1-VLTWP26001-2026 Road Program (R-2026).pdf

ADVERTISEMENT

INSTRUCTION TO BIDDERS

PROPOSAL AND CONTRACT

BONDS AND FORMS

GENERAL AND SPECIAL CONDITIONS

LIST OF ADDITIONAL CONTRACT DOCUMENTS

VALLEY TOWNSHIP

CHESTER COUNTY, PENNSYLVANIA

2026 ROAD PROGRAM

CONTRACT NO. R-2026

February 2026

PENNONI ASSOCIATES INC.

CONSULTING ENGINEERS

CHRISTIANA EXECUTIVE CAMPUS

121 CONTINENTAL DRIVE, SUITE 207

NEWARK, DE 19713

PROJECT NO. VLTWP26001

All documents prepared by Pennoni Associates are instruments of service in respect of the project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Pennoni Associates will be at Owner's sole risk and without liability or legal exposure to Pennoni Associates; and Owner shall indemnify, and hold harmless Pennoni Associates from all claims, damages, losses and expenses arising out of or resulting therefrom.

2026 Road Program

Contract No. R-2026

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TABLE OF CONTENTS PAGE

NO.

A - ADVERTISEMENT

B - INSTRUCTIONS TO BIDDERS

C - PROPOSAL AND CONTRACT

Attachment 1

Special Provisions (Attachment 1-A)

D - BONDS AND FORMS

Performance Bond

Payment Bond

Public Works Employment Verification Form

Anti-Collusion Affidavit

Affidavit RE Accepting Provisions of the Workmen’s Compensation Act

Maintenance Bond

Statement of Surety Company

Contractor’s Release

Notice of Completion

Certificate of Compliance

E - GENERAL CONDITIONS

1. Definitions ............................................................................................................................ E-1

2. Other Contracts .................................................................................................................... E-1

3. Sub-Contracts ....................................................................................................................... E-2

4. Mutual Responsibility of Contractors .................................................................................. E-2

5. Fitting and Coordination of Work ....................................................................................... E-2

6. Superintendence by Contractors .......................................................................................... E-2

7. Permits, Licenses and Taxes ................................................................................................ E-2

8. Provisions Required by Law ................................................................................................ E-3

9. Protection of Work and Property ......................................................................................... E-3

10. Temporary Provision for Public Travel ............................................................................. E-3

11. Shop Drawings ................................................................................................................... E-4

12. Termination; Delays; and Liquidated Damages ................................................................ E-4

13. Inconsistent Specifications and Drawings ......................................................................... E-5

14. Use of Premises .................................................................................................................. E-5

15. Possession Prior to Completion ......................................................................................... E-5

16. Changes in the Work .......................................................................................................... E-6

17. Claims for Extra Cost ......................................................................................................... E-7

18. Disputes .............................................................................................................................. E-7

19. Materials and Workmanship .............................................................................................. E-8

20. Samples, Certificates and Tests ......................................................................................... E-9

21. Changes in Equipment and/or Materials ........................................................................... E-9

22. Patents ................................................................................................................................ E-9

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PAGE

NO.

23. Warranty of Title .............................................................................................................. E-10

24. The Owner's Right to do Work ........................................................................................ E-10

25. The Owner's Right to Terminate Contract ....................................................................... E-10

26. Damages ........................................................................................................................... E-11

27. Engineers Status ............................................................................................................... E-11

28. No Estoppel or Waiver of Legal Rights .......................................................................... E-11

29. Safety and Health Regulations (OSHA) .......................................................................... E-12

30. Remedies .......................................................................................................................... E-12

31. Indemnification ................................................................................................................ E-12

32. Sub-Surface Information .................................................................................................. E-13

F - SPECIAL CONDITIONS

1. Contract Security ...................................................................................................................F-1

2. Contractor's Insurance ...........................................................................................................F-1

3. Special Insurance ..................................................................................................................F-3

4. Progress Schedule .................................................................................................................F-4

5. Location of Utilities ..............................................................................................................F-4

6. Inspection of Work ................................................................................................................F-4

7. Use of Explosives (DELETED) ............................................................................................F-5

8. Night, Weekend and Holiday Work .....................................................................................F-5

9. Payment to Contractor ..........................................................................................................F-5

10. Correction of Work After Final Payment ...........................................................................F-9

11. General Guaranty ................................................................................................................F-9

12. Office Space (DELETED) ..................................................................................................F-9

13. Sanitary Facilities ................................................................................................................F-9

14. Water ...................................................................................................................................F-9

15. Electricity ............................................................................................................................F-9

16. Lines, Grades and Construction Surveying ........................................................................F-9

17. Contract Standards Act .................................................................................................... F-10

18. Rates of Wages ................................................................................................................. F-11

19. Steel Products Procurement Act ...................................................................................... F-13

20. Act 287 ............................................................................................................................. F-13

21. Prevailing Wage Rates ..................................................................................................... F-13

G - LIST OF ADDITIONAL CONTRACT DOCUMENTS

1. T-1 TABLE OF QUANTITIES

2. ROAD MAP

A-1

A. ADVERTISEMENT

VALLEY TOWNSHIP

CHESTER COUNTY, PENNSYLVANIA

Sealed bids will be received electronically through PennBidTM by Valley Township for 2026 Road

Program, Contract No. R-2026, until 11:00 AM, prevailing time, on the 16th day of March 2026 at which time they will be publicly read at the Valley Township office, 1145 West Lincoln Highway, Coatesville, PA 19320. All documents and solicitation details are available online anytime at no cost at PennBidTM (www.PennBid.net). Click on the “Solicitations” and “View” tabs.

Each bid must be accompanied by a certified check or bid bond payable to the Owner in an amount of not less than ten percent (10%) of the bid or bids. Only bonds from companies licensed to do business in the State where the Owner is located will be accepted and the bond shall so state same.

This project involves a Base Bid of approximately 20,236 SY of milling and wearing course pavement, 100 SY of base repair, 285 tons of leveling course, and appurtenant work. This project includes Add-Items that may be awarded of approximately 4,314 SY of milling and wearing course pavement, 60 SY of base repair, 75 tons of leveling course, and appurtenant work.

Bids must be submitted unconditionally. No bidder may withdraw bid within SIXTY (60) days after the scheduled closing time for receipt of bids.

The successful bidder who is awarded the contract will be required to pay PennBIDTM 0.33% of the contract award value (up to $6,000).

The Owner reserve the right to waive any informalities, or to reject any or all bids.

This project is subject to prevailing wage rates in accordance with Pennsylvania Department of Labor and Industry.

B-1

B. INSTRUCTIONS TO BIDDERS

1. BIDDER'S RESPONSIBILITY

Each bidder shall familiarize himself with all of the attached forms, Instructions, General

Conditions, Plans, Specifications, Drawings, Permits, et cetera (collectively “Contract

Documents”), as he/she will be held responsible to fully comply therewith. Each bidder must visit the site of the work and acquaint himself/herself with conditions affecting the work.

2. DELIVERY OF BIDS

Bids shall be collected electronically at PennBid™ (www.PennBid.net). It is the responsibility of the bidder to submit his bid prior to the time of opening. No bid shall be considered after the time set for the receipt of bids.

Bids shall be submitted on the electronic Form of Bid furnished at PennBid™. Submission of paper Bid forms by mail, hand-delivery, e-mail, facsimile, or other method will not be accepted and shall not constitute a responsive bid.

All bid packages shall include:

• Form of Bid (filled out electronically on PennBid™)

• Proposal and Contract

• Attachment 1

• Special Provisions (Attachment 1-A)

• Bid Bond (AIA Form)

• Public Works Employment Verification Form

• Anti-Collusion Affidavit

• Affidavit RE Accepting Provisions of the Workmen’s Compensation Act

The apparent three (3) low bidders shall be prepared to provide the original paper copy of all bid forms, including original signatures and seals, within three (3) days of bid opening to the offices of the Owner if requested to do so by the Owner.

3. BULLETINS

Bidders shall acknowledge electronically on PennBid™ receipt of all bulletins which have been issued during period of bidding and agree that said bulletins shall become part of this contract.

4. BID GUARANTY

Each Bid shall be accompanied by either a certified check or Surety Company's Bid Bond as specified herein under "ADVERTISEMENT", in an amount of not less than ten (10) percent of the base bid, which check or bond shall be payable to the Owner as payee or obligee, and shall be forfeited as liquidated damages if the bidder fails to execute the contract in conformity with the Agreement incorporated in the Contract Documents, and furnish bonds as specified, within ten (10) days after receipt of Contract Documents. Such checks or bid bonds will be returned, to all except the three lowest bidders immediately after the award, and the remaining unsuccessful http://www.pennbid.net/

B-2 bidders checks or bid bonds will be returned when the contracts executed by both parties are delivered to the successful bidder.

5. METHOD FOR SUBMITTING BIDS

No bid will be considered unless submitted upon the electronic bid form for the project via

PennBidTM. The blank spaces in the bid form shall be filled in correctly, where indicated, for each and every item for which a description is given, and the bidder must state the prices for which he proposes to do each part of the work contemplated.

The bidder shall submit his signed bid electronically in addition to attaching the associated signed forms. If the bid is made by an individual, in addition to his signature, his complete post office address should be given. If made by a firm of partnership, the complete post office address of each member of the firm or partnership must be given. If made by a corporation, the person signing the bid should be the President or Vice President, attested by its Secretary or Treasurer, along with indication of its principal place of business.

If bidder has been incorporated in some state other than Pennsylvania, bidder shall state whether the corporation is registered to do business in Pennsylvania. If bidder operates under an assumed or fictitious name, he shall state whether such name has been registered in Pennsylvania.

No contract will be awarded to a bidder who is a foreign corporation or operating under a fictitious or assumed name unless he has complied or agreed to comply with the proper registration under the laws of this Commonwealth.

6. PROOF OF BIDDER'S RESPONSIBILITY

On request, bidder shall file an experience questionnaire and financial statement with the Owner.

The questionnaire and statement shall be certified to be true and correct by an affidavit sworn to or affirmed before a notary public, or other officer empowered to administer oaths or affirmations.

Upon request, bidder shall prove that he has liquid assets, available for the project upon which he is bidding in an amount equal to fifteen percentum (15%) of the first $100,000.00 of the amount of the bid plus ten percentum (10%) of the next $900,000.00 plus five percentum (5%) of the remainder of the bid.

None of the following will be considered as liquid assets:

(a) Capital Stock of the Contractor.

(b) Accounts receivable against which assignments have been made.

(c) Equity in real estate.

(d) Life Insurance.

(e) Reserve representing pre-payment of taxes or other expenses.

(f) Deposits held as security for other contracts.

(g) Capital of proposed sub-contractors.

In addition to the financial qualifications, the bidder may be required to prove to the satisfaction of the Owner that he has successfully completed a contract for similar work in an amount of not

B-3 less than seventy-five per centum (75%) of the amount of the proposed contract.

The foregoing will guide the Owner in determining the responsibility of the bidder, but additional information may be requested by the Owner whenever in its judgment such information is necessary to determine the responsibility of the bidder.

In the event the bidder fails, refuses or neglects to submit any required information within the reasonable time stated in any request therefore or fails to qualify as a responsible bidder, his bid guaranty shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages.

7. CHANGES WHILE BIDDING

During the bidding period, bidders may be furnished addenda or bulletins for additions to or alterations of the plans or specifications, if any, which shall be included in the work covered by the Bid and become a part of the contract documents.

If any prospective bidder on the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Engineer, electronically via PennBid™, a written request for an interpretation thereof. The bidder submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued electronically at PennBid™

(www.PennBid.net), and a copy of such addendum may be downloaded at any time by each prospective bidder who has received a set of such documents. The Engineer and/or Owner will not be responsible for any other explanations or interpretations of the proposed documents.

8. BID OPENING PROCEDURE

Sealed bids on projects will be received by the Owner via PennBidTM until the time stated in the

"Advertisement" at which time all bids will be publicly opened and read. The Owner reserves the right to reject any or all bids, or parts thereof, as it may deem best for the interest of the

Owner.

9. COLLUSIVE BIDS

The bid of any bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one bid in such manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a collusive bidder. The Owner may reject the bid proposals of any collusive bidder upon bid opening. However, nothing in this section shall prevent a bidder from revising their bid proposal electronically via PennBidTM at any time before the Bid due time.

http://www.pennbid.net/

B-4

10. WITHDRAWAL OF BIDS

After bid opening, no bidder may withdraw his bid within the time period indicated herein under

"ADVERTISEMENT". Requests for withdrawal of bids after bid opening due to clerical error shall be made in accordance with Commonwealth of Pennsylvania Act. No. 4 (S.B. 793).

11. RESOLVING TIE BIDS

In the event of a tie bid of the exact same amount between two or more responsive and responsible bidders, the Owner shall notify the affected bidders of the tie and request a voluntary discount from them to be due at the specified date and time. If this does not resolve the tie or is not practical, may consider any or a combination of the following factors in order to break the tie:

a) Advantageous delivery date

b) The bidder’s past performance with the Owner

If none of the above options are practical or do not result in breaking the tie, the Owner may utilize a coin flip to resolve the tie. If this method is to be used, the Owner will notify the affected bidders no less than 48 hours prior to the coin flip to allow for the bidders or their designees to be present, if they so choose, to witness the coin flip. In addition, any coin flip will be open to the public.

12. AWARD OF CONTRACT

The Owner shall have the right to reject any or all bids or any parts thereof, or items therein. The

Owner’s Solicitor shall have the right to waive technicalities for the best interests of the Owner.

If an award of Contract is made, it will be made to the lowest responsible bidder, based on the

Base Bid or any combination of the Base Bid and any of the selected Add Items within the time period indicated herein under “ADVERTISEMENT” or if not specified, within 60 days of the bid opening.

Thirty (30) day extensions of time may be made by the mutual written consent of the Owner and the lowest responsible bidder. If the lowest bidder withdraws his bid or refuses or fails to proceed according to the Contract Documents, the Owner shall have the right to award the Contract to the next lowest responsible bidder or to reject all bids and re-bid the Project.

13. EXECUTION OF CONTRACT

The individual, firm or corporation to whom or to which the contract has been awarded within ten (10) days after receipt of said documents shall sign and return to the Owner, the contract documents and substitute for the certified check, or bid bond, which accompanied the bid, a contract bond or bonds in the penal sum at least equal to the amount of such contract, for the faithful performance of the contract, and also an additional bond for labor and materials, in the penal sum at least equal to the amount of such contract, to cover the prompt payment in full for all materials furnished and labor supplied or performed, executed by a surety company or companies qualified to do business in the state where bid and a maintenance bond in the amount stipulated herein under "SPECIAL CONDITIONS". Each such bond shall be on the form approved by the Owners Solicitor.

The contract shall be executed by the Owner and the successful bidder within 30 days of the date

B-5 the contract is awarded unless the time shall be extended by the mutual written consent of the

Owner and the successful bidder.

No bids or awards shall be considered binding upon the Owner unless and until the contract documents are properly executed by both parties.

14. FAILURE TO EXECUTE CONTRACT

If the lowest responsible bidder to whom the contract is awarded fails to submit bonds or execute the contract within the time specified, the amount of the bid guaranty shall be paid to the Owner as liquidated damages. In such case the Owner, at his discretion, may award the contract to the next lowest responsible bidder, or reject all bids.

15. SUBLETTING OR ASSIGNING OF CONTRACT

The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or any portion thereof, of his right, title or interest therein, without the written consent of the Owner.

16. REJECTION OF BIDS

The right is reserved by the Owner at its discretion to reject any or all bids or parts thereof. Bids may be rejected if they show any omission, alterations of form, addition or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind, or any other reason as the Owner shall determine. However, the Owner reserves the right to waive any defects or irregularities on bids.

17. SUB-SURFACE INFORMATION

If a prospective bidder desires to make borings or soundings or to dig test pits at or near the site of the work he shall do so at his own expense subject to written approval of the Owner. Before making any excavations, borings or sounding or digging test pits the bidder shall check the records for any municipal, public utility, or privately owned structures that may be disturbed and notify the OWNER(s) of such structures forty-eight (48) hours in advance of starting work. In

Pennsylvania, notification per PA One Call requires notice prior to start of work by calling

1-800-242-1776. Bidders must obtain OWNER’S or ENGINEER’S permission three (3) working days before making any borings and shall close bore holes and test pits.

MS-944 (7-09) C. PROPOSAL AND CONTRACT

( WHEN EXECUTED ) THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS ON PAGE 4

A. DEPOSIT OF PROPOSALS.

Sealed bids will be received electronically through PennBidTM on or before

11:00 A.M. on the 16th day of March, 2026

Bids will be opened and read at approximately 11:00 A.M., on the above Letting Date.

The contractor proposes to furnish and deliver all materials ( including Form CS-4171, CERTIFICATE OF COMPLIANCE and/ or TR-465 DAILY BITUMINOUS MIXTURE CERTIFICATION ) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and specifications on file at PennBidTM as well as the supplements and special requirements contained herein and/ or attached hereto and current PennDOT Specifications (Publication 408), except Volumetric testing of bituminous paving materials is not required (Sec. 413).

If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed, or as otherwise provided in the special requirements, and will complete all work within 45 calendar days.

3 Accompanying this proposal is a certified check or bid bond in the amount of 10% of Bid made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirements of the proposal.

B. PROPOSAL OF:

NAME / ADDRESS OF CONTRACTOR

CONTRACTORS CERTIFICATION

It is hereby certified as follows:

1 The only person interested in the proposal as principal (s) is (are):

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

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

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

5 The contractor will comply with all requirements of the laws and implementing regulations of the

Commonwealth of Pennsylvania and the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

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

CONTRACTOR

BY: DATE:

TITLE:

WITNESSED OR ATTESTED BY: DATE:

TO BE EXECUTED ONLY IN THE EVENT THE ABOVE PROPOSAL IS ACCEPTED

ACCEPTED ON :

DATE

Valley Township

MUNICIPALITY

BY:

BY:

BY:

ATTESTED BY:

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SEAL

ATTACHMENT 1

TO MS - 944 ( PROPOSAL AND CONTRACT MS - 944 )

County: Chester Municipality: Valley Township

Project Number: R-2026

LOCATION OF WORK: See attached map

DESCRIPTION OF WORK: Milling, asphalt wearing course, bituminous base repair, and leveling/scratch course in accordance with PennDOT 408 specifications, latest edition thereof.

ESCALATOR CLAUSE ( if adopted by Municipality.) : N/A

SCHEDULE OF PRICES

Base Bid:

Item 1 No.

Approximate Quantities

Unit

*Description

Unit 5 Price

Total

1-1 20,236 S.Y. 1.5-inch Milling

1-2 20,236 S.Y.

1.5-inch, 9.5mm Superpave Wearing Course, PG 64S-22,

0.3 to < 3 Million ESALs, SRL - H

1-3 100 S.Y.

5-inch Base Repair, 25mm Superpave Base Course, PG 64S-22, 0.3 to < 3 Million ESALs

1-4 285 TONS 9.5mm Leveling / Scratch Course

SUBTOTAL

SCHEDULE OF PRICES

Add Items:

Item 1 No

Approximate 2 Quantities

Unit

*Description

Unit 5 Price

Total

2-Ridge Ave.(Spruce to Pine)

2-1 768 S.Y. 1.5-inch Milling

2-2 768 S.Y.

2-3 5 S.Y.

5-inch Base Repair, 25mm Superpave Base Course, PG 64S- 22, 0.3 to < 3 Million ESALs

2-4 10 TONS 9.5mm Leveling / Scratch Course

3-Oak Ave. (Entire Road)

3-1 1885 S.Y. 1.5-inch Milling

3-2 1885 S.Y.

3-3 20 S.Y.

3-4 25 TONS 9.5mm Leveling / Scratch Course

4-South Park (Spur Rd.)

4-1 940 S.Y. 1.5-inch Milling

4-2 940 S.Y.

4-3 30 S.Y.

4-4 20 TONS 9.5mm Leveling / Scratch Course

5-Main St. (Highland to Church)

5-1 721 S.Y. 1.5-inch Milling

5-2 721 S.Y.

5-3 5 S.Y.

5-4 20 TONS 9.5mm Leveling / Scratch Course

* DESCRIPTION:

Must include ADT on wearing surfaces USE OF CUTBACK ASPHALT IS PROHIBITED BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT AS NOTED IN

BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR EACH MUST BE INCLUDED.

GRAND TOTAL

(5- 06)

SPECIAL PROVISIONS TO CONTRACT MS-944 ( Attachment 1-A )

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and subcontractors must comply with all of the following provisions that are marked with an "X".

X Traffic Control and Safety Devices to be provided by the Contractor.

X (Maintenance and Protection of Traffic to comply with current MUTCD, Publication 212 and Publication 213.)

X Delivery tickets for all materials.

X CS-4171 Certificate of Compliance and/ or TR-465 Daily Bituminous Mixture Certification required for all materials.

X Notify the Municipality 5 working days prior to start of project.

X Work to be completed on or before 45 calendar days after the Notice to Proceed is issued.

X Liquidated damages apply 45 calendar days after the Notice to Proceed is issued at the rate of $350 per calendar day.

X Roadway to be power broomed by Contractor prior to start of project.

X Excess material to be removed by Contractor X Municipality to inspect project.

X Need Bill of Lading for each shipment of bituminous material per Section 702.1(c) of Specifications 408.

X Tack Coat required per Section 460, or 413 for superpave, of Specifications 408 and is incidental to paving item unless noted otherwise.

Prime Coat required per Section 461 of Specifications 408.

X Bituminous Seal on all abutting pavement and curbs required.

X Saw cut or Milled Paving Notch required and incidental to paving item unless noted otherwise.

X Scratch/ Leveling Courses to be placed at the discretion of appointed inspector(s).

Full width pavement with one pass required.

X Municipality reserves the right to limit work completed.

Taper pavement the last 3 feet to curb.

For FOB Source bids, hauling distance will determine selection of bid award.

Municipality reserves the right to procure material which best suits their requirements after all bids and items are reviewed.

X Incidental Preparation and clean up required. (Project Construction Materials ) X The municipality reserves the right to make an award on the basis of the aggregate total for all like items on which quotations are received.

Provide design, which meets Specifications Form 408 to the municipality 5 days prior to start of work.

X Contractor responsible for defects that occur within two (2) year of applications.

Contractor required to review proposed project with Municipality’s Representative prior to bidding.

Oil Samples required from each distributor truck by contractor (1) one quart : A.M. & P.M. and witnessed by municipality and retained by municipality. (Oil samples must be placed in an approved type container that is compatible with oil sample.)

At least three random stone samples to be taken by contractor on project site witnessed by municipality and retained by municipality.

Complete all testing in accordance with Specification Form 408 Section 413 except for superpave volumetric testing.

Notice to Proceed will be the date of PennDOT Project Approval.

X Final Completion Certificate & Notice of Completion required.

X Future award of Contract will be based on quality of work as determined by the municipality.

X Contractor to notify all affected residents of pending work to be performed.

X See “List of Additional Contract Documents” for additional contract documents.

X Valley Township and Pennoni Associates Inc. shall be named additionally insured. Three (3) copies of insurance shall be provided with the executed contract.

X Township work hours are 7:00 A.M. to 6:00 P.M., Monday through Friday and 8:00 A.M. to 6:00 P.M. on Saturday; no work, or operation of machinery, may be performed before or after these hours or on Sunday or holidays unless written permission is provided by the Township.

X The maximum elapsed time between the milling operation and the paving shall be five (5) working days unless written permission is provided by the Township. All restoration work on the roadway shoulder and edges must be completed within five (5) days of disturbance of the area. No areas shall be left in an unstabilized condition longer than five (5) days unless written permission is given by the engineer.

X The contractor is required to schedule a preconstruction meeting with the Township prior to commencing work on this contract.

X The contractor is required to submit a proposed schedule indicating anticipated start date, timeframe for project completion from beginning to end, and estimated sequence of construction.

X The Contactor’s construction operations, equipment, materials and any other such items shall not leave the permanent right-of-ways without written permission of the property owner and engineer.

The Contractor is responsible for the stump removal associated with all trees removed as part of this contract.

X The Contractor shall neither damage nor destroy any curbs, sidewalk, driveway aprons, trees or shrubs. All damages are to be replaced in kind by the Contractor at no additional cost to the municipality X The Contractor is required to fully inform themselves concerning location of public utilities on, under or over the project which may or may not require removal, resetting, construction or reconstruction and which may interfere with their operations.

They may or may not require removal, resetting, construction or reconstruction and which may interfere with their operations.

They shall be assumed to have prepared their bid and entered into contract in full contemplation of the conditions to be encountered and their responsibility in connection therewith.

The Contractor shall use special care in execution of the work in order to avoid interference or damage to any operating utilities (including, but not limited to painting exposed utility structures during construction). When there is any possibility of such interference or damage, the Contractor shall make satisfactory arrangements with responsible officers or owners of the utilities covering the necessary precautions to be used during performance of the work by the Contractor. Such arrangements shall be made before work is started and shall be subject to the approval of the engineer, which approval will not be considered as releasing the contractor from any responsibility for acts of themselves or their representatives.

X Manhole adjustments are incidental to the following bid item: 1.5-inch, 9.5mm Superpave Wearing Course, PG 64S-22, 0.3 to

< 3 Million ESALs, SRL – H.

X Adjustments to utility boxes are the responsibility of the contractor at no additional expense to the municipality.

X Transitioning grade, topsoil, seeding, and straw mulch of lawn area within the right-of-way to meet roadway elevations is incidental to items bid.

X The Contractor is responsible for coordinating with the Township for any work near signalized intersections to avoid interference or damages to traffic signalization equipment on, under or adjacent to the roadway.

X Maintenance and protection of traffic (MPT) is incidental to items bid unless a MPT bid item is included for a specific road.

My signature signifies that I have read and understand the above special provisions to this contract, and by being authorized by this company to act as their authorized representative, and on their behalf hereby agree to adhere to any and all of the provisions pertaining to this contract.

Contractor’s Representative Date Municipality’s Representative Date

Valley Township

Company Municipality

Attachment 2

($ ) dollars

WHEREAS, the above bounden Principal has entered into a contract with the above Municipality, bearing even date herewith, for

It is further provided that any alteration which may be made in the terms of the contractor or its specifications with the express authorizing the same to be done on .

BY

TITLE:

TITLE:

- 1 -

CONTRACTOR

SURETY COMPANY

Attest / Witness:

(DATE OF BOND)

approval of the Municipality or the Principal to the other, shall not in any way release the Principal and the Surety or either or any of them, to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and shall well and truly, and in a manner satisfactory to the municipality fulfill all obligations as therein set forth, then this Obligation shall be void, but otherwise the same the undertaking of certain obligations as therein set forth.

respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the surety of any such alteration or

(With Corporate Surety)

Attest / Witness:

IN WITNESS WHEREOF, the said Principal and Surety have duly executed this Bond under Seal, pursuant to due and legal action

NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal, as Contractor, shall in all lawful money to the United States of America, to be paid to the above Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

forebearance being hereby waived.

shall be and remain in full force, virtue and effect.

as Principal and a corporation incorporated under the laws of the State of

(SURETY COMPANY)

(NAME AND ADDRESS OF CONTRACTOR)

PERFORMANCE BONDMS-944-S (7-09)

(NAME OF MUNICIPALITY)

in the full and just sum of

(NAME OF STATE)

are held and firmly bound unto

KNOW ALL MEN BY THESE PRESENTS, That we, as Surety

PLACE

SEAL

HERE

PLACE

SEAL

HERE

MS-944S

KNOW ALL MEN BY THESE PRESENTS, that we a corporation incorporated under the laws of the State of as SURETY, are held and firmly bond unto the , in the full and just sum of

($ )dollars, lawful money of the United States of America, to be paid to the said or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above municipality hereinafter called Obligee, bearing even date herewith, for the improvement of a certain section of highway or bridge in said Municipality consisting of:

for approximately the sum of: ($ ) dollars.

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

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

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

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

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

WITNESS:

CONTRACTOR

BY:

SURETY COMPANY

TITLE: TITLE:

- 2 -

WITNESS:

day of

PAYMENT BOND Attachment 3 as PRINCIPAL and

PLACE

SEAL

HERE

PLACE

SEAL

HERE

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

Contracting Public Body _______________________________________________________________

Contract/Project No ___________________________________________________________________

Project Description ____________________________________________________________________

Project Location ______________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act

(‘the Act’) through utilization of the federal E‐Verify Program (EVP) operated by the United States

Department of Homeland Security. To the best of my/our knowledge, all employees hired post

January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, _________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

D-7126 ( 7-09 )

County

Municipality

Project Number

State of Fed. Project No.

( If Applicable )

The undersigned deponent deposes and says that he is the of the

BY

Sworn to and subscribed before me the undersigned notary public this day of , .

Notary Public

My Commission expires

(Contractor) competitive bidding in connection with such contract.

into any agreement, participated in any collusion, or otherwise taken any action in restraint of free

Company; that he is authorized to make this

Publication 408, as amended and that the said company has not, either directly or indirectly, entered affidavit on behalf of said company in compliance with section 102.06 (e) of Department Specifications, County of

ANTI-COLLUSION AFFIDAVIT

Attachment 4

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

- 3 -

CONTRACTOR

SIGNATURE

Sworn to and subscribed before me this

( DATE )

SIGNATURE

(SURETY COMPANY)

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

(TO BE COMPLETED AFTER AWARD)

(By Bonding Company)

MAINTENANCE BOND*

KNOW ALL MEN BY THESE PRESENTS, That, we, the undersigned, , as Principal, and

, a corporation organized and existing under the laws of the State of , as surety, are held and firmly bound unto the Valley Township (hereinafter Owner) as hereinafter set forth, in the full and just several sums of:

(a) Not Used.

(b) Not Used.

(c) Dollars ($ ), ( ( %) of the amount of the contract) (see pg. F-1) for MAINTENANCE as designated hereinafter, in Paragraph "C";

lawful money of the United States of America, to be paid to the said Owner, or its agents, to which payment well and truly to be made and done, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

Sealed with our respective seals and dates this day of , 2026.

WHEREAS, the above bounden Principal has entered into a Contract with the said Owner, dated the day of , 2026, for 2026 Road Program, Contract No. R-2026 upon certain terms and conditions in said Contract more particularly mentioned; and;

*Only bonds from companies licensed to do business in the State where the Owner is located will be accepted and the bond shall so state same.

WHEREAS, it is one of the conditions of the award of the Owner that these presents be executed.

NOW, THEREFORE, the joint and several conditions of this obligation are such:

A. Not Used.

B. Not Used.

C. That if the above bounden Principal shall remedy without cost to the said Owner any defects which may develop during a period of two (2) years from the date of completion and acceptance of the work performed under said contract, provided such defects, in the judgment of the Owner or its successor having jurisdiction in the premises, are caused by defective or inferior materials or workmanship, then this part of this obligation shall be void; otherwise it shall be and remain in full force and effect.

It is further agreed that any alterations which may be made in the terms of the Contract or in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving by the Owner of an extension of time for the performance of the Contract or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, executors, administrators, successors or assigns, from their liability hereunder, notice to the

Surety or Sureties of any such alterations, extension or forbearance being hereby waived.

The Principal and Surety hereby jointly and severally agree with the obligee herein that every person, co-person, co-partner, association or corporation who, whether as subcontractor or otherwise has furnished material or supplied or performed labor in prosecution of the work as above provided and who has not been paid therefor, within 90 days after the day on which any such claimant performed that last of such labor or furnished the last of the materials for which he claims payment may sue in assumpsit on this bond in his own name and prosecute the same to final judgment for such sum or sums as may be justly due him, them or it and have execution on the judgment; provided, however, that the Owner shall not be liable for the payment of any costs or expense of any such suit.

Recovery by any person, co-partnership, association or corporation who, whether as subcontractor otherwise, has furnished material or supplied or performed labor in prosecution of the work as above provided and has not been paid therefor, within 90 days after the day on which any such claimant performed the last of such labor or furnished the last of the materials for which he claims payment may sue in assumpsit on this bond in his own name and prosecute the same to final judgment for such sum or sums as may be justly due him, them or it and have execution on the judgment provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit.

The right of a claimant who is a subcontractor of a subcontractor of the Principal who has no contractual relationship express or implied, with the Principal may bring an action on this bond, as herein provided, only if he has given written notice in accordance with Act 385 of the 1967

Session of the Pennsylvania Legislature to the Principal within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished.

Recovery by any person, co-partnership, association or corporation hereunder shall be subject to the provisions of the Act No. 385 of the 1967 Session of the Pennsylvania Legislature to the same extent as if said provisions were fully incorporated in the bond.

It is further agreed that in accordance with Section 6 Act No. 385 of 1967 Session of the

Pennsylvania Legislature, that the Owner shall supply a certified copy of his Bond and the

Contract set forth above, to any person filing an affidavit that he has a claim hereunder, is a defendant on a claim hereunder, or is the surety, upon payment of a certification fee to the

Owner. Any action commenced on or arising from this Bond shall not be a bar to any subsequent actions that may arise as a result of the Contract set forth above, or otherwise.

IN WITNESS WHEREOF, the said Principal and Surety have duly executed this bond under seal the day and year first above written.

Witness:

BY (SEAL)

(Principal-Individual)

BY

(Attorney-in-fact)

BY

(Principal-Partnership)

Witness:

(SEAL)

(Surety)

By

(Attorney-in-fact)

Attest:

(Principal-Corporation)

(Secretary)

(President)

(CORPORATE SEAL)

(Surety) (Attorney-in-fact)

(TO BE COMPLETED AFTER CONSTRUCTION)

STATEMENT OF SURETY COMPANY

IN ACCORDANCE with the provisions of the CONTRACT dated between Valley Township

(Owner) and , (Contractor) the , (Surety)

SURETY on the Material and Labor

Payment BOND of after a careful examination of the books and records of said CONTRACTOR or after receipt of an affidavit from CONTRACTOR, which examination of affidavit satisfies SURETY that all claims for labor and materials have been satisfactorily settled, hereby approved of the final payment to the said

CONTRACTOR and by these presents witnesseth that…