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CONTRACT DOCUMENTS

FOR

2026 STREET REHAB PROJECT

IN

WORMLEYSBURG BOROUGH

CUMBERLAND COUNTY

PENNSYLVANIA

June 2026

Project No. 0176405901

Prepared by:

RETTEW Associates, Inc.

5031 Richard Lane, Suite 111

Mechanicsburg, PA 17055

(800) 738-8395

TABLE OF CONTENTS

ITEM PAGE

INVITATION TO BIDDERS 1

SECTION 01100 – SUMMARY OF WORK 1-5

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

EMPLOYMENT VERIFICATION 1

PERFORMANCE BOND 1

PAYMENT BOND 1

NOTICE OF AWARD 1

NOTICE TO PROCEED 1

INSURANCE REQUIREMENTS 1

APPLICATION FOR PAYMENT 1-3

CONTRACTOR SUBMITTAL INSTRUCTIONS 1-2

TECHNICAL SPECIFICATIONS

SPECIAL PROVISIONS

SECTION 01015 – GENERAL INSTRUCTIONS

SECTION 02201 – TRENCH EXCAVATION AND BACKFILL

SECTION 02511 – ROADWAY PAVING

SECTION 02521 – CURB AND SIDEWALK

SECTION 02630 – STORM DRAINAGE

SECTION 02920 – SEEDING AND RESTORATION

SUPPORTING DOCUMENTS

PREVAILING WAGE RATES

PA811 DESIGN ONE CALL TICKET INFORMATION

STORM SEWER CCTV SUMMARY REPORTS

STORM SEWER CCTV MAPS

WORMLEYSBURG BOROUGH UTILITY MAPPING (SANITARY & STORM)

ONE CALL TICKET RESPONSE MAPPING

INVITATION TO BID

OWNER: Wormleysburg Borough 20 Market Street Wormleysburg, PA 17043

ENGINEER: RETTEW Associates, Inc.

5031 Richard Lane, Suite 111

800-738-8395

Wormleysburg Borough will receive bids for the 2026 Street Rehab Project. Bids may be submitted and updated online until Wednesday, July 8, 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 work will include, but not necessarily be limited to, milling, 330 tons wearing/leveling course, drainage pipe replacement, curb ramp replacement, and other work specified in the contract.

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 4:00 PM, Monday, July 6, 2026 regarding the project will not be acknowledged.

This contract is subject to the following: the Pennsylvania Prevailing Wage Act conditions; 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 Conditions; the Non-discrimination in Employment/Contract Compliance Regulations Conditions; requirement of a Non-collusion affidavit; and the Public Works Employment Verification Act.

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

Lori Schmidt Borough Manager

Wormleysburg Borough/2026 Street Rehab Project 06/26

SUMMARY OF WORK 01100 - 1

RETTEW Project No.:0176405901

SECTION 01100 - SUMMARY OF WORK

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

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

1.2 PROJECT DESCRIPTION

A. Project Identification: Project consists of milling, leveling course, wearing course, drainage pipe replacement, curb ramp replacement, and other work specified in the contract.

1. Project location: Thomas Road from Rupley to Foxcroft; and Porsha Terrace.

2. OWNER: Wormleysburg Borough, 20 Market Street, Wormleysburg, PA 17043.

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:

BASE BID

1. Mobilization and demobilization including bonds and insurances (1 LS)

2. Work zone traffic control (1 LS)

3. Milling - full width, up to 2" depth (2,160 SY)

4. Superpave Asphalt Mixture Design Wearing Course, 9.5mm, PG 64S-22, 0.3 to 3 million

ESALs, SRL-L, 1.5" depth, complete in-place (220 TON)

5. Superpave Asphalt Mixture Design Leveling Course, 9.5 mm, PG 64S-22, 0.3 to 3 million

ESALs, SRL - L, complete in-place (110 TON)

6. Paving Fabric, complete in-place (2,160 SY)

7. Full depth base repair including sawcut pavement, excavate 10" depth, remove material, place 6" depth 2A stone, and 4" depth Superpave Asphalt Mixture Design Binder Course, 25mm, PG 64S-22, 0.3 to 30 million ESALs, complete in-place (100 SY)

8. Type M inlet top, including removal of existing inlet top, complete in-place (3 EA)

9. 12" SLCPP, including removal of existing pipe, complete in-place (47 LF)

10. 15" SLCPP, including removal of existing pipe, complete in-place (310 LF)

11. Concrete curb, including removal of existing curb, complete in place (130 LF)

12. Concrete sidewalk, including removal of existing sidewalk, complete in place (380 SF)

13. Detectable warning surface (DWS), complete in place (40 SF)

14. Seeding and Restoration, complete in place (1 LS)

C. CONTRACTS

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

SUMMARY OF WORK 01100 - 2

RETTEW Project No.:0176405901

1.3 MISCELLANEOUS PROVISIONS

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

B. Traffic Control shall be in accordance with PennDOT Publication 213 at all times.

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

D. 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.

E. 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

F. A pre-construction meeting shall be held between the Contractor, Engineer, and Owner prior to the start of any work.

G. The Owner reserves the right to award any, all, or no alternates.

H. Base repair areas for the Base bid will be identified after milling has been completed.

I. Connection of drainage pipes to existing inlets shall be incidental to pipe installation.

J. Pavement restoration up to and including 6" depth 2A stone and 4" depth Superpave Asphalt Mixture Design Binder Course, 25mm, PG 64S-22, 0.3 to 30 million ESALs shall be incidental to pipe and curb installation.

K. Contractor shall be responsible for ADA curb ramp design and stakeout, as may be required.

Contractor shall be responsible for completing PennDOT form CS-4401.

L. Location of existing utilities in accordance with Act 187 shall be the responsibility of the contractor, design 1-call was incorporated. The Contractor is responsible for compliance with all applicable PA 1-Call requirements. Unit prices bid shall include all time and material to facilitate construction around existing utilities and verification of location/depth prior to excavation through vacuum/hydro excavation.

M. Examination of Contract Documents and Site:

1. It is the responsibility of each Bidder before submitting a Bid to:

RETTEW Project No.:0176405901

a. examine and carefully study the Bidding Documents, including but not limited to any addenda;

b. visit the site and become familiar with and be satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work;

c. consider all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the Work;

d. correlate the information known to Contractor, information and observations obtained from visits to the site, reports, and drawings identified in the Bidding Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; and

e. promptly notify the OWNER of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Bidding Documents.

2. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to the OWNER by the owners of such Underground Facilities or others, and the OWNER does not assume responsibility for the accuracy or completeness thereof.

3. Before submitting a Bid, each Bidder shall be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Bidding Documents.

1.4 ADMINISTRATION OF BIDS

A. Bid Security. Each Bid must be accompanied by a Bid security made payable to the OWNER in an amount of ten percent (10%) of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached) issued by a qualified surety. All instruments of Bid security shall be valid and remain in effect for at least one hundred twenty (120) days from the date of the bid opening. Substitute Bid Bond forms are not acceptable.

The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished acceptable Contract bonds and insurance certificate, whereupon the Bid security will be returned. If the Successful Bidder fails to timely execute and deliver the Agreement and furnish acceptable Contract bonds and insurance certificate, the OWNER may annul the Notice of Award and the full amount of the Bid security of that Bidder will be forfeited.

The OWNER will return the Bid security and financial information, if any, of all Bidders, except the three apparent lowest responsible, responsive Bidders as determined by the OWNER upon evaluation, within thirty (30) days after the date of Bid opening; and upon execution of the Agreement and furnishing of acceptable Contract bonds and insurance certificate by the Successful Bidder, the remaining Bid securities and financial information, if any, of each of the three lowest Bidders will also be returned.

B. Qualification of Bidders. Upon the OWNER’s request, a Bidder may be required to provide the Borough with at least three (3) references for similar work or product with applicable contact

RETTEW Project No.:0176405901 information within five (5) calendar days after the Bid opening date. These references shall verify that the Bidder has successfully delivered or performed similar projects or commodities.

Submission of financial information is not required with the Bid, however, the OWNER reserves the right to request such information within five (5) calendar days after the Bid opening date.

Each Bid must contain evidence of Bidder’s qualification to do business in the Commonwealth of Pennsylvania, or covenant to obtain such qualification prior to and as a condition of the award of the Contract.

No contract will be awarded to, any person who is in arrears with the OWNER upon debt or contract, or who is in default as surety or otherwise, upon any obligation to said OWNER or whose work has heretofore proved unsatisfactory or dilatory.

Bidder certifies to the best of its knowledge and belief that within the last five years it has not:

1. Been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;

1. Been suspended, debarred, or otherwise disqualified from entering into any contract with any governmental agency;

2. Had any business license or professional license suspended or revoked;

3. Had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation, or anti-trust; and

4. Been, and is not currently, the subject of a criminal investigation by any federal, state, or local prosecuting or investigative agency and/or civil anti-trust investigation by any federal, state, or local prosecuting or investigative agency.

Bidder certifies for itself and any anticipated subcontractors that neither are under suspension or debarment by the Commonwealth of Pennsylvania or any governmental entity, instrumentality, or OWNER and, if Bidder cannot so certify, then it agrees to submit, along with its Bid, a written explanation of why such certification cannot be made. Bidder also certifies that as of the date of its Bid it has no tax liabilities or other Commonwealth obligations, or has filed a timely administrative or judicial appeal if such liabilities or obligations exist, or is subject to a duly approved deferred payment plan if such liabilities exist.

C. Modification and Withdrawal of Bids. While Bidders may make comments to clarify their bid, Bidders cannot change, modify, delete, alter, amend or make additions to the wording to any of the Bidding Documents, including but not limited to the Agreement. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

After the Bid opening, Bidder may withdraw its Bid only by complying with applicable Federal, State, or local laws and regulations. Unless prohibited by such applicable laws and regulations, or if there are no applicable laws and regulations, Bidder shall forfeit the entire amount of Bid security upon withdrawal of its Bid.

After the Bid opening, Bidder may withdraw its Bid, without forfeiture of Bid security, if Bidder submits credible evidence that there is an error in its Bid and such error was a clerical mistake as opposed to a judgment mistake and was due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of the Work; provided: (1) notice of claim of the right to withdraw Bid is made in writing to the OWNER within two business days after opening of Bids; and (2) the withdrawal of the Bid will not result in the awarding of the Contract on

RETTEW Project No.:0176405901 another Bid of the same Bidder, Bidder's partner, or a corporation or business venture owned by Bidder or in which Bidder has a substantial interest. A Bidder which is permitted to withdraw a Bid shall not supply any products or labor to, or perform any subcontract or other work for, any entity awarded a Contract or subcontract for performance of the Work for which the withdrawn Bid was submitted.

D. Bids to Remain Subject to Acceptance. Bids shall remain open for a period of sixty (60) days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds or notes, or the award of a grant or grants, in which event the Bids shall remain open for a period of one hundred twenty (120) days from the date of Bid opening. The OWNER will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty (30)-day extensions of the date for the award may be made by the mutual written consent of the OWNER and the apparent Successful Bidder.

E. Award of Contract. The OWNER reserves the right, without limitation, to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder, if the OWNER believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the OWNER. The OWNER also reserves the right to waive all irregularities or informalities not involving price, time or changes in the Work and to accept any Bid which it may deem to be for or in the best interest of the

OWNER.

The OWNER will correct discrepancies in Bidder's mathematical totals. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

In evaluating Bids, the OWNER may conduct such investigations as the OWNER deems necessary or desirable to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the OWNER’s satisfaction within the prescribed time. The OWNER reserves the right to interview Bidders.

Bids may be taken under advisement and the award of contract, if awarded, will be made within sixty (60) days after the date of the opening of the Bids, or otherwise provided by law. The OWNER reserves the right to formally accept a Bid and award a Contract by public announcement at a regular meeting of the OWNER.

If the Contract is to be awarded, the OWNER will give the apparent Successful Bidder a Notice of Award. Failure of the Successful Bidder to timely return all executed documents for the project may result in the OWNER withdrawing the Notice of Award and forfeiture of the full amount of bid security.

RETTEW Project No.:0176405901

PART 2 - PRODUCTS (Not used)

PART 3 - EXECUTION (Not used)

PART 4 - MEASUREMENT AND PAYMENT (Not used)

END OF SECTION 01100

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.MS-944 (7-09)

PROPOSAL & CONTRACT

(WHEN EXECUTED)

Instructions on Page 4

(THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS)

A. DEPOSIT OF PROPOSALS.

All electronic Bid proposals shall be submitted through PennBid for Letting of July 8, 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

Wormleysburg Borough

MUNICIPALITY (NAME & TYPE)

Lori Schmidt

MANAGER

20 Market Street

Wormleysburg, PA 17043

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 Wormleysburg 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 on or before October 31, 2026. 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).

-2-

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, in accordance with the Public Works Contractors’ Bond Law of 1967; and an affidavit accepting the provisions of the Workmen’s Compensation Act of 1915, as amended.

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:

TITLE: (SEAL)

WITNESSED OR ATTESTED BY::

TITLE: (SEAL)

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

ACCEPTED ON:

DATE

WORMLEYSBURG BOROUGH

MUNICIPALITY

BY:

BY: :

TITLE:

BY:

TITLE:

ATTESTED BY:

TITLE:

TITLE:

SEAL

ATTACHMENT 1

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

County: Cumberland Municipality: Wormleysburg Borough Project Number: 0176405901

T H

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LOCATION OF WORK:

Thomas Road from Rupley to Foxcroft; and Porsha Terrace

DESCRIPTION OF WORK:

Project consists of milling, leveling course, wearing course, drainage pipe replacement, curb ramp replacement, and other work specified in the contract.

ESCALATOR CLAUSE: (if adopted by Municipality.)

N/A

BASE BID

SCHEDULE OF PRICES

Item 1 No.

Approximate 2 Quantities

Unit

*Description

Unit Price

Total

ALL ITEMS AND PRICES IN

ACCORDANCE WITH PENNBID ONLINE

FORM

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.

SUBTOTAL

TOTAL AMOUNT OF BID

(5-06) (Attachment 1-A)

SPECIAL PROVISIONS TO CONTRACT MS-944

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 31, 2026. After October 31, 2026 liquidated damages apply at the rate of $500.00 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

Wormleysburg 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

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AFFIDAVIT RE:

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

STATE OF )

( ss:

COUNTY OF )

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: Cumberland

Municipality: Wormleysburg Borough

Project Number: 0176405901

State of: Fed. Project No.:

(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:

Street Address 2

City State Zip Code

Doing Business As:

(if different from Legal Name)

Commonwealth of Pennsylvania Public Works Employment Verification Form

Complete and return the form to the contracting Public Body prior to the award of the contract.

Company Legal Name: ___________________________________________________________

Mailing Address: ______________________________________________________

Check one: Contractor Subcontractor

Contracting Public Body: _________________________________________________________

Contract/Project Number: ________________________________________________________

Project Description: _____________________________________________________________

Project Location: _______________________________________________________________

Date Enrolled in E-Verify (MM/DD/YYYY): ___________________________________________ As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of today’s 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 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 Date of Signature

Printed Name: _________________________________________________________________

Phone Number: ______________________ Email: ____________________________________

Street Address 1

MS-944S (7-09)

Attachment 2

PERFORMANCE BOND

(With Corporate Surety)

KNOW ALL MEN BY THESE PRESENTS, That we, (NAME AND ADDRESS OF CONTRACTOR) as Principal and

(SURETY COMPANY)

a corporation incorporated under the laws of the State of as Surety

(NAME OF STATE)

are held and firmly bound unto in the full and just sum of

(NAME OF MUNICIPALITY)

( ) dollars lawful money of the United States of America, to be paid to the above Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a Contract with the above Municipality, bearing even date herewith, for the undertaking of certain obligations as therein set forth.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal, as Contractor, shall in all respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and shall well and truly, and in a manner satisfactory to the municipality fulfill all obligations as therein set forth, then this Obligation shall be void, but otherwise the same shall be and remain in full force, virtue and effect.

It is further provided that any alteration which may be made in the terms of the contractor or its specifications with the express approval of the Municipality or the Principal to the other, shall not in any way release the Principal and the Surety or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alteration or forbearance being hereby waived.

IN WITNESS WHEREOF, the said Principal and Surety have duly executed this Bond under Seal, pursuant to due and legal action authorizing the same to be done on

(DATE OF BOND)

Attest/Witness: CONTRACTOR

BY

TITLE: TITLE:

Attest/Witness: SURETY COMPANY

TITLE: TITLE:

PLACE

SEAL

HERE

PLACE

MS-944S Attachment 3

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL and a corporation incorporated under the laws of the State of as SURETY, are held and firmly bound unto the , in the full and just sum of

($ ) dollars, lawful money of the United States of America, to be paid to the said or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above Municipality, hereinafter called Obligee, bearing even date herewith, for the improvement of a certain section of highway or bridge in said Municipality consisting of:

for approximately the sum of ($ ) dollars.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden PRINCIPAL shall and will promptly pay or cause to be paid in full all sums of money which may be due by contract or otherwise to any individual, firm, partnership, association or corporation, for all material furnished or labor supplied or performed in the prosecution of the work, whether or not the said material or labor entered into and became component parts of the work and for rental of the equipment used and services rendered by public utilities in, or in connection with the prosecution of such work, then this obligation to be void, otherwise to remain in full force and effect.

The PRINCIPAL and SURETY, hereby, jointly and severally, agree with the Obligee herein that any individual firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any public utility which has not been paid in full therefore, may sue in assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final for such sum or sums as may be justly due him, them or it, and have execution thereon. Provided, however, that the Obligee shall not be liable for the payment of any costs or expenses of such suit.

RECOVERY by any individual, firm, partnership, association or corporation hereunder shall be subject to the provisions of the “Public Works Contractors’ Bond Law of 1967”, Act No. 385, approved December 20, 1967, PL 869, which Act shall be incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited.

It is further provided that any alterations which may be made in the terms of the contract or in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving by the Obligee of any extension of time for the performance of the contract or any other forbearance on the part of either the Obligee or the Principal to the other, shall not in any way release the PRINCIPAL and the SURETY or SURETIES of any such alteration, extension of forbearance being hereby waived.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal this day of , 20

WITNESS:

CONTRACTOR

BY:

TITLE: TITLE:

WITNESS:

SURETY COMPANY

TITLE: TITLE:

PLACE

SEAL

HERE

PLACE

HERE

NOTICE OF AWARD 1

RETTEW Project No.: 0114306878

NOTICE OF AWARD

Project No.: 0176405901

To: Date:

(CONTRACTOR)

Re: Wormleysburg Borough

2026 Street Rehab Project

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 the .

The Contract Price of the total project is ($ ).

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

3) within 15 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, and CONTRACTOR has properly executed the Agreement and delivered it to OWNER.

ACCEPTANCE OF NOTICE

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

By: For: Wormleysburg Borough

Title: By:

Jeremy Smith RETTEW Associates, Inc.

(Contractor) 5031 Richard Lane, Suite 111

NOTICE TO PROCEED 1

RETTEW Project No.: 0176405901

NOTICE TO PROCEED

Project No.: 0176405901

To: Date:

Re: Wormleysburg Borough

2026 Street Rehab Project

Contractor:

The Borough of Wormleysburg, 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 31, 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 31, 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: Wormleysburg Borough

Title: By:

Jeremy Smith 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: (OWNER) From: (CONTRACTOR) Contract:

Project:

OWNER's Contract No. . ENGINEER's Project No. 0176405901 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. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor.

B. COMPLETING THE FORM

The Schedule of Values, submitted and approved as provided in paragraphs 2.05.B.3 and 2.07 of the General Conditions, should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit.

All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments.

The form is suitable for use in the Final Application for Payment as well as for Progress Payments;

however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form.

C. LEGAL REVIEW

All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner.

Application No._____ Date:_____________________

ITEM UNIT

PRICE

ESTIMATED

QUANTITY

SCHEDULE

OF VALUES

AMOUNT

QUANTITY

COMPLETED

AMOUNT

MATERIAL

STORED

AMOUNT

COMPLETED

AND STORED

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

TOTAL $ $ $ $

Note: Total Schedule of Values Amount should equal the current Contract Price.

Submittal Instructions for

Public Works Projects

A. For the purposes of this procedure, the term Submittal as used herein includes shop drawings, samples, manufacturer’s product data in the forms of descriptive literature, specifications, and published detail drawings, photographic documentation (photos/videos) and also Contractor prepared drawings, certified test reports or reports and such other certificates required by the plans, contract documents, any appropriate or referenced standard specifications and applicable Federal, State and local statutes.

B. The contractor shall prepare a Submittal Transmittal form on their letterhead. Please see the attached sample. All Submittals need to be listed and submitted using this form.

C. The Contractor shall review the plans, contract documents, referenced standard specifications and applicable Federal, State and local statutes to determine the Submittals to be provided.

D. The Contractor shall inform the municipality, in writing, of any design changes deviations or substitutions contained within the Submittal. Design changes, deviations or substitutions shall not be accepted until the municipality has given written approval to the specific design change, deviation or substitution as a prior change in the work.

E. A separate transmittal form is required for each group of submittals.

F. Each transmittal shall be numbered in sequence. Resubmittals are to have original number with an alphabetic suffix (example 1A).

G. Where required, the Contractor shall reference the specification (by section number) or plan detail (by sheet number and detail identification) for which the Submittal is provided.

H. Submittals that are not certified by the Contractor in accordance with this document will be returned to the Contractor and will not be reviewed by the municipality.

I. Submittals marked as “Reviewed” by the municipality are not to be resubmitted and are deemed accepted.