1-2027 Traffic Signal Maintenance Services Specifications.pdf

BOROUGH OF WEST CHESTER

BID SPECIFICATIONS

FOR

2027 TRAFFIC SIGNAL MAINTENANCE SERVICES

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 No bid may be withdrawn within twenty-four (24) hours prior to the time of the bid opening or within sixty (60) days after the date of the bid opening.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

(See Attached Map)

DEdwards Oval

DEdwards Oval

BID FORM

WEST CHESTER BOROUGH

CHESTER COUNTY, PENNSYLVANIA

2027 LANDSCAPING SERVICES

ITEM

NO. QTY/UNIT DESCRIPTION

UNIT

PRICE TOTAL

BASE BID (2027)

1 1 HR Signal Technician

____________________________DOLLARS $ $

2 1 HR Signal Mechanic

____________________________DOLLARS $ $

3 1 HR Equipment Operator

____________________________DOLLARS $ $

4 1 HR Foreman

____________________________DOLLARS $ $

5 1 HR Service Vehicle

____________________________DOLLARS $ $

6 1 HR Bucket Truck

____________________________DOLLARS $ $

7 1 HR Crane/Ladder Truck

____________________________DOLLARS $ $

8 8 HR Auger Truck

____________________________DOLLARS $ $

9 1 HR Backhoe

____________________________DOLLARS $ $

10 1 HR Dump Truck

____________________________DOLLARS $ $

11 1 HR Compressor

____________________________DOLLARS $ $

12 1 HR Earth Trencher

____________________________DOLLARS $ $

13 1 HR Wheel Trencher

BID ALTERNATE NO. 1 (2028)

A1.1 1 HR Signal Technician

____________________________DOLLARS $ $

A1.2 1 HR Signal Mechanic

____________________________DOLLARS $ $

A1.3 1 HR Equipment Operator

A1.4 1 HR Foreman

____________________________DOLLARS $ $

A1.5 1 HR Service Vehicle

____________________________DOLLARS $ $

A1.6 1 HR Bucket Truck

____________________________DOLLARS $ $

A1.7 1 HR Crane/Ladder Truck

____________________________DOLLARS $ $

A1.8 8 HR Auger Truck

____________________________DOLLARS $ $

A1.9 1 HR Backhoe

____________________________DOLLARS $ $

A1.10 1 HR Dump Truck

____________________________DOLLARS $ $

A1.11 1 HR Compressor

A1.12 1 HR Earth Trencher

____________________________DOLLARS $ $

A1.13 1 HR Wheel Trencher

____________________________DOLLARS $ $

BID ALTERNATE NO. 2 (2029)

A2.1 1 HR Signal Technician

____________________________DOLLARS $ $

A2.2 1 HR Signal Mechanic

____________________________DOLLARS $ $

A2.3 1 HR Equipment Operator

____________________________DOLLARS $ $

A2.4 1 HR Foreman

____________________________DOLLARS $ $

A2.5 1 HR Service Vehicle

____________________________DOLLARS $ $

A2.6 1 HR Bucket Truck

A2.7 1 HR Crane/Ladder Truck

____________________________DOLLARS $ $

A2.8 8 HR Auger Truck

____________________________DOLLARS $ $

A2.9 1 HR Backhoe

____________________________DOLLARS $ $

A2.10 1 HR Dump Truck

____________________________DOLLARS $ $

A2.11 1 HR Compressor

____________________________DOLLARS $ $

A2.12 1 HR Earth Trencher

____________________________DOLLARS $ $

A2.13 1 HR Wheel Trencher

* 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 provide Traffic Signal Maintenance ;

and

WHEREAS, Contractor is qualified to and has agreed to perform such services as are more particularly described in the bidding documents for the unit prices submitted in the bid.

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. 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 ___________________to

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. In such event, payments to the Contractor shall be made as provided in Paragraph 3(c) of this clause.

(5) Notice Requirements.

(a) No termination for fault or convenience shall take place hereunder by either party, unless:

(i) An opportunity for consultation is afforded between the parties prior to sending the notice of termination; and

(ii) A notice of termination is sent to the other party in writing, at least ten (10) calendar days prior to the effective date of termination, by certified mail, return receipt requested. The termination shall be effective upon receipt of the certified mail.

(6) Obligations upon Termination.

(a) Up for on receipt of a termination action for fault or convenience as set the above, the Contractor shall:

(i) Promptly discontinue all affected work (unless notice directs otherwise); and

(ii) Deliver or otherwise make available to the Borough all data, drawings, specifications, reports, estimates, summaries, and such other information and material as may have been accumulated by the Contractor in performing this Agreement whether completed or in process and all digital documents need to be updated to their latest software revision.

(iii) The Borough may take over the work and/or may award another party an Agreement to complete the work hereunder.

(iv) Contractor shall be prohibited from disclosing any information pertaining to the Project, including, but not limited to the name of the Borough and the name of the Project, in Contractor’s advertisement and/or public relations materials without the prior written consent of the Borough.

10. Applicable Law.

This Agreement and all questions relating to its validity, interpretation, performance and enforcement, shall be governed by and construed in accordance with the laws of the

Commonwealth of Pennsylvania, notwithstanding any conflict-of-laws doctrines of such state or any other jurisdiction to the contrary.

11. Nondiscrimination.

Contractor shall comply with all applicable provisions of state and federal constitutions, laws, regulations and judicial orders pertaining to nondiscrimination and equal employment opportunity.

12. Notices.

All notices or other communications required or permitted hereunder shall be in writing and shall be deemed given and received, when delivered personally, or the day after sent by an express overnight delivery service, or three (3) days after posting when sent by certified United

States mail, postage prepaid, addressed as follows:

If to Contractor: ____________________________

If to the Borough: 401 E. Gay Street

West Chester, Pennsylvania 19380

Attn: Sean Metrick, Borough Manager

Any party may alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this subsection for the giving of notice.

13. Miscellaneous.

A. Regardless of where the services of the Contractor and its subcontractors under this Agreement are actually performed, they shall be deemed to be performed in

West Chester, Chester County, Pennsylvania.

B. The Contractor agrees to abide by the terms of the Pennsylvania Right to Know Act

(the “Act”) with respect to documents prepared under this Agreement that are in the possession of the Contractor. The Contractor further acknowledges that any documents or work product produced by Contractor under this Agreement may be subject to public disclosure as required under the Act and that Contractor hereby agrees work with the Borough to timely produce any such documents as required under the Act. The Contractor agrees to indemnify and hold the

Borough harmless for any penalties or damages incurred by the Borough that are related to the

Contractor’s failure to abide by the terms of this paragraph. The terms of this paragraph shall survive termination of the Agreement.

C. All work product of the Contractor for this project, including work product created in electronic format, are instruments of service for this project only and shall become the property of the Borough whether the project is completed or not. The parties hereto do not intend, nor will any clause of this Agreement be interpreted, to grant to any third party any benefits or rights under this

Agreement. Any reuse of Contractor work product for any purpose other than that specifically intended in this Agreement, including providing a copy of any Contractor work product to a third party not specifically identified herein, will be at the Borough’s sole risk and without financial liability or legal expense to Contractor.

D. Neither the Borough nor Contractor shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other or the other’s employees and agents.

E. In the event the Borough retains the services of counsel in connection with the enforcement of any rights under this Agreement, whether or not legal proceedings are instituted and whether or not the Borough formally declares default, the Borough shall be entitled to collect from Contractor all of its reasonable counsel fees and costs incurred.

F. In the event any provision of this Agreement shall be invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties hereto. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of subsequent breach of the same by the other party.

G. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the Borough and Contractor.

H. The parties acknowledge that this Agreement constitutes the entire Agreement between them and supersedes all prior representations, warranties, agreements and understandings, whether verbal or written, between the parties with respect to its subject matter.

I. Unless stated otherwise in this Agreement, this Agreement may not be modified except in writing signed by both parties.

J. The headings to this Agreement are for convenience and reference purposes only and shall not constitute a part of the Agreement.

ATTEST: BOROUGH OF WEST CHESTER

_____________________________ BY: __________________________________

Sean Metrick, Borough Manager

ATTEST/WITNESS: CONTRACTOR

______________________________ By: __________________________________

Name:

Non-Collusion Affidavit

State of ___________________________:

County of _________________________:

I state that I am ________________________________, ________________________of (Name) (Title)

(Name of Firm) and that I am authorized to 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 form bidding on this Contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

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

5. __________________ (name of firm), its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four (4) 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 follow:

Non-Collusion Affidavit

I state that __________________________________________________ (name of firm) understands and acknowledges that the above representations are material and important and will be relied on by West Whiteland Township as the true facts relating to the submission of bids for this Contract.

By_________________________________

Title_____________________________

Sworn and subscribed before me this __________Day of _________________, 202__

Notary Public

My Commission Expires: _________________________

Worker’s Compensation Affidavit

State of )

County of )

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

(SURETY COMPANY)

CONTRACTOR (TYPE OR PRINT)

BY __________________________________________________

NAME (TYPE OR PRINT) SIGNATURE

Sworn to and subscribed to me this ______ day of ____________________ A.D. 20_____

My Commission Expires_____________________

DATE

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

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…