6-Project Manual Myerstown Borough 2026 Roadway Project-Contract 1.pdf

We answer to you.

CONTRACT DOCUMENTS

FOR

2026 ROADWAY PROJECT

CONTRACT NO. 1 - PAVING

IN

MYERSTOWN BOROUGH

LEBANON COUNTY

PENNSYLVANIA

January 2026

Project No.0858005690

Prepared by:

RETTEW Associates, Inc.

5031 Richard Lane, Suite 111 Mechanicsburg, PA 17055

(800) 738-8395

TABLE OF CONTENTS

ITEM PAGE

INVITATION TO BID 1

SECTION 01100 - SUMMARY OF WORK 1-2

MS-944 PROPOSAL AND CONTRACT 1-2

ATTACHMENT NO. 1 1

ATTACHMENT NO. 1A – SPECIAL PROVISIONS TO CONTRACT 1

BID BOND 1-2

WORKMEN’S COMPENSATION AFFIDAVIT 1

ANTI-COLLUSION AFFIDAVIT 1

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM 1

PERFORMANCE BOND 1

PAYMENT BOND 1

NOTICE OF AWARD 1

NOTICE TO PROCEED 1

INSURANCE REQUIREMENTS 1

APPLICATION FOR PAYMENT 1-3

SUBMITTAL INSTRUCTIONS 1-2

TECHNICAL SPECIFICATIONS

SPECIAL PROVISIONS

SECTION 01015 – GENERAL INSTRUCTIONS

SECTION 02511 – ROADWAY PAVING

SECTION 02535B – TRAFFIC CONTROL SIGNS

SECTION 02536 – PAINTING AND PAVEMENT MARKINGS

SUPPORTING DOCUMENTS

LOCATION MAP

PREVAILING WAGE RATES

INVITATION TO BID

OWNER: Myerstown Borough 101 South Railroad Street Myerstown, PA 17067

ENGINEER: RETTEW Associates, Inc.

5031 Richard Lane, Suite 111

800-738-8395

Myerstown Borough will receive bids for the 2026 Roadway Project. Bids may be submitted and updated online until Tuesday, March 31, 2026, 2:00 PM. At that time bids will be made available online. All documents and solicitation details are available any time at https://pennbid.bonfirehub.com.

The Contract 1 work will include, but not necessarily be limited to, approximately 5,775 SY milling, 490 Ton bituminous wearing course, and other work described in the contract.

The Contract 2 work will include, but not necessarily be limited to, approximately 2,750 SY bituminous seal coat (double application) and other work described in the contract.

The Contract 3 work will include, but not necessarily be limited to, line striping and pavement markings on various roads within the Borough.

A certified check or bid bond for the amount of 10 percent of the total bid shall be required. Bonds are to be issued by a surety licensed to do business in the Commonwealth of Pennsylvania.

Only those questions submitted online via PennBID shall be considered. Questions received after 12:00 PM, Friday, March 27, 2026, regarding the project will not be acknowledged.

This Contract is subject to the following: the Pennsylvania Prevailing Wage Act conditions (Contract No.1);

the Federal Occupational Safety and Health Act of 1970 (OSHA) conditions; the Pennsylvania Act 229 of 2002; the Pennsylvania One Call Act, also known as the Underground Utility Line Protection Law, Act 287 of 1974, as amended; the Pennsylvania Human Relations Act 222 Condition; requirement of a noncollusion affidavit; the non-discrimination in Employment/Contract Compliance Regulations Conditions; and the Public Works Employment Verification Act.

Myerstown Borough Council reserves the right to accept or reject any or all Bids.

Michael McKenna Borough Manager

Myerstown Borough/ 2026 Roadway Project – Contract 1 - Paving 01/2026

SUMMARY OF WORK 01100 - 1

RETTEW Project No.: 0858005690

SECTION 01100 - SUMMARY OF WORK

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and provisions of this Contract apply to this section.

1.2 PROJECT DESCRIPTION

A. Project Identification: The Contract 1 work will include, but not necessarily be limited to, approximately 5,775 SY milling, 490 Ton bituminous wearing course, and other work described in the contract.

1. Project location:

Contract 1:

Railroad Street: Richland Avenue to Railroad Tracks (Profile mill, paving fabric, leveling course/overlay) Valentine Alley: W. Washington Avenue to W. Jefferson Avenue (Mill in place, PA 2A leveling) Monroe Alley: N. Locust Street to S. Goodwill Street (Mill in place, PA 2A leveling) Walborn Alley: Monroe Alley to Washington Avenue (Mill in place, PA 2A leveling) Locust Street: W. Main Street to W. Maple Avenue (Speed Tables)

2. OWNER: Myerstown Borough, 101 South Railroad Street, Myerstown, PA 17067

B. This project shall include furnishing all labor, equipment, material, and appurtenances to complete all work in accordance with the Contract Documents. The work will include, but not necessarily be limited to, the following, as identically numbered in the UNIT PRICE

SCHEDULE:

1. Mobilization and Demobilization (1 LS)

2. Traffic Control (1 LS)

3. Milling – profile mill full width, up to 2" depth (3,025 SY)

4. Base Repair: Sawcut, excavate 10" depth. Remove material, place and compact 6" depth

PA 2A aggregate, place 4" depth, Superpave Asphalt Mixture Design Binder Course, 25mm PG 64S-22, 0.3 to 30 million ESALs (150 SY)

5. Paving Fabric (3,025 SY)

6. Superpave Asphalt Mixture Design Leveling Course, PG 64S-22, 0.3 to 3.0 Million

ESALs, 9.5 mm, SRL - L, complete in-place (150 TON)

7. Superpave Asphalt Mixture Design Wearing Course, PG 64S-22, 0.3 to 3.0 Million ESALs,

9.5 mm, 1.5" Depth, SRL - M, complete in-place (340 TON)

8. Thermoplastic White Crosswalk Line, 6" line width (70 LF)

9. Thermoplastic White Stop Bar – 24" width (18 LF)

10. Thermoplastic Speed Table Pavement Markings, 12" line width (420 LF)

11. Traffic Sign - W17-1 and W13-1P, complete in place (180 SF)

SUMMARY OF WORK 01100 - 2

RETTEW Project No.: 0858005690

12. Milling – mill in place existing bituminous surface, 2"-3" average depth, grade and compact, complete in place (2,750 SY)

13. PA 2A crushed aggregate leveling course, where directed, complete in place (30 TON)

C. CONTRACTS

1. Project will be constructed under a general construction contract..

1.3 MISCELLANEOUS PROVISIONS

A. Unless otherwise noted, all construction shall conform to Pennsylvania Department of Transportation (PennDOT) Publication 408, latest revision.

B. Traffic control shall be in accordance with PennDOT Publication 213.

C. The Contractor shall notify the Owner and Engineer five (5) days prior to the start of work.

D. Contractor responsible for coordinating with Contractor for Contract No. 2 for scheduling of surface treatment. Contractor responsible for maintaining milled surface for a period of 2 weeks from completion of milling and notification to Contractor for Contract No. 2.

E. Contractor to complete milling, grading, and compacting of roads included in Contract No. 2 by August 3, 2026.

F. Contractor shall construct four (4) speed tables. The approximate locations on S. Locust Street are depicted on the location map. Contractor responsible for milling notches and preparation of existing roadway to construct the speed tables.

G. Bids shall remain open for a period of 60 days from the date of Bid opening. Bids may not be withdrawn during this period. All Bidders must bid on all items listed on the Bid Form and on each bidding alternative. The successful Bidder shall be required to furnish performance and payment bonds in the amount of 100 percent of the Contract Price.

H. In addition to completing the online bid form, electronic files containing the required Bid Documents must be uploaded to the PennBID website. It is the Contractor’s responsibility to verify that the bid form data has been entered properly and the entire document with all the required paged has been uploaded properly. Bids without the required Bid Documents may be rejected as incomplete. These documents can be found in the Contract Documents and in the folder “Documents to be Submitted Electronically with Bid.” These must include:

1. Anti-Collusion Affidavit

2. Electronic Copy of Bid Security Bond

3. Proposal & Contract

4. Attachment 1A Special Provisions

5. Worker’s Compensation Affidavit

6. Public Works Verification Form

SUMMARY OF WORK 01100 - 3

RETTEW Project No.: 0858005690

PART 2 - PRODUCTS (Not used)

PART 3 - EXECUTION (Not used)

PART 4 - MEASUREMENT AND PAYMENT (Not used)

END OF SECTION 01100

MS-944 (7-09)

PROPOSAL & CONTRACT

(WHEN EXECUTED)

Instructions on Page 4

(THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS)

Contract No. 1

A. DEPOSIT OF PROPOSALS.

All electronic Bid proposals shall be submitted through PennBid for Letting of March 31, 2026.

DATE

Electronic Proposals will be received on or before 2:00 PM on the above Letting Date.

TIME

Bids will be made available at approximately 2:00 PM, on the above Letting Date.

TIME

Myerstown Borough

MUNICIPALITY (NAME & TYPE)

Michael McKenna

MANAGER

101 South Railroad Street

Myerstown, PA 17067

ADDRESS

PROPOSALS MUST BE SUBMITTED

ELECTRONICALLY VIA PENNBID

1. The contractor proposes to furnish and deliver all materials (including Form CS-4171, CERTIFICATE OF COMPLIANCE) and/or TR-465 DAILY BITUMINOUS MIXTURE CERTIFICATION) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and specifications on file at Myerstown Borough as well as the supplements and special requirements contained herein and/or attached hereto and current PennDOT Specifications (Publication 408), except (a) bidders need not be prequalified by PennDOT (Sec. 102.01), and (b) Volumetric testing of bituminous paving materials is not required (Sec.409).

2. If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed, or as otherwise provided in the special requirements, and will complete all work within See Attachment 1A calendar days. If all work is not completed on time, liquidated damages will be assessed at the rate as specified in the Special Provisions to Contract MS-944.

3. Accompanying this proposal is a certified check or bid bond in the amount of 10% of the Bid Amount made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirements of the proposal.

B. PROPOSAL OF :

NAME / ADDRESS OF CONTRACTOR

CONTRACTOR’S CERTIFICATION

It is hereby certified as follows:

1. The only person interested in this proposal as principal(s) is (are):

2. None of the above persons are employees of the municipality.

3. This proposal is made without collusion with any other person, firm or corporation.

4. All plans and specifications referred to above and the site of the work have been examined by the contractor. The contractor understands that the quantities indicated herein are approximate and are subject to change as may be required; and that all work is payable on the basis of the unit price listed on the Schedule of Prices (Attachment 1).

5. The contractor will comply with all requirements of the laws and implementing regulations of the Commonwealth of Pennsylvania and the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

6. The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof, and a payment bond conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work.

7. Bidder acknowledges that this bid is for a public works contract and bidder is therefore subject to the provisions, duties, obligations, and penalties of the Public Works Employment Verification Act, 43 P.S. 167.1-167.11, which is incorporated herein by reference.

CONTRACTOR

BY:: DATE:

TITLE:

(DATE)

WITNESSED OR ATTESTED BY:

DATE:

TITLE:

(SEAL)

TO BE EXECUTED ONLY IN THE EVENT THE ABOVE PROPOSAL IS ACCEPTED

ACCEPTED ON:

DATE

MYERSTOWN BOROUGH

MUNICIPALITY

BY:

BY: :

TITLE:

BY: :

TITLE:

ATTESTED BY: :

TITLE:

TITLE:

SEAL

ATTACHMENT 1

TO MS – 944 (PROPOSAL AND CONTRACT MS – 944)

County: Lebanon Municipality: Myerstown Borough Project

Number: 0858005690

T H

IS

P

O R

T

IO

N T

O B

E C

O M

P L

E T

E D

B

Y T

H E

M U

N

IC

IP

A

L

IT

Y

LOCATION OF WORK:

Railroad Street: Richland Avenue to Railroad Tracks Valentine Alley: W. Washington Ave. to W. Jefferson Ave.

Monroe Alley: N. Locust St. to S. Goodwill St.

Walborn Alley: Monroe Alley to Washington Ave.

Locust Street: W. Main Street to W. Maple Avenue

DESCRIPTION OF WORK:

The Contract work will include, but not necessarily be limited to, approximately 5,775 SY milling, 150 TON bituminous leveling course, 340 TON bituminous wearing course, and other work described in the contract.

ESCALATOR CLAUSE: (if adopted by Municipality.)

N/A

SCHEDULE OF PRICES

Item

1 No.

Approximate 2 Quantities

Unit

*Description

Unit Price

Total

All prices in accordance with PennBid Form

*DESCRIPTION: SUBTOTAL

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT AS

NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL FROM OTHER ATTACHMENTS

BID TOTAL FOR A NON OPTION/BASE BID

OPTION 1 OR ALTERNATIVE 1 BID TOTAL

(5-06) Contract No. 1

SPECIAL PROVISIONS TO CONTRACT MS-944 (Attachment 1-A)

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and subcontractors must comply with all of the following provisions that are marked with an “X”

Traffic Control and Safety Devices to be provided by the Contractor (Maintenance and Protection of Traffic to comply with current MUTCD, Publication 212 and Publication 213.)

Delivery tickets for all materials.

CS-4171 Certificate of Compliance and/or TR-465 Daily Bituminous Mixture Certification required for all materials.

Notify the Municipality five working days prior to start of project.

Work to be completed on or before October 1, 2026. After October 1, 2026 liquidated damages apply at the rate of $250 per calendar day.

Roadway to be power broomed by (contractor municipality ) prior to start of project.

Excess material to be removed by (contractor municipality ).

Municipality to inspect project.

Need Bill of Lading for each shipment of bituminous material per Section 702.1(c) of Specifications 408.

Tack Coat required per Section 460, or 409 for superpave, of Specifications 408 and is incidental to paving item unless noted otherwise.

Prime Coat require per Section 461 of Specifications 408.

Bituminous Seal on all abutting pavement and curbs required.

Saw cut or Milled Paving Notch required and incidental to paving item unless noted otherwise.

Scratch/Leveling Courses to be placed at the discretion of appointed inspector(s).

Full width pavement with one pass required.

Municipality reserves the right to limit work completed.

Taper pavement the last 3 feet to curb.

For FOB Source bids, hauling distance will determine selection of bid award.

Municipality reserves the right to procure material which best suits their requirements after all bids and items are reviewed.

Incidental Preparation and clean up required. (Project Construction Materials) The municipality reserves the right to make an award on the basis of the aggregate total for all like items on which quotations are received.

Provide design, which meets Specifications Form 408 to the municipality 5 days prior to start of work.

Contractor is responsible for defects that occur within one year of applications.

Contractor is required to review proposed project with Municipality’s Representative prior to bidding.

Oil samples required from each distributor truck by contractor (1) quart: A.M. & P. M. and witnessed by municipality and retained by municipality. (Oil samples must be placed in an approved type container that is compatible with oil sample.)

At least three random stone samples to be taken by contractor on project site witnessed by municipality and retained by municipality.

Complete all testing in accordance with Specification Form 408 Section 409 except for superpave volumetric testing.

Notice to Proceed will be the date of Contract acceptance.

Final Completion Certificate & Notice of Completion required.

Future award of Contract will be based on quality of work as determined by the municipality.

Contractor notify all residents of pending work to be performed.

My signature signifies that I have read and understand the above special provisions to this contract, and by being authorized by this company to act as their authorized representative, and on their behalf hereby agree to adhere to any and all of the provisions pertaining to this contract.

CONTRACTOR’S REPRESENTATIVE DATE MUNICIPALITY’S REPRESENTATIVE DATE

Myerstown Borough

COMPANY MUNICIPALITY

PENAL SUM FORM

EJCDC NO. 1910-28-C (1996 Edition) 00410-1

BID BOND

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

BID DUE DATE:

PROJECT (Brief Description Including Location):

BOND

BOND NUMBER:

DATE (Not later than Bid due date):

PENAL SUM:

(Words) (Figures)

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

BIDDER SURETY

(Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal

By: By:

Signature and Title Signature and Title

(Attach Power of Attorney)

Attest: Attest:

Signature and Title Signature and Title

Note: (1) Above addresses are to be used for giving required notice.

(2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable.

PENAL SUM FORM

EJCDC NO. 1910-28-C (1996 Edition) 00410-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1. OWNER accepts Bidder's Bid and Bidder

delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or

3.2. All Bids are rejected by OWNER, or

3.3. OWNER fails to issue a Notice of Award to

Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable.

Attachment 4

AFFIDAVIT RE:

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

STATE OF PENNSYLVANIA )

( ss:

COUNTY OF LEBANON )

being duly sworn according to law deposes and says that accepted the provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and insured liability thereunder in accordance with the terms of said Act with .

(SURETY COMPANY)

(TYPE OR PRINT) CONTRACTOR

By:

SIGNATURE

Sworn to and subscribed before me this day of A.D. 20 .

SIGNATURE: NOTARY PUBLIC

MY COMMISSION EXPIRES: (DATE)

D-7126 (7-09)

ANTI-COLLUSION AFFIDAVIT

County: Lebanon

Municipality: Myerstown Borough

Project Number: 0858005690

State of: Fed. Project No.: 2026 Roadway Project – Contract 1 – Paving

(if Applicable)

County of:

The undersigned deponent deposes and says that he is the of the

Company; that he is authorized to make this affidavit on behalf of said company in compliance with Section 102.06(e) of Department Specifications, Publication 408, as amended and that the said company has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(CONTRACTOR)

BY:

Sworn to and subscribed before me the undersigned Notary Public this day of , 20 .

NOTARY PUBLIC

My commission expires:

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

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

EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee.

PERFORMANCE BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party shall be considered plural where applicable.

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

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and

the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates

the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the

Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. 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:

5.1 Arrange for the Contractor, with the consent of the

Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction

Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified

contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for

completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for

which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the

Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 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 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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, successors, and assigns.

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

11. Any proceeding, legal or equitable, under this Bond may be instituted in the Court of Common Pleas of Lebanon County, Pennsylvania and shall be instituted within two years after a declaration of 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 periods of limitations 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 page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to 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. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amount payable

by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for 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 Construction Contract.

14.2 Construction Contract: The agreement between the

Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not

been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents that comprise

the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:

EJCDC C-615, Payment Bond

PAYMENT BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

1. The Contractor and 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 Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with the Contractor,

5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any undisputed amounts.

7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction 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 Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.

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

12. No suit or action shall be commenced by a Claimant under this Bond other than in the Court of Common Pleas of Lebanon County, Pennsylvania or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph

5.1.2 or 5.2, 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.

13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.

14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to 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. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

16. Definitions

16.1 Claim: A written statement by the Claimant including at a minimum:

1. The name of the Claimant;

2. The name of the person for whom the labor was done, or materials or equipment furnished;

3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract;

4. A brief description of the labor, materials, or equipment furnished;

5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;

6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim;

7. The total amount of previous payments received by the Claimant; and

8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim.

16.2 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 Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction 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.

16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.

16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.

17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

18. Modifications to this Bond are as follows:

NOTICE OF AWARD

Project No.: 0858005690

To: Date:

(CONTRACTOR)

Re: Myerstown Borough

2026 Roadway Project – Contract 1

- Paving

Bidder:

You are notified that your Bid dated for the above Contract has been considered. You are the apparent Successful Bidder and the OWNER intends to award a contract for the 2026 Roadway Project – Contract 1

- Paving.

The Contract Price of the project is ($ ).

You are required to provide the OWNER with performance and payment bonds (MS-944 Attachments 2 &

3) within 10 days after receipt of this Notice of Award by you.

If the required bonds and forms are not received, OWNER will be entitled to consider all your rights arising out of the acceptance of your Bid by OWNER as abandoned, including forfeiture of Bid Security, and to award Work covered by your Bid to another, or to re-advertise the Work or otherwise dispose thereof as OWNER may determine.

Please return an accepted copy of this Notice of Award together with required Contract Security (Bonds), Insurance Certificates, and other documentation (as may be required) to the attention of the undersigned.

OWNER will not enter into the Agreement until the required bonds and insurance are received, reviewed and approved.

ACCEPTANCE OF NOTICE

Receipt of this Notice of Award is hereby acknowledged this day of

By: For: Myerstown Borough

Title: By:

Michael Knouse, PE RETTEW Associates, Inc.

(CONTRACTOR) 5031 Richard Lane, Suite 111

NOTICE TO PROCEED

Project No.: 0858005690

To: Date:

Re: Myerstown Borough

2026 Roadway Project – Contract 1

- Paving

Contractor:

The Borough of Myerstown, hereinafter referred to as OWNER, and represented by the undersigned, received the executed Agreement, Performance Bond, Payment Bond, and Certificates of Insurance Coverage, and other documentation required and as listed in the Notice of Award, and found them to be in order. You are hereby notified to proceed with the Work on .

In accordance with the Contract, you will have until October 1, 2026, to complete the Work required under your Contract. Therefore, all Work shall be completed and ready for final inspection and payment on or before October 1, 2026.

Please return an accepted copy of this Notice to Proceed to the attention of the undersigned.

ACCEPTANCE OF NOTICE

Receipt of this Notice to Proceed is hereby acknowledged this day of

By: For: Myerstown Borough

Title: By:

Michael Knouse, PE RETTEW Associates, Inc.

(Contractor) 5031 Richard Lane, Suite 111

INSURANCE REQUIREMENTS

1. CONTRACTOR'S General Liability Insurance:

a. General Aggregate $1,000,000

b. Products – Completed Operations Aggregate $1,000,000

c. Personal and Advertising Injury $1,000,000

d. Each Occurrence (Bodily Injury and Property Damage) $500,000

e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverage’s where applicable.

f. Excess or Umbrella Liability

1. Annual Aggregate $1,000,000

2. Each Occurrence $1,000,000

2. Automobile Liability including Owned, Hired, and Non-Owned Vehicles.

a. Bodily Injury and Personal Injury:

Each Person $1,000,000 Each Accident $1,000,000

b. Property Damage:

Each Accident $ 500,000

c. Combined Single Limit of $1,000,000

3. The Contractual Liability coverage for not less than the following amounts:

a. Bodily Injury:

Each Occurrence $1,000,000 Each Accident $1,000,000 Annual Aggregate $2,000,000

b. Property Damage:

Each Occurrence $1,000,000 Each Accident $1,000,000 Annual Aggregate $2,000,000

4. The Owner and the Owner’s Consultants are to be included as additional insureds under the CONTRACTOR’S Liability Insurance.

APPLICATION FOR PAYMENT NO. ________

To: Myerstown Borough (OWNER) From: (CONTRACTOR) Contract:

Project: 2026 Roadway Project OWNER's Contract No. . ENGINEER's Project No. 0858005690 For Work accomplished through the date of: .

1. Original Contract Price: $_____________________

2. Net change by Change Orders and Written Amendments (+ or -): $_____________________

3. Current Contract Price (1 plus 2): $_____________________

4. Total completed and stored to date: $_____________________

5. Retainage (per Agreement):

_____% of completed Work: $____________________

_____% of stored material: $____________________

Total Retainage: $_____________________

6. Total completed and stored to date less retainage (4 minus 5): $_____________________

7. Less previous Application for Payments: $_____________________

8. DUE THIS APPLICATION (6 MINUS 7): $_____________________

Accompanying Documentation:

CONTRACTOR'S Certification:

The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR’s legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through _____ inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective.

Dated ____________________________

CONTRACTOR

By:

State of ______________________________ County of ____________________________ Subscribed and sworn to before me this _____ day of __________________, ________

Notary Public My Commission expires: _____________________

Payment of the above AMOUNT DUE THIS APPLICATION is recommended.

Dated ___________________________

ENGINEER

By:

EJCDC No. 1910-8-E (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute.

APPLICATION FOR PAYMENT

INSTRUCTIONS

A. GENERAL INFORMATION

The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor's Schedule of Values is finalized.