA).

EARTHWORK

1. GENERAL: All costs for earthwork and excavation for this project are considered integral to the project. No excavation shall be made while the ground is frozen without written approval from the Owner’s

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 9

Representative. Any damage to the work due to the Contractor's operations shall be repaired by the Contractor at their own expense. Material beyond the required or prescribed excavation dimensions which is loosened or disturbed by the Contractor's operations shall be removed or fine graded at the expense of the Contractor.

2. BACKFILL: The material to be compacted shall be deposited in uniform layers which shall not be more than 6 inches in thickness.

ADMINISTRATION

1. PROJECT DURATION: The work shall commence following the Notice to Proceed and will be completed according to the approved Project Schedule. Construction is to progress without interruption until the job is complete. Bidders shall understand that if circumstances so arise that a contract extension is needed, one shall be granted due to inclement weather, acts of God, and acts beyond the control of the Contractor.

The Contractor shall request time extensions in writing within one week of the event that caused the delay. The Owner’s Representative and the Contractor shall mutually agree on a reasonable extension of time. It is understood that the project must be completed by May 1, 2027.

2. PAYMENT: The Contract Price shall be full compensation for all labor, materials, equipment, lodging, mobilization, incidentals, and other expenses necessary to complete the project according to the Scope of Work, General Provisions, and Specifications (Appendix A). Payment will be based on the agreed-upon schedule submitted by the successful bidder and approved by The Borough at the time of contract signing.

3. INSPECTION AND ACCEPTANCE: Project Partners may inspect the project site periodically. Contractor shall notify The Borough of the projected completion date not less than ten (10) days prior to project completion. Not less than five (5) business days prior to project completion, The Borough shall provide a written “Final Punch List” to the Contractor. The Borough and the Contractor shall strive to agree on items to be included in the Final Punch List, and any corrections shall be made at that time. When items identified on the Final Punch List are complete, the Borough will issue a letter of acceptance. No deviations will be allowed unless approved in writing by the Borough.

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 10

APPENDIX A: REQUEST FOR PROPOSALS

(By Incorporation)

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 11

APPENDIX B: SERVICE CONTRACT/AGREEMENT

THE BOROUGH OF CARROLL VALLEY PUBLIC PARK RESTROOM PROJECT CONSTRUCTION AGREEMENT

THIS AGREEMENT (“AGREEMENT”) made this _____ day of _______________, 2026, by and between The BOROUGH OF CARROLL VALLEY, a municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal address of 5685 Fairfield Road, Fairfield, Pennsylvania 17320 (the “BOROUGH”) and ___________________, with a principal address of _____________________________________ (the “CONTRACTOR”).

WHEREAS, the BOROUGH owns the property at 5685 Fairfield Road, Fairfield, PA 17320 (the “Property”); and

WHEREAS, the BOROUGH has determined that it desires the construction of a Public Park Restroom Project; and

WHEREAS, at the regularly scheduled Borough Council meeting on ___________________, 2026, the Borough Council of The Borough of Carroll Valley (“Borough Council”) voted to solicit proposals to construct a Public Park Restroom; and

WHEREAS, on _______________, 2026, the BOROUGH released a Request for Proposals (“RFP”) soliciting bids from contractors to construct the Public Park Restroom; and

WHEREAS, after considering the responses to the RFP, Borough Council, at its regular meeting on __________, 2026 selected CONTRACTOR to complete the construction of the Public Park Restroom and other related services (the “SERVICES”); and

WHEREAS, CONTRACTOR has presented a proposal to the BOROUGH, dated ___________________________, for such SERVICES (the “Proposal”), which Proposal is attached hereto and incorporated herein as Exhibit “A”, and desires to provide the SERVICES to the BOROUGH in accordance with the terms and conditions of this AGREEMENT; and

WHEREAS, Borough Council has determined that it is in the best interest of the community and its citizens to enter into an agreement with CONTRACTOR to perform the SERVICES; and

WHEREAS, the BOROUGH desires, and CONTRACTOR agrees that CONTRACTOR shall perform the SERVICES in accordance with the terms and conditions of this AGREEMENT.

NOW THEREFORE, in consideration of the foregoing and intending to be legally bound, the parties hereto agree as follows:

1. RECITALS

1.1 The above recitals are incorporated herein by reference thereto and made a part of this AGREEMENT.

2. TERM

2.1 The term of this AGREEMENT shall commence upon execution by both PARTIES and shall remain in effect until the BOROUGH certifies that the CONTRACTOR has completed all duties required by this AGREEMENT, or until otherwise terminated as set forth more fully in this AGREEMENT.

3. SCOPE OF SERVICES

3.1 CONTRACTOR’s responsibility under this AGREEMENT shall be as set forth in the RFP, which is incorporated herein by reference, and to provide all customary services necessary to construct the Public Park Restroom in accordance with the specifications set forth in this AGREEMENT and the RFP, except for those services that are expressly excluded from the CONTRACTOR’s responsibilities by this AGREEMENT. SERVICES will be provided by CONTRACTOR as requested by the BOROUGH in accordance with the terms and conditions set forth herein.

3.2 CONTRACTOR shall coordinate its SERVICES with the BOROUGH and specifically with the Borough Manager or his representative. CONTRACTOR shall be entitled to rely on the accuracy and completeness of services and information furnished by the BOROUGH and the BOROUGH’s consultants. CONTRACTOR shall provide prompt written notice to the BOROUGH if CONTRACTOR becomes aware of any error, omission, or inconsistency in such services or information.

3.3 The scope of CONTRACTOR’s work shall include the following:

• Obtaining all necessary permits for the completion of the work, including building permits, zoning approvals, and any other governmental approvals required.

• Site preparation, including grading and excavation necessary for the Public Park Restroom.

• Construction of a new 7' x 7' ADA-compliant public restroom building with an exterior concrete pad

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 12

• Grading and site restoration upon completion of construction.

• All work shall be performed in compliance with applicable building codes, zoning ordinances, and all other Federal, State, and local laws and regulations.

4. GENERAL STANDARDS

4.1 CONTRACTOR shall expeditiously perform all SERVICES in accordance with the generally accepted standards and practices used in the profession. CONTRACTOR shall render diligently and competently all SERVICES, with due consideration given to applicable laws, regulations, and environmental requirements and the protection of the public health, safety, and welfare. The enumeration of specific duties and obligations to be performed by CONTRACTOR hereunder shall not be construed to limit the services CONTRACTOR may be required to perform to complete all SERVICES necessary to effectuate the intent of this AGREEMENT.

4.2 CONTRACTOR shall not commence performance of the SERVICES until receipt of written authorization from the BOROUGH to do so.

5. ADDITIONAL SERVICES

5.1 The BOROUGH may request, or CONTRACTOR may suggest additional services (hereinafter “ADDITIONAL SERVICES”) that are necessary. In the event the BOROUGH requests ADDITIONAL SERVICES or CONTRACTOR suggests ADDITIONAL SERVICES, CONTRACTOR shall prepare and submit to the BOROUGH a proposal detailing the scope of work requested and the proposed maximum fee for such ADDITIONAL SERVICES (the proposed fee shall reflect estimated hours and reimbursable expenses). If the ADDITIONAL SERVICES proposal is approved by the BOROUGH, the total fee charged by CONTRACTOR shall not exceed the accepted proposal fee for such

ADDITIONAL SERVICES.

5.2 Any alteration, modification, or deviation from the not-to-exceed maximum Contract Price and/or the number of days or dates to achieve any and all milestones and completion of the SERVICES must be carried out upon written Change Order signed and dated by both the BOROUGH and CONTRACTOR. Change Orders, when signed and executed by CONTRACTOR and the BOROUGH, shall be made part of this AGREEMENT. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Schedule with respect to any work performed that is not required by this AGREEMENT.

5.3 The Borough Manager, or his duly appointed designee, has the authority to approve all Change Orders which are necessary and/or advisable for the completion of the SERVICES. Notwithstanding the foregoing, the Borough Manager, in his absolute authority, may choose to submit a particular Change Order to Borough Council for approval.

6. SCHEDULE / TIME FOR PERFORMANCE OF SERVICES

6.1 CONTRACTOR and the BOROUGH agree that the SERVICES shall be completed on or before May 1, 2027.

7. SECURITY

7.1 Bid Bond. A Bid Bond is not required for this project.

7.2 Performance and Payment Bonds. When the apparent Successful Bidder delivers the signed Agreement to the Borough, it must also include the required Performance and Payment Bonds on the forms provided in the Bidding Documents. Substitute Bond forms are not acceptable.

7.3 Within twenty (20) days after the Contract is awarded, the Contractor shall furnish a Performance Bond to the Borough in an amount equal to 100% of the total bid awarded to Contractor for the Public Park Restroom Project, to remain in full force and effect for the life of the Contract.

8. TERMS OF PAYMENT TO CONTRACTOR

8.1 CONTRACTOR shall provide SERVICES to the BOROUGH for the stipulated lump sum amount of_____________, which lump sum shall include all costs for labor, materials, and other expenses incurred by CONTRACTOR in the performance of the SERVICES, in accordance with the Proposal attached hereto as Exhibit A. CONTRACTOR shall initiate an invoice for work once such work is completed and the BOROUGH shall make payment in accordance with the terms provided below.

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 13

8.2 Invoices shall be submitted by CONTRACTOR upon CONTRACTOR’s completion of all SERVICES required by this AGREEMENT and are due upon presentation and shall be considered past-due if not paid within thirty (30) days of the invoice date. If payment is not received by CONTRACTOR within forty-five (45) days of the invoice date, the BOROUGH shall pay as interest an additional charge of one percent (1.0%) or the maximum allowable by law, whichever is less, of the past-due amount per month. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal.

8.3 If the BOROUGH objects to any portion of an invoice, the BOROUGH shall so notify CONTRACTOR in writing within thirty (30) days of receipt of the invoice. The BOROUGH shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice not in dispute. Interest as stated above shall be paid by the BOROUGH on all disputed invoiced amounts resolved in CONTRACTOR’s favor and unpaid for more than sixty (60) days after the date of the dispute.

8.4 If and to the extent that the time initially established by this AGREEMENT for completion of CONTRACTOR’s SERVICES is exceeded or extended through no fault of CONTRACTOR or the BOROUGH, compensation for any SERVICES rendered during the additional period of time shall be computed in accordance with the ADDITIONAL SERVICES provision of this AGREEMENT, or, in the absence thereof, on the basis of CONTRACTOR’s then-current hourly billing rates, plus reimbursable expenses.

8.5 CONTRACTOR and any of CONTRACTOR’S sub-contractors will maintain accounting records and time records in accordance with generally accepted accounting principles and generally accepted practices in that profession to substantiate all invoiced amounts.

9. CONTRACTOR’S PERSONNEL AND SUBCONTRACTORS

9.1 CONTRACTOR shall be fully and completely responsible to the BOROUGH for any and all acts, errors, and omissions, and/or any of the services performed in any manner by CONTRACTOR’s personnel, sub-contractors, or other individuals or entities performing any of the SERVICES under this AGREEMENT. Nothing in this AGREEMENT shall create for the benefit of any sub-contractor or other individual or entity any contractual relationship between the BOROUGH and any such sub-contractor or other individual or entity nor shall create any obligation on the part of the BOROUGH to compensate and/or reimburse any such sub-contractor or other individual or entity except as may otherwise be required by any law or regulation.

9.2 CONTRACTOR shall be solely responsible for scheduling and coordinating the SERVICES of any sub-contractors or other individuals or entities performing any of the SERVICES under a direct or indirect contract with

CONTRACTOR.

9.3 CONTRACTOR shall require all sub-contractors or other individuals or entities performing any of the SERVICES to communicate with the BOROUGH through CONTRACTOR unless otherwise mutually agreed to in writing by both parties.

10. INDEPENDENT CONTRACTORS

10.1 Any SERVICES or ADDITIONAL SERVICES provided by CONTRACTOR or its sub-contractors under this AGREEMENT are provided as independent contractors. Nothing in this AGREEMENT shall be considered to create the relationship of employer and employee between the parties. All persons engaged in any of the SERVICES or ADDITIONAL SERVICES performed pursuant to this AGREEMENT shall at all times and places be subject to CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise control over the means and manner in which it, its employees, and its sub-contractors perform the SERVICES. CONTRACTOR does not have the power or authority to bind the BOROUGH in any promise, agreement, or representation unless expressly provided with authority to do so by a written agreement with the BOROUGH.

11. AUTHORITY TO PRACTICE / LICENSES

11.1 CONTRACTOR hereby represents and warrants that it and any sub-contractors have and will continue to maintain all licenses and approvals required to conduct its business and to provide the SERVICES as required pursuant to this AGREEMENT.

12. TERMINATION

12.1 The BOROUGH shall have the right to terminate this AGREEMENT at any time and for any reason, which termination shall be effective upon the BOROUGH providing written notice to CONTRACTOR. In the event that the BOROUGH elects to terminate this AGREEMENT prior to CONTRACTOR’s performance, the CONTRACTOR shall be

Request for Proposals: The Borough of Carroll Valley Public Park Restroom Project 14 compensated for all SERVICES and ADDITIONAL SERVICES satisfactorily completed in an amount proportionate to services actually provided by CONTRACTOR up to the date of the termination notice. Such compensation shall be CONTRACTOR’S sole and exclusive remedy for termination of this AGREEMENT.

12.2 CONTRACTOR shall have the right to terminate this AGREEMENT in the event of substantial failure of BOROUGH to perform in accordance with the terms hereof through no fault of CONTRACTOR. Without limiting the foregoing, if the BOROUGH is more than ninety (90) days delinquent on any payment that is due and owing to CONTRACTOR, and which is not disputed by the BOROUGH, such delinquency will constitute a substantial failure by the BOROUGH to perform in accordance with the terms hereof. As a condition precedent to CONTRACTOR’s ability to terminate the AGREEMENT, CONTRACTOR shall have provided the BOROUGH with written notice of the delinquency and provided the BOROUGH with thirty (30) days in which to cure the delinquency. If CONTRACTOR terminates the AGREEMENT after meeting all conditions precedent, CONTRACTOR shall be compensated for all SERVICES and ADDITIONAL SERVICES satisfactorily completed in an amount proportionate to the SERVICES actually provided by CONTRACTOR up to the date of the termination notice. Such compensation shall be CONTRACTOR’S sole and exclusive remedy for termination of this AGREEMENT.

13. INDEMNIFICATION

13.1 CONTRACTOR and its personnel, sub-contractors, and consultants shall release, hold harmless, and indemnify the BOROUGH, its officers, elected officials, agents, representatives, and employees acting within the scope of their official duties from and against damages, costs, and expenses (including reasonable attorneys’ fees) to the extent caused by the negligent acts, errors, or omissions of CONTRACTOR, its employees, sub-contractors, agents, servants, and/or anyone acting under CONTRACTOR’s control and/or CONTRACTOR’s direction, in the performance of the requirements of this AGREEMENT. CONTRACTOR shall defend any lawsuit commenced against the BOROUGH and shall pay any judgments and costs connected with such proceedings which are based upon the negligent acts, errors or omissions of CONTRACTOR or its sub-contractors. If CONTRACTOR is successful in defending such a lawsuit, then the BOROUGH will reimburse CONTRACTOR for its costs and expenses associated with such defense only to the extent that such liabilities arise from an action which can be properly brought against the BOROUGH as an exception to governmental immunity in accordance with the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. § 8541 et seq. and in accordance with such limits of liability set forth in the Act, along with payment for any withheld invoices. This Section shall survive the termination of this AGREEMENT.

13.2 The BOROUGH agrees to release, hold harmless, and indemnify CONTRACTOR, its officers, agents, employees, and sub-contractors acting within the scope of their official duties, from and against damages, costs, and expenses (including reasonable attorneys’ fees) to the extent caused by the negligent acts, errors, or omissions of the BOROUGH or its employees acting within the scope of their official duties only to the extent that such liabilities arise from an action which can be properly brought against the BOROUGH as an exception to governmental immunity in accordance with the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. § 8541, et seq. and in accordance with such limits of liability set forth in the Act. The BOROUGH does not in any manner waive its rights and immunities provided by applicable law and/or regulation by entering into this AGREEMENT.

14. INSURANCE

14.1 INSURANCE TERMS. Prior to and during the performance of any SERVICES covered by this AGREEMENT, CONTRACTOR shall provide the BOROUGH within thirty (30) days of execution of this AGREEMENT, in a form reasonably acceptable to the BOROUGH Solicitor, evidence that it has obtained and maintains in full force and effect during the term of this AGREEMENT a policy of Commercial General Liability insurance covering liabilities for death and personal injury and liabilities for loss of or damage to property with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate against negligent acts, errors, or omissions in connection with the SERVICES to be provided by CONTRACTOR under this AGREEMENT. The BOROUGH shall be provided ten (30) days’ advance written notice of any cancellation of said professional liability insurance. In addition to Commercial General Liability insurance, CONTRACTOR shall obtain insurance of the types and amounts described as follows:

14.1.1 Workers’ Compensation and Occupational Disease Disability Insurance as required by the laws of the Commonwealth of Pennsylvania.

14.2 INSURANCE REQUIREMENTS. CONTRACTOR shall cause the aforesaid insurance policies to be duly and properly endorsed by insurance underwriters as follows:

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14.2.1 To provide a Certificate of Insurance (COI) proving that the BOROUGH is endorsed as an additional insured on CONTRACTOR’s insurance policies to the extent necessary to implement the indemnity obligations contained in the Indemnification Section of this AGREEMENT, subject to all policy terms, conditions, and exclusions.

14.2.2 To contain a standard and cross liability and severability clause as to the general liability insurance.

14.2.3 To provide that aforesaid general liability insurance shall be primary in all instances with respect to the BOROUGH’s insurance, which shall be considered secondary or excess at all times, but only to the extent necessary to implement the indemnity obligations contained herein.

14.2.4 To provide contractual liability coverage under CONTRACTOR’s Commercial General Liability insurance for liability assumed under the terms of the contract, subject to all policy terms, conditions, and exclusions.

14.2.5 To provide at least ten (30) days’ prior written notice of cancellation or change in coverage

15. FORCE MAJEURE

15.1 The BOROUGH, CONTRACTOR, and CONTRACTOR’s sub-contractors shall not be held responsible for any delay, default, or nonperformance directly caused by an act of God, unforeseen adverse weather events, accident, labor strike, fire, explosion, riot, war, rebellion, terrorist activity, sabotage, flood, epidemic, act of federal or state government, labor, material, equipment, or supply shortage. Notwithstanding the foregoing, the BOROUGH, CONTRACTOR, and CONTRACTOR’s sub-contractors may be held responsible for such delays, defaults, or nonperformance resulting from matters that would be reasonably foreseen by such parties exercising reasonable due diligence and/or care.

16. REMEDIES

16.1 Except as provided in Section 12, “Termination,” of this AGREEMENT, no remedy herein conferred upon any party is exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or provided by law, equity, statute, or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other exercise or further exercise thereof.

17. ENFORCEMENT COSTS / MEDIATION

17.1 Before any litigation is brought pursuant to this AGREEMENT, the parties hereto agree to submit any dispute between them to mediation. Such mediation shall be a condition precedent to either party instituting litigation unless a stay of an applicable statute of limitations or repose is necessary. Such mediation may be initiated by written request and will occur within thirty (30) days of such request. If requested by either party, the parties may retain a mutually agreeable impartial mediator to assist in the mediation process. In the event the parties cannot agree to a mediator, the parties will continue to put forth names for a mutually agreeable time, after which litigation may be commenced in the Adams County Court of Common Pleas if a mediator is not agreed upon. In the event mediation does not result in the successful resolution of the dispute, either party may institute any and all actions necessary to protect their rights at law and/or equity in accordance with this AGREEMENT.

18. NOTICES

18.1 Any notices required to be given in accordance with this AGREEMENT shall be in writing and delivered to the parties by certified mail or personal delivery or acceptable overnight courier service. Notice that is mailed shall be sent to the following addresses:

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19. APPLICABLE LAW / VENUE

19.1 This AGREEMENT shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, and in the event of a dispute, the venue of any action brought here under, upon the conclusion of mediation as set forth above, shall be in the Adams County Court of Common Pleas.

20. NON-DISCRIMINATION

20.1 CONTRACTOR shall not discriminate against any employee, applicant for employment, or any person seeking the SERVICES of CONTRACTOR to be provided under this AGREEMENT on the basis of race, color, religion, creed, sex, age, national origin, marital status, or presence of any sensory, mental, or physical handicap.

21. PREVAILING WAGE

21.1 CONTRACTOR and BOROUGH are subject to the provisions, duties, obligations, remedies, and penalties of the Pennsylvania Prevailing Wage Act, 43 P.S. Section 165-1 et seq. The general prevailing minimum wage rates as determined by the Secretary of Labor and Industry shall be paid for each craft or classification of all workmen needed to perform this contract during the term of this AGREEMENT.

22. ASSIGNMENT

22.1 This AGREEMENT (including, without limitation, any rights under or interest in this AGREEMENT) shall not be assigned by either party without the express written consent of the other party hereto. The provisions of this Section shall survive the completion or termination of this AGREEMENT for any reason and shall remain enforceable between the parties.

23. ENTIRE AGREEMENT / AMENDMENTS

23.1 This AGREEMENT contains the entire AGREEMENT between the parties and no other agreements, oral or otherwise, regarding the subject matter of this AGREEMENT, shall be deemed to exist or bind any of the parties.

This AGREEMENT may not be modified except by a written document signed by the parties hereto. BOROUGH COUNCIL’s approval at a public meeting shall be required to amend this AGREEMENT unless otherwise delegated to its designees.

24. SEVERABILITY

24.1 If any term, provision, covenant, or condition of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated as a result of such decision.

25. NO OFFER

25.1 This AGREEMENT does not constitute an offer and shall not be binding on the parties unless and until executed by both parties.

26. INTERPRETATION

26.1 The parties have had an opportunity to review and negotiate this AGREEMENT with their respective legal counsel and this AGREEMENT is created based upon those negotiations; therefore, the parties agree that this AGREEMENT shall not be construed in favor of or against either party as the drafter of this AGREEMENT.

27. PRIVILEGES, IMMUNITIES, AND LIMITS OF LIABILITY

27.1 The BOROUGH specifically retains, and does not waive, any and all of its privileges, immunities, and/or limits of liability pursuant to the laws of the Commonwealth of Pennsylvania, including but not limited to those set forth in the Pennsylvania Political Subdivision Tort Claims Act.

28. BINDING EFFECT

28.1 This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

29. USE OF HEADINGS

29.1 The use of headings within this AGREEMENT is for ease of reference and convenience only and shall not be used or construed to limit or enlarge the interpretation of the language hereof or the enforcement of this AGREEMENT.

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30. WARRANTY

30.1 CONTRACTOR warrants that all materials and equipment furnished under this AGREEMENT shall be new, of good quality, and free from defects. CONTRACTOR further warrants that all work performed under this AGREEMENT shall be performed in a workmanlike manner and in accordance with all applicable building codes and industry standards. CONTRACTOR shall, at CONTRACTOR’s sole expense, repair or replace any defective work or materials that become apparent within one (1) year after the date of the BOROUGH’s final acceptance of the completed Project. This warranty is in addition to, and not in limitation of, any other warranties or remedies available to the BOROUGH under applicable law.

31. ORDER OF DOCUMENTS

31.1 In the event of any conflicts, errors, ambiguities, and/or discrepancies between this AGREEMENT and any Exhibits hereto or the RFP, this AGREEMENT shall control. To the extent the RFP or Exhibits to this AGREEMENT state exceptions and/or exclusions to the Scope of Services which are inconsistent or in conflict with this AGREEMENT, this AGREEMENT shall control unless such inconsistency or conflict is to the benefit of the BOROUGH.

32. TIME IS OF THE ESSENCE

32.1 The Parties agree that the time for performance of all obligations, duties and responsibilities as set forth herein is deemed of the essence.

33. COUNTERPARTS

33.1 This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument.

34. EFFECTIVE DATE

34.1 As used herein, the “Effective Date” shall mean the later of the BOROUGH’s execution date and CONTRACTOR’s execution date, each of which is set forth on the signature page hereof.

IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed on the dates written below.

APPROVED BY BOROUGH COUNCIL on , 2026.

ATTEST: CONTRACTOR

BY:

TITLE:

DATE: ___________________________________________

ATTEST: BOROUGH OF CARROLL VALLEY

Borough Secretary BY: Richard Mathews

TITLE: President of Borough Council

DATE: ________________________________

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ATTACHMENT C: PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

The Public Works Employment Verification Act, 43 P.S. §§167.1-167.11, became effective on January 1, 2013.

As a bidder on a public works contract, you are required to comply with Section 4 of the Act by submitting the Public Works Employment Verification Form as a condition to being awarded the contract. By completing the Form, you affirm that you have utilized the Federal E-Verify program to verify the employment eligibility of all new employees hired after January 1, 2013, and that you will continue to comply with the provisions of the Act for all new hires throughout the duration of the Contract. The Public Works Employment Verification Form and a link to the U.S. Department of Homeland Security’s Employment Verification website are available on the Department of General Services’ Construction and Public Works web page at www.dgs.state.pa.us.

During construction, the prime contractor is required to collect Verification Forms from subcontractors of every level.