CONTRACT DOCUMENTS

2026 ROAD PROJECT

YODER ROAD WIDENING

AND BASE REPAIR

WNT 26-01

March 13, 2026

PREPARED FOR

West Nantmeal Township 455 N. Manor Road

PO Box 234 Elverson, PA 19520

TABLE OF CONTENTS

CONTRACT WNT-26-01

WEST NANTMEAL TOWNSHIP

2026 ROAD REPAIRS - YODER ROAD WIDENING AND BASE REPAIRS - GENERAL

Name

Invitation to Bid

1. Advertisement

Instructions to Bidders

1. Instructions to Bidders

2. Bid Security

Bid Attachments

1. Bidders Qualification Form

2. Contractors Release Form

3. Addendum Acknowledgement

4. Public Disclosure Information

5. Detailed Specifications

6. Project Map – Township-wide

7. Detailed Drawings

Yoder Road Standard Construction Details

Contract Agreement

1. Standard Form of Agreement (EJCDC No. 1910-8-A-1)

Contract Forms

1. Notice of Award

2. Notice to Proceed

3. Application for Payment Form

4. Change Order Form

5. Work Change Directive

6. Certificate of Substantial Completion

7. Affidavit Form

8. Statement of Surety Form

9. Contractor’s Waiver of Right to File Mechanic’s Liens

2026 ROAD REPAIRS - YODER ROAD WIDENING AND BASE REPAIRS – GENERAL

10. Maintenance Bond

11. Contractor’s Final Affidavit/Certification and Waiver of Liens

Conditions of the Contract

1. Standard General Conditions of the Construction Contract

Supplementary Conditions

2. Supplementary Conditions of the Construction Contract

Exhibit A

1. Duties of the Resident Project Representative

Exhibit B

1. Proposal and Contract (MS-944)

2. Proposal and Contract (MS-944 Attachment 1)- T-457 Yoder Road

3. Special Provisions (MS-944 Attachment 1-A)

4. Affidavit RE Accepting Provisions of Workmen’s Compensation Act (Attachment 4)

5. Anti-Collusion Affidavit (D-7126)

6. Public Works Employment Verification Form

Exhibit C

1. Performance Bond (MS-944-S Attachment 2)

2. Payment Bond (MS-944-S Attachment 3)

3. Certificate of Compliance (CS-4171)

4. Notice of Completion (MS-NCP)

Exhibit D

1. Prevailing Wage Determination

2026 YODER ROAD IMROVEMENTS- GENERAL

CONTRACT WNT-192-57.1

ARRO CONSULTING, INC.

INVITATION TO BID

WNT 26-01CONTRACT WNT 26-01

NOTICE TO BIDDERS

2026 Road Project – Yoder Road Widening and Base Repair – General (WNT-26-01)

Bids will be accepted electronically via the PennBid Program until 1:00 PM April 10, 2026. Bids will be opened and immediately posted at approximately 1:00 PM on PennBid. A pre-bid meeting will be held on March 25, 2026 at 1:00pm at the Township Building. Scope includes widening and base repairs on Yoder Road (T-513) using PennDOT approved materials.

Copies of the Bidding Documents are available at no cost through PennBid.

All construction and materials must meet current PA DEPARTMENT OF TRANSPORTATION SPECIFICATIONS. All proposals must be upon forms provided in the PennBid system.

All bids must be accompanied by a certified check or bid bond in the amount of ten (10%) percent of the bid amount, made payable to West Nantmeal Township. The bid bond or scan of the check shall be uploaded to PennBid. The apparent lower bidder will be required to provide the original copy of the check within three days of bid opening. The bidders are responsible for all costs associated with the bid including but not limited to PennBid and bonding fees.

The successful bidder must furnish the required documents as listed in the specification within ten (10) days after the contract has been awarded. The project must be completed on or before July 17, 2026.

West Nantmeal Township encourages that bidders independently visit the site. Please coordinate with the Engineer via PennBid if you wish to meet with them onsite.

Bids may not be modified, withdrawn or canceled within a period of 60 days following the date for receipt of bids without the prior written consent of West Nantmeal Township.

West Nantmeal Township reserves the right to waive any informalities, irregularities, defects, errors or omissions in any or all bids and to reject any or all bids. Notwithstanding any other provision of the Bidding Documents, West Nantmeal will have complete discretion to award a Contract (or not to award a Contract) to any bidder based on any criteria West Nantmeal Township deems relevant.

The Township reserves the right to reject any or all proposals or a portion of any or all proposals.

Issued by: Deborah Kolpak, Secretary/Treasurer/Open Records Office

INSTRUCTIONS TO BIDDERS

Instruction to Bidders

INSTRUCTIONS TO BIDDERS – PENNBID

1.0 Defined Terms

1.1 The Term "Bidder" means one who submits a Bid directly to OWNER or ENGINEER, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified responsible and responsive Bidder to whom OWNER (on the basis of OWNER's valuation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement, Instructions to Bidders, General and Specific conditions, if any, Detailed Specifications, Maps, Bid Security and Bond agreements, insurance requirements, equal opportunity and nondiscrimination provisions, non-collusion requirements, and local, state, and federal laws and regulations, if applicable.

2.0 Examination of Contract Documents and Site

2.1 West Nantmeal Township encourages that bidders independently visit the site. Please coordinate with the Engineer via PennBid if you wish to meet with them onsite.

2.2 It is the responsibility of each Bidder before submitting a Bid, to

(a) Examine the Contract Documents thoroughly. Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

(b) Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work.

(c) Consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work.

(d) Study and carefully correlate Bidder's observations with the Contract Documents.

(e) Notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents.

2.3 The bid package includes a map. Bidders should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to the construction and labor and should fully inform himself as the facilities involved, the difficulties, and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the documents provided.

The Contractor by the execution of the Contract shall in no way be relived of any obligation under it due to his failure to receive or examine the condition there existing and the owner will be justified in rejecting any claim based on facts regarding which he should have been on notice as a results thereof.

2.4 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.

2.5 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work.

3.0 Interpretations and Addenda

3.1 All questions about the meaning or intent of the Contract Documents are to be submitted via the

“Questions” feature within PennBid. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda delivered to all bidders recorded as having received the Bidding Documents. Oral and other interpretations or clarifications will be without legal effect.

3.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or

ENGINEER.

3.3 All questions or interpretations of the plans, specifications or other documents must be given in writing three (3) days prior to bid opening.

4.0 Sales and Use Taxes

4.1 OWNER is exempt from Pennsylvania State and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price.

5.0 Wages and Salaries

5.1 The Pennsylvania Department of Labor and Industry, through the Bureau of Labor Law Compliance, determines prevailing wage rates for the construction industry and enforces the rates and classifications for construction projects of $25,000 or higher when public funds are involved. In 2013, the Pennsylvania Legislature passed Act 89, which amended the Prevailing Wage Act, raising the prevailing wage threshold from $25,000 to $100,000 on local highway and bridge projects.

5.2 Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. Thus, the successful bidder shall also have estimated the work in accordance with the enclosed "Prevailing Minimum Wage Determination", if applicable, and shall comply with all requirements of the "Minimum Wage Act of 1961 of the Commonwealth of Pennsylvania", 1961 August 15, P.L. 1313 and amendments thereto.

6.0 Bid Submission Requirements (Checklist)

Bid submissions will not be considered unless items 6.1 through 6.5 (and item 6.6, if applicable) are submitted online through PennBid (www.Pennbid.net) prior to bid due date and time as stated in the Advertisement. The Township Board of Supervisors reserves the right to waive any informalities and reject any of all proposals, or parts thereof, for any cause permitted by law, as deems in the best interest of the Township.

6.1 Bid Security

Each Bid must be accompanied by a bid security made payable to OWNER for ten (10) percent of the

Bidder's maximum Bid Price and in the form of a Certified Check or Bid Bond, made payable to West Nantmeal Township. The bid bond or scan of the check shall be uploaded to PennBid. The apparent lower bidder will be required to provide the original copy of the check within three days of bid opening.

The Bid security of the Successful Bidder will be retained until such Bidder has executed the agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security with fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of the other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by the OWNER until the earlier of the seventh day after the Effective Date of the Agreement or the sixty-first (61st) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids, which are not competitive, will be returned within seven (7) days of Bid opening.

6.2 Qualifications of Bidders

Bids must be accompanied by a completed, signed, and notarized Statement of Bidder’s Qualifications with all necessary supporting documentation.

The OWNER will make such investigations, as it deems necessary to determine the ability and competency of the bidder to perform the work according to the requirements of all-applicable laws and regulations.

Upon request of the OWNER, the Bidder shall furnish all such information and data for this purpose. 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 the Bidder is properly qualified to carry out the obligations of the Contract.

In determining Bidder responsibility for this work, attention will be given to the method of construction which the Bidder plans to follow, the available experienced and skilled men which he plans to use in the prosecution of the work, and the type of equipment owned; and he shall be prepared to furnish this information, in writing, at the OWNER's request.

To demonstrate qualifications to perform the Work, each Bidder is requested to submit with the bid, written evidence, such as financial data, previous experience, present commitments and other such data as called for in the Bidders Qualification Form attached to the packet of bidding documents.

The Bidder shall be required to prove to the satisfaction of the OWNER that he has, within the five (5) year period prior to the submission of the bid, successfully completed, under his present name and with his own forces, at least three (3) contracts for similar work in an amount not less than 85% of the proposed contract. By submission of a bid, the Bidder agrees to be bound by and accept the Bidders qualifications as set forth by the OWNER and the OWNER's determination/decision shall be final.

6.3 Bid Price Submission

Bid prices must be submitted using the online Bid Form on PennBid (www.Pennbid.net). All other forms of bid prices submissions will not be accepted. Bid prices must also be provided on the PennDOT MS-944 Attachment 1. If there are discrepancies between the prices provided through PennBid and on the PennDOT form, the prices on the PennDOT form will be used to consider award.

6.4 Pennsylvania Department of Transportation Documents (Exhibit B)

Bids must be accompanied by completed and signed PennDOT documents (Exhibit B).

Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

All names must be typed or printed below the signature.

6.5 Addendum Acknowledgement Form

Bids must be accompanied by the Addendum Acknowledgement Form if any addendum were issued by the Township or Engineer during the bidding period.

6.6 Public Disclosure Form

Bids must be accompanied by the Public Disclosure Form, if bidder is a corporation or partnership.

7.0 Modification and Withdrawal of Bids

Bids may be modified or withdrawn within PennBid at any time prior to the due date and time listed in the advertisement.

If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with

OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

If the bid is withdrawn, the OWNER may either award the Contract to next lowest responsible Bidder or reject all bids and resubmit the project for bidding. If the OWNER elects to reject all bids and resubmit as a result of withdrawal (and not for other reasons), the withdrawing bidder is obliged to pay the costs of printing new contract documents, required advertising, and printing and mailing notices to prospective bidders.

8.0 Opening of Bids

Bids will be opened and immediately posted publicly on Pennbid. An abstract of the amounts of the base

Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

9.0 Award of Contract

9.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. The OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

9.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

9.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

9.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any

Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time.

9.5 The apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the

Bid opening submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute.

9.6 If apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions would not constitute grounds for sacrificing the Bid security of any bidder. Any Subcontractor, Supplier, other person or organization listed and to whom OWNER or ENGINEER does not make written objection prior to tile giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement.

9.7 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection.

9.8 If the contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder (the

"Successful Bidder") based on the “Total Lump Sum Contract Price”. This is the total combined price of both roadways. In awarding bids, the OWNER shall have the right to take into consideration the following factors in addition to price:

a) Character, integrity, reputation and judgment of the Bidder

b) The previous and existing compliance of the Bidder with the requirements of all-applicable laws and regulations.

c) The number and scope of the conditions attached to the bid.

d) The ability, capacity, experience and skill of the Bidder to comply with the terms of the Contract.

9.9 If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the date of the bid opening.

10.0 Signing of Agreement

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

Within fifteen (15) days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten (10) days, thereafter OWNER shall deliver one (1) fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

11.0 Insurance

11.1 Throughout the life of the Agreement, bidders shall be required to procure and maintain the insurance coverages as stated in the General Conditions. Only Certificates of insurance from A rated companies licensed to do business in the Commonwealth of Pennsylvania will be approved.

11.2 The successful Bidder shall furnish the Township with certificates of insurances, the requisites endorsement and schedules to its insurance policies listing the Township as an “additional insured” for all required insurances, prior to the Bidder’s execution of the Agreement and the start of the work.

12.0 Surety Bonds

12.1 The successful bidder must supply a performance bond and a payment bond from firm(s) qualified to issue bonds in Pennsylvania, equal to one hundred percent (100%) of the bid amount for the term of the award within ten (10) days of the bid award.

12.2 A separate maintenance bond in an amount to twenty-five percent (25%) of the final contract price, including all extra work, will be submitted upon completion of all work along with the Contractor’s Release and the request for final payment. The maintenance bond is to continue for a period of one (1) year after the date of written completion, approval and acceptance of the entire work by the Township.

13.0 Waiver of Mechanics’ Liens

13.1 The successful Contractor is responsible for providing a subcontractor and supplier list to the Township upon award and must update the list appropriately throughout the project. The Contractor shall submit to the Township a waiver of mechanic liens signed by the Contractor upon award. Contractor’s Payment Bond is the sole remedy for unpaid subcontractors.

END OF INSTRUCTIONS TO BIDDERS

THIS PAGE INTENTIONALLY LEFT BLANK

BID SECURITY

2026 Yoder Road Improvements

CONTRACT WNT 26-01

Accompanying this proposal is a certified check, bid bond, or standby bank letter of credit in the amount of ($ ), payable to WEST

NANTMEAL TOWNSHIP. The undersigned Bidder agrees that such bid security shall be retained as liquidated damages by the Township should the Bidder, if awarded this Contract, fail to execute this Contract in conformity with the Form of Agreement or Form of Proposal incorporated into these Contract Documents, or should the Bidder fail to furnish any specified Bonds within ten (10) business days after the Township notifies the Bidder that is has been awarded the Contract.

Company Name:

By (Signature): (SEAL)

Type Name:

Title:

Date:

BID ATTACHMENTS

CONTRACTOR’S RELEASE

KNOW ALL MEN BY THESE PRESENTS THAT _________ ____________ (CONTRACTOR)

of _________________ _______ County of __ __________ _____ (CITY/TOWN) and State of __ (do) (does) hereby acknowledge that ____________________ (CONTRACTOR) this day received of and from ___West Nantmeal Township___ the sum of One Dollar and other valuable consideration in full satisfaction and payment of all sums of money owing payable and belonging to

(CONTRACTOR) by any means whatsoever for and on account of a certain agreement between the said __West Nantmeal Township and______________________(CONTRACTOR) dated ______________NOW THEREFORE, the said ______________________ _(CONTRACTOR) (for myself, my heirs, executors and administrators) (for itself, its successors and assigns) (do) (does) by these presents remise, release, quit-claim and forever discharge the said _West Nantmeal Township, the

OWNER, its successors and assigns, of and from any claims and demands arising from or in connection with the said agreement dated and of and from all, and all manner of action and actions, cause and causes of action and actions, suits, debts, dues and duties, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents, executions, claims and demands, whatsoever in law and equity, or otherwise which against the said _West Nantmeal Township, the OWNER, its successors and assigns, that _________ ________(CONTRACTOR) ever had, now have, or which (I, my heirs, executors, or administrators) (it, its successors, and assigns) hereafter can, shall or may have, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of these presents.

Signed: ____________________________

(Title)

Subscribed and sworn to before me

This ______________ day of _______________, 202___

Title: __________________________________

My Commission expires _________________________________

ADDENDUM ACKNOWLEDGEMENT

2026 Yoder Road Improvements

CONTRACT WNT 192-57.1

The bidder acknowledges receipt of the hereinafter enumerated addendums which have been issued during the bidding period and agrees that said addendums shall become part of the contract. The bidder shall list below the numbers and issuing dates of the addendums.

Company Name: Date:

Addendum Number Issuing Date

Seifert, Jennifer Stamp

Public Disclosure Information

Public Disclosure Information

In order to conform to Chapter 33 of the Public Laws of 1977, all corporations or partnerships must provide the following information.

1. Name of Firm:________________________________________________________________

2. Is Firm a Corporation Yes _____________ No ____________

3. Name of State in Which Incorporated: __________________________________________

4. Is Firm a Partnership: Yes _____________ No ____________

The following individuals own ten (10) percent or more of any class stock in the corporation or are a ten (10) percent or more partner in the firm.

NAME ADDRESS TITLE PERCENT

IF ANY OF THE AFOREMENTIONED STOCKHOLDERS BE A CORPORATION, WHEREBY THEY HOLD TEN

(10) PERCENT OR MORE OF ANY CLASS STOCK IN BIDDING CORPORATION, THEY MUST ALSO PROVIDE

THE INFORMATION REQUESTED ABOVE.

Sworn to and The above information is true and Subscribed before me this _________ correct to the best of my knowledge.

Day of ___________, 202__

Signature

Name

Address

Title

DETAILED SPECIFICATIONS

West Nantmeal Township is soliciting sealed bids for the 2026 Yoder Road Improvements project.

The Township is requesting for unit price proposals for work on Yoder Road to include widening, base repair.

General Notes

1. All materials and installation practices shall meet or exceed PennDOT Publication 408

Standards and Work Zone Traffic Control, Publication 213. All quantities are approximate as shown on the MS-944 forms.

2. All bidders must complete and submit with their bid the “Commonwealth of Pennsylvania Public Works Employment Verification Form”, per the Department of General Services Act 127, 2012. This project requires prevailing wages. A bid bond in the amount of 10% of the bid is required. Upon award, payment and performance bonds in the amount of 100% of the bid are required, and a maintenance bond in the amount of 25% of the contract price is required.

3. If the roadway abuts a PennDOT state road, it is the responsibility of the Contractor to ensure that the work is terminated at the cartway of the state road.

4. Substantial Completion will be issued by the Engineer, upon request from the Contractor, when the road work is completed to a point that the public can resume use the road.

5. Final Payment shall not be approved without the following:

a. Final walkthrough inspection shall be performed with the representatives from the Owner, Contractor, and the Engineer.

b. All PennDOT forms (i.e. Certificate of Compliance, Notice of Completion, etc.), certified payroll, and closeout paperwork is provided to the Engineer for review.

6. Prior to construction, submittals (Job Mix Formula TR-448A and other applicable material data sheets) shall be provided by the Contractor to the Engineer for review. Materials shall not be placed until material approval is received.

7. Traffic control is the responsibility of the Contractor, in accordance with PennDOT regulations.

8. Daily operations from 7:00 AM – 4:30 PM. The Contractor will inform the Township of impending overtime (due to equipment breakdowns, etc.) as soon as possible. The Contractor shall request weekend overtime work three days in advance, with approval at the Township’s discretion.

9. All adjustments of utility boxes/manholes, access are the responsibility of the Contractor.

10. Permits for mobilization of equipment are the sole responsibility of the Contractor.

11. The Contractor is responsible for moving his/her equipment to and from the Township and in and out of the work area. Permits are the sole responsibility of the Contractor.

Project Dateline (unless otherwise noted in an Addendum)

1. Close of Questions: Friday April 3, 2026 at 1:00 PM

2. Bids Due/Opening, via PennBid: Friday April 10, 2026 at 1:00 PM

3. Anticipated Award Date: Monday April 13, 2026 at BOS meeting

4. Anticipated Substantial Completion Date: Friday July 3, 2026

5. Anticipated Final Completion Date: Friday July 17, 2026

END OF DETAILED SPECIFICATIONS

2026 ROAD PROJECTS LOCATION MAP

YODER ROAD T-513

CONTRACT AGREEMENT

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification.

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly By

[insert seals]

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

a practice division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

AMERICAN CONSULTING ENGINEERS COUNCIL

AMERICAN SOCIETY OF CIVIL ENGINEERS

This document has been approved and endorsed by

The Associated General [seal] Contractors of America

Construction Specifications Institute

[seal]

This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. The suggested language for instructions of bidders contained in the Guide to the Preparation of Instructions to Bidders (No. 1910-12, 1996 Edition) is also carefully interrelated with the language of this Agreement. Comments concerning their usage are contained in the EJCDC User’s Guide (No. 1910-50). See also Guide to the Preparation of Supplementary Conditions (No. 1910-17, 1996 Edition).

EJCDC No. 1910-8-A-1 (1996 Edition)

Note to User

Certain states and federal agencies require provisions in public contracts which permit Contractors to deposit acceptable securities with Owner or a stakeholder in lieu of retainage. Many Owners will not accept this procedure except where required by Laws or Regulations. In the event such a procedure is required, the provisions of this Agreement and possibly those of the other Contract Documents dealing with retainage should be amended, and an attorney should be consulted to prepare the revised language. Among the issues to be addressed by such language are: initial and subsequent valuations of the securities, right to withdraw excess collateral and obligation to deposit additional collateral as market value changes, who is entitled to interest and dividends on deposited collateral, responsibilities of stakeholder, may collateral be freely sold in the event of Contractor default and method of such sale, and application of Uniform Commercial Code and state and federal security laws to the arrangement.

Copyright © 1996

National Society of Professional Engineers 1420 King Street, Alexandria, VA22314-2715

American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC20005

American Society of Civil Engineers 345 East 47th Street, New York, NY10017 i

Introduction

This Agreement between Owner and Contractor on the Basis of a Stipulated Price (“Agreement”) has been prepared for use with the Guide to the Preparation of Instructions to Bidders (“Instructions”) (No. 1910-12, 1996 Edition) and with the Standard General Conditions of the Construction Contract (“General Conditions”) (No. 1910-8, 1996 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Construction Related Documents (“Commentary”) (No. 1910- 9, 1996 Edition). For guidance in the preparation of Supplementary Conditions and coordination with Instructions to Bidders, see Guide to the Preparation of Supplementary Conditions (“Supplementary Conditions”) (No. 1910-17, 1996 Edition). See also Guide to Preparation of the Bid Form (“Bid Form”) (No. 1910-18, 1996 Edition). The EJCDC has not prepared a suggested form of Advertisement or Invitation to Bid because such documents will vary widely in response to statutory requirements.

This form and the other Bidding Documents prepared and issued by the EJCDC assume acceptance of the Project Manual concept of the Construction Specifications Institute which provides for an organizational format for location of all bound documentary information for a construction project, namely: Bidding Requirements (which term refers to the Advertisement or Invitation to Bid, the Instructions, and any bid form that may be suggested or prescribed, all of which provide information and guidance for all Bidders) and the Contract Documents (defined in Article 1 of the General Conditions), which include the Agreement, Bonds and Certificates, the General Conditions, the Supplementary Conditions, the Drawings, and the Specifications. The Bidding Requirements are not considered part of the Contract Documents because much of their substance pertains to the relationships prior to the award of the Contract and has little effect or impact thereafter and because many contracts are awarded without going through the bidding process. In some cases, however, the actual Bid may be attached as an exhibit to the Agreement to avoid extensive retyping. (The terms “Bidding Documents” and “Bidding Requirements” are defined in Article 1 of the General Conditions.) The Project Manual concept is explained in the Manual of Practice issued by the Construction Specifications Institute.

Suggested language is presented herein with “Notes to User” to assist in preparing the Agreement. Much of the language should be usable on most projects, but modifications and additional provisions will often be necessary. The suggested language has been coordinated with the other standard forms produced by the EJCDC. When modifying the suggested language or writing additional provisions, the user must check the other documents thoroughly for conflicts and coordination of language usage and make appropriate revisions in all affected documents.

For brevity, referenced paragraphs of the Instructions to Bidders with the prefix “I,” those of the Bid Form with the prefix “BF,” and those of this Agreement with the prefix “A.”

Refer to Contract Documents Bibliography (No. 1910-24, 1996 Edition), which will be helpful in preparing the Agreement, and see in particular the discussions in EJCDC’s Recommended Competitive Bidding Procedures for Construction Projects (“Bidding Procedures”) (No. 1910-9-D, 1987 Edition) by Robert J. Smith, P.E., Esq., on the particular paragraphs of which frequent reference is made below.

NOTES:

1. EJCDC publications may be ordered from NSPE headquarters at 1420 King Street, Alexandria, VA 22314-2715; or ACEC headquarters at 1015 15th Street NW, Washington DC, 20005; or ASCE headquarters at 345 East 47th Street, New York, NY 10017.

2. CSI publications may be ordered from CSI headquarters at 601 Madison Street, Alexandria, VA 22314.

3. AIA publications may be obtained from most local AIA chapter offices or by writing to AIA headquarters at 1735 New

York Avenue NW, Washington DC, 20006.

4. The Associated General Contractors of America has a series of construction-related documents which may be of interest. The AGC’s Publications and Services Catalog may be obtained from AGC headquarters at 1957 E Street NW, Washington DC, 20006.

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EJCDC

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is by and between West Nantmeal Township (hereinafter called OWNER) and .

(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - WORK

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

2026 Yoder Road Improvements (Widening and Base Repair) WNT 26-01

The Work includes:

Road work including full depth base repair and widening, as detailed in Detailed Specifications and the PennDOT

MS-944 forms.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

See 1.01

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by

ARRO Consulting, Inc.

who is hereinafter called ENGINEER and who is 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 4 - CONTRACT TIMES

4.01 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.

4.02 Days to Achieve Substantial Completion and Final Payment

A. The Work will be substantially completed on July 17, 2026, and completed and ready for final payment on July 17, 2026.

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4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 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 that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $100 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 5 - CONTRACT PRICE

5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A and B below:

A. The Contract Price is as follows, as determined by the unit prices detailed on the bid dated :

(use words) (figure)

All specific cash allowances are included in the above price and have been computed in accordance with paragraph

11.02 of the General Conditions.

B. For all Work, at the prices stated in CONTRACTOR’S Bid, attached hereto as an exhibit.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.

Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’s Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:

1. 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 ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:

a. 90% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial

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Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and

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

2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 95% of ENGINEER’S estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.

ARTICLE 7 - INTEREST

7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 0 % per annum.

ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. CONTRACTOR has visited the Site 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 federal, state, and local 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 contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.

E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto

F. CONTRACTOR does not consider that any 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 Documents.

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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 correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

I. 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.

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

ARTICLE 9 - CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 9, inclusive);

2. Performance Bond (pages 1 to 3, inclusive);

3. Payment Bond (pages 1 to 3, inclusive);

4. Other Bonds (pages 1 to 2, inclusive);

a. Bid Bond (pages 1 to _, inclusive);

5. General Conditions (pages 1 to 43, inclusive);

6. Supplementary Conditions (pages 1 to 5, inclusive);

7. PennDOT Specifications Publication 408

8. Location Map

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

a. Notice to Proceed (pages 1 to 1, inclusive);

b. CONTRACTOR’S Bid ;

c. Documentation submitted by CONTRACTOR prior to Notice of Award;

d. Prevailing Minimum Wages – Commonwealth of Pennsylvania

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

a. Written Amendments;

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b. Work Change Directives;

c. Change Order(s).

B. The documents listed in paragraph 9.01.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 paragraph 3.05 of the

General Conditions.

ARTICLE 10 - MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings indicated in the General Conditions.

10.02 Assignment of Contract

A. 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, moneys that may become due and moneys that are 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.

10.03 Successors and Assigns

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

10.04 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.

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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.

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

OWNER: CONTRACTOR:

By: By:

[CORPORATE SEAL]

[CORPORATE SEAL]

Attest

Attest

Address for giving notices:

Address for giving notices:

(If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement.)

License No.

(Wh…