ADVERTISEMENT

INSTRUCTION TO BIDDERS

FORM OF BID

FORM OF GUARANTY

GENERAL CONDITIONS

SPECIAL CONDITIONS

CONSTRUCTION SPECIFICATIONS

FORM OF AGREEMENT

CONTRACT BOND

LIST OF CONTRACT DRAWINGS

OTHER CONTRACT DOCUMENTS

THE TOWNSHIP OF UPPER DARBY

DELAWARE COUNTY, PENNSYLVANIA

2026 RESURFACING OF VARIOUS STREETS IN UPPER DARBY TOWNSHP

March 2026

PENNONI, TOWNSHIP ENGINEER

CONSULTING ENGINEERS

KING OF PRUSSIA, PA 19406

PAGE

All documents prepared by Pennoni Associates are instruments of service in respect of the project. They are not intended or represented to be suitable for reuse by the Townshipor others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Pennoni Associates will be at the Township's sole risk and without liability or legal exposure to Pennoni Associates; and the Townshipshall indemnify, and hold harmless Pennoni Associates from all claims, damages, losses and expenses arising out of or resulting therefrom.

ii

TABLE OF CONTENTS NO.

A - ADVERTISEMENT A-1

B - INSTRUCTIONS TO BIDDERS B-1

C - FORM OF BID C-1

D - FORM OF GUARANTY D-1

Contractors Responsibility Certification

Experience Questionnaire

E - GENERAL CONDITIONS

1. Definitions E-1

2. Other Contracts E-2

3. Sub-Contracts E-2

4. Mutual Responsibility of Contractors E-2

5. Fitting and Coordination of Work E-2

6. Superintendence by Contractors E-2

7. Permits, Licenses and Taxes E-3

8. Provisions Required by Law E-3

9. Protection of Work and Property E-4

10. Temporary Provision for Public Travel E-4

11. Shop Drawings E-4

12. Termination; Delays; and Liquidated Damages E-5

13. Inconsistent Specifications and Drawings E-6

14. Use of Premises E-6

15. Possession Prior to Completion E-6

16. Changes in the Work E-6

17. Claims for Extra cost E-8

18. Disputes E-8

19. Materials and Workmanship E-8

20. Samples, Certificates and Tests E-9

21. Changes in Equipment and/or Materials E-10

22. Patents E-10

23. Warranty of Title E-10

24. The Township's Right to Do Work E-11

25. The Township's Right to Terminate Contract E-11

26. Damages E-11

27. Engineer’s Status E-11

28. No Estoppel or Waiver of Legal Rights E-12

29. Safety and Health Regulations (OSHA) E-12

30. Remedies E-12

31. Indemnification E-13

32. Sub-Surface Information (DELETED) E-13

33. Waiver of Responsibility For Sub Surface Information (DELETED) E-13 iii

F - SPECIAL CONDITIONS

1. Contract Security F-1

2. Contractor's Insurance F-1

3. Special Coverage Terms F-3

4. Progress Schedule F-3

5. Location of Utilities F-3

6. Inspection of Work F-4

7. Use of Explosives (Not Permitted) F-4

8. Night, Weekend and Holiday Work F-4

9. Payment to Contractor F-5

10. Correction of Work after Final Payment F-7

11. General Guaranty F-7

12. Office Space (Deleted) F-7

13. Sanitary Facilities F-7

14. Water F-8

15. Electricity F-8

16. Lines, Grades and Construction Surveying F-8

17. Contract Standards Act F-8

18. Rates of Wages F-9

19. Steel Products Procurement Act F-9

20. Act 287 F-9

G - CONSTRUCTION SPECIFICATIONS G-1

Penn Dot – Publication 408

Section 409 Superpave Mixture Design, Standard and RPS Construction Pages 409-1 to 409-24

Of Plant- Mixed HMA Courses

Section 350 Subbase Pages 350-1 to 350-2

Section 411 Superpave Mixture Design, Standard and RPS Construction Pages 411-1 to 411-5

Of Plant- Mixed WMA Courses

Section 491 Milling Of Bituminous Pavement Surface Pages 491-1

Section 492 Profile Milling Of Bituminous Pavement Surfaces Pages 492-1 to 492-2

H - FORM OF AGREEMENT

CONTRACTORS RELEASE H-4 & H-5

STATEMENT OF SURETY H-6

I-CONTRACT BOND

PERFORMANCE BOND PennDot MS-944S

PAYMENT BOND PennDot MS-944S iv

AFFIDAVIT RE ATTACHEMENT #4

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

NOTICE OF COMPLETION MS-NCP

CERTIFICATE OF COMPLIANCE CS-4171 (2 PAGES)

J – LIST OF CONTRACT DRAWINGS AND ADDITIONAL DOCUMENTS

1. 4” BASE REPAIR DETAIL

2. FULL DEPTH BASE REPAIR DETAIL

A-1

A. ADVERTISEMENT

ATTACHED

B-1

B. INSTRUCTIONS TO BIDDERS

1. BIDDER'S RESPONSIBILITY

Each bidder shall familiarize him/herself with all of the attached forms, Instructions, General

Conditions, Plans, Specifications, Drawings, et cetera (collectively “Contract Documents”), as he/she will be held responsible to fully comply therewith. Each bidder must visit the site of the work and acquaint himself with conditions affecting the work.

Bidders shall properly register on the PennBid site. They shall familiarize themselves with the

PennBid web site, navigating the PennBid web site, requesting information, the PennBid bidding methodology, completing the PennBid bid form, and the uploading of required bid forms and surety certificates. If needed, it is incumbent upon bidders to request assistance in familiarizing themselves. Bidders are encouraged to contact either PennBid or Pennoni Associates, if assistance is needed.

2. DELIVERY OF BIDS and BID INFORMATION:

Bids shall be collected electronically at PennBid™ (www.ebidexchange.com/pennbid). It is the responsibility of the bidder to complete in full their PennBid bid tab at least one minute prior to the time of opening. No bid shall be considered if it arrives after the time set for the receipt of bids. All required bid documents, as listed on PennBid website, must be uploaded at least one minute prior to the time of opening. The bid documents are uploaded as one document or ZIP file.

PennBid website will automatically indicate when a bid document file has been successfully uploaded. Bidders must also acknowledge that the bid documents have been uploaded in their entirety. Bidders are encouraged to complete, scan, upload their bid document file, and complete their acknowledgement well ahead of bid opening time.

http://www.ebidexchange.com/pennbid

B-2

3. ADDENDUMS:

Bidders shall acknowledge receipt of all Addendums, which have been issued during period of bidding and agree that said Addendums shall become part of this contract. The bidders shall list the numbers and issuing dates of the Addendums received and acknowledge same on the appropriate page provided in the Form of Guaranty section of these specifications.

4. BID GUARANTY:

Each Bid shall be accompanied by either a certified check or Surety Company's Bid Bond as specified herein under "ADVERTISEMENT", in an amount of not less than ten (10) percent of the base bid, which check or bond shall be payable to the Township as payee or oblige, and shall be forfeited as liquidated damages if the bidder fails to execute the contract in conformity with the

Agreement incorporated in the Contract Documents, and furnish bonds as specified, within ten

(10) days after receipt of Contract Documents. Such checks or bid bonds will be returned, to all except the three (3) lowest bidders immediately after the award, and the remaining unsuccessful bidders checks or bid bonds will be returned when the contracts executed by both parties are delivered to the successful bidder.

5. METHOD FOR SUBMITTING BIDS:

No bid will be considered unless submitted upon the electronic bid form for the project via

PennBid™. The blank spaces in the bid form shall be filled in correctly, where indicated, for each and every item for which a description is given, and the bidder must state the prices for which he proposes to do each part of the work contemplated.

The bidder shall submit his signed bid electronically in addition to uploading the associated signed forms to the PennBid website. If the bid is made by an individual, in addition to his signature, his complete post office address should be given. If made by a firm of partnership, the complete post office address of each member of the firm or partnership must be given. If made by a corporation, the person signing the bid should be the President or Vice President, attested by its Secretary or

Treasurer, along with indication of its principal place of business.

If bidder has been incorporated in some state other than Pennsylvania, bidder shall state whether the corporation is registered to do business in Pennsylvania. If bidder operates under an assumed or fictitious name, he shall state whether such name has been registered in Pennsylvania.

No contract will be awarded to a bidder who is a foreign corporation or operating under a fictitious or assumed name unless he has complied or agreed to comply with the proper registration under the laws of this Commonwealth.

6. PROOF OF BIDDER’S RESPONSIBILITY:

On request, the bidder shall file an experience questionnaire and financial statement with the

Township. The questionnaire and statement shall be certified to be true and correct by an affidavit sworn to or affirmed before a public notary, or other officer empowered to administer oaths or affirmations.

B-3

Upon request, bidder shall prove that he has liquid assets, available for the project upon which he is bidding in an amount equal to fifteen percentum (15%) of the first $100,000 of the amount of the bid plus ten percentum (10%) of the next $900,000 plus five percentum (5%) of the remainder of the bid.

None of the following will be considered as liquid assets:

(a) Capital Stock of the Contractor.

(b) Accounts receivable against which assignments have been made.

(c) Equity in real estate.

(d) Life Insurance.

(e) Reserve representing pre-payment of taxes or other expenses.

(f) Deposits held as security for other contracts.

(g) Capital of proposed sub-contractors.

In addition to the financial qualifications, the bidder may be required to prove to the satisfaction of the Township that he has successfully completed for similar work in an amount of not less than seventy-five percentum (75%) of the amount of the proposed contract.

The foregoing will guide the Township in determining the responsibility of the bidder, but additional information may be requested by the Township whenever in its judgment such information is necessary to determine the responsibility of the bidder.

In the event the bidder fails, refuses or neglects to submit any required information within the reasonable time stated in any request therefore or fails to qualify as a responsible bidder, his bid guaranty shall be forfeited to the use of the Township, not as a penalty, but as liquidated damage.

7. CHANGES WHILE BIDDING:

During the bidding period, bidders may be furnished addenda or bulletins for additions to or alterations of the plans or specifications, if any, which shall be included in the work covered by the Bid and become a part of the contract documents.

If any prospective bidder on the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Engineer electronically through the PennBid website, a written request for an interpretation thereof. The bidder submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued electronically to the PennBid website. A broadcast e-mail indicating the posting of a new addendum will be sent to all valid e-mail addresses as listed on the PennBid site. A copy of such addendum may be downloaded at any time by each prospective bidder who has received a set of such documents. Unless included in an addendum, the Engineer and/or Township will not be responsible for any other explanations or interpretations of the proposed documents.

All questions must be submitted by 12:00 PM April 1, 2026; the questions will be answered by

5:00 P.M. April 1, 2026.

B-4

8. BIDDER QUESTIONS:

The PennBidTM website allows for bidders to post questions and Engineer responses. The questions and responses shall be considered part of the bid documents and will be incorporated into the bid documents through a statement in an addendum.

9. BID OPENING PROCEDURE:

Sealed bids on projects will be received by the Township via PennBidTM until the time stated in the "Advertisement" at which time all bids will be publicly opened and read. The Township reserves the right to reject any or all bids, or parts thereof, as it may deem best for the interest of the Township.

10. COLLUSIVE BIDS:

The bid of any bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one bid in such manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a collusive bidder. The Township may reject the bid proposals of any collusive bidder upon bid opening. Bidders may revise their bid electronically via PennBidTM at any time before the Bid due time.

11. WITHDRAWAL OF BIDS:

A bidder may withdraw his bid any time up unto 1 minute prior to bid opening. After bid opening, no bidder may withdraw his bid within the time period indicated herein under

"ADVERTISEMENT". Requests for withdrawal of bids after bid opening due to clerical error shall be made in accordance with Commonwealth of Pennsylvania Act. No. 4 (S.B. 793).

12. AWARD OF CONTRACT:

The Township shall have the right to reject any or all bids or any parts thereof, or items therein.

The Township’s Solicitor shall have the right to waive technicalities for the best interests of the

Township. If an award of Contract is made, it will be made to the lowest responsible bidder, based on the tabulated Base Bid Items or Base Bid and any selected Add Alternates.

Thirty (30) day extensions of time may be made by the mutual written consent of the Township and the lowest responsible bidder. If the lowest bidder withdraws his bid or refuses or fails to proceed according to the Contract Documents, the Township shall have the right to award the

Contract to the next lowest responsible bidder or to reject all bids and re-bid the Project.

13. EXECUTION OF CONTRACT

The individual, firm or corporation to whom or to which the contract has been awarded within ten

(10) days after receipt of said documents shall sign and return to the Township, the contract documents and substitute for the certified check, or bid bond, which accompanied the bid, a contract bond or bonds in the penal sum at least equal to the amount of such contract, for the faithful performance of the contract, and also an additional bond for labor and materials, in the penal sum at least equal to the amount of such contract, to cover the prompt payment in full for all

B-5 materials furnished and labor supplied or performed, executed by a surety company or companies qualified to do business in the state where bid and a maintenance bond in the amount stipulated herein under "SPECIAL CONDITIONS". Each such bond shall be on the form approved by the

Township’s Solicitor.

The contract shall be executed by the Township and the successful bidder within 30 days of the date the contract is awarded unless the time shall be extended by the mutual written consent of the

Township and the successful bidder.

No bids or awards shall be considered binding upon the Township unless and until the contract documents are properly executed by both parties.

14. FAILURE TO EXECUTE CONTRACT:

If the lowest responsible bidder to whom the contract is awarded fails to submit bonds or execute the contract within the time specified, the amount of the bid guaranty shall be paid to the Township as liquidated damages. In such case the Township, at his discretion, may award the contract to the next lowest responsible bidder, or reject all bids.

15. SUBLETTING OR ASSIGNING OF CONTRACT:

The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or any portion thereof, of his right, title or interest therein, without the written consent of the Township.

16. REJECTION OF BIDS:

The right is reserved by the Township, alterations of form, addition or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind, or any other reason as the

Township shall determine. However, the Township reserves the right to waive any defects or irregularities on bids.

17. SUB-SURFACE INFORMATION: (DELETED)

18. BUILDING PERMIT AND BUILDING PERMIT INSPECTION FEES

Contractor shall be responsible for obtaining all required permits and pay all associated permitting and building permit inspection fees.

19. REQUIRED INFORMATION TO BE PROVIDED

A. BID DOCUMENTS

Information and Forms requested in the front-end documents:

These documents are requested by the front-end documents. The location of each document is provided within the parentheses:

1. Form of Bid (Completed via the PennBid site).

2. List of Subcontractors (Page D-1).

B-6

3. Addendum Acknowledgment (Page D-1).

4. Form of Guaranty (Page D-1 in addition to completing the Bid Bond).

5. Contractors Responsibility Certification (Page D-3-7)

6. Experience Questionnaire (Page D-8-10).

7. Bid Bond with Bonding company form (No specific form. The AIA bid bond form is acceptable).

8. PennDot MS-944

9. RCO questionnaire

Information and Forms to be posted via the PennBid site:

The following documents are to be uploaded to the PennBid site BEFORE bid opening.

The bidder must also acknowledge the required items were uploaded in the check boxes located in the RFI section under the bid form on the PennBid site.

3. Addendum Acknowledgment (Page D-1).

4. Form of Guaranty (Page D-1 in addition to completing the Bid Bond).

5. Contractors Responsibility Certification (Page D-3-7)

6. Experience Questionnaire (Page D-8-10).

7. Bid Bond with Bonding company form (No specific form. The AIA bid bond form is acceptable).

8. PennDot MS-944

9. RCO questionnaire

C-1

C. FORM OF BID

TO: Township of Upper Darby

100 Garret Rd

Upper Darby Pa 19082

Gentlemen:

This bid is submitted in accordance with your advertisement inviting bids to be received until 11:00 o'clock A.M., prevailing time, on the ____ day of _________________ for:

TOWNSHIP OF UPPER DARBY

2026 RESURFACING OF VARIUOS STREETS IN UPPER DARBRY TOWNSHIP

Having carefully examined the Contract Documents together with all Addenda or Bulletins, as prepared by the Engineers, and being familiar with the various conditions affecting the work, (including those under the General Conditions which provide for THE PAYMENT OF

LIQUIDATED DAMAGES TO THE TOWNSHIP, HEREAFTER SET AT $500 PER

CALENDAR DAY. The undersigned agrees to furnish all labor, materials and equipment to construct and complete temporary restoration within 90 consecutive calendar days, after the notice to proceed, all the necessary contract work, in accordance with said contract documents, for which the following units and/or lump sum prices are submitted.

The Contractors Responsibility Certification and Experience Questionnaire must be completed and submitted with the “Form of Proposal”. The name, company or agent, project and telephone number must be given for all references. A minimum of three (3) similar projects must be listed with at least one (1) project for similar work to be in the amount of not less than seventy-five (75%) of the amount of the enclosed bid. References must be provided for these similar projects.

C-2

CONTRACT FORM OF BID

Note:

1. The Contract shall be awarded to the lowest responsible bidder based on the Itemized Bid Tabulations for the Contract, however the Township reserves the right to award the contract to the lowest responsible bidder based on any combination of the Itemized Bid Tabulations and any Add Alternate.

2. These documents must be completed and uploaded to the PennBid website in accordance to Instructions to Bidders or bids will be rejected.

3. Addendum Acknowledgment (Page D-1).

4. Form of Guaranty (Page D-1 in addition to completing the Bid Bond).

5. Contractors Responsibility Certification (Page D-3-7)

6. Experience Questionnaire (Page D-8-10).

7. Bid Bond with Bonding company form (No specific form. The AIA bid bond form is acceptable).

8. PennDot MS-944

9. RCO questionnaire

3. These documents must be submitted in accordance to Instructions to Bidders or bids will be rejected.

C-3

INSERT PennBID Bid Tab

AFTER BID OPENING

D-1

D. FORM OF GUARANTY:

Accompanying this Proposal is a in the amount of

Dollars $ as bid security.

LIST OF SUBCONTRACTORS

The Bidder further certifies that the following firms or businesses will be awarded subcontracts for the stated portions of the work in the event the Bidder is awarded the Contract. (Add additional pages as required)

Subcontractor Name & Address Specialty Area

1.

2.

3.

4.

ADDENDUMS:

The bidder acknowledges receipt of the hereinafter enumerated Addendums which have been issued during period of bidding and agrees that said Addendums shall become a part of this contract. The bidder shall list below the numbers and issuing dates of the bulletins.

Addendum No. Issuing Date

D-2

The undersigned hereby certifies that this Proposal is genuine, and not sham or collusive, or submitted in the interest or on behalf of any person, firm or corporation not herein named, and has not, induced any other persons to refrain from biddings, and has not in any way sought by collusion to secure for himself an advantage over any other bidder.

FIRM NAME

ADDRESS

BUSINESS PHONE#

Official

By

TITLE

D-3

Contractor Responsibility Certification

Firm Name: ________________________________________________

Firm Address: ______________________________________________

Contact Name: _____________________________________________

Telephone No.: _____________________________________________

Fax No.: ___________________________________________________

Email Address: _____________________________________________

Project Name: ______________________________________________

Project Number: ____________________________________________

I attest that I have read, and will comply with the Township of Upper Darby Model Responsible

Contractor Ordinance.

Signature: _____________________________ Date: ______________________

The submitting firm is required to certify compliance with the contractor responsibility standards set forth below by checking appropriate boxes. Specifically, to perform work for the

Borough of Jenkintown, submitting firms must answer “Yes” to Questions 1, 2 and 9, 10, 11, 12, 13 and 14 and answer “No” to Questions 3 through 8.

(1) Does the firm have or will it obtain all valid, effective licenses, registrations or certificates required by federal, state, county, or local law, including, but not limited to, licenses, registrations or certificates required to: (a) do business in the designated locale; and (b) perform the contract work it seeks to perform. These shall include, but not be limited to, licenses, registrations or certificates for any type of trade work or specialty work which the firm proposes to self-perform?

Yes No

TOWNSHIP OF UPPER DARBY

D-4

(2) Does the firm meet the bonding requirements for the contract, as required by applicable law or contract specifications and any insurance requirements, as required by applicable law or contract specifications, including general liability insurance, workers compensation insurance and unemployment insurance requirements?

(3) Has the firm been debarred by any federal, state or local government agency or authority in the past three (3) years?

(4) Has the firm defaulted on any project in the past three (3) years?

(5) Has the firm had any type of business, contracting or trade license, registration, or other certification suspended or revoked in the past three (3) years?

(6) Has the firm been cited for a willful violation of federal or state safety laws as determined by a final decision of a court or government agency in the past three (3) years?

(7) Has the firm or its owners been convicted of any crime relating to the contracting business as determined by a final decision of a court or government agency in the past ten (10) years?

D-5

(8) Has the firm, in the past three (3) years, been found by a final decision of a court or government agency in violation of any law applicable to its contracting business, including, but not limited to, licensing laws, tax laws, prompt payment laws, wage and hour laws, prevailing wage laws, environmental laws or others, where the result of such violation was the payment of a fine, back pay damages or any other type of penalty in the amount of $1,000.00 or more?

(9) Does the firm agree to pay all craft employees that it employs on the project the current wage rates and benefits as required under applicable federal or state wage laws for the duration of the referenced project?

(10) Does the firm participate in a Class A Apprenticeship Program for each separate trade or classification in which it employs craft employees and agree to continue to participate in such program or programs for the duration of the referenced project?

(A) For purposes of this section, a “Class A Apprenticeship Program” is an apprenticeship program that is currently registered with and approved by the

U.S. Department of Labor or a state apprenticeship agency and has graduated apprentices to journeyperson status for at least three (3) of the past five (5) years.

(B) If a firm is identified as the lowest responsible bidder or otherwise selected as the prospective awardee or as a subcontractor of an awardee, it shall provide appropriate documentation, as determined by the Central Purchasing

Department, to verify it meets the requirements of this section for each trade or classification of craft workers it will employ on the project. This verification shall be provided prior to performance of work by the firm and the documentation shall clearly indicate which crafts the firm employs and which crafts are covered by the identified apprenticeship programs.

D-6

(11) Does the firm have all other technical qualifications and resources, including equipment, personnel and financial resources, to perform the referenced contract, or agree that it will obtain same through the use of qualified, responsible subcontractors?

(12) Does the firm agree to notify the Central Purchasing Department of any material changes to any matters attested to in this certification within seven (7) days?

(13) Does the firm understand and agree that, if it is a general contractor, construction manager or other prime contract and it receives a Notice of Intent to Award

Contract, it shall provide the Central Purchasing Department within seven (7) days a Subcontractor List that identifies any subcontractors it will use in connection with the project and furnish Contractor Responsibility Certifications for all identified subcontractors with all required supporting documentation.

(14) Does the firm understand and agree that this certification must be completed by an authorized representative of the firm that that sufficient knowledge and information to address all matter addressed herein.

D-7

In executing this Responsibility Certification, the submitting firm understands and agrees that if the Central Purchasing Department determines that this certification contains false or misleading material information that was provided knowingly or with reckless disregard for the truth or omits material information knowingly or with reckless disregard of the truth, the firm may be prohibited from performing work for the Township of Upper Darby for a period of three (3) years. Such circumstances shall also subject the firm to any other penalties and sanctions, including contract termination, available to the Township of Upper Darby under law. A contract terminated under these circumstances shall further entitle the Township of Upper Darby to withhold payment of any monies due to the firm as damages.

I certify that the foregoing representations regarding the past performance and present qualifications of the undersigned firm are true and correct.

Print and Sign Name

Title

Name of Firm

Date

Subscribed and sworn to before me this _____ day of _____________, 2017

Notary Public

My Commission Expires:___________

D-8

EXPERIENCE QUESTIONNAIRE

CONTRACT IDENTIFICATION

ROOF REPLACEMENT – PUBLIC WORKS BUILDING (RE-BID)

SUBMITTED TO THE TOWNSHIP OF UPPER DARBY

(-Corporation

BY (-Partnership

(-An Individual

PRINCIPAL OFFICE ADDRESS .

(The signer of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made.)

1. What type of business is Bidder's organization?

2. How many years has Bidder's organization been performing work, as a contractor or subcontractor, of the type required for this Project?

3. Provide information on all projects currently in progress.

Contract Amount Type of

Work

When

Completed

Name and Address of

Owner Engineer/Architect

2026 RESURFACING OF VARIOUS STREETS IN UPPER DARBY

D-9

4. Has Bidder's organization ever defaulted on any contract or failed to complete any contract?

If so, where and why?

5. List names, addresses, and phone numbers of individuals or organizations that can be contacted by

Borough or Engineer to obtain references.

6. What is the construction experience of the principal individuals of Bidder's organization?

Individual's Name Present Position or Office Magnitude and Type of Work In What Capacity?

STATE OF

COUNTY OF

being duly sworn deposes and says that he is of

Title Name of Organization and that the answers to the foregoing questions and all statements therein are true and correct.

Signature ________________________________________

Sworn to before me this Day of , 2018

My commission expires

Signature of Notary Public

*Type or print name below each signature.

Municipality

E-1

E. GENERAL CONDITIONS - Contract to comply with the latest addition of Penn Dot Publication #408 2020

Change 6 unless modified by Section E General Conditions below.

1. DEFINITIONS:

The Township is the party referred to in the Advertisement and whenever the word Township is used herein it shall refer to and designate the party of the first part of the contract contained herein.

The CONTRACTOR is the individual, group, partnership or corporation undertaking to do the work herein specified (including his or their heirs, legal representatives, successors or assigns) and is the party of second part of the contract contained herein.

The ENGINEER, the person, firm or corporation who is designated by the TOWNSHIP on the contract contained herein.

The CONTRACT DOCUMENTS consist of the Advertisement, Instructions to Bidders, Form of Bid, General and Special Conditions, Construction Specifications, Form of Agreement, Form of Bond, Construction Drawings, Standard Details and the plans.

A SUB-CONTRACTOR is an individual group, partnership or corporation, having a direct contract with the Contractor to furnish a special service, labor or material towards the completion for the Contractors contract.

An INSPECTOR is an authorized representative of the Engineer and/or Township, assigned to inspect the work performed and the materials supplied by the Contractor as to compliance with the Contract

Documents.

The term WORK, used herein, includes all labor and/or materials, equipment and any other facilities necessary for the Contractor to complete the contract.

The term APPROVED, used herein, shall be held to mean as approved by the Engineer.

The term SUBSTANTIAL COMPLETION used herein shall be held to mean construction that is sufficiently completed in accordance with the Contract Documents and certified by the Engineer of the

Township, as modified by change orders agreed to by the parties, so that a project can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least 90% of the work on the project is completed.

NOTICE shall be deemed to have been duly served if written and delivered in person to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives notice.

2. OTHER CONTRACTS

The Township may award, or may have awarded other contracts for additional work, and the Contractor shall cooperate fully with such other Contractors, by scheduling his own work with that to be performed

E-2 under other contracts as may be directed by the Township. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled.

3. SUB-CONTRACTS

No part of the contract shall be sublet without the prior written approval of the Township and setting forth requirements to be met.

4. MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts or neglect on the part of the Contractor, any other Contractors, or any subcontractor, shall suffer loss or damage on the work, the Contractor shall settle with such other

Contractor or subcontractor by agreement or arbitration, if such other Contractor or subcontractor will so settle. If such other Contractor, or subcontractor shall assert any claim against the Township on account of any damage alleged to have been so sustained, the Township will notify this

Contractor, who shall defend at his own expense any suit based upon such claim and, if any judgment or claims against the Township shall be allowed, the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith.

5. FITTING AND COORDINATION OF WORK

The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or materialmen engaged upon this contract. He shall be prepared to guarantee to each of his subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work.

6. SUPERINTENDENCE BY CONTRACTOR

At all times during which work is being performed under or affecting this contract, the Contractor shall keep a competent superintendent acceptable to the Engineer constantly on the site from the commencement of work under this contract until the completion thereof, who shall be constantly in touch with work and in all interlocking contracts affected thereby. The superintendent shall, in the absence of the Contractor, see that the instructions of the Engineer are carried out and all directions given such superintendent shall be as binding as if given to the Contractor.

7. PERMITS, LICENSES AND TAXES

The Contractor shall give all notice required by and comply with all applicable laws, ordinances, and codes of the Local Government, all construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawing and Detail Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Township. Where the requirements of the Drawings and Detail Specifications fail to comply with such applicable ordinances or codes, the Township will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated

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Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility varying with any applicable Ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with the Drawings and

Detail Specifications) the Contractor shall remove such work without cost to the Township.

The Contractor shall at his own expense, secure and pay to the appropriate department of the Local

Government the fees, or charges for all permits required by the local regulatory body or any of its agencies.

Permits for the opening and/or occupation of Township roads shall be obtained by the Contractor and State Highway permits shall be obtained by the Township However, all inspection fees and/or any other charges shall be borne by the Contractor, whether same is billed directly to him or to the

Township. Should any such bill be left unpaid by the Contractor, the Township shall be empowered to pay such bills and the cost thereof deducted from any monies due or to become due the

Contractor.

Whenever the proposed construction requires sales, consumers use, or other similar tax, the contractor shall pay for same.

8. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein; and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion.

9. PROTECTION OF WORK AND PROPERTY

The Contractor shall provide adequate protection against injury or loss arising in connection with this contract for all his work and the property of the Township. He shall make good any such damage, injury or loss, except such as may be due directly to errors in the drawings or specifications or caused by agents or employees of the Township. He shall adequately protect adjacent property as provided by law and the specifications and drawings. He shall provide facilities for protection required by public authority or local conditions as passageways, guard fences, lights, etc.

The Contractor shall preserve and protect all trees, shrubs and grass on or adjacent to the site which do not reasonably interfere with the construction as may be determined by the Engineer and the

Contractor shall be responsible for all unauthorized cutting or damaging or trees and shrubs, including damage due to careless operation of equipment, stockpiling of materials or tracking of grass areas by equipment. The Contractor shall remove only those trees designated by the Engineer to be removed.

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Prior to the commencement of any work or the mobilization of any equipment or materials, the

Contractor must obtain the services of a qualified professional to videotape the existing features adjacent to the route of proposed construction activity. The purpose of this video is to establish the pre-construction conditions of the area, so a determination of the required restoration can be made upon completion of the project.

The video as a minimum shall show the entire cartway from curb to curb, all intersecting streets for a minimum of 100-feet from the primary road, all curbing and sidewalk (in detail) on both sides of the primary road and intersecting streets, and all features within 50-feet beyond the face of the curb or edge of pavement.

Standard size DVD’s, shall be used. One (1) copy shall be presented to the Owner, and one (1) copy should be presented to the Engineer at the pre-construction meeting.

10. TEMPORARY PROVISION FOR PUBLIC TRAVEL

The Contractor shall perform his work in such a manner as to interfere as little as possible with the use of intersecting roads or adjoining property. No excavation shall be left open or other obstruction allowed to remain longer than is absolutely necessary; and the Contractor shall provide all safeguards and temporary passageways that may be necessary for the convenience and protection of all persons using said property either day or night.

11. SHOP DRAWINGS

The Contractor shall check and verify all field measurements and shall submit with such promptness as to cause no delay in his own work or in that of any other Contractor, three copies, checked and approved by him, of all shop or setting drawings and schedules required for the work of the various trades. The Engineer shall review, with reasonable promptness, such schedules and drawings only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The Contractor shall make any corrections required by the Engineer, file with him two copies and furnish such other copies as may be needed. The

Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications, unless he has in writing called the

Engineer's attention to such deviations at the time of submission, and secured his written approval, nor shall it relieve him from responsibility for errors in shop drawings or schedules.

12. TERMINATION, DELAYS, LIQUIDATED DAMAGES

If the Contractor refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in these Contract Documents, or as modified as provided in these Contract Documents, the Township, by written notice to the Contractor, may terminate the

Contract and the Contractor's right to proceed with the work. Upon such termination, the Township may take over the work and prosecute the same to completion by contract or otherwise, and the

Contractor and his sureties shall be liable to the Township for additional cost incurred by the

Township, as well as liquidated damages for any delay in the completion of the work as provided below. If the Contractor's right to proceed is so terminated, the Township may take possession of and utilize in completing the work any materials, tools, equipment and plant on the site of the work

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If the work is not completed within the time stipulated, including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Damages for each calendar day of delay, as set forth in the Form of Agreement, and the Contractor and his sureties shall be liable to the Township for the amount thereof.

The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with Liquidated Damages for any delays in the completion of the work due:

To any acts of the Government, including controls or restriction upon or requisitioning of materials, equipment, tools, or labor by reason or war, national defense, or any other national emergency;

To any acts of the Township;

To causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault of negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Township, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and

To any delay of any subcontractor occasioned by any of the causes specified in sub-paragraphs above.

Provided, however, that the contractor promptly notified the Township within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Township shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Township shall extend the time of completing the work for a period of time commensurate with the period of excusable delay.

Should the completion of the work be delayed beyond the time herein specified for completion for any reason other than the act of neglect of the Township, or an approved extension of time, the

Contractor shall pay the Township the actual engineering expenses incurred by the Township as a result of such delay and the Township may deduct such engineering costs from any payments due or to become due the Contractor.

13. INCONSISTENT SPECIFICATIONS AND DRAWINGS

Anything mentioned in the Detail Specifications and not shown on the Drawings, or shown on the

Drawings and not mentioned in the Detail Specifications, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Detail Specifications, the better quality or greater quantity of work or materials and the more stringent requirements shall be included in the bid, and unless otherwise ordered in writing, shall be performed or furnished.

In case of difference between the Detail Specifications and the Federal Requirements, the Federal

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Requirements shall prevail.

14. USE OF PREMISES

The Contractor shall confine his equipment, storage of materials and construction operations to the Contract Limits as shown on the Drawings and as prescribed by ordinances or permits, or as may be directed by the Township, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. No material of any kind may be stored on

Local or State Roads.

The Contractor shall comply with all reasonable instructions of the Township and the ordinances and codes of the Local Government regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades.

15. POSSESSION PRIOR TO COMPLETION

The Township shall have the right to take possession or use any completed or partially completed part of the work, but such possession or use shall not be deemed an acceptance of any work not completed in accordance with the Contractor.

16. CHANGES IN THE WORK

The Township may make changes in the scope of the work required to be performed by the

Contractor under the Contract or make additions thereto, or omit work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original

Contract unless it is expressly provided otherwise in writing by the Township.

Except for the purpose of affording protection against endangering life or property, the Contractor shall make no changes in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services, or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Township authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract price will be valid unless so ordered.

Where applicable, when unit prices are contained in the Bid, the Township may order the

Contractor to proceed with desired changes in the work. The values of such changes are to be determined by the measured quantities involved and the applicable unit prices specified in the

Contract. The Township shall, before ordering the Contractor to proceed with desired changes, request an itemized bid from him covering the work involved in the change, following which the procedure shall be as follows:

If the bid is acceptable, the Township will prepare the change order in accordance therewith for acceptance by the Contractor and;

If the bid is not acceptable, and prompt agreement between the two parties cannot be reached, the

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Township may order the Contractor to proceed with the work on a COST OF WORK basis.

Payment under COST OF WORK will be for the actual and necessary direct cost of the work in accordance with the orders of the Engineer, and in addition thereto the percentage of such cost hereafter stated. "Actual and necessary direct cost" shall be deemed to include the following:

(1) The actual expenditure for labor for the time actually engaged in the work, including the distributed cost of foreman in direct charge of such labor and insurance, taxes and other payments applicable to such labor.

(2) The actual expenditure for materials used up or incorporated in the work.

(3) A reasonable hourly, weekly or monthly rental as applicable, as determined by the

Engineers, for use of motor trucks and special equipment such as power-operated shovels, cranes, drills, paving breakers, etc. (but not including small hand tools), at a rate not to exceed the current local rate charged for the type of equipment used, for the time that such equipment is required on the work for the performance of COST OF WORK

EXCLUSIVELY. The rental price shall be for the equipment provided on the work and shall include transportation to and from the work, fuel, power, lubricants, operating tools, repairs, depreciation, replacements, and the sharpening of drills and other tools required to keep them in the best working condition.

To the actual and necessary direct cost of the work done under COST OF WORK as noted above, fifteen (15) percent will be added to the expenditure for labor as set forth in sub-paragraph (1) above and then (10) percent will be added to the expenditure for materials. No additions will be allowed to the rental of trucks, and special equipment. These percentages, and the rental price for equipment furnished, shall be deemed to cover the cost of heat, light, use and upkeep of small hand tools, administration, engineering, superintendence, all loss, damage, risk, and expenses incidental to the work and profit. The

Contractor shall have no claim in excess of the above, such payments being in full compensation for the performance of such work and the furnishing of such materials and for all expense in connection therewith and incidental thereto.

Should the Contractor sublet any portion of the work to be executed under COST OF

WORK payment for that portion will be computed as the actual and necessary direct cost as defined above, exclusive of any profit to the subcontractor, plus the percentages allowed, plus five (5) percent of the total paid to the sub-contractor.

The Contractor shall submit to the Township monthly, prior to each current estimate, two copies of an itemized statement of the amount and value of labor and materials furnished, accompanied by the original receipted bills for commodities purchased or for work performed under a subcontract, and by an affidavit certifying the correctness of the said statement. The Township shall have access to any books, vouchers, records, and memoranda showing the labor employed and the materials actually used on the specific operation and the actual net cost thereof.

17. CLAIMS FOR EXTRA COST

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If the Contractor claims that any instructions by Drawing or otherwise involve extra cost or extension of time, he shall, within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the…