SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

PROVIDENCE ROAD SIDEWALK

EAST ROSE VALLEY ROAD TO PUTTERS LANE

FOR

NETHER PROVIDENCE TOWNSHIP

214 SYKES LANE

WALLINGFORD, PA 19086

BID OPENING

JULY 21, 2026

10:00 AM

PREPARED BY

CATANIA ENGINEERING ASSOCIATES, INC.

CONSULTING ENGINEERS

520 W. MAC DADE BOULEVARD

MILMONT PARK, PA 19033-3311

JUNE 2026

FILE #83250-129-2

00010-1

TABLE OF CONTENTS

TABLE OF CONTENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

FORM OF PROPOSAL

BID BOND

NON-COLLUSION AFFIDAVIT

BIDDER'S QUALIFICATIONS

CONTRACT AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BOND

WORKER'S COMPENSATION AFFIDAVIT

FORM OF NOTICE OF AWARD

FORM OF NOTICE TO PROCEED

GENERAL CONTRACT CONDITIONS

SPECIAL CONDITIONS

PA ONE CALL REQUIREMENTS

PUBLIC WORKS EMPLOYEMENT VERIFICATION FORM

PA PREVAILING WAGE RATES

TECHNICAL SPECIFICATIONS

SCOPE OF WORK

LOCATION OF EXISTING UTILITIES

FIELD ENGINEERING

MEASUREMENT AND PAYMENT

APPLICATION FOR PAYMENT

CHANGE ORDER PROCEDURE

PROJECT MEETINGS

PRECONSTRUCTION CONFERENCE

CONSTRUCTION SCHEDULE

SUBMITTALS AND SUBSTITUTIONS

SCHEDULE OF VALUES

TEMPORARY CONTROLS

PRODUCT HANDLING

CONTRACT CLOSEOUT

CLEANING

EROSION & SEDIMENTATION CONTROL

PAVING

RESTORATION OF DISTURBED AREAS

CEMENT CONCRETE SIDEWALK

00020-1

NOTICE TO BIDDERS

NETHER PROVIDENCE TOWNSHIP

Online sealed bids for the 2026 Nether Providence - Providence Road Sidewalk will be received by

Nether Providence Township online via the PennBid Program at https://pennbid.bonfirehub.com until 10:00 AM, on July 21, 2026. Major quantities include concrete sidewalk (135 SY).

All Bid Documents, Construction Plans and Specifications are available online via the PennBid Program at www.PennBid.net at no cost to prospective bidders. The successful bidder, who is awarded the contract, will be required to pay PennBid Program a fee of 1/3 % of the contract award value. There is a minimum award fee of $150.00 and a maximum of $6,000.00. Bidders must confirm the fees associated with bidding through PennBid and the successful bidder is responsible for the fees associated with the awarded bid.

A bid bond in the amount of ten percent (10%) of the total bid, made payable to Nether Providence Township, must accompany each bid.

Bidder’s attention is called to all of the requirements contained in this bid package, particularly to the PA Prevailing Wage Rates, Public Works Employment Verification, various insurance requirements, various equal opportunity provisions, various Nondiscrimination/Sexual Harassment Provisions, Special Provisions for Commonwealth Contracts, any other requirements by the PA Department of Environmental Protection, and the requirements for a payment bond and performance bond for 100% of the contract price and a one year maintenance bond for 10% of the contract price. Note that this project is subject to all Township and State standards, rules and regulations.

The Township of Nether Providence reserves the right to accept or reject any and all bids thereof, and waive any information in the bidding, as they deem are in the best interest of the Township.

BY ORDER OF THE BOARD OF COMMISSIONERS

OF THE TOWNSHIP OF NETHER PROVIDENCE

Maureen Feyas

Township Manager https://pennbid.bonfirehub.com/

00100-1

SECTION 00100

INSTRUCTIONS TO BIDDERS

1. THE WORK: Providence Road Sidewalk in the Township of Nether Providence, Delaware County, PA.

2. SECURING DOCUMENTS

Copies of the proposed Contract Documents, upon the conditions set forth in the Invitation to Bid, may be obtained from www.pennbid.bonfirehub.com

3. BID FORM

In order to receive consideration, make Bids in strict accordance with the following:

A. Make Bids upon the forms provided therefore, properly signed and with all items filled out. Do not change the wording of the Bid form, and do not add words to the Bid form. Unauthorized conditions, limitations, or provisions attached to the Bid will be cause for rejection of the Bid. If alterations by erasure or interlineation are made for any reason, explain over such erasure or interlineation with a signed statement from the Bidder.

B. No telegraphic Bid or telegraphic modification of a Bid will be considered. No Bids received after the time fixed for receiving them will be considered. Late Bids will be returned to the Bidder unopened.

4. BONDS

A. Bid security in the amount stated in the Invitation to Bid must accompany each Bid. The successful Bidder's security will be retained until he has signed the Contract and has furnished required Certificates of Insurance.

B. The Owner reserves the right to retain the security of all Bidders until the successful Bidder enters into the Contract or until 30 days after Bid opening, whichever is sooner. Other Bid security will be returned as soon as practicable. If any Bidder refuses to enter into a Contract, the Owner may retain his Bid security as Liquidated Damages but not as a penalty.

C. Prior to signing the Contract, the Owner will require the successful Bidder to secure and post a Labor and Materials Payment Bond and Performance Bond, each in the amount of 100% of the Contract Sum, and each on the form provided therefore in the Project Manual. Such bonds shall be issued by Surety acceptable to the Owner. Costs of such bonds will be paid for by the Contractor. In lieu of the above bonds, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts, equal to 100% of the contract amount, will be acceptable.

D. Upon completion, a one-year maintenance bond in the amount of 10% of contract shall be furnished.

In lieu of said bond, the Owner will withhold retainage due on contract.

5. EXAMINATION OF DOCUMENTS AND SITE OF WORK

Before submitting a Bid, each Bidder shall examine the Drawings carefully, shall read the Specifications and all other proposed Contract Documents, and shall visit the site of the Work. Each Bidder shall fully inform himself prior to Bidding as to existing conditions and limitations under which the Work is to be performed, and shall include in his Bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Contract Documents. No allowance will be made to a Bidder because of lack of such examination or knowledge. The submission of a Bid will be considered as conclusive evidence that the Bidder has made such examination.

6. PROOF OF COMPETENCY OF BIDDER

A Bidder will be required to furnish evidence satisfactory to the Owner that he and his proposed subcontractors have sufficient means and experience in the types of work called for to assure completion of Contract in a satisfactory manner.

http://www.pennbid.bonfirehub.com/

00100-2

7. WITHDRAWAL OF BIDS

A. A Bidder may withdraw his Bid, either personally or by written request, at any time prior to the scheduled time for opening of Bids.

B. No Bidder may withdraw his Bid for a period of 120 calendar days after the date set for opening thereof, and Bids shall be subject to acceptance by the Owner during this period.

8. AWARD OR REJECTION OF BIDS

The Contract, if awarded, will be awarded to the responsible Bidder who has proposed the lowest Contract Sum, subject to the Owner's right to reject any or all Bids and to waive informality and irregularity in the Bids and in the Bidding.

9. EXECUTION OF AGREEMENT

A. The Form of Agreement which the successful Bidder will be required to execute is included in the Project Manual.

B. The Bidder to whom the Contract is awarded shall, within 15 calendar days after notice of award and receipt of Agreement forms from the Owner, sign and deliver copies to the Owner.

C. At or prior to delivery of the signed Agreement, the Bidder to whom the Contract is awarded shall deliver to the Owner those Certificates of Insurance required by the Contract Documents and such Labor and Materials Payment Bonds and Performance Bond as are required by the Owner.

D. Bonds and Certificates of Insurance shall be approved by the Owner before the successful Bidder may proceed with the Work. Failure or refusal to provide Bonds or Certificates of Insurance in a form satisfactory to the Owner shall subject the successful Bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

10. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

A. If any person contemplating submitting a Bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies in or omissions from any part of the proposed Contract Documents, he may submit to the Engineer a written request for interpretation thereof not later than 7 days before Bids will be opened. The person submitting the request shall be responsible for its prompt delivery.

B. Interpretation or correction of proposed Contract Documents will be made only by Addendum and will be mailed or delivered to each General Contract Bidder of record. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

11. PRE-BID CONFERENCE N/A

A mandatory Pre-Bid Conference will be held for the purpose of considering questions posed by Bidders.

The conference will be open to all prospective Bidders and will be held at the following: N/A

12. CONSTRUCTION TIME AND LIQUIDATED DAMAGES

A. The Agreement will include a stipulation that the work be started within 10 days of the Owner’s Notice to Proceed.

B. The Agreement will include a stipulation that the Work be completed in a period of 60 calendar days following receipt of the Owner's Notice to Proceed.

C. The Agreement will include a stipulation that all punch list work must be completed within 30 days of receipt of punch list.

D. The Agreement will include a stipulation that Liquidated Damages will be established in the amount of

$500.00 per calendar day for each calendar day after the agreed completion date that the Work is not fully certified by the Engineer as being Substantially Complete as that stage of completion is defined in the conditions of the Contract.

13. NON-COLLUSION AFFIDAVIT

00100-3

The Non-Collusion Affidavit must be submitted with the Bid proposal or the Bid will be held to be invalid.

14. MATERIAL SAFETY DATA SHEETS

Material Safety Data Sheets must be submitted for respective products, in compliance with Federal Hazard Communication Standard Act (29 CFR 1910, 1200) and various State Right-to-Know Laws.

15. NOTICE OF SPECIAL CONDITIONS: Attention of the bidder is particularly called to those parts of the

General Conditions and other contract documents and specifications which deal with the following:

A. Insurance Requirements;

B. Federal Labor Standards Provisions, including Davis-Bacon wage rates;

C. Requirement for a Payment Bond and Performance Bond for 100% of the Contract price;

D. Requirement that all Subcontractors be approved by the Owner;

E. Time-for-Completion and Liquidated Damages requirements;

F. Safety Standard;

G. Contractor’s responsibility to obtain permits; and H. Affirmative Action and Equal Opportunity provisions.

16. ADDITIONAL OBLIGATIONS UPON CONTRACT AWARD

A. Acceptance of Notice of Award;

B. Contract;

C. Insurance Certificate(s) and/or Policy(ies);

D. Performance Bond.

17. MINIMUM STANDARDS OF CONTRACTOR RESPONSIBILITY AND ELIGIBILITY

A. Each Bidder must submit a Contractor Responsibility Certification and, if applicable, a Subcontractor list and Subcontractor Responsibility Certification with the bid. Failure to submit the documents may result in bid being rejected.

END OF INSTRUCTION TO BIDDERS

00300-1

SECTION 00300

FORM OF PROPOSAL

TO: Nether Providence Township FROM:

214 Sykes Lane Wallingford, PA 19086

Phone:

Fax:

Central Contractor Reg. #:

DUNS #:

Dear Commissioners:

The undersigned, having familiarized himself with the existing conditions in the Project Area affecting the cost of the Work, and with the Contract Documents which includes the Notice to Bidders, Instructions to Bidders, Non-Collusion Affidavit, Form of Proposal, Bid Bond, Articles of Agreement, Performance Bond, Labor and Materials Bond, General Conditions, Non-Discrimination and Sexual Harassment Clause, Special Conditions and Technical Specifications and Drawings, as prepared by Catania Engineering Associates, Inc., Consulting Engineers, 520 W. Mac Dade Boulevard, Milmont Park, PA 19033 (610-532-2884), hereby proposes to furnish and install all supervision, technical personnel, labor, materials, machinery, tools, appurtenances and equipment required for Providence Road Sidewalk in accordance with the above listed documents for the total sum of:

AMOUNT IN WRITING

AMOUNT IN FIGURES

based on the following:

Item Description Quantity Unit Price Total

1 Clearing & Grubbing 1 LS $ LS $

2 Class 1 Excavation 37 CY $ CY $

3 Concrete Sidewalk 135 SY $ SY $

4 Subbase 6” Depth (No. @2A) 135 SY $ SY $

Detectable Warning Surface, Polymer Composite 10 SF $ SF $

6 Topsoil Furnished & Placed 30 CY $ CY $

Seeding & Soil Supplements Formula B Including Mulch 15 LBS $ LBS $

8 Tree Removal 1 EA $ EA $

9 Mobilization 1 LS $ LS $

10 Construction Survey & Stakeout 1 LS $ LS $

11 Maintenance & Protection of Traffic 1 LS $ LS $

TOTAL

00300-2

In submitting this Bid, the Bidder understands that the right is reserved by the Owner to reject any and all Bids. If written notice of the acceptance of this Bid is mailed, telegraphed or delivered to the undersigned within 30 days after the opening thereof, or at any time thereafter before this Bid is withdrawn, the undersigned agrees to execute and deliver an Agreement in the prescribed form and furnish the required bond within 10 days after the Agreement is presented to him for signature.

Security in the sum of Dollars ($ ) in the form of is submitted herewith in accordance with the INSTRUCTIONS TO

BIDDERS.

Attached hereto is an affidavit in proof that the undersigned has not colluded with any person in respect to this bid or any other bid or the submitting of bids for the Contract for which this Bid is submitted.

The Bidder is prepared to submit a Financial and Experience Statement and Bidder's Qualifications Statement upon request.

CERTIFICATION OF NONSEGREGATED FACILITIES

The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity Clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage areas, transportation and facilities provided for employees which are segregated on the basis of race, color, religion, or natural origin because of habit, local custom or otherwise the Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time period) he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. Paragraph 1001.

Date: , 20 .

BIDDER

BY

TITLE

Official Address & Phone Number:

PHONE:

WE HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM # DATED .

00300-3

WORKER'S CLASSIFICATION

A list of the classes of all workers to be used on this project must be included with your Form of Proposal.

This must include classes for any and all sub-contractors to be utilized.

00300-4

SUBCONTRACTOR DECLARATION FORM

Each prime contractor is required to submit a list of subcontractors it intends to use on the project.

Subcontractor Business Address Type of Work

Project Name Prime Contractor Signature

00310-1

SECTION 00310

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE, as PRINCIPAL, and as SURETY, are held and firmly bound unto the (hereinafter called the OWNER), in the penal sum of ($ ) lawful money of the United States, for payment of which sum well and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THE OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated for .

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the time specified therein after the opening of the same, and shall within 10 days after the Principal is notified by the Owner of the award of such Contract to him, enter into a written contract with the Owner, in accordance with the Bid as accepted; and give bond with good and sufficient surety or sureties as may be required for the faithful performance and proper fulfillment and labor supplied, if required in said Contract; or in event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required materials or supplies, or both, if the latter amount of the former, together with any other expenses and costs that may have been incurred by the Owner, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

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

WITNESSED BY:

(Individual Principal) (Name of Partner)

(Business Address)

ATTEST:

(Corporate Principal) (Corporate Surety)

By:

(Business Address)

SEAL

(Power of Attorney for person signing for Surety Company must be attached to Bond.)

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation as Principal in the within bond; and that who signed the said bond on behalf of the Principal was then the of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested to for an in behalf of said corporation by the authority of its governing body.

(Corporate Seal)

We, the undersigned, will provide as Principal, a Performance and Payment Bond on the form provided, to the Owner in the penal sum of the Principal's bid for

(Surety)

(Address) Date:

Signed:

(Attorney-in-fact)

00320-1

SECTION 00320

NON-COLLUSION AFFIDAVIT

State of :

County of :

I, the undersigned, state that I am authorized to make this Affidavit on behalf of my firm, and its Owners, Directors and Officers. I am the person responsible in my firm for the price(s) and the amount of this Bid.

I state that:

The price(s) and amount(s) of this Bid have been arrived at independently and without consultation, communication or agreement with any other Contractor, Bidder or potential Bidder.

Neither the price(s) nor the amount(s) of this Bid, and neither the approximate price(s) nor approximate amount(s) of this Bid have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before Bid opening.

No attempt has been made or will be made to induce any firm or person to refrain from bidding on this Contract, or to submit any intentionally high or competitive Bid or other form of Complementary Bid.

The Bid of my firm is made in good faith and not pursuant to any Agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid.

This firm, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last 4 years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state that this firm understands and acknowledges that the above representations are material and important, and will be relied on by the Owner in awarding the Contract(s) for which this Bid is submitted. I understand, and my firm understands, that any misstatement in this Affidavit is and shall be treated as fraudulent concealment from the Owner of the true facts relating to the submission of Bids for this Contract.

FIRM

NAME

TITLE

SWORN TO AND SUBSCRIBED BEFORE ME

THIS DAY 20 .

NOTARY PUBLIC

MY COMMISSION EXPIRES .

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this Bid. According to the Pennsylvania Anti-Rigging Act, 73 P.S. §§

1611 eq seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with Bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the Bidder who makes the final decision on prices and the amount quoted in the Bid.

3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawfully and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the Bidder with responsibilities for the preparation, approval or submission of the Bid.

4. In the case of a Bid submitted by a joint venture, each party to the venture must be identified in the Bid Documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "Complementary Bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of Bids higher than the Bid of another firm, any intentionally high or noncompetitive Bid, and any other form of Bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an affidavit in compliance with these instructions may result in disqualification of the Bid.

00330-1

SECTION 00330

BIDDER'S QUALIFICATIONS

All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit additional information if he so desires.

1. Name of Bidder:

2. Permanent main office address:

3. When Organized:

4. If a corporation, where incorporated:

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

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

7. General character of work performed by your company:

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

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

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

11. List your major equipment available for this contract:

12. List experience in construction work similar in importance to this project:

13. List background and experience of the principal members of your organization, including the officers:

14. List credit available: $

15. List bank references:

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

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

Bidder:

Title:

Dated this day of , 20 .

State of County of :

being duly sworn deposes and says that he is of and that the answers to the foregoing questions and all statements therein contained are true and correct.

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

Notary Public My commission expires:

00400-1

CONTRACT AGREEMENT

THIS AGREEMENT made and entered into this day of , 20___, by and between the TOWNSHIP OF NETHER PROVIDENCE, a municipal corporation and political subdivision of the Commonwealth of Pennsylvania, County of Delaware (hereinafter called “Township”) and (hereinafter called “Contractor”) for the Providence Road Sidewalk Project.

WITNESSETH

That for and in consideration of the sum of one dollar ($1.00), the receipt whereof is hereby acknowledged, it is mutually understood and agreed by and between the parties hereto as follows:

1. Contractor shall furnish all tools, labor, material and equipment necessary to do all the work for the total price of

2. Contractor shall complete the work required by this contract in strict accordance with the specifications, plans and related documents incorporated by referenced thereto as part of the form of proposal. Furthermore, all work required by this contract shall be completed in a first class workmanlike manner to the satisfaction and approval of the Engineer. Contractor further agrees to pay as liquidated damages the sum of five hundred dollars ($500.00) for each consecutive calendar day thereafter until the work is completed in accordance with the plans, specifications and related documents.

3. If Contractor fails to furnish the labor, tools, material and equipment needed to do all the work required by this Contract or fails to complete any work ordered in accordance with the terms of this Contract, then the Municipality may, upon three (3) days written notice to said Contractor, purchase the same elsewhere and cause the work to be done and charge the same to the account of the Contractor or the Municipality may, at its discretion, cancel the entire Contract for breach thereof by the Contractor and proceed to complete the work called for in said Contract or cause the same to be done by others and hold the Contractor responsible for the cost thereof.

4. 4. Before any work is commenced, contractor agrees to furnish to the municipality a performance bond in the sum of $ ____ conditioned upon the faithful performance of this Contract, for the completion of the work herein mentioned to the satisfaction of the Municipality and the Municipal Engineer and for indemnifying the Municipality against all loss, damage, costs, including counsel fees sustained or incurred by the said Municipality for or by reason of any act, neglect or default on part of Contractor. Furthermore, Contractor shall furnish to the Municipality a Bond in the sum of $ ____ conditioned on the payment of all monies due for labor and materials furnished in said work. Said Bonds shall be in such form and with such surety as may be approved by the Solicitor for the Municipality.

5. Contractor shall furnish to Municipality a Certificate from a reputable insurance company showing that the Contractor maintains Worker’s Compensation Insurance and Public Liability Insurance in amounts and with such companies as will be approved by the Solicitor for the Municipality before any work is commenced.

6. Final payment shall be paid to the Contractor after the Contractor first gives a release to the Municipality from all claims and demands whatsoever growing in any manner out of this Agreement and, secondly, the Contractor shall produce satisfactory evidence of the payment of all claims due for labor or materials furnished in performance of this Contract.

7. Contractor shall comply with the Act of the Legislature approved the 19th day of July, 1935, P.L. 1321, which provides that laborers and mechanics employed on the construction, alteration or repair of any public works shall have been residents of the Commonwealth for at least ninety (90) days and failure to comply with said provision shall be sufficient legal reason to refuse payment of the Contract price hereunder.

8. Contractor shall comply with the Act of the Legislature approved July 10, 1947, Section 1321, and the powers and penalties provided therein providing that there shall be no discrimination or intimidation by reason of race, creed or color against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates.

9. Contractor also agrees to comply with the provisions of the Federal law relating to the employment of labor. All requirements and regulations of Federal Labor Standards shall be strictly complied with. The minimum wage of all employees shall be in strict accordance with the prevailing wages indicated or determined by HUD on the attached Schedule or otherwise in accordance with law.

00400-2

10. Contractor shall not assign by Power of Attorney or otherwise, or sublet the work or any part thereof without the previous consent of the Municipality. In order that Municipality may determine whether or not such consent shall be given, Contractor may submit to the Municipal Manager/Secretary, in addition to any other information required by this Contract, proof that the person, firm or corporation to which any of the work is to be assigned or sublet is fully covered by Public Liability Insurance, including coverage for all liabilities assumed under the Contract, as well as liability under the Pennsylvania Worker’s Compensation Act, as amended and supplemented.

11. This Agreement, together with the Contract documents listed below, form the Contract. Said documents are fully a part of the Contract and are attached hereto for that purpose.

(a) This Agreement

(b) Addenda

(c) Invitation for Bids

(d) Instructions to Bidders

(e) Signed copy of Bid

(f) General Conditions

(g) Special Conditions

(h) Technical Specifications

(i) Drawings

IN WITNESS WHEREOF, the parties hereto have caused to be affixed their respective names and seals the day and year first above written.

This Agreement, together with other documents enumerated herein, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated herein shall govern, except as otherwise specifically stated.

CONTRACTOR: OWNER:

Signature Signature

Typed/printed name Typed/printed name

Title Title

Certifications:

I, , certify that I am the of the corporation named as Contractor herein; that who signed this Agreement on behalf of the Contractor, was then of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

(Corporate Seal)

00410-1

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

CONTRACT

Date:

Amount:

Description: (Name & Location)

BOND

Date: (Not earlier than Contract Date):

Modification to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name & Title: Name & Title:

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required)

EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.

00410-2

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference.

2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1.

3. If there is no OWNER Default, the Surety=s obligation under this Bond shall arise after:

3.1 The OWNER has notified the CONTRACTOR and the Surety at

the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER=s right, if any, subsequently to declare a CONTRACTOR Default; and

3.2 The OWNER has declared a CONTRACTOR Default and

formally terminated the CONTRACTOR=s right to complete the CONTRACT. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and

3.3 The OWNER has agreed to pay the Balance of the Contract Price to:

3.3.1 The Surety in accordance with the terms of the Contract;

3.3.2 Another contractor selected pursuant to paragraph 4.3

to perform the Contract.

4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety=s expense take one of the following actions:

4.1 Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or

4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER=s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or

4.4 Waive its right to perform and complete, arrange for completion or obtain a new contractor and with reasonable promptness under the circumstances;

4.4.1 After investigation, determine the amount of which it may be liable to the OWNER and, as soon as practicable, after the amount is determined, tender payment therefor to the OWNER; or

4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor.

5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered of the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER.

6. After the OWNER has terminated the CONTRACTOR=s right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for:

6.1 The responsibilities of the CONTRACTOR for correction of

defective Work and completion of the Contract;

6.2 Additional legal, design professional and delay costs resulting from the CONTRACTOR=s Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and

6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of the CONTRACTOR.

7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors.

8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after the CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was being performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein.

The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions

12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract.

12.2 Contract: The agreement between the OWNER and the

CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

12.3 CONTRACTOR Default: Failure of the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

12.4 OWNER Default: Failure of the Owner, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.

00420-1

PAYMENT BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

CONTRACT

Date:

Description: (Name & Location)

BOND

Date: (Not earlier than Contract Date):

Modification to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required)

EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.

FOR INFORMATION ONLY – Name, Address and Telephone) AGENCY OR BROKER: OWNER’S REPRESENTATIVE (Engineer or other party):

00420-2

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to the OWNER, this obligation shall be null and void if the

CONTRACTOR:

2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default.

3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.

4. The Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with the

CONTRACTOR:

1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed;

and

2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the

CONTRACTOR.

5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance.

6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety’s expense take the following actions:

6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed amounts.

7. The Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER’s priority to use the funds for the completion of the Work.

9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond o shall permit a copy to me made.

15. DEFINITIONS.

15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR’s Subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

15.2. Contract: The agreement between the OWNER and the

CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

15.3. OWNER Default: Failure of the OWNER, which has neither been remedied not waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.

00430-1

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and a corporation, as Surety, are held firmly bound unto as Obligee, in the full and just sum of ($ ) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal entered into a contract with dated for

WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period, and

WHEREAS, the said contract has been completed, and was approved on .

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one (1) year from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.

Signed and sealed this day of , 20 .

Witness:

Principal

Attorney-in-Fact

00440-1

AFFIDAVIT RE:

ACCEPTING PROVISIONS OF THE WORKER'S COMPENSATION ACT

STATE OF :

COUNTY OF :

being duly sworn according to law disposes and says that (they, he, it) (has, have) accepted the provisions of the Worker's Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and (has, have) insured (his, their, its) liability thereunder in accordance with the terms of said Act with (Company)

Type or Print Name of Contractor

BY:

(Title)

Sworn to and subscribed before me this day of , 20____.

(Notary Public)

My commission expires:

(Date)

00550-1

SECTION 00550

FORM OF NOTICE OF AWARD

TO:

PROJECT DESCRIPTION: Providence Road Sidewalk – E. Rose Valley Road to Putters Lane

The OWNER has considered the BID submitted by you on , 20 (BID DATE) for the above described WORK in response to its Advertisement for BIDS and Information for BIDDERS.

You are hereby notified that your BID has been accepted for items in the amount of…