Project Manual

SR 477 Interchange

Lighting Replacement

Project

Prepared for: Lamar Township

148 Beagle Road

Mill Hall, PA 17751

Prepared by: R K Webster, LLC

2445 Quaker Hill Rd

Cogan Station, PA 17728

June 29, 2026

Table of Contents

INVITATION FOR BIDS

INFORMATION FOR BIDDERS

BID PACKAGE

AGREEMENT PACKAGE

GENERAL PROVISIONS

TECHNICAL SPECIFICATIONS

SPECIAL PROVISIONS

APPENDIX

REFERENCE DRAWINGS

PERFORMANCE BOND

PAYMENT BOND

GRANT REQUIREMNTS

PREVAILING WAGE RATES

INVITATION FOR BIDS

Lamar Township (LT) will receive sealed bids for the SR 477 Interchange Lighting Replacement Project located in

Lamar Township, Clinton County, PA. LT will receive bids through PennBid at the offices of R K Webster

Engineering 2445 Quaker Hill Rd Cogan Station, PA 17728, until 1:00 P.M., Local Prevailing Time, Thursday, July

16, 2026 at which time the bids will be publicly opened and read aloud.

The project shall include, but is not limited to replacing 68 cobra head luminaires with equivalent LED luminaires.

The scope also includes required traffic control and all necessary incidental work, appurtenances and site restoration for said construction as set forth in the Project Manual.

All work and material must be in accordance with current Pennsylvania Department of Transportation (PennDOT)

Publications 408 and related PennDOT standards and publications. Bidders do not need to be PennDOT pre-qualified.

The Project Manual may be viewed and downloaded from PennBid (www.pennbid.net). Paper copies of the Project

Manual may be purchased through the PennBid website. Bids will only be accepted from bidders who are bidding online through PennBid.

A certified check or bank draft payable to the order of Lamar Township, or a satisfactory Bid Bond executed by the

Bidder and an acceptable surety in an amount equal to ten percent (10%) of the total of the Bid, shall be submitted with each bid. The Bidder shall include the fully completed Non-Collusion Affidavit with the bid.

Construction Performance and Payment Bonds are required in the amount of one-hundred (100) percent of the

Contract as awarded.

Bidders are hereby notified that state Prevailing Wage Rates must be paid in accordance with Pennsylvania (PA) law.

Each Bidder (and Bidder’s subcontractor[s]) must ensure that employees, and applicants for employment are not discriminated against because of their race, age, color, religion, sex, national origin, or handicap.

Bids may be held by the LT for up to 60 days from the date of opening for the purpose of reviewing the bids and investigating the qualifications of bidders prior to awarding the contract. They also reserve the right to reject any or all bids, to waive any irregularities, or to negotiate contract amounts. LT is an Equal Opportunity Employer.

Lamar Township

Tracy Roberts, Secretary

INFORMATION FOR BIDDERS

Lamar Township (LT) will receive sealed bids for the SR 477 Interchange Lighting Replacement Project located in

Lamar Township, Clinton County, PA. LT will receive bids through PennBid at the offices of R K Webster

Engineering 2445 Quaker Hill Rd Cogan Station, PA 17728, until 1:00 P.M., Local Prevailing Time, Thursday, July

16, 2026 at which time the bids will be publicly opened and read aloud.

The project shall include, but is not limited to replacing 68 cobra head luminaires with equivalent LED luminaires.

The scope also includes required traffic control and all necessary incidental work, appurtenances and site restoration for said construction as set forth in the Project Manual.

All work and material must be in accordance with current Pennsylvania Department of Transportation (PennDOT)

Publications 408 and related PennDOT standards and publications. Bidders do not need to be PennDOT pre-qualified.

The Project Manual may be viewed and downloaded from PennBid (www.pennbid.net). Paper copies of the Project

Manual may be purchased through the PennBid website. Bids will only be accepted from bidders who are bidding online through PennBid.

Bidders are hearby reminded to upload all required bid documents to the PennBid website, including bid form, bid schedule, non-collusion affidavit, bidder’s qualifications, bid bond and equal employment opportunity certification.

NOTE: This project was financed in part by a grant from the Commonwealth of PA, Commonwealth

Financing Authority. The successful bidder shall comply with all requirements of the grant. A copy of the grant contract is in the appendix. If a conflict should arise between this manual and the grant contract the stricter of the two shall govern.

The Owner reserves the right to waive any informalities or minor defects, or reject any and all bids. Any bid may be withdrawn prior to the above scheduled bid opening, or authorized postponement thereof. No bid received after the time and date specified shall be considered. No Bidder may withdraw a bid within sixty (60) calendar days after the actual date of the bid opening. The specified period of 60 calendar days may be extended by mutual agreement between the Owner and the successful Bidder, if there are reasons why the Contract cannot be awarded within the specified period. A conditional or qualified bid will not be accepted.

Bidders are responsible to satisfy themselves regarding the accuracy of the estimated quantities in the Bid Schedule by examining the site, and reviewing the Project Manual, including all Addenda. After bids have been submitted, the Bidder shall not assert that there was any misunderstanding concerning the quantities of work, or the nature of the work to be done. Ten days prior to the bid opening, each Bidder is required to check with the Owner for posted

Addenda.

All work is anticipated to be within the legal road right-of-way. If the need for additional room beyond the legal right-of-way, written authorization to enter upon private property adjacent to the project site shall be obtained by the

Contractor by utilizing PennDOT “Authorization to Enter” Form RW-397A.

The Project Manual contains the provisions required for the construction of the Project. Information obtained from any officer, agent, or employee of the Owner; or any other person shall not affect the risks or obligations assumed by the Bidder, or relieve him from fulfilling any of the conditions of the Contract.

Each bid must be accompanied by a Bid Bond payable to the Owner for ten (10) percent of the total amount of the bid, which shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Treasury Circular

570. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible Bidders. When the Agreement is executed, the bonds of the two remaining unsuccessful Bidders will be returned. A certified check may be used in lieu of a Bid Bond.

A Performance Bond and Payment Bond, each in the amount of one-hundred (100) percent of the Contract Price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. The

Performance Bond shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Treasury

Circular 570.

Attorneys-in-fact who sign Payment Bonds and/or Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney.

Certificates of Insurance (COI) conforming to the requirements of the General Conditions and acceptable to the

Owner are required. COI must be provided that show Lamar Township and the Commonwealth Financing Authority as additional insureds.

The party to whom the Contract is awarded will be required to execute the Agreement and obtain the Performance

Bond and Payment Bond and Certificates of Insurance within ten (10) calendar days from the date when Notice of

Award is delivered to the successful Bidder. The Notice of Award shall be accompanied by the necessary Agreement and Bond Forms. In case of failure of the successful Bidder to execute the Agreement, the Owner may, at his option, reject the lowest Bidder’s Bid, and execute an Agreement with the second lowest Bidder.

The Owner, within ten (10) calendar days of receipt of acceptable Performance Bond, Payment Bond, Certificates of Insurance, and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the successful Bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner.

The Notice to Proceed shall be issued within thirty (30) calendar days of the execution of the Agreement by the

Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the successful Bidder. If the Notice to Proceed has not been issued within the thirty (30) calendar-day period, or within the period mutually agreed upon, the successful Bidder may terminate the Agreement without further liability on the part of either party.

Attention is called to the fact that all materials for the Project must be obtained from PennDOT approved suppliers.

The Owner may make such investigations as he deems necessary to determine the ability of any Bidder to perform the work required by the Project, and Bidders shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the work represented therein. Bidders may be required to provide proof of prior appropriate experience upon request.

After the bids are opened, the total bid amount in the Bid Tabulation and the name of the apparent low Bidder will be publicly announced. Bids will then be compared, on the basis of adding the products of the approximate quantities shown in the Bid Schedule, multiplied by the unit bid prices. Bids will then be promptly verified and if judged by the Owner to be satisfactory, the results of the determination of the lowest responsible Bidder will be made available to the public.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over the construction of the Project shall apply to the Contract throughout.

The quantities shown on the bid schedule are approximate and estimated quantities and shall be used only as a guide for bidding purposes. Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the contents of the Project Manual. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligations with respect to his bid. Submission of a bid shall be construed to mean that the Bidder has fulfilled this responsibility.

All Bidders agree to abide by the requirements under Executive Order Number 11246 regarding Equal Employment

Opportunity as currently amended.

Bidders are hereby notified that state Prevailing Wage Rates must be paid in accordance with Pennsylvania (PA) law and applicable grant requirements. If applicable, Prevailing Wage Rates for this project are attached.

The successful Bidder shall supply the names and addresses of subcontractors when requested to do so by the Owner, or their agent.

NOTE: This project was financed in part by a grant from the Commonwealth of PA, Commonwealth

Financing Authority. The successful bidder shall comply with all requirements of the grant. A copy of the grant contract is in the appendix. If a conflict should arise between this manual and the grant contract the stricter of the two shall govern.

BID PACKAGE

• Bid

• Bid Schedule

• Statement of Bidder’s Qualifications

• Bid Bond

• Non-Collusion Affidavit of Prime Bidder

• Certification of Bidder Regarding Equal Employment Opportunity

BID

To the

(Owner) (Address including zip code)

1. The undersigned, having familiarized (herself/himself/herself/themselves) with the existing conditions on the Project area affecting the cost of the Work, and with the Contract Documents, including the Invitation for Bids, Signature

Documents, the form of Bid, the form of Bid Bond, the form of Contract, the Non-Collusion Affidavit, the form of

Surety Bond or Bonds, the Contract Conditions, Federal Requirements, State Requirements, Specifications, and

Addenda, as prepared by ____________________________________________, and on file in the office of

__________________________________, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete _____________________________________________________________, (Description of Work)

___________________________________ all in accordance with the above-listed documents, for the

(Identify Project)

Base Bid sum of _______________________________________________ dollars ($_____________________).

2. In submitting this Bid, the bidder understands that the right is reserved by _Lamar Township _ to reject any and all

Bids. If written notice of the acceptance of this Bid is mailed, telegraphed, or delivered to the undersigned within forty-five (45) days after the opening thereof, or at any time thereinafter before this Bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond or bonds within ten (I0) days after the Agreement is presented to him/her for signature.

3. Security in the sum of ____________________________________ dollars ($______________), in the form of

______________________________, is submitted herewith in accordance with the Instructions to Bidders.

4. Attached hereto is an affidavit in proof that the undersigned has not entered into a collusive agreement with any person in respect to this Bid or any other Bid or the submitting of Bids for the Contract for which this Bid is submitted.

5. The bidder is prepared to submit a financial and experience statement upon request.

6. The undersigned represents that he/she is in receipt of the following number of Addenda. (If no Addenda are issued, insert the word “none” in the following space.) __________________________________________

Witness Signature

Name, Title

Date

SR 477 Interchange Lighting Replacement Project

BID SCHEDULE

Item

No. Base Bid - Description

Approx.

Quantity Unit

Unit

Price

Amount

1 LED Luminaires 64 EA

Add Alternate - Description

1 Fuse 1 EA

2 Photocell 1 EA

3 Wiring – Luminaire to pole base 1 EA

TOTAL BID AMOUNT:

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of ________________________________________)

County of _______________________________________)

______________________________________, being first duly sworn, deposes and says that:

1) He/She is (OWNER, Partner, Officer, Representative or Agent) of __________________, the bidder that has submitted the attached Bid;

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

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

4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted, or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached Bid or of any other bidder, or to fix any overhead, profit, or cost element for the Bid prices or the Bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the ___________________________________ or any person interested in the proposed Contract; and

5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its officers, partners, agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed

Title

Subscribed and sworn to before me this _________ day of __________________, 20__

Title __________________________________

My commission expires _______________________________

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered, and the date given must be clear and comprehensive. This statement must be notarized.

If necessary, questions may be answered on separate, attached sheets. The bidder may submit any additional information he/she desires.

1. Name of bidder.

2. Permanent main office address.

3. Date organized.

4. If a corporation, where incorporated.

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

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

7. General character of work performed by your company.

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

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

10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed.

11. List your major equipment available for this contract.

12. Experience in construction work similar in importance to this Project.

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

14. Credit Available: $____________________

15. Give bank reference: ____________________________________

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

17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Municipality in verification of the recitals comprising this Statement of Bidder's Qualifications.

Dated at __________ this ___________ day of __________________, 20__.

(Name of Bidder)

By: ________________________________

Title: ______________________________

State of _____________________)

County of ____________________)

________________________________________________________, being a duly sworn representative of

_____________________________________________________ , deposes and says that all statements herein contained are true and correct.

Subscribed and sworn to before me this ______ day of __________, 20___.

______________________ Notary Public

My commission expires __________________, 20___.

STATEMENT OF BIDDER'S QUALIFICATIONS (continued)

Certifications:

I, ____________________________________________________________, certify that I am the

_______________________________________of the Corporation named as CONTRACTOR herein; that

____________________________________________ who signed this Agreement on behalf of the

CONTRACTOR, was the ______________________________________________________ of said

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

Title: ________________________________

(Corporate Seal)

BID BOND

KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED

_________________________________________ as PRINCIPAL; and

_________________________________________ as SURETY, are held and firmly bound unto ______________________, hereinafter called the "OWNER," in the penal sum of

______________________________ Dollars ($_________________), lawful money of the United States of America, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated _________________________, ______, for

_________________________________________________________________________(description of Work).

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

OWNER may procure the required Work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this _______________ day of ___________________, 20___, the name and corporate seal of each corporate party being hereto affixed and these presentees signed by its undersigned representative, pursuant to authority of its governing body.

INDIVIDUAL OR PARTNERSHIP PRINCIPALS

_____________________________________ (SEAL)

In the presence of: _____________________________________ (SEAL)

CORPORATE PRINCIPAL

ATTEST: ___________________________________________

____________________________ BY: __________________________________(SEAL)

SURETY

ATTEST: ___________________________________________

____________________________ BY: __________________________________(SEAL)

Countersigned:

BY: __________________________________

Attorney-in-fact, State of ________________________________

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, _______________________, certify that I am the _________________________, Principal in the within bond; that

_______________________________, who signed the said bond on behalf of the Principal, was then

________________________ of said Corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested to for and on behalf of said Corporation by authority of his/her governing body.

Title: ______________________________________

(CORPORATE SEAL)

CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, 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 Employment 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 (7) 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 Employment Opportunity Clause.

_____ Yes _____ No

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.

_____ Yes _____ No _____ None required

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

AGREEMENT PACKAGE

AGREEMENT

THIS AGREEMENT is by and between Lamar Township (“Owner”) and

________________________________________________________________________ (“Contractor”).

Owner and Contractor hereby agree as follows:

Article 1 – Work

1. Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

The project consists of replacing the Old State Rd Bridge in Lamar Township, PA in accordance with the project manual.

Article 2 – Engineer

1. The part of the Project that pertains to the Work has been designed by R K Webster, LLC.

2. The Owner has retained R K Webster, LLC (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

Article 3 – Contract Times

1. Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

2. Contract Time

A. Contractor will complete the Work and be ready for final payment in accordance with paragraph Time for Completion and Liquidated Damages of the General Provisions within 75 calendar days of the

Notice to Proceed. This number of days shall correspond with and equate to numerical difference in the proposed start and end dates as stated in bid item number 7 on page 8.

3. Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated above, and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree to the following schedule of liquidated damages for delay (but not as a penalty):

1. One (1) to fifteen (15) Days beyond Contract Time Limit:

• Two hundred ($200.00) dollars per calendar day.

2. Sixteen (16) to thirty (30) Days beyond Contract Time Limit:

• Five hundred ($500.00) dollars per calendar day.

3. Greater than Thirty (30) Days beyond Contract Time Limit:

• One thousand ($1,000.00) dollars per calendar day.

4. Special Damages

A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain

Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified above for Substantial Completion (as duly adjusted pursuant to the

Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.

Article 4 – Contract Price

1. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

The extended Unit Prices yield a bid of $____________________________ as submitted in the

Contractor’s Bid.

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. The estimated quantities provided are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

Article 5 – Payment Procedures

1. Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment, which will be processed by Engineer/Municipality as provided in the General Conditions.

2. Progress Payments; Retainage

A. Owner shall make effort to make progress payments on account of the Contract Price on the basis of

Contractor’s Applications for Payment within 60 days during performance of the work, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. Payment to the Contractor may be contingent upon Owner receiving funds from a grant or similar source. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (for Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

i. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract

1. 90 percent of Work completed (with the balance being retainage). If the Work has been less than 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be 10 percent retainage; and

2. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to

Contractor to 100 percent of the Work completed, less such amounts set off by Owner, and less 150 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

3. Final Payment

A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract

Price as recommended by Engineer.

Article 6 – Interest

1. All amounts not paid when due shall bear interest at the rate of 1 percent per annum.

Article 7 – Contractor’s Representatives

1. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the General Conditions, especially with respect to

Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in the

Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site‐related reports and drawings identified in the Contract

Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

Article 8 – Accounting Records

1. Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, Owner shall be afforded reasonable access during normal business hours to all Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and

Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner.

Article 9 – Accounting Records

1. Contents

A. The Contract Documents consist of the following:

i. This Agreement.

ii. Performance bond (attached).

iii. Payment bond (attached).

iv. General Conditions (not attached but incorporated by reference).

v. Specifications as listed in the table of contents of the Project Manual (attached, and those not attached but incorporated by reference).

vi. Drawings (attached, and those not attached but incorporated by reference) with each sheet bearing the following general title: Lamar Township Old State Rd Bridge Replacement.

vii. Application portions of Addenda (numbers ___ to ___, inclusive; not attached but incorporated by reference).

viii. Exhibits to this Agreement (enumerated as follows):

1. Contractor’s Bid.

ix. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

1. Notice to Proceed.

2. Work Change Directives.

3. Change Orders.

4. Field Orders.

5. Nondiscrimination/Sexual Harassment statement.

B. The documents listed in Paragraph 9.1.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General

Conditions.

Article 10 – Miscellaneous

1. Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

2. Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

3. Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

4. Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or

Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

5. Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph

11.5:

i. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

ii. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non‐competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

iii. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non‐competitive levels; and

iv. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on _______________ (which is the Effective Date of the Contract).

OWNER: CONTRACTOR:

By: By:

Printed Name Printed Name

Title: Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

Printed Name Printed Name

Title: Title:

Address for giving notices: Address for giving notices:

148 Beagle Rd

Mill Hall, PA 17751

NOTICE OF AWARD

TO: ________________________________________

Project Description: SR 477 Interchange Lighting Replacement Project.

The Owner has considered the Bid submitted by you for the above described work in response to its Information for

Bidders. You are hereby notified that your Bid has been accepted in the amount of:

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

Performance Bond, Payment Bond, and Certificates of Insurance (the Insurance section of the General Conditions) within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said Bonds and/or Certificates of Insurance within ten (10) calendar days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the

Owner’s acceptance of your Bid as abandoned. The Owner will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Award to the Owner.

Dated this _______ day of ________________________________________, 20_______ .

By: __________________________________________

Title: __________________________________________

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged by:

Dated this _______ day of ___________________________________________, 20_______ .

By: _________________________________________

Title: ________________________________________

NOTICE TO PROCEED

TO: ________________________________________

Project Description: SR 477 Interchange Lighting Replacement Project.

The Owner has considered the Bid submitted by you for the above described work in response to its Information for

Bidders. You are hereby notified to commence work according to the agreement dated on or before

You are to complete the work not later than

You are required to return an acknowledged copy of this Notice to Proceed to the Owner.

Dated this _______ day of ________________________________________, 20_______ .

By: __________________________________________

Title: __________________________________________

ACCEPTANCE OF NOTICE

Receipt of the above Notice to Proceed is hereby acknowledged by:

Dated this _______ day of ___________________________________________, 20_______ .

By: _________________________________________

Title: ________________________________________

CHANGE ORDER

Change Order Number: ________________________ Date: __________________________________ Owner’s

Project Number: ______________________ Engineer’s Project Number: ________________ Project:

_____________________________________ Owner: _______________________________

Contractor: __________________________________ Contract Date: ___________________________

To Contractor:

The following changes are hereby made to the Contract Documents:

Enclosures: ________________________________________________________________________________

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

Contract Price Prior to this Change Order: $_____________________________________

Net (Increase) (Decrease) Resulting from this Change Order: $_____________________________________

Current Contract Price including this Change Order: $_____________________________________

Contract Time prior to this Change Order: _______ Calendar Days

Net (Increase) (Decrease) Resulting from this Change Order: _______ Calendar Days

Current Contract Time including this Change Order: _______ Calendar Days

Requested by: The above Changes are Approved:

Owner: _________________________________ Engineer: _____________________________

By: ____________________________________ By:__________________________________

Date: ___________________________________ Date: ________________________________

The Above Changes are Accepted:

Contractor: _______________________________

By: _____________________________________

Date: ____________________________________

CERTIFICATE OF COMPLETION

To: _______________________________________________________________________________________

Date of Completion: _________________________________________________________________________

Project Title: ______________________________________________________________________________

Project Number: ___________________________________________________________________________

Owner: ___________________________________________________________________________________

Contractor: _________________________________________________________________________________

Contract For: ______________________________________________________________________________

Contract Date: ______________________________________________________________________________

The work performed under this Contract has been inspected by authorized representatives of the Owner, Engineer, and Contractor, and the Project is hereby declared to be fully complete on the above date.

Definition of Fully Complete:

Fully complete shall mean that all construction items (including bid items, change order items, and punch list items);

submittal and approval of material certifications; demobilization; processing and approval of all change orders

(including submittal and approval), all delay claims, all applications for payment (including any change orders), and

Certificate of Completion have all been accepted as complete by the Owner.

__________________________________ By: _________________________________________

(Owner) (Authorized Representative) (Date)

(Engineer) (Authorized Representative) (Date)

The Contractor accepts the above Certificate of Completion.

(Contractor) (Authorized Representative) (Date)

CONSENT OF SURETY FOR FINAL PAYMENT

Project: SR 477 Interchange Lighting Replacement Project.

Location: Lamar Township, Clinton County, Pennsylvania

Project No: ________________________________ Contract No: ____________________________

Type of Contract: ______________________________________________________________________

Amount of Contract: ___________________________________________________________________

In accordance with the provisions of the above-named Contract between the Owner and the Contractor, the following named surety:

on the Payment Bond of the following named Contractor:

hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety Company named herein of any of its obligations to the above named Owner as set forth in said

Surety Company’s bond.

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this _______ day of

__________________________________________________________, 20 _______.

Name of Surety Company

Signature of Authorized Representative

Title

(Affix Corporate Seal Here)

AFFIDAVIT OF RELEASE OF LIENS

TO ALL WHOM IT MAY CONCERN:

WHEREAS, the undersigned has been contracted by Lamar Township to furnish materials (except when Owner furnishes materials) and labor for the SR 477 Interchange Lighting Replacement Project. in Lamar Township, County of Clinton, State of Pennsylvania of which Lamar Township is the Owner.

NOW THEREFORE, this _______ day of __________________________________________, 20 _______ , the undersigned, as the Contractor for the above-named Project hereby certifies that to the best of his knowledge, information, and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the

Contractor; all subcontractors; all suppliers of materials (except when Owner furnishes materials); all suppliers of equipment; and all performers of work, labor, or services, who have or may have liens against any property of the

Owner arising in any manner out of the performance of the Project referenced above.

EXCEPTIONS: (If none, write “None.” If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception):

ATTACHMENTS:

1. Contractor’s Release or Waiver of Liens, conditional upon receipt of final payment.

2. Separate Releases or Waivers of Liens for subcontractors, material suppliers (except when Owner furnishes materials), and equipment suppliers.

________________________________(SEAL)

(Contractor -Name of sole ownership, corporation or partnership)

________________________________(SEAL)

(Signature of Authorized Representative)

(Affix Corporate Seal Here)

Title: ______________________________

Punch List

Project:__________________________________ Number:________________________________

Location:_________________________________ Date: __________________________________

Inspection was conducted at the above Project by _____________________________________________ at ___________________________________________ o’clock on this date.

REPRESENTATION

Owner: ____________________________________________________________________________________

Contractor: _________________________________________________________________________________

Engineer: __________________________________________________________________________________

The following items are to be corrected or completed to comply with the Contract Documents:

Distribution:

1. Project Manager _________________________________________________

2. Contractor’s Representative ________________________________________

3. Resident Project Representative _____________________________________

4. File

GENERAL PROVISIONS

Definitions

Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

Add Alternate - Additional items of work that may be awarded as part of the Contract if the bids received are within the Project budget.

Addenda -Written or graphic instruments issued prior to the receipt of bids which clarify, modify, correct, change or interpret the Contract Documents or Bidding Requirements.

Bid - The offer or proposal of the Bidder submitted on the prescribed form, setting forth the prices for the work to be performed.

Bidder - Any person, firm, or corporation submitting a bid for the work.

Bonds - Bid, Performance, and Payment Bonds, and other instruments of security, furnished by the Contractor and his surety in accordance with the Contract Documents.

Change Order - A written order to the Contractor after the acceptance of the Agreement has been signed authorizing an addition, deletion, or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the Contract price or Contract time.

Contract -The legal agreement between the Owner and the Contractor.

Contract Documents - The legal documents of the Contract, including, Information for Bidders, Bid, Agreement, General Conditions, Special Conditions, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Change Order, Specifications, Drawings (if attached), and Addenda.

Contr…