1-2025 Winter Snow Removal Bid Docs.docx

UPPER GWYNEDD TOWNSHIP MONTGOMERY COUNTY, PENNSYLVANIA

EQUIPMENT RENTAL

WINTER SNOW REMOVAL CONTRACT 2025

Upper Gwynedd Township 1 Parkside Place North Wales, PA 19454

UPPER GWYNEDD TOWNSHIP EQUIPMENT RENTAL FOR WINTER SNOW REMOVAL

TABLE OF CONTENTS

SECTION PAGE NUMBER

A Notice (Advertisement) B. Instruction to Bidders C. Proposal & Contract D. Bid Bond E. Statement of Qualifications F. Anti-Collusion Affidavit G. Performance Bond H. Payment Bond I. Workmen's Compensation Act J. Public Works Employment Verification K. Disclosure of Terrorism Insurance

A1 B1 - B4 C1 - C6 D1 - D3 E1 - E3 F1 G1 H1 I1 J1 K1

NOTICE TO BIDDERS

Equipment Rental Winter Snow Removal Contract Sealed bids will be received online by Upper Gwynedd Township via the PennBid Program (www.PennBid.net) until 10:00 am on Thursday, October 10, 2025 for the following Equipment Rental:

1. 5-Ton Dump with Plow & Operator

2. 10-Ton Dump with Plow & Operator

3. 15-Ton Dump with Plow & Operator

4. Rubber Tire Loader with Operator (One Cubic Yard Minimum)

All Bidding Documents are available at no cost at www.PennBid.net. This equipment rental contract runs from January 1, 2026 through December 31, 2026.

Bids must be accompanied by a Certified Check or Bid Bond in the amount of ten percent (10%) of the Bid, made payable to Upper Gwynedd Township. A Performance Bond or certified check in the amount of 100% of the contact shall be furnished by the successful bidder within 15 days after the contract is awarded.

No bid shall be withdrawn within sixty (60) days after opening, during which the Township may review the Bids and investigate bidders' qualifications. The Township reserves the right to reject any or all Bids.

BOARD OF COMMISSIONERS UPPER GWYNEDD TOWNSHIP

A-1

INSTRUCTIONS TO BIDDERS FOR WINTER SNOW REMOVAL EQUIPMENT RENTAL

1. GENERAL

The bid documents, which all are part of and form the Bid, consists of the following sections (including all modifications thereof incorporated in any of the sections before the opening of the bids).

A. Advertisement for Bids.

B. Instruction to Bidders.

C. Proposal and Contract.

D. Bid Bond E. Statement of Qualifications F. Anti-Collusion Affidavit G. Performance Bond H. Payment Bond I. Workmen's Compensation Act J. Public Works Employment Verification K. Disclosure of Terrorism Insurance

2. PREPARATION AND SUBMISSION OF BIDS

A. A bidder who desires to submit a Bid for the equipment, material and/or services contemplated in the Advertisement (Section A) shall conform to the following conditions.

1. He/she shall thoroughly review and be familiar with the specifications and the Bid documents.

2. Sealed Bids shall be submitted online via the PennBid Program by the prescribed date and time. (www.PennBid.net)

B. Each Bid shall conform to the following:

1. In submitting its initial Bid, the bidder shall conform to the following:

(a) Proposal. (Pages 1 & 2)

(i) Complete all items in Sections B and D.

(ii) Two (2) copies of Part D must be executed by the bidder

(b) Schedule of Equipment. (Page 3)

(i) Complete items B and E through H.

B1

Instructions to Bidders for Winter Snow Removal Equipment Rental

(ii) An hourly rate must be listed in Column G for each item of equipment the bidder wishes to bid on.

(iii) Sizes and capacities listed are minimums. Larger equipment may be provided.

(iv) Two (2) copies of the Schedule of Equipment must be signed by the bidder

2. The Bid must be signed and submitted by an individual authorized by the bidder.

Each Bid shall be accompanied by the following:C.

1. An electronic copy of a completed and executed Statement of Bidder's Qualifications in a form attached hereto.

2. An electronic copy of Bid security in the form of either a completed and executed Bid Bond in a form attached hereto or a certified check in the amount of not less than ten (10%) percent of the projected Contract Price.

3. An electronic copy of an executed Non-Collusion Affidavit in a form attached hereto.

D. Upon notification, Bidders must provide an original of the documents specified in subparagraph (C) within three (3) business days.

E. A Bidder may withdraw his Bid at any time up to the time set for the opening of the Bids. No Bidder may withdraw his Bid unless the request is made in writing and is received by the Township prior to the time set for Bid opening.

3. QUESTIONS

Questions related to an open solicitation shall be submitted in writing by clicking the "Questions" tab within PennBid.

4. ISSUANCE OF ADDENDA

All addenda shall be posted within PennBid's "Documents" tab and all potential bidders will be notified by email. It is, however, the responsibility of each bidder to review all addenda posted within PennBid's "Documents" tab prior to submitting their Bid.

B2

5. OPENING AND CONSIDERATION OF BIDS

A Each Bid shall be opened at the time and place called for in the Advertisement. The bid amount and the unit prices comprising such amount or used in calculating such amount, together with the nature and amount of the bid security, shall be announced publicly.

B. The Township reserves the right to reject any and all Bids, or parts thereof, or items therein, and to waive any defects or irregularities as to form therein.

C. A Bid shall not be considered which is not based on the specification and the other Bid documents as indicated in the Advertisement (Section A).

D. The Township, in considering each Bid, shall, prior to any determination and/or award thereon, investigate and evaluate the bidder as to his experience, responsibility, financial rating and prior experience with similar work.

E. The Township shall have the time as indicated in the Advertisement in which to investigate, evaluate and grant or reject the Bids. No bidder shall have the right to withdraw, change or alter his Bid within said time.

F. The bid security shall be forfeited, as liquidated damages, if the bidder fails to execute the required contract documents and furnish the performance security as specified within ten (10) days following the date of receipt of Notice of Award of Contract.

G. If the Bid security is in the form of a certified check, the certified check shall be returned to the unsuccessful bidder except that said check accompanying the three (3) apparent low bids shall be retained by the Township pending the determination of the "lowest responsible bidder" and the execution of the Contract with and by said bidder. If the initial "lowest responsible bidder" shall be disqualified for failure to execute a Contract, the Township reserves the right to accept the next low responsible bid and to contract with such bidder, upon the posting of performance security by such bidder as required herein.

H. Following Bid Opening, summary results will be publicly posted to the PennBid website.

6. AWARD OF CONTRACT

A Within the time specified in the Advertisement for the awarding of a contract, the Township shall either reject all Bids or award the contract to the responsible bidder whose base bid is the lowest amount. The Township, however, reserves the right to waive such informalities as may be permitted by law.

B. The successful bidder shall within 15 days from the date of the Notice of Intent to Award the Contact to such bidder deliver to the Township the following documents, in such form and in the amounts as follows:

B3

1. A Performance Bond at least equal to one hundred percent (100%) of the amount of the Signed Agreement, which shall continue as security to the Township for the complete and faithful performance of the project by the successful bidder, as provided by Law in a form attached hereto; and

2. A Payment Bond at least equal to one hundred percent (100%) of the amount of the bid which shall continue as security that all material suppliers and subcontractors are paid in a form attached hereto.

3. A Certificate of Insurance evidencing the coverages described in Paragraph D(7) of the Proposal and Contract.

4. Public Works Employment Verification Form in a form attached hereto.

5. Workmen's Compensation Act Affidavit in a form attached hereto.

B4

MS-970 (11-09)

pennsylvania DEPARTMENT OF TRANSPORTAHOt..

EQUIPMENT RENTAL PROPOSAL AND CONTRACT (WHEN EXECUTEO)

( INSTRUCTIONS ON PAGE 5)

(THIS PROPOSAL INCLUDES INSTRUCTIONS TO BIDDERS)

A. SUBMITTAL OF PROPOSALS.

Sealed Proposals must be submitted via the PennBid ProgramOctober 10, 2025

(DATE)

Sealed Proposals will be received on or before 10:00 AM , on the above Letting Date. TIME

Proposals will be opened and read at approximately 10:00 AM , on the above Letting Date. TIME

B. NAME OF CONTRACTOR (To be completed by the bidder.) Proposal of

Upper Gwynedd Township MUNICIPALITY (NAME & TYPE)

Sandra Brookley Zadell SECRETARY 1 Parkside Place ADDRESS North Wales, PA 19454 ADDRESS

C. SPECIFICATIONS. (To be completed by the MUNICIPALITY before proposals are distributed.)

The contractor hereby proposes and agrees.

1. To provide on a rental basis equipment described in the attached Schedule of Equipment on an as needed basis, where directed, within the geographic area described in the Schedule of Equipment for a period beginning January 1, 2026 , and ending on December 31, 2026

2. To maintain this equipment in good mechanical and operating condition and to make all repairs and I or replace ments at the CONTRACTORS expense.

3. The equipment described in the Schedule of Equipment shall be provided to the MUNICIPALITY upon three (3) hours notice of oral notification.

4, To furnish all fuel, anti-freeze, operator(s) and necessary operating attachments.

5. The CONTRACTOR shall permit the MUNICIPALITY to review all records relating to labor and equipment utilized under the terms of this agreement.

6. The CONTRACTOR is responsible for all costs incurred in the delivery and return of the equipment.

7. Pursuant to Township Policy, the Contractor will be responsible for the repair and/or replacement of any mailbox damaged by physical contact from the Contractor's snow plowing equipment. The Contractor will not be responsible for mailbox damage caused by the accumulation of windrows of snow.

8. When accepted by the MUNICIPALITY, this proposal will constitute a contract binding on the CONTRACTOR, their executors, administrators, successors or assignees.

9 Accompanying this proposal is a certified check or bid bond payable to the MUNICIPALITY in the amount of

10%

, as a proposal guarantee which, it is understood, will be forfeited in the event the CONTRACTOR is awarded the contract and fails to provide the necessary performance bond, as required in Paragraph 10.

10 The successful bidder shall, within 15 days of the award of the contract, submit a guarantee of performance of the terms of the contract in the form of a bond or certified check payable to the MUNICIPALITY in the amount of 100%. A Performance Bond shall be on the attached form (MS-970) or its equivalent.

If a certified check is submitted, it will be forfeited to the MUNICIPALITY to cover any added costs to the MUNICIPALITY in the event it determines by written notice to the CONTRACTOR that any equipment was not C-1 available when needed or that its performance was unsatisfactory.

MS-970

D. CERTIFICATION. (To be completed by the bidder.)

1. The only person(s) having an interest in this proposal, including owners of equipment leased by the CONTRACTOR is (are).

(NAME) (ADDRESS)

(NAME) (ADDRESS)

(NAME) (ADDRESS)

2. None of the above persons are employees of the MUNICIPALITY.

3. The CONTRACTOR has provided Workmen's Compensation Insurance for the operators of this equipment to be provided under the terms of this contract. (Where required by Law.)

4. The CONTRACTOR will comply with all the requirements of the laws and implementing regulations of the Commonwealth of Pennsylvania and of the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

5. All equipment bid on is of a size and/or capacity at least as great as indicated in Col. C of the Schedule of Equipment.

6. Within 15 days of acceptance by the MUNICIPALITY, the CONTRACTOR will provide the MUNICIPALITY with the Payment Bond, Certificate of Insurance, Public Works Employment Verification Form, and Workman's Compensation Act Affidavit described in Paragraph 6(B) of the Instructions for Equipment Rental Winter Snow Removal Bidders.

7. The CONTRACTOR shall purchase and maintain the insurance coverages described in Attachment 1-A attached hereto and made a part thereof.

WITNESSED OR ATTESTED BY:

OWNER

BY:

TITLE: TITLE:

(SEAL) (SEAL)

E. ACCEPTANCE. (To be completed by appropriate Municipal Officers only in the event the above proposal is accepted.)

ACCEPTED ON

(DATE)

ATTESTED BY:

BY:

Sandra Brookley Zadell, Secretary Katherine Carter, President

(SEAL)

C-2

MS-970 ( 6-99 )

SCHEDULE OF EQUIPMENT

BID ITEM

C. DESCRIPTION OF EQUIPMENT

INCLUDING SIZE AND/ OR CAPACITY

D. ESTIMATE D

HOURS

OF USE

5.

6.

12.

I certify that the equipment described above will be made available to the MUNICIPALITY and meet all terms described in the agreement to which this schedule is attached.

(SIGN) CONTRACTOR

C-3

ATTACHMENT 1-A

Insurance

Upon award of this Contract, and as a condition precedent to any payment, the Contractor shall purchase and maintain the insurance coverages described below.

This insurance will provide a defense and indemnify the Township, but only with respect to liability for bodily injury, property damage and personal and advertising injury caused in whole or in part by the Contractor's acts or omissions or the acts or omissions of those acting on the Contractor's behalf.

Proof of this insurance shall be provided to the Township within fifteen (15) days of award of this Contract. To the extent that the Contractor subcontracts with any other entity or individual to perform all or part of the Contractor's work, the Contractor shall require the Subcontractors to furnish evidence of equivalent insurance coverage in all respects, terms and conditions as set forth herein, prior to the commencement of work by the Subcontractor. In no event shall the failure to provide this proof, prior to the commencement of the Work, be deemed a waiver by the Township of Contractor's or the Subcontractor's insurance obligations set forth herein.

In the event that the insurance company(ies) issuing the policy(ies) required hereunder deny coverage to the Township, the Contractor or the Subcontractor will, upon demand by the Township, defend and indemnify the Township at the Contractor's or Subcontractor's expense.

The Contractor accepts, for purposes of the work under this contract, the provision of the Pennsylvania Workmen's Compensation Act, 77 P.S. § 1, et seq., and any reenactments, supplements or amendments thereto (the "Act"). The Contractor will insure its liability thereunder, in accordance with the Act. To the extent that the Contractor subcontracts with any other entity or individual to perform all or part of the Contractor's work, the Contractor shall require the Subcontractor to accept, for purposes of the work under this Contract, the provisions of Act and for the Subcontractor to insure its liability thereunder, in accordance with the Act.

(1) MINIMUM LIMITS OF LIABILITY

The Contractor must maintain the required insurance with the carrier rated A+ or better by A M. Best. The Contractor shall maintain at least the limits of liability as set forth below:

Commercial General Liability Insurance.

$1,000,000 Each Occurrence Limit (Bodily Injury and Property Damage) $2,000,000 General Aggregate per Project

C4

$2,000,000 Products/Completed Operations Aggregate

$1,000,000 Personal and Advertising Injury Limit Business or Commercial Automotive Liability Insurance $1,000,000 Combined Single Limit per Accident

Workmen's Compensation and Employer's Liability Insurance

$100,000 Each Incident.

$100,000 Each Employee for Injury by Disease.

$500,000 Aggregate for Injury by Disease

Excess or Umbrella Liability (to overlay Employer's Liability, Automotive Liability, and Commercial Liability coverages)

$1,000,000 occurrence/aggregate

(2) ADDITIONAL INSURED STATUS AND CERTIFICATE OF INSURANCE

The Township, along with its representatives, agents and employees, shall be named as additional insured for Ongoing Operations and Products/Completed Operations on the Contractor's and any Subcontractor's Commercial General Liability Policy, which must be primary and noncontributory with respect to additional insureds. This insurance shall remain in effect, as set forth below, in the "Continuation of Coverage" provision.

It is expressly understood by the parties to this Contract that it is the intent of the parties that any insurance obtained by the Township is deemed excess, noncontributory and not co-primary in relation to the coverage(s) procured by the Contractor, the Subcontractor or any of their respective consultants, officers, agents, subcontractors, employees, or anyone directly or indirectly employed by any of them, or by anyone whose acts any of the aforementioned may be liable by operation of statute, government regulation or applicable case law.

To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause shall be added to the General Liability, Automobile and Workers Compensation policies in favor of the Township and this clause shall apply to the Township's representatives, agents and employees with respect to all projects during the policy term.

C5

Within fifteen (15) days of award of this Contract, Contractor shall submit a Certificate of Insurance in favor of the Township and an Additional Insured Endorsement (in a form acceptable to the Township) as required hereunder. This Certificate shall provide for 30 (thirty) days notice to the Township for cancellation or any change in coverage. Copies of insurance policy shall promptly be made available to the Township, upon request.

(3) NO LIMITATION ON LIABILITY

With regard to any and all claims against the additional insured by any employee of the Contractor or Subcontractor, anyone directly or indirectly employed by the Contractor or Subcontractor or anyone for whose acts the Contractor or Subcontractor may be liable, the indemnification obligation shall not be limited by any limitation on the amount of types of damages, compensation or benefits payable by or for the Contractor or Subcontractor under Workmen's Compensation acts, disability benefit acts or other employee benefit acts.

(4) CANCELLATION, RENEWAL AND MODIFICATION

The Contractor shall maintain in effect the insurance coverages required under this Contract at the Contractor's sole expense and with insurance companies acceptable to the Township until final completion and acceptance of the entirety of the Contract work. In the event the Contractor fails to obtain or maintain any insurance coverage required under this Contract, this shall be considered a material breach of this Contract, entitling the Township, at its sole discretion, to purchase such equivalent coverage as desired for the Township's benefit and charge the expense to the Contractor, or, in the alternative, exercise all remedies otherwise provided in the Contract, or as permitted by law or equity,

(5) CONTINUATION OF COVERAGE

The Contractor shall continue to carry Completed Operations Liability Insurance for at least three (3) years after either ninety (90) days following Substantial Completion of the work or final payment to the Contractor, whichever is later. The Contractor shall furnish the Township evidence of such insurance at final payment and in each successive year during which the insurance coverage must remain in effect.

(6) ACKNOWLEDGEMENT OF REFERRAL OF THIS PROVISION TO THE CONTRACTOR'S INSURANCE AGENT OR BROKER

The Contractor represents that it has provided a copy of the "Insurance Provisions" to his insurance agent and/or broker, and that the Contractor has instructed the agent/broker to provide insurance in full compliance with the terms and conditions herein.

C6

BID BOND

KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned _ as PRINCIPAL, and as SURETY are held and firmly bound unto hereinafter called the "Township", in the sum of

Dollars ($ ) lawful money of the United States, 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 THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated , 20 , for

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified after the opening of the same, or if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefore, or, if no period be specified within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Township/Borough in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Authority the difference between the amount specified in said Bid and the amount for which the Township/Borough may procure the required work or supplies or both, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

In the event that Bidder defaults in any of its undertakings herein assumed, including without limitation, its obligation to execute and deliver the Agreement prescribed and to furnish the bond required within ten (10) days after the Agreement is presented to it for signature, the Bidder hereby empowers any Prothonotary attorney of any Court of Record to appear for Bidder in any and all actions which may be brought for damages or other charges or expenses resulting from any default and/or to sign for Bidder an Agreement for entering in any competent Court an amicable action or actions for the recovery of such damages or other charges or expenses, and in said suits or in said amicable action or actions, to confess judgment against Bidder for all or any part of the damages resulting as aforesaid, and for interest and costs together with an attorney's commission of five percent (5%). Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as1 often as any such damages accrue.

The remedies herein above given to the TOWNSHIP and all rights and remedies given to it by law and equity shall be cumulative and concurrent.

D1

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals of 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.

In Presence of:

(SEAL)

Individual Principal

Business Address

Individual Principal

Corporate Principal

By

(Affix Corp.

Seal)

ATTEST :

ATTEST :

Corporate Surety

Countersigned

By :

Attorney-in-fact, Commonwealth of Pennsylvania

By: (Affix Corp .

Seal)

(Power of attorney for person signing for Surety Co. must be attached to bond.)

D2

CERTIFICATE AS TO CORPORATE PRINCIPAL

, I - - - - - - - - - - - - - - - - - -

, certify that I am the _

Secretary of the corporation named as Principal in the within bond; that

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , who signed on behalf of the Principal, was then

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of said corporation; that I know his signature, and his signature thereto is genuine, and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.

(Corporate Seal)

Title

D3

STATEMENT OF QUALIFICATIONS

EQUIPMENT RENTAL FOR WINTER SNOW REMOVAL BIDDERS

All questions must be answered, and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate, attached sheets. The Bidder may submit any additional information he desires.

1. Name of Bidder.

2. Bidder's permanent main office address.

3. When organized.

4. If a corporation, where incorporated.

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.)

7. General character of work performed by your company.

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

9. Have you ever defaulted on a contract? If so, where and why?

10. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed.

11. List your major equipment to be used for this contract.

12. List your experience in Equipment Rentals in Pennsylvania. List a minimum of three successfully completed projects, and their dates of completion.

13. List the background and experience of the principal members of your organization directly responsible for your Equipment Rental projects.

14. Credit available: $------ --- E1

STATEMENT OF QUALIFICATIONS EQUIPMENT RENTAL FOR WINTER SNOW REMOVAL BIDDERS

15. Bank reference:

16. Will you, upon request, complete a detailed financial statement, and furnish any other information that may be required by the "Owner" of this contract?

17. (A) Have you ever been a party to, or otherwise involved in, any action or legal proceeding involving matters related to race, color, nationality, or religion? If so, please give full details.

(B) Have you ever been accused of discrimination based upon race, color, nationality, or religion in any action or legal proceeding related to any Federal Agency? If so, please give full details.

18. All prospective bidders are required to present proof of an acceptable disposal method approved by the Pennsylvania Department of Environmental Resources. This proof may consist of a copy of a State Solid Waste Disposal Permit issued to the prospective bidder by the Pennsylvania Department of Environmental Resources for the use of a proposed or existing disposal facility which has a permit or is under review for a permit. Same to be in accordance with Section 7(a) application and permits, Pennsylvania Solid Waste Management - "Act 241."

19. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the "Owner" in verification of the recitals comprising this Statement of Bidder's Qualifications.

Dated this _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ 20 .

Name of Bidder By:

Title:

Date:

E2

STATEMENT OF QUALIFICATIONS EQUIPMENT RENTAL FOR WINTER SNOW REMOVAL BIDDERS

COMMONWEALTH OF PENNSYLVANIA: COUNTY OF MONTGOMERY

SS:

On this, the day of personally appeared

, 20 , before me, a Notary Public, who acknowledged himself/herself to be the

answers to the foregoing questions and all statements therein contained are true and correct.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Notary Public

E3

ANTI-COLLUSION AFFIDAVIT

DEPARTMENT OF TRANSPORTAHOI\

County Municipality

Montgomery

Upper Gwynedd Township

State of County of

Project Number

Fed. Project No. _ (If Applicable)

The undersigned deponent deposes and says that he is the of the Company; that he is authorized to make this affidavit on behalf of said company in compliance with section 102.06 (e) of Department Specifications, Publication 408, as amended and that the said company has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(Contractor)

BY

Sworn to and subscribed before me the undersigned notary public this day of

Notary Public

My Commission Expires

F1

MS-970 (6-99)

PERFORMANCE BOND

(With Corporate Surety)

Attachment # 2

KNOW ALL MEN BY THESE PRESENTS, That we, as Principal and a corporation incorporated under the laws of the State of as Surety, are held and firmly bound unto in the full and just sum of $

() dollars lawful money of the United States of America, to be paid to the above

Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above Municipality, bearing even date herewith, for the undertaking of certain obligations as therein set forth, NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal, as Contractor, shall in all respects comply with and faithfully perform the terms and conditions of said contract, including the Specifications and conditions referred to and made a part thereof, and such alterations as may be made in said Specifications as therein set forth, then this Obligation shall be void, but otherwise the same shall be and remain in full force, virtue and effect.

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

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

( DATE OF BOND)

(Seal)

Attest I Witness

CONTRACTOR

BY:

TITLE TITLE:

(Seal) Attest I Witness

SURETY COMPANY

BY:-

TITLE TITLE:

G-1

PAYMENT BOND

pennsylvania DEPARTMHH or 1RANS.PORTAT10t-- KNOW ALL MEN BY THESE PRESENTS, that we as PRINCIPAL and

payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

for approximately the sum of: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ($ ) dollars.

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

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

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

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

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

(Seal) WITNESS: #REF!

CONTRACTOR

BY:

TITLE:

(Seal)

WITNESS:

TITLE:

SURETY COMPANY

TITLE: TITLE:

H1

DEPAFH MENT OF THANSPOIHA1 !Of\

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN'S COMPENSATION ACT

State of ss:

County of he has being duly sworn according to law deposes and says that they have it has accepted the provisions of the Workmen's Compensation Act of 1915 of the Commonwealth of Pennsylvania, with has his its supplements and amendments, and have insured their liability thereunder in accordance with the terms of said its

Act with

(SURETY COMPANY)

( TYPE OR PRINT) CONTRACTOR

BY

SIGNATURE

Sworn to and subscribed before me this day of A.D. 20

SIGNATURE

My Commission Expires (DATE)

I1

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date

Business or Organization Name (E mpl oye r) _

Address City State _ Zip Code

O cont racto r DSubcontractor (check one) Contracting Public Body Contract/Project No _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Project Description _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Project Location

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act ('the Act') through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

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

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

Authorized Representative Signature

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POLICYHOLDER DISCLOSURE

NOTICE OF TERRORISM INSURANCE COVERAGE

The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. The Act provides that to be certified an act of terrorism the event must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States.

Coverage for acts of terrorism is already included in your current bond. In accordance with the federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage for terrorist acts certified under that Act.

DISCLOSURE OF PREMIUM

Your current bond includes coverage for terrorist acts certified under the Act for no additional premium.

DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES

The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention.

B-876 (01/03)

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