MILLERSVILLE BOROUGH

LANCASTER COUNTY, PENNSYLVANIA

SPECIFICATIONS

FOR

Valley Road Storm Sewer

CONTRACT NO. MVB-143

RAV ASSOCIATES

2 S. DECATUR STREET

STRASBURG, PA 17579

LANCASTER COUNTY, PENNSYLVANIA

CONTRACT DOCUMENTS

FOR

CONTRACT NO. MVB-143

PREPARED BY:

RAV ASSOCIATES

2 S. DECATUR STREET

STRASBURG, PA 17579

(717) 898-8100

TABLE OF CONTENTS

ITEM PAGES

Invitation to Bid

Information to Bidders ………………………………………. IB-1 to IB-10

Statement of Bidder’s Qualifications ………………………… SBQ-1 to SBQ-2

Public Works Employment Verification Form ………………. C-410A

Non-Collusion Affidavit (C-410B) ….……………….……….. C-410B

Bid Bond (C-425) .…..………………………………………… BB-1 to BB-3

Standard Form of Agreement ……………….………………… A-1 to A-5

Performance Bond (C-610) ………………..…………………. 1 to 3

Payment Bond (C-615) …………………….………………… 1 to 3

Standard General Conditions (C-700) …….………….………. 1 to 65

Supplementary Conditions …………..…..…………………... SC-1 to SC-9

Wage Rates ……………………………………………………. 1 to 7

Technical Specifications ………………………………………. TS-1 to TS-11

Maintenance and Protection of Traffic ………………………...

Drawings for Contract No. MVB-143

Construction Plans ………………………………………… 1 to 3

INVITATION TO BID

Sealed bids for this project will be received online via the PennBid Program

(www.PennBid.net) until 10:00 A.M. on February 27, 2026. At that time, bids will be opened and made available online.

Major items of construction consist of the installation of 65 SY pavement restoration; 4 inlets;

88 LF storm sewer, 1 endwall and other associated items.

A Prebid Conference will be held on February 17, 2026, at 10:00 A.M. in the Millersville

Borough Building, 100 Municipal Drive, Millersville, PA 17551.

Each bid must be accompanied by a certified check or bank check, payable to Millersville

Borough or a Bid Bond in the form described in the bidding documents executed by the bidder and an acceptable surety, in an amount equal to 10% of the Total Bid. Bidders must submit a non-collusion affidavit. A performance bond in the amount of 100% of the contract price will be required.

Millersville Borough reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by Millersville Borough for a period of not to exceed 60 days from the date of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of the bidders, prior to awarding the contract. This project is subject to the Prevailing Minimum Wage Determination established by the Commonwealth of Pennsylvania, Department of Labor and Industry.

Rebecca DeSantis-Randall

Millersville Borough Manager

IB-1

INFORMATION FOR BIDDERS

1. DEFINITIONS

See Standard General Conditions of the Construction Contract (C-700), Article 1.

2. PLANS AND SPECIFICATIONS

In accordance with the invitation to bid, complete sets of plans and specifications are available online at no cost via the PennBid Program (www.PennBid.net)

3. DATE AND PLACE OF OPENING BIDS

Sealed Bids will be received online via the PennBid Program (www.PennBid.net) until the date and time stated in the Invitation for Bid attached hereto.

4. BIDDERS TO EXAMINE CONTRACT DOCUMENTS AND SITE

All bidders for work under this contract are required to:

A. Examine the Contract Documents thoroughly; and

B. Familiarize themselves with all federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work;

and

C. Visit the site of the proposed work and the adjacent premises to inform themselves thoroughly about the character and the magnitude of all work involved in the complete execution of the contract.

The submission of a Bid will be deemed a warranty that the bidder has complied with the requirements of Article 4 A, B, & C and that the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all the terms and conditions required for the performance of work under this project.

http://www.pennbid.net/

IB-2

5. CONDITIONS OF WORK

Each bidder must inform himself fully of the conditions and labor under which the actual work/construction is now and will be performed; this will include all labor, materials, equipment, and all else necessary to carry out the provisions of the work within the easements/rights-of-way provided. Failure to do so will not relieve a successful bidder of his obligation to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid. Insofar as possible, the contractor in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

6. PREPARATION AND SUBMITTAL OF BID

Bids shall be submitted electronically via the PennBid Program

(https://pennbid.bonfirehub.com), and shall include completion the electronic Bid

Forms within PennBid, as well as uploading of all required supporting documents. A summary of bids received will be issued via a Public Notice on PennBid shortly after bid opening.

7. BID SECURITY

A. Bid Security shall be made payable to Owner in an amount of ten (10%) percent of the Bidder's maximum bid price and in the form of a certified or bank check or a bid bond. If a Bid Bond is used, it must be on the form furnished with the Contract

Documents, be executed by the Bidder as provided in Articles 6C, and must have corporate surety satisfactory to the Owner and be authorized to conduct business in

Pennsylvania.

B. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security whereupon it will be returned if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within fifteen (15) days of the Notice of

Award, Owner may annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) by Owner to Contractor and the required Contract

Security is furnished, or the sixty-first (61) day after the Bid opening.

C. Executed Bid Security shall be scanned and submitted electronically with the Bid.

8. NON-COLLUSION AGREEMENTS

Each bidder submitting a bid to the Owner shall execute and submit the "Non-Collusion

Affidavit" together with his bid.

IB-3

The bidder shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in the contract until the prospective subcontractor has been approved by the Owner (Millersville Borough).

9. PREBID CONFERENCE

A prebid conference will be held February 17, 2026, at 10:00 A.M. at the Millersville

Borough Municipal Building, 100 Municipal Drive, Millersville, PA 17551.

10. MODIFICATION AND WITHDRAWAL OF BIDS

A. Bids may be modified or withdrawn at any time prior to the opening of the Bids.

B. If, within two (2) business days after the Bids are opened, bids may be withdrawn only to the extent authorized by state statute including, but not limited to, 73 P.S.

§1601 & 1602 et seq. Bidder must submit credible evidence that the reason for the bid price being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid. The withdrawal of a bid is not permitted if it would result in the awarding of the contract to a partner, corporation, or business venture owned by or in which the bidder seeking to withdraw the bid has a substantial interest.

11. BASIS FOR COMPARING BIDS

All bids will be compared on the basis of the Engineer's estimate of the quantities of the work to be done. The estimated quantities shown in PennBid's "Bid" tab are not to be considered by the Contractor as actual quantities which may be required to complete the work, but solely to serve as a basis for comparing bids.

Comparison of bids will be made on the basis of the relative amount of the respective base bids, together with such alternate and supplemental items as may be deemed most advantageous to the Owner to be included, and maintain the cost of the work within the funds available.

Consideration will also be given to the relative capacity and performance as well as to the cost of alternate types of construction, alternate materials, and supplemental items, the Owner reserving the right to select the size and type of construction deemed by it to be most advantageous and to its best interests.

IB-4

12. BIDS TO REMAIN OPEN

Except as otherwise provided by law, any Bids shall remain open for sixty (60) days after the day of the Bid Opening, but Owner may, in his sole discretion, release any Bid and return the

Bid Security prior to that date.

13. QUALIFICATION OF BIDDERS

Before any award is made, the Owner may require the successful bidder to complete the enclosed statement of a Bidder Qualifications Form within five (5) days at the Owner's request to show that the Bidder is fully prepared in every way to execute the work promptly and satisfactorily, and has been regularly engaged in such work.

14. AWARD OF CONTRACT, RIGHT TO REJECT BIDS, AND ELIMINATION OF

ITEMS

A. The contract will be awarded to the lowest responsible bidder complying with the conditions of the invitation to bid, provided such bid is reasonable and it is to the interest of the Owner to accept it.

B. The Owner expressly reserves the right to reject any or all Bids, and/or to waive any informalities in the bids, and/or to accept any Bid that in its judgment best serves its interests.

C. The Owner expressly reserves the right to eliminate and reject any or all of the items in the Bid, and/or to increase or decrease such items as may be necessary for the adoption of any alternate, or as may be necessary to obtain proper and adequate works within the funds available for general construction.

D. Bids which are obviously unbalanced may, at the option of the Owner, be rejected.

IB-5

15. EXECUTION OF STANDARD FORM OF AGREEMENT, CONSTRUCTION,

PERFORMANCE AND PAYMENT BOND

Subsequent to the award and within ten (10) days after receipt of a written notification by the

Owner, the successful bidder shall execute and deliver to the Owner, in at least three (3) counterparts, the Standard Form of the Agreement, a Performance Bond, and Payment Bond of a responsible security company satisfactory to the Owner and authorized to conduct business in Pennsylvania. The Bidder shall simultaneously deliver to the Owner in at least three (3) counterparts, the insurance policies, or certificates of insurance required by the contract documents. Such insurance policies or certificates shall state that the insurance cannot be canceled without approval of/or reasonable written notice to the Owner.

16. NOTICE TO PROCEED AND TIME FOR BEGINNING AND COMPLETING

WORK

The successful bidder shall commence work within fifteen (15) calendar days after the date specified in the notice to proceed furnished to them by Millersville Borough, and shall complete the work within the number of days specified in the Standard Form of the Agreement.

17. PRECONSTRUCTION CONFERENCE

After the award and execution of the contract, but prior to the start of construction, there will be a preconstruction conference held at the Millersville Borough Municipal Building to coordinate all aspects of the construction schedule.

18. LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in the "Standard Form of Agreement."

19. WAGES AND SALARIES

Attention of bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees.

The rates of pay set forth are the minimal to be paid during the life of the contract. It is, therefore, the responsibility of bidders to inform themselves as to the local labor conditions such as length of work day and work week, overtime compensation, health and welfare contributions, labor supply, and prospective changes or adjustment of rate.

IB-6

20. EQUAL EMPLOYMENT OPPORTUNITY

Attention of bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin.

21. HISTORIC AND ARCHAEOLOGICAL RESOURCES

The Contractor will comply with Section 106 of the Historic Preservation Act of 1966. If during the course of construction resources that may have historic or archaeological significance are discovered, the Contractor will be held responsible for the protection of the resources from damage due to construction. Upon such discovery, the Contractor will immediately notify the

Engineer and the Owner.

22. PLANT AND ORGANIZATION REQUIRED

It is the purpose of the Owner to build the works under its charge in the shortest time consistent with good construction. To this end, the Contractor will be required to use improved methods and appliances for doing various parts of the work. Complete and well designed construction plants and effective organization will be insisted upon.

23. QUALITY OF MATERIALS AND WORKMANSHIP

The attention of intending bidders is directed to the exacting requirements of the specifications intended to assure safe, water-tight, and otherwise adequate structures. The bidder should realize fully that the first class materials and workmanship specified must be supplied in full measure in order to produce acceptable structures and equipment of the kind specified and as designed to give uninterrupted service for an extended period. Should the bidder desire to quote on equipment, material, or articles claimed to be equal to that specified, he may do so, provided that he shall first submit a request therefore (accompanied by cuts and complete descriptive matter of such other equipment, materials, or articles), and receive the

Engineer's approval, before submitting his bid. Such request must be made sufficiently in advance to permit the Engineer to make proper investigation, and the Engineer's determination thereon shall be conclusive.

IB-7

24. CONSTRUCTION ENGINEERING

A. The Engineer will provide Construction Engineering Services limited and described herein. These Construction Engineering Services shall be considered the minimum required to construct this project as described in the plans and specifications. Any and all Construction Engineering Services required beyond the scope and intent of those described herein shall be the responsibility of the Contractor.

B. The Construction Engineering Services shall include a “ONE-TIME” Construction

Stakeout as follows:

1. The centerline of the roadway shall be staked every fifty (50) feet along tangent sections of the alignment and stakeout every twenty-five (25) feet along curved sections of the alignment. The stakeout shall include all Points of Curvature (P.C.) and Points of Tangency (P.T.).

2. The stakeout of side streets which have proposed curb along the radius returns shall include the Point of Curvature (P.C.), the Mid Radius, the Point of

Tangency (P.T.) and the Radius Point of all return curves at the intersection of said side streets.

3. Sewer facilities shall be staked as follows:

a. Inlets shall be staked with two (2) points. Said points shall be located ten (10) feet offset from the face of curb on “C” top inlets; and ten

(10) feet offset from the center of the inlet grate for “M” top inlets.

b. Manholes shall be staked with two (2) points. One point being located five (5) feet offset and one being located ten (10) feet offset from the center of the manhole.

c. All offsets shall be (radial and perpendicular) toward the centerline of the main street unless otherwise noted by the Engineer.

4. All points as set and described above shall be adequately labeled by paint marks on the pavement or markings on the stakes to satisfactorily reference all stakeout information to the construction plans and/or cut sheets as provided.

5. The Engineer reserves the right to eliminate the stakeout of points that will endanger the safety of the survey crew, encroach upon private property or where field conditions limit the surveyors ability to actually stakeout a point.

IB-8

6. Any additional stakeout information required to construct the project and not listed (or precluded) above shall be the responsibility of the Contractor.

C. Once the field stakeout is completed, and within three (3) working days of completing the same, the Engineer shall provide cutsheets to the Contractor with the following information:

1. Cutsheets shall include the referenced location of the field point as described above.

2. Cutsheets shall include the existing elevation of the actual staked point, the proposed grade of the point which the stakeout point represents, and the actual cut or fill grade (in decimal feet) required to achieve the proposed grade at the stakeout point.

D. The Contractor, upon successful award of the contract, and final determination of the construction schedule, shall notify the Engineer in advance for the required stakeout information. Upon receiving said notification, the Engineer shall, within ten (10) working days, begin and work to completion, the construction stakeout as described above.

E. The Contractor shall be held responsible for the preservation of all nails, hubs, stakes and other stakeout points and/or control points. Replacement of these points shall be completed at the expense of the Contractor.

F. If during construction, the Contractor discovers a discrepancy between the reference survey/grade sheets and the design, the Contractor shall immediately report his findings to the Engineer. At this point, the Contractor shall not proceed with any construction until the discrepancy has been resolved by the Engineer.

25. CONSTRUCTION SCHEDULE

A. Within (10) days of bid award, the Contractor shall provide a construction schedule in the form of a bar chart to the engineer and owner. The schedule shall include the following:

1. The date work is to begin, the duration of construction and the anticipated completion date for all major work items on the project (such as storm sewers, curbs, sidewalks, paving, and line striping).

2. The schedule shall also include the start dates, the duration of work, and the anticipated completions dates for utility relocations and any subcontractors that may be involved in the construction sequence.

IB-9

B. The contractor shall provide the owner with 24 hours notice before any paving of streets and pouring of curb or sidewalk can take place.

C. The contractor shall provide the owner with monthly progress updates on the construction schedule.

D. In preparing the construction schedule, consideration shall be given to all contract documents for this project. This shall include, but not be limited to, the “Notice to

Proceed and Time for Beginning and Completing Work”, “Liquidated Damages” and “Standard Form of Agreement”.

26. CLARIFICATION OF RESPONSIBILITY

The term “Owner” as used in the contract documents refers to Millersville Borough.

SBQ-1

STATEMENT OF BIDDER'S QUALIFICATIONS

(To be submitted by the bidder only upon the specific request of the Owner.)

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

1. Name of Bidder.

2. Permanent main office address.

3. Who 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 approximate anticipated dates of completion.)

7. General character of work performed by your company.

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

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

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

11. List your major equipment available for this contract.

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

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

14. Credit available ( ).

15. Give bank reference.

SBQ-2

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

17. The undersigned hereby authorizes and requests any persons, firm, or corporation to furnish any information requested by Millersville Borough in verifications of the recitals comprising this statement of Bidder's Qualifications.

Dated at this day of 2026.

(Name of Bidder)

By____________________________

Title____________________________

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 me this day of , 2026.

Notary Public

My Commission Expires: _____________________

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM (C-410A)

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor Subcontractor (check one)

Contracting Public Body _______________________________________________________________

Contract/Project No ___________________________________________________________________

Project Description ____________________________________________________________________

Project Location ______________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act

(‘the Act’) through utilization of the federal E Verify Program (EVP) operated by the United States

Department of Homeland Security. To the best of my/our knowledge, all employees hired post

January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, _________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

C-410A

NON-COLLUSION AFFIDAVIT (C-410B)

C-410B

NON-COLLUSION AFFIDAVIT

I state that I am ________________________________ of __________________________________ (title) (name of firm) and 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 prices and the amount of this Bid.

I state that:

1. The prices and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder, or potential bidder.

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

3. 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 a bid higher than this Bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. The Bid of my firm is 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.

5. ____________________________________ its affiliates, subsidiaries, officers, directors and employees (name of firm) are not currently under investigation by any governmental agency and have not in the last four (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 ______________________________________ understands and acknowledges the above (name of firm) representations are material and important and will be relied upon by __________________________________ (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.

(name of firm)

By: ____________________________________________

Title: ___________________________________________

Sworn to before me this ______ Day of _________________, 20___

My commission expires: ________________________________________

Signature of Notary Public: ______________________________________

Type or print name below each signature.

BID BOND (C-425)

BB-1

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS, that we, ______________________

__________________________________ of ________________________________________

_______________ (hereinafter called the “Principal”), and _____________________________

_________________ a _______________ corporation authorized to transact business in

Pennsylvania, and having its principal office at _______________________________________ and whose contact person and telephone number are _________________________________ at

____________________ (hereinafter called the “Surety”) as Surety, are held and firmly bound unto MILLERSVILLE BOROUGH (hereinafter called the “Obligee”) as Obligee, in the sum of

Dollars, lawful money of the United States of America, for payment of which we bind ourselves, and each of our respective heirs, legal representatives, successors and assigns, jointly and severally, by these presents, on this ______ day of ___________________, 20____.

WHEREAS, said Principal is herewith submitting to the Obligee a bid to perform work relating to the ____________________________________________________________, Millersville Borough, Lancaster County pursuant to plans, specifications and other Bidding

Documents incorporated into said bid by reference, and it is a condition of the Obligee’s receipt and consideration of said bid that the bid be accompanied by bid security to be held by the

Obligee on terms embodied herein.

NOW THEREFORE, the condition of this obligation is that if Principal shall furnish such

Bonds as may be specified in the Bidding Documents to the Obligee within ten (10) days of the

Obligee’s delivery to the Principal of its Notice of Intention to Award, and shall enter into such contract and shall furnish insurance certificates in all respects as required by said Bidding

Documents within ten (10) days after Obligee’s delivery to Principal of its Notice of Award, then this obligation shall be void; but otherwise it shall remain in full force, and the Principal and

Surety will pay to the Obligee the difference between the amount of Principal’s accepted bid/s and any higher amount for which the Obligee may contract for the required work, plus any advertising, architects’ fees, attorneys’ fees, and other expenses incurred by the Obligee by reason of the default; provided, however, that the obligations of the Surety hereunder shall not exceed the amount of this Bid Bond together with interest. The Surety, for value received, hereby stipulates and agrees that the obligation of said surety and this Bid Bond shall in no way be impaired or affected by any extension of the time within which Obligee may accept such bid, and Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF the Principal and Surety, intending to be legally bound, have caused this bond to be executed the day and year aforementioned.

visro Text Box

BB-2

(Individual Principal)

Witnesses:

_____________________________ __________________________________(SEAL)

(Signature of Individual)

Trading and Doing Business As

(Partnership Principal)*

Witnesses: ________________________________________

(Name of Partnership)

_______________________________ By:_____________________________________

Partner

______________________________ By:_____________________________________

______________________________ By:_____________________________________

*All general partners must sign

(Corporation Principal)

(Name of Corporation)

Attest:__________________________ By:_____________________________________

(Assistant) Secretary (Vice) President

[CORPORATE SEAL]

BB-3

(Limited Liability Company Principal)**

(Name of Limited Liability Company)

_________________________________ By:_____________________________________

Member

**All members must sign

(Corporation Surety)

Attest:________________________ ***By:__________________________________

Title Attorney-in-Fact

***Attach an appropriate power of attorney, dated as of the same date as the Bid Bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the Corporation.

A-1

STANDARD FORM OF AGREEMENT

THIS AGREEMENT is dated as of the ____ day of __________ in the year 2026 by and between Millersville Borough (hereinafter called OWNER) and

______________________________ (hereinafter called CONTRACTOR).

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

Article 1. Work

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows:

Valley Road Storm Sewer, MVB-143

The project for which the work under the Contract Documents may be the whole or only a part, is generally described as follows:

Article 2. Engineer

The project has been designed by:

RAV Associates who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the

Contract Documents in connection with completion of the Work in accordance with the

Contract Documents.

Article 3. Contract Time

3.1 The work to be performed under this Contract shall commence within 15 days of notification by the Owner or Engineer to start work, and all work shall be fully and finally completed ninety (90) calendar days thereinafter.

A-2

3.2 Liquidated Damages. OWNER AND CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER AND CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR SHALL PAY OWNER FIFTY DOLLARS ($50.00) for each day that expires after the time specified in paragraph 3.1 for completion until Work is complete.

Article 4. Contract Price

4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the

Contract Documents in current funds as follows:

In accordance with unit prices indicated on attached Bid Form Exhibit “A.”

Article 5. Payment Procedures

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the

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

Article 6. Contractor's Representations

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

6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract

Documents, work, site, locality and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.

6.2 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.1 above) that pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract

Documents, including specifically the provisions of paragraph 4.2 of the General Conditions;

and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes.

6.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the

A-3 site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by

CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the

Contract Time, and in accordance with the other terms and conditions of the Contract

Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.

6.4 CONTRACTOR has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the

6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to the CONTRACTOR.

Article 7. Contract Documents

The Contract Documents which comprise the entire agreement between OWNER and

CONTRACTOR concerning the Work consist of the following:

7.1 This Agreement (As listed in the Table of Contents, inclusive).

7.2 Exhibits to this Agreement: Non-Collusion Affidavit.

7.3 Performance and Payment Bonds, identified as Exhibits “B” and “C” and consisting of 2 pages.

7.4 Notice of Award.

7.5 Standard General Conditions of Construction Contract (C-700, inclusive).

7.6 Supplementary Conditions as listed in the Table of Contents thereof: a. Insurance

Certificate.

7.7 Specifications bearing the title Technical Specifications and consisting of divisions and pages, as listed in the Table of Contents thereof.

7.8 Drawings, as per cover sheet and sheets numbered as listed in the Table of Contents thereof, inclusive, with each sheet bearing the following general title:

7.9 Addendum number ., inclusive.

7.10 Contractor’s bid (PennBid's "Bid" tab), marked Exhibit “A.”

A-4

7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages SBQ-1 to

SBQ-2, inclusive).

7.12 The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the

General Conditions.

7.13 The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement

(except as expressly noted otherwise above).

7.14 Information to Bidders (pages IB-1 to IB-10, inclusive).

7.15 Invitation to Bid

7.16 Public Works Employment Verification Form.

There are no Contract Documents other than those listed above in this Article 7. The Contract

Documents may only be amended, modified, or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions.

Article 8. Miscellaneous

8.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions.

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

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

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Article 9. Other Provisions

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in

Three (3) Counterparts. One counterpart each has been delivered to the CONTRACTOR, the

ENGINEER, and the OWNER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement will be effective on ___________________ 2026

OWNER: CONTRACTOR:

Millersville Borough ______________________________

100 Municipal Drive, Millersville, PA 17551

BY____________________________ BY____________________________

(CORPORATE SEAL) (CORPORATE SEAL)

ATTEST_______________________ ATTEST_________________________

Address for giving notices Address for giving notices

Millersville Borough

100 Municipal Drive, Millersville, PA 17551

License No.____________________

Agent for Service of Process:

(If CONTRACTOR is a corporation attach evidence of authority to sign).

PERFORMANCE BOND (C-610)

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PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that we, _______________________________________________, with its principal place of business at _________________________________________________, as Principal (the “Principal”), and ___________________________________, a corporation organized and existing under the laws of the State of __________________ and authorized to do business in the Commonwealth of Pennsylvania and currently listed in the United States Department of the Treasury Circular 570, with its principal office and place of business at _______________________________________ ________________________________________ and whose contact person and telephone number are _________________________________ at ______________________________, as Surety (the “Surety”), are held and firmly bound unto Millersville Borough, as Obligee (the “Obligee”), as hereinafter set forth, in the full and just sum of_____________________________ _____________________________________________ Dollars lawful money of the United States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WITNESSETH THAT:

WHEREAS, the Principal heretofore has submitted to the Obligee a certain Bid, dated ___________________________, 20___ (the “Proposal”), to perform certain work and supply certain materials (“Work”) for the Obligee in connection with the ____________________________________________________, as specified or indicated in the procurement documents and other related documents constituting the contract documents, which are incorporated into the Proposal by reference (the “Contract Documents”), as prepared by RAV Associates, Inc.; and

WHEREAS, the Obligee is a “contracting body” under the provisions of Act 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known and cited as the “Public Works Contractors' Bond Law of 1967", as amended (the “Act”); and

WHEREAS, the Act, in Section 3.1, requires that, before an award shall be made to the Principal by the Obligee in accordance with the Proposal, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a contract to the Principal by the Obligee in accordance with the Proposal; and visro

WHEREAS, it also is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee; and

WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Proposal, then the Principal and the Obligee shall enter into an agreement with respect to performance of such Work (the “Agreement”), and the form of Agreement is set forth in the Contract Documents.

NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if: (a) the Principal well, truly and faithfully shall comply with and perform the Work in accordance with the Contract Documents, at the time and in the manner provided in the Agreement and in the Contract Documents, and if the Principal shall satisfy all claims and demands incurred in or related to the performance of the Agreement by the Principal or growing out of the performance of the Agreement by the Principal, and if the Principal shall indemnify completely and shall save harmless the Obligee and all of its officials, agents and employees from any and all costs and damages which the Obligee and all of its officials, agents and employees may sustain or suffer by reason of the failure of the Principal to do so, and if the Principal shall reimburse completely and shall pay to the Obligee any and all costs and expenses which the Obligee and all of its officials, agents and employees may incur by reason of any such default or failure of the Principal; and (b) if the Principal shall remedy, without cost to the Obligee, all defects in the Work to be performed under the Agreement in accordance with the Contract Documents, which defects, in the sole judgment of the Obligee or its legal successors in interest, shall be caused by or shall result from defective or inferior materials or workmanship, then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect.

This Bond is executed and delivered under and subject to the Act to which reference hereby is made.

The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or alterations, changes and/or additions to the Work to be performed under the Agreement in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Agreement, and/or any giving by the Obligee of any extensions of time for the performance of the Agreement in accordance with the Contract Documents, and/or any act of forbearance of either the Principal or the Obligee toward the other with respect to the Contract Documents and the Agreement, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Agreement, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond; and the Surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage.

No final settlement between Obligee and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

IN WITNESS WHEREOF, intending to be legally bound, the Principal and the Surety have caused this Bond to be signed, sealed and delivered this ______________ day of _____________________________, 201___.

__________________________________(SEAL)

(Name of Partnership) Witnesses:

By:_____________________________________ Partner

By:_____________________________________ Partner

By:_____________________________________ Partner

* All general partners must sign

Attest:_____________________ By:_____________________________________

(Limited Liability Company Principal)

Witnesses:

**By:___________________________________ Member

**By:___________________________________ Member

**By:___________________________________ Member

** All members must sign.

(Corporate Surety)

Witness or Attest:

***By:__________________________________ (Title) (Attorney-in-Fact)

*** Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the corporation.

PAYMENT BOND (C-615)

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PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS that we,_________________________ ___________________________________________________, with its principal place of business at ________________________________________________, as Principal (the “Principal”), and ____________________________________________________, a corporation organized and existing under the laws of the State of __________________ and authorized to do business in the Commonwealth of Pennsylvania and currently listed in the United States Department of the Treasury Circular 570, with its principal office and place of business at _____ _________and whose contact person and telephone number are __________________________________________ at ________________________, as Surety (the “Surety”), are held and firmly bound unto Millersville Borough, as Obligee (the “Obligee”), as hereinafter set forth, in the full and just sum of _________________________________________ Dollars ($_____________________), lawful money of the United States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WITNESSETH THAT:

WHEREAS, the Principal heretofore has submitted to the Obligee a certain Bid, dated ___________________________, 201__ (the “Proposal”), to perform certain work and supply certain materials (“Work”) for the Obligee in connection with the _______________________________________________, as specified or indicated in the procurement documents and other related documents, which are incorporated into the Proposal by reference (the “Contract Documents”), as prepared by RAV Associates, Inc.; and

WHEREAS, the Obligee is a “contracting body” under the provisions of Act 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known and cited as the “Public Works Contractors' Bond Law of 1967", as amended (“Act”); and

WHEREAS, the Act, in Section 3.1, requires that, before an award shall be made to the Principal by the Obligee in accordance with the Proposal, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a contract to the Principal by the Obligee in accordance with the Proposal; and

WHEREAS, it also is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee; and visro

WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Proposal, then the Principal and the Obligee shall enter into an agreement with respect to performance of such Work (the “Agreement”), and the form of which Agreement is set forth in the Contract Documents.

NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if the Principal and any subcontractor of the Principal to whom any portion of the Work under the Agreement shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, promptly shall pay or shall cause to be paid, in full, all money which may be due any claimant supplying labor or materials in the prosecution and performance of the Work in accordance with the Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, for material furnished or labor supplied or labor performed, then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect.

This Bond, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the Principal or to any subcontractor of the Principal in the prosecution of the Work covered by the Agreement, including any amendment, extension or addition to the Agreement. The term “claimant”, when used herein and as required by the Act, shall mean any individual, firm, partnership, association or corporation. The phrase “labor or materials”, when used herein and as required by the Act, shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the Work covered by the Agreement.