1-Full Specification.pdf

PREPARED FOR:

BOROUGH OF BIRDSBORO

202 EAST MAIN STREET

BIRDSBORO, PA 19508

PREPARED BY:

BOYER ENGINEERING ASSOCIATES

1860 WEAVERTOWN ROAD

SUITE 100,

DOUGLASSVILLE, PA 19518

PHONE: 610-689-8021

BEA PROJECT NUMBER 7085

March 30, 2026

CONTRACT DOCUMENTS

FOR

2026 BIRDSBORO ROAD PROJECT

CONTRACT DOCUMENTS

2026 ROAD PROJECT

TABLE OF CONTENTS

Section # of Pages

NOTICE TO BIDDERS I 1

INSTRUCTIONS TO BIDDERS II 6

PENNBID INSTRUCTIONS III 3

STANDARD FORMS IV 34

WAGE RATES V 6

GENERAL PROVISIONS VI 27

UTILITY COORDINATION VII 2

SCOPE OF WORK VIII 2

PLAN

NOTICE TO BIDDERS

2026 Road Project

Borough of Birdsboro

The Borough of Birdsboro will receive sealed bids online for the milling and paving of various streets as delineated in the specifications and plans. Online sealed bids are to be submitted via the PennBid Program before May 14, 2026 at

10:00AM at which time they will be opened. A non-mandatory pre-bid meeting will be held on May 7, 2026 at 1:00 PM at the Borough Hall, 202 East Main Street, Birdsboro, PA. All documents and solicitation details are available online at no cost at PennBid - www.PennBid.net

Pennsylvania Prevailing Wage Rates apply for this contract. A certified check or bid bond for the amount of 10% is required. Bonds are to be issued by a Surety licensed to do business in the Commonwealth of Pennsylvania.

Kelly Yanos, Borough Manager http://www.pennbid.net/

INSTRUCTIONS TO BIDDERS

1. INTERPRETATIONS OR ADDENDA

The Contractor shall make known requests for interpretations on these documents at least three (3) days prior to the Bid Opening Date. An Addendum to the Contract Documents, when issued, will be on file in the office of the Owner, on PennBid and the office of the Engineer at least two

(2) days before the Bids are opened. In addition, all Addenda will be mailed or emailed to each person holding Contract Documents, but it shall be the

Bidder's responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract, and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

2. INSPECTION OF SITE

Each Bidder should visit the site of the proposed work and fully acquaint themselves with the existing site conditions relating to the construction and labor, and should fully inform himself as to the facilities, the difficulties and the restrictions involved pertaining to the performance of the Contract. The

Bidder shall thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents. The Contractor, by the execution of the Contract, shall in no way be relieved of any obligation under the Contract due to his failure to receive or examine any form or legal instrument, or his failure to visit the site and acquaint himself with the existing site conditions, or the Owner will be justified in rejecting any claim based on facts regarding that which the Contractor should have been in notice of as a result thereof.

3. ALTERNATIVE BIDS

No alternative bids will be considered unless alternative bids are specifically requested by the technical specifications.

4. BIDS

A. All sealed Bids must be submitted online via the PennBid Program

(www.PennBid.net). The document PennBid, Instruction to Bidders provides additional detail.

B. The Owner may consider as irregular, any bid on which there is an alteration of, or departure from the Bid Form hereto attached, and at its option, may reject said Bid.

C. If the Contract is awarded, it will be awarded by the Owner to a responsible Bidder on the basis of the lowest responsive and responsible Bid received. The Contract will require the completion of the work according to the Contract Documents.

http://www.pennbid.net/

5. BID GUARANTY

A. The Bid must be accompanied by a Bid Guaranty which shall not be less than ten percent (10%) of the amount of the Bid. At the option of the Bidder, the guaranty may be a certified check, bank draft, or a bid bond in the form attached hereto. The Bid Bond shall be secured by a guaranty or a surety company, the amount of which shall be within the maximum amount specified for such Company. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of the Owner.

Cash deposits will not be accepted. The Bid Guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents.

B. A revised Bid submitted before the opening of Bids, if representing an increase in excess of two percent (2%) of the original Bid, must be accompanied by a revised bid guaranty, otherwise the Bid will not be considered.

6. STATEMENT OF BIDDER'S QUALIFICATIONS

The Bidder shall submit on the Bidder's Qualification Form (a copy of which is included in the Bid Documents), a statement of the Bidder's Qualifications, their experience record in construction, the type of improvements embraced in the Contract, their available organization and equipment for the work contemplated and, when specifically requested by the Owner, a detailed financial statement. The Owner shall have the right to take such steps as deemed necessary to determine the ability of the Bidder to perform their obligations under the Contract, and the Bidder shall furnish the Owner all such information and data for this purpose as requested. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Owner that the Bidder is qualified to properly carry out the terms of the Contract.

7. UNIT PRICES

Bidder shall electronically submit the unit cost for each line item under the “Bid” tab in PennBid. The PennBid Program will calculate line extensions and base bid totals. The unit price for each of the items in the proposal of the Bidder shall include its pro rata share of all costs and charges so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price should equal the total cost for that item including its pro rata share of incidental items. Any Bid not conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities, nor extra compensation allowed, provided the difference in cost shall not increase or decrease the original contract price by more than twenty five percent (25%), except for work not covered in the Drawings and Technical Specifications.

8. CORRECTIONS

Intentionally omitted.

9. TIME FOR RECEIVING BIDS

Bids received prior to the advertised time of opening will be kept securely sealed. The officer whose duty it is to open them will decide when the specified time has arrived and no Bid received thereafter will be considered.

10. WITHDRAWAL OF BIDS

Bidders may withdraw bids at any time up to bid opening by clicking “Withdraw Bid” within PennBid. No bids may be withdrawn for a period of one hundred twenty (120) days following the formal opening and receipt of bids by the Owner.

11. AWARD OF CONTRACT - REJECTION OF BIDS

A. The Contract will be awarded to the responsible Bidder submitting the lowest Bid complying with the conditions of the Notice to Bidders. The

Bidder to whom the award is made will be notified at the earliest possible date. The Owner, however, reserves the right to reject any and all bids and to waive any informality in Bids received whenever such rejection or waiver is in his interest.

B. The Owner reserves the right to consider as unqualified to do the work of general construction any Bidder who does not habitually perform the major portions of the work involved in construction of the improvements embraced in the contract with his own forces.

C. The Owner reserves the right to adjust the Scope of Work by deleting item(s) or reducing quantities in the proposal. The Award of Bids shall be made to the Contractor with the lowest responsible bid on the adjusted quantities.

12. EXECUTION OF AGREEMENT - PERFORMANCE, PAYMENT, AND MAINTENANCE

BONDS

A. Minimum Standards of Financial Strength and Policyholder Service Required of Insurance Carriers and Surety Companies Providing

Coverage for the Contract: Insurance companies used must be admitted carriers authorized to transact business in Pennsylvania unless the Borough is notified and waives this requirement.

Insurance companies used must be rated (A10) or better by Best's Rating Service. An exception to this rating is insurance provided by the State Workmen's Insurance Fund. Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in

Pennsylvania.

B. Subsequent to the Notice of Intent to Award, the Contractor shall within five (5) days, execute and deliver to the Owner the required

Bonds and Insurance in the form included in the Contract Documents in such number of copies as the Owner may require.

C. Subsequent to the Notice of Award, the Contractor shall within three

(3) days, execute and deliver to the Owner an Agreement in the form included in the Contract Documents in such number of copies as the Owner may require.

D. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall furnish a surety bond in a penal sum not less than the amount of the Contract as awarded as security for the faithful performance of the Contract and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. A Maintenance Bond in the amount of the contract shall be furnished by the Contractor to serve as a guarantee for the work for a period of one year from the date of substantial completion. Such bond shall be in the same form as that included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current Power of

Attorney for the person who signs for any surety company shall be attached to such bond. This bond shall be signed by a guaranty or surety Company and the penal sum shall be within the maximum specified for such company.

E. The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within the time periods specified above after the prescribed forms are presented for signature, or within such extended periods as the Owner may grant based upon reasons determined sufficient by the Owner, shall constitute a default, and the

Owner may either award the Contract to the next lowest responsible Bidder or re-advertise for Bids, and may charge against the Bidder the difference between the amount of the Bid and the amount for which a

Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable Bid is received by re-advertising the defaulting Bidder shall have no claim against the Owner for a refund.

13. WAGES AND SALARIES

A. Attention of Bidders is particularly called to the requirements concerning the payment of not less than prevailing wage and salary rates specified in the Contract Documents.

B. The rates of pay set forth under GENERAL PROVISIONS are the minimums to be paid during the life of the Contract. It is, therefore, the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensations, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

14. PAYMENT OF TAXES

The Contractor will be responsible for the payment of all Excise, Sales and

Use Taxes, and all other taxes required by law on all materials, tools, apparatus, equipment, fixtures, services, and incidentals which he purchases or uses for the purpose of fulfilling the work on this Contract, and he shall include all amounts required for such taxes within the item to cover such taxes. Each Bidder shall thoroughly familiarize himself, before submitting a proposal, with all laws requiring the payment of taxes.

15. ALTERNATE PRODUCTS

In the Contract Documents and all addenda thereto, wherever the phrase

"approved equal" or words or phrases of like intent are used, such words or phrases shall be considered to mean "Alternate Product(s)" approved by the

Owner/Engineer prior to submission of the Contractor's bid.

16. LAWS AND REGULATIONS

The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.

17. CONTRACTOR RESPONSIBILITIES

The Contractor shall prosecute the work with sufficient workmen and equipment to insure the completion within the time stipulated.

Before work shall be started, the contractor shall consult with the

Engineer/Borough relative to materials, sources of same, equipment, and method of prosecuting the work.

If the Contractor fails to begin work within the time required in the specifications of the Agreement, or to perform the work with sufficient workmen, equipment, or materials to insure completion of said work in accordance with the terms of the Agreement, or shall discontinue the prosecution of the work without the approval of the Borough or shall neglect or refuse to perform anew such work as has been rejected as defective and unsuitable, or shall become insolvent or be declared bankrupt, or for any cause shall not carry on the work in an acceptable manner and conformity with contract, the Borough after ten (10) days written notice served personally on the Contractor or mailed to him at the address given on his bid, and on his failure to remedy the condition(s) complained of, shall have the right to annul their Agreement without process or action at law, and to turn over to the surety for completion or, at their option, to enter upon and take possession of the work, using the materials and equipment of the Contractor assembled for the project, and to complete the performance of the Agreement in accordance with the terms thereof, with or without advertising or re-letting, and should the total cost of the work contracted for be in excess of the original bid price, the Contractor and his surety shall be held responsible for such excess cost.

Neither by the taking over of the work by the Borough nor by the annulment of the Agreement shall the Borough forfeit the right to recover damages from the Contractor or his surety for failure to complete this Agreement.

18. ADDITIONAL WORK

No extra or additional work will be allowed or paid for unless ordered in writing by the Borough Manager.

19. OMITTED WORK

In the event that the Borough shall decide to omit any portion of the work covered by this Agreement or shall find it inexpedient to order completed or corrected any work performed not in accordance with the Agreement, an equitable deduction shall be made from the bid price.

For Bidders and vendors Using the PennBid'* electronic bid management system to respond to this Request-for-Quotation

The Borough of Birdsboro along with many PA municipalities, Auihorities, and private firms is utilizing the PennBid" electronic procurement Program for their solicitations, RFPs, and RFQs. Using PennBid is beneficial to both the agencies as well as the bidders.

Costs and bidding effort is greatly reduced as bid docurnents are available online, all Q&As are via email, and sealed bids can be submitted and updated online, Interested bidders need to register only once, a free process that takes only a few minutes, Once regisLered, bidders have access to publically avaiiable bids and solicitations from every Agency lvithin PennBid, plus are available for By-Invitation-Only RFPs and RFQs. Bidders can obtain all project documents and submit and update their confidential bids online.

Sealed Bid Confidentiality - The confidentiality of the sealed bid system is a cornerstone of the PennBid Program. At no time before Bid Opening can anyone see your eleclronic bid.

Confidentiality of Identity - When questions are asked and answered, bidder identity is not disclosed to other bidders.

1. Documents - All documents may be downloaded directly to your computer.

Documents can be electronically sent to your suppliers and sub contractors.

2. Being added to the "Bidders List" - By downioading any document, you are automatically added to the list of bidders for this solicitation.

3. Questions - by clicking on the "Questions" tab, you can see all questions that have been asked and answered related to this solicltation. You can also ask questions directly through this tab. When the agency answers the question, both the question and answer is emailed directlv to all bidders.

4. Submitting and Updating Bids - You may submit and update your bid anytime up to the bid due date and time by clicking on the "Bid" tab. You need only to provide the per unit price. The PennBid Program will automatically calculate the extended price (no r,rore math errors). You can update any line item without affecting the rest of your quote.

What to subrnit with this bid Click on the "Bid" tab

' Enter financial bid

. AnsuJer questions (if any)

' Attach a single electi-onic file or zipped folder containing ihe documents listed below:

o Security o Bid form o Non-collusianAffidavtt o Statement of Bidder Qualification

Impprtaq,t-N.g-ejt - Upon request only, bidders will need to submit other documents in original form and signatures to the agency within 3 business days. Documents such as non-collusion affidavits, detailed financial information, paper bid bond, eic. will be requested prior to award.

Imn.g*.ant NCIt*. 3 - If the PennBid Program is idle for 50 minutes, a logout warning will appear. Bidders must acknowledge. If bidder does not acknowledge that they want to continue working, they will be logged out and bidder's data will not be saved or submitted.

How to submit your bid The Bid tab contains the electronic bid form. Ail Per Unit Price fields must be filled out.

To no-bid a line item, insert a zero (0). PennBid will automatically complete the line extensions and bid totals. At the bottom of the page, check the Verification Statement and click Submit Bid. Completed bid form can be printed or saved to Excel by clicking the icons in the middle of the bid form page.

Submitting documents with electronic bid An electronic copy of the documents listed above is to be submitted with the electronic bid. To attach theses documenls:

1. Fill out required documents and scan to create a sinqle electronic file or save as a single zipped folder containing all documents

2. From the Bid tab, click on "browse" (middle of the page), then click on the file or zipped folder name. The file will be attached to Vour bid submission when the Submit Bid button is clicked.

Imp-ortant Ngte 3 - when uploading a proposal or other document, the maximum individual file or folder size is 20Mb, Verifying that your bid was submitted If submitted properly, you will receive an acknowledgement appearing in ihe middie of your screen saying "Your bid has been submitted".

Withdrawing Your Bid You may withdraw your bid anytime up to bid due date and time by simply clicking on Withdraw Bid, located at the bottom of the Bid tab.

Help Guides There are several Help Guides available from the pennBid" Home paqe.

Additional Support If additional support is needed, click on the "Contact Us" button located at the upper right of each PennBid screen or call us at (610) 732-4224.

STANDARD FORMS

STANDARD FORMS PAGE

Bid Form 1

Non-Collusion Affidavit 5

Proposal Bond 8

Statement of Bidder's Qualifications 11

Bidders Responsibility Questionnaire 13

List of Proposed Subcontractors 14

Agreement (Contract Form) 15

Notice of Intent to Award 19

Notice of Award 20

Notice to Proceed 21

Performance and Maintenance Bond 22

Labor and Materialmen's Bond 26

Workmen's Compensation Affidavit 30

Certificate of Insurance 31

Certificate of Release 32

BID FORM

To: BOROUGH OF BIRDSBORO

202 East Main Street Birdsboro, PA 19508

Proposal of:_______________________________________________________ (Name)

Hereinafter called “Bidder”, a corporation, organized and existing under the laws of the state of ___________________, or an individual or partnership doing business as ______________________________ for furnishing all labor, equipment and materials for the 2026 ROAD PROJECT and appurtenances as indicated on the detailed Drawings and Specification listed herein, for the Borough of Birdsboro, Berks County, Pennsylvania.

1.Pursuant to and in compliance with your Invitation to Bid for the furnishing of all labor, equipment and materials for the 2026 ROAD PROJECT , and having carefully examined the Contract Documents comprising the

Drawings, Specifications and all other documents bound therewith, together with all Addenda, and being familiar with the site and the various conditions affecting the work, the undersigned hereby offers to furnish all labor, materials, supplies, equipment and other facilities and things necessary or proper or incidental to the construction as required by and in strict accordance with the applicable provisions of the Drawings and Specifications and all Addenda issued by the Owner and delivered to the undersigned prior to the date for opening of Bids whether received by the undersigned or not, for the Unit Prices and Lump Sums, as outlined in the Bid Form with the agreed stipulation and understanding that the quantities under the Schedule of Values are approximate only, are not guaranteed, and are subject to final checking as actually performed in the field.

2. The Bidder agrees to begin Work within Five (5) calendar days after receipt of the Notice to Proceed and to complete the entire Contract within 120 days of Notice to Proceed.

3. The undersigned agrees to provide the Bonds required with good and sufficient sureties within five (5) days after receipt of the Notice of Intent to Award.

4. Payment for all Work called for in the Drawings and Specifications or required for proper completion of the Work under this Contract and not specifically mentioned in the Specifications will be considered as covered by the Lump Sum and Unit

Price payments and no extra payments will be allowed therefore.

5. Attached hereto is an affidavit in proof that the undersigned has not colluded with any person in respect to this Bid or any other Bid for the Contract for which this Bid is submitted. The Bidder hereby certifies that no other person, firm or corporation has any interest in this Bid or in the Contract which may be awarded hereunder, except as disclosed herein.

6. The Bidder is prepared to submit a statement of Bidders Qualifications Form and financial statement upon the request of the Borough of Birdsboro.

7. Certification of Non-segregated Facilities:

The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained.

The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any rate of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom or otherwise.

The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the Equal Opportunity Clause, and that he will retain such certification in his files.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

8. The undersigned hereby designates where notices may be mailed, emailed, or delivered:

Contractor Name

Address

Telephone: Fax:

Email: __________________________________________

9. Accompanying this Bid is a (Bid Bond / Cashier's Check / Certified Check) in the amount of

(Written Amount)

Dollars ($ ) as Bid Security.

The Bidder declares that the names of persons affixed to the certificate of surety hereto annexed, were written by said persons, and that said persons are authorized representatives or officers of a guaranty or surety company duly authorized by the law to act as surety in the Commonwealth of Pennsylvania.

10.The detailed Specifications and Plans covering the Project upon which the Bid was prepared are as follows:

Contract Documents for 2026 ROAD PROJECT consisting of the milling and paving of roadways.

Drawings 2026 Road Project Exhibit

11.This Bid may be withdrawn at any time prior to the scheduled time for the opening of the Bids or any postponement thereof.

12. In submitting this Bid, Bidder represents, as more fully set forth in the

Agreement, that Bidder has examined copies of all of the Bidding Documents and of the following Addenda (receipt of which is hereby acknowledged):

Date Number

In Witness Whereof, the undersigned has caused this Bid to be executed this _______ day of _______________, 2026.

If Bidder is:

An Individual:

By ________________________________________________________ (Seal) (Individual’s Name) doing business as ___________________________________________________

Business Address: ___________________________________________________

A Partnership:

By ________________________________________________________ (Seal)

(Firm Name)

(General Partner)

A Corporation:

By ________________________________________________________ ____ (Corporation Name)

(Name of Incorporation)

By ________________________________________________________ ____

(Name of Person Authorized to Sign)

(Title)

Corporate Seal

Attest ________________________________________________________ ____

(Secretary)

NON-COLLUSION AFFIDAVIT

I, , certify that I am the

(Name of Individual Executing Affidavit) (Title) of , and that I am authorized (Bidder) to make this Affidavit on their behalf and on the behalf of its owners, officers and directors. I also certify that I am the person responsible at my firm for the prices included in the Bid for Borough of Birdsboro 2026 ROAD PROJECT and for calculating the amount of the Bid submitted by this company for that Contract.

I hereby certify and affirm that:

(1) The prices and amounts 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 prices nor the amount of this Bid, and neither the approximate prices nor approximate amount of this Bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and no such prices or amounts will be disclosed before bid opening.

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

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

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

I state, certify and affirm that understands and acknowledges that the above representations are important and may be relied on by Borough of Birdsboro in awarding the contract(s) for which this Bid is submitted.

I and the contractors or suppliers submitting this bid understand that any misstatement in this Affidavit is and shall be treated as fraudulent concealment from Borough of Birdsboro of the true facts relating to the submission of Bids for this contract and may be grounds for rescission and/or termination of any award.

Bidder:

By:

Title:

Date:

Sworn to and Subscribed

Before me this day of

, 202_

Notary Public

1. Failure to include this Non-Collusion affidavit with a Bid may result in the awarding entity determining that the bid is non-conforming.

1. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices, estimates and amounts quoted in the Bid.

2. Bid rigging (as defined in the Pennsylvania Antibid-Rigging Act, 62 Pa.CSA Sec. 4501, et seq.) and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of Bids are unlawful and may result in criminal prosecution. The person who signs the Non-Collusion Affidavit should examine it carefully before signing it and assure himself that each statement is true and correct, 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.

3. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the Bid documents, and a Non-Collusion Affidavit must be submitted separately on behalf of each party.

5. The term “complementary bid” as used in the Non-Collusion 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.

PROPOSAL BOND

KNOWN ALL MEN BY THESE PRESENTS, that we (Contractor) hereinafter called the Principal; and

(Surety)

Hereinafter called the Surety, are hereby held and firmly bound unto the

BOROUGH OF BIRDSBORO, hereinafter called the Obligee, as hereinafter set forth, (Owner) in the full and just sum of _________________ _______dollars (written amount) ($ ) lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.

Witnesseth That:

Whereas, The Principal is herewith submitting to the Obligee a certain Proposal dated __________,202_ to perform the work for the Obligee, in connection with the construction of the 2026 ROAD PROJECT as set forth in the Contract Documents as prepared by BOYER ENGINEERING

ASSOCIATES.

Now Therefore,

1. If said Proposal shall be rejected by the Obligee, or in the alternative,

2. If said Proposal shall be accepted by the Obligee, and the Principal shall duly execute and deliver the Contract in the form attached hereto and shall execute and deliver the PERFORMANCE, PAYMENT and MAINTENANCE BONDS in the forms attached hereto, and shall deliver evidence of adequate insurance coverage, within the stipulated time;

then this PROPOSAL BOND shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal or claims hereunder shall in no event exceed the amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and this BOND shall be in no way impaired or affected by an extension of the time within which the Obligee may accept such Proposal and said Surety does hereby waive notice of any such extension.

In Witness Whereof, The Principal and Surety cause this BOND to be signed, sealed and delivered this

_______ day of ___________, 202_.

Individual Principal:

Trading and doing business as:

Witness:____________ BY:_______ _ _(SEAL)

(Signature of Individual)

Trading and doing business as: ____________________________________

Partnership Principal:

Name of Partnership:_______________________________________ (SEAL)

Witness:

BY: ___________________(SEAL)

(Partner)

BY: _ (SEAL)

BY: (SEAL)

BY: _ _(SEAL)

Corporation Principal:

Name of Corporation: ____________________________________

Witness: Attest:

By: By: _______________________________

Officer or*Authorized Representative

Title: Title:

(Corporate Seal)

*Attach appropriate proof, dated as of the same date as the BOND, evidencing authority to execute on behalf of the Corporation.

Corporate SURETY:

(Corporate Seal)

(Name of Corporation)

Witness: **BY:

Attorney-In-Fact

**Attach as appropriate Power of Attorney, dated as of the same date as the

BOND, evidencing the authority of the Attorney-in-fact to act on behalf of the Corporation.

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder must also complete and attach the “Bidder

Responsibility Questionnaire”. The Bidder may submit any additional information as desired.

1. Name of Bidder

2. Permanent main office address.

3. When organized.

4. If a corporation, where incorporated?

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

6. Contracts in progress: (schedule these, showing amount of each contract and the appropriate anticipated time of completion.)

7. General character of work performed by your company.

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

9. Have you ever defaulted on a contract or are you a party to any legal proceeding alleging breach of contract or warranty? If so, where and why?

10.List the more important similar projects in size and complexity completed by your company in the past 2 years, stating the name and location of each, the contract amount, and the name and address of the client.

11. List your major equipment available for this contract.

12.Experience in construction work similar in importance to this project.

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

14.Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Borough of Birdsboro?

15. Credit available $_____________ (Optional).

16. Give Bank reference.

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

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

18.The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner or

Engineer in verification of the recitals comprising this Statement of Bidder's Qualifications.

Dated at this day of , 202_.

Name of Bidder:

Title:

CERTIFICATION

State of _____________

County of SS

, being duly sworn, depose and says that he/she is of ___ _____ , (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 __ , 202_.

Notary Public

My Commission Expires

BIDDER RESPONSIBILITY QUESTIONNAIRE

Has the Contractor completed satisfactorily and on-schedule at least ___3___ projects substantially similar to that described herein within the last ____5____ years? If yes, please describe specifically all such projects.

Does the Contractor have a minimum of __2__ years’ experience in bridge repair or similar construction? (Describe the specific construction project)

Please describe in detail any instance of liquidated, delay or other damages being asserted against or imposed upon or in connection with any project within the last _____5_____ years.

Has the Contractor been terminated from a related contract prior to completion of the contracted work within the last _____5______ years? If yes, please describe in detail.

Has the Contractor, or any of its officers, directors, shareholders, owners been placed on any state or federal debarment lists within the past __5___ years? If yes, please describe in detail.

LIST OF PROPOSED SUBCONTRACTORS

List all proposed subcontracts with value of $5,000 or over and attach this form to the Bid.

Description of Subcontractor's Subcontractor's Subcontract Name Address

Bidder

By_______________________________________

Title______________________________________

Date__________________

NOTE: This List of Proposed Subcontractors must be submitted with the Bid, and failure to submit will be considered justification for rejection of the Bid.

AGREEMENT

This Agreement made this day of , 2026, by and between

(A Corporation Incorporated Under the Laws of the State of __________________)

(A Partnership Consisting of _________)

(An Individual Trading as ) hereinafter called the "Contractor", and the Borough of Birdsboro, Berks County, Pennsylvania, hereinafter called the "Borough".

WITNESS, that the Contractor and Borough for the consideration stated herein mutually agree as follows:

ARTICLE 1. STATEMENT OF WORK

The Contractor shall furnish all supervision, technical personnel, labor, materials, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the 2026 ROAD PROJECT

, all in accordance with the listed Contract Documents including all Addenda thereto numbered ____N/A___ as prepared by Boyer Engineering Associates, referred to as the “Engineer".

ARTICLE 2. THE CONTRACT PRICE

The Borough will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit price stipulated in the

Bid for the item of work or several respective items of work completed and subject to additions and deductions as provided in the Section, CHANGES, ADDITIONS AND EXTRA WORK under GENERAL PROVISIONS (Section 17 thereof).

ARTICLE 3. CONTRACT

The Contract Documents shall consist of the following:

A. Notice to Bidders N. Labor and Materialmen's

Bond

B. Instructions to Bidders O. Workmen's Compensation Affidavit

C. Signed Bid Form P. Certificate of Insurance

D. Non-Collusion Affidavit Q. Certificate of Release

E. Proposal Bond R. Pennsylvania Labor and

Industry Requirements

F. Statement of Bidder's Qualifications

S. General Decision Wage Rates

G. Bidder Responsibility Questionnaire

T. General Provisions

H. List of Proposed Subcontractors

U. Utility Coordination

I. Agreement

J. Notice of Intent to Award V. Scope of Work

K. Notice of Award W. This Entire Contract Document Book

L. Notice to Proceed X. Drawings:

M. Performance and

Maintenance Bond

2026 Road Project

Exhibit 1

This Agreement, together with the other documents enumerated in this ARTICLE 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, form the Contract between the parties hereto. In the event that any provision of any other component part, the provisions of the component part first enumerated in this ARTICLE 3 shall govern, except as otherwise specifically stated.

ARTICLE 4. STIPULATION AGAINST LIENS

A. At the time of and immediately before the execution of the Contract and before any authority has been given by the Borough to the said Contractor to commence work on the said project or purchase materials for the same, in consideration of the making of the said Contract with the said Contractor and for the further consideration of one dollar paid to the said Contractor by the said Borough, it is agreed that no mechanic's claims or other liens shall be filed against the building and/or lot of ground appurtenant thereto by the said Contractor nor any subcontractor, nor by any of the materialmen or workmen or any person for any materials or labor of extra materials or labor purchased or furnished in connection with the site clearance and demolition work of the said project or any part thereof, the right to file such claims or liens being expressly waived and relinquished herewith.

ARTICLE 5. INDUCEMENT AND INTEREST

As an inducement to the execution of this Contract by the Borough, the Contractor represents and agrees that the Contractor has not employed any persons to solicit or procure this Contract, and has not made, and will not make, any payments to anyone, nor any agreement for the payment of any commission percentage, brokerage, compensation fee, or other compensation to anyone in connection with the procurement of this Contract; and that the Contractor has not now and will not acquire any, direct or indirect present or prospective interest, including but not limited to that of real estate agent, broker, or appraiser, in any of the portions or parcels in the Project Area covered; and has not employed and will not employ, in connection with the work or services to be performed hereunder, any persons having any such interest, direct or indirect, during the term of this Contract.

ARTICLE 6. INDEMNIFICATION

It is understood and agreed that the Contractor is a third party Contractor and is not a servant, agent or employee of the Borough and the Contractor saves and holds harmless the Borough from all manner of negligence or tort liability.

The Contractor is advised that provisions in the Contract Documents pertaining to indemnity shall be construed as if the members of the Borough and their agents were named therein as additional indemnities. The word "expense" as used in said provisions concerning indemnity shall be deemed to include, but shall not be limited to, attorney fees.

ARTICLE 7. INTERPRETATION AND TERMINATION

Notwithstanding any provision of this Agreement to the Contract, the interpretation placed thereon by the Borough with regard to any question concerning this

Agreement, shall be final and binding between the parties. The Borough shall likewise have the power to determine that there has been a default or violation by the Contractor as the provisions of this agreement or any part thereof as defined in

ARTICLE 3 above, and after five days' notice in writing to the Contractor regarding said default or violation determine the proper remedy to be pursued.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in 3 copies on the day and year written above.

ATTEST: __________________________________

By: ________________________________

Title: _______________________________

(Address)

(Date) (City, State, Zip Code)

(Borough Manager)

(Date) (Date)

CERTIFICATION

I, , certify that I am the ________________________

(Name) (Title) of the Corporation named as Contractor herein, that who signed the Agreement in behalf of the CONTRACTOR, who was then ___

(Title) of said Corporation; that said Agreement was duly signed for and in behalf of said

Corporation by authority of its governing body, and is within the scope of its corporate powers.

(Print or Type Names Underneath All Signatures)

__________________________________ (Corporate Seal)

NOTICE OF INTENT TO AWARD

To: __________________ Date: ___ _______, 2026

_________________ RE: 2026 ROAD PROJECT

Gentlemen:

BOROUGH OF BIRDSBORO, hereinafter referred to as the Owner, and represented by the undersigned, has considered the Bid submitted by you on ________, 2026, and it appears that you are the low Bidder for the above Work. The Owner intends to award a Contract to you. The Contract Price is computed to be on the basis of acceptance of your Proposal.

You are required by the INSTRUCTIONS TO BIDDERS and the GENERAL

CONDITIONS to furnish the required PERFORMANCE AND MAINTENANCE BOND, LABOR AND MATERIALMEN'S BOND, WORKMEN'S COMPENSATION AFFIDAVIT, and CERTIFICATE OF INSURANCE within five (5) business days after receipt of this

NOTICE OF INTENT TO AWARD. Three (3) copies of each are enclosed for your use, three (3) of which are to be executed and returned.

If you fail to furnish the BONDS and evidence of insurance coverage within five (5) days after receipt of this NOTICE OF INTENT TO AWARD, the Owner will be entitled to consider all your rights arising out of the acceptance of your Bid by the Owner as abandoned, including forfeiture of PROPOSAL SECURITY, and to award the Work covered by your Bid to another, or to re-advertise the WORK or otherwise dispose thereof as the Owner may determine.

Please return three signed copies of this NOTICE OF INTENT TO AWARD together with the executed BONDS to the attention of the undersigned.

ACCEPTANCE OF NOTICE

Receipt of this NOTICE OF INTENT TO AWARD is hereby acknowledged this ____ day of _______________, 2026.

By: For: Borough of Birdsboro

Title: By:

(Boyer Engineering Associates)

NOTICE OF AWARD

To: ___________________ Date: ________________, 202_

___________________ RE: 2026 ROAD PROJECT

BOROUGH OF BIRDSBORO, hereinafter referred to as the Owner, and represented by the undersigned, has received the executed PERFORMANCE, PAYMENT and MAINTENANCE BONDS, and INSURANCE CERTIFICATES as required by the NOTICE

OF INTENT TO AWARD dated __________, 202_. You are hereby notified that your Bid has been accepted.

Please return three signed copies of this NOTICE OF AWARD together with the executed copies of the CONTRACT within three (3) business days to the attention of the undersigned.

Receipt of this NOTICE OF AWARD is hereby acknowledged this ____day of _______________, 202_.

Title: By:

NOTICE TO PROCEED

To: __________________ Date: ___ _______, 2026

_________________ RE: 2026 ROAD PROJECT

BOROUGH OF BIRDSBORO, herein after referred to as the Owner, and represented by the undersigned, received the executed CONTRACT AGREEMENT and the NOTICE OF INTENT TO AWARD, and found them to be in order. You are hereby notified to proceed with the Work on _____________, 2026 and conditions of the CONTRACT require that the PROJECT be completed within 120 days after the NOTICE TO

PROCEED.

Please return an accepted copy of this NOTICE TO PROCEED to the attention of the undersigned.

Receipt of this NOTICE TO PROCEED is hereby acknowledged this ____day of _______________, 2026.

Title: Borough Manager

PERFORMANCE AND MAINTENANCE BOND

KNOWN ALL MEN BY THESE PRESENTS, that we, as principal, and ___________________________________________, as sureties are held and firmly bound unto the Borough of Birdsboro, Berks County, Pennsylvania it's certain attorney, successors, or assigns (hereinafter called the Obligee), in the full and just sum of

_____________________________________ dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents:

WHEREAS, the principal heretofore has submitted to the Obligee a certain Bid, dated _____________, 202_ (the "Bid"), to perform certain construction work for the Obligee, in connection with Obligee's proposed 2026 ROAD PROJECT pursuant to plans, specifications, and other related documents constituting the Contract Documents for the 2026 ROAD PROJECT

, which are incorporated into the proposal by reference (the "Contract Documents") as prepared by Boyer Engineering Associates, Douglassville, PA; and

WHEREAS, the Obligee is a "contracting body" under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania approved by the

Governor on December 20, 1967, known and cited as the "Public Works Contractor Bond Law of 1967" (the "act"); and

WHEREAS, the Act, in Section 3(A), requires that before an award shall be made to the principal by the Obligee in accordance with the proposal, the principal shall furnish this bond to the Obligee, with this bond to become binding upon the award of a contract to the principal by the Obligee in accordance with the proposal; and

WHEREAS, it also is a condition of the contract documents that this bond shall be furnished by

WHEREAS, under the Contract Documents, it is provided inter alia, that if the principal shall furnish this bond to the Obligee, and if the Obligee shall make an award to the principal in accordance with the proposal, then the principal and the

Obligee shall enter into an agreement with respect to performance of such work (the "Agreement"), the form of which Agreement is set forth in the Contract Documents.

NOW, therefore, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the principal shall faithfully perform the Agreement on his part as of the time and in the manner therein provided and satisfy all claims and demands incurred in or for the same, or growing out of the same, or for injury or damages to persons or property in the performance thereof, and shall fully indemnify and save harmless the said Obligee from any and all cost and damage which the Obligee may suffer by reason of the principal's failure to do so, and shall fully reimburse and repay the said Obligee any and all outlay and expense which it may incur by reason of any such default, then this obligation…