1-13712 CONTRACT DOCUMENTS.pdf

LANGHORNE BOROUGH

114 E. MAPLE AVENUE

LANGHORNE, PA 19047

CONTRACT DOCUMENTS

FOR

W. MAPLE AVE. & GREEN ST. CROSSWALK

IMPROVEMENTS

LANGHORNE BOROUGH,

BUCKS COUNTY, PENNSYLVANIA

AUGUST 2026

ARRO CONSULTING, INC.

4259 W. SWAMP ROAD, SUITE 410

DOYLESTOWN, PA 18902

CONTRACT NO. 13712

INDEX

TITLE SECTION

Notice to Bidders NB

Location Map ---

Form of Proposal FOP

Bidder’s Qualification Statement BQS

Bid Bond BB

Non-Collusion Affidavit NCA

Public Works Employment Verification PWEV

Agreement A

Bonding and Insurance Requirements BI

Performance and Maintenance Bond PMB

Labor and Material Payment Bond LMP

Prevailing Minimum Wage Predetermination ---

General Conditions ---

Construction Specifications CS

Section I - Supplementary Conditions Section II - Materials Section III - Site Preparation Section IV - Excavation, Backfill, Earthwork and Grading Section V - Erosion and Sedimentation Control Section VI - Sidewalk, Curb, Brick Pavers and Pavement Construction Section VII - Pedestrian Crossing – Flashing Warning Devices Section VIII - Storm Inlet Improvements Section IX - Pavement Markings and Line Striping Section X - Restoration Section XI - Measurement and Basis of Payment

Exhibits ---

Contract Drawings ---

NOTICE TO BIDDERS

Sealed bids for the below project will be received by Langhorne Borough, hereinafter generally referred to as the Borough, on September 17, 2026 until 11:00 AM (Prevailing Time) via the PennBID Electronic Bid Management System and opened shortly thereafter. All documents and solicitation details will be available on or after August 21, 2026 at https://pennbid.bonfirehub.com.

Bidders must register (a free process), then click on the “Portal,” then “Open Public Opportunities” tabs.

W. MAPLE AVE. & GREEN ST. CROSSWALK IMPROVEMENTS

IN

LANGHORNE BOROUGH, BUCKS COUNTY, PENNSYLVANIA

The project involves pedestrian safety and RRFB improvements at the intersection of West Maple Avenue (PA Route 213) and Green Street in Langhorne Borough. The work to be performed under this Contract includes, but is not limited to, the installation of Rectangular Rapid Flashing Beacon (RRFB) assemblies with pedestal posts, pushbuttons, AID, and signage; installation of polyvinyl chloride (PVC) conduit by moling; stormwater inlet modifications including replacement of C-Tops with steel frames, 6” reveal C-Tops, and bicycle-safe grates; installation of concrete ADA curb ramps, curb, cheek wall, and sidewalk; tree removal and stump grinding; maintenance and protection of traffic; thermoplastic pavement markings and post-mounted sign installations; erosion and sediment control; and site restoration. The Contract also includes alternate/add-on bid items for decorative RRFB pedestal pole options and set-in-concrete brick paver surfacing, which may be selected or rejected at the Borough's sole discretion prior to award.

All bids must include lump sum or unit prices to be considered for award by the Borough at their option after review of the bid amounts.

Bids must be accompanied by a certified check, bank draft or bid bond issued by a surety company licensed to conduct business in the Commonwealth of Pennsylvania, in the amount of at least ten percent (10%) of the total Bid Amount made payable to the Borough.

The bidder's attention is called to the fact that the Pennsylvania Prevailing Wage Act and the Pennsylvania Public Works Employment Verification Act apply to this Contract, if the estimated cost of the project is in excess of $25,000. The successful bidder shall pay no less than the wage rates determined for the project area as set forth in the Contract Documents. The successful bidder must also ensure that employees, subcontractors and applicants for employment are (a) not discriminated against because of their race, color, religion, sex or national origin, or on any other basis on which discrimination is prohibited by any applicable federal, state or local laws and (b) legally authorized to work in the United States.

The successful bidder will be required to furnish separate bonds with corporate surety issued by companies authorized to do business in the Commonwealth of Pennsylvania on the prescribed forms dated the date of the Contract, or separate Federal or Commonwealth chartered lending institution irrevocable letters of credit in a form accepted and approved by the Borough, or separate restrictive or escrow accounts with such lending institutions pursuant to an escrow agreement accepted and approved by the Borough, each equal to one hundred percent (100%) of the Contract amount, to secure (a) the faithful performance and maintenance of the Contract; and (b) the prompt payment of materials and labor.

Bidders are advised that all applicable provisions of the Occupational Safety and Health Act (Public Law 91-596, dated December 29, 1970, latest revision) shall be strictly adhered to on this project.

Bids must be accompanied by a completed Bid Form, Bidder’s Qualification Statement, electronic copy of Bid Bond, executed Non-Collusion Affidavit and Public Works Verification Form as set forth in the Contract Documents.

Award of Contract, if a contract be awarded, will be to the lowest responsible bidder, but the Borough reserves the unqualified right to reject any or all bids and to waive any informalities.

The Borough also reserves the right to delete any “item” or portion of an “item” contained in the Contract at its discretion, once bids are received.

Prior to awarding the Contract, bids may be held by the Borough for a period not to exceed sixty

(60) days from the date of the bid opening for the purpose of reviewing the bids and investigating the qualifications of bidders. During this period, no bid may be withdrawn.

This project was financed (in part) by a grant from Pennsylvania Gaming Revenues, from the Board of Directors of the Redevelopment Authority of the County of Bucks, under the Municipal Grant Program created by Act 71 of 2004, as reenacted and amended, from language introduced by Senator Robert M. “Tommy” Tomlinson.

Mary Zimmerman Borough Manager

LOCATION MAP

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W. MAPLE AVENUE

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AutoCAD SHX Text As reprinted from the 2019 USGS 7.5-Minute Series, Langhorne, Pennsylvania Quadrangle Map

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LOCATION MAP

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W. MAPLE AVE. & GREEN ST. CROSSWALK IMPROVEMENTS

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DWG. NO.

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DATE

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AutoCAD SHX Text Dwg. Name: CONSTRUCTION PLAN.DWG Plotted: 8/21/2026CONSTRUCTION PLAN.DWG Plotted: 8/21/2026 Plotted: 8/21/2026

AutoCAD SHX Text ARRO Consulting, Inc. 4259 West Swamp Road #410 Doylestown, Pennsylvania 18902 Tel 215.340.0600

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APRIL 2026

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AS SHOWN

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PROJECT LOCATION

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LANGHORNE BOROUGH LANGHORNE BOROUGH, BUCKS COUNTY, PA.

FOP-1

FORM OF PROPOSAL

TO: Langhorne Borough 114 E. Maple Avenue Langhorne, PA 19047

FOR SUPPLYING ALL EQUIPMENT, MATERIAL AND LABOR NECESSARY

FOR

IN

LANGHORNE BOROUGH, BUCKS COUNTY, PENNSYLVANIA

Pursuant to, and in compliance with, your advertisement inviting proposals for “W.

Maple Ave & Green St. Crosswalk Improvements,” Contract No. 13712, and having carefully examined the Contract Documents comprised of specifications, and all other documents bound herewith, together with all addenda and bulletins thereto, and being familiar with the site and the various conditions affecting the work, the undersigned bidder hereby offers to furnish all plant, labor, materials, supplies, equipment and other things necessary or proper or incidental to the work required by, and in strict accordance with, applicable provisions of the Construction Specifications and of all addenda or bulletins issued Langhorne Borough and made available on the PennBID Electronic Bid Management System prior to the date for the opening of bids, for the unit prices and amounts set forth in the following Bid Cost Schedule:

FOP-2

BID COST SCHEDULE

W. MAPLE AVENUE & GREEN STREET

RRFB & PEDESTRIAN IMPROVMENTS

LANGHORNE BOROUGH, BUCKS COUNTY

ITEM

NO.

*DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL ITEM

PRICE

1 Maintenance and Protection of Traffic LS LS

Tree Removal Including Stump Grinding

EA 1

3 Erosion and Sedimentation Controls LS LS

Stormwater Inlet – Replace C-Top with Steel Frame and Bicycle Safe Grate, Complete in Place

Stormwater Inlet – Replace C-Top with 6” Reveal C-Top with Bicycle Safe Grate

6 Concrete Curb, Complete in Place LF 112

Concrete Cheek Wall, Complete in Place

LF 6

8 Concrete Sidewalk, Complete in Place SF 612

Remove Wood Stair Tread & Install Concrete Tread, Complete in Place

LS 1

Aesthetic Brick Paver Surface (Below RRFB’s)

SF 43

Detectable Warning Surface, Complete in Place

SF 54

12 Pavement Restoration SY 29

Polyvinyl Chloride (PVC) Conduit Installed by Moling

LF 41

Flashing Warning Devices – Complete in Place with AID & Signage – Standard Pedestal Pole with Non-Decorative Base

LS LS

15 Post-Mounted Signage SF 93

Removal and Installation of Thermoplastic Pavement Markings

LS LS

Unimproved Area Restoration – Topsoil, Seed and Mulch

SY 35

Unclassified Excavation Below Subgrade as directed by the Engineer

CY 10

FOP-3

BID COST SCHEDULE

W. MAPLE AVENUE & GREEN STREET

RRFB & PEDESTRIAN IMPROVMENTS

LANGHORNE BOROUGH, BUCKS COUNTY

ITEM

NO.

*DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL ITEM

PRICE

19 Excavations as Directed by Engineer

CY 10

TOTAL BASE BID AMOUNT

Written Amount

DOLLARS $_______________________

Alternate/Add On Items

Deduct Item 14 and Replace with Item 20 or 21 only

Flashing Warning Devices, Complete in Place with AID & Signage (Decorative Shroud for Standard Round Pedestal Pole)

Flashing Warning Devices, Complete in Place with AID & Signage (Pedestal Pole with Integrated Decorative Base)

Partial Quantity Deducted from Item 8 and Paid at Alternate Item 22 Unit Price

22 Set Brick Pavers in Concrete

SF 129

*See Section XI, “Measurement and Basis of Payment,” for a complete description of each pay item.

FOP-4

The bidder understands that the Contract and the attached Bid Cost Schedule includes Alternate/Add-On bid items for potential alternate work. It is mandatory for all bidders to submit Total Item Prices for the Base Bid Cost Schedule items and the Alternate/Add-On Cost Schedule items. The Bid Bonds submitted in conjunction with these proposals must be based upon the Total Base Bid Amount not including the Alternate/Add- On bid items.

The bidder understands that the determination of quantities for "Lump Sum" work is his responsibility and that determination is presented solely for the purpose of comparing bids. He further agrees that in case of any error or inconsistency in the figures contained in the proposal, the lump sum and unit prices shall govern, and that if his proposal is accepted, the lump sum and unit prices contained in the proposal are the prices which he will receive and which the Borough will pay for the work specified to be done under the items, in the manner set forth and required by the Contract Documents, without recitation or repetition of said lump sum and unit prices in the Contract Agreement. The bidder further agrees that the award of these Contracts may be made for the Base Bid only or on any combination of the Base Bid and selected Alternate/Add-Ons and/or substitutions.

Accompanying this proposal is a certified check ( ), bank draft( ) or bid bond ( ) in the amount of ten percent (10%) of the Total Bid Amount proposed under the above Bid Cost Schedule, payable to Langhorne Borough, Bucks County, Pennsylvania, which it is agreed will be forfeited to said Borough if the undersigned fails to furnish, after notification of intention to accept this proposal, on or before the date set for the award of contract(s), separate satisfactory financial security (consisting of separate bonds with corporate surety issued by companies authorized to do business in the Commonwealth of Pennsylvania on the prescribed forms dated the date of the Contract, or separate Federal or Commonwealth chartered lending institution irrevocable letters of credit in a form accepted and approved by the Borough, or separate restrictive or escrow accounts with such lending institutions pursuant to an Escrow Agreement accepted and approved by the Borough), each equal to one hundred percent (100%) of the Contract amount, to secure (a) the faithful performance and maintenance of the Contract; and (b) the prompt payment of materials and labor, or fails to execute the Agreement in conformance with the forms incorporated in the Contract Documents and furnish required insurance policies within seven (7) calendar days from the mailing of the notice of acceptance to the undersigned.

The bids received will be compared on the basis of the products of the quantities of items listed at the unit prices bid. In case of a discrepancy between the totals shown in the bid proposal and that obtained by adding the products of the quantities of items at the unit prices, the unit prices as written in the proposal shall govern. Should a unit price be omitted in the bid proposal for an item, the total item price shall govern and the unit price shall be determined to be the quotient of the total item price by the estimated quantity. The Borough reserves the right to correct all such errors or omissions.

In submitting this proposal, it is understood and agreed by the undersigned that the unqualified right is reserved by the Borough in its sole and absolute discretion, to accept any proposal or to reject any or all proposals and to waive defects or irregularities in any bid. It is further understood and agreed by the undersigned that any qualifying statements or

FOP-5

conditions made by him to the above proposal as originally published, as well as any interlineation, alterations, erasures, omissions or entered wording obscure as to its meaning, may cause the bid to be declared irregular and may be cause for rejection of the bid.

If awarded a contract under this proposal, the undersigned (Contractor) agrees to start work at the site within seven (7) days after the date of written "Notice to Proceed." The undersigned further agrees to achieve Substantial Completion of all work under one of the following schedules, as specified by the Borough in the Notice to Proceed:

1. Pre-Halloween Completion: Substantial Completion shall be achieved no later than October 30, 2026.

2. Post-Halloween Window: Work on site shall not commence prior to November 2, 2026, and Substantial Completion shall be achieved no later than November 19, 2026.

Final Completion, including final delivery, installation, and testing of all specialized equipment, shall be achieved within thirty (30) calendar days following Substantial Completion. Should Contractor fail to achieve Substantial Completion or Final Completion by the specified dates, then the Borough shall assess a liquidated penalty in the amount of two hundred fifty dollars ($250) per calendar day for each day the project remains incomplete. In addition to the liquidated penalty, Contractor shall be liable for all costs and fees incurred by the Borough, due to the overrun. These costs and fees include, but are not limited to, legal fees, engineering fees, inspection fees, insurance costs, administrative costs, interest and debt service charges. The total cost of the liquidated penalty and the additional incurred costs shall not exceed $1,000 per day. Should the overrun last thirty (30) days, then the Borough shall be entitled to obtain, from a Court of competent jurisdiction, injunctive or other equitable relief restraining Contractor from entering into any new contracts or beginning any new projects until the project which it undertook for the Borough is fully completed. Contractor shall be liable to the Borough for any and all monies spent in obtaining said injunction including, but not limited to, attorney's and engineer's fees. Additionally, should the overrun last sixty (60) days, then the Borough, upon five (5) days' written notice, may dismiss Contractor. Should the Borough dismiss Contractor pursuant to this Agreement, then the Contractor shall indemnify the Borough for all costs incurred including, but not limited to, the costs and fees of retaining a new contractor.

The undersigned understands and agrees that the Borough has the right to defer issuance of a "Notice to Proceed" for a period not to exceed thirty (30) days after the date of execution of the Agreement.

Payment for all work called for on the Contract Drawings and in the Construction Specifications or required for proper completion of the work under this Contract and not specifically mentioned in the Construction Specifications or noted on the Contract Drawings, will be considered as covered by the lump sum or unit prices, and no extra payments will be allowed therefore.

The undersigned certifies this proposal is in all respects genuine and not sham or collusive, nor made in the interest or in the behalf of any person, firm or corporation not herein named, and that there has been no attempt on the part of the undersigned by collusion to secure an advantage over any other bidder. The bidder must include an executed copy of the NON-COLLUSION AFFIDAVIT with these Contract Documents in conjunction with this

FOP-6

proposal.

The undersigned acknowledges receipt of the following addenda to the Contract Documents:

ADDENDUM

DATED

This bid may be withdrawn at any time prior to the scheduled time for opening of bids or any authorized postponement thereof.

FOP-7

TO BE COMPLETED BY BIDDER:

Date:

NAME OF BIDDER:

(Check One) Individual Partnership Corporation

Other (Identify)

By:

(Name and Title of Officer Authorized to Execute Proposal)

IF CORPORATION: Incorporated in Pennsylvania Yes No

If not incorporated in Pennsylvania, statement of qualification to do business in Pennsylvania must be attached to and made part of this proposal.

OFFICIAL ADDRESS:

(Zip Code)

TELEPHONE NUMBER: Area Code ( )

ATTEST:

(Seal) (Name and Title)

BQS-1

BIDDER'S QUALIFICATION STATEMENT

This document must be included as part of the bid submission. Failure to submit a fully completed and executed Bidder's Qualification Statement may be considered justification for rejection of the bid.

This Bidder's Qualification Statement is submitted with respect to the following project:

The undersigned certifies, under oath, the truth and correctness of all statements and of all answers to questions made hereinafter.

TO: PROJECT OWNER

Langhorne Borough

Submitted by: Corporation

Name: Partnership

Address: Individual

Principal: Joint Venture

Other (Identify)

1. Number of years your organization has been in business as a contractor.

2. Number of years your organization has been engaged in construction work of the type proposed under this Contract.

3. Number of years your organization has been in business under its present business name.

4. If a corporation, answer the following:

a. Date of incorporation:

b. State of incorporation:

BQS-2

c. President's name:

d. Vice President's name(s):

5. If individual or partnership, answer the following:

a. Date of organization:

b. Name and address of all partners: (state whether general or limited partnership)

6. If other than corporation or partnership, describe organization and name principals:

7. We normally perform % of the work with our own forces. List the portions of the work (i.e. trades, work items, etc.) included in the proposed Contract that will be performed by Subcontractors. Also list the name of the Subcontractor to perform that portion of work and the Subcontractor's address and telephone number. Failure to satisfactorily complete this section may result in disqualification of the bidder:

PORTION OF

WORK

SUBCONTRACTOR

NAME

ADDRESS

TELEPHONE NUMBER

BQS-3

8. Have you ever failed to complete any work awarded to you? If so, note when, where and why.

9. List name of project, owner, architect, telephone contact numbers, contract amount, percent complete, any claims filed by subcontractors/suppliers and scheduled completion of comparable projects your organization has in progress on this date:

10. List names of pending projects for which contracts are executed, or Notice of Award is pending, but construction has not begun. Include name, type of project, owner, dollar amount, anticipated start and completion dates, engineer and telephone contact numbers:

11. List the names of at least five (5) projects of similar type (i.e. park improvements, paving, fencing, etc.) and magnitude completed by your organization within the past four (4) years, the names of the owners, telephone contact numbers, respective contract amounts, dates of completion and the percent of work performed with own forces. Failure to satisfactorily complete this section may result in disqualification of the bidder:

BQS-4

12. List all projects contracted by your organization within the past four (4) years, the names of the owners, telephone contact numbers, respective contract amounts, dates of completion and the percent of work performed with own forces. Failure to satisfactorily complete this section may result in disqualification of the bidder:

13. List the construction experience (length and type) of the principal individuals of your organization who would be assigned to manage and supervise the proposed work under this Contract:

14. Provide the following references:

a. Bonding Company:

b. Bonding Agent: Phone #

c. Insurance Company:

d. Insurance Agency: Phone #

e. Bank (include name and contact):

f. Credit References (major material supplier):

BQS-5

15. Provide a copy (attach to this document) of a recent financial statement, as prepared by your auditor.

16. CERTIFICATIONS

a. This Bidder's Qualification Statement has been prepared on behalf of the following organization:

Name of Organization:

Name of Preparer:

Title of Preparer:

Date:

b. AFFIDAVIT

State of , County of , I, , being duly sworn, (Name of Official) according to law, depose and say that I am the (position) of the above organization, and that the responses provided in the Bidder's

Qualification Statement, including any attachments thereto, are true, complete and correct to the best of my knowledge and belief.

(Signature of Official)

SWORN AND SUBSCRIBED

TO BEFORE ME

this date of , 20 .

NOTARY PUBLIC

BB-1

BID BOND

Know ALL MEN BY THESE PRESENTS, that we ________________________

AS PRINCIPAL and __________________________________________________

__________________________________, of the City of _________________

State of ______________________, a corporation existing under the laws of the State of

__________________________, and authorized to transact business in the Commonwealth of

Pennsylvania, AS SURETY, are held and firmly bound unto LANGHORNE BOROUGH, BUCKS

COUNTY, PENNSYLVANIA, hereinafter called the OBLIGEE in the sum of

_______________________________________Dollars ($_________) lawful money of The

United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal or bid dated _______________________________, for the W. MAPLE AVE. & GREEN ST. CROSSWALK IMPROVEMENTS (CONTRACT NO. 13712).

NOW THEREFORE, the condition of this Bond shall be such that if the Principal shall furnish to the Obligee bonds with good and sufficient surety and insurance certificates and copies of the policies as may be required by the Contract Documents, and upon due acceptance of said Proposal and award of a contract to him by the Obligee, shall execute and deliver the Agreement, within the times, in the forms and in the amounts appropriate, required by the Contract Documents, then this Bond shall be void; otherwise, this Bond shall be and shall remain in full force and effect.

BB-2

The Principal and the Surety agree to pay the Obligee the difference between the amount of said proposal, as accepted by the Obligee, and any higher amount for which the required work shall be contracted for by the Obligee, together with any additional advertising costs, Engineer's fees, legal fees and any and all other fees and expenses incurred by the Obligee by reason of the failure of the Principal to enter into such Agreement with the Obligee, or to furnish such bonds, or to furnish such insurance certificates and copies of the policies; provided, however, that: (1) the obligation of the surety shall not exceed the stated principal amount of this Bond; and (2) if the Obligee should not procure an executed contract with any other person for the performance of the work contemplated in said proposal, as accepted by the Obligee, upon the same terms and conditions, other than price as provided in the Contract Documents, within the period provided in the Contract Documents during which no proposals of bidders may be withdrawn, whether because of the lack of other proposals, or because of the inability or refusal of any other bidder to enter into an appropriate contract, or because of the cost under any higher proposal would be greater than the Obligee shall determine, in its sole discretion, that it can afford, then the Principal and the Surety agree to pay to the Obligee the full amount of this Bond as liquidated damages.

It is the intention of the parties hereto to be legally bound by this instrument.

BB-3

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this ____ day of _______________, 20_____ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

ATTEST:

Secretary Corporation-Contractor (Affix WITNESS ______________________ Corporate President Seal) WITNESS (Seal)

Individual-Contractor

Partnership-Contractor WITNESS By _______________________ (Seal) Partner _______________________ (Seal) Partner

Other (Identify)

WITNESS

By (Seal)

Authorized Representative Business Address ________________________________________ of Bidder

ATTEST

WITNESS

Secretary _____________________________ Surety

(Affix Corporate Seal) _______________________ Attorney-in-Fact*

* A Power of Attorney authorizing the Attorney-in-Fact to act for the Surety Company must be attached.

BB-4

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, ____________________________________________________________ certify that I am the ___________________________________ Secretary of the corporation named as PRINCIPAL in the written Bid Bond; that

___________________________________________ who signed the said Bid Bond on behalf of the PRINCIPAL was then of said corporation, that I knew his signature, and his signature thereto is genuine; and that said Bid Bond was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

Corporate Seal

NCA-1

NON-COLLUSION AFFIDAVIT

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid.

According to the Pennsylvania Antibid-Rigging Act, 73 P.S. Section 1617 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid.

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "complementary bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another prospective bidder, any intentionally high or non-competitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. A person's affidavit stating that the person has been convicted or found liable for any act, prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract within the last three years does not prohibit a governmental agency from accepting a bid or awarding a contract to that person, but may be a ground for administrative suspension or debarment in the discretion of a governmental agency under the rules and regulations of that agency, or, in the case of a governmental agency with no administrative suspension or debarment regulations or procedures, may be a ground for consideration on the question whether such agency should decline to award a contract to that person on the basis of a lack of responsibility.

7. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.

NCA-2

NON-COLLUSION AFFIDAVIT

Commonwealth of :

ss

County of :

I state that I am of (Title) and that I am authorized to (Name of my firm) make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

(1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or non-competitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid.

NCA-3

(5) , its affiliates, (Name of my firm) subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

NCA-4

I state that understands and

(Name of my firm) acknowledges that the above representations are material and important, and will be relied on by Langhorne Borough in awarding the Contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Langhorne Borough of the true facts relating to the submission of bids for this Contract.

(Signature of Official and Position)

SWORN AND SUBSCRIBED

TO BEFORE ME

this date of , 20 .

NOTARY PUBLIC

My Commission Expires (Notary Public)

PWEV-1

PUBLIC WORKS EMPLOYMENT VERIFICATION

INSTRUCTIONS FOR BIDDERS

1. On January 1, 2013, the Commonwealth of Pennsylvania enacted Act 127 of 2012, known as the Public Works Employment Verification Act, which requires all public work contractors and subcontractors to utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work projects are authorized to work in the United States.

2. The Pennsylvania Department of General Services defines a “Public Work” to be a construction, reconstruction, demolition, alteration and/or repair work, other than maintenance work, done under contract and paid for in whole or in part out of funds of a public body where the estimated cost of the total project is in excess of twenty-five thousand dollars ($25,000), but shall not include work performed under a manpower or rehabilitation training program.

3. The Department of General Services’ Public Works Employment Verification

Compliance Program is responsible for the administration, education and enforcement of the Public Works Employment Verification Act (Act 127 of 2012).

It provides contractors and subcontractors with educational outreach, conducts investigations when complaints are received and random audits to ensure compliance with the requirements of this Act.

4. Any questions pertaining to the Public Works Employment Verification Act (Act 127 of 2012) may be directed to the Public Works Employment Verification Compliance Office at the following:

Mail: Department of General Services Public Works Employment Verification Compliance Office Room 105 Tent Building 18th & Herr Streets Harrisburg, PA 17125

Fax: (717) 214-3669

PWEV-2

PUBLIC WORKS EMPLOYMENT VERIFICATION

INSTRUCTIONS FOR BIDDERS

1. All contractors submitting a bid for the proposed Public Work required under this Contract are required to verify that all newly hired employees are authorized to work in the United States. Contractors and subcontractors must comply fully with the requirements of the Public Works Employment Verification Act (Act 127 of 2012) and must verify eligibility of all newly hired employees using the U.S.

Department of Homeland Security’s E-Verify internet program at the Department’s website (www.dhs.gov/e-verify).

2. Employment verification shall apply to all employees hired by the Contractor or subcontractor after January 31, 2012. Any employees hired after contract award and during the course of the Public Work contract shall be verified by the contractor or subcontractor within five (5) business days of his/her start date.

3. Prior to contract award, the successful contractor and any proposed subcontractor shall complete and submit to Langhorne Borough the accompanying Public Works Employment Verification Form.

4. All contracts between the Contractor and its subcontractors, and between all subcontractors and their respective sub-subcontractors, shall contain information about the requirements of the Public Works Employment Verification Act (Act 127 of 2012).

Street Address 2

City State Zip Code

Doing Business As:

(if different from Legal Name)

Commonwealth of Pennsylvania Public Works Employment Verification Form

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

Company Legal Name: ___________________________________________________________

Mailing Address: ______________________________________________________

Check one: Contractor Subcontractor

Contracting Public Body: _________________________________________________________

Contract/Project Number: ________________________________________________________

Project Description: _____________________________________________________________

Project Location: _______________________________________________________________

Date Enrolled in E-Verify (MM/DD/YYYY): ___________________________________________ As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of today’s date, __________________________, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I,____________________________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature Date of Signature

Printed Name: _________________________________________________________________

Phone Number: ______________________ Email: ____________________________________

Street Address 1

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AGREEMENT

THIS AGREEMENT, made and concluded this ____ day of _______, 20____, by and between Langhorne Borough, hereinafter generally called the Borough, and:

(Name, Address and Telephone Number of Contractor) hereinafter generally called the Contractor.

WITNESSETH, that for, and in consideration of, the payments and agreements to be made and performed by the Borough, the Contractor, at its own proper cost and expense and with skill and diligence, will construct and complete all work included in the performance of: CONTRACT NO. 13712, W. MAPLE AVE. & GREEN ST. CROSSWALK

IMPROVEMENTS, in accordance with attached Contract Documents, and in full compliance with this Agreement.

And the Contractor agrees to receive the prices stated in the Form of Proposal attached in full compensation for furnishing all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper or incidental to the construction of all work contemplated in this Contract; the Contractor, for such consideration, shall be responsible for all loss or damage arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing materials, until their completion and acceptance.

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The work on the Contract is to be commenced within seven (7) days from the date of “Notice to Proceed” from Langhorne Borough, or its designee. The Contractor shall achieve Substantial Completion of all work under one of the following schedules, as specified by the Borough in the Notice to Proceed:

1. Pre-Halloween Completion: Substantial Completion shall be achieved no later than October 30, 2026.

2. Post-Halloween Window: Work on site shall not commence prior to November

2, 2026, and Substantial Completion shall be achieved no later than November

19, 2026.

Final Completion, including final delivery, installation, and testing of all specialized equipment, shall be achieved within thirty (30) calendar days following Substantial

Completion. Should Contractor fail to achieve Substantial Completion or Final

Completion by the specified dates, then the Borough shall assess a liquidated penalty in the amount of two hundred fifty dollars ($250) per calendar day for each day the project remains incomplete. In addition to the liquidated penalty, Contractor shall be liable for all costs and fees incurred by the Borough, due to the overrun. These costs and fees include, but are not limited to, legal fees, engineering fees, inspection fees, insurance costs, administrative costs, interest and debt service charges. The total cost of the liquidated penalty and the additional incurred costs shall not exceed $1,000 per day.

Should the overrun last thirty (30) days, then the Borough shall be entitled to obtain, from a Court of competent jurisdiction, injunctive or other equitable relief restraining Contractor from entering into any new contracts or beginning any new projects until the project which it undertook for the Borough is fully completed. Contractor shall be liable to the Borough

A-3 for any and all monies spent in obtaining said injunction including, but not limited to, attorney's and engineer's fees. Additionally, should the overrun last sixty (60) days, then the Borough, upon five (5) days' written notice, may dismiss Contractor. Should the

Borough dismiss Contractor pursuant to this Agreement, then the Contractor shall indemnify the Borough for all costs incurred including, but not limited to, the costs and fees of retaining a new contractor.

To prevent all disputes and litigations, it is agreed by and between the parties of this Contract that the Engineer, subject to final approval of Langhorne Borough, shall, in all cases, determine the quality and quantity of the several kinds of work and materials which are to be paid for under this Contract, and he shall determine all questions in relation to lines, levels and dimensions of work and as to the questions of interpretation of the plans and specifications. The term "ENGINEER" shall mean ARRO Consulting, Inc., 4259 W. Swamp Road, Suite 410, Doylestown, Pennsylvania 18902, or his duly appointed representative, or such other engineer as identified by the Borough.

The Engineer shall prepare, on a monthly basis, an estimate of the value of work completed during the previous monthly period. Within fifteen (15) days following the end of the monthly period, the Engineer shall certify this value to the Borough. During the first fifty percent (50%) of the Contract, the Borough shall retain ten percent (10%) of the amount of each progress payment. Once the Contract reaches fifty percent (50%) completion, the amount of the retainage shall be reduced to five percent (5%) of the total

Contract cost completed to date.

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The processing of progress payments shall in no way be construed as an acceptance of the work by the Borough.

The Contract Documents shall consist of the following:

NOTICE TO BIDDERS

LOCATION MAP

FORM OF PROPOSAL

BIDDER'S QUALIFICATION STATEMENT

BID BOND

NON-COLLUSION AFFIDAVIT

PUBLIC WORKS EMPLOYMENT VERIFICATION

AGREEMENT

BONDING AND INSURANCE REQUIREMENTS

PERFORMANCE AND MAINTENANCE BOND

LABOR AND MATERIAL PAYMENT BOND

PREVAILING MINIMUM WAGE PREDETERMINATION

GENERAL CONDITIONS

CONSTRUCTION SPECIFICATIONS

CLARIFICATIONS AS ANSWERED ON PENNBID WEBSITE

EXHIBITS

CONTRACT DRAWINGS

ADDENDA

This Agreement, together with the other Documents, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated.

In the event of a conflict between the Standard General Conditions and any other

Contract Documents, the latter will apply so as to supersede the Standard General

Conditions to the extent of the conflict.

The Contractor and the Borough, for themselves and their respective heirs, legal

A-5 representatives, successors and assigns, hereby agree to the full performance of the covenants herein contained.

A-6

IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT.

Borough: Langhorne Borough

___________________________ BY: ___________________________

Name and Title Name and Title (Seal)

Contractor ______________________________

___________________________ BY: ___________________________

Name and Title Name and Title (Seal)

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BONDING AND INSURANCE REQUIREMENTS

I. Financial Security

A. Each bidder must submit a Bid Bond in the amount of not less than ten percent (10%) of the Total Bid Amount. The Bond must be in the form of a certified check, bank draft or bid bond issued by a Surety company licensed to conduct business in the Commonwealth of Pennsylvania. This Bond must be submitted with the proposal.

B. Bid Bonds for apparently unsuccessful bidders will be returned promptly after the opening of bids. The Bid Bond for the apparently successful bidder will be held until all bonding and insurance requirements of the Contract Documents have been met.

C. The apparently successful bidder must submit separate bonds with corporate surety issued by companies authorized to do business in the Commonwealth of Pennsylvania on the prescribed forms, dated the date of the Contract, or separate Federal or Commonwealth chartered lending institution irrevocable letters of credit in a form accepted and approved by the Borough, or separate restrictive or escrow accounts with such lending institutions pursuant to an escrow agreement accepted and approved by the Borough, each equal to one hundred percent (100%) of the Contract amount, to secure (a) the faithful performance and maintenance of the Contract; and (b) the prompt payment of materials and labor.

D. All bonds or other financial security submitted under the terms of this Contract shall be executed by one or more surety companies or Federal or Commonwealth chartered lending institutions acceptable to the Borough and legally authorized to do business in the Commonwealth of Pennsylvania. All bonds must be in the form set forth in these Contract Documents.

E. The Borough will not execute the Agreement until all required bonds or other authorized forms of financial security have been received and approved by the Borough and the Engineer.

II. Insurance

A. The successful bidder is required to maintain Worker's Compensation Insurance in accordance with the Pennsylvania Workers' Compensation Act (as amended by Act 57 of 1996). Proof of Workers' Compensation Insurance shall be submitted to the Borough. Workers' Compensation Insurance shall be in the amounts required by law, for all employees employed at the various sites under this Contract. However, in no event shall the amount of the Policy be less than $100,000 Each Accident, $100,000 Disease - Each Employee and $500,000 Disease - Policy Limit.

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B. The successful bidder is required to maintain General, Automobile and

Umbrella Liability Insurance in amounts no less than that shown on Page BI-4, a standard marked-up Certificate of Insurance. Unless otherwise allowed within these Contract Documents, the policy shall include, under General Liability, insurance coverage pertaining to explosion, collapse and underground hazard and the policy shall be specifically endorsed to eliminate any exclusions for explosion, collapse and underground hazard.

C. The successful bidder shall be liable and responsible, until final acceptance of the work, for any official or other authorized visitors to the work, or to other persons, and for all damages and injuries to all buildings, machinery, water courses or waterways, materials and appliances, and for all damages to any and all public, corporation or private property which may be occasioned by, or occur in, consequence of the work of the successful bidder, and full conformity to all of the specific requirements herein shall not relieve the successful bidder from the said liability and responsibility. The successful bidder shall assume all risks whatsoever as to all damages from the natural elements, fire, flood, trespass and from any and all other causes, and shall substantially protect accordingly all materials both before and after installation.

D. Any subcontractors that may be employed shall carry the same kinds of liability insurances in amounts not less than that required of the successful bidder under the Contract Documents. Furthermore, the insurance policy shall protect the Borough and the Engineer (to the extent allowed by the law) from claims arising from the execution of the work under the Contract, and under "Special Items" on the Certificate of Insurance, the Certificate shall contain the statement "Additional Insureds: Langhorne Borough, its members and employees, Redevelopment Authority of the County of Bucks and ARRO Consulting, Inc.

named as additional insureds."

E. Within seven (7) calendar days from the mailing of the notice of acceptance, the successful bidder shall submit copies of all policies and certificates of insurance for all coverages detailed above. The certification of insurance must clearly stipulate that the insurer will notify both the Borough and the Engineer, in writing, thirty (30) days prior to the cancellation of the policy. The Borough will not execute the Agreement or issue the "Notice to Proceed" until all required insurance policies and certifications have been approved by the Borough and the Engineer.

F. The successful bidder shall indemnify, defend and hold the Borough harmless from, and against, all suits, claims, actions or judgements from any injury or damage sustained or alleged to have been sustained by any party or parties by reason of the use of defective material, furnished and delivered under the Contract to be awarded hereunder or by, or on account of, any act of omission or commission of any contractor, his, its or their agents or employees. If such action is brought against the Borough, the successful bidder will immediately

BI-3

take charge of, and defend it as his, its or their own, cost and expense. The Borough may, if it so desires, defend any such action and charge the expense of that defense to the successful bidder.

G. The requirements of this section shall be those termed Supplementary

Conditions in Section 6.05 of the General Conditions. Supplementary Conditions prevail over General Conditions where items are addressed, otherwise all other General Conditions apply to the Contract.

TM

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

INSR ADD’L

LTR INSRD

DATE (MM/DD/YYYY)

PRODUCER

INSURED

POLICY EFFECTIVE POLICY EXPIRATION

POLICY NUMBER LIMITSDATE (MM/DD/YY) DATE (MM/DD/YY)TYPE OF INSURANCE

GENERAL LIABILITY

AUTOMOBILE LIABILITY

GARAGE LIABILITY

EXCESS/UMBRELLA LIABILITY

WORKERS COMPENSATION AND

EMPLOYERS’ LIABILITY

OTHER

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN

NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR

REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

EACH OCCURRENCE $

DAMAGE TO RENTED

COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence)

CLAIMS MADE OCCUR MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $

GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $

PRO-

POLICY LOCJECT

COMBINED SINGLE LIMIT…