1-Rental Equipment Bid.pdf

ATTENTION BIDDERS

UWCHLAN TOWNSHIP

BIDDING DOCUMENTS

FOR

STATE LIQUID FUEL EQUIPMENT RENTAL SERVICES

Complete bidding documents are available at no cost on PennBid (www.pennbid.net).

Bidders who are working from an Invitation to Bid (ITB) package obtained from any other source may be working from an incomplete set of documents. The Township assumes no responsibility for a bid’s errors, omissions or misinterpretations resulting from a Bidder’s use of an incomplete ITB package.

The successful Bidder(s) shall execute PennDOT Form MS-970, which shall become part of the Contract Documents. In the event of a conflict between the Township’s Contract Document and the MS-970, the Township’s Contract Documents shall govern unless otherwise required by applicable law or PennDOT Municipal Liquid Fuels requirements.

715 NORTH SHIP ROAD

EXTON, PA 19341

(610) 363-9450 http://www.pennbid.net/

TABLE OF CONTENTS

SECTION 1………..………………………………………………….......NOTICE TO BIDDERS

SECTION 2 ……………………………...............BID INFORMATION AND INSTRUCTIONS

SECTION 3………………………………………….CONTRACT TERMS AND CONDITIONS

SECTION 4 …………………………………...............GENERAL TERMS AND CONDITIONS

SECTION 5 ……………………………………………………...............BID SPECIFICATIONS

SECTION 6 …………………………………………………………………………...BID FORM

SECTION 7 …………………………………………………………………………...BID BOND

SECTION 8 ………….………………………………………………...PERFORMANCE BOND

SECTION 9 …………………………………………...............NON-COLLUSION AFFIDAVIT

SECTION 10...……………….…AFFIDAVIT ACCEPTING PROVISIONS OF WORKMENS’

COMPENSATION ACT

SECTION 11.……………………PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

SECTION 12……….……..CDL COMPLIANCE – DRUG AND ALCOHOL TESTING FORM

SECTION 13……………………………………………………………………… AGREEMENT

SECTION 14………………………………………………………....PENNDOT FORM MS-970

SECTION 15………………………………………………………………..EXCEPTION FORM

APPENDIX A……………..…PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY

PREVAILING WAGE DETERMINATION NO. 26-07292

SECTION 1

NOTICE TO BIDDERS

Legal Ad Daily Local News To Be Run: August 12th and August 29th

NOTICE TO BIDDERS

Uwchlan Township is requesting sealed bids from qualified vendors to furnish Equipment Rental Services for the Township’s Public Works Department. Bids are being requested for the following equipment, in accordance with the specifications on file with the Township Secretary, Uwchlan Township, 715 North Ship Road, Exton, PA:

• Milling Machine

• Street Sweeper

• Tri-Axle Dump Trucks

• Asphalt Breakdown Roller

The Township reserves the right to award contracts by individual bid item, groups of bid items, or the bid as a whole. The Township may make multiple awards where doing so serves the best interests of the Township, including where multiple contractors are necessary to furnish the estimated quantities of equipment or to meet the Township’s operational requirements. The Township further reserves the right to reject any or all bids and to waive minor informalities or irregularities as permitted by law.

Bids shall be submitted electronically via the PennBid Program by Tuesday, September 8th at 3:00 P.M. ET, at which time they will be opened on PennBid.

Except as otherwise provided by law, no Bidder may withdraw his Bid within sixty (60) consecutive calendar days after the actual date of opening thereof.

Questions regarding this invitation to bid shall be submitted via PennBid by August 26, 2026 at 4:00 P.M. ET. Responses will be issued by addendum through PennBid.

Complete bidding documents are available at no cost on PennBid (www.pennbid.net).

The successful Bidder(s) shall furnish a Performance Bond in the amount of one hundred percent (100%) of the Total Evaluated Bid in accordance with the Contract Documents.

All bidders should be aware that the Township is an agency subject to the Right to Know Law. Any documents submitted should be considered as subject to potential public disclosure once the bid is awarded. Results will be available on Pennbid.

Uwchlan Township hereby reserves the right, which is understood and agreed to by all Bidders, to refuse any or all Bids submitted; and also reserves the right to waive any informality in Bids received, but any contract awarded will be to the lowest responsive, responsible Bidder.

By Order of the Board of Supervisors

Katie Churchill Township Secretary http://www.pennbid.net/

SECTION 2

BID INFORMATION

AND

INSTRUCTIONS

BID INFORMATION AND INSTRUCTIONS

2.1 Definitions

Invitation to Bid (ITB) All documents, whether attached or incorporated by reference, used to solicit competitive sealed bids.

Township Township shall be synonymous with the Uwchlan Township Board of Supervisors.

Bidder A firm, individual, or corporation submitting a bid in response to this ITB.

Addendum A written change, addition, alteration, correction or revision to a bid or contract document.

Bid / Proposal The formal response to the ITB.

Contract The agreement that results from this competitive procurement, if any, between the Township and the contractor identified.

Contractor / Vendor / Successful Bidder The Bidder(s) that will be awarded a contract pursuant to this solicitation and are responsible for performing the service or supplying the good as defined in the contract.

Subcontractor Any person other than an employee of Respondent who performs any services listed in this ITB.

Services The work identified in this ITB as to be performed by contractor under the ensuing contract.

Goods The equipment or items identified in this ITB as to be supplied by contractor under the ensuing contract.

Work The required services and required goods.

2.2 Purpose and Intent of Bid. This Invitation to Bid (ITB) is issued by the Uwchlan

Township Manager on behalf of the Uwchlan Township Board of Supervisors. It shall be the purpose and intent of this Invitation to Bid (ITB) to cover the terms and conditions under which a successful Bidder shall be responsible to supply Equipment Rental Services for the Uwchlan Township Public Works Department to be used at various project locations throughout the township through sealed bids.

The Township reserves the right to award contracts by individual bid item, groups of bid items, or the bid as a whole. Multiple awards may be made where necessary to furnish the estimated quantities of equipment, ensure equipment availability, or otherwise serve the best interests of the Township.

The Uwchlan Township Board of Supervisors reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the Township.

2.3 Receipt of Bid Package. Complete bidding documents are available at no cost on

PennBid (https://pennbid.bonfirehub.com). Bidders who are working from an ITB package obtained from any other source may be working from an incomplete set of documents. The Township assumes no responsibility for a bid’s errors, omissions or misinterpretations resulting from a Bidder’s use of an incomplete ITB package.

2.4 Examination of Bid. Bidders shall carefully examine all documents in the solicitation to obtain knowledge of existing conditions, limitations, and requirements. Failure to examine the documents will not relieve the Bidder of responsibility for same nor will extra payment or change order requests be considered for conditions which could have been determined by examining the solicitation.

Bids will be considered as conclusive evidence of complete examination and understanding of the terms and conditions of the bid documents including the specifications and all requirements thereof of the ITB. It is understood that submission of a bid indicates full acceptance of the same by the parties submitting the bid.

Furthermore, by submitting a bid the Bidder waives the right to claims for additional time or monetary compensation for all work without limit required to complete the contract which could have been obtained by the Bidder through examination of all documents, or raising a question regarding requirements prior to submitting a bid.

2.5 Preparation of Bid. The Township shall not be responsible for any costs associated with the preparation or submittal of any bid. All costs are entirely the responsibility of the Bidder.

2.6 Communications. All questions regarding this ITB shall be submitted via PennBid no later than August 26th, 2026, 4:00 P.M. ETT. Questions will be answered by issuing an addendum via PennBid.

2.7 Addenda/Amendments to Bid. All changes in connection with this bid will be issued by the Township in the form of a written addendum. All addenda will be posted on PennBid (https://pennbid.bonfirehub.com) at least seven (7) days prior to the deadline for ITB submissions. It is the Bidder’s responsibility to check the website and ensure they have all applicable addenda prior to bid submission. Signed acknowledgement of receipt of each addendum must be submitted with the bid.

2.8 Deadline and Opening of Bid. Bids shall be submitted electronically via PennBid no later than Tuesday, September 8, 2026, 3:00 P.M. ETT at which time bids will be opened via PennBid. Bid results will be available for viewing on PennBid.

The Bidder warrants the bid price(s), terms and conditions stated in his/her bid shall be firm for a period of 60 days from the date of the bid opening.

https://pennbid.bonfirehub.com/

2.9 Submission of Bid. Bids shall be submitted electronically via PennBid. Forms provided in the bid document are for reference only. Paper submissions and bids delivered by fax or electronic means are not acceptable and will not be considered.

The Township may waive minor informalities or irregularities in the bids received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Bidders. Minor irregularities are defined as those that will not have an adverse effect on the Township’s interest and will not affect the price of the bid by giving a Bidder an advantage of benefits not enjoyed by other Bidders.

2.10 Public Disclosure. All Bidders should be aware that the Township is an agency subject to the Right-to-Know Law. Any documents submitted should be considered as subject to potential public disclosure once the bid is awarded. Bid results will be available for viewing on PennBid.

2.11 Bidder’s Certification. By submitting a proposal, the contractor is certifying that it and its Principals and/or subcontractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by the State of Pennsylvania or any Federal department or agency.

2.12 Exceptions. A Bid submitted in response to this ITB constitutes a binding offer to comply with all terms, conditions, special conditions, general specifications, and requirements stated in this ITB, except to the extent that a Bidder takes exception to such provisions. To take exception to a provision of this ITB, the Bidder must clearly identify in the BID EXCEPTION FORM: (a) the number and title of each section of this ITB that the Bidder takes exception to; (b) the specific sentence within such section that the Bidder takes exception to; and (c) any alternate provision proposed by the Bidder.

2.13 Evidence of Financial Standing. After the bid opening, Bidders may be required to present suitable evidence of his/her financial standing within three (3) business days after request by the Township. This evidence would include an income statement, balance sheet and statement of cash flow accompanied by an auditor’s report attesting to the accuracy of the financial statements.

2.14 Non-Collusion Affidavit. The Township requires that a Non-collusion Affidavit be submitted with all bids pursuant to its authority according to the Pennsylvania Antibid- Rigging Act, 62 Pa. C.S.A. §4501 et seq.

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.

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.

If a bid is 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.

The term “complementary bid” as used in the Affidavit has 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 non-competitive bid, and any form of bid submitted for the purpose of giving a false appearance of competition.

Failure to file a Non-Collusion Affidavit in compliance with these instructions may result in disqualification of the bid.

2.15 Use of Bid Forms. The Bid shall be made on the bid forms included in this ITB and all applicable blanks on such forms shall be filled in. All bid forms must be submitted via PennBid. A Bidder’s failure to submit proper documentation may result in the Township’s rejection of the bid.

Any and all documents required by the ITB that require a notarization must include the signature and seal of the notary public as required by the state in which the notary is commissioned. For those states that do not require an embossed notary seal, a Notarization Affidavit must be completed and submitted with the bid. Bids and required documentation submitted without the embossed seal and without the Notarization Affidavit, as applicable, may be rejected at the time of bid opening.

For each line item offered, Bidders shall show both the unit price and extended price. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct and the extended price shall be corrected accordingly.

2.16 Bid Security. Each bid shall be accompanied by bid security in the form of either (i) a certified check or cashier’s check drawn on a bank authorized to do business in the Commonwealth of Pennsylvania; or (ii) a bid bond executed by the Bidder and a surety company authorized to do business in the Commonwealth of Pennsylvania.

The amount of the bid security shall be ten percent (10%) of the total amount of the bid, as required by Pennsylvania law and PennDOT Municipal Liquid Fuels Program requirements.

Bid security shall serve as a guarantee that the successful Bidder, if awarded a contract, will execute the Agreement and furnish all required bonds, insurance certificates, and other required documents within the time prescribed by the Contract Documents.

Bid security submitted by unsuccessful Bidders will be returned after the award of the contract(s). Bid security submitted by the successful Bidder shall be retained until the Agreement has been fully executed and all required performance security has been provided.

2.17 Modifications/Withdrawal of Bid. Bids may be modified or withdrawn prior to the submittal deadline. Requests for withdrawals or modifications of bids received after the bid submittal deadline will not be considered except as otherwise provided in the following paragraph. Bidders desiring to modify or withdraw his/her bid, must submit the purpose for modification or withdrawal in writing to the Township Secretary prior to the submittal deadline. Bidders may resubmit bids provided it is prior to the scheduled submittal deadline.

After bid opening, the Township Secretary may allow a Bidder to modify or withdraw its bid without prejudice if clear and convincing evidence supports the existence of a material and substantial error, an unintentional arithmetical error or an unintentional omission of a substantial quantity of work, labor, material, or services made directly in the compilation of the bid. Requests to modify or withdraw the bid must be made in writing to the Township Secretary within two (2) business days after opening the bids.

2.18 Evaluation of Bids. Bids will be evaluated in accordance with the required specifications as listed in this ITB. At the Township’s discretion, a bid may be eliminated from consideration for failure to comply with any required specification, depending on the nature and extent of non-compliance. In addition to meeting mandated specifications, bids will be evaluated for the ability of the Bidder to provide, in the Township’s opinion, the best overall solution to meet the Township’s objectives

2.19 Rejection or Disqualification of Bids. A bid that is incomplete, obscure, conditioned or contains additions not called for or irregularities of any kind, (including alterations or erasures which are not initialed), may be rejected as non-conforming.

The Township reserves the right to waive a bid’s minor irregularities if rectified by Bidder within three (3) business days of the Township’s issuance of a written notice of such irregularities.

The Township reserves the right to disqualify bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder.

Issuance of this ITB in no way constitutes a commitment by the Township to award a contract. The Township reserves the right to accept or reject, in whole or part, all bids submitted and/or cancel this solicitation if it is determined to be in the best interest of the Township.

Any bidder who has demonstrated poor performance of any Agreement with the Township or any other municipal or private entity or individual may be considered a non-responsible bidder and his/her bid may be rejected. Any Bidder who has demonstrated poor performance during a current or previous Agreement with the Township may be considered a non-responsible Bidder and his/her bid may be rejected. The Township reserves the right to exercise this option as is deemed proper and/or necessary.

Bidders must provide notice to the Township with their submissions of all adverse claims or litigation in which they have been involved in the last five (5) years where any issue of performance was raised, together with an explanation of the issue.

Failure to do so may result in disqualification. The Uwchlan Township Board of Supervisors reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the Township.

2.20 Assurance. Bidder assures to identify any contracts within the last five (5) years as to which there have been issues, questions or claims regarding performance or payment, and all litigation of any kind in which the Bidder has been involved.

2.21 Award of Bid. Award of any bid is contingent upon available budget funds and approval of the Uwchlan Township Board of Supervisors.

The Township will award contracts to the lowest responsive and responsible Bidder(s) whose bid(s) conform to the requirements of the Contract Documents. The Township reserves the right to award contracts by individual bid item, groups of bid items, or the bid as a whole. Multiple awards may be made where doing so serves the best interests of the Township, including where more than one Contractor is necessary to furnish the estimated quantities of equipment or meet operational requirements.

The Township reserves the right, in its sole and absolute discretion, to accept or reject any and all bids or parts thereof, or to accept such bid as they deem to be in the best interest of the Township.

An official letter of acceptance will be forwarded by the Township to the successful Bidder(s) after bid selection and prior to contract award.

Following award, the successful Bidder(s) shall complete all forms required by the Pennsylvania Department of Transportation for Municipal Liquid Fuels reimbursement, including MS-970.

2.22 Estimated Quantities. Quantities shown in the Bid Form are estimates prepared solely for bid evaluation. They are not guarantees of actual quantities to be ordered. The Township reserves the right to increase or decrease quantities based upon actual operational needs.

2.23 Prevailing Wage Requirements. This Contract is subject to the Pennsylvania

Prevailing Wage Act. The Pennsylvania Department of Labor & Industry has issued

Prevailing Wage Determination No. 26-07292, dated August 6, 2026, which is attached hereto and incorporated into the Contract Documents.

The Contractor and all subcontractors shall comply with the Prevailing Wage Act, all applicable regulations of the Pennsylvania Department of Labor & Industry, and the wage rates contained in the attached determination.

SECTION 3

CONTRACT TERMS

CONDITIONS

3.1 Evidence of Insurance. All Contractors shall, during the performance of this Agreement, keep in force the following insurance:

Worker’s Compensation Statutory Employer’s Liability Statutory Automobile Liability $1,000,000 combined single limit

Comprehensive General Liability with the following minimum coverage:

General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 Medical Expense (any one person) $ 5,000

The requirements of this clause are applicable to any and all subcontracts and subcontractors performing work under this contract. The Contractor will submit a Certificate of Insurance to the Township, naming Uwchlan Township as additional insured.

3.2 Agreement/Contract. Upon acceptance and award of a Bidder’s bid, the contract between the Bidder and the Township shall be drafted from (a) the ITB and addenda, (b) the selected bid (response to the ITB by the Bidder) and any attachments thereto, and (c) all written communications between the Township and the Bidder concerning the transactions. The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written. The entire contents of this proposal shall become a part of the contract.

3.3 Execution of Contract. The successful Bidder must execute a written contract with the

Township. If the successful Bidder fails or refuses to execute the formal contract within ten (10) days of the date of contract award, that award of the contract shall be voided, and all obligations of the Township in connection herewith shall be canceled.

3.4 Performance Bond. Within ten (10) calendar days after receipt of the Township’s

Notice of Award, the successful Bidder shall furnish a Performance Bond, executed by a surety company authorized to transact business in the Commonwealth of Pennsylvania, in the amount of one hundred percent (100%) of the Total Evaluated Bid.

The Performance Bond shall guarantee the faithful performance of all obligations under the Agreement, including the furnishing of heavy equipment rentals, operators where required, maintenance obligations, and all other requirements contained in the Contract Documents.

Failure to furnish the required Performance Bond within the prescribed time shall constitute sufficient cause for the Township to declare the Bidder in default, retain the Bid Security as liquidated damages to the extent permitted by law, and award the contract to another responsive and responsible Bidder.

3.5 Term of Contract. The contract, which results from the award of this ITB, shall commence on the Effective Date in the Contract and terminate December 31, 2026.

3.6 Option to Extend Contract Period. The contract may be extended at the bid pricing, provided there is mutual agreement by both parties in written form.

3.7 Termination. The Township reserves the right, at any time and for its convenience, to terminate the contract in whole or in any separable part by written notice to Contractor.

Such notice shall be provided at least thirty (30) days prior to the intended termination date. Contractor shall be compensated for Goods accepted and for Services performed in accordance with the provisions of the contract up to the effective date of termination, less any payments previously made by the Township for such Goods or Services, but in no event shall Contractor be entitled to recover loss of profits.

In the event that either the Contractor or the Township defaults in the performance of any obligation specified in the contract, the non-defaulting party shall notify the other party in writing and may suspend the contract, in whole or in part, pending remedy of the default. If such default is not remedied within fifteen (15) days from the date of receipt of such notice or if the other party is diligently attempting to cure such default but is unable to cure such default within thirty (30) days from the date of receipt of such notice, then the non-defaulting party shall have the right to terminate the contract immediately by providing written notice of termination to the other party

3.8 Time of Performance. Notwithstanding any delay in the preparation and/or execution of the formal contract agreement, the Contractor shall, upon receipt of written notice of award and satisfaction of all conditions precedent to contract execution, be prepared to furnish heavy equipment rentals and related services in accordance with the Contract Documents beginning on the contract commencement date.

The Contractor shall maintain the capability to furnish equipment throughout the term of the Agreement. Individual equipment requests shall be fulfilled within the response times specified in these Contract Documents or as otherwise agreed upon by the Township. Failure to meet the required response times may constitute a default under the Agreement. Contractor shall make reasonable efforts to furnish substitute equipment of equal or greater capacity whenever originally furnished equipment becomes unavailable.

3.9 Emergency Orders. If an awarded Contractor cannot furnish requested equipment within the required response time, the Township may obtain the equipment from another awarded Contractor or another lawful source.

3.10 Amendments/Modifications of Contract. The contract between the Township and the

Contractor shall not be amended or modified, nor shall any of its terms be waived, except in writing and executed by both parties.

3.11 Subcontracting. The Contractor shall not subcontract any of its obligations under this contract without the Township’s prior written consent. In the event the Township does consent in writing to a subcontracting arrangement, the Contractor shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this contract.

3.12 Variations in Estimated Quantities. The quantities shown in the Bid Form are estimates prepared solely for the purpose of bid evaluation. Actual quantities rented during the contract term may be greater or less than the estimated quantities. The Contractor agrees to furnish additional quantities of equipment, subject to equipment availability, at the applicable contract unit prices. The Township shall have no obligation to rent the estimated quantities and shall pay only for equipment actually furnished and accepted.

3.13 Extra Work. No extras or additional work will be allowed or paid for unless such extras or additional work are ordered in writing by the Township Manager, and the price fixed and agreed upon before such work is performed.

3.14 Inspection of Work. Inspection of all work may be made by the Board of Supervisors, the Township Manager, his/her duly appointed representative or other inspector(s) or assistants designated by that representative. The Contractor will be notified as to the name(s) and responsibility of such individual(s). The Contractor must notify the designated representative when all work has been performed in conformity with the requirements of this contract. The designated representative will certify that the Contractor’s work has been performed in conformity with the requirements of this contract.

3.15 Rejection of Work. Services and/or goods received by the Township shall not be deemed accepted until the Township has had a reasonable opportunity to inspect.

Services and/or goods that are discovered to be non-conforming to the agreed upon specifications may be rejected upon initial inspection or at any later time if non-conformity were not reasonably discoverable at the time of initial inspection. Within fifteen (15) days of receipt of notification of rejection, Contractor shall remedy services and/or goods without expense to the Township.

If the Contractor fails, neglects or refuses to do so, the Township shall then have the right to obtain such services and/or goods from another source and deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price stated and the actual cost thereof to the Township. If the amount due to the Contractor is insufficient to meet such expenses, the Contractor shall be liable for the excess and the Township may proceed against the Contractor through appropriate legal action.

3.16 Pricing. Bidders warrant the bid price(s), terms and conditions stated in his/her bid shall be firm for a period of 60 days from the date of the bid opening. Once an award is made and a contract is in place, prices shall remain firm and fixed for the entire contract period. If your bid includes price increases over the term of the contract, such increases must be clearly indicated in the Bid Price Schedule. All bid prices must include freight.

3.17 Payment. The Township will make payment within thirty (30) days of receipt of invoice for properly received goods and services after inspection and acceptance of the material and/or work by the Township. Advance billings are not allowed. Where partial delivery is made, invoice for such part may be made upon delivery, and payment made within thirty (30) days under conditions as above. The Township offers Contractors the option to enroll in electronic payment via automated clearing house (ACH) to the Contractor’s provided bank account of record. The Township is also able to pay via PCard if there is no transaction fee assessed to the Township.

3.18 Certified Payroll. The Contractor shall submit weekly certified payroll records for itself and all subcontractors in accordance with the Pennsylvania Prevailing Wage Act and regulations of the Department of Labor & Industry.

SECTION 4

GENERAL TERMS

CONDITIONS

4.1 Assignment. The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of its agreements with the Township, or its rights, title, or interest herein, or its power to execute such agreement, to any other person, company, or corporation without the previous consent and written approval by the Township.

4.2 Compliance with Laws. In the performance of the contract, Contractor shall comply with all applicable laws, ordinances, rules and regulations of governmental authorities and shall further specifically comply with those sections related to Equal Employment Opportunity and Non-Discrimination. Contractor shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations. Contractor shall give required notices and secure and pay for temporary permits, licenses, and easements required for performance of the contract.

4.3 Governing Law. The contract between the Township and the Contractor shall be governed in accordance with the laws of the State of Pennsylvania.

4.4 Independent Contract and Indemnity. The Contractor shall act as an independent contractor and not as an employee of the Township. Contractor agrees to indemnify and hold harmless the Township, its elected officials, employees and agents from and against any and all liability, damages, claims, suits, liens, and judgments (including reasonable attorney’s fees), of whatever nature, for injuries to or death of any person or persons, or loss of or damage to property, to the extent attributable to the negligent acts of Contractor, its subcontractors or its respective agents, servants, or employees or such parties’ failure to perform in accordance with the provisions of the contract resulting from this ITB.

4.5 Force Majeure. If the Township, in its reasonable discretion, determines that the Force

Majeure event is likely to delay Contractor’s performance for more than thirty (30) days, the Township reserves the right to cancel the agreement between the parties. In that event, neither party shall have any further liability to the other, subject only to the Township’s obligation to pay the Contractor for work already completed by the Contractor and the Contractor’s warranty for work already completed.

4.6 Tax Exemption. The Township is exempt from all Federal Excise Taxes and

Pennsylvania Sales Taxes, as a political subdivision of the Commonwealth of Pennsylvania. The Township’s registration number with the Internal Revenue Service is 23-6050018. Net prices shown in the bid shall exclude such Federal and State taxes.

4.7 Prevailing Wage Compliance. The Contractor shall pay not less than the applicable prevailing wage rates for all classifications of labor employed on the Project and shall comply with all applicable provisions of the Pennsylvania Prevailing Wage Act.

SECTION 5

BID SPECIFICATIONS

UWCHLAN TOWNSHIP HEAVY EQUIPMENT RENTAL SPECIFICATION:

ITEM

DESCRIPTION REQUIREMENTS OPERATOR

REQUIRED

ESTIMATED

QUANTITY

1 Milling Machine • Minimum operating weight of 45,000 pounds (or equivalent)

• Mill head minimum 5’, maximum 7’

• Center-mounted drum

No 120 hours

2 Street Sweeper • Motorized, mechanical street sweeper

• 10 years old or newer

• Experienced operator

Yes 1 Machine for 15 days

3 Tri-Axle Dump Truck

• 23-ton minimum

• Minimum 15 Cu. Yd.

capacity

• Experienced drivers

Yes 2 trucks for 200 hours each

4 Asphalt Breakdown Roller

• Minimum operating weight of 9,000 pounds (or equivalent)

• Double drum vibratory roller

• Hydrostatic drive

• Water spray system

No 120 hours

GENERAL DESCRIPTION OF BID ITEMS AND OTHER REQUIREMENTS

1. The horsepower, capacities, dimensions, and operating weights listed above are minimum acceptable requirements. Equivalent or superior equipment may be furnished with Township approval.

2. Bid prices shall include all transportation, delivery, pickup, mobilization, demobilization, and setup of the equipment.

3. Equipment shall be delivered clean, fully serviced, fueled, and in safe operating condition.

4. Each rental unit, where applicable, shall be equipped with:

a. Fully enclosed ROPS/FOPS cab;

b. Factory-installed heating and air conditioning;

c. Backup alarm;

d. Horn;

e. Seat belts;

f. Mirrors;

g. Standard manufacturer lighting;

h. Amber warning beacon.

5. Each unit shall include an operational and maintenance manual.

6. All safety devices shall be present and fully operational.

7. All equipment shall comply with applicable OSHA, PennDOT, and manufacturer safety requirements. All equipment furnished under this Contract shall be in good mechanical condition and capable of performing the intended work safely and efficiently.

8. Except as noted, milling machine equipment rental shall be operated by Township personnel.

9. The following equipment shall be furnished with a qualified operator:

a. Street Sweeper

b. Tri-Axle Dump Truck

10. Operators furnished by the Contractor shall remain employees of the Contractor. The Contractor shall be responsible for all wages, payroll taxes, benefits, workers’ compensation insurance, commercial driver’s license compliance, and all other employment obligations.

11. The Contractor shall remain responsible for all routine maintenance and repairs resulting from normal wear and tear during the rental period.

12. Rental quantities are expressed in the units most commonly used for each equipment type. Hourly-priced equipment shall be billed by the hour. Daily-priced equipment shall be billed by the day.

DELIVERY TIME PERIOD FOR THE ITEMS LISTED ABOVE

Delivery of heavy equipment rentals, F.O.B. Uwchlan Township or other location designated by the Township, shall be made in conformance with the Contract Documents as-needed.

Unless otherwise authorized by the Township:

• Emergency requests: within 4 hours of notification.

• Standard requests: within one (1) business day of notification.

• Scheduled rentals: on the date and time requested by the Township.

SECTION 6

BID FORM

BID FORM

The bid submitted to: BOARD OF SUPERVISORS OF UWCHLAN TOWNSHIP, Chester County, Pennsylvania.

This bid is submitted by: _________________________________________________ Name of Bidder

1. The undersigned bidder agrees, if this bid is accepted, to enter into an agreement with the Township in the form included in the Contract Documents to perform and furnish all equipment, labor, materials, services, goods, or products, hereafter referred to as “work”, as specified or indicated in the Contract Documents for the bid price and within the bid times indicated in this bid and in accordance with the other terms and conditions of the Contract

Documents.

2. Bidder accepts all of the terms and conditions of the Notice to Bidders and

Bid Information and Instructions. This bid will remain subject to acceptance for 60 days after bid opening. Bidder will sign and submit the agreement and other documents required by the Contract

Documents within 10 days after the date of the Township’s Notice of Award.

3. In submitting this Bid, Bidder represents as more fully set forth in the agreement, that:

BID FORM CONTINUED

3.1 Bidder has examined copies of all the bidding documents and of the following addenda, receipt of which is hereby acknowledged:

Date Number

3.2 Bidder has visited the township and become familiar with and is satisfied as to the general and local conditions that may affect cost, progress, performance and furnishing of the work.

3.3 Bidder is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work.

3.4 Bidder has given Township written notice of all conflicts, errors, and ambiguities or discrepancies that Bidder has discovered in the Contract

Documents and the written resolution thereof by the Township is acceptable to Bidder and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which the bid is submitted.

3.5 This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted pursuant to an agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any

BID FORM CONTINUED

other bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and

Bidder has not sought any collusion to obtain for itself any advantage over any other bidder or over the Township.

4. Bidder will complete the Work for the prices contained in the Bid Price Schedule attached to this Bid Form.

5. The apparent successful Bidder(s) shall complete and execute PennDOT Form

MS-970 prior to contract execution.

6. The following documents are attached to and made a condition of this Bid Form:

6.1 Notice to Bidders

6.2 Bid Information and Instructions

6.3 Terms and Conditions

6.4 Heavy Equipment Rental Specifications

6.5 This Bid Form.

6.6 Non-Collusion Affidavit

6.7 Equipment Rental Agreement

6.8 Bid Table submitted via PennBid

7. Communications concerning this bid shall be addressed to:

Name: __________________________ Address: __________________________ Phone: __________________________ Fax: __________________________ E-mail: __________________________

8. The Bidder acknowledges receipt of Pennsylvania Department of Labor &

Industry Prevailing Wage Determination No. 26-07292 and has included all applicable prevailing wage requirements in its bid.

BID FORM SIGNATURE BLOCK

NAME OF BIDDER: ____________________________________________________________

ADDRESS: ___________________________________________________________________

SIGNED: _____________________________________________________________________

PRINT NAME: ________________________________________________________________

TITLE: _______________________________________________________________________

PHONE NUMBER: _____________________________________________________________

CELL PHONE NUMBER:

E-MAIL ADDRESS: ____________________________________________________________

DATED BID WAS SUBMITTED BY VENDOR: _____________________________________

DATE BID WAS ACCEPTED BY TOWNSHIP FOR REVIEW: _________________________

NAME AND TITLE: ____________________________________________________________

SECTION 7

BID BOND

SECTION 8

PERFORMANCE BOND

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact business in PENNSYLVANIA as surety, are held and firmly bound unto UWCHLAN TOWNSHIP, 715 NORTH SHIP ROAD, EXTON, PA 19341 (hereinafter referred to as Obligee) in the sum of ___________________________________ ($ -100%), lawful money of the United States of America, to the payment of which said sum well and truly to be made the said Principal and the said surety do hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

SIGNED, sealed and dated this day of in the year Two Thousand and Twenty Six (2026).

WHEREAS, the said Principal has entered into a certain Contract in writing with said Obligee to provide all labor, tools, machinery, plant, equipment and materials and perform all the work of

The subject matter of this contract shall be in accordance with the Bid Document which consists of Bid Proposal, General Conditions, Instructions to Bidders, Detailed Specifications (when applicable), Special Conditions, all Addenda and Specifications which are particularly referred to and made a part hereof.

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal shall well and truly keep and perform the said Contract and all terms, covenants and conditions contained and set forth in said Contract and Bid Document, and shall indemnify Obligee against any loss arising by reason of failure of the said Principal to well and truly keep and perform the said Contract and all terms, covenants and conditions contained and set forth in said Contract and Bid Document, then this obligation shall be void; otherwise to be and remain in full force and effect.

SIGNED AND SEALED IN THE PRESENCE OF:

NAME OF CONTACT REPRESENTATIVE OF SURETY:

PHONE NUMBER:

PRINCIPAL (Corporation)

SURETY: ___________________

BY: __________(SEAL)

President

BY: __________________________ ATTEST: __________

Secretary

ATTEST: ___________________

(SEAL)

PRINCIPAL (Partnership)

SURETY: ___________________ BY: __________(SEAL)

Partner

BY: ________________________ WITNESS: __________

ATTEST: ___________________

(SEAL)

PRINCIPAL (Individual)

SURETY: ___________________ BY: ________________

Owner

BY: ________________________

WITNESS: __________

ATTEST: ___________________

(SEAL)

SECTION 9

NON-COLLUSION AFFIDAVIT

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid.

According to the Pennsylvania Antibid-Rigging Act, 62 Pa.C.S.A. § 4501, et seq, government agencies may require Non-Collusion Affidavits to be submitted together with bids.

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.

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.

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 in behalf of each party.

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, and intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.

NON-COLLUSION AFFIDAVIT

Contract/Bid/Proposal _____________________

State of ________________________________

County of _______________________________

I state that I am _____________________ (Title) of ______________________________ (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

1. The price(s) and amount of this bid have been arrived at independently and without consultation, communication, or agreement with any other Bidder, or potential Bidder.

2. Neither the price(s) nor the amount of this bid, and neither the approximate prices(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.

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

I state that ________________________ (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by Uwchlan 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 Uwchlan Township of the true facts relating to the submission of bids for this contract.

A statement in this affidavit that a person has been convicted or found liable for any act, prohibited by State or Federal Law in any jurisdiction, involving conspiracy or collusion with respect to proposing on any public contract within the last three years, does not prohibit Uwchlan Township from accepting a proposal form or awarding a contract to that person, but may be grounds for administrative suspension or debarment in the discretion of the Township under its rules and regulations, or may be grounds for consideration on the question of whether the Township should decline to award a contract to that person on the basis of lack of responsibility.

Name:

Signature:

Title

SWORN TO AND SUBSCRIBED

BEFORE ME THIS________ DAY

OF __________________, 20 ___

___________________________________ My Commission Expires:

Notary Public

SECTION 10

AFFIDAVIT ACCEPTING PROVISIONS OF

WORKMENS’ COMPENSATION ACT

State of )

) ss:

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

Act with .

( TYPE OR PRINT)

BY

day of A.D. 20 .

My Commission Expires

Sworn to and subscribed before me this

SIGNATURE

( DATE )

(SURETY COMPANY)

CONTRACTOR

SIGNATURE

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

SECTION 11

PUBLIC WORKS EMPLOYMENT

VERIFICATION FORM

SECTION 12

CDL COMPLIANCE – DRUG AND ALCOHOL

TESTING FORM

CDL COMPLIANCE - DRUG AND ALCOHOL TESTING

The parties agree that the relationship between the Contractor and Uwchlan Township is one of independent contractor and not employer/employee and that the individual employees of the Contractor who will be performing the work pursuant to this contract are not employees of Uwchlan Township. The Contractor hereby certifies, represents, and warrants to Uwchlan Township that all persons performing any aspect of the work pursuant to this contract who are required to have a commercial driver's license are subject to a program for drug and alcohol testing in accordance with the Omnibus

Transportation Employee Testing Act of 1991 and the federal regulations adopted pursuant thereto.

This hereby certifies that during the term of this contract the Contractor attests to participation in a qualified drug and alcohol testing program and agrees to offer verification of such testing prior to the start of the contract and anytime during the term of the contract at the request of Uwchlan Township.

Name of Testing of Program Contractor's Signature

Program Contact Person Contractor's Printed Name and Title

Program Address Date

Program Phone Number

SECTION 13

AGREEMENT

AGREEMENT FOR STATE LIQUID FUELS EQUIPMENT RENTAL

This State Liquid Fuels Equipment Rental Agreement…