C1 WC2608 Standard Form of K_71-FA-8.2_Dec_2023.pdf

Contract for Construction 71-FA-8.2 Standard Form of Contract Contract No. WC2608 Page 1 of 5

STATE SYSTEM OF HIGHER EDUCATION

COMMONWEALTH OF PENNSYLVANIA

STANDARD FORM OF CONTRACT

FOR

CONSTRUCTION

BETWEEN THE SYSTEM AND THE CONTRACTOR

This Contract is made and entered into this ______ day of __________, 20_____, in ____________ County, Pennsylvania, by and between

West Chester University

201 Carter Drive, Suite 200 West Chester, Pennsylvania 19383 of the State System of Higher Education Commonwealth of Pennsylvania hereinafter called the "System" and

---Contractor's Name--- ---address--- ---address---a corporation/LP/LLP/LLC/partnership/etc.

organized in the state of ___________

Federal I.D. No. ___________, hereinafter called the "Contractor."

CONTRACT SUM AND DESCRIPTION

The Contractor agrees to perform the scope of work described in the Contract Documents for the sum of Total Base Bid No. 1 [---award amount, in both words and numbers---] and within the time specified in the section Contract Time below.

Contract No. WC2608.1

Base Bid(s) Awarded __________________________

Prime Contract General Construction

Project Name SWOPE Stormwater Basin Retrofit Project

University/Location Southeast corner of the intersection of S High St and E Campus Dr, West Chester, PA

UNIT PRICES

The following Unit Prices, submitted by the Contractor on the Bid Form for this Contract, are agreed upon:

UNIT PRICES

Estimated Unit Extended Item No. Description Quantity Unit Price Price

1 Mobilization/Demobilization 1 LS $ $_____________

2 Site Clearing/Demolition/Earthwork 1 LS $ $_____________

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3 24” Compost Filter Sock 400 LF $ $_____________

4 Rock Construction Entrance 1 EA $ $_____________

5 Rock Filter Outlet 1 EA $ $_____________

6 Erosion Control Matting 900 SY $ $____________

7 Amended Soils 2,500 CY $ $_____________

8 36” SLCPP Storm Pipe 14 LF $ $_____________

9 DW Endwall For 36” SLCPP 1 EA $ $_____________

10 R-4 Rip Rap 28 CY $ $_____________

11 Storm Manhole 1 EA $ $_____________

12 Type M Inlet Box 1 EA $ $_____________

13 4” Perforated Underdrain 227 LF $ $_____________

14 4” Underdrain 40 LF $ $_____________

15 Cleanouts for Underdrain 3 EA $ $_____________

16 Gate Valve for Underdrain 1 EA $ $_____________

17 Gabion Forebay 34 CY $ $_____________

EFFECTIVE DATE OF CONTRACT

The parties hereto, intending to be legally bound, hereby do agree that this Contract shall not be effective until executed by all necessary Commonwealth officials as provided by law.

CONTRACT TIME

The date for commencement of the Work is the date of the Notice to Proceed. On-site Work shall commence no later than seven (7) days after the date of the Notice to Proceed.

Contract No. WC2608 Page 3 of 5

The Contractor shall prosecute the Work diligently and substantially complete the Work (Substantial Completion) not later than 208 calendar days after Notice to Proceed.

LIQUIDATED DAMAGES

If the Contractor fails to complete the Work within the Contract Time specified in this Contract, including any and all approved extensions or adjustments thereto that are properly executed under the procedures outlined by the Contract, the Contractor shall pay liquidated damages, not as a penalty, to the System in the amount of $0 dollars for each calendar day of delay until the Work is substantially completed and accepted.

PREVAILING WAGE

This Project is subject to the Pennsylvania Prevailing Wage Act, 43 P.S. § 165-1 et seq, as amended. The Prevailing Minimum Wage Determination for this Project is 26-07767, Date: 8/25/2026, Classification:

Highway.

DESIGN PROFESSIONAL

The System's Design Professional for this project is:

RETTEW Associates, Inc., 101 West Elm Street, Suite 650 Conshohocken, PA 19428

CONSTRUCTION MANAGER

The System's Construction Manager for this project is:

John E. McGrath, Project Manager, West Chester University of Pennsylvania, 201 Carter Drive 310, West Chester, PA 19383

CONTRACTING OFFICER

Todd E. Murphy, Vice President for Finance and Administration, West Chester University of Pennsylvania, 201 Carter Drive, West Chester, PA 19383

NOTICE

Unless otherwise specifically identified by any provision of this Contract, a notice shall be deemed sufficient if given in writing and delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or delivered by a nationally-recognized express mail service, charges prepaid, receipt obtained, to the persons signing this contract and at the addresses captioned on Page 1 of this Standard Form of Contract, or to such other persons or addresses as are specified by similar notice.

COMMITMENTS TO SMALL DIVERSE BUSINESSES (SDB)

The Contractual obligations in the SDB Requirements Instructions, and the bid proposal of the Contractor, including the completed SDB Solicitation Form and accompanying documents regarding commitments to SDB, shall be considered as incorporated in and become contractual obligations under the terms and conditions of this Contract.

If requested by the System, the Contractor shall submit copies of any subcontracts and/or purchase orders

Contract No. WC2608 Page 4 of 5 which execute commitments made to SDB which support the Reasonable Effort Award Amount (REAA).

Subcontracts and/or purchase orders that are executed with SDB that support the REAA must continue throughout the life of the Contract and be completed at that level, or higher, unless agreed upon by the SDB. If the Contractor anticipates that the final subcontract and/or purchase order amounts will not be completed at the level of the commitment or higher, the Contractor shall notify the System.

The Contractor shall submit separately with each application for payment an accounting of how much each SDB supporting the REAA was paid as part of previous payments, and how much of the current payment is to go to each of those SDB.

LEADERSHIP IN ENERGY & ENVIRONMENTAL DESIGN (LEED) Not Applicable

CONTRACT DOCUMENTS

The terms, conditions, requirements, and considerations of this Contract are specified in the Contract Documents. The Contract Documents include this Standard Form of Contract plus the following:

Contract Bond consisting of 6 pages

General Conditions consisting of 35 pages

Insurance Rider consisting of 3 pages

Prevailing Wage Serial Number SN 26-07767 consisting of 7 pages

Weekly Payroll Certification Form llc-25 consisting of 2 pages

PA Public Works Employment Verification Act Notice consisting of 1 page

PA Public Works Employment Verification Form consisting of 1 page

Specifications and Drawings (incorporated by reference) Table of Contents attached consisting of 2 pages

The following are also incorporated as part of the Contract by reference:

Contractor’s completed Bid Form, dated _____________, submitted for this Contract

Contractor's completed SDB Solicitation Form and associated commitments to SDB subcontractors/suppliers submitted with the Contractor’s completed Bid Form for this Contract

Addenda: ____, dated ___________________

____, dated ___________________

____, dated ___________________

________[---as needed---]________

Any Change Orders and Amendments properly executed after the Effective Date of this Contract.

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IN WITNESS WHEREOF, this Standard Form of Contract has been executed and delivered as of the date set forth in the caption hereof;

FOR THE CONTRACTOR

FOR THE COMMONWEALTH

If the Contractor Is an Individual, Proprietorship, or Partnership

West Chester University of Pennsylvania, State System of Higher Education

Individual or Partner Date printed name

Todd E. Murphy Date Vice President for Finance and Administration Contracting Officer

Alison N. Bilohlavek Date Senior Associate Vice President for Finance and Business Services Fiscal Officer

If the Contractor is a Corporation, LP, LLP, or LLC

APPROVED AS TO FORM AND LEGALITY

President or Vice President Date

University Legal Counsel Date State System of Higher Education

Secretary or Treasurer Date

Office of General Counsel Date Commonwealth of Pennsylvania

Office of Attorney General Date Commonwealth of Pennsylvania

• If the Contractor is an Individual, Proprietorship, or Partnership, one signature is required.

• If the Contractor is a Corporation, LP, LLP, or LLC, two signatures are required. One must be the President or Vice

President. The second must be the Secretary or Treasurer.

• The Contractor can delegate signatory authority to other individuals by means of a certified Board Resolution presented with this Standard Form of Contract.

• For purposes of this Agreement, a copy of a party’s original signature shall be considered to be an original signature; and as such, shall be sufficient to bind such party.