1-Contract Specifications - 2026 Road Improvement Program - Middletown Township, Delaware County (PennBid).pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR THE

THE 2026 ROAD IMPROVEMENT PROGRAM

In

MIDDLETOWN TOWNSHIP

DELAWARE COUNTY, PENNSYLVANIA

PREPARED FOR:

MIDDLETOWN TOWNSHIP

27 N. Pennell Rd Media, PA 19063

PREPARED BY:

KELLY ENGINEERS & SURVEYORS

30 LACRUE AVE

SUITE 201

GLEN MILLS, PA 19342

(610) 358-9363

March 2026

TABLE OF CONTENTS

SECTION A: BIDDING INSTRUCTIONS

Notice To Bidders Instructions to Bidders

SECTION B: BIDDING DOCUMENTS (to be submitted with bid)

Form of Proposal Contractor's Certification Schedule of Prices Bid Bond Certificate as to Corporate Principal Bidder Qualifications Non-Collusion Affidavit Instructions for Non-Collusion Affidavit

SECTION C: BONDS & INSURANCE CERTIFICATES (submitted upon Notice of Award)

Affidavit Accepting Workmen's Compensation Act Performance and Maintenance Bond Payment Bond

SECTION D: CONTRACT CONDITIONS & SPECIFICATIONS

General Conditions Non-Discrimination & Equal Opportunity Requirements Special Conditions Pennsylvania One Call System Technical Specifications Prevailing Wage Rates Field Engineering Figure 1: Road Map Figure 2: Base Repair Detail Figure 3: Manhole Frame & Cover Detail

SECTION A

INSTRUCTIONS

NOTICE TO BIDDERS

MIDDLETOWN TOWNSHIP, DELAWARE COUNTY, PA

Sealed proposals will be received online via the PennBid Program by Middletown Township, Delaware County until 10:00 A.M. Wednesday, April 1st, 2026, for the

2026 Road Improvement Program.

All Current Pennsylvania Department of Transportation Standards and Specifications Will Prevail Over All Standards and Specifications Included in This Contract.

The project is comprised of an approximate total of the following items of work:

A. 280 Tons of Superpave Mixture Base Repair B. 27,780 SY of Milling C. 27,780 SY of Superpave Mixture Wearing Course Overlay D. Required Line Work E. Incidental Work

All Bidding Documents are available online at no cost at www.PennBid.net. The successful bidder who is awarded the contract, will be required to pay “PennBID” a of 1/3 of 1% of the contract value for fixed fee contracts, and 1/6 of 1% of the contract value for termed contracts/ There is a minimum award fee of $150 and is capped at $6,000 (+ tax) of the contract award value.

Each bid must be submitted online and must be accompanied by a certified check or bid bond equal to at least ten (10) percent of the total bid.

Pennsylvania Prevailing Wage Rates will apply to bids greater or equal to $25,000.

Township Council reserves the right to accept or reject any or all proposals, or parts thereof, and to waive any informality in the bidding, as they deem in the best interest of the Township.

John McMullan, Township Manager http://www.pennbid.net/

INSTRUCTIONS TO BIDDERS

2 THE WORK

The work shall consist of:

A. 280 Tons of Superpave Mixture Base Repair B. 27,780 SY of Milling C. 27,780 SY of Superpave Mixture Wearing Course Overlay D. Required Line Work E. Incidental Work

3 SECURING DOCUMENTS

A. Upon the conditions set forth in the Notice to Bidders, copies of the proposed Contract Documents may be obtained electronically via PennBid.

4 BID FORM

A. In order to receive consideration, bids shall be submitted in strict accordance with the following:

1. Bids shall be submitted electronically via PennBid.

2. No telegraphic bid or telegraphic modification of a bid will be considered. No bids received after the time fixed for receiving them will be considered.

5 BONDS:

A. Bid security in the amount stated in the Notice to Bidders will be held by the Owner until the Bidder has signed the Contract and has furnished the required Certificates of Insurance.

B. The Owner reserves the right to retain the security of all Bidders until the successful Bidder enters into the Contract or until ninety

(90) days after bid opening, whichever is sooner. Other bid security will be returned as soon as practicable. If any Bidder refuses to enter into a Contract, the Owner may retain his bid security as Liquidated Damages but not as penalty.

C. Prior to signing the Contract, the Owner will require the successful Bidder to secure and post a Payment Bond and Performance and Maintenance Bond, each in the amount of 100% of the Contract Sum, and each on the form provided in the Contract Documents.

Such bonds shall be issued by Surety, acceptable to the Owner.

Costs of such bonds will be paid for by the Contractor. In lieu of the above bonds, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts, equal to 100% of the contract amount, will be acceptable.

D. Upon completion of the project, the Owner will require the successful Bidder to continue the Performance and Maintenance Bond described in paragraph C, at the expense of the Contractor in the amount of 100% of the contract sum guaranteeing the structural integrity, maintaining such work, and remedying without cost to said

Owner, any defect which may develop during the period of twelve

(12) months from the date of final acceptance.

6 EXAMINATION OF DOCUMENTS AND SITE OF WORK

A. Before submitting a bid, each Bidder shall examine the Drawings carefully, shall read the Specifications and all other Contract Documents, and shall visit the site of the Work. Each Bidder shall fully inform himself prior to Bidding as the existing conditions and limitations under which the Work is to be performed, and shall include in his bid a sum to cover the cost of items necessary to perform the Work as set forth in the Contract Documents. No allowance will be made to a Bidder because of lack of such examination or knowledge. The submission of a bid will be considered as conclusive evidence that the Bidder has made such examination.

7 PROOF OF COMPETENCY OF BIDDER

A. A Bidder will be required to furnish evidence satisfactory to the Owner that he and his proposed subcontractors have sufficient means and experience in the types of work called for to assure completion of Contract in a satisfactory manner. The Bidder’s Qualifications form must be completed, signed and notarized and submitted with the Bid Proposal.

8 WITHDRAWAL OF BIDS

A. A Bidder may withdraw his bid electronically via PennBid at any time prior to the scheduled time for opening of bids.

B. No Bidder may withdraw his bid for a period of ninety (90) calendar days after the date set for opening thereof, and bids shall be subject to acceptance by the Owner during this period.

9 AWARD OR REJECTION OF BIDS

A. The Contract, if awarded, will be awarded to the most qualified Bidder who has proposed the lowest Contract Sum, subject to the Owner’s right to reject any or all bids and to waive informality and/or irregularity in the bids.

10 EXECUTION OF AGREEMENT

A. The Form of Proposal, which the successful Bidder is required to execute, is included in the Specifications and Contract Documents.

B. The successful Bidder shall return to the Owner, within fifteen (15) calendar days of the date of the notice, the signed Notice of Award and Agreement forms.

C. At or prior to delivery of the signed Notice of Award and Agreement forms, the Bidder to whom the Contract is awarded shall deliver to the Owner those Certificates of Insurance required by the Contract Documents and such Payment Bonds and Performance Bonds as are required by the Owner.

D. The Owner shall approve bonds and Certificates of Insurance before the successful Bidder may proceed with the Work. Failure or refusal to provide Bonds or Certificates of Insurance in a form satisfactory to the Owner shall subject the successful Bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

11 INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

A. If any person contemplating submission of a bid for the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies in or omissions from any part of the proposed Contract Documents, he may submit a written request for interpretation thereof to the Engineer not later than seven (7) business days before bids will be opened. The person submitting the request shall be responsible for its prompt delivery.

B. Interpretation or correction of proposed Contract Documents will be made only by Addendum and will be mailed or delivered to each General Contract Bidder of Record. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

12 CONSTRUCTION TIME

A. The Agreement will include a stipulation that the Work be completed as defined for the project as:

1. Sixty (60) calendar days following receipt of the Owner’s

Notice to Proceed.

13 NON-COLLUSION AFFIDAVIT

A. The Non-Collusion Affidavit must be submitted with the bid or the bid will be held to be invalid.

14 MATERIAL SAFETY DATA SHEETS

A. Material Safety Data Sheets must be submitted for respective products, in compliance with Federal Hazard Communication Standard Act (29 CFR 1910, 1200) and various State Right-to- Know Laws.

15 JOB MIX FORMULA REPORT

A. The contractor is responsible for ensuring that the proper material is provided by supplying a copy of all appropriate approved PennDOT Bituminous Asphalt Mix Design (Job Mix Formula) with the bid.

END OF SECTION

SECTION B

BID DOCUMENTS

THIS SECTION TO BE COMPLETED AND RETURNED TO THE OWNER

WITH CONTRACTOR’S BID

FORM OF PROPOSAL

2026 ROAD IMPROVEMENT PROGRAM

1 DEPOSIT OF PROPOSALS

Middletown Township___ Municipality

Sealed Proposals will be submitted on PennBid on or before 10:00 AM on April 1st, 2026

Mr. John McMullan ____ Township Manager

Bids will be opened at approximately 10:00 AM on the above Letting Date.

27 N. Pennell Rd Media, PA 19063

Address

Proposals must be mailed or otherwise delivered to the above address.

A. The contractor proposes to furnish and deliver all materials and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and specifications on file at Kelly & Close Engineers; Glen Mills, PA 19342 as well as the supplements and special requirements contained herein and/or attached hereto and current PennDOT specifications (Publication 408), except (a) bidders need not be prequalified by PennDOT (Sec. 102.01), and (b) Gyration testing of bituminous paving materials is not required (Sec. 401).

B. If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed or as otherwise provided in the special requirements and will complete all work within 60 calendar days. If all work is not completed on time, liquidated damages will be assessed at the rate of $200.00 per additional working day.

C. Accompanying this proposal is a certified check or bid bond in the amount of ________________ made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirements of the proposal.

2 PROPOSAL OF:________________________________________________

NAME OF CONTRACTOR

ADDRESS OF CONTRACTOR

CONTRACTOR’S CERTIFICATION

It is hereby certified as follows:

A. The only persons interested in this proposal as principal(s) is (are):

B. None of the above persons are employees of the municipality.

C. This proposal is made without collusion with any other person, firm or corporation.

D. All plans and specifications referred to above and the site of the work have been examined by the contractor. The contractor understands that the quantities indicated herein are approximate and are subject to change as may be required; and that all work is payable on the basis of the unit prices listed on the Schedule of Prices (Attachment 1)

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

F. The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof, and a payment bond, conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, in accordance with the Public Works Contractors’ Bond Law of 1967; and an affidavit accepting the provisions of the Workmen’s Compensation Act of 1915, as amended.

CONTRACTOR

WITNESSED OR ATTESTED

BY:

BY

SEAL

TITLE

TITLE:

TO BE EXECUTED ONLY IN THE EVENT THE ABOVE PROPOSAL IS

ACCEPTED

ACCEPTED ON

DATE

MUNICIPALITY

ATTESTED BY:

TITLE: TITLE:

MS - 944

ATTACHMENT 1, PAGE 1

County: Delaware Municipality: Middletown Township

Project

Number: MT 105-26

LOCATION OF WORK:

Howarth Rd: Glen Riddle Rd to Seam Near Culvert - 18x2913

DESCRIPTION OF WORK:

Curb line mill; Complete base repair where designated by Twp. Engineer;

apply tack coat; line painting; apply wearing course overlay;

ESCALATOR CLAUSE: (if adopted by Municipality.)

N/A

SCHEDULE OF PRICES

Item No.

Approx.

Quant Units *Description Unit Price Total

1 160 TN Base Repairs: 4", 25.0 mm, PG 64-22 Superpave

2 5,925 SY Milling: 1 1/2" Full-Width Roadway Milling:

3 5,925 SY Wearing Course: 1 1/2", 9.5 mm, PG 64-22 Superpave

4 25 TN Leveling Course: 9.5 mm, PG 64-22 Superpave

5 4 EA Stop Bar: Single-Lane 24" Wide Stop Bar (Hot Thermoplastic with Glass Beads)

6 4 EA

"SLOW" Text: White (Hot Thermoplastic with Glass Beads), conforming to PennDOT Pub.

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL

SUBTOTAL FROM OTHER

ATTACHMENTS

EACH MUST BE INCLUDED. TOTAL AMOUNT OF BID

ATTACHMENT 1, PAGE 2

Painter Rd: #252 Painter Rd Mailbox (@ Cold Spring Rd) to #100 Painter Rd Mailbox (@ N Heilbron Dr) - 21x2863

DESCRIPTION OF WORK:

Item No.

Approx.

Quant Units *Description Unit Price Total

1 40 TN Base Repairs: 4", 25.0 mm, PG 64-22 Superpave

2 7,025 SY Milling: 1 1/2" Full-Width Roadway Milling:

3 7,025 SY Wearing Course: 1 1/2", 9.5 mm, PG 64-22 Superpave

4 4 EA

"SLOW" Text: White (Hot Thermoplastic with Glass Beads), conforming to PennDOT Pub.

5 5,600 LF Solid SWL: Solid 4" Wide Single White Line (Waterborne)

6 80 LF Dashed SWL: Dashed 4" Wide Single White Line (Waterborne)

7 2,800 LF Solid DYL: Solid Double Yellow Line (Both Yellow Lines are 4" Wide) - (Waterborne)

8 80 LF

Dashed DYL: Dashed Double Yellow Line (Both Yellow Lines are 4" Wide) - (Waterborne)

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL

SUBTOTAL FROM OTHER

ATTACHMENTS

ATTACHMENT 1, PAGE 3

County: Delaware Municipality Middletown Township

Palmer Ln: Brandywine Dr to Glen Riddle Rd - 20x876

DESCRIPTION OF

WORK:

Curb line mill; Complete base repair where designated by Twp.

Engineer; apply tack coat; line painting; apply wearing course overlay;

Ite m

No. Quant Units *Description Unit Price Total 1 30 TN Base Repairs: 4", 25.0 mm, PG 64-22

Superpave

2 2,550 SY Milling: 1 1/2" Full-Width Roadway Milling:

3 2,550 SY Wearing Course: 1 1/2", 9.5 mm, PG 64-22 Superpave

4 2 EA Stop Bar: Single-Lane 24" Wide Stop Bar (Hot Thermoplastic with Glass Beads)

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL

SUBTOTAL FROM OTHER

ATTACHMENTS

ATTACHMENT 1, PAGE 4

Paul Ln: Uphill from #13 Paul Ln to Uphill from #7 Paul Ln - 27x512

DESCRIPTION OF

WORK:

Ite m

No. Quant Units *Description Unit Price Total 1 25 TN Base Repairs: 4", 25.0 mm, PG 64-22

Superpave

2 1,550 SY Milling: 1 1/2" Full-Width Roadway Milling:

3 1,550 SY Wearing Course: 1 1/2", 9.5 mm, PG 64-22 Superpave

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL

SUBTOTAL FROM OTHER

ATTACHMENT 1, PAGE 5

Olde Farm Rd: E Knowlton Rd to Linda Ln - 28x1063 apply tack coat; apply wearing course overlay;

Item No.

Approx.

Quant Units *Description Unit Price Total

1 5 TN Base Repairs: 4", 25.0 mm, PG 64-22 Superpave

2 3,700 SY Milling: 1 1/2" Full-Width Roadway Milling:

3 3,700 SY Wearing Course: 1 1/2", 9.5 mm, PG 64-22 Superpave

4 5 EA Stop Bar: Single-Lane 24" Wide Stop Bar

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL

SUBTOTAL FROM OTHER

ATTACHMENT 1, PAGE 6

W Glen Cir: Seam near #11 W Glen Cir to Arrowhead Tr/E Glen Cir Intersection - 26.5x1053

DESCRIPTION OF WORK:

apply tack coat; and apply wearing course overlay.

Item No.

Approx.

Quant Units *Description Unit Price Total

1 5 TN Base Repairs: 4", 25.0 mm, PG 64-22 Superpave

2 3,120 SY Milling: 1 1/2" Full-Width Roadway Milling:

3 3,120 SY Wearing Course: 1 1/2", 9.5 mm, PG 64-22 Superpave

4 20 TN Leveling Course: 9.5 mm, PG 64-22 Superpave

5 1 EA Stop Bar: Single-Lane 24" Wide Stop Bar

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL

SUBTOTAL FROM OTHER

ATTACHMENTS

ATTACHMENT 1, PAGE 7

W St Andrews Dr: Seam at St Andrews Dr to Seam at Cul de Sac - 14x495

DESCRIPTION OF

WORK:

Ite m

No. Quant Units *Description Unit Price Total 1 775 SY Milling: 1 1/2" Full-Width Roadway Milling:

2 775 SY Wearing Course: 1 1/2", 9.5 mm, PG 64-22

Superpave

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL

SUBTOTAL FROM OTHER

ATTACHMENT 1, PAGE 8

Number: MT 105-25

Abel Pl: Linvill Rd to Cul de Sac - 14x718

Curb line mill; Complete base repair where designated by Twp. Engineer;

apply tack coat; apply wearing course overlay;

Item No.

Approx.

Quant Units *Description Unit Price Total

1 5 TN Base Repairs: 4", 25.0 mm, PG 64-22 Superpave

2 1,310 SY Milling: 1 1/2" Full-Width Roadway Milling:

3 1,310 SY Wearing Course: 1 1/2", 9.5 mm, PG 64-22 Superpave

4 1 EA Stop Bar: Single-Lane 24" Wide Stop Bar

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL

SUBTOTAL FROM OTHER

ALTERNATE 1, PAGE 9

Cherrywood Ln: Glen Riddle Rd to Mt Alverno Rd - 20x859 (Alternate)

Item No.

Approx.

Quant Units *Description Unit Price Total

1 10 TN Base Repairs: 4", 25.0 mm, PG 64-22 Superpave

2 1,825 SY Milling: 1 1/2" Full-Width Roadway Milling:

3 1,825 SY Wearing Course: 1 1/2", 9.5 mm, PG 64-22 Superpave

4 2 EA Stop Bar: Single-Lane 24" Wide Stop Bar (Hot Thermoplastic with Glass Beads)

5 3 EA

Adjust the Height of Existing Sanitary Sewer Manhole Frame(s) and Cover(s) as Designated by the Engineer.

6 1 EA

Contractor to Supply Standard Sanitary Sewer Manhole Frame(s) and Cover(s) Per Contract Specifications. (this line item does not include installation, refer to line item ## for installation)

7 1 EA

Remove, Discard and Replace Existing Sanitary Sewer Manhole Frame(s) and Cover(s) as Designated by the Engineer.

(this line Item does not include furnishing new frames and covers, refer to line item ## for frame and covers)

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

SUBTOTAL

SUBTOTAL FROM OTHER

ATTACHMENTS

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned

_____________________________________________, as PRINCIPAL, (Name of Principal) and _____________________________________________, as SURETY, (Name of Surety) are held and firmly bound unto the Township of Middletown, hereinafter called the "Local Public Agency" in the penal sum of __________________________ Dollars ($_____________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid, dated

__________________,2026, for the 2026 Road Improvement Program.

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period of the specified therein after the opening of the same, or, if no period be specified, within ninety (90) days after the said opening and shall within the period specified therefore, or if no period be specified, within fifteen (15) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principals shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the Local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this ____ day of ________, 2021 , the name and corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

In Presence of:

(SEAL)

(Individual Principal)

(SEAL)

(Partnership)

(Business Address)

ATTEST: BY:

(Corporate Principal)

AFFIX

CORPORATE

SEAL:

(Business Address)

(Attest) (Corporate Surety)

AFFIX

CORPORATE

SEAL:

Countersigned:

BY: ____________________

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, ___________________________, certify that I am the

_____________________ (title) of the Corporation named as Principal within the bond; that _________________ who signed the said bond on behalf of the

Principal was then _______________________________ of said corporation;

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

(SIGNATURE)

CORPORATE SEAL:

Bidder understands that the Owner reserves the right to reject any or all bids.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within fifteen (15) calendar days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in the sum of ($ ________________)

(Amount in writing) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby.

Respectfully submitted:

ADDRESS:

PHONE #:

SEAL (if corporation):

BIDDERS QUALIFICATIONS

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit additional information if he so desires. (This form must be submitted with the Form of Proposal.)

A. Name of Bidder:

B. Permanent main office address, phone number and fax number:

C. When organized:

D. If a corporation, where incorporated:

E. How many years have you been engaged in the contracting busi-ness under your present firm or trade name?

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

G. General character of work performed by your company:

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

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

J. List the more important projects recently completed by your company, stating the Owner’s name and address, the project manager’s name for the Owner, the approximate cost for each project, and the month and year completed:

K. List any projects completed within the last two years for which you have not been paid in full. Present the reason for this non-payment.

Please provide the name, address, and phone number of the agency who refused payment to your firm:

L. List your major equipment available for this contract:

M. List any proposed subcontractors you will use for this project.

N. Experience in construction work, similar in importance to this project:

O. Background and experience of the principal members of your organization, including the officers:

P. Credit available $______________________

Q. Give Bank Reference:

R. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the awarding agency?

The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the awarding agency in verification of the recitals comprising this Statement of Bidders qualifications.

Dated _______________this_______day of _____________, 20____.

Name of Bidder:

BY:

TITLE:

State of:

County of:

I, ______________________________, being duly sworn deposes and says that he is

_______________________ of ______________________ (Title) (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this _______ day of _____________, 20____

(Notary Public)

My commission expires ______________, 20____.

NON-COLLUSION AFFIDAVIT

State of :

:ss County of :

I state that I am of (Title) (Name of my 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 bidder or potential bidder.

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

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or 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 or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

_________________________________, its affiliates, (Name of my firm) subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by State of Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

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

(Company)

By:

Signature:

Title:

Subscribed and sworn to before me this _______ day of _____________, 20____

My commission expires ______________, 20____.

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

A. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Anti-bid- Rigging Act, 73 PS s.s. 1611 et. seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

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

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

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

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

F. FAILURE TO FILE AN AFFIDAVIT IN COMPLIANCE WITH THESE

INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF THE

BID.

SECTION C

BONDS & INSURANCE CERTIFICATES

THIS SECTION IS TO BE SUBMITTED UPON NOTICE OF AWARD

AFFIDAVIT ACCEPTING WORKMEN’S COMPENSATION ACT

State of _________________ :

:ss County of _________________ :

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

(Company)

(Type or Print Name of Contractor)

(Title)

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

My commission expires:

(Date)

PERFORMANCE AND MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that _______________________ as Principal, and ______________________________________as Surety, hereinafter called Obligors, are held and firmly bound unto the Township of Middletown hereinafter called the Obligees, in the sum of ___________________________________($______________) dollars lawful money of the United States of America, well and truly to be paid, and for the payment of which we and each of us hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presenters.

Dated this _____ day of _____________________, 20 ______.

A. WHEREAS, the said principal has entered into a certain contract in writing for the 2026 Road Improvement Program bearing date the _____ day of _______________, 20 _____, with the Obligee to furnish and deliver the materials and do and perform all of the work and labor required as specified and designated therein;

B. NOW THE CONDITION OF THIS OBLIGATION IS SUCH that if the said Obligors shall faithfully perform and comply with the terms and provisions of the said Contract, and shall complete the work therein mentioned as provided therein, in accordance with the said contract, and to the satisfaction and approval of the Obligee, and all officers, employees, and agents, if the contractor satisfies all obligations in the contract and indemnifies the Township obligations of the Bond Surety ceases or becomes null and void, of said Obligee against any and all loss, damages, claims, demands, suits, costs, expenses and charges (including counsel fees) suffered, sustained or incurred by said Obligee, or to which the said Obligee may become or be alleged to be liable for or by reason of any act, neglect or default on the part of the Contractor, his Subcontractors, agents or employees, and whether arising out of injuries sustained by workmen or employees engaged in such work or by any other persons or corporations who may suffer any damage for loss or injury to their persons or property in any way arising out of or in the doing of said work. In addition, Principal shall maintain such work and remedy, without cost to said Obligee, any defect which may develop within a period of one (1) year from the date of acceptance, as determined by Obligee and shall otherwise comply with the terms and conditions of said Contract, then this obligation shall become null and void, or otherwise shall remain in full force and virtue.

C. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alterations or addition to the forms of the Contract or the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

D. IN WITNESS WHEREOF the Principal has hereunto set his hand and seal and has these presents to be executed by its duly au-thorized officers and the corporate seal hereto affixed, duly attested, and the surety has caused these presents to be executed by its duly authorized officers and the corporate seal hereto affixed, fully attested, that day and year aforesaid.

SIGNED, SEALED AND DELIVERED THIS _____ DAY OF __________, 20 ___.

In the Presence of: (Individual Principles Sign Here)

___________________________ _________________________ (SEAL)

___________________________ _________________________ (SEAL)

___________________________ _________________________ (SEAL)

___________________________ _________________________ (SEAL)

(Corporate Principal Signs Here)

ATTEST:

BY: _________________________

(Surety Sign Here)

WITNESS:

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we ________________________ _______________________________of________________________________ as Principal, and _________________________________a corporation incorporated under the laws of the State of____________________, ___________________ as SURETY, are held and firmly bound unto the

Township of Middletown (hereinafter called TOWNSHIP) in the full and just sum of _______________________________________($____________) dollars, lawful money of the United States of America, to be paid to the said

Township or its assigns, to which payment well and truly to be made to said

Township, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Dated this _____ day of _____________________ A.D., 20 ____.

WHEREAS, the above bound principal has entered into a contract with the above Township, hereinafter called Obligee, bearing even date herewith, for the 2026 Road Improvement Program in Middletown Township for approximately the sum of _____________________________ _______________________ ($_________) dollars.

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

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

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

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

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

BY: ___________________________ _______________________________

(Contractor) (Title)

Place Seal Here:

(Title)

(Surety Company) (Title)

Place Seal Here:

(Title)

SECTION D

CONTRACT CONDITIONS AND SPECIFICATIONS

GENERAL CONDITIONS

1 ARTICLE 1 - DEFINITIONS:

A. The Contract Documents consist of Notice to Bidders, Instructions to Bidders, Form of Proposal, Articles of Agreement, General Conditions, Special Conditions, the Plans, and the Specifications, including all modifications thereof incorporated in the documents before their execution. These form the Contract.

B. The term "Owner" as used herein refers to the Authority, Municipali-ty or Party shown in the Notice to Bidders.

C. The term "Contractor" as used herein refers to the individual, firm, partnership, co-partnership or corporation who is mentioned as such in the agreement and is hereafter treated as of the singular number and masculine gender.

D. The term "Engineer" as used herein refers to that company or person designated by the Owner or their representative having the work in charge.

E. The term "Sub-Contractor" as used herein includes only those having direct contact with the Contractor and it includes one who furnished material worked to a special design according to the Plans and Specifications of this work, but does not include one who furnished material not so worked.

F. The term "work" of the contractor or sub-contractor includes labor or materials or both.

2 ARTICLE 2 - EXECUTION, CORRELATION AND INTENT OF

DOCUMENTS:

A. The Contract Documents are complementary and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. The Engineer will decide as to the meaning or intent of any portion of the Specifications or Plans, and where the same may be found obscure or in dispute he shall have the right to correct any errors or omissions therein. All work that may be called for in the specifications and not shown on the Plans, or shown on the Plans, and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both ways; and should any incidental work or material be required which is not denoted in the specifications or plans, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof and the Contractor is to understand the same to be implied and required and shall perform all such work and furnish all such material as fully as if they were partially delineated or described, and without extra cost to the Owner.

3 ARTICLE 3 - PLANS:

A. Copies Furnished: Unless otherwise provided for in the Contract

Documents, the Engineer will furnish to the Contractor, free of charge, copies of the Contract Plans and Specifications reasonably necessary for the execution of the work.

B. Copies of the Work: The Contractor shall keep one copy thereof of all drawings and specifications on the work in good order available to the Engineer and all his representatives.

C. Ownership of Plans: All drawings and specifications and copies thereof furnished by the Engineer are his property. They are to be returned to him on request at the completion of the work, prior to the time of final payment.

4 ARTICLE 4 - CONTRACTOR'S UNDERSTANDING:

A. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature of and location of the work, the conformation of the ground, the character of equipment and facilities needed preliminary to and during the execution of the work, general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained.

5 ARTICLE 5 - CHANGES IN THE WORK:

A. The Engineer shall have the right to make such alterations in the plans or in the character of the work as may be considered necessary or desirable from time to time to complete materially the original plans and specifications, provided such alterations do not change materially the original plans and specifications, and such alterations shall not be considered a waiver of any condition of the contract nor to invalidate any of the provisions thereof.

B. Should such alterations in the Plans result in an increase or decrease in the quantity of work to be performed, without change in character, the Contractor shall accept payment in full of the contract unit price for the actual quantities of work done. Should such alterations in the character of the work be productive of increased cost or result in decreased cost of the Contractor, a fair and equitable sum therefore shall be agreed upon in writing by the Contractor and the Engineer and approval by the Owner before such work is begun, and shall be added to or deducted from as the case may be, the contract price, where a change involves the omis-sion and addition of similar work, such work omitted shall be deducted from that added before any profit is computed. No allow-ance shall be made for anticipated profits.

6 ARTICLE 6 - EXTRA WORK:

A. Work and materials of a character for which no price is named in the Agreement shall be considered as extra work which shall be done by the Contractor only upon written order signed by the Engi-neer, at a price to be previously agreed upon in writing by the Contractor and the Engineer and approved by the Owner.

B. No bill or claim for extra work or materials shall be allowed or paid unless the doing of such work or furnishing of such extra materials shall have been authorized in writing by the Engineer.

C. In no case shall the Contractor proceed with extra work of additional quantity or dissimilar character unless written approval has been obtained from the Engineer. This paragraph supersedes all other Articles in these conditions. The Contractor shall initiate a change order prior to beginning such work unless such an order has come from the Engineer or Owner. The change order will specify the quantity and character of work to be performed and designate the cost of the work, both in units and total cost.

D. If the Contractor shall proceed with such work after receiving the written authority therefor, as hereinbefore provided, then such extra work shall be controlled by all of the terms and provisions of this contract, subject to such prices as are agreed upon and fixed by the Engineer and the Owner as hereinbefore provided.

E. If the Contractor shall fail or decline to perform such extra work as authorized in writing as aforesaid, the Owner may then arrange for the performance of the work in any manner he may see fit, the same as if the contract had not been executed and the Contractor shall not interfere with such performance of the work, or the Owner may withhold payment of all estimated work until the Contractor's refusal or failure is eliminated. Any such extra cost to the Owner by reason of the Contractor's failure or refusal to perform such extra work shall be deducted from the amount due to the Contractor under the terms of the contract.

F. At any time during the term of this agreement for Extra Work, Owner shall have the right to terminate this agreement without cause upon sixty (60) days written notice sent by certified mail to the business address of the Contractor.

7 ARTICLE 7 - FORCE ACCOUNT WORK:

All extra work done on a force account basis will be paid for in the following manner:

A. For all labor, trucks, truck drivers, operators, and foremen in direct charge of the specific operation, the Contractor shall receive the current local rate of wage, to be agreed upon in writing before starting such work, for each and every hour that said labor and/or trucks, truck drivers, operators, and foreman are actually engaged on such work, to which shall be added an amount equal to ten (10%) per cent of the sum thereof.

B. For all materials used, the Contractor shall receive the actual cost of such materials including freight charges as shown by original invoices, to which cost shall be added a sum equal to fifteen (15%) per cent.

C. For any machinery or equipment, except small tools and equipment for which no rental is allowed, which may be deemed necessary or desirable to use, the Engineer, with the approval of the Owner, shall allow the Contractor a reasonable rental price for each and every hour that said machinery is in use on such work.

D. Such rental price shall include fuel and lubrication and shall be agreed upon in writing by the Contractor and the Engineer and ap-proved by the Owner before such work is begun. No percentages shall be added to such rental price.

E. The compensation as herein provided shall be received by the Contractor as payment in full for work done on a force account basis, the fifteen (15%) per cent which is allowed on cost of materials including freight charges being allowed and accepted for which no rental is allowed, overhead expense, including insurance and profit. The Contractor's representative and the Engineer's representative shall compare records of extra work done on a force account basis at the end of each day. All claims for extra work done on a force account basis shall be submitted to the Engineer by the Contractor, upon certified triplicate statements to which shall be attached original invoices covering the cost of and freight charges on all materials used in such work. Said statements shall be filed not later than the twentieth day of the month following that in which the work was actually performed and shall include all labor charges, etc., and material charges insofar as they can be verified.

F. Should the Contractor refuse to prosecute the work as directed or to submit his claim as required, then the Engineer may withhold payment of all estimates until the Contractor's refusal or failure is eliminated.

8 ARTICLE 8 - EXAMINATION AND APPROVAL

A. All work and materials shall be at all times subject to the examination and approval by the Engineer or his duly authorized representatives. The Contractor shall provide reasonable and necessary facilities for such examinations. If any work should be covered up without the approval or consent of the Engineer, if required by him, it shall be uncovered for examination at the Contractor's expense.

9 ARTICLE 9 - DEFECTIVE WORK AND MATERIALS:

A. Defective work and materials may be condemned by the Engineer at any time before the final acceptance of the work. The Contractor shall remove at his own expense any work or material condemned and shall rebuild and replace the same without extra cost. Previous examination will not relieve the Contractor from the responsibility for good work and materials whether overlooked by the Engineer or caused damage from any source whatsoever.

B. Failure to conform with the above may be cause to discontinue the work, and the Engineer and the Owner in his discretion may either remedy the work or may have the contract completed by others and charge the cost thereof as money paid the Contractor.

10 ARTICLE 10 - MATERIALS, APPLIANCES AND EMPLOYEES:

A. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of acceptable quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials.

B. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, light, power, transportation, and other facilities necessary for the execution and prosecution of the work in an acceptable manner and at a satis-factory rate of progress. The equipment used on any portion of the work shall be such that no injury to adjacent property or highways will result from its use.

C. The Contractor shall employ such superintendents, foremen and workmen as are careful and competent, and the Engineer may demand the dismissal of any person employed by the Contractor…