SPECIFICATIONS

AND

CONTRACT DOCUMENTS

For Traffic Signal Installation at the Intersections of S. Northern Way & Eastern Boulevard

And Kingston Road & Eastern Boulevard

For

Springettsbury Township 1501 Mount Zion Road

York, Pa 17402

May 18, 2026

FCE #173-001NN

First Capital Engineering, Inc.

48 South Richland Avenue

York, Pa 17404 717-845-3227 (Phone)

717-852-7891 (Fax)

TABLE OF CONTENTS

TABLE OF CONTENTS…………………………………………………………………………….1

INVITATION FOR BIDS…………………………………………………………………………….2

INSTRUCTION TO BIDDERS……………………………………………………………………...3

BIDDING DOCUMENTS…………………………………………………………………………….7

BID FORM…………………………………………………………………………………………….8

BID PROPOSAL……………….……………………………………………………………….…..10

NON-COLLUSION AFFIDAVIT….………………………………………………………………..21

BONDS……………………………………………………………………………………….……..22

PERFORMANCE BOND……………………………………………………………….……23

LABOR AND MATERIALMEN’S BOND…………………………………………………...25

MAINTENANCE BOND………………………………………………………………………28

CONTRACT DOCUMENTS………………………………………………………………………..30

TERMS AND CONDITIONS………………………………………………………………………..36

GENERAL CONDITIONS: PARTI…………………………………………………………………40

GENERAL CONDITIONS: PART II…………………………………………………………….….55

TECHNICAL SPECIFICATIONS……………………………………………………………….….62

SECTION 1………………………………………………………………………………….…63

SECTION 2………………………………………………………………………………….…67

INVITATION FOR BIDS

Springettsbury Township will receive sealed bids online for the intersection improvements of S.

Northern Way (T-417) & Eastern Boulevard (T-982) and Kingston Road (T-946) & Eastern Boulevard (T-982), until Monday June 15th, 2026, at 10:00 a.m. at which time they shall be opened online and publicly posted via PennBid. All documents and solicitation details are available at no cost, on or after Monday May 18th, 2026, via PennBid Program – (www.PennBid.net)

Springettsbury Township –Intersection Improvements for S. Northern Way (T-417) & Eastern Blvd (T-982) and Kingston Road (T-946) & Eastern Boulevard (T-982)

Project Description and Scope: The project consists of the intersection improvements that include demolition of existing traffic signals, installation of traffic signal support arms & signal head & luminaire, pedestrian push buttons, accessible ramps, concrete sidewalks, crosswalk markings, intersection markings, curb demo and replacement. A base bid for all the work described above shall be submitted. All questions pertaining to the Contract Documents, technical sections and bid submission shall be submitted from Penn Bid’s “Questions” tab. Signal equipment has been purchased and stored at Public Works as part of another funding program, list of equipment to provided.

Time for completion of this project will be before the end of June 2027.

An optional Pre-Bid Conference will be held on Wednesday June 3rd, 2026, at 10:00 a.m.

prevailing time, via an on-line virtual meeting. This project is subject to the Commonwealth of Pennsylvania, Department of Labor, and Industry's Prevailing Wage Determination.

Each bid shall be accompanied by bid security in an amount equal to ten percent (10%) of the Base Bid amount and all alternate bid amounts in the form of a certified check, cashier's check, or Bid Bond as described in the Instructions to Bidders. A Performance Bond and a Payment Bond, each in an amount equal to one hundred percent (100%) of the amount of the Contract, and each with satisfactory corporate surety, must be furnished by the successful Bidders prior to execution of the Contracts.

Bids may not be modified, withdrawn, or cancelled by the Bidder for 90 calendar days following the actual date of opening thereof, except as provided by the Commonwealth Procurement Code.

However, if award of Contract is delayed by the required approval of another government agency, the sale of bonds or the award of a grant or grants, Bids may not be withdrawn by the Bidder for a period not to exceed 120 days from the date of bid opening in accordance with Pennsylvania law.

Springettsbury Township reserves the right, in its sole discretion, to reject any or all Bids and to waive irregularities in any Bid. Further, the Township reserves the right to award any combination of Alternates or no Alternates, which, in its sole discretion, serves its best interests.

Mark Hodgkinson, Township Manager

INSTRUCTION TO BIDDERS

1. Use of Separate Bid Forms:

The electronic Bid Form within PennBid’s “Bid” tab must be used. In addition, the following documents are to be electronically submitted:

a. Bid Bond – By others

b. Non-Collusion Affidavit of Prime Bidder

2. Interpretations of Addenda:

No oral interpretation will be made to any bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing via PennBid’s “Questions” tab. Any inquiry received three (3) or more days prior to the date fixed for opening of bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on available within PennBid’s “Documents” tab at least one (1) day before Bids are opened. In addition, Addenda Notification will be sent via email to each person holding Contract Documents, but it shall be the Bidder’s responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

3. Inspection of Site:

Each Bidder is encouraged to visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents.

The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the owner will be justified in rejecting any claim based on the facts regarding which he should have been on notice as a result thereof.

4. Alternative Bids:

No alternative bids will be considered unless alternative bids are specifically requested.

5. Bids:

a. All bids must be submitted online via the PennBid Program. All bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the Bid Form by the Bidder.

b. The following supporting documents shall be electronically submitted with the electronic sealed bid:

1. Bid Bond – By others

2. Non-Collusion Affidavit of Prime Bidder

c. The Owners may consider irregular any Bid on which there is an alteration of or departure from the Bid Form hereto attached and at its option may reject the same.

d. If the Contract is awarded, it will be awarded by the Owners to a responsible Bidder on the basis of the lowest Bid and the selected Alternative Bid items, if any. The Contract will require the completion of the work according to the Contract Documents.

e. Each Bidder shall include in his Bid the following information:

Principals

Names Home addresses, including City, State and Zip Code

Firm

Name Address, including City, State and Zip Code

6. Bid Guaranty:

a. The bid must be accompanied by a Bid Guaranty which shall not be less than ten percent (10%) of the amount of the Bid. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Government Bonds (at par value), or a Bid Bond in the form attached. The Bid Bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid Bond shall be within the maximum amount specified for such Company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty. Certified Check or Bank Draft must be payable to the Springettsbury Township. Cash deposits will not be accepted. The Bid Guaranty shall insure the execution of the Agreement by the successful Bidder, all as required by the Contract Documents.

b. Revised Bids submitted before the opening of Bids, if representing an increase in excess of two percent (2%) of the original Bid, must have the Bid guaranty adjusted accordingly; otherwise the Bid will not be considered.

c. Certified Checks or Bank Drafts, or the amount thereof; Bid Bonds, and negotiable U.S.

Government Bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids.

7. Collusive Agreements:

a. Each Bidder submitting a bid to the Owner for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any Bid submitted.

b. Before executing any subcontract the successful Bidder shall submit the name of any proposed subcontractor for prior approval and an affidavit substantially in the form provided in Section 103-Subcontracts.

8. Statement of Bidder’s Qualifications:

The low bidder may be required to submit documentation which substantiates Bidders qualifications and financial stability. The data may be requested in order to determine the ability of the Bidder to perform his obligations, under the Contract and the Bidder shall furnish the Engineer all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Township the Bidder is qualified to carry out properly the terms of the Contract.

9. Unit Prices:

The listed quantities are for information only. The contract will be awarded and payment will be made based upon the total price, considered to be lump sum for the entire scope of work.

10. Corrections:

Erasures or other changes in the Bids must be explained or noted over the signature of the bidder, and initialed.

11. Time for Receiving Bids:

Sealed Bids must be received online via the PennBid Program (www.PennBid.net) prior to the advertised hour of opening.

12. Opening of Bids:

Bids will be opened at the PennBid website at the time fixed for the opening of Bids. The Owner will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative. A tabulation of all bids received electronically will be available to Bidders upon request.

13. Withdrawal of Bids:

Bids may be electronically withdrawn at any time prior to the time fixed for opening.

14. Award of Contract/Rejection of Bids:

a. The Contract will be awarded to the responsible Bidder submitting the lowest Bid complying with the conditions of the Invitation for Bids. The Bidder to whom the award is made will be notified at the earliest possible date. The Owner, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest.

b. The Owner reserves the right to consider as unqualified to do the work, any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the Improvements embraced in this Contract.

15. Execution of Agreement: Performance, Labor and Materialmen's and Maintenance Bonds and Consent of Surety Company to Final Payment:

a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Owner an Agreement in the form included in the Contract Documents in such number of copies as the Owner may require.

b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall, within the period specified in paragraph "a" above, furnish a surety bond in a penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firm or cooperation to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services employed or used by him in performing the work. Such bond shall be in the form as that included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond. This bond shall be signed by a guaranty or Surety Company listed in the latest issue of the U.S. Treasury Circular 570 and the penal sum shall be within the maximum specified for such company in said Circular 570. In addition, the successful Bidder shall, within the period specified in paragraph "a" above, furnish a Maintenance Bond in a penal sum not less than the amount of the Contract as awarded. Said bond shall be solely to guarantee the project free from defects caused by faulty workmanship and materials for a period of one (1) year, general wear and tear expected. Also, the successful Bidder shall furnish Consent of Surety Company to Final Payment solely for the Surety Company to approve final payment to the successful bidder, and guarantee that final payment to the successful bidder shall not relieve the surety Company of any of its obligations to the Township.

c. The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the Springettsbury Owner may grant, based upon reasons determined sufficient, the Owner may either award the Contract to the next lowest responsible bidder or re-advertise for Bids, and may charge against the Bidder the difference between the amount of the Bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thereby exceeds the amount of the Bid Bond. If a more favorable Bid is received by re-advertising the defaulting Bidder shall have no claim against the Owner for a refund.

16. Compliance with Federal State and Local Laws:

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

BIDDING DOCUMENTS

BID FORM

CONTRACT I - General Construction

NAME: _________________________________________

ADDRESS: _________________________________________

PHONE #: _________________________________________

FEDERAL I.D#: _________________________________________

DATE: __________________________________________

ITEM: Traffic Signal Installation at the Intersections of S Northern Way &

Eastern Boulevard and Kingston Road & Eastern Boulevard

ENCLOSED IS ( ) Bid Bond, Certified Check, or Cashier’s Check and

( ) Workers Compensation Insurance Certificate and

( ) Public Liability Insurance Certificate

Signature

PROPOSAL

TO: Springettsbury Township

Attn: Mark Hodgkinson, Township Manager 1501 Mount Zion Road York, PA 17402

RE: PROPOSAL - Traffic Signal Installation – S Northern Way &

Eastern Boulevard and Kingston Road & Eastern

Boulevard

Pursuant to your request for quotations, the undersigned, having carefully examined the site of the work and completely understanding the plans and specifications, herein agrees to furnish all materials required and to perform all labor necessary to satisfactorily complete the construction in accordance with the plans and specifications for the amount shown.

SCHEDULE OF PRICES

Traffic Signal Installation – S Northern Way & Eastern

Boulevard

ITEM

NUMBER

QUANTITY

DESCRIPTION

UNIT

PRICE

COST

9901-0001 – LS MAINTENANCE AND PROTECTION

OF TRAFFIC DURING

CONSTRUCTION

9910-2900 *2 EA LED LUMINAIRE, ARM MOUNT

0910-4116 720 LF AWG 8 UNDERGROUND CABLE,

COPPER, 1 CONDUCTOR

0931-0001 105 SF POST MOUNTED SIGNS, TYPE B

0936-0200 81.16 SF STRUCTURE MOUNTED FLAT

SHEET ALUMINUM SIGNS

0951-5306 1 EA TRAFFIC SIGNAL SUPPORT, 30' &

60' MAST ARMS WITH LUMINAIRE

ARM (30' MOUNTING HEIGHT)

0951-5352 1 EA TRAFFIC SIGNAL SUPPORT, 35' &

45' MAST ARMS WITH LUMINAIRE

0951-4012 *4 EA TRAFFIC SIGNAL SUPPORT, 12'

PEDESTAL

4952-1040 *1 EA NEMA TS2; TYPE 2 CONTROLLER

ASSEMBLY, TYPE I MOUNTING W/

RISER

0954-0012 39 LF 2 INCH CONDUIT

0954-0013 48 LF 3 INCH CONDUIT

9954-1012 191 LF 2 INCH CONDUIT (BORED)

9954-0013 668 LF 3 INCH CONDUIT (BORED)

0954-0151 39 LF TRENCH AND BACKFILL, TYPE I

0954-0201 1100 LF SIGNAL CABLE, 14 AWG, 3

CONDUCTOR

0954-0202 1910 LF SIGNAL CABLE, 14 AWG, 5

0954-0203 730 LF SIGNAL CABLE, 14 AWG, 7

0954-0302 5 EA JUNCTION BOX, JB-27

4954-0402 1 EA ELECTRICAL SERVICE, TYPE B

0954-0600 *1 EA UNINTERRUPTIBLE POWER

SUPPLY

0955-3208 *12 EA VEHICULAR SIGNAL HEAD, THREE

12" SECTIONS

0955-3722 *8 EA LED COUNTDOWN PEDESTRIAN

SIGNAL HEAD, TYPE A

0956-0500 *8 EA PEDESTRIAN PUSH BUTTON

4956-0771 *1 EA RADAR DETECTION SYSTEM

4956-0801 *1 EA OPTICAL PREEMPTION SYSTEM

0963-0001 300 SF PAVEMENT MARKING REMOVAL

4965-0005 600 LF 6" WHITE PREFORMED

THERMOPLASTIC PAVEMENT

MARKINGS

4965-0021 130 LF 24" WHITE PREFORMED

0965-0224 8 EA WHITE PREFORMED

THERMOPLASTIC LEGEND, “LEFT

ARROW”, 12'-0" X 3'-0“

9900-2000 1 LS DEMOLITION OF EXISTING

TRAFFIC SIGNAL

4965-0005 67 SY 4” STONE BASE #57

4965-0021 67 SY 4” CONCRETE SIDEWALK

0965-0224 4 EA ADA RAMPS

9900-2000 124 LF CONCRETE CURB

TOTAL:

TOTAL in words:

*Equipment previously purchased to be retrieved from Township public work barn and installed by contractor.

SCHEDULE OF PRICES

Traffic Signal Installation – Kingston Road & Eastern

Boulevard

9900-0001 1 LS MOBILIZATION

9901-002 1 LS CONSTRUCTION STAKEOUT

9901-0001 1 LS MAINTENANCE AND PROTECTION

OF TRAFFIC DURING

CONSTRUCTION

9910-2900 2 EA LED LUMINAIRE, ARM MOUNT

0910-4116 880 LF AWG 8 UNDERGROUND CABLE,

COPPER, 1 CONDUCTOR

0931-0001 48.5 SF POST MOUNTED SIGNS, TYPE B

0935-0001 27 SF POST MOUNTED SIGNS, TYPE F

0936-0200 63 SF STRUCTURE MOUNTED FLAT

SHEET ALUMINUM SIGNS

UNIT PRICE

0951-5302 1 EA TRAFFIC SIGNAL SUPPORT, 30' &

40' MAST ARMS WITH LUMINAIRE

0951-0155 1 EA TRAFFIC SIGNAL SUPPORT, 55'

MAST ARM

0951-4012 1 EA TRAFFIC SIGNAL SUPPORT, 12'

PEDESTAL

4952-1040 *1 EA NEMA TS2; TYPE 2 CONTROLLER

ASSEMBLY, TYPE I MOUNTING W/

RISER

0954-0012 105 LF 2 INCH CONDUIT

0954-0013 213 LF 3 INCH CONDUIT

9954-1012 176 LF 2 INCH CONDUIT (BORED)

9954-0013 415 LF 3 INCH CONDUIT (BORED)

0954-0151 26 LF TRENCH AND BACKFILL, TYPE I

0954-0152 17 LF TRENCH AND BACKFILL, TYPE II

0954-0153 71 LF TRENCH AND BACKFILL, TYPE III

0954-0201 1000 LF SIGNAL CABLE, 14 AWG, 3

0954-0202 2500 LF SIGNAL CABLE, 14 AWG, 5

0954-0203 330 LF SIGNAL CABLE, 14 AWG, 7

0954-0302 *4 EA JUNCTION BOX, JB-27

4954-0402 *1 EA ELECTRICAL SERVICE, TYPE B

UNIT PRICE

0955-3208 *10 EA VEHICULAR SIGNAL HEAD, THREE

0955-3209 *1 EA VEHICULAR SIGNAL HEAD, FOUR

0955-3722 *6 EA LED COUNTDOWN PEDESTRIAN

SIGNAL HEAD, TYPE A

0956-0500 *6 EA PEDESTRIAN PUSH BUTTON

4956-0771 *1 EA RADAR DETECTION SYSTEM

4956-0801 *1 EA OPTICAL PREEMPTION SYSTEM

0963-0001 300 SF PAVEMENT MARKING REMOVAL

4965-0005 462 LF 6" WHITE PREFORMED

4965-0021 135 LF 24" WHITE PREFORMED

0965-0224 7 EA WHITE PREFORMED

THERMOPLASTIC LEGEND, “LEFT

ARROW”, 12'-0" X 3'-0“

9900-2000 1 LS DEMOLITION OF EXISTING

TRAFFIC SIGNAL

4965-0005 67 SY 4” STONE BASE #57

4965-0021 67 SY 4" CONCRETE SIDEWALK

0965-0224 4 EA ADA RAMPS

9900-2000 124 LF CONCRETE CURB

TOTAL:

TOTAL in words:

*Equipment previously purchased to be retrieved from Township public work barn and installed by contractor.

COMBINED TOTAL: S Northern Way & Eastern Boulevard and Kingston Road & Eastern Boulevard :

COMBINED TOTAL in words: S Northern Way & Eastern Boulevard and Kingston Road & Eastern Boulevard :

The owner reserves the right to increase or decrease quantities or eliminate items of work entirely.

1. In submitting this bid, the Bidder understands that the Owner reserves the right to reject any or all bids or to waive any informalities in the bidding. If written notice of the acceptance of this Bid is mailed or delivered to the undersigned within ninety (90) days after the opening thereof, the undersigned agrees to execute and deliver the Agreement and furnish the required Workers Compensation Insurance, the required Public Liability Insurance, the required Performance Bond, the required Labor and Materialmen's Bond, and the required Maintenance Bond, within ten (10) days after the Agreement is presented to him for signature.

2. Attached hereto is the Bid Form.

3. Attached hereto is the security in the sum of ____________________________.

4. Attached hereto are the following forms:

a. Bid Form

b. Bid Proposal

c. Bid Bond

d. Non-collusion Affidavit

The above listed quantities are for information only; the contract will be awarded and payment will be made based upon the total price, considered to be lump sum for the entire traffic responsive signal system installation per the traffic signal system permit.

The undersigned, intending to be legally bound, agrees that this proposal shall be irrevocable and shall remain subject to your acceptance for forty-five (45) days after date and time for bid opening.

(If an Individual)

Witness Signature of Individual

Trading and doing business as

Address

(If a Partnership)

Name of Partnership Address

Witness Signature of Partner

State here the names and addresses of all partners:

(If a Corporation)

ATTEST:

Secretary or Name of Corporation Assistant Secretary

(Corporation Seal) Address of Principal Office

State of Incorporation

President or Vice President

State here the names and addresses of three (3) principal officers:

*The ____________________________is a corporation organized and existing under the laws of the State of _____________________and has been granted a certificate of authority to do business in Pennsylvania, as required by the Business Corporation Law, approved May 5, 1993, P.L. 364 as amended.

5.

NON-COLLUSION AFFIDAVIT

Project Name: ____________________________________

Project Location: __________________________________

Contract No.: _____________________________________

State of: ___________________

County of: _________________

The undersigned deponent deposes and says that he is the __________________________ of the ______________________________________________ Company; that he is authorized to make this affidavit on behalf of said company and that the said company has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(Contractor)

By _______________________________ (Signature)

(Typed/printed name)

Sworn to and subscribed before me the undersigned notary public this ________ day of ________________, 20___.

(Notary Public)

My Commission expires: _____________________

BONDS

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we, ___ as principal, and ___ as sureties are held and firmly bound unto the Owner, its certain attorney, successors, or assigns (hereinafter called the Obligee), in the full and just sum of ________________Dollars ($___________________) lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents.

WHEREAS, said Principal has entered into a certain contract with the Obligee dated __________________________ 20___, (hereinafter called the Contract) for which contract and specifications for said work shall be deemed a part hereof as fully as if set out herein:

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

The said surety, for value received, hereby stipulates and agrees that no change. extension of time, alteration or addition to terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

SIGNED, SEALED AND DELIVERED IN FOUR (4) ORIGINAL COUNTER PARTS

THIS _____________________, 20___.

(Individual Principals Sign Here)

___________________ (SEAL)

In The Presence of:

(SEAL)

(SEAL)

(Corporate Principal Sign Here)

By:

Attest: (Surety Sign Here)

The rate of premium charged is $___________________ per thousand.

The total of premium charges is $___________________.

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

It is hereby further stipulated and agreed that if the Principal is a non-Pennsylvania corporation, neither Principal nor the Surety shall be discharged from liability on this bond, not the bond surrendered, until such Principal files with the obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of labor and Industry, evidencing the payment of all unemployment compensation contributions, penalties and interest due the Commonwealth of Pennsylvania from the said Principal, or any Non-Pennsylvania corporation subcontractor thereunder, or for which liability has accrued, but the time for payment has not arrived as required by the Act of June 10, 1947, P.L. 493, 8 0.5. Sec. 23, as amended.

LABOR AND MATERIALMEN'S BOND

KNOW ALL MEN BY THESE PRESENTS, that we,__________________________________ Principal, and as sureties are held and firmly bound unto Owner , its certain attorney, successors, or assigns (hereinafter called the Obligee), in the full and just sum of _________________________________________________________Dollars ($____________) lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents.

WHEREAS, said Principal has entered into a certain contract with the Obligee dated __________________________ 20___, (hereinafter called the Contract) for which contract and specifications for said work shall be deemed a part hereof as fully as if set out herein:

NOW, therefore, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal and all subcontractors to whom any portion of the work provided for in said contract is sublet and all assignees of said principal and of such subcontractors shall promptly, make payment for all material furnished, labor supplied or performed, rental for equipment employed, and services rendered by public utilities in or in connection with the prosecution of the work, whether or not the said material, labor, equipment or services enter into and become component parts of the work or improvement contemplated in said contract, or in any amendment or extension of or addition to said Contract, then the above obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however, that is bond is subject to the following conditions and limitations.

a. All persons who have performed labor, rendered services or furnished materials or machinery, shall have a direct right of action against the principal and surety on this bond, which right of action shall be asserted in proceedings instituted in the State in which such labor was performed, services rendered or materials furnished (or where labor has been performed, services rendered or materials furnished under said Contract in more than one state, ten in any such state). Insofar as permitted by the laws of such state, such right of action shall be asserted in a proceeding instituted in the name of the Obligee to the use and benefit of the person instituting such action and any or all other persons having claims hereunder, and any other person having a claim hereunder, shall have the right to be made a party to such proceeding (but not later than two (2) years after the complete performance of said Contact and final settlement thereof) and to have such claim adjudicated in such action and judgment rendered thereon.

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

c. In no event shall the surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than two (2) years after the complete performance of said Contract and final settlement thereof.

d. As used herein: The term "person" refers to any individual, firm or corporation who have furnished materials or machinery or public utility services to be used on or incorporated in the work or the prosecution thereof provided for in said Contact or in any amendment or extension of or addition to said Contact, and/or to any person engaged in the prosecution of the work provided for in said Contract or in any amendment or Extension of or addition to said contract who is an agent, servant or employee of the principal or of any subcontractor, or of any assignee of said principal of any subcontractor and also anyone so engaged who performs the work of a laborer or of a mechanic regardless of any contractual relationship between the principal, or any subcontractor, or any assignee of said subcontractor, and such laborer or mechanic, but shall not include office employees not regularly stationed at the site of the work.

The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contact, or to the work to be performed thereunder or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the Contract or to the work or to the Specifications.

(SEAL)

The rate of premium charged is $___________________ per thousand.

The total of premium charges is $___________________.

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

It is hereby further stipulated and agreed that if the Principal is a non-Pennsylvania corporation neither Principal nor the Surety shall be discharged from liability on this bond, not the bond surrendered, until such Principal files with the obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of labor and Industry, evidencing the payment of all unemployment compensation contributions, penalties and interest due the Commonwealth of Pennsylvania from the said Principal, or any Non-Pennsylvania corporation subcontractor thereunder, or for which liability has accrued, but the time for payment has not arrived as required by the Act of June 10, 1947, P.L. 493, 8 0.S. Sec. 23, as amended.

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we, as principal, and as sureties are held and firmly bound unto Owner its certain attorney, successors, or assigns (hereinafter called the Obligee), in the full and just sum of _________________________________________________________Dollars ($____________) lawful money of the United States, for the payment of which, well and truly to be made, administrators, executors, successors and assigns, jointly and severally firmly by these presents.

WHEREAS, said Principal has entered into a certain contract with the Obligee dated __________________________ 20___, (hereinafter called the Contract) for which contract has been or is about to be completed and accepted.

AND WHEREAS, specifications and contract provided that ________________________________________________ should guarantee the project free from defects caused by faulty workmanship and materials for a period of years, general wear and tear expected.

NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear excepted, for a period of one (1) year, then this obligation shall be null and void; otherwise to remain in full force and effect.

(SEAL)

The rate of premium charged is $___________________ per thousand.

The total of premium charges is $___________________.

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

It is hereby further stipulated and agreed that if the Principal is a non-Pennsylvania corporation neither Principal nor the Surety shall be discharged from liability on this bond, not the bond surrendered, until such Principal files with the obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of labor and Industry, evidencing the payment of all unemployment compensation contributions, penalties and interest due the Commonwealth of Pennsylvania from the said Principal, or any Non-Pennsylvania corporation subcontractor thereunder, or for which liability has accrued, but the time for payment has not arrived as required by the Act of June 10, 1947, P.L. 493, 8 0.S. Sec. 23, as amended.

CONTRACT DOCUMENTS

AGREEMENT

THIS AGREEMENT made this ______day of_____________ 20____, by and between the Springettsbury Township hereinafter called the “Owner”, and _____________________his, her, or their heirs, executors or administrators and assigns, party of the Second Part, hereinafter called the “Contractor”.

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

ARTICLE 1. STATEMENT OF WORK: The Contractor shall furnish and pay for all supervision, product structural engineering, technical personnel, labor, materials, machinery, tools, equipment, and services, including water, heat, utility and transportation services, and other facilities and services necessary to perform and complete all work required for the Construction of the Improvements embraced in the Plans and Specifications; namely, the Traffic Signal Installation at the Intersection of Haines Road (SR 2005) and Eastern Boulevard, hereinafter called the "Project" and other work incidental thereto, all in strict accordance with the Contract Documents as prepared by First Capital Engineering, Inc. the Engineer. The Contractor shall not employ on the Project any unfit person or anyone not skilled in the task assigned to him. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project and shall take all reasonable precautions for the safety of all employees or subcontractors on the Project, and all material, equipment, and other property at the project site or adjacent thereto.

ARTICLE 2. THE CONTRACT PRICE: The Owner will pay the Contractor for the performance of the Contract in current funds for the total quantifies of work performed at the unit prices stipulated in the Bid for several respective items of work completed, subject to additions and deductions as provided in Section 109 hereof. The Total Contract Price shall be ________________________________________________ Dollars

ARTICLE 3. INSURANCE: Contractor’s Insurance: Contractor's and Subcontractor's Insurance: The Contractor shall not commence work under the agreement until he has obtained all the insurance required under this Article and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the Subcontractor has been obtained and approved.

A. Compensation Insurance: The Contractor shall procure and shall maintain during the life of the agreement, Workmen's Compensation Insurance for all his employees to be engaged in work on the project and, in case of such work sublet, the Contractor shall require the Subcontractor similarly to provide Workmen's Compensation Insurance in such work. In case any class of employees engaged in hazardous work on the project is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each Subcontractor-to provide adequate employer's general liability insurance for the protection of such of his employees as are not protected.

B. Contractor's Public Liability and Property Damage Insurance: The Contractor shall procure and shall maintain during the life of the agreement, Contractors Public Liability Insurance in an amount not less than $1,000,000.00 for injuries, including accidental death, to any one person and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of one accident and Contractor's Property Damage Insurance in an amount not less than $1,000,000.00 for each accident and in an aggregate amount of not less than $3,000,000.00.

C. Contractor's Automobile and Truck Insurance: The Contractor shall procure and shall maintain during the life of the agreement, Automobile and Truck Insurance on all vehicle used in the performance of the agreement in the amount not less than $1,000,000.00 for injuries, including accidental, to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of one accident and property damage insurance in an amount of not less than $1,000,000.00 per occurrence.

D. Subcontractor's Insurance: The Contractor shall require each of his Subcontractors to procure and maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance of the type specified in subparagraph (b) hereto, and Automobile and Truck Insurance of the type specified in the subparagraph (c) hereto, in amounts approved by the Owner.

E. Scope of Insurance and Special Hazards: The Insurance required under subparagraph

(b) and (d) shall provide adequate protection for the Contractor and his Subcontractors, respectively against damage claims which may arise from operations under this agreement, whether such operations by the insured or by anyone directly or indirectly employed by him, and with respect to subparagraphs (b) and (d) hereof, against any special hazards which may be encountered in the performance of his work of this contract; the Contractor shall furnish coverage for any such special hazards prior to performance of any special hazard work.

F. Special hazards, if there is a possibility of such hazards existing in the work contemplated, shall be covered by a rider or riders to the policy or policies.

G. Contractor shall carry in addition to Public Liability and Property Damage Insurance, Umbrella Liability Coverage of ($1,000,000.00) dollars per occurrence with an aggregate amount not less than ($1,000,000.00) dollars.

NOTE: Contractors shall provide the following policy limits:

General Liability $1,000,000.00 Each Occurrence $3,000,000.00 Aggregate

Automobile Liability $1,000,000 Each Occurrence and Each Person

Umbrella Liability $1,000,000 Each Occurrence $1,000,000 Aggregate

Workmen’s Compensation $500,000.00 Each Accident

Employer’s Liability $500,000.00 Disease Limit $500,000.00 Disease Each Employee

Additional Insured:

The following persons or entities shall be included as additional insureds on all liability policies, except Worker’s Compensation and Employer’s Liability coverages:

Owner Engineer Springettsbury Township First Capital Engineering, Inc.

1501 Mount Zion Road 48 S. Richland Avenue York, PA 17402 York, PA 17404

ARTICLE 4. BONDS: The Contractor shall secure the following bonds: Maintenance Bond, Performance Bond, and Labor and Materialmen’s Bond.

ARTICLE 5. LIENS: The Contractor specifically waives any right to file or claim any mechanic's or materialmen's liens against the Owner and agrees to execute, simultaneously herewith, and cause to be filed in the records of the Clerk of Judicial Records of York County, a Stipulation Against Liens, which shall be binding upon the Contractor, Contractor's supplier and any sub-contractor engaged by the Contractor.

ARTICLE 6. TIME FOR COMPLETION: The work which the Contractor is required to perform under this Contract shall commence on the date stipulated by the Owner in the Official Notice to Proceed to the Contractor and shall be fully completed within 120 consecutive calendar days thereafter.

ARTICLE 7. LIQUIDATED DAMAGES: As actual damages for any delay in completion of the work which the Contractor is required to perform under this Contract are impossible for determination, the Contractor and his Sureties shall be liable for and shall pay to the Owner the sum of Five Hundred ($500.00) Dollars as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion, or as modified in accordance with Section 109-Changes in Work under General Conditions-Part I, until such work is satisfactorily completed and accepted.

ARTICLE 8. ASSIGNMENT OF RIGHTS: For value received, the undersigned, having authority to execute this assignment, does hereby assign and transfer to Springettsbury Township, all his, it’s or their rights to file a petition for sales and use tax which may be refunded with regards to the following contract.

The undersigned further agrees that he, it or they will not file a claim for refund for and sales and use tax which is the subject of this assignment.

Date Signature

Corporate Seal Title

Signature

Title

Business

STATE OF )

) SS

COUNTY OF )

On this, the ___________ day of____________________, 20___, before me ____________________________ the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she executed the same for the purpose herein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal

My Commission Expires

ARTICLE 9. CONTRACT: This Agreement and the following documents form the Contract between the parties hereto and are as fully a pan of the Contract as if hereto attached or herein repeated: This Agreement, Addenda (if any), the Specification Book, the Invitation for Bids, the Instruction to , the signed copy of the Bid, the Bid Proposal, the General Specifications General Conditions Part I, the General Specifications Special Conditions for Construction, the Technical Specifications, the Drawings (as listed in the Schedule of Drawings), the Resolution awarding the Bid, the Notice to Proceed, Part II - Terms and Conditions, and all Modifications to this Agreement issued subsequent thereto and all of the documents enumerated or referred to in this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in four (4) original copies on the day and year first above written.

ATTEST: Contractor

________________________________ By:

ATTEST: Springettsbury Township

________________________________ By:

APPROVED AS TO FORM AND LEGALITY:

ATTACHMENTS: Workers Compensation Insurance Certificate Public Liability and Property Damage Insurance Certificate Automobile and Truck Liability Insurance Certificate

TERMS AND CONDITIONS

1. Termination of Contract for Cause

If through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Owner shall thereupon have the right to terminate this Contact by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor under this Contract shall at the option of the Owner, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

2. Termination of Contract for Convenience

The Owner may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Contractor. If the Contract is terminated by the Owner as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Contractor, Paragraph 1 hereof relative to termination shall apply.

3. Changes

The Owner may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractors compensation, which are mutually agreed upon by and between the Owner and the Contractor shall be incorporated in written amendments to this Contract.

4. Personnel

a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Owner.

b. All of the services required hereunder will be performed by the Contractor or under his supervisions and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services.

c. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the Owner. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Contract.

5. Assignability

The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or notation) without the prior written consent of the Owner. Provided, however, that claims for money by the Contractor from the Owner under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignments to transfer shall be furnished promptly to the Owner.

6. Reports and Information

The Contractor, at such times and in such forms as the Owner may require, shall furnish the Owner such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.

7. Records and Audits

The Contractor shall maintain accounts and records including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the Owner to assure proper accounting for all project funds. These records will be made available for audit purposes to the Owner, or any of their duly authorized representatives, and will be retained for three

(3) years after the expiration of this Contract unless permission to destroy them is granted by the Owner.

8. Confidentiality

All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contract agrees that they shall not be made available to any individual or organization without the prior written approval of the Owner.

9. Copyright

No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor.

10. Compliance with State and/or Local Laws

The Contractor shall give all notices and comply with all laws, ordinances, codes, rules, regulations, and lawful orders of any State and/or Public Authority, bearing upon the performance of the project, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. The Contractor must pay, at the Contractors own expense, any and all costs associated with the above stated compliance.

11. Equal Employment Opportunity

During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, religion, sex, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, sex, color, or national origin. Such action shall include, but not be limited to, the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

12. Interest of Contractor

The Contractor covenants that he presently has no interest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants, that in the performance of this Agreement, he will not knowingly employ any person having any such interest.

13. Non-waiver of Remedies

No provisions of this Contract shall be construed in any manner so as to create any rights in third parties not party to this Contract.