1-2027 Street Signs Specifications.pdf

BOROUGH OF WEST CHESTER

BID SPECIFICATIONS

FOR

2027 STREET SIGNS

WEST CHESTER, CHESTER COUNTY, PA

ADVERTISEMENT FOR BID

Sealed bids will be received online by the Borough of West Chester via PennBid for the contracts listed below until Tuesday, November 3, 2026 at 10:00 A.M., at which time they will be opened online and publicly posted via PennBid. All documents and solicitations details are available online anytime at no cost at PennBid™ (www.pennbid.bonfirehub.com). Note, PennBID assesses a fee to the bidder who is issued the award. Click on the “Solicitations” and “View” tabs.

2027 LANDSCAPING

2027 RAIN GARDEN MAINTENANCE

2027 SHADE TREE PLANTING

2027 TREE MAINTENANCE

2027 STREET SIGNS

2027 TRAFFIC SIGNAL MAINTENANCE

2027 GENERATOR MAINTENANCE

There will not be a Pre-Bid Meeting. Bidders shall submit all questions about the meaning or intent of the Bidding Documents via the “Messages/Vendor Discussions” feature in PennBid no later than seven

(7) days prior to the date for receipt of bids. If prospective bidders wish to visit the site(s) please schedule an appointment with Don Anderson, Public Works Director, at danderson@west-chester.com.

These contracts will include maintenance for West Chester Borough for a period of up to three (3) years.

Each bid must be accompanied by a certified check drawn to the order of the Borough of West Chester, or a Bid Bond in favor of the Borough of West Chester in the amount of 10% of the bid price. Said check or bond shall be subject to the conditions provided in the Instructions to Bidders. Only bonds from companies licensed to do business in the State where the Owner is located will be accepted and the bond shall so state same.

Bids must be submitted unconditionally. No bid may be withdrawn within twenty-four (24) hours prior to the time of the bid opening or within sixty (60) days after the date of the bid opening.

A contract may be awarded to the lowest responsible bidder. The Borough of West Chester reserves the right to reject any, and all bids and to waive any bidding informalities.

SPECIFICATIONS

A. Bid Submission Requirements

1. Inspection of Project and Location

All bidders must thoroughly familiarize themselves with the scope of work and existing conditions prior to bidding. Prospective bidders may visit the site(s) by scheduling an appointment with Don

Anderson, Public Works Director, at danderson@west-chester.com.

2. Bid Bond

Bids must be accompanied by a certified check, bid bond, or irrevocable letter of credit in the amount of ten percent (10%) of the total bid amount.

3. Non-Collusion Affidavit

Each bid must be accompanied by a completed, signed, and notarized Non-Collusion Affidavit.

4. Bidder Qualification Statement

Each bid must be accompanied by a completed Bidder Qualification Statement, with all necessary supporting documentation.

5. Bid Form

The Bid Form is located on the Bid Tab on PennBid – https://pennbid.bonfirehub.com. All bids must be submitted online via PennBid.

6. References

Each bid must be accompanied by a list of references. References should include the company/business name, contact person, and contact phone number. This information can be provided in the Bidder Qualification Statement.

7 Insurance

A. Throughout the life of this Agreement, the Bidder shall pay for and maintain in full force and effect with an insurance company(ies) admitted by the Pennsylvania Insurance Commissioner to do business in the Commonwealth of Pennsylvania and rated not less than A in the most current available Best's Key Rating Guide (Property-Casualty), the following policies of insurance:

1. Commercial General Liability (“CGL”) insurance on an occurrence basis covering claims of personal injury and property damage resulting from the Independent Contractors performance of the work under this Agreement. CGL insurance shall initially have personal injury liability of not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) for each occurrence and a One Million Dollars and No Cents ($1,000,000.00) minimum aggregate amount. CGL insurance shall also initially have property damage liability that provides for not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) for each occurrence and a One Million Dollars and No Cents ($1,000,000.00) minimum aggregate amount. The above CGL insurance policy limits shall be subject to increase from time to time as Borough may reasonably request.

2. Automobile liability insurance covering bodily injury and property damage of not less than

Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limits.

3. Statutory Workman’s Compensation and employer’s liability insurance.

B. All policies of insurance required hereunder shall be endorsed to Borough of West Chester, its officers, agents, Council, elected officials and employees as additional insureds. Specifically, Bidder’s CGL insurance policy shall name the Borough, its officers, agents, Council, elected officials and employees as an additional insured under ISO endorsement CG 20 26 07 04 or non

ISO equivalent. A copy of ISO endorsement CG 20 26 07 04 is attached hereto

C. Each insurance policy shall be endorsed to state that coverage shall not be changed or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Borough.

D. Regardless of the minimum insurance requirements herein, the Independent Contractor shall agree to commit the Bidder’s full policy limits and these minimum requirements shall not restrict the Bidder’s liability or coverage limit obligations.

E. The Bidder shall furnish the Borough of West Chester with certificates of insurances, the requisite endorsements, and schedules to its insurance policies listing the Borough as an additional insured for all required insurance, prior to the Bidder’s execution of the Agreement and the start of work.

F. Upon notification of receipt by Borough of West Chester of a Notice of Cancellation, major change, modification or reduction in coverage, the Bidder shall immediately file with the

Borough of West Chester a certified copy of the required new or renewal policy, certificates for such insurance, endorsements and other documentation as required pursuant to Section 7(E) of this Agreement.

G. If at any time during the term of this Agreement, or any extension thereof, the Independent

Contractor fails to maintain the required insurance in full force and effect, all work under this

Agreement shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for the Borough of West Chester to terminate this Agreement immediately upon written notification to the Bidder.

8. Indemnification

Contractor, for itself, its successors and assigns, hereby agrees to indemnify, defend and hold harmless the Borough of West Chester Borough and the Borough’s officers, directors, employees, elected officials, successors and assigns from and against any and all losses, liabilities, claims, demands, causes of action, damages, costs, including attorneys’ fees, and expenses of every kind and nature, whether or not covered by insurance, arising out of, resulting from or caused by, in whole or part, any negligent act, error, omission or willful misconduct on part of Contractor, its agents, employees and/or subcontractors in connection with this Agreement, including but not limited to, those in connection with loss of life, bodily injury, personal injury, damage to property, contamination or adverse effects on the environment, any liability for fines, fees or penalties for violations of any statutes, ordinances, codes, rules, regulations or standards applicable to the services performed by Contractor, its agents, employees and/or subcontractors. This obligation to indemnify, defend and hold harmless the Borough of West Chester, and the Borough’s officers, directors, employees, elected officials, successors, and assigns, shall survive the termination of this

Agreement.

9. List of Subcontractors

No subcontractors are permitted under this contract.

10. Performance and Payment Bond

Each bid must be accompanied by proof, from firm qualified to issue bonds in Pennsylvania, that the Contractor will be able to supply a performance and payment bond equal to one hundred percent (100%) of the bid amount for the term of the award within ten (10) days of the bid award.

B. Instructions to Bidders

1. This “Instructions to Bidders” (“ITB”) constitutes only an invitation to submit responsive and responsible bids to the Borough of West Chester, County of Chester, Commonwealth of

Pennsylvania, herein referred to as the “Borough”.

a. Notwithstanding any other provisions of this ITB, the Borough reserves the right:

1. to determine, in its sole discretion, whether any aspect of a bid satisfactorily meets the criteria established in this ITB

2. to request additional information from any bidder to investigate and ascertain the bidder's capability, reliability, and responsibility to perform this Contract

3. to waive immaterial defects in any bid

4. to reject any or all bids with or without cause

5. to reject any bid which does not comply with this ITB

6. to re-advertise for new bids

7. to reject any bid which appears to be unbalanced, fraudulent, deceptive, misleading, unfair, not in good faith, or which takes undue advantage of the Borough or the Contract; and

8 to take any action which the Borough deems appropriate.

b. The Borough intends to take action and select one bid which, in the sole opinion of the

Borough Council, is the lowest most responsible bid.

c. The procedures set forth in this ITB are for the convenience of the Borough only and shall not give rise to any right in any person.

d. In the event that a contract is not awarded for any reason or that this bid is withdrawn for any reason, the Borough shall have no liability to any bidder for any costs or expenses incurred or lost profits in connection with this bid or transactions contemplated by this ITB, or otherwise.

e. No proposal will be considered from any person, firm or corporation, who has defaulted in the performance of any previous contract or agreement made with the Borough.

2. Bid Documents

Bid documents consist of this document, including all exhibits, as well as the online bid form.

3. Bid Security

Bid security in the amount of ten percent (10%) of the Total Amount of Bid shall accompany all bid proposals. The required security must be in the form of a certified or bank cashier’s check made payable to the Borough, irrevocable letter of credit, or a bid bond issued by a surety licensed to conduct business in the Commonwealth of Pennsylvania. The Bid Security of the successful bidder will be retained until the bidder has executed the agreement and furnished the required Contract

Security, whereupon it will be returned. If the bidder fails to execute and deliver the Contract and furnish the required Contract Security within ten (10) days of the Notice of Award, the Borough may annul the Notice of Award and the Bid Security of that bidder will be forfeited. The Bid

Security of any bidder who the Borough believes to have a reasonable chance of receiving the award may be retained by the Borough until the earlier of the seventh day after the executed

Contract is delivered by the Borough to the Contractor and the required Contract Security is furnished or the sixty-first (61) day after the Bid Opening, Bid Security of other bidders will be returned within fourteen (14) days of the Bid.

4. Late Bids

Late bids will not be accepted.

5. Withdrawal of Bids

Each and every bidder who submits a bid specifically waives any right to withdraw that bid for sixty

(60) days, unless the bidder submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error or any unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid;

provided, that: (1) notice of a claim of the right to withdraw such bid is made in writing with the contracting body within two business days after the opening of bids; and (2) the withdrawal of the bid would not result in the awarding of the contract on another bid of the same bidder, his partner or to a corporation or business venture owned by or in which he has a substantial interest. No bidder who is permitted to withdraw a bid shall supply any material or labor to, or perform any subcontract or other work agreement for any person to whom a contract or subcontract is awarded in the performance of the contract for which the withdrawn bid was submitted; without the written approval of the contracting body; all in accordance with the provisions of Pennsylvania

Act 4 of 1974, as found at 73 P.S. Section 1602 et seq, regarding Public Contracts - Withdrawal of

Bids.

6. Information and Submission Irregularities

Proposals or bids which contain erasures, alterations, conditional bids, omissions, or irregularities of any kind may be rejected.

7. Addenda

Any inquiries regarding this Bid must be submitted online via PennBid. Any additional information, deletions, or clarifications will be sent to all potential Bidders as a written addendum to the Specifications, and as such shall become an integral part of the Specifications and subsequent contract.

8. Changes

The Borough reserves the right to waive, change, add, or delete any terms or conditions of this

Bid. The Borough reserves the right to reject any or all proposal or portions of proposals submitted in response to this Bid. All Bids become the property of the Borough. The Borough reserves the right to use, for its benefit, ideas contained in the proposals submitted. The Borough is not liable for any costs or any damages that may be incurred by a Contractor(s) or prospective Contractor(s) in the preparation, formulation, or presentation of a proposal(s). In case of ambiguity or lack of clarity, Borough may adopt such interpretations as may be advantageous to Borough. The

Borough may, in its discretion, request Contractors to make an oral presentation to Borough and/or its designee(s) in support of their proposals.

9. Quantities

It shall be noted that the quantities listed herein are estimates, and as such may either increase or decrease as the needs of the Borough dictate. The Borough will pay for only those services specifically requested and received.

10. Bonds

a. In accordance with the Pennsylvania Codified Statutes, Contractor at its expense, will furnish a performance and payment bond, or performance escrow account, to the Borough equaling one hundred percent (100%) of the full amount of this Agreement. Failure to fully perform the

Specifications will result in the forfeiture of these funds to the Borough.

b. In accordance with the Pennsylvania Codified Statutes, Contractor at its expense, will furnish a labor and material bond, or labor and material escrow account, to the Borough equaling one hundred percent (100%) of the full amount of this Agreement.

11. Determination

The Borough shall use the following criteria to determine the lowest responsible and responsive

Bidder meeting the Specifications (list not in order of priority):

a. Lowest cost.

b. Proposed methods of servicing the contract.

c. Effectiveness and timeliness of proposed methods of service provision.

d. Contractor qualifications, for both personnel and firm.

e. Demonstrated ability to effectively perform specifications in Bid.

12. Contract Award

The contract will be awarded upon consideration of the “Base Bid” amount. Bid Alternates No. 1 and No. 2 will only be considered if the Owner exercises their right to extend the contract for additional years after the Base Bid period.

C. General Conditions

1. Payments

a. The Contractor shall submit an invoice monthly for services performed the previous month.

b. The Borough will process approved invoices for payment within thirty (30) days. Payments will be processed in accordance with the Borough’s warrant report schedule. Payments are subject to Director of Public Works approval.

c. The Borough reserves the right to withhold payment to Contractor or to require Contractor to return payments, or parts therefore, received from the Borough in the event the Contractor’s performance does not comply with the provisions of these Specifications, or does not comply with applicable local, state, or federal standards, regulations, or policies.

d. Contractor agrees to return any unearned amounts paid by the Borough within thirty (30) days of each notice to Contractor that amounts paid are to be refunded to Borough.

e. The Borough is exempted from Federal Excise and State Sales Tax; therefore, tax must not be included in this Bid.

f. Invoices shall be sent directly to:

Borough of West Chester

Finance Department

401 East Gay Street

West Chester, Pennsylvania 19380

2. Restriction Regarding Borough and its Employees and Agents

It is understood that the employees of the Borough or individuals acting as agents of the Borough are not authorized to receive any type of personal payment, reimbursement, compensation, commission, gratuity, or gift for services provided under any agreement, or as in relation to the bid process, between the Borough and Contractor. Contractor warrants that no employee or agent of the Borough has been or will be retained to solicit or secure any agreement witnessed and that

Contractor has not paid or agreed to pay and will not pay or agree to pay any employee of the

Borough any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the making of any agreement with the Borough or as an inducement for entering into any agreement with the Borough. The unauthorized offering or receipt of such payments may result in the immediate termination of any agreement between the Borough and Contractor.

3. Subcontractors

No Subcontractors are permitted under this contract.

D. Special Conditions

1. Contract Period

This contract is for services for a period of one (1) year. The contract period will be January 1, 2027 through December 31, 2027. The Owner reserves the right to extend this contract at the end of Year One (December 31, 2027) or Year Two (December 31, 2028) for the bid amounts listed as Bid Alternate No. 1 and Bid Alternate No. 2.

The Borough will notify the contractor in writing within 60 days prior to the expiration of the current term if the contract is to be extended.

2. Qualifications

Contractor must have been in business for a minimum of five (5) years and have a minimum of three (3) years’ experience specific to the work in this contract. Three to five current references are required.

3. Locations of Service

The locations of service are indicated below in Section E. Project Specifications.

4. Equipment and Supplies

All labor, materials, supervision, equipment, and supplies required for the performance of this work shall be furnished and maintained by Contractor.

E. Project Specifications

1. All signs shall conform to the regulations and design standards set forth in the most recent issue of the Manual on Uniform Traffic Control Devices (MUTCD) as published by the Federal Highway

Administration (FHWA). All manufacturers shall be PennDOT approved for manufacture of traffic signs.

2. Each bidder shall submit the unit cost for each type of sign listed. The type and quantity of signs will be delivered as needed and as requested by the Director of Public Works during the year.

3. Sign blanks shall be made of .080-gauge aluminum and shall conform to all State specifications as to size and finish.

4. All signs sheeting shall be equal to ASTM D4956, Type III “High Intensity”, applied to the sign in accordance with prevailing standards, unless stated otherwise. All graphics, lettering and borders shall have crisp edges and are to be positioned evenly on the sign face.

5. All posts shall be 1 ¼” U-Channel two-piece lap splice breakaway system ground post shall be 3’6” long 2 lbs. per lineal foot upright post shall be 10’ long 2 lbs. per lineal foot both painted green with holes 1” centers. Lap Splice Bar shall be ½” wide x ¾ thick x 5” with two 1-1/2” grade 9 bolts and self-locking flange nuts, two grade 9 cut washers as hardware.

6. The sign designations in the Bid Form refer to the signs shown in Garden State Highway Products, Inc.’s catalog, latest revision.

7. Delivery for all standard signs shall be within seven (7) days of the order date; special order signs shall be within fifteen (15) days.

8. Street Name Signs shall be white letters on green background, both 6-inch capital and 4.5-inch lower case, on .090 gauge extruded 9” aluminum blanks. All letters including suffixes and prefixes, shall be 6” Ser. B, High Intensity 3M letters or equal. All blanks are chemically treated to meet

ASTM B449 specifications as pre-treatment for reflective sheeting. The extruded sign blanks shall be punched with two holes on both top and bottom, 3-1/” on center, to match the sign mounting bracket. Letters shall be computer cut and spaced, not manually positioned die cut letters.

9. The mounting brackets (caps & Crosses) shall be equal to Hall’s 990 SUPR-LOK. Bolts shall be equal to Hall’s VPA12 Vandal-Proof Aluminum bolt.

END OF TECHNICAL SPECIFICATIONS

BID FORM

WEST CHESTER BOROUGH

CHESTER COUNTY, PENNSYLVANIA

ITEM

NO. QTY/UNIT DESCRIPTION

UNIT

PRICE TOTAL

BASE BID (2027)

1 30 EA R1-1. 30” x 30”

____________________________DOLLARS $ $

2 3 EA R1-2. 30” x 30” x 30”

____________________________DOLLARS $ $

3 4 EA R1-3. 12” x 6”

____________________________DOLLARS $ $

4 10 EA R1-4. 18” x 6”

____________________________DOLLARS $ $

5 4 EA R3-1. 24” x 24”

____________________________DOLLARS $ $

6 4 EA R3-1P. 24” x 18”

____________________________DOLLARS $ $

7 4 EA R3-7L. 30” x 30”

____________________________DOLLARS $ $

8 4 EA R3-2. 24” x 24”

____________________________DOLLARS $ $

9 4 EA R3-2P. 24” x 18”

____________________________DOLLARS $ $

10 4 EA R3-7R. 30” x 30”

____________________________DOLLARS $ $

11 4 EA R5-1. 30” x 30”

____________________________DOLLARS $ $

12 4 EA R5-2. 24” x 24”

____________________________DOLLARS $ $

13 4 EA R5-2P. 24” x 28”

____________________________DOLLARS $ $

14 10 EA R6-1R. 36” x 12”

____________________________DOLLARS $ $

15 10 EA R6-1L. 36” x 12”

____________________________DOLLARS $ $

16 4 EA R9-3. 18” x 18”

17 5 EA R7-1. 12” x 18”

____________________________DOLLARS $ $

18 5 EA R7-2. 12” x 18”

____________________________DOLLARS $ $

19 5 EA R7-6. 12” x 18”

____________________________DOLLARS $ $

20 5 EA R7-14. 12” x 18”

____________________________DOLLARS $ $

21 5 EA R7-25. 12” x 18”

____________________________DOLLARS $ $

22 5 EA R7-35. 12” x 18”

____________________________DOLLARS $ $

23 10 EA R7-8. 12” x 18”

____________________________DOLLARS $ $

24 10 EA R7-8F. 12” x 18”

BID ALTERNATE NO. 1 (2028)

A1.1 30 EA R1-1. 30” x 30”

____________________________DOLLARS $ $

A1.2 3 EA R1-2. 30” x 30” x 30”

____________________________DOLLARS $ $

A1.3 4 EA R1-3. 12” x 6”

____________________________DOLLARS $ $

A1.4 10 EA R1-4. 18” x 6”

____________________________DOLLARS $ $

A1.5 4 EA R3-1. 24” x 24”

____________________________DOLLARS $ $

A1.6 4 EA R3-1P. 24” x 18”

____________________________DOLLARS $ $

A1.7 4 EA R3-7L. 30” x 30”

____________________________DOLLARS $ $

A1.8 4 EA R3-2. 24” x 24”

A1.9 4 EA R3-2P. 24” x 18”

____________________________DOLLARS $ $

A1.10 4 EA R3-7R. 30” x 30”

____________________________DOLLARS $ $

A1.11 4 EA R5-1. 30” x 30”

____________________________DOLLARS $ $

A1.12 4 EA R5-2. 24” x 24”

____________________________DOLLARS $ $

A1.13 4 EA R5-2P. 24” x 28”

____________________________DOLLARS $ $

A1.14 10 EA R6-1R. 36” x 12”

____________________________DOLLARS $ $

A1.15 10 EA R6-1L. 36” x 12”

____________________________DOLLARS $ $

A1.16 4 EA R9-3. 18” x 18”

A1.17 5 EA R7-1. 12” x 18”

____________________________DOLLARS $ $

A1.18 5 EA R7-2. 12” x 18”

____________________________DOLLARS $ $

A1.19 5 EA R7-6. 12” x 18”

____________________________DOLLARS $ $

A1.20 5 EA R7-14. 12” x 18”

____________________________DOLLARS $ $

A1.21 5 EA R7-25. 12” x 18”

____________________________DOLLARS $ $

A1.22 5 EA R7-35. 12” x 18”

____________________________DOLLARS $ $

A1.23 10 EA R7-8. 12” x 18”

____________________________DOLLARS $ $

A1.24 10 EA R7-8F. 12” x 18”

BID ALTERNATE NO. 2 (2029)

A2.1 30 EA R1-1. 30” x 30”

____________________________DOLLARS $ $

A2.2 3 EA R1-2. 30” x 30” x 30”

____________________________DOLLARS $ $

A2.3 4 EA R1-3. 12” x 6”

____________________________DOLLARS $ $

A2.4 10 EA R1-4. 18” x 6”

____________________________DOLLARS $ $

A2.5 4 EA R3-1. 24” x 24”

____________________________DOLLARS $ $

A2.6 4 EA R3-1P. 24” x 18”

____________________________DOLLARS $ $

A2.7 4 EA R3-7L. 30” x 30”

____________________________DOLLARS $ $

A2.8 4 EA R3-2. 24” x 24”

A2.9 4 EA R3-2P. 24” x 18”

____________________________DOLLARS $ $

A2.10 4 EA R3-7R. 30” x 30”

____________________________DOLLARS $ $

A2.11 4 EA R5-1. 30” x 30”

____________________________DOLLARS $ $

A2.12 4 EA R5-2. 24” x 24”

____________________________DOLLARS $ $

A2.13 4 EA R5-2P. 24” x 28”

____________________________DOLLARS $ $

A2.14 10 EA R6-1R. 36” x 12”

____________________________DOLLARS $ $

A2.15 10 EA R6-1L. 36” x 12”

____________________________DOLLARS $ $

A2.16 4 EA R9-3. 18” x 18”

A2.17 5 EA R7-1. 12” x 18”

____________________________DOLLARS $ $

A2.18 5 EA R7-2. 12” x 18”

____________________________DOLLARS $ $

A2.19 5 EA R7-6. 12” x 18”

____________________________DOLLARS $ $

A2.20 5 EA R7-14. 12” x 18”

____________________________DOLLARS $ $

A2.21 5 EA R7-25. 12” x 18”

____________________________DOLLARS $ $

A2.22 5 EA R7-35. 12” x 18”

____________________________DOLLARS $ $

A2.23 10 EA R7-8. 12” x 18”

____________________________DOLLARS $ $

A2.24 10 EA R7-8F. 12” x 18”

____________________________DOLLARS $ $

* Item Nos. A1 and A2 will be in effect only if the Owner exercises their right to extend the contract for those respective calendar years.

BID BOND

KNOW ALL MEN, that we as Principal and a Corporation authorized to transact business in Pennsylvania, and having its principal office at as Surety, are held and firmly bound unto the Borough of West Chester, as Obligee, in the sum of

_____________________________________________________ Dollars ($___________________ ), lawful money of the United States of America, for payment of which we bind ourselves, and each of our respective heirs, legal representatives, successors and assigns, jointly and severally, by these presents, on this _________________ day of_________________________________

Whereas, the said Principal is to submitting to the Obligee a proposal to perform the work of ________________________________ for the Obligee pursuant to contract documents incorporated into said proposal, and it is a condition of the Obligee’s receipt and consideration of said proposal, that the proposal be accompanied by bid security to be held by the Obligee on terms embodied herein.

Therefore, the condition of this obligation is that if said Principal shall, upon the Obligee’s acceptance of his proposal and award of a contract to him, enter into such contract and furnish performance and maintenance and labor and material bonds and policies or certificates in all respects as required by said contract documents, within ten days after notice to him of such award, then this obligation shall be void. But otherwise it shall remain in full force, and the Principal and Surety will pay to the Oblige the difference between the amount of the Principal’s accepted bid and any higher amount for which the Obligee may contract for the required work, plus any advertising, Engineer and/or legal and other expenses incurred by the Obligee by reason of the default (--provided that the Surety’s obligation hereunder shall not exceed the face amount of this bond--); or, in case the Obligee should not, within sixty (60) days after bid opening.

procure an executed contract with any other party for performance of the same work (--on the same terms, other than price, as provided in the aforementioned contract documents--) whether because of lack of other bids or inability or refusal of any other bidder to contract, or because cost of the project under any higher bid would be greater than the Obligee can afford (--as determined in the Obligee’s sole. bonafide discretion- -), then the Principal and the Surety will pay to the Obligee the full face amount of this bond as liquidated damages. (The Principal, in singular, masculine form, shall include the plural, feminine and neuter, as may be appropriate to the Principal.)

IN WITNESS WHEREOF, the Principal and Surety, intending to be legally bound have executed this bond the day and year aforementioned.

(If Principal is an Individual)

_______________________ _____________________________ (Seal) (Witness) (Signature of Individual)

(If Principal is a Partnership)

_____________________________ (Seal) (Signature of Individual) . (Witness)

_____________________________ (Seal) (Signature of Individual) . (Witness)

_____________________________ (Seal) (Signature of Individual) . (Witness)

_____________________________ (Seal) (Signature of Individual) . (Witness)

(If Principal is a Corporation)

ATTEST:

(Name of Corporation)

(President or Vice President) (Secretary or Asst. Secretary) (Corporate Seal)

(Name of Surety)

(Attorney-in-fact)

(SEAL)

BIDDER QUALIFICATION STATEMENT

1. INTRODUCTION

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

B. This Bidder Qualification Statement is submitted with respect to the following project:

Project Name: ____________________________________________________

2. GENERAL INFORMATION

A. Name of Bidder: _____________________________________________________

B. Address of Bidder: ____________________________________________________

C. Telephone of Bidder: __________________________________________________

D. Email address of Bidder: _______________________________________________

3. ORGANIZATION BACKGROUND

A. Type of Organization:

__ Corporation __ Individual __ Partnership __Joint Venture __ Other: _______________________

B. How long has your organization been in business:

1. As a contractor: ___ years

2. As a contractor engaged in construction work of the type proposed under this

Contract: ___ years

3. Under your current business name: ___ years

C. If the bidder is a corporation, complete this section:

1. Date and State of Incorporation: _______________ _____________________

2. Name and Titles of Officers:

D. If the Bidder is other than a corporation, describe the structure of your organization including date of initiation as a business and list the principals involved:

E. What portions of the work (i.e. trades work items, etc.) included in the proposed contract will be performed by subcontractors?

4. WORK HISTORY

A. Attach or list the following information on similar projects which your organization has completed in the past five (5) years. Name and type of project, owner, engineer, contract amount, date of completion.

B. Attach or list the following information on similar projects which your organization now has in progress. Name and type of project, owner, engineer, contract amount, scheduled date of completion.

C. Has your organization ever defaulted on or otherwise failed to complete any work under contract? If so, note the circumstances:

D. Has any officer, partner, or principal of your organization ever been an officer, partner, or principal of another organization which defaulted on or otherwise failed to complete any work under contract? If so, note the circumstances:

E. Provide the construction experience (length, type) of the principal individuals of your organization which would be assigned to perform the proposed work under this contract:

5. REFERNCES:

A. Bonding Company ____________________________________________________ and Agent __________________________________________________________

B. Bank

C. Trade

6. Financial Statement

A. Attach a copy of a recent financial statement as prepared by your auditor.

7. Certification

A. This Bidder 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, according to law depose

(name of official) and say that I am the _________________________, of the above organization, (position) and that the responses provided in the Bidder Qualification Statement, including any attachments thereto are true and correct to the best of my knowledge and belief.

Sworn and Subscribed ____________________________________________

(Signature of Official)

To before me this ___________ day of ________________________, 20____.

Notary Public

BIDDER'S AFFIDAVIT

COMMONWEALTH OF PENNSYLVANIA :

SS

COUNTY OF CHESTER :

being first duly sworn, deposes and says that he resides at that he is the of who signed the above proposal or bid, that he was duly authorized to sign on their behalf, and that the bid is the true offer of the bidder, that the seal attached is the seal of the bidder and that all the declarations and statements contained in the bid are true to the best of his knowledge and belief.

Sworn to and subscribed before me this day of , 20___

My Commission Expires:

DATE

<INSURANCE COMPANY LETTERHEAD>

CERTIFICATION OF INSURANCE COVERAGE

Borough of West Chester 401 East Gay Street West Chester, PA 19380

Re: [BID TITLE] organized and existing under the laws of the Commonwealth of (Name of Insurance Company)

Pennsylvania and duly registered with the Pennsylvania Department of Insurance and qualified to provide insurance coverage in the Commonwealth of Pennsylvania hereby acknowledge that

, of , PA (“Bidder”) has (Name of Bidder) (City) submitted a proposal on the above captioned project, and that in the event an award is made to

Bidder, we will issue a certificate of insurance liability evidencing the minimum insurance as stated in the request for bids/proposals and will issue ISO endorsement CG 20 26 07 04 or non

ISO equivalent naming West Chester Borough, its officers, agents, supervisors, elected officials and employees as an additional insured under the Commercial General Liability insurance policy.

Signed and sealed this day of , 20 .

(Insert Insurance Company’s Name)

By:

Name: (Attorney-in-Fact)

AGREEMENT

THIS AGREEMENT for services entered into this _____ day of ___________________, 20____, by and between , with an address of (“Contractor”) and the BOROUGH OF WEST CHESTER, a Home Rule municipality with its principal office at 401 East Gay Street, West Chester, Pennsylvania 19380 (hereinafter called the "Borough").

WHEREAS, the Borough has requested Contractor to furnish street and traffic signage; and

WHEREAS, Contractor is qualified to and has agreed to perform such services as are more particularly described in a Proposal dated , for the unit prices shown in the Proposal, which is attached hereto and which shall become a part of this Agreement under and subject to all of its terms and conditions.

NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby agree as follows:

1. Services.

A. Contractor will perform the services described in the Proposal which is attached to this Agreement (the “Services”). These Services shall be performed in accordance with the terms of this Agreement and the Proposal and in accordance with all regulatory requirements in effect. The scope of the Services to be performed by Contractor may be modified from time to time by an addendum to this Agreement agreed to in writing by Contractor and the Borough. Under no circumstances shall Contractor subcontract any of the Services hereunder without the prior written consent of the Borough, which consent may be withheld in the Borough’s sole discretion. If the terms of this Agreement and the Proposal are inconsistent, the terms of this Agreement shall control.

B. The Contractor represents and warrants to the Borough that it is under no contractual or other restrictions or obligations which are inconsistent with the execution of this Agreement, or which will interfere with the performance of its duties.

2. Contractor’s Responsibility.

The responsibilities of the Contractor under this Agreement are as follows:

A. The Services will be performed on behalf of and solely for the exclusive use of the Borough and for no others. The Services performed by Contractor shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the same profession and field in the same locale acting under similar circumstances and conditions.

B. The Contractor shall be and remain liable in accordance with applicable law for all damages to the Borough caused by the Contractor’s negligent performance of any of the Services furnished under this Agreement or furnishing services contrary to the terms of this Agreement.

3. Compensation.

A. The Borough shall compensate Contractor in accordance with the rates set forth in the Proposal. Unless the Borough in good faith disputes any item on an invoice, the Borough agrees to pay Contractor’s invoices within thirty (30) days of the invoice date, but no earlier than ten (10) days after the next meeting of Borough Council of the Borough of West Chester (the “Borough Council”), provided that the invoice is delivered at least ten (10) days prior to the date Borough Council meets to approve any unpaid invoices; otherwise, the invoice will be paid within ten (10) days of the next meeting of Borough Council. If Contractor determines at any time prior to the completion of its Services that the amount of its estimate for such Services will be exceeded, Contractor shall notify the Borough in writing the cause of such excess cost and of its best estimate to complete the remaining Services. The Borough shall have the right upon receipt of such estimate to: (1) increase the Contractor budget by the negotiated amount; (2) insist on completion of the Services for the price and scope originally outlined on the Appendix; or (3) agree with Contractor for a reduction in the scope of Services remaining to be performed under the Proposal, so that the total amount to be paid for the Services shall approximate the original estimate.

B. In the event that the Borough disputes any invoice submitted by Contractor it will, prior to the scheduled payment date of such invoice, advise Contractor in writing of the dispute and the cause of such dispute with a suggested resolution of the dispute if one is available.

4. Disputes.

All controversies or claims arising out of or related to this Agreement, or breach thereof, shall be filed in the Court of Common Pleas of Chester County, Pennsylvania. The prevailing party shall be entitled to recover its reasonable attorney fees and costs. Neither party will be responsible to the other for punitive or consequential damages including, but not limited to, loss of profit, loss of investment or business interruption.

5. Indemnification and Insurance.

A. Contractor, for itself and its successors and assigns, hereby agrees to reimburse the Borough for reasonable attorney fees/costs of suit that it incurs, indemnify, and hold harmless, the Borough, and its officers, supervisors, employees, attorneys, successors and assigns from and against losses, liabilities, claims, demands, causes of action, damages, costs, including reasonable attorneys’ fees, and expenses of every kind and nature, whether or not covered by insurance, arising out of, resulting from or caused by, in whole or part, any negligent act, error, omission or willful misconduct on part of Contractor, its agents, employees or subcontractors in connection Contractor’s performance of the services pursuant to this Agreement, including but not limited to, those in connection with loss of life, bodily injury, personal injury, damage to property, contamination or adverse effects on the environment, any liability for fines, fees or penalties for violations of any statutes, ordinances, codes, rules, regulations or standards applicable to the services performed by Contractor, its agents, employees or subcontractors (hereinafter “Acts and/or Omissions”). These obligations contained within this Section shall survive the termination of this Agreement. Notwithstanding anything to the contrary as may be contained above, the Contractor shall reimburse the Borough for reasonable attorney’s fees/costs of suit that it incurs in defending any suits or claims attributable (as determined by a Court of competent jurisdiction) to any Acts and/or Omissions.

B. Throughout the life of this Agreement, the Contractor shall pay for and maintain in full force and effect with an insurance company(ies) admitted by the Pennsylvania Insurance Commissioner to do business in the Commonwealth of Pennsylvania and rated not less than A in Best Insurance Key rating Guide, the following policies of insurance:

(i) Commercial general liability insurance, including property damage liability and personal injury liability of not less than $1,000,000 for each occurrence and a $2,000,000 minimum aggregate amount.

(ii) Owned, hired, and non-owned Automobile bodily injury liability insurance of not less than $500,000 for each person; $1,000,000 each occurrence or Combined Single Limit, Bodily Injury and Property Damage of $1,000,000, each occurrence.

(iii) Workers’ Compensation insurance for the Contractor’s employees. Coverage must be in accordance with statutory requirements, including Employers Liability of not less than $500,000; Bodily Injury for each employee of not less than $500,000;

Bodily Injury for each accident of not less than $500,000 and Disease for each Employee of not less than $500,000.

(iv) Professional liability insurance covering damages to the Borough and others resulting from errors or omissions of Contractor of not less than $2,000,000.

(v) Umbrella Liability Insurance at a minimum limit of $1,000,000 on a following form basis, excess of the General Liability, Automobile Liability and Employers Liability coverages. Umbrella Policies shall spell out the primary coverage to which the excess coverage shall apply.

C. All policies of commercial general liability insurance required hereunder shall name the Borough, its officers, supervisors and employees as additional insured’s. Specifically, Contractor commercial general liability insurance policy shall name the Borough, its officers, agents, supervisors, elected officials and employees as an additional insured under ISO endorsement CG 20 26 07 04 or non-ISO equivalent. A copy of ISO endorsement CG 20 26 0704 is attached hereto as Exhibit “A.” The Contractor’s CGL insurance policy shall also afford coverage for “bodily injury” or “property damage” arising out of the “products- completed operations hazard.”

D. Certificates of insurance shall state that coverage shall not be cancelled by either party except after thirty (30) days’ prior written notice by U.S. certified mail, return receipt requested, to the Borough.

E. Regardless of the minimum insurance requirements herein, the Contractor shall agree to commit the Contractor’s full policy limits and these minimum requirements shall not restrict the Contractor’s liability or coverage limit obligations.

F. The Contractor shall furnish the Borough with certificates of insurances and the requisite endorsements for all required insurance, prior to the Borough’s execution of the Agreement and the start of work.

G. All Contractor’s employing mechanical digging devices or requiring blasting must procure and maintain underground and/or blasting liability insurance (XCU) for the period of time work is in progress. Limits shall be the same as required under Public Liability and Property Damage herein being specified.

H. All policies, except for Employers Liability, shall name the Borough of West Chester and their officers, agents and employees as additional insureds on a primary and noncontributory basis, including for completed operations. All polices, except for Employers Liability, shall provide a waiver of subrogation in favor of the additional insured parties, and be on a “Per Project Basis”.

I. Upon notification of receipt by the Borough of a notice of cancellation, major change, modification or reduction in coverage, the Contractor shall immediately, after the effective date of a new or renewal policy, file with the Borough a copy of the required new or renewal policy and certificates for such insurance and list the Borough as additional insureds.

J. If at any time during the term of this Agreement, or any extension thereof, the Contractor fails to maintain the required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that may become due to the Contractor shall be withheld until acceptable replacement coverage notice is received by the Borough. Any failure to maintain the required insurance shall be sufficient cause for the Borough to terminate this Agreement.

K. If the Contractor should subcontract all or any portion of the work to be performed under this Agreement, the Contractor shall cover the subcontractor and require each subcontractor to adhere to all subparagraphs of this Insurance section, written evidence of which shall be provided to the Borough prior to commencement of work by the subcontractor. Similarly, any cancellation, lapse, reduction or change of subcontractors’ insurance shall have the same impact as described above.

6. Schedule

Contractor will perform the services in a manner consistent with the standard of care stated in Paragraph No. 2 above. The term of the Agreement is from March 1, 2026 to December 31, 2026.

7. Assignment

Contractor will not delegate, assign, sublet or transfer any of its obligations or interests in this Agreement without the prior written consent of the Borough.

8. Independent Status

Contractor shall serve as an independent contractor to the Borough and not as its agent or employee. Should it be determined appropriate or necessary to rely on subcontractors, Contractor shall obtain written consent from the Borough. The Borough shall assign a representative authorized to act on the Borough’s behalf with respect to the Services to be performed pursuant to this Agreement. The Borough or such authorized representative shall render decisions in a reasonably timely manner after alternative courses of action are presented in reasonable detail pertaining to Contractor’s Services to avoid unreasonable delay in the orderly and sequential progress of Contractor’s Services.

9. Termination

This Agreement may be terminated in whole or in part, in writing by either party subject to the terms, definitions, conditions and remedies as set forth herein.

(1) Definitions.

(a) Termination: To immediately discontinue rendering services hereunder.

(b) Fault: Substantial failure of either party to fulfill its obligations under the

Agreement as determined by a court of competent jurisdiction, if requested by the terminated party.

(c) Convenience: At will of terminating party without fault of the terminated party, and without justification.

(2) Right to Terminate.

(a) Fault of Contractor: The Borough may terminate this Agreement upon failure of Contractor to perform its obligations under the Agreement.

(b) Fault of the Borough: Contractor may terminate this Agreement upon failure of the Borough to perform its obligations under the Agreement.

(c) Convenience of the Borough: The Borough may terminate this Agreement at its convenience. Contractor may not terminate the Agreement for its convenience.

(3) Remedies upon Termination.

In the event of termination hereunder, the following rights and remedies shall apply:

(a) Fault of Contractor: If termination is caused by the fault of the Contractor, then:

(i) Subject to offset for costs incurred by the Borough to complete the scope of work as set forth in Section 3(a)(iii) below, including the costs of reasonable attorneys’ fees and engineering fees, the Borough shall pay Contractor for all services and expenses rendered to the date of termination in accordance with compensation terms in the Agreement.

(ii) The Borough shall not pay anticipated profits or other penalties or damages.

(iii) Contractor shall pay the Borough all reasonable/necessary costs incurred by the Borough to complete Contractor’s scope of work.

Such costs may include the cost incurred by the Borough of employing another Contractor to complete such work, provided Contractor was given notice of any alleged fault and a reasonable opportunity to cure such alleged fault.

(b) Fault of the Borough: If termination is caused by the fault of the Borough, then:

(i) The Borough shall pay Contractor for all authorized services and expenses rendered by Contractor to date of the termination.

(ii) The Borough shall not pay for anticipated profits or other penalties or damages.

(c) Convenience of the Borough: In the event of termination for convenience by the Borough, then:

(i) The Borough shall pay Contractor for authorized services and expenses to date of termination, including the pro rata share of any fixed fee(s) to that date.

(ii) The Borough shall not pay for anticipated profits or other penalties or damages.

(4) Termination of Contractor for Default Reversed.

(a) If, after termination for failure of Contractor to fulfill contractual obligations, it is determined by a court of competent jurisdiction or the Borough that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the Borough.