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CONTRACT DOCUMENTS

FOR

COMMERCE STREET IMPROVEMENT PROJECT

IN

NEW OXFORD BOROUGH

ADAMS COUNTY

PENNSYLVANIA

March 2026

Project No. 0321004083

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

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE 1-2

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 02630 – DRAINAGE

SECTION 02920 – SEEDING AND RESTORATION

SECTION 02930 – EROSION AND SEDIMENTATION CONTROL

SUPPORTING DOCUMENTS

PREVAILING WAGE RATES

GRANT CONTRACT

CONSTRUCTION PLAN

INVITATION TO BID

OWNER: New Oxford Borough 124 North Peters Street New Oxford, PA 17350

ENGINEER: RETTEW Associates, Inc.

5031 Richard Lane, Suite 111 Mechanicsburg, PA 17055 800-738-8395

New Oxford Borough will receive bids for the Commerce Street Improvement Project. Bids may be submitted and updated online until Thursday, April 23, 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 work will include, but not necessarily be limited to, 2,750 SY of milling, 700 tons binder/leveling course, 260 tons wearing course, 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, Tuesday, April 21, 2026, regarding the project will not be acknowledged.

This Contract is subject to the following: Pennsylvanian Prevailing Wage Act, 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; requirement of a noncollusion affidavit; the non-discrimination in Employment/Contract Compliance Regulations Conditions; and the Public Works Employment Verification Act.

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

Dorothy M. Robinson Borough Council President

New Oxford Borough/Commerce Street Improvement Project 03/26

SUMMARY OF WORK 01100 - 1

RETTEW Project No.: 0321004083

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: Project consists of milling, leveling/binder course, wearing course, culvert replacement and other work specified in the contract.

1. Project location: Commerce Street – Hanover Street to railroad tracks

2. OWNER: New Oxford Borough, 124 North Peters Street, New Oxford, PA 17350

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. E&S Controls (1 LS)

4. Milling - profile mill full width, up to 3" depth (2,750 SY)

5. 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 (260 TON)

6. Superpave Asphalt Mixture Design Leveling Course, 19 mm, PG 64S-22, 0.3 to 30 million

ESALs, complete in-place (270 TON)

7. Superpave Asphalt Mixture Design Binder Course, 19 mm, PG 64S-22, 0.3 to 30 million

ESALs, 2.5” depth, complete in-place (430 TON)

8. Full depth base repair including sawcut pavement, excavate 10" depth, remove material, place 6" depth 2A stone, and 4" depth Superpave Asphalt Mixture Design Base Course, 25mm, PG 64S-22, 0.3 to 30 million ESALs, complete in-place (600 SY)

9. 2A stone shoulder, 6" depth, complete in-place (50 TON)

10. 14"x23" elliptical RCP, including removal of existing pipes, complete in-place (112 LF)

11. Seeding and restoration, complete in-place (1 LS)

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 at all times and Manual on Uniform Traffic Control Devices (MUTCD), latest revision. The street cannot be closed. Access

SUMMARY OF WORK 01100 - 2

RETTEW Project No.: 0321004083 for vehicles and tractor trailers must be provided at all times between Hanover Street and the business driveways along Commerce Street.

C. The Contractor shall notify the Owner, Engineer, and affected businesses five (5) days prior to the 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 Employment Verification Form

7. Non-Discrimination Sexual Harassment Clause

F. Regulatory and Funding Agency Requirements:

1. This project is financed in part by a grant from the Commonwealth of Pennsylvania, Commonwealth Financing Authority.

2. The Commonwealth Financing Authority contract requirements (Article V – Compliance with Applicable Statutes and Regulations) are attached and incorporated herein.

3. Successful bidder will be required to provide written certification of compliance with the

State Contractor Responsibility Program.

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

H. CONTRACTOR’S use of Premises:

1. Coordinate use of premises with OWNER and ENGINEER.

2. CONTRACTOR shall assume full responsibility for security of all their and their subcontractors’ materials and equipment stored on the site.

3. CONTRACTOR shall move any stored items that interfere with operations of others if directed by the OWNER or ENGINEER.

4. CONTRACTOR shall obtain and pay for use of additional storage or work areas if needed to perform the Work.

I. Examination of Contract Documents and Site:

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

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

SUMMARY OF WORK 01100 - 3

RETTEW Project No.: 0321004083

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 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.

SUMMARY OF WORK 01100 - 4

RETTEW Project No.: 0321004083

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 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

SUMMARY OF WORK 01100 - 5

RETTEW Project No.: 0321004083

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.

SUMMARY OF WORK 01100 - 6

RETTEW Project No.: 0321004083

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)

A. DEPOSIT OF PROPOSALS.

All electronic Bid proposals shall be submitted through PennBid for Letting of April 23, 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

New Oxford Borough

MUNICIPALITY (NAME & TYPE)

Dorothy M. Robinson

COUNCIL PRESIDENT

124 North Peters Street

New Oxford, PA 17350

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 New Oxford 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

NEW OXFORD BOROUGH

MUNICIPALITY

BY:

BY: :

TITLE:

BY: :

TITLE:

ATTESTED BY: :

TITLE:

TITLE:

SEAL

ATTACHMENT 1

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

County: Adams Municipality: New Oxford Borough Project

Number:

0321004083

T H

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LOCATION OF WORK:

Commerce Street: Hanover Street to railroad tracks

DESCRIPTION OF WORK:

Project consists of milling, binder course, wearing course, culvert replacement and other work specified 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)

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

New Oxford 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 ADAMS)

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: Adams

Municipality: New Oxford Borough

Project Number: 0321004083

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:

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

NONDISCRIMINATION/SEXUAL HARASSMENT

a. Representations. The Grantee represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the agreement. The Grantee shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

b. Nondiscrimination/Sexual Harassment Obligations. The Grantee shall not:

i. in any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontract, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (“PHRA”) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

ii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

iii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this agreement or any subgrant agreement, contract, or subcontract.

iv. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor, or supplier who is qualified to perform the work to which this agreement relates.

v. in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee

Relations Act, Pennsylvania Labor Relations Act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Acts’ enforcement and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

c. Establishment of Grantee Policy. The Grantee shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these

Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined. For the entire period of this agreement, the Grantee shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near where the grant activities are performed; or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

d. Notification of Violations. The Grantee’s obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the agreement. Accordingly, the

Grantee shall notify the Commonwealth if, at any time during the term of this agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

e. Cancellation or Termination of Agreement. The Commonwealth may cancel or terminate this agreement and all money due or to become due under this agreement may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions.

In addition, the granting agency may proceed with debarment or suspension and may place the

Grantee in the Contractor Responsibility File.

f. Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these Nondiscrimination/Sexual Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement. The incorporation of these provisions in the Grantor’s subgrants, contracts, or subcontracts does not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by those provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor’s violation of these provisions, the Grantee shall use its best efforts to ensure the subgrantee’s, contractor’s, or subcontractor’s compliance with these provisions.

Signature

Print

Date

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

HERE

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

Project No.: 0321004083

To: Date:

(CONTRACTOR)

Re: New Oxford Borough Commerce Street

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 Commerce Street Improvement Project.

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: New Oxford Borough

Title: By:

Jeremy Smith, PE RETTEW Associates, Inc.

(CONTRACTOR) 5031 Richard Lane, Suite 111

NOTICE TO PROCEED

Project No.: 0321004083

To: Date:

Re: New Oxford Borough Commerce Street

Contractor:

The Borough of New Oxford, 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: New Oxford Borough

Title: By:

Jeremy Smith, 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, the Owner’s Consultants, and the Commonwealth Financing Authority are to be included as additional insureds under the CONTRACTOR’S Liability Insurance.

APPLICATION FOR PAYMENT NO. ________

To: New Oxford Borough (OWNER) From: (CONTRACTOR) Contract:

Project:

OWNER's Contract No. . ENGINEER's Project No. 0321004083 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…