10-INVITATION FOR BIDS 2026.docx

Section B Instructions to Bidders

INVITATION FOR BIDS FOR THE

SUPERPAVE TT2026-PW02

TREDYFFRIN TOWNSHIP CHESTER COUNTY

Tredyffrin Township will receive bids from pre-qualified contractors for Superpave TT2026-PW02 documents and solicitation details are available at no cost through PennBid electronic Bidding service (www.PennBid.net). All bids must be submitted electronically until 10:00AM, EST on 5/7/2026 at which time they will be opened and read aloud.

Each Bid must be submitted accompanied by a Bid Guarantee in the amount of Ten Percent (10%) of the total amount Bid. The Bid Guarantee must be in the form of Cash, Corporate Bid Bond, Bank Check, Cashier’s Check or Treasurer’s Check, drawn to the order of Tredyffrin Township. The proceeds thereof will be retained by Tredyffrin Township as liquidated damages if the successful bidder fails to execute this Contract as set forth in the attached Proposal, General Conditions, Special Provisions, and Specifications. A bidder’s personal check or non-certified corporate check is not an acceptable form of bid security. The surety firm must be licensed to do business in the Commonwealth of Pennsylvania. A copy of the bid guarantee must be scanned and submitted electronically.

Bid packages consisting of the Proposal Form, General Conditions, Special Provisions, and Specifications may be obtained on the PennBid website.

All workmen performing work on this project shall be paid the general minimum Prevailing Wage Rates supplied herein, as determined by the Secretary of the Pennsylvania Department of Labor and Industry, in accordance with the Regulations for Pennsylvania Prevailing Wage Act.

A Pre-Bid Conference will be held at 10:00AM on 4/23/2026 Questions about this Project and the bidding and contract requirements shall be submitted through the PennBid “Question” tab by 10:00AM on 4/29/2026

If you are a person with a disability and wish to attend the bid opening, and require an auxiliary aid, service or accommodation to observe or participate in the bid opening proceedings, please contact Tredyffrin Township to discuss how your needs can best be accommodated.

Tredyffrin Township reserves the right to reject any and all bids or parts thereof and to determine whether the quality and type of equipment and/or service to be furnished meet the requirements for which it was intended. In the best interests of the Township, the Board of Supervisors further reserve the right to insist or waive any technicalities required and to consider competency and responsibility of the bidder before the award of the Contract, and award it accordingly.

SPECIAL NOTICE:

1. As a requirement of this Bid, prospective bidders must provide, in writing, the full name of their Insurance Carrier or Carriers and their Bonding Company. Failure to supply this information will automatically disqualify their Bid.

2. The insurance requirements, as set forth in Section D of this bid package, Vendor/Contractor Insurance Requirements, are a critical portion of this Contract. No exceptions will be made to these requirements.

3. Bonding requirements are set forth in the Instructions to Bidders section of this bid package.

INSTRUCTIONS TO BIDDERS

1. PROJECT DESCRIPTION

This project involves “Superpave Street Resurfacing” The project consists of constructing, supplying and installing approximately:

Roadway Paving:

350 Tons Leveling Course 7,932 Tons of 9.5 MM Superpave

Municipal Complex

5,684 SY Milling 150 SY Type 1 Base Repair 142 Tons Leveling Course 490 Tons of 9.5 MM Superpave

All quantities are approximate and for informational purposes. I have attached a listing of the roads we wish to complete this year. This list is subject to change and additional roads maybe added. This is a prevailing wage project.

Term: Tentative start date: May 25, 2026 Tentative completion date: October 2, 2026

2. PennBid™ ELECTRONIC BID MANAGEMENT SYSTEM INSTRUCTIONS

Tredyffrin Township, along with many PA municipalities, authorities, and private firms, is utilizing the PennBid™ electronic procurement program for their solicitations, RFPs, and RFQs. Using PennBid is beneficial to both the agencies as well as the bidders. Costs and bidding efforts are greatly reduced as bid documents are available online, all Q&As are via email, and sealed bids can be submitted and updated online. Interested bidders need to register only once, a free process that takes only a few minutes. Once registered, bidders have access to publically available bids and solicitations from every agency within PennBid as well as By- Invitation-Only RFPs and RFQs. Bidders can obtain all project documents and submit and update their confidential bids online.

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

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

Documents – All documents may be downloaded directly to your computer. Documents can be electronically sent to your suppliers and subcontractors.

Being added to the “Bidders List” – By downloading any document, you are automatically added to the list of bidders for this solicitation.

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

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

What to submit with this bid Click on the “Bid” tab Enter financial bid Answer questions (if any) Attach a single electronic file or zipped folder containing the documents listed below:

- Bid Guarantee

- If a bond is provided as the Bid Guarantee, the Township must be provided a financial statement of the surety company, a certified copy of Power of Attorney of person who signed the Bid Guarantee, and an officer-signed certificate of surety company that they will provide the required bonds if Bidder is awarded the Contract.

- Consent/Agreement of Surety

- Contractor’s Qualification Statement

- Subcontractor’s Qualification Statement

- Non-Collusion Affidavit

- Bidder Certification of Prequalification Classification and Work Capacity, Form CS-4309 (7-90)

Important Note 1 – Only the original paper copy of the bid guarantee needs to be submitted to the Township. Upon request only, bidders will need to submit other documents in original form and signatures to the agency within 3 business days. Documents such as non-collusion affidavits, detailed financial information, etc. may be requested prior to award.

Important Note 2 – If the PennBid Program is idle for 50 minutes, a logout warning will appear. Bidders must acknowledge. If bidder does not acknowledge that they want to continue working, they will be logged out and bidder’s data will not be saved or submitted.

How to submit your bid – The Bid tab contains the electronic bid form. All Per Unit Price fields must be filled out. To no-bid a line item, insert a zero (0). PennBid will automatically complete the line extensions and bid totals. At the bottom of the page, check the Verification Statement and click Submit Bid. Completed bid form can be printed or saved to Excel by clicking the icons in the middle of the bid form page.

Section A Invitation for Bids

Tredyffrin Township, Chester County A-3 Submitting documents with electronic bid – An electronic copy of the documents listed above is to be submitted with the electronic bid. To attach these documents:

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

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

Important Note 3 – when uploading a proposal or other document, the maximum individual file or folder size is 20Mb.

Verifying that your bid was submitted – If submitted properly, you will receive an acknowledgement appearing in the middle of your screen saying “Your bid has been submitted”.

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

Help Guides – There are several Help Guides available from the PennBid™ Home Page.

Additional Support – If additional support is needed, click on the “Contact Us” button located at the upper right of each PennBid screen or call us at (717)-488-0035.

3. RECEIPT AND OPENING OF BIDS

Tredyffrin Township, herein referred to as “Owner,” will electronically receive bids submitted via PennBid, until 10:00 am on 5/7/2026 for the (Superpave Street Resurfacing) – Tredyffrin Township.

Tredyffrin Township reserves the right to reject any and all bids or parts thereof and to determine whether the quality and type of equipment and/or service to be furnished meet the requirements for which it was intended. In the best interests of the Township, the Board of Supervisors further reserve the right to insist or waive any technicalities required and to consider competency and responsibility of the bidder before the award of the Contract, and award it accordingly.

The Owner may consider any bid non-responsive if it is not prepared and submitted in accordance with the provisions hereof, and may waive any informalities in or reject any and all bids. A bid which is incomplete, obscure, conditioned, or which contains additions not called for, or irregularities of any kind, including alterations or erasures, may be rejected. A bid that is not accompanied by the required security or is unsigned shall be rejected. Any bid received after the time and date specified shall not be considered.

The Contractor shall not transfer or sublet any portion of the work covered by these bid documents without written consent of Tredyffrin Township.

4. PRE-BID CONFERENCE

A Pre-Bid Conference will be held at the Tredyffrin Township, 1100 Duportail Rd, Berwyn PA 19312 representative(s) and all prospective bidders and other interested parties to discuss the project. The meeting will take place on 4/24/2026 AT 10:00AM.

5. PREPARATION OF BIDS

Bidders will be assumed to have carefully examined the Invitation for Bids, the Instructions to Bidders, the Form of Proposal, the Agreement, the General Conditions, Other Conditions of the Contract, the Standard Specifications, and the Special Provisions for the work, all attached hereto, and to have carefully investigated physical conditions at the site and character of the work to be done and to have inquired fully into the difficulties of construction of the work before preparing their Proposal. The Owner will not be responsible for failure of the Contractor to properly estimate such difficulties and costs, or for overlooking any of the requirements of the Contract Documents.

If, in the Bidder’s opinion, any work is specified in such a manner as would make it impossible for him to guarantee to produce the required result; or should obvious and unintentional errors or omissions appear in the Contract Documents, the Bidder shall refer the same in writing to the Engineer for a decision before submitting his bid. If Bidder fails to make such reference, no extra charge thereafter will be allowed or excuse entertained for failure to carry out the work in an acceptable manner, or to produce the required results, or to remedy defects in the workmanship because of alleged impossibilities in the production of the results specified or because of inadequate or improper Specifications.

6. INTENT OF CONTRACT DOCUMENTS

The intent of the Contract Documents is to obtain a complete job, satisfactory to the Owner and its Engineer. It shall be understood that the Bidder has satisfied himself as to the full requirements of the Contract Documents, and has based his Proposal upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the prices bid for the items listed in the Bid Form.

7. CONTRACT CLAUSES

Each clause of the Contract Documents is to be followed wherever it may apply throughout the work, irrespective of the section or subdivision of the Contract Documents in which the clause may appear.

8. ADDENDA AND INTERPRETATIONS

No oral interpretations of the meaning of the Contract Documents made to any prospective Bidder by any person will be binding upon the Owner to any extent or for any purpose, and may not be relied upon by any prospective Bidder. Every request for such interpretation should be submitted electronically in the “Questions” tab on the PennBid website.

To be given consideration, each request must be received by 4/24/2026 by (10:00 AM). Any and all such interpretations and any supplemental instructions will be given in the form of written Addenda to the Bid Documents which will be uploaded to the PennBid website and emailed to the bidders list not later than three (3) calendar days prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such Addenda or interpretations shall not relieve said Bidder from obligations with respect to the bid as submitted. All addenda so issued shall become part of the Contract Documents. No verbal instruction or information to bidders will be binding. The Contract Documents will be considered clear and complete unless written attention is called to any apparent discrepancies or incompleteness thereof, before the opening of bids. Should the Owner receive any written inquiries, these inquiries will be answered in the form of Addenda to the Contract Documents and issued to all bidders.

9. CONDITIONS OF WORK

Each Bidder must inform himself fully of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve the successful Bidder of his obligation to furnish all material and labor necessary to carry out provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid.

Bidders are notified that it is obligatory upon them to obtain by their own means, information which they may require as to the existing physical conditions and, in particular, as to subsurface and groundwater conditions. Bids for all types of excavation are to be based on Unclassified Excavation which shall include all types of materials which are encountered, including, but not limited to weathered, decomposed, and sound bedrock; soil, gravel, and boulders; debris of any kind and organic matter.

10. QUALIFICATIONS OF BIDDERS – PennDOT Pre-Qualified

The Owner will make such investigations as it deems necessary to determine the ability and competency of the Bidder to perform the work in the manner and within the time limit stipulated, and the Bidder shall furnish to the Owner the Contractor’s Qualification Statement and all such information and data for this purpose as the Owner may request, such as evidence of the resources to fulfill the conditions of the Contract Documents. The Owner reserves the right to reject any bid received if the investigation fails to satisfy the Owner that such a Bidder is properly qualified to carry out the obligations of the Contract and to complete the work as specified.

The qualification 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 and affirmations.

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

In determining Bidder qualifications for this work, attention will be given to the method of construction which the Bidder plans to follow, the available experienced and skilled personnel which he plans to use in the prosecution of the work; and the type of equipment and material he plans to install; and he shall be prepared to furnish this information in writing, at the Owner’s request.

11. BID GUARANTEE

Each bid must be accompanied by a bid guarantee in the form of Cash, Corporate Bid Bond, Bank Check, Cashier’s Check or Treasurer’s Check, duly executed by the Bidder as principal and having as surety thereon a surety company approved by the Owner, in an amount not less than ten percent (10%) of the amount of the base bid. The surety company must be licensed to do business in the Commonwealth of Pennsylvania. Such checks or bid bonds will be returned to all except the three lowest formal Bidders after the Contract is awarded. The remaining checks or bid bonds will be returned when the Contract is executed by both parties and delivered to the successful Bidder.

12. TIME FOR COMPLETING WORK AND LIQUIDATED DAMAGES

The work under this contract must be substantially completed by (10/2/2026) All Bidders are notified that time is of the essence for this Contract. The successful Bidder will be required to prosecute the work so as to ensure its completion by the above date set forth. It is mutually agreed that damages to the Owner for failure of the successful Bidder to fully complete the work under this Contract on or before the above-stated date shall be $1000.00 per calendar day in accordance with Publication 408, Section 108.07(a), effective April 4, 2014, and its Supplements, after said date that shall elapse before the work is fully completed, which amount shall in no event be considered as a penalty, but as liquidated damages due the Owner because of said delay. The Owner may retain the amount thereof from any monies which otherwise would be payable hereunder to the successful Bidder.

13. EXECUTION OF CONTRACT

The Bidder to whom a Contract is awarded shall, within ten (10) consecutive calendar days after the official notice of acceptance of his bid, execute the Contract in quadruplicate, and submit the same to the Owner along with bonds, Waiver of Right to File Mechanic’s Liens, and insurance certificates, described in these instructions. The time for such submittal may be extended at the election of the Owner and for the sole benefit of the Owner. Failure or refusal of the Bidder to do so will be considered as an abandonment of the Contract, and bid guarantee posted with any Bid shall be forfeited to and become the property of the Owner in an amount not to exceed the difference between the amount specified in said bid, and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid.

14. BONDS AND INSURANCE

Simultaneously with delivery of the executed Contract, the successful Bidder must provide insurance certificates with additional insured endorsements, Commercial General Liability Insurance, Employer’s Liability and Worker’s Compensation Insurance and Commercial Automobile Liability Insurance. Coverage of risks and type of certificate shall be in accordance with the Section D Insurance Requirements of the Contract Documents.

The Owner shall carry Owner’s Builder’s Risk – All Risk Perils Insurance. The Contractor shall be responsible for insuring all materials stored off-site; equipment on-site and off-site; and the deductible on the Owner’s Builder’s Risk – All Risk Perils Insurance.

Contractor’s insurance policies shall be with an insurance company or companies licensed to do business under the laws of the Commonwealth of Pennsylvania, subject to the approval of Owner. Each company shall be rated at least “B-plus” by A.M. Best Co, and shall be approved by the United States Department of the Treasury as a surety Company acceptable on Federal Bonds. In addition, the bonding Company shall have been registered with the Office of Judicial Support and the Office of the Recorder of Deeds of the County of Chester.

Simultaneously with delivery of the executed Contract, the successful Bidder must deliver to the Owner executed bonds as security for the faithful performance of the Contract and for payment of all persons performing labor or furnishing materials in connection therewith. The performance bond shall be in the amount of one hundred percent (100%) of the total Contract price, with the Labor and Material Bond being in the amount of one hundred percent (100%) of the total contract price. The successful Bidder shall provide a Maintenance Bond after completion of the work and as a condition of acceptance by the Owner. The Maintenance Bond shall be in the amount of one hundred percent (100%) of the relevant Contract prices as a guarantee against defective workmanship and/or materials and equipment and shall cover a maintenance periods of two (2) years from the date of acceptance of the work. All bonds shall be on the forms attached hereto, and shall have as security thereon such surety company or companies as are acceptable to the Owner and as are authorized to transact business in the Commonwealth of Pennsylvania. Alterations made in the terms of the Specifications, Agreement, or quantities of work, shall in no way violate these bonds.

If the surety of any bond or insurance furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Pennsylvania, the Contractor shall, within ten (10) calendar days thereafter, substitute another insurance or bond surety, all of which must be acceptable to the Owner.

Section B Instructions to Bidders

Tredyffrin Township, Chester County B-3

The Contractor shall indemnify, defend, and hold harmless the Owner, its officers and employees from all suits, actions or claims of any character, name and description, including attorney’s fees and costs, brought for or on account of any injuries or damages received or sustained, including wrongful death by any person or persons including but not limited to employees and other persons on the site or off the site if related to their work and/or this Agreement; or for injury or damage to property or other living things in which property rights by law exist, or by or in consequence of any neglect in safeguarding the work, or through defective workmanship materials, or on account of any act, omission, neglect, or misconduct of the said Contractor; or for any claims or amounts arising or recovered under the Workman’s Compensation Law or any other law, by-law, ordinance, order of decree. The monies due Contractor under or by virtue of his Contract as shall be considered necessary by the Owner may be retained for the use of the Owner, or in case insufficient money is due, his surety shall be held until each suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect furnished to the Owner.

The Contractor shall purchase and maintain such policy or policies of insurance as will protect from claims, as hereinafter set forth, which may arise out of or result from the Contractor’s operation under this Agreement, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall name the Owner, its agents, employees, officers, and Owner’s consultant, its agents, employees, officers, and assigns as additional insured under the policies. Original Certificates of Insurance, made out to the Owner, must be provided to the Owner prior to execution of the Agreement by the Owner. The kinds of claims to be insured against are as follows:

a. Claims for damages because of bodily injury, occupational disease, sickness, disease or death of Contractor’s employees.

b. Claims for damages because of bodily injury, sickness or disease of any person other than the Contractor’s employees.

c. Claims for damages insured by unusual personal injury liability coverage that are sustained by any person as a result of any injury directly or indirectly related to the employment of such person by the Contractor or by any other person.

d. Claims for damages other than to the work itself because of injury to and destruction of tangible property, including loss of use resulting there from. Any care, custody, and control exclusion shall be removed.

e. Claims for damages because of bodily injury or death of any persons or property damage arising out of the ownership, maintenance, or use of any motor vehicle.

f. Claims for false arrest or imprisonment, assault and battery, errors and omissions, invasion of civil rights, and like claims.

The required insurance shall be for not less than the limits as set forth in Section D - Insurance Requirements, or as may be required by law, whichever is greater.

Original Certificates of Insurance made out to the Owner in the form above designated shall be provided by the successful bidder to the Owner for review and approval along with the signed Agreement will not be executed by the Owner in the absence of Certificate(s) of Insurance. Policies shall be effective commencing by the first day of work and remain in effect during the life of the project.

15. POWER OF ATTORNEY

Attorneys-in-fact who execute bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

16. BASIS OF AWARD

The Contract will be awarded on the basis of competitive bids to the responsible Bidder submitting the lowest responsive base bid. The Owner reserves the right to select at its own discretion a particular bid alternate, if offered, regardless of whether the alternate bid is of a lower comparative price.

Contracts shall be awarded to the lowest responsible bidder. In determining “lowest responsible bidder”, in addition to price, the Township in its pre-award evaluation shall ascertain and consider:

a. The expertise of the bidder to perform the Contract or provide the service required;

b. Whether the bidder can perform the Contract or provide the service promptly, or within the time specified and with adequate supervisory personnel;

c. The character, integrity, reputation and judgment of the bidder;

d. The quality of performance on previous contracts and services;

e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract or service;

f. The sufficiency of the financial resources of the bidder to perform the Contract or provide the service;

g. The ready availability of supplies necessary to discharge performance in a prompt and workmanlike manner;

h. The ability of the bidder to provide future maintenance and service for the use of the subject of the Contract;

i. The number and scope of conditions attached to the bid.

(The acceptance of all bids for contracts is made expressly conditioned upon a satisfactory rating from a pre-award investigation.)

The following will automatically disqualify a low bidder:

a. Default on the payment of taxes, licenses, or other monies due the Owner.

b. Default, breach or repudiation on past contracts, which reflect a course of performance, deemed deleterious to the Owner’s best interest.

When the award is not given to the lowest bidder, a full and complete statement of the reasons for awarding the Contract to another bidder shall be prepared and filed with the other papers relating to the Contract award.

17. OTHER CONTRACTORS

Bidders are advised that work other than the work covered under their Contract may be in progress at the site of the work during the performance of the work covered by these documents. Accordingly, Bidders are warned that coordination of construction activities at the site must be such as to avoid interference.

UNDER NO CIRCUMSTANCES SHALL THE OWNER OR ENGINEER BE HELD RESPONSIBLE TO THE CONTRACTOR FOR DELAYS OR EXTRA WORK OCCASIONED BY INTERFERENCE OF WORK BY THE “OWNER’S” FORCES, OTHER UTILITY COMPANIES OR BY OTHER CONTRACTORS.

18. PROGRESS SCHEDULE

Within ten (10) consecutive calendar days after the effective date of the Agreement, the Contractor shall submit a proposed program of operation, showing clearly how he proposes to conduct the work so as to bring about the completion of the work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently finished. The program shall be subject to the approval of the Owner and shall be updated by the Contractor at any time during performance of the Contract, should the Owner determine that the Contractor’s actual progress does not correspond to that projected in the then-existing progress schedule.

The Contractor will be held strictly to the terms of the Contract regarding the diligent prosecution of the work and the time of its completion. In case additional work is ordered or in case of delays not the fault of the Contractor, the Owner may make an equitable extension of working time by so designating in writing.

19. PROGRESS PAYMENTS

The Engineer will prepare progress estimates based on the Contractor’s monthly submittals either by direct estimation or by measurements, or by a combination of both, of work done by the Contractor during the previous monthly period. Only one payment request shall be processed each month, and the request shall be made on the standard AIA Document “Application and Certificate for Payment Form” provided. Payments shall be subject to the Engineer’s determination of satisfactory and diligent performance by the Contractor. Payments will be made by the Owner on or before the time specified in the Agreement.

20. PERMITS, APPROVALS AND LICENSES

The Contractor must be registered to perform work within Tredyffrin Township. In addition, the Contractor shall be required to determine the necessity for and obtain all permits, approvals and licenses (“Permits”) required by the municipality or other public authorities and agencies, including, but not limited to land disturbance, sign, building, electrical, plumbing, trailer, driveway, use, and roadway opening permits for pipeline work in local rights-of-way, and other permits which may be required by other public agencies, utility companies and railroads, and shall give all notices required by law or municipal ordinances. The Owner will assume the charges or fees for any permits required by the municipalities or any other public body, but any other expenses shall be borne by the Contractor.

21. ESTIMATED QUANTITIES

The quantities given in the Form of Proposal and attached to the Contract Documents are approximate only, being given as a basis for the uniform comparison of bids, and the Owner does not expressly or by implication warrant that the actual amount of work will correspond therewith. In the event actual work quantities differ from estimated quantities, the Bidder’s attention is directed to Instructions to Bidders, “QUANTITY VARIATIONS”.

22. QUANTITY VARIATIONS

Where the quantity of work shown for an item in the Bid Form, including any modification thereof, is estimated, no adjustment of the Contract price, or of the Contract time of completion, shall be made for overruns that are within twenty-five percent (25%) of the estimated quantity of any such item.

For the overruns of more than twenty-five percent (25%), the price paid for each unit of the overrun quantity greater than twenty-five percent (25%) of the bid quantity shall be one hundred percent (100%) of the unit price shown on the Bid Form.

23. PRODUCT SPECIFICATIONS

When products of particular named manufacturers are specified, it is intended and shall be understood that the Proposal tendered by the Bidder includes those products in this bid. If the Owner has made provisions for alternate product submittals in the Form of Proposal, and should the Bidder desire to submit for consideration of unspecified products as equal to those specified, the Bidder may not submit alternate bids for such projects directly in the Proposal, unless previously approved. Unspecified products must be manufactured, installed and/or constructed in accordance with PennDOT Publication 408 – Specifications, latest edition.

Both the name of the manufacturer and the proposed price adjustment to the total bid cost must be clearly indicated thereon. In all cases, the total bid price shall be based only on the use of specified products, unless an alternate is pre-approved by the Engineer/Owner, with such total bid price being the basis of determining the lowest total base bid. Consideration of such alternate products shall be limited to the alternate products proposed by such Bidder. The Owner shall be the sole judge as to the equality of the proposed alternate product(s).

The Owner also reserves the right to reject any unspecified product of products submitted which requires changes in the design, construction, or other changes which may increase the Contract price for the performance of work. The alternate product or products submitted by the Bidder shall meet requirements of the Specifications and shall, in all respects, be equal to the products specified by name herein.

24. PRE ESTABLISHED MINIMUM ALLOWANCES FOR ASSIGNED BID ITEMS

It is understood that each Bidder has included in the Contract price at least the minimum allowances, if so listed on the Form of Proposal, and shall cause the work so covered to be completed by his own forces, subcontractors, and suppliers, in such a manner as to be completely acceptable to the Engineer. Any Proposal that contains a dollar amount(s) that is less than the minimum specified allowance for that item should be considered to be non-responsive.

25. COMPARATIVE VALUE OF PROPOSALS OR PRODUCTS

In comparing alternate Proposals or alternate products, consideration will be given not only to first cost of installation, but also to the cost of operation and maintenance, and to the suitability of the offering to conditions present and potential.

26. TRADE NAMES

Wherever trade names are used either on the Drawings or in the Contract Documents, it is understood that such names and designations indicate a type or kind of material and/or equipment. Approved equal in kind, type, and/or quality will be accepted at the discretion of the Owner. The Contractor shall submit manufacturers’ product data, etc., sufficient for the Engineer to determine equivalency of material and/or equipment.

27. SAFETY

It shall be the single and sole responsibility of the Contractor to ensure that his activities comply with all applicable safety requirements, including, but not limited to local, state and federal regulations. Neither the Engineer nor the Owner shall owe any duty under this Contract or otherwise to the Contractor or its agents, employees or guests to inspect the work or otherwise ensure compliance by the Contractor with applicable safety requirements. No increases in the Contract price or extensions in the Contract time of completion shall be given by the Owner as the consequence of the Contractor’s failure to so comply. All federal, state and local safety regulations must be adhered to.

28. CONTAMINATED SOILS

Should the Engineer agree that reasons exist to believe that contaminated soil is encountered in the excavation, the Owner shall, at his cost, engage the services of an environmental services company to assess the extent, if any, of the contamination of soils. If contamination is found to be present, the contaminated soils shall be separately stockpiled on and covered by plastic sheeting at the site for disposal by the Contractor.

29. WAIVER OF RIGHT TO FILE MECHANIC’S LIENS

The successful Bidder shall execute a “Waiver of Right to File Mechanic’s Liens” and shall submit the executed waiver to the Engineer with the executed Agreement and the bonds and insurance certificates. The Notice-to-Proceed shall not be issued until at least ten (10) consecutive calendar days after this waiver is recorded.

The Waiver of Right to File Mechanic’s Liens shall apply to the Contractor and to all subcontractors and suppliers. It shall be the Contractor’s responsibility to inform all subcontractors and suppliers of this waiver, and the Contractor shall indemnify the Owner against all claims arising from his failure to advise any subcontractors and/or suppliers of the waiver or its applicability to the subcontractors and suppliers.

30. CONFLICT OF INTEREST

Bidder or Contractor, as the case may be, certifies that to the best of his knowledge, no Township official or employee has a vested interest, financial or otherwise, in this Agreement. Bidder or Contractor agrees to comply in all respects with the Public Official and Employee Ethics Act

(65 P.S. Section 1101 et. Seq.). Bidder or Contractor will inform the Township in writing immediately if any potential conflict of interest arises during the course of bidding or during the performance of any Agreement entered into with Township. Conflict of interest may constitute grounds for disqualification of Bidder or termination of any Agreement with Contractor following notification by Township to Bidder or Contractor where same is not corrected by Bidder or Contractor within the time period established by Township in such notice.

SIGN___________________________ SIGN________________________

Date:________________________ Date:________________________

William Martin Print Name__________________________ Tredyffrin Township Manager Company____________________________

Tredyffrin Township, Chester County B-9