(03/26) 259850_400_Cover Page.docx

PROJECT MANUAL

FOR

SHADOW WOOD DRIVE

STORM SEWER IMPROVEMENTS

APRIL 2026

PREPARED FOR:

EAST BRADFORD TOWNSHIP

676 COPELAND SCHOOL ROAD

WEST CHESTER, PA 19380

PREPARED BY:

CARROLL ENGINEERING CORPORATION

949 EASTON ROAD

WARRINGTON, PA 18976

“Copyright - 2026 Carroll Engineering Corporation - All Rights Reserved - These documents were prepared by, and are owned by, Carroll Engineering Corporation; and as such, represent instruments of professional service with respect to the project for which they were specifically designed and to the listed client and/or applicant. The documents and information are not intended or represented to be suitable for reuse by the listed client/applicant, or by others, on extensions or modification of the project or any other project. The reproduction of a copy of these plans, or reuse of these documents, and/or the copying of any portion of information shown on these plans is not permitted and in no circumstance will be approved without an assignment of copyright privileges.

Violation of this restriction shall be considered a violation of the Professional Code of Ethics and a theft of corporate assets, both of which shall be prosecuted to the fullest extent of current statutes. In the event of any unauthorized use, the person initiating the use shall accept all responsibility, both for copyright violation and professional liability, for any claims, damages, losses, and expenses arising from the unauthorized reproduction, misuse, or misappropriation of these documents or information shown on said documents.

i (03/26) 259850_400_TOC.docx

PROJECT MANUAL AND CONTRACT DOCUMENTS

FOR

SHADOW WOOD DRIVE STORM SEWER IMPROVEMENTS

EAST BRADFORD TOWNSHIP, CHESTER COUNTY, PA

TABLE OF CONTENTS

SECTION PAGES

Advertisement ADV-1

Bidding Requirements and Instructions

Instructions to Bidders IB-1 to IB-8 Bid Bond BB-1 to BB-3 Contractor’s Qualifications PAGES 1 to 9 Non-Collusion Affidavit NCA-1 to NCA-3 Public Works Employment Verification Act & Form EVAF-1 to EVAF-2 State Grant Affidavit SGA-1 to SGA-131 Notice of Intent to Award NOIA-1 to NOIA-2

Contract Forms

Notice to Proceed NTP-1 Agreement AG-1 to AG-5 Payment Bond PB-1 to PB-4 Performance Bond PFB-1 to PFB-2 Maintenance Bond MB-1 to MB-2 Contractor's Affidavit of Payment of Debts and Claims AOP-1 Consent of Surety Company to Final Payment CS-1 Contractor's Affidavit of Release of Liens AOR-1 Subcontractor’s Affidavit of Release of Liens SAOR-1 Contractor's Release of Liens RL-1 Certificate of Insurance (Sample) COI-1 Application and Certificate for Payment (Sample) AP-1 to AP-2 Weekly Payroll Certification for Public Works Projects (Sample) WPC-1 to WPC-2 Notice of Completion NOC-1

Conditions of Contract

General Conditions GC-1 to GC-21 Supplementary Conditions SC-1 Prevailing Wage Determination PAGES 1 to 8

General Requirements

General Requirements GR-1 to GR-9 ii (03/26) 259850_400_TOC.docx

TABLE OF CONTENTS

(continued)

TECHNICAL SPECIFICATIONS

Division 1 - General Requirements

01 1100 General Requirements 01 2300 Alternates 01 2900 Contract Considerations 01 3100 Project Management And Coordination 01 3119 Project Meetings 01 3233 Audio-Video Documentation 01 3300 Submittal Procedures 01 4100 Regulatory Requirements 01 4200 Reference Standards 01 5000 Temporary Facilities And Controls 01 7700 Closeout Procedures

Division 2 - Site Work

02 4100 Demolition

Division 31 - Earthwork

31 1000 Clearing And Grubbing 31 2000 Earthwork 31 2219 Final Grading And Seeding 31 2500 Erosion And Sedimentation Controls

Division 32 – Exterior Improvements

32 1200 Flexible Paving

Division 33 - Utilities

33 4000 Storm Drainage Utilities

(03/26) 259850_400_ADV.docx ADV-1

ADVERTISEMENT

Bids will be received online by East Bradford Township via PennBid until 11:00 AM local time on Tuesday, April 28, 2026, for the following:

SHADOW WOOD DRIVE - STORM SEWER IMPROVEMENTS

The bids shall be publicly opened and read aloud on the same day at 1:00 PM at the East Bradford Township Building, 676 Copeland School Road, West Chester, PA 19380. The East Bradford Township Board of Supervisors will award the bid at a public meeting, the time, date, and place of which will be announced at the bid opening.

NO Pre-Bid Meeting will be held for this project. Bidders are responsible for investigating the project site and the work to be done before preparing their bid.

The project consists of providing all labor, materials, and equipment necessary to complete the following:

Installing a new underground 24” diameter pipe stormwater management basin with associated storm structures in Shadow Wood Drive. This includes the removal of existing pavement & storm structures, the install of storm piping and structures, temporary E&S controls, and the install/repair of bituminous pavement & top-soil/seeding.

All bid documents and solicitation details are available at no cost electronically at PennBid https://pennbid.bonfirehub.com/portal/. Please note that the low bidder is responsible for a fee to PennBid.

Each bid must be accompanied by a certified check drawn to the order of East Bradford Township, or a Bid Bond in a form acceptable to the Township for the benefit of the Township in the amount of ten percent (10%) of the total bid price. Said check or bond shall be subject to the conditions in the Instructions to Bidders. The selected bidder shall be required to provide a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the contract amount, in a form acceptable to the Township. Bonds must be issued by a surety licensed to do business in the Commonwealth of Pennsylvania.

The work on this project constitutes Public Works by a Public Body under the Pennsylvania Prevailing Wage Act (43 P.S. Section 165-1 et seq.). Bidders are advised that workers on this project must be paid the prevailing minimum wage rates promulgated by the Pennsylvania Secretary of Labor.

The project is subject to the Pennsylvania Right-to-Know Law (65 P.S. Sections 67.101-3104), the Steel Products Procurement Act (73 P.S. Section 1881 et seq.), the Trade Practices Act of July 23, 1968, P.L. 686 (71 P.S. Section

773.101 et seq.), and the Public Works Employment Verification Act (71 P.S. Section 656.1 et seq.).

The project is being financed in whole or in part by a COVID-19 ARPA PA Small Water and Sewer Program grant administered by the Commonwealth of Pennsylvania and shall be subject to the terms of the grant contract.

East Bradford Township reserves the right to reject any and/or all bids on any basis whatsoever, to eliminate any item or items from the contract, to waive any informality in the bids, and to accept a bid which is in the Township’s judgment in the Township’s best interests, as permitted by law.

Mandie Cantlin, Township Manager https://pennbid.bonfirehub.com/portal/

BIDDING REQUIREMENTS

AND

INSTRUCTIONS

IB-1

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INSTRUCTIONS TO BIDDERS

1. RECEIPT AND OPENING OF BIDS

Bids will be opened at the time and place indicated in the Advertisement for Bids and read aloud publicly. Unofficial bid results will be made available via Public Notice after the opening of Bids via PennBid.

Complete sets of the Contract Documents stated in the Advertisement may be obtained at no cost from PennBid (https://pennbid.bonfirehub.com/portal. Complete sets of Contract Documents must be used in preparing Bids; neither the OWNER nor the engineer assumes any responsibility for errors or misinterpretations resulting from incomplete sets of Contract Documents.

The OWNER may consider non-responsive any bid not prepared and submitted in accordance with the provisions hereto and reserves the right to reject any and/or all bids on any basis whatsoever, to eliminate any item or items from the Contract, to waive any informality in the bids, and to accept a bid which is in the OWNER’s judgment in the OWNER’s best interests, as permitted by law.

Bids submitted must be accompanied by a certified check drawn to the order of East Bradford Township or a Bid Bond in a form acceptable to the OWNER (adequately signed and sealed by the Bidder and Surety Company) for the benefit of East Bradford Township in the amount of 10% of the total bid price. The selected bidder shall be required to provide a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the contract amount, in a form acceptable to the OWNER. Bonds are to be issued by a surety licensed to do business in the Commonwealth of Pennsylvania.

2. MODIFICATION AND WITHDRAWAL OF BIDS

A Bid may be modified or withdrawn via PennBid at any time up to the bid due date and time, or, prior to the exact hour and date set for the opening of bids, if the Bidder’s identity is made known and a receipt for the bid is signed by the OWNER. Except as otherwise provided by law, withdrawals and modifications of bids received after the exact hour and date specified for the opening of bids shall not be considered.

3. PREPARATION OF BIDS

Bidders will be assumed to have carefully examined the Contract Documents for the work, all attached hereto, carefully investigated physical conditions at the site and the character of the work to be done, and inquired fully into the difficulties of construction of the work before preparing their bid. The OWNER will not be responsible for the Bidder's failure to estimate such difficulties and costs properly or for overlooking any of the requirements of the Contract Documents. The Pricing Table is under the “Prepare Your Submission” tab within the Opportunity on PennBid.

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4. INTENT OF CONTRACT DOCUMENTS

The intent of the Contract Documents is to obtain a complete job satisfactory to the ENGINEER and the OWNER. It shall be understood that the Bidder has satisfied himself with the full requirements of the Contract Documents and has based his bid upon such understanding. The award of the Contract will require the successful Bidder to supply all labor, supplies, tools, machinery, and equipment as described in the Contract Documents and/or as needed for the services requested and work proposed in the Contract Documents. 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 Pricing Table(s).

5. ADDENDA AND INTERPRETATIONS

All questions about the meaning or intent of the Contract Documents are to be submitted via the “Messages / Public Q&A” feature in PennBid. Interpretations or clarifications considered necessary in response to such questions will be issued through PennBid. Additionally, all addenda will be posted in PennBid’s “Public Files.” Questions received less than five (5) days before the date for the opening of Bids may not be answered. Only questions answered by the addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. An addendum may be issued to clarify, correct, or change the Contract Documents as deemed advisable by OWNER or ENGINEER. Failure of any bidder to receive any such addenda or interpretations shall not relieve said bidder from any obligations under this bid as submitted.

All addenda so issued shall become part of the Contract Documents. Any inconsistency, conflict, or ambiguity within or among any of the Contract Documents shall be resolved in favor of provisions or interpretation thereof that is the most favorable to OWNER, as determined by OWNER, in its sole discretion.

6. DISCLOSURE OF CONTENTS

All proposals/bids and other material submitted become the property of the OWNER and may be returned only at the OWNER’s option. Information contained in the proposals/bids will not be disclosed during the evaluation process. Under Pennsylvania’s Right-to-Know Law (65 P.S.

Sections 67.101-3104) (the “RTKL”), public records are required to be open to reasonable inspection and reproduction. All proposal/bid information, including detailed price and cost information, will be held in confidence during the evaluation process. After the evaluation process, a Notice of Intent to Award is issued, and all proposals/bids will become public information, subject to inspection and reproduction in accordance with the RTKL, unless otherwise exempt under the RTKL. Copies of said public records may be made at the Township Building at a cost to the requesting party of $0.25 per page.

Notwithstanding any terms or conditions contained herein, the Bidder agrees to comply with all Local, State, and Federal laws and regulations. The bidder specifically agrees to produce all documents that may be subject to public disclosure pursuant to the RTKL.

Trade secrets and other proprietary data contained in a proposal may be held confidential if such data meets the definitions of confidential, proprietary information, and/or trade secrets under Section 102 of the RTKL. Material considered confidential by the offeror must be clearly identified, and the offeror must include a brief statement that sets out the reasons for the confidentiality and how this information meets the criteria of Section 102 of the RTKL.

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7. CONDITIONS OF WORK

Each bidder must fully understand 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 the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid.

At the time of the opening of bids, each bidder will be presumed to have inspected physical conditions at the site and to have read and be thoroughly familiar with the Contract Documents (including all addenda); the failure or omission of any bidder to receive or examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to his bid.

Where borings, test piles, or existing underground and overhead structure locations are shown, they are for the bidder’s information; their correctness is not guaranteed or warranted by the OWNER, and in no event is this information to be considered part of the Contract. If a bidder uses this information in preparing his bid, he must assume all risks resulting from conditions differing from the approximation shown. 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, subsurface and groundwater conditions. Bids for excavation are based on unclassified material.

Each Bidder shall assume all risks of conditions and circumstances (regardless of how material) that may affect the cost or manner of providing the services requested and work proposed by the Contract Documents, whether patent or latent, known, unknown, discoverable, undiscoverable, foreseeable, or unforeseeable.

8. TIME FOR COMPLETING WORK AND LIQUIDATED DAMAGES

The time for completion of the work under this Contract shall be NINETY (90) calendar days after formal Notice-to-Proceed from the OWNER. All bidders are notified that time is of the essence for this Contract. The successful bidder will be required to prosecute the work to ensure its completion within the above number of calendar days set forth. It is mutually agreed that damages to the OWNER for the failure of the successful bidder to fully complete the work under this Contract on or before the above-stated date shall be TWO HUNDRED DOLLARS ($200.00) for each calendar day 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 money which otherwise would be payable hereunder to the successful bidder.

In addition to the above, so that the work may be accomplished in the shortest possible time, the successful bidder, weather permitting, shall be required to have qualified workers with the designated supervisor at work on-site at all times. The Bidder’s personnel shall remain on-site throughout the duration of the successful bidder’s work. The Bidder shall not pull off the project without the OWNER’s express consent. In addition, no change in supervisor shall be permitted without approval from the OWNER. The successful bidder will be required to submit a detailed schedule for the completion of work, subject to the OWNER's review and approval.

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9. BID SECURITY

Each bid must be accompanied by a certified check drawn to the order of East Bradford Township or a Bid Bond in a form acceptable by the OWNER, duly executed and sealed by the bidder as principal and by a surety company approved by the OWNER in an amount not less than ten percent (10%) of the total bid amount. Bid Bonds will be covered with the surety of a company authorized to do business in the Commonwealth of Pennsylvania. Bid Bonds provided as surety will not be returned to the bidder after award unless the bidder specifically requests that the OWNER do so.

10. CONTRACT

The bidder to whom the Contract is awarded shall submit all required Bonds and Insurance required by the terms of the Contract Documents to the OWNER within ten (10) days after acceptance of their bid and a Notice of Intent to Award is issued. The time for such submittal may be extended at the OWNER's election and for the OWNER's sole benefit. Failure or refusal of the bidder to do so will be considered an abandonment of the Contract. The security posted with said 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.

It is expressly understood and agreed by the Bidders that the contractual obligations of the OWNER to the Bidders are effective only after the execution of a contract signed by all parties.

11. BONDS AND INSURANCE

The successful bidder must deliver to the OWNER executed certificates of insurance as stipulated in the Contract Documents and executed bonds as security for the faithful performance of his Contract, for the payment of all persons performing labor or furnishing materials in connection therewith, and for maintenance of the work for the designated period after the OWNER has accepted it.

The Performance and Payment Bonds shall each be one hundred percent (100%) of the Contract Price, and the Maintenance Bond shall be fifteen percent (15%) of the Contract Price and shall cover an 18-month maintenance period.

All bonds shall be prepared in the form of bonds attached hereto and have as security thereon such surety company or companies as acceptable to the OWNER and authorized to transact business in the Commonwealth of Pennsylvania. Alterations made in terms of the Specifications and/or quantities of work shall in no way violate the bonds.

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12. BASIS OF AWARD

The Contract will be awarded based on competitive bidding to the responsible bidder submitting the lowest responsive bid. In the event of any claim by an unsuccessful bidder on this project concerning or relating to the issue of “equal or better” or “or equal”, the successful Bidder agrees, at its own cost and expense, to defend such claim or claims and agrees to hold OWNER free and harmless from any and all losses and damages arising out of or related to the claim or claims or the transaction.

13. REJECTION OF BIDS

The OWNER reserves the right to reject any or all bids or to accept any bid should it be deemed in its best interest to do so. Bids that are incomplete, conditional, or obscure, or contain additions not called for, erasures, alterations, or irregularities of any kind may be rejected as non-responsive. The right to reject or accept bids shall be solely for the OWNER’s benefit and shall create no right, entitlement, or expectation in any bidder.

14. PROGRESS PAYMENTS

Refer to General Conditions for details on progress payments and retainage.

15. TRADE NAMES

Wherever trade names are used either on the Drawings or in the Specifications, 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 OWNER’s discretion. The Bidder shall submit manufacturers' specifications, etc., sufficient for the ENGINEER to determine equivalency of material and/or equipment as directed in the Instructions to Bidders, Article 23.

16. POWER OF ATTORNEY

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

17. PERMITS, APPROVALS, AND LICENSES

Each Bidder shall be required to determine the necessity for and obtain all necessary permits, licenses, and approvals from the municipality or other public authorities and shall give all notices required by law or municipal ordinances for this work. The OWNER will assume the charges or fees for any permits issued by the OWNER, but any other fees shall be borne by the Bidder.

18. PROGRESS SCHEDULE

Within seven (7) consecutive calendar days after the award of the Contract to Bidder, the Bidder shall submit a proposed program of operation, showing clearly how he proposes to conduct the work to bring about the completion of his 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 to permit the installation of the work under other contracts.

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The work under the Contract shall be so scheduled that as structures are completed, they can be placed in use or in operation without delay. The program shall be subject to the OWNER’s approval and shall be updated by the Bidder at any time during the performance of the Contract, should the OWNER determine that the Bidder's actual progress does not correspond to that projected in the then-existing progress schedule.

19. OTHER CONTRACTS

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 construction activities at the site must be coordinated to avoid interference. UNDER NO CIRCUMSTANCES SHALL THE OWNER OR ENGINEER

BE HELD RESPONSIBLE TO THE BIDDER FOR DELAYS OR EXTRA WORK

OCCASIONED BY INTERFERENCE OF OTHER BIDDERS.

20. ESTIMATED QUANTITIES

The quantities given in the Pricing Table(s), if any, 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.

21. SAFETY

It shall be the single and sole responsibility of the Bidder to ensure that its activities comply with applicable safety requirements. Neither the ENGINEER nor the OWNER shall owe any duty under the Contract or otherwise to the Bidder or its agents, employees, or guests to inspect the work or otherwise ensure compliance by the Bidder with applicable safety requirements. No increases in the contract price or extensions in contract completion time shall be given by the OWNER as the consequence of the Bidder's failure to comply.

22. PRODUCT SPECIFICATIONS

The Contract, if awarded, will be based on materials and equipment specified or described in the Contract Documents without consideration of possible substitutes or “or-equal” items.

Whenever it is specified or described in the Contract Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by the Bidder if acceptable to the OWNER, application for such acceptance will not be considered until after the Contract is awarded. The OWNER reserves the right to reject any unspecified product or products submitted that require changes in design, construction, or other changes that may increase the contract price for the performance of the work. The substitute or “or-equal” product submitted by the Bidder shall meet the Specifications requirements and shall, in all respects, be equal to the products specified by name herein. The OWNER shall be the sole judge as to the equality of the proposed alternate product.

23. SUPPLEMENTARY CONDITIONS

The bidder's attention is directed to the Supplementary Conditions of these Specifications.

Supplementary Conditions amend and supplement portions of the General Conditions as required for this project.

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24. EMPLOYMENT VERIFICATION ACT

The PA Public Works Employment Verification Act (71 P.S. Sections 656.1 et seq.) will apply to this Contract.

This Act requires public works bidders and subcontractors to verify employment eligibility through the E-Verify Program of the U.S. Department of Homeland Security as a precondition to the award of a public works contract, and at certain times during the duration of such contract and provides for the powers and duties of the Department of General Services. The Commonwealth Public Works Employment Verification Form must be submitted to the OWNER with each bid.

25. PAST PERFORMANCE

Any bidder who has demonstrated poor performance during either a current or previous agreement with the OWNER may be considered an unqualified source, and their bid may be rejected. The OWNER reserves the right to exercise this option as deemed proper and/or necessary.

26. ACCESS TO ACCOUNTING RECORDS

The Bidder shall check all materials, equipment, and labor entering the Work and keep such full and detailed accounts as necessary for proper financial management under this Agreement. The system shall be satisfactory to the OWNER. The OWNER or its representative shall be afforded access to all the Bidder’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this contract, and the Bidder shall preserve all such records for three years, or for such longer period as may be required by law, after the final payment.

27. ASSIGNMENT OF REFUND RIGHTS

OWNER is exempt from Pennsylvania state sales and use taxes on certain materials and equipment to be incorporated in the work. The successful bidder will be provided with a copy of the owner’s tax-exempt certificate. Said taxes shall not be included in the Bid. The Bidder agrees to assign and transfer all its rights to sales and use tax to the OWNER, which may be refunded due to a refund claim, or materials purchased in connection with the Contract. The Bidder further agrees that it will not file a claim for a refund for any sales or use tax that is the subject of the Contract.

28. CONTRACTS WITH SUBCONTRACTORS

The Bidder agrees to include the “Access to Accounting Records” and “Assignments of Refund Rights” paragraphs, in full, in any contracts with subcontractors.

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29. REQUIRED ATTACHMENTS TO BID

The following documents must be uploaded as attachments to the bid submitted via PennBid:

Bid Bond (BB). If the bid bond is provided, a financial statement of the surety company, a certified copy of the Power of Attorney of the person who signed the bond, and an officer signed certificate of the surety company that they will provide the required bonds if the bidder is awarded the Contract.

Non-Collusion Affidavit (NCA)

State Grant Affidavit (SGA)

Public Works Employment Verification Form (EVAF)

Bidders Qualification Statement

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BID BOND

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

East Bradford Township 676 Copeland School Road West Chester, PA 19380

BID

Bid Due Date:

Description:

Contract: Shadow Wood Drive Storm Sewer Improvements [Address of Project]

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: The above addresses will be used to give any required notice. Provide execution by any additional parties, such as joint ventures, if necessary.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s Bid and the total amount of the Bid of the next lowest, responsible Bidder who submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the sum set forth on the face of this Bond, and

1.2 In no event shall Bidder’s and Surety’s obligation hereunder exceed the sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall be paid to Owner as liquidated damages and shall be Owner’s sole and exclusive remedy upon a default of Bidder. Bidder and Surety acknowledge and agree that the sum set forth on the face of this Bond is a reasonable estimate of the damages incurred by Owner upon a default of Bidder and is not a penalty.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award, including extensions, shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in Chester County, Pennsylvania for state court or the United States District Court - Eastern District of Pennsylvania for federal court.

7. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage prepaid, and shall be deemed to be effective upon receipt by the party concerned.

8. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

9. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern, and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

10. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

END OF DOCUMENT

00 4513-1 (11/25) 259850_400_Contractor's Qualifications.docx

DOCUMENT 00 4513

THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA

CONSTRUCTION CONTRACTOR’S

QUALIFICATION STATEMENT

FOR ENGINEERED CONSTRUCTION

This qualification statement was developed by AGC of America in cooperation with the Engineers Joint Contract Documents Committee (EJCDC) which recommends its use as a suggested generic prequalification statement or a contract-specific qualification statement. In the latter case, the owner or engineer may wish to make appropriate supplemental inquires.

The Engineers Joint Contract Documents Committee consists of representatives of the following organizations:

National Society of Professional Engineers American Consulting Engineers Council

American Society of Civil Engineers Construction Specifications Institute

The contents of this statement are CONFIDENTIAL.

Submitted by:

Name of Organization _______________________________________________________

Name of Individual ________________________________________________________

Title _______________________________________________________

Address _______________________________________________________

Telephone

00 4513-2

Submitted to:

Name East Bradford Township

Address 676 Copeland School Road

West Chester, PA 19380

Telephone (610) 436-5108

Project Name and Description (if applicable)

1. Contractor’s General Business Information

Check If:

Corporation Partnership Joint Venture Sole Proprietorship

If Corporation:

a. Date and State of Incorporation

00 4513-3

b. List of Executive Officers

Name Title

If partnership:

a. Date and State of Organization

b. Names of Current General Partners

c. Type of Partnership

General Limited Publicly Traded Other (describe): _________________________________

If Joint Venture:

a. Date and State of Organization

00 4513-4

b. Name, Address and Form of Organization of Joint Venture Partners: (Indicate managing partner by an asterisk *)

If Sole Proprietorship:

a. Date and State of Organization

b. Name and Address of Owner or Owners

2. On Schedule A, attached, list major engineered construction projects completed by this organization in the past five (5) years. (If joint venture list each participant’s projects separately).

On Schedule B, attached, list current project under construction by this organization. (If joint venture, list each participant’s projects separately).

3. Name or Surety Company and name, address, and phone number of agent.

00 4513-5

4. Is your organization a member of a controlled group of corporations as defined in I.R.C. Sec. 1563?

Yes No If yes, show names and addresses of affiliated companies.

5. Furnish on Schedule C, attached, details of the construction experience of the principal individuals of your organization directly involved in construction operations.

6. Has your organization ever failed to complete any construction contract awarded to it?

Yes No

If yes, describe circumstances on attachment.

7. Has any Corporate officer, partner, joint venture participant or proprietor ever failed to complete a construction contract awarded to him or her in their own name or when acting as a principal of another organization?

Yes No If yes, describe circumstances on attachment.

8. In the last five years, has your organization ever failed to substantially complete a project in a timely manner?

Yes No If yes, describe circumstances on attachment.

9. Indicate general types of work performed with your own work force.

10. What is your approximate total bonding capacity?

$500,000 to $2,000,000 $2,000,000 to $5,000,000 $5,000,000 to $10,000,000 $10,000,000 or more

00 4513-6

11. Furnish the following information with respect to an accredited banking institution familiar with your organization.

Name of Bank _____________________________________________________

Address _____________________________________________________

Account Manager _____________________________________________________

Telephone _____________________________________________________

I hereby certify that the information submitted herewith, including any attachment is true to the best of my knowledge and belief.

(Name of person authorized to sign)

By: _________________________________________ (Signature)

Title: _________________________________________

Dated: _________________________________________

Subscribed and sworn to before me this _____ day of ___________________, 20___.

Notary Public: ______________________________________________

My Commission Expires: ______________________________________________

00 4513-7

SCHEDULE A

Name, Location and

Description of Project

Owner

Design

Engineer

Date

Completed

Contract

Price

Reference/Contact Include

Address and Phone

00 4513-8

SCHEDULE B

Name, Location and

Description of Project

Owner

Design

Engineer

Contract

Price

Amount

Completed

Date of Scheduled Completion

Reference/Contact Include

Address & Phone

00 4513-9

SCHEDULE C

Name

Position

Date stated with this Organization

Date Started in Construction

Prior Positions and Experience in Construction

(03/26) 259850_400_Non-CollAffidavit.docx NCA-1

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Anti-Bid-Rigging Act, 62 PA C.S.A. Section 4501 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

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

3. Bid rigging and other efforts to restrain competition and making 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 themself 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.

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

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

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

(03/26) 259850_400_Non-CollAffidavit.docx NCA-2

NON-COLLUSION AFFIDAVIT

SHADOW WOOD DRIVE SANITARY SEWER IMPROVEMENTS

EAST BRADFORD TOWNSHIP, CHESTER COUNTY, PA

State of :

:s.s.

County of :

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

I state:

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

2. Neither the price(s) nor the amount of this bid, nor the approximate price(s) nor the approximate amount of this bid has 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, submit a bid higher than this bid, or submit any intentionally high or non-competitive bid or another form of complementary bid.

4. My firm's bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid.

5. ________________________________, its affiliates, subsidiaries, officers, directors, and employees are not

(Name of My Firm) currently under investigation by any governmental agency and have not in the last three (3) 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 on any public contract, except as follows:

6. _________________________________ is not currently under suspension or debarment, or under review for

(Name of My Firm) suspension or debarment, by the Commonwealth of Pennsylvania, or any Federal, State, or local governmental entity or agency.

(03/26) 259850_400_Non-CollAffidavit.docx NCA-3

I state ________________________________ (Name of My Firm) understands and acknowledges the above representations are material and important and will be relied on by East Bradford 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 East Bradford

Township of the true facts relating to the submission of bids for this contract.

(Name and Company Position)

Sworn to and subscribed before me this ___ day of _____________, 20__.

My Commission Expires:

Notary Public:

(11/25) 259850_400_EmplyEval.docx EVAF-1

PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

In accordance with the Public Works Employment Verification Act (71 P.S. Sections 656.1 et. seq.) (the “Act”), contractors and subcontractors (if any) shall verify employment eligibility. An employee is hired by A CONTRACTOR OR A SUBCONTRACTOR FOR WHOM THE CONTRACTOR or subcontractor is legally required to file a Form W-2 with the Internal Revenue Service. The Act does not apply to project material suppliers.

CONTRACTOR and subcontractors shall participate in EVP and shall, subject to the requirements of Federal law governing the use of EVP, use EVP to verify employment eligibility of each new employee (EVP is the E-Verify Program operated by the Department of Homeland Security that electronically verifies employment eligibility for employees). The Department of General Services of the Commonwealth shall post information regarding federal law requirements governing the use of EVP on its publicly accessible website. In conducting the verification required, CONTRACTORS and subcontractors shall not discriminate against an employee based on race, ethnicity, color, or national origin.

As a precondition of being awarded a contract for Public Works, as defined in the Pennsylvania Prevailing Wage Act, 43 P.S. 165.1 et. seq., or concerning such a contract that was awarded before the effective date identified in Section 20 of the Act but has not yet been executed, before the execution of the agreement, CONTRACTOR shall provide OWNER with a verification form described in Subsection 656.3(c) of the Act, acknowledging its responsibilities under and its compliance with Section 656.2 of the Act. Contracts between CONTRACTORS and subcontractors shall contain information about the requirements of the Act.

Before commencing a public works project, subcontractor(s) shall provide the OWNER with a verification form described in Subsection 656.3(c) of the Act acknowledging the subcontractor’s responsibilities and compliance with Section 656.2 of the Act. Contracts between a subcontractor and its subcontractors shall contain information about the requirements of the Act.

The verification required by the Act shall be in a form prescribed by the Secretary of General Services of the Commonwealth, shall be posted on the Department of General Services’ publicly accessible website, and shall comply with the following additional requirements:

(1) The statement shall include a certification that the information in the statement is true and correct and that the individual signing the statement understands that the submission of false or misleading information in connection with the verification shall subject the individual and the CONTRACTOR or subcontractor, as the case may be, to sanctions provided by law.

(2) The statement shall be signed by a representative of the CONTRACTOR or subcontractor, as applicable, who has sufficient knowledge and authority to make the representations and certifications contained in the statement.

(03/26) 259850_400_StateGrantAffid.docx SGA-1

STATE GRANT AFFIDAVIT

COMMONWEALTH OF PENNSYLVANIA:

COUNTY OF_______________________:

I,____________________________, of ____________________________________, in the County of (Name) (Name of Bidder) _____________ and the Commonwealth of Pennsylvania, of full age, being duly sworn according to law on my oath depose and say, for the benefit of the East Bradford Township (“Owner”) and the Commonwealth of Pennsylvania, acting through the Department of Transportation (the “Department”), each of which are relying on this Affidavit, that:

1. I am of the firm of _______________________________________(herein, the “Bidder”), making the Bid for the Shadow Wood Drive Storm Sewer Improvements (the “Project”), and that I executed said Bid and this Affidavit with full authority so to do on behalf of Bidder;

2. The Bidder has received, reviewed, and fully understands the requirements, terms, and conditions of that certain form of Retroactive Bridge Project Reimbursement Grant Agreement to be entered into by Owner and the Department related to the Work, a copy of which is attached hereto and made a part hereof as Exhibit A (the “Grant Contract”). The terms and conditions of the Grant Contract are incorporated into, and made a substantive part of this Affidavit;

3. The Bidder agrees to comply with, and agrees to be legally bound by, the terms of Section 11 (Records) of the Grant Contract with respect to the maintenance of all books and records pertaining to costs incurred in the Project, and to make such materials available for inspection or audit by the Department or its authorized representatives during the Contract period and for three (3) years beyond termination of the Grant Contract.

4. The Bidder, on behalf of itself and each of its contractors, subcontractors and suppliers performing any of the Work (collectively, the “Bidder Parties”), that all of the certifications, representations and warranties set forth in Section 14 (Labor Standards, Equal Employment Opportunity, Non- Discrimination/Sexual Harassment), Section 16 (Contractor Integrity), Section 19 (Americans with Disabilities Act), and Section 20 (Contractor Responsibility) of the Grant Contract are true and correct for each of the Bidder Parties in all respects, shall remain true and correct for each of the Bidder Parties in all respects throughout the term of the Contract, and shall survive the expiration or termination of the Contract.

5. The Bidder agrees to comply with, and be legally bound by, all of the covenants, terms, and conditions of the Grant Contract, including, without limitation, Exhibit B (Non- Discrimination/Sexual Harassment), Exhibit C (Contractor Integrity), Exhibit D (Americans with Disabilities Act), and Exhibit E (Contractor Responsibility) attached thereto. The Bidder shall ensure that all of the Bidder Parties also comply with all of such covenants, terms, and conditions throughout the term of the Contract.

(03/26) 259850_400_StateGrantAffid.docx SGA-2

6. The Bidder understands and agrees that the Contract is subject to the Steel Products Procurement Act, 73 P.S. Section 1881 et seq., as amended (collectively, the “Steel Products Procurement Act”).

If any steel products are to be used or supplied in the performance of the Contract, only steel products as defined in the Steel Products Procurement Act shall be used or supplied in the performance of the Contract or any subcontracts thereunder.

7. The Bidder understands and agrees that the Contract is subject to the PA Prevailing Wage Act, 43 P.S. Section 165-1 et seq.; 34 Pa. Code Section 9.101 et seq., as amended, and to comply with such Act, and ensure that all of the Bidder Parties comply with such Act, throughout the term of the Contract.

8. The Bidder understands that the Grant Contract and the Contract are subject to the Pennsylvania Right-to-Know Law, 65 P.S. Sections 67.101-3104 (“RTKL”), and to comply, and ensure that all of the Bidder Parties also comply, with the terms of Exhibit F to the Grant Contract with respect to RTKL. The Bidder specifically agrees to comply with any notice from Owner or the Department in connection with an RTKL request within ten (10) calendar days after receipt thereof for information or documents within the scope of such RTKL request that are in the Bidder’s possession.

9. The Bidder acknowledges and agrees that the terms and conditions of this Affidavit supplement and amend, and are not in limitation of, the terms of the Contract. In the event of a conflict between the terms of this Affidavit and the Contract, the terms of this Affidavit shall control.

IN WITNESS WHEREOF, the undersigned authorized officer of the Bidder has executed this Affidavit as of the date first written above, intending to be legally bound.

By:

Name:

Title:

(Print or Type Name and Title)

Subscribed and sworn to before me this ____ day of ______________, 20___.

Notary Public of

My commission expires __________________, 20___.

(03/26) 259850_400_StateGrantAffid.docx SGA-3

EXHIBIT A TO STATE GRANT AFFIDAVIT

[Attach full copy of State Grant Contract, including all Exhibits in full]

(03/26) 259850_400_NOIA.docx NOIA-1

NOTICE OF INTENT TO AWARD

Dated:

TO:…