TOWNSHIP OF LOWER MERION

SPECIFICATIONS

FOR

GENERAL WAYNE PARK

PLAYGROUND IMPROVEMENTS

CONTRACT NUMBER:

26-09-4492

ISSUED BY:

DEPARTMENT OF FINANCE

ERNIE B. MCNEELY

TOWNSHIP MANAGER

ADAM M. SZUMSKI

CHIEF FINANCIAL OFFICER

CHECKLIST

AVOID COMMON ERRORS

HAVE YOU COMPLETED THE FOLLOWING?

EXHIBIT A

1. COMPLETED VARIANCE FORM, IF APPLICABLE?

2. COMPLETED BID SHEET

A. INCLUDING UNIT PRICES, IF APPLICABLE?

B. INCLUDED PROPER DESCRIPTION OF ITEMS TO BE FURNISHED, IF APPLICABLE?

3. COMPLETED PARAGRAPH 7 FOR “A SOLE OWNER OR PARTNERSHIP”, IF APPLICABLE?

4. COMPLETED PARAGRAPH 8 FOR “A CORPORATION, IF APPLICABLE?

A. AFFIXED A CORPORATE SEAL?

B. OBTAINED SIGNATURE OF PRESIDENT OR VICE PRESIDENT?

C. OBTAINED SIGNATURE OF SECRETARY OR TREASURER?

D. INCLUDED CORPORATE RESOLUTION, IF APPLICABLE?

5. ATTACH MINORITY/WOMEN BUSINESS ENTERPRISES (MBE/WBE) STATE CERTIFICATE,

IF APPLICABLE?

EXHIBIT B

6. HAVE YOU READ EXHIBIT “B” AND UNDERSTAND THE GENERAL CONDITIONS,

INCLUDING SURETY BONDS REQUIREMENTS AND REVIEW ENCLOSED SAMPLE

FORMS?

EXHIBIT C

7. ENCLOSED NON-COLLUSION AFFIDAVIT OF PRIME BIDDER?

8. ENCLOSED EMPLOYMENT VERIFICATION FORM?

EXHIBIT D AND PLANS

9. HAVE YOU REVIEWED PLANS AND READ EXHIBIT “D”, AND UNDERSTAND THE SCOPE

OF WORK?

CHECKLIST

EXHIBIT E

10. HAVE YOU READ EXHIBIT “E” AND UNDERSTAND THE SPECIAL CONDITIONS AND

WAGE REQUIREMENTS?

EXHIBIT F

11. FOR CONSTRUCTION AND SERVICES CONTRACTS: ENCLOSED STATEMENT OF

BIDDER’S QUALIFICATIONS?

EXHIBIT G

12. ENCLOSED INSURANCE CHECKLIST SIGNED BY CONTRACTOR’S AUTHORIZED

REPRESENTATIVE AND INSURANCE AGENT OR CURRENT CERTIFICATE OF

INSURANCE (COI) AS PROOF OF COVERAGE?

A. NOTE, AMENDING COI TO INCLUDE THIS PROJECT IS NOT REQUIRED UNTIL

CONTRACT EXECUTION FOR AWARDED CONTRACTOR(S)

I N D E X

• Advertisement for Bids

• Proposal - Exhibit “A”

• General Conditions - Exhibit “B”

• Instructions to Bidders - Exhibit “C” o Non-Collusion Affidavit of Prime Bidder

• Detailed Specifications - Exhibit “D”

• Special Conditions - Exhibit “E” o Prevailing Minimum Wage Determination

• Statement of Bidders Qualification – Exhibit “F”

• Insurance Checklist – Exhibit “G”

• Contract Form

• Bond Forms o Labor and Materials o Maintenance o Performance

• Construction Phase Forms o Contractor’s Release o Consent of Surety

• Plans

• Addendum issued during bidding if needed

Page

Intentionally

Left Blank

TOWNSHIP OF LOWER MERION Page 1 of 2

ADVERTISEMENT FOR BIDS

1. Notice is provided by the Township Secretary that sealed proposals will be received by the

Township of Lower Merion for the following:

General Wayne Park Playground Improvements

Contract Number: 26-09-4492

Single Prime Contract: General Construction

2. Sealed proposals shall be submitted online via the Pennbid Program

(https://pennbid.bonfirehub.com).

3. Proposals will be received until 11 am, prevailing time, Thursday, April 23, 2026, at which time they will be publicly opened and read aloud.

4. Each Proposal shall be accompanied by a Bid Guaranty as specified in the Instructions to

Bidders section of the Bid Document.

5. A Performance Bond and Labor and Materials Bond in the amount of 100% are required.

Also, a Maintenance Bond in the amount of 25% is required.

6. Bidders may obtain electronic copies of drawings and specifications of this project, at no cost, on the PennBid website noted above.

7. A non-mandatory Pre-Bid Conference will be held by the Park Comfort Station at 305

Maplewood Avenue, Merion Station PA 19066 on Tuesday, March 24, 2026 at 9 am, for all interested Bidders. Map: https://maps.app.goo.gl/A1df15z3N2SZcXva7

8. Scope of Work

The Township of Lower Merion is accepting bids for the site improvements, consisting of, but not limited to: selective demolition; erosion and sediment control measures; temporary tree and site protection; construction of paths, sidewalks, and edgings; preparation of playground area; stormwater system improvements; and site restoration. Award is planned for May 20, 2026. The Construction Notice to Proceed is planned for July 2026 (pending contract execution) with start of onsite construction activities for early September 2026 after the park summer programs have concluded. A separate contract will be awarded for the playground equipment.

9. Detailed specifications developed by Pennoni Associates, Inc. Questions regarding the project scope shall be submitted via the “Messages” feature in PennBid. The last day for receipt of written questions is end of business day of Friday, April 10, 2026.

10. ATTENTION IS CALLED TO THE FACT THAT NOT LESS THAN THE MINIMUM

SALARIES AND WAGES AS SET FORTH IN THE CONTRACT DOCUMENTS

MUST BE PAID ON THIS PROJECT, AND THAT THE CONTRACTOR MUST

ENSURE THAT EMPLOYEES AND APPLICANTS FOR THE EMPLOYMENT ARE

NOT DISCRIMINATED AGAINST BECAUSE OF THEIR, RACE, COLOR,

RELIGIOUS CREED, ANCESTRY, AGE, SEX, NATIONAL ORIGIN, PHYSICAL OR

MENTAL DISABILITY, OR BECAUSE OF A PERSON'S SEXUAL ORIENTATION,

GENDER IDENTITY OR GENDER EXPRESSION.

https://maps.app.goo.gl/A1df15z3N2SZcXva7

TOWNSHIP OF LOWER MERION Page 2 of 2

ADVERTISEMENT FOR BIDS

(Continued)

11. The Board of Commissioners reserves the right to reject any or all bids or parts thereof or to waive any informality or irregularity as deemed to the best interest of the Township.

Adam M. Szumski

Chief Financial Officer

TOWNSHIP OF LOWER MERION Exhibit “A”

PROPOSAL

PROPOSAL SUBMITTED ON BEHALF OF:

FOR: GENERAL WAYNE PARK PLAYGROUND IMPROVEMENTS

GENERAL CONSTRUCTION: CONTRACT NUMBER: 26-09-4492

1. BIDS ARE TO BE SUBMITTED ON THIS FORM AND ANY EXCEPTIONS TO

CONTRACT DOCUMENTS, GENERAL CONDITIONS (EXHIBIT “B”),

INSTRUCTIONS TO BIDDERS (EXHIBIT “C”), DETAILED SPECIFICATIONS

(EXHIBIT “D”) AND SPECIAL CONDITIONS (EXHIBIT “E”) MUST BE WRITTEN

ON THE VARIANCE FORM PROVIDED FOR THIS PURPOSE.

2. In submitting this proposal, bidder acknowledges that it has carefully examined the Bid and Contract Document together with the Addenda, if any (as indicated below) as prepared by the Department of Finance, Purchasing Division, and is familiar with the various conditions affecting the work hereinafter described, the manner and the time state for performance.

Addendum No. Issuing Date

3. Bid Summary:

Total Lump Sum Price Bid for Base Contract $____________

Total Price Bid for Contingencies + $____________

Total Price Bid for the Contract $____________

Alternate #1 $____________

Alternate #2 $____________

Alternate #3 $____________

Alternate #4 $____________

Alternate #5 $____________

4. Persons to Contact on matters concerning this Bid and Contract:

NAME OFFICIAL CAPACITY & TITLE TEL. NUMBER

5. Variance Form

Any variations that would materially or substantially change or alter the GENERAL

CONDITIONS, INSTRUCTIONS TO BIDDERS, DETAILED SPECIFICATIONS or

SPECIAL CONDITIONS must be submitted at the Pre-Bid Conference or if there is no scheduled Pre-Bid meeting, written notice or e-mail must be submitted to the Purchasing

Agent no later than seven (7) says prior to the Bid Opening date. An Addendum will be issued prior to Bid Opening for any changes or alterations found acceptable to the

Township. This Variance form is to be used only for variances which are not materially or substantially less than the specifications required. Any variation not covered by Addendum is at the risk of the Bidder and may be cause for rejection of the Bid.

GENERAL CONDITIONS NO. (s) DETAILED DESCRIPTION

INSTRUCTIONS TO BIDDERS NO. (s) DETAILED DESCRIPTION

DETAILED SPECIFICATIONS NO. (s) DETAILED DESCRIPTION

SPECIAL CONDITIONS NO. (s) DETAILED DESCRIPTION

(Attach to this sheet if necessary

6. BID SHEET

ITEM

NO.

DESCRIPTION

Base Contract

TOTAL

1-1

Mobilization and General Conditions: Permit, Contractor’s

License, Bonding, Insurance, Coordination with Playground

Vendor, etc.

1-2 Submittals & Preconstruction Video $

1-3 E&S: Demolition Keynote #1 to #3, #5 to #7, and #9 $

1-4 Temporary Fence: Demolition Keynote #4 and #8 $

1-5 Demolition Keynote #10 & Turtle for Keynote #12 $

1-6 Curb Reset: Demolition Keynote #13 and Construction Keynote

#61

1-7 Bituminous Pavement: Demolition Keynote #14 $

1-8 Bituminous Pavement: Construction Keynote #63 $

1-9 Concrete Pavers: Demolition Keynote #15 and Construction

Keynote #65

1-10 Heavy Duty Concrete Pavement: Construction Keynote #62 $

1-11 Concrete Sidewalk: Construction Keynote #64 $

1-12 Playground Area: Demolition Keynote #16 to #18 $

1-13 Playground Area: Construction Keynote #71 $

1-14 Bench: Demolition Keynote #19 & #20 $

1-15 Bench Salvage & Reinstall: Demolition Keynote #12 and

Construction Keynote #74

1-16 Bench Pad: Construction Keynote #75 $

1-17 Stumps: Demolition Keynote #21 $

1-18 Mulch Rings: Construction Keynote #82 $

1-19 Stormwater ID 3249: Demolition Keynote #33 and Construction

Keynote #51

1-20 Stormwater System Improvement: Demolition Keynote #31 & #32, and Construction Keynote #51, #54 & #55

1-21 Playground Drainage: Construction Keynote #52 & #53 $

1-22 Signage: Demolition Keynote #12 and Construction Keynote #81 $

1-23 Bank Stabilization: Demolition Keynote #34 and Construction

Keynote #83

1-24 Soil Analysis and Amendment $

1-25 Spread Topsoil, Finish Grade, and Lawn Seed $

1-26 Site Restoration $

1-27 Close out Documents and Record Drawings $

Total Lump Sum Price Bid for Base Contract $

DESCRIPTION

Contingency Items

TOTAL

2-1 Additional curb reset

$_____________ UP x 20 feet =

2-2 Additional heavy duty concrete pavement

$_____________ UP x 10 SY =

2-3 Additional concrete sidewalk

$_____________ UP x 10 SY =

2-4 Additional 6’ Mulch Ring

$_____________ UP x 1 Location =

Total Price Bid for Contingencies $

Total Price Bid for the Contract $

DESCRIPTION

Alternates

TOTAL

3-1 Add Alternate #1 – Revere Road Inlet F042321 Modification:

Demolition Keynote #41 and Construction Keynote #91

3-2 Add Alternate #2 – Maplewood Ave Inlet F042319 Modification:

Demolition Keynote #41 and Construction Keynote #91

3-3

Add Alternate #3 – Mercer Road Inlets F042317 and F042318

Modifications: Demolition Keynote #41 and Construction

Keynote #91

3-4 Add Alternate #4 – Clean Stormwater System: Construction

Keynote #92

3-5 Add Alternate #5 – Upgrade Concrete Sidewalk to Heavy Duty

Concrete Pavement

(price difference)

Note: The Contract will be awarded to the lowest responsible bidder. The low bid will be determined based on the

“Total Price Bid for the Contract”, which consists of the “Total Lump Sum Price Bid for Base Contract” plus the

“Total Price Bid for Contingencies” plus Alternates, if selected. All work is included and must be bid.

7. If the Bidder is: A SOLE OWNER OR PARTNERSHIP (Please indicate which) execute this part of the Proposal: SS #: ______________________________

OR

TIN#: ______________________________

DATE: ________________ ______________________________

(Signature of Owner or Partner)

(Business Name of Bidder) (Print Name and Title)

(Address) (City) (State) (Zip) (Telephone Number)

8. If the Bidder is a: CO., INC., LLC, OR L.T.D. EIN#: ____________________________ execute this part of the Proposal. If not executed by the Corporation (i.e. required signatures as seen below and Corporate Seal affixed), a certified Corporate Resolution authorizing the form of execution used must be attached to and made part of this Bid.

DATE: ________________ ____________________________________

(Corporate or Business Name of Bidder)

(Address) (City) (State) (Zip) (Telephone Number)

(Signature of Pres. or Vice-Pres.) (Signature of Secretary, Asst. Secretary, Treasurer or Asst. Treasurer)

(Print Name and Title) (Print Name and Title)

CORPORATE SEAL

EXHIBIT “B”

GENERAL CONDITIONS

FOR

CONSTRUCTION, SERVICES

AND GOODS CONTRACTS

Revised: 02/05/2026

GENERAL CONDITIONS INDEX

1. FAMILIARITY WITH PROPOSED WORK

2. AUTHORITY

3. DEFINITIONS

4. SURETY BONDS

5. INSURANCE REQUIREMENTS

6. COMPETENCY OF BIDDER

7. MANDATORY REQUIREMENTS

8. NONAPPROPRIATION

9. PROOF OF BIDDER’S RESPONSIBILITY

10. UNIT PRICES

11. AWARD

12. POINT OF DESTINATION - GOODS CONTRACTS

13. ACCEPTANCE AND INSPECTION OF GOODS

14. BRAND NAMES (OR EQUAL)

15. RIGHT TO KNOW

16. QUALITY

17. WARRANTIES

18. DESCRIPTIVE LITERATURE - GOODS CONTRACTS

19. OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER

DOCUMENTS

20. SEPARATE CONTRACTS - CONSTRUCTION CONTRACTS

21. INDEPENDENT CONTRACTOR

22. AMERICANS WITH DISABILITIES ACT & ANTI-DISCRIMINATION LANGUAGE .. 14

23. SAFETY AND HEALTH REGULATIONS

24. DISPUTES

25. TERMINATION FOR DEFAULT

26. CHANGES IN WORK

27. REPORTS, RECORDS AND DATA

28. PROTECTION OF WORK AND PROPERTY

29. INDEMNIFICATION

30. STEEL PRODUCTS PROCUREMENT ACT

31. OTHER STATUARY GUARANTEES

32. THE TOWNSHIP’S RIGHT TO DO WORK

33. HIRED EQUIPMENT

34. PAYMENT

35. QUANTITIES OF ESTIMATE

36. CLAIMS FOR EXTRA COST

37. PERMITS, LICENSES AND TAXES

38. RIGHT OF SET-OFF

39. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

40. DEBARMENT

41. RIGHT TO KNOW ACT

42. SALES TAX EXEMPTION (CONSTRUCTION CONTRACTS)

TOWNSHIP OF LOWER MERION EXHIBIT “B”

CONTRACT GENERAL CONDITIONS

1. FAMILIARITY WITH PROPOSED WORK

1.1. The bidder is required to examine carefully the Bid Document. It is assumed that the bidder understands the conditions to be encountered and the character, quality and quantities of materials to be furnished for the completion and satisfaction of the

Specifications and Contract requirements.

1.2. The Contractor shall at all times observe and comply with all Federal and State laws and local ordinances and regulations in any manner affecting the conduct of the work or the employees on the project.

2. AUTHORITY

(Lower Merion Township Code - Chapter 5, Article XI - Purchasing)

2.1. The Township Manager has designated a Purchasing Agent who shall serve as the

Contracting Officer for the Township of Lower Merion.

2.2. The Purchasing Agent shall procure for the Township supplies, materials, equipment and contractual services.

2.3. The Purchasing Agent shall establish such regulations, procedures and files as necessary to provide for an efficiently administered contracting system.

3. DEFINITIONS

As used herein, the following definitions shall apply:

ADDENDUM: A formal document, issued by Purchasing, which changes specifications or bid terms and conditions prior to the time of bid opening

AMENDMENT: Formal notification to contract parties of changes in price, terms or conditions of a contract previously executed.

ASSIGNMENT: Transference of some property right or title to another party.

BID GUARANTY OR

GUARANTEE:

A promise by a bonding company in case the bidder should fail to perform its initial obligations after its bid has been accepted, particularly its obligation to provide a performance bond, to perform (or cause to be performed) all those obligations provided the cost not exceed the amount of the guarantee.

CONSTRUCTION: The process of erecting, altering, repairing or improving any structure, building or other type of real property. It does not include the routine operation, repair or maintenance of existing structures, buildings or real property.

CONSTRUCTION

COMPLETION:

Also known as Final Completion and marks the conclusion of a construction project, where all work has been completed as per the contract; deficiencies and punch list items are resolved; and the contractor has fulfilled their obligations in full.

CONTRACT: All types of agreements, grants and orders for the purchase or disposal of supplies, services, construction or any other item.

CONTRACTOR: One who contracts or is party to a contract.

DEBARMENT: Action by the Township to exclude individuals or firms from contracting with the Township for a specified period of time.

DEFAULT: Failure to deliver the supplies or perform the services within the time specified in the contract, failure to make progress so as to endanger performance of the contract, refusal or failure in a construction contract to prosecute the work or any separable part within the time specified in the contract.

EMERGENCY: A situation in which public health or safety is endangered. A

Purchasing Emergency is a need for parts, material and labor required in connection with repairs due to breakdowns of equipment, property, essential services or when unforeseen circumstances arise.

GOODS: Includes any personal property to be purchased by the

Township, including equipment, supplies, materials and component or repair parts.

HIGHWAY MATERIALS: All those goods defined or listed as materials for the construction, improvements and repair of highways in

“Specifications for Highway Improvements - 1930” together with the latest revisions thereto of the Department of

Transportation Form 408, as last revised (all of which are made part of this Contract as fully and with the same effect as if they had been set forth at length in the body of this

Contract.)

LIQUIDATED DAMAGES: Liquidated damages are a specific sum (or a sum readily determinable) of money stipulated by the contracting parties as the amount to be recovered for each day of delay in delivery of the product or completion of the contract. They do not represent actual damages, but are established in the contract as a substitute for actual damages.

LUMP SUM: The price agreed upon between vendor and Township for a group of items or a service. The items are not broken down by individual value.

MAINTENANCE BOND: A promise from a surety covering any defects which may develop in the work caused by defective inferior material and/or workmanship in the amount of 25% of the total contract amount for a period of two (2) years from date of completion, approval, and acceptance of the entire work, or construction completion.

PERFORMANCE BOND: A promise from a bonding company (“the surety”) to perform (or cause to be performed) those obligations of the contractor (“the principal”), when the contractor fails to perform its obligations, in an amount up to but not exceeding the amount of the bond (“penal sum”). The obligation of a surety under a performance bond shall be in addition to and not offset by any applicable warranty.

PAYMENT BOND: A promise from a surety, in case the contractor fails to pay his laborers or suppliers amounts due for labor or material used in the contract, to pay those suppliers the amounts due up to the amount of the bond.

PUBLIC CONTRACT: A Contract exceeding $24,500.00 for the construction, reconstruction, alteration or repair of any public building or other public work or public improvement, including heating or plumbing contracts, under the terms of which the contractor is required to give a performance bond and labor and material payment bond.

PURCHASING AGENT: The person authorized by the Township Manager to fulfill the condition of central procurement in accordance with the requirements of the Lower Merion Township Administrative

Code and the First Class Township Code.

REQUIREMENTS CONTRACT: A method of contracting with a vendor to supply goods/services to the Township with goods/services being released on an “as needed basis”.

RESPONSIBLE BIDDER: A responsible bidder is one who is financially responsible, and is possessed of a judgment, skill, ability, capacity and integrity requisite and necessary to perform and complete a public contract according to its terms.

RESPONSIVE BIDDER: A person or firm which has submitted a bid conforming to all terms, conditions and requirements of the Invitation to Bid.

RETENTION: The withholding of a part of the purchase payment due until the purchase has been finally accepted as fully meeting specifications.

SERVICES: The rendering of time and effort by a contractor to produce a desired effect rather than the furnishing of a specific item or product.

SPECIFICATION: Any description of a physical or functional characteristic of a supply or service. It may include a description of any requirement for inspecting, testing or preparing a supply or service for accepted delivery.

STATE: Commonwealth of Pennsylvania.

SUBCONTRACTOR: Is an individual, group, partnership or corporation having a direct contract with the Contractor to furnish special services, labor or materials towards the completion of the Contractor’s contract.

SUBSTANTIAL COMPLETION: Construction that is sufficiently completed in accordance with contract documents and certified by the architect or engineer of the contracting body, as modified by change orders agreed to by the parties, so that the project can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least 90% of the work on the project is completed.

TOWNSHIP: Township of Lower Merion, 75 East Lancaster Avenue, Ardmore, Pennsylvania 19003.

VENDOR: Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any legal entity through which goods or services are purchased.

WARRANTY: An undertaking, either express or implied, that a certain fact regarding the subject matter of a contract is as it is declared or promised to be

WORK: As specified in the Detailed Specifications and Special

Conditions, includes all labor and/or materials, equipment and any other facilities necessary for the Contractor to complete the contract.

4. SURETY BONDS

4.1. When a Contract is for Construction and the contract/bid amount is over $10,000.00, the contractor to whom the Contract is awarded will be required to execute a “Performance

Bond” covering satisfactory performance of the work or hire contracted in the amount of one hundred percent (100%) of the Contract; and a “Labor and Materials Bond” covering the prompt payment in full for utility services rendered, for all materials furnished and for labor supplied or performed in the prosecution of the work or hire, in the full amount of the Contract. If the contract amount is between $1,500.00 and $10,000.00, a Performance

Bond shall not be required, however, a Labor and Materials Bond in the amount of fifty percent (50%) of the total contract shall be required.

4.2. When a Contract is for construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind, the bidder to whom the

Contract is awarded will be required to execute those bonds as set forth in paragraph 4.1 above and a “Maintenance Bond” covering any defects which may develop in the work caused by defective or inferior materials and workmanship, in the amount of twenty-five percent (25%) of the value of the work. The “Maintenance Bond” is to continue in effect for a period of two (2) years from the date of completion, approval and acceptance of the entire work.

4.3. When a Contract is for goods and/or services and the total contract bid amount is under

$24,500.00, there are no bonding requirements. If the bid amount is over $24,500.00, the bidder to whom the Contract is awarded will be required to execute a “Performance Bond” covering satisfactory performance of the Contract by the bidder in the amount of one hundred percent (100%) of the contract.

4.4. All Bonds must be executed by a corporate surety satisfactory to the Township of Lower

Merion. Any corporate surety submitted to the Township of Lower Merion must provide verification of at least an “A” rating from A.M. Best or a similar rating from another nationally recognized rating agency/service. A Power of Attorney and the corporate surety’s latest statement of assets and liabilities must accompany each Bond. The Seller must promptly furnish any additional security as may be required from time to time to protect the interests of the Township of Lower Merion. All bond costs shall be borne solely by the contractor/bidder.

4.5. In lieu of the “Performance Bond”, “Labor and Materials Bond” and “Maintenance

Bond”, an “Irrevocable Letter of Credit” presentable at the financial institution’s counter in the greater Philadelphia area will be accepted for Construction and Service contracts.

An Irrevocable Letter of Credit must be accompanied by a completed Letter of Agreement form. A separate Irrevocable Letter of Credit must be submitted for each required bond.

Copies of Letter of Credit Agreement forms are available in the Purchasing Department.

4.6. For specific Bond requirements, refer to the Special Conditions section of this contract.

5. INSURANCE REQUIREMENTS

(NOTE: INSURANCE CHECKLIST MUST BE COMPLETED AND SUBMITTED WITH BID)

THE FOLLOWING 5.1 THROUGH 5.4 APPLY ONLY TO CONSTRUCTION AND SERVICES

CONTRACTS. REFER TO THE INSURANCE CHECKLIST FOR THE REQUIRED

COVERAGES FOR THE PROJECT:

5.1. Township of Lower Merion Names an “Additional Insured”

All contractors are required to procure and maintain the following insurance coverages with the Township of Lower Merion named as an “Additional Insured.” Only certificates of insurance from companies licensed to do business in the Commonwealth of

Pennsylvania and acceptable to the Township will be approved. A copy of the insurance certificate must be provided for each contract document.

5.1.a. Workers’ Compensation Insurance

The contractor must maintain during the life of this contract Workers’

Compensation Insurance for their employees. Coverage must be in accordance with statutory requirements of the Commonwealth. Coverage should include

Employer’s Liability with minimum limits of:

Bodily Injury by Accident $100,000 per accident

Bodily Injury by Disease $100,000 per person

Bodily Injury by Disease $500,000 policy limit

5.1.b. Commercial General Liability

The contractor must maintain during the life of this contract Public Liability

Insurance to protect him/her, and their subcontractors and the Township for injury or damage caused directly by him or his employees for the following limits:

General Aggregate: $2,000,000

Per Occurrence: $1,000,000

Products and Completed Operations $2,000,000

Personal and Advertising Injury: $1,000,000

5.1.c. Automobile Insurance

The contractor must maintain during the life of this contract Automobile

Liability for all vehicles (owned, non-owned and hired) operating in furtherance of this contract for the following limits:

Combined Single Limit $1,000,000

5.2. Special Insurance’s for Construction Contracts

5.2.a. Umbrella Liability

Umbrella excess liability or excess liability insurance or its equivalent with

Minimum limits.

5.2.b. Underground and/or Blasting Liability

All contractors employing mechanical digging devices or requiring blasting must procure and maintain underground and/or blasting liability insurance for the period of time work is in progress. Coverage amounts to be the same limits as those stated in paragraph 5.1.b.

5.2.c. Owner Protective Coverages

Contractor shall also take out, pay for and maintain until completion and acceptance of the work required by this contract a separate policy of insurance naming (1) the Owner, its officers, agents and employees, and (2) the Engineers as insured. This separate policy shall provide coverage to the Owner and its officers, agents and employees and the Engineer with respect to said work.

Both personal injury and property damage insurance must be on an occurrence basis. The policy shall provide coverage to the full limit of liability stated in the declarations, and if the Owner and its officers, agents and employees of the

Engineer have other insurance against the loss covered by said policy, that other insurance shall be excess insurance only. Policy shall provide a minimum coverage of $1,000,000 per occurrence, unless otherwise noted in the Special

Conditions section.

5.2.d. Property Insurance

The Contractor will take out and maintain during the life of this contract “All

Risk” coverage on the entire work. This insurance shall include the interests of the Contractor, Owner, Township and any Trustee named by the Owner as their interests may appear.

5.3. Cancellation Notice

Notice of Cancellation, nonrenewal, or material change in coverage shall be provided to the Township of Lower Merion. The words “endeavor to” and “but failure to” (to end of sentence) are to be eliminated from the Notice Cancellation provision on standard

ACORD certificates.

5.4. Subcontractors

The Contractor shall require all subcontractors to maintain during the term of the contract commercial general liability insurance, business auto liability insurance, workers’ compensation and employers’ liability insurance (or personal health insurance) and professional liability insurance to the same extent required of the Contractor unless any such requirement is expressly waived or amended by the Township in writing. The

Contractor, shall furnish, upon request of the Township, Subcontractors’ certificates of insurance.

THE FOLLOWING 5.5 THROUGH 5.7 APPLY ONLY TO GOODS CONTRACTS. REFER TO

THE INSURANCE CHECKLIST FOR THE REQUIRED COVERAGES FOR THE PROJECT:

5.5. Insurance (Applies only to Goods Contracts)

All suppliers are required to procure and maintain the following insurance coverages.

Only certificates of insurance from companies licensed to do business in the

Commonwealth of Pennsylvania and acceptable to the Township, will be approved. A copy of the insurance certificate must be provided for each contract document.

5.5.a. Workers’ Compensation Employer’s Liability

The supplier must maintain during the life of this contract Workers’

Compensation Insurance for their employees. Coverage must be in accordance with statutory requirements of the Commonwealth. Coverage is to include

Employer’s Liability with minimum limits of:

Bodily Injury by Accident $100,000 per accident

Bodily Injury by Disease $100,000 per person

Bodily Injury by Disease $500,000 policy limit

5.5.b. Commercial General Liability

The supplier must maintain during the life of this contract Commercial General

Liability insurance to protect him/her, his/her subcontractors and the Township for injury or damage caused directly by him/her or their employees for the following limits:

General Aggregate: $1,000,000

Per Occurrence: $1,000,000

Products and Completed Operations $1,000,000

Personal and Advertising Injury: $1,000,000

5.5.c. Automobile Insurance

The supplier must maintain during the life of this contract Automobile Liability for all vehicles (owned, non-owned and hired) operating in furtherance of this contract for the following limits:

Combined Single Limit $1,000,000

5.6. Cancellation Notice

Notice of Cancellation must be provided to the Township and indicated on the Certificate for all policies.

5.7. Additional Insured

All Certificates of Insurance should list the Township of Lower Merion as Additional

Insured.

6. COMPETENCY OF BIDDER

6.1. The Board of Commissioners may reject the bid of any person, firm or corporation that is in arrears or is in default to the Township upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Township or that failed to perform faithfully any previous contract with the Township or that, after investigation, is shown to be non-responsible.

6.2. The bidder, if requested, must present within forty-eight (48) hours evidence satisfactory to the Township of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with terms of the bid and the contract documents.

7. MANDATORY REQUIREMENTS

7.1. The Purchasing Department has established certain mandatory requirements which must be included as part of any bid. The use of the terms “shall”, “must” or “will” (except to indicate simple futurity) in this Invitation to Bid indicate a mandatory requirement or condition. The words “should” or “may” in this Invitation to Bid indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omission of, such a desirable feature will not by itself cause rejection of a proposal.

8. NONAPPROPRIATION

8.1. The vendor recognizes that any agreement entered into shall commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. The vendor and the Township herein recognize that the continuation of any contract after the close of any given fiscal year of the Township which fiscal years’ end on December 31 of each year, shall be subject to the approval of the budget of the

Township providing for or covering such contract item as an expenditure therein. The

Township does not represent that said budget item will be actually adopted, said determination being the determination of the Township Board of Commissioners at the time of the adoption of the budget.

9. PROOF OF BIDDER’S RESPONSIBILITY

9.1. In presenting a bidder’s financial qualifications none of the following may be included in any representation of liquid assets:

9.1.a. Capital Stock of the Contractor

9.1.b. Accounts Receivable against which assignments have been made

9.1.c. Equity in real estate

9.1.d. Life Insurance

9.1.e. Reserve representing prepayment of taxes or other expenses

9.1.f. Deposits held as security for other contracts

9.1.g. Capital of proposed subcontractors

9.2. Upon request, bidder shall file an experience questionnaire and financial statement with the Township. 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.

9.3. In addition to the financial qualifications, the bidder may be required to prove to the satisfaction of the Township that he has successfully completed a contract for similar work in an amount of not less than seventy-five percent (75%) of the amount of the proposed contract.

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

9.5. 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 proposal guaranty shall be forfeited to the use of the Township, not as a penalty, but as liquidated damages.

10. UNIT PRICES

10.1. When the Contract Documents provide for portions or quantities of Work on a unit price basis, such estimated quantities in the Contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the

Township may find it advisable to increase or decrease the quantities as the Township may deem necessary or desirable. The actual amount of work to be done and material to be furnished on a Unit Price basis may differ from the estimated quantities. The Township shall make payment for Unit Price Work based on the actual number of units installed on the completed work.

11. AWARD

11.1. When a bid received has been determined by the Township of Lower Merion to be satisfactory, a Contract shall be awarded to the lowest responsible bidder within sixty (60) days of the date of bid opening or all bids shall be rejected except as otherwise provided in this Contract document.

11.2. If the award is delayed by a required approval of another government, agency, the sale of bonds or the award of a grant or grants, the Township shall reject all bids or award the contract to the lowest responsible bidder within 120 days of the date of bid opening.

11.3. Thirty (30) day extensions of the date for the award may be made by the mutual written consent of the Township and the lowest responsible bidder.

11.4. Awards will be made at scheduled Board of Commissioners meetings.

12. POINT OF DESTINATION - GOODS CONTRACTS

12.1. All goods shipped to the Township must be shipped F.O.B., Destination Freight Prepaid.

(Cost of shipping to be included in bid price)

12.2. Deliveries will be accepted between the hours of 8:15 A.M. and 3:00 P.M. on weekdays only. No deliveries will be accepted on Saturday, Sunday or Holidays, unless previous arrangements have been made by the receiving agency.

13. ACCEPTANCE AND INSPECTION OF GOODS

13.1. Goods delivered under this bid shall remain the property of the Supplier until physical inspection is made and thereafter accepted to the satisfaction of the Township and must comply with the terms herein and be fully in accord with specifications and of the highest quality.

13.2. In the event the goods delivered to the Township are found to be defective or do not conform to specifications, the Township reserves the right to cancel the order upon written notice to the Seller and return said goods to the Seller at the Seller’s expense. Township will charge Seller for the cost of inspecting goods rejected.

14. BRAND NAMES (OR EQUAL)

14.1. Specifications of products by name are intended to be descriptive of quality of workmanship, finish and performance. Desirable characteristics are not intended to be restrictive. Substitutions of products for those named will be considered provided the vendor certifies that the function characteristics, performance and endurance qualities of the material offered is equal or superior to that specified.

14.2. Since the Township does not wish to rule out other competition and equal brands or makes, the phrase OR APPROVED EQUAL is implied throughout this contract.

However, if the product other than that specified is bid, it is the vendor’s responsibility to name such a product within his bid and to prove to the Township that said product is equal to that which is specified.

14.3. Evidence in the form of samples, or in the case of mechanized equipment, demonstrations may be requested if the brand is other than specified. Such samples or demonstrations are to be furnished after the date of bid opening, upon request of the Township. If samples or demonstrations should be requested, such samples must be received by the Township no later than five (5) days after formal request is made.

15. RIGHT TO KNOW

15.1. All products supplied that are included within the definition of hazardous substances as specified in the general laws of the State of Pennsylvania entitled “Hazardous Substance

Right-To-Know Act” must be accompanied with Material Safety Data Sheets as defined by legislation. No product containing asbestos or polychlorinated biphenyl (PCB) in any form will be considered for award by the Township.

16. QUALITY

16.1. All materials used for the manufacture or construction of the goods covered by this bid shall be new. The items bid must be new, the latest model, to the best quality and highest grade workmanship.

17. WARRANTIES

17.1. With regard to the goods, materials and equipment which are sold under this contract, or which are incorporated in the construction required by this contract, and in addition to other warranties arising by the operation of law or offered by the Vendor, Vendor warrants to the Township that;

(a) the title conveyed shall be goods, and its transfer rightful, and they shall be delivered free and clear of all liens, claims, security interests or encumbrances;

(b) they will be delivered free and clear of the rightful claim of any third party for infringement of any patent, copyright or trademark rights;

(c) they will be delivered new and unused, unless otherwise specified by the

Township; they will be of good quality, free from defects, and “merchantable” as this term is defined in 13 Pa. C.S.A. 1101 to 9507; they will be in conformity with any applicable description or specification set out by the Township in this invitation.

The above warranty obligations shall survive termination of this contract.

The Township shall not be deemed to have waived its remedies for breach of any of these warranties by its acceptance of any goods, materials, equipment, labor, work or construction.

VENDOR SHALL BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL

DAMAGES RESULTING IN WHOLE OR IN PART FROM ITS BREACH OF ANY

OF THESE WARRANTIES.

17.2. In regard to the labor, work and construction required of Vendor under this contract, and in addition to other warranties arising by operation of law or offered by the Vendor, Vendor warrants to the Township that;

(a) title to all work, covered by application of Vendor for payment, will pass to the Township either by incorporation in the construction or upon receipt of payment by the Vendor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances;

(b) the work shall be performed in a first class and workmanlike manner; the work shall be of good quality, free from faults and defects, and in conformity with the contract documents;

(c) if, within 30 days after the day of final acceptance of the work, any of the work if found to be defective or not in accord with the contract documents, the

Vendor shall correct it promptly after receipt of a written notice from the

Township to do so unless the Township has previously given the Vendor a written acceptance of the defective or nonconforming condition; the Township shall give such notice promptly after discovery of such condition.

The above warranty obligations shall survive termination of this contract.

If the Township prefers to accept defective or nonconforming work, it may do so instead of requiring its removal or correction, in which case a change order will be issued to reflect a reduction in the contract sum where appropriate and equitable. Such adjustment shall be affected whether or not final payment has been made.

The Vendor shall be liable for incidental or consequential damages resulting in whole or in parts from its breach of any warranty.

18. DESCRIPTIVE LITERATURE - GOODS CONTRACTS

18.1. Bid Proposals for the furnishing of equipment shall be accompanied by manufacturer’s descriptive literature including technical data and equipment specifications. Additional information or specific literature requirement may be detailed in the Special Conditions or Detailed Specifications.

19. OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER

DOCUMENTS

19.1. The Drawings, Specifications and other documents the Architect prepares for this

Project are and shall remain the property of the Township, the Architect/Engineer.

Both the Township and the Architect/Engineer retain all common law, statutory and other reserved rights, including any copyright.

19.2. The Township and the Architect/Engineer have provided the Drawings, Specifications and other documents the Architect/Engineer prepares for this Project (and copies thereof furnished to the Contractor) solely for use in this Project. Any other use requires the specific written consent of the Township and Architect/Engineer. The

Contractor, Subcontractor, Sub-subcontractor, and material or equipment suppliers, shall not use such documents on other projects, including additions to the

Project outside the scope of the Work.

19.3. The Township and Architect/Engineer hereby grant to the Contractor, Subcontractors, Sub-Subcontractors and material or equipment suppliers a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents the

Architect/Engineer prepares for this Project. Subcontractors, Sub-subcontractors and material or equipment suppliers shall take such license limited strictly to documents appropriate for use in their own work. Such license shall include authority to submit or distribute licensed documents to meet official regulatory requirements or for other official purposes for this project.

20. SEPARATE CONTRACTS - CONSTRUCTION CONTRACTS

20.1. The Contractor shall coordinate his operations with those of other Contractors.

Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the

Township immediately of lack of progress or defective workmanship on the part of other

Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work.

20.2. Sub-Contracting of all or any part of this contract requires written approval by the

Township prior to the start of work.

20.3. Contractors and/or Sub-Contractors shall not place any signage on Township property without express approval of the Township.

21. INDEPENDENT CONTRACTOR

21.1. The relation of the Contractor to the work to be performed by him under this Contract shall be that of independent Contractor. As such he will be responsible for all risks, casualties, damage, loss or injury of every description to persons or property that may arise or be incurred in or during the conduct and progress of said work by or on account during the conduct and progress of said work by or on account of any act, negligent or otherwise, omission, neglect or misconduct of Contractor or of any of the employees engaged thereupon or therein, and shall keep the Township free and discharged of and from any and all responsibility or liability therefore of any sort or kind. The Contractor shall make good any damage that may occur in consequence of the work or any of it, and shall assume all blame, loss and responsibility of whatsoever nature by reason of neglect or violation of any Federal, State, County or Township law, regulation or ordinance.

22. AMERICANS WITH DISABILITIES ACT & ANTI-DISCRIMINATION LANGUAGE

22.1. Pursuant to federal regulations promulgated under the authority of The Americans with

Disabilities Act, 28 C.F.R. Section 35.101 et. seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of disability, be excluded from participation in this contract or from activities provided for under this contract. As a condition of accepting and executing this contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination”, 28 C.F.R. Section 35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Township of Lower Merion through contracts with outside contractors.

22.2. The Contractor shall be responsible for and agrees to indemnify and hold harmless the

Township of Lower Merion from all losses, damages, expenses, claims, demands, suits and actions brought by any party against the Township of Lower Merion as a result of the

Contractor’s failure to comply with these provisions.

22.3. The Contractor shall adhere to the Township of Lower Merion’s anti-discrimination statute which prohibits discrimination on the basis of race, color, religious creed, ancestry, age, sex, national origin, physical or mental disability, or because of a person's sexual orientation, gender identity or gender expression.”

23. SAFETY AND HEALTH REGULATIONS

23.1. The Contractor shall comply with, and ensure that the Contractor’s personnel and subcontracted personnel comply with, all current applicable local, state and federal policies, regulations and standards relating to safety and health, including, by way of illustration and not limitation, the standards of the Occupational Safety and Health

Administration for the General Industry and for the Construction Industry, the Federal

Environmental Protection Agency Standards and the applicable standards of the

Pennsylvania Department of Environmental Protection. The Contractor shall provide, or cause to be provided, all technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor and subcontractor(s).

23.2. The Contractor shall identify to the Township Project Officer at least one on-site person who is the Contractor’s competent, qualified, and authorized person on the work site and who is, by training or experience, familiar with policies, regulations and standards applicable to the work being performed. The competent, qualified and authorized person must be capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees, shall be capable of ensuring that applicable safety regulations are complied with, and shall have the authority and responsibility to take prompt corrective measures, which may include removal of the Contractor’s personnel from the work site.

23.3. The Contractor shall provide to the Township, at the Township’s request, a copy of the

Contractor’s written safety policies and safety procedures applicable to the scope of work.

Failure to provide this information within seven (7) days of the Township’s request may result in cancellation of the award.

23.4. The Contractor certifies that all material supplied or used under this Contract meets all

Occupational Safety and Health Administration (O.S.H.A.) requirements, both Federal and those of the Commonwealth of Pennsylvania; and further certifies that, if the material delivered or used in the performance of the work is found to be deficient in any of the applicable state or federal occupational safety and health requirements, all costs necessary to bring the material into compliance with the requirements shall be borne by the

Contractor.

24. DISPUTES

24.1. All disputes arising under the Contract or its interpretation, whether involving law, fact, extra work or breach of contract shall within ten (10) days of commencement of the dispute be presented by the Contractor to the Township for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim, but shall state the facts surrounding the claims in sufficient detail to identify the claim together with its character and scope. In the meantime, the Contractor shall proceed with the work as directed. Any claim not presented within the time limit specified within this paragraph shall be deemed to have been waived except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt by the Township of notice thereof.

24.2. Each decision by the governing body of the Township will be in writing and will be mailed to the Contractor by registered mail, return receipt requested.

24.3. If the Contractor does not…