2-260126 Bid Documents to return for PB 25021.pdf

Pavement Resurfacing of Monroe Avenue and Crescent Street East Bid Packet

BID PACKET AND SPECIFICATIONS

FOR

Pavement Resurfacing of Monroe Avenue and Crescent Street East

PENNDEL BOROUGH

BUCKS COUNTY, PENNSYLVANIA

February 2026

Prepared For:

PENNDEL BOROUGH

Prepared by

1578 State Road 1-888-346-8673 Coopersburg PA 18036 www.value.engineering

PB 25021

AFFIDAVIT ACCEPTING PROVISIONS OF THE WORKMEN'S

COMPENSATION ACT

State of )

) ss:

County of )

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

(surety company)

(type or print) Contractor

By:

signature

Sworn to and subscribed before me this day of A.D. 202____.

My Commission Expires (date) Notary Public

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):

Penndel Borough 300 Bellevue Avenue Penndel PA 19047

BID

Bid Due Date: February 20, 2026 Description (Project Name and Include Location):

Pavement Resurfacing of Monroe Avenue and Crescent Street East

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: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, 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 penal 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 penal sum set forth on the face of this Bond; and

1.3. Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bid Packet (or any extension thereof agreed to in writing by Owner) the executed Contract, any performance and payment bonds, and/or any proof of insurance, all as required by the Bid Packet.

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 Bid Packet (or any extension thereof agreed to in writing by Owner) the executed Contract, any performance and payment bonds, and any proof of insurance, all as required by the Bid Packet, 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 Bid Packet (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. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one (1) year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. 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 pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. 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.

10. 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.

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

12. Any action filed under this Bond must be commenced in the Bucks County Court of Common Pleas or the

United States District Court for the Eastern District of Pennsylvania. This is a legal requirement and not subject to negotiation or change.

BIDDER’S ACKNOWLEDGEMENT FORM

PROJECT IDENTIFICATION: Pavement Resurfacing of Monroe Avenue and Crescent Street East

ARTICLE 1 – BID RECIPIENT

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with the Owner in the form included in the Bid Packet to perform all Work as specified or indicated in the Bid Packet for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bid Packet.

ARTICLE 2 - BIDDER’S ACKNOWLEDGEMENTS

Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of the Owner.

ARTICLE 3 - BIDDER’S REPRESENTATIONS

In submitting this Bid, Bidder represents, as set forth in the Contract, that:

A. Bidder has examined and carefully studied the Bid Packet, the other related data identified in the Bid Packet, and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all laws and regulations that may affect cost, progress and performance of the Work.

D. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bid Packet.

E. Bidder is aware of the general nature of work to be performed by the Owner and others at the Site that relates to the Work as indicated in the Bid Packet.

F. Bidder has correlated the information known to Bidder; information and observations obtained from visits to the Site; reports and drawings identified in the Bid Packet; and all additional examinations, investigations, explorations, tests, studies, and data with the Bid Packet.

G. Bidder has given the Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bid Packet, and the written resolution thereof by the Engineer is acceptable to Bidder.

H. The Bid Packet is generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work for which this Bid is submitted.

ARTICLE 4 - BIDDER’S CERTIFICATION

Bidder represents and certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of the Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive the Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 - BASIS OF BID

Bidder will complete the Work in accordance with the Contract Documents for the submitted bid amount.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents.

ARTICLE 6 - TIME OF COMPLETION

Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with the Contract Documents within 120 days of issuance of the notice to proceed..

Bidder accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Contract.

ARTICLE 7 - ATTACHMENTS TO THIS BID

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

A. Bid security;

B. Bidder’s Acknowledgement Form;

C. Contractor's Qualification Statement with supporting data;

D. Non-Collusion Affidavit;

E. Agreement of Surety;

F. Certificate of Insurance

G. Public Works Employment Verification Form; and

H. Affidavits, Representations, Certifications, and other statements of Bidders.

ARTICLE 8 - COMMUNICATIONS

Communications concerning this Bid shall be addressed to the following individual:

If the address, telephone number, and fax number of the above individual is different than noted at the end of the Bid Form, note the address, telephone number, and fax number of the above individual:

Business Address:

Telephone No.: (____)

Fax No. (____)

Email:

SUBMITTED on _________________________________, 20______.

Name of Bidder:

� Corporation State of Incorporation:

Date of Qualification to do Business:

� Partnership General Partner:

� Individual Doing Business as:

Business Address:

Telephone No.: (____)_____________________________

Fax No.: (____)_____________________________

Name of Person authorized to sign (typed or printed):

Title of Person authorized to sign (typed or printed):

(Authorized Signature)

SEAL Affix Corporate Seal if Corporation

Attested by Corporate Secretary or an Assistant Secretary if Corporation

CONTRACTOR'S QUALIFICATION STATEMENT

This statement is to be submitted as part of the Bid Package. (Note: Attach separate sheets as required.)

The undersigned certifies the truth and correctness of all statements and of all answers to questions made hereinafter.

TO: PENNDEL BOROUGH

300 Bellevue Avenue Penndel, PA 19047

Submitted by: ________________________________________ Check One:

Name: ______________________________________________

Address: _____________________________________________

Principle Office: _______________________________________

1. How many years has your organization been in business as a contractor? ____________

2. How many years has your organization been in business under its present business name?

3. If a corporation, answer the following:

a. Date of incorporation: ____________________________________________

b. State of incorporation: ____________________________________________

c. President's name: ________________________________________________

d. Vice president's name(s): __________________________________________

e. Secretary or clerk's name: _________________________________________

f. Treasurer's name: ________________________________________________

g. List names and addresses of all parties holding greater than ten percent (10%) interest in the corporation:

� Corporation � Partnership � Individual � Joint Venture � Other

4. If individual or partnership, answer the following:

a. Date of organization: ______________________________________________

b. Name and address of all partners: (State whether general or limited partnership)

5. If other than corporation or partnership, describe organization and name principals:

6. You normally perform % of the work with your own forces. List trades below:

7. Have you ever failed to complete any work awarded to you? If so, note when, where and why:

8. Has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete a construction contract? If so, state circumstances:

9. List name of project, owner, architect, contract amount, percent complete and scheduled completion of the comparable construction projects your organization has in progress on this date:

10. List the name of project, owner, architect, contract amount, date of completion, percent of work with own forces of the projects your organization has completed in the past two

(2) years which equal at least fifty percent (75%) of the total amount of the Bid for the Project under consideration:

11. List the construction experience of the principal individuals of your organization:

12. List the categories in which your organization is legally qualified to do business in

Pennsylvania:

13. Trade References:

14. Bank References:

15. Name of your organization’s Bonding Company and name and address of agent:

16. Dated at this day of , 20 .

Name of Organization:

By:

Title:

M , being duly sworn, deposes and says that he/she is the of the Contractor, and that answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn before me this day of , 20 .

Notary Public:

My Commission Expires:

NON-COLLUSION AFFIDAVIT

Contract/Bid No.: Pavement Resurfacing of Monroe Avenue and Crescent Street East

State of :

: ss.

County of :

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

I state that:

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

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or non-competitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid.

(5) ___________________________________ (Name of my firm), its affiliates, subsidiaries, officers, directors and employees are not 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:

I state that understands and acknowledges (Name of my firm) that the above representations are material and important, and will be relied on by Penndel Borough 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 Penndel Borough of the true facts relating to the submission of bids for this Contract.

(Name and Company Position)

(Signature)

SWORN TO AND SUBSCRIBED

BEFORE ME THIS DAY

OF , 20 .

My Commission Expires:

Notary Public

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

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

According to the Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 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 member, officer or employee of the bidder, who makes the final decision on prices and the amount quoted in the bid.

3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval, or submission of the bid.

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 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.

AGREEMENT OF SURETY COMPANY

We, _____________________________________ as Surety, a corporation existing under the laws of the State of ________________________, and authorized to transact business in the

Commonwealth of Pennsylvania hereby agree intending to be legally bound hereby, to execute and deliver to Owner:

PENNDEL BOROUGH, 300 Bellevue Avenue, Penndel, PA 19047 within the time limit specified in the Contract Documents, the Performance Bond and Payment Bond in the forms included in the Contract Documents or an equivalent acceptable to Owner, each in an amount of 100% of the contract amount, in favor of Owner, as required for the faithful performance and proper fulfillment of Pavement Resurfacing of Monroe Avenue and Crescent Street East on behalf of:

(Bidder, Name and Address) provided that the above Contract is awarded to Bidder within sixty (60) days after the date of opening of the bids or otherwise as set forth in the Instructions to Bidders.

Surety Company further agrees that should Surety Company, after notification of such award, omit or refuse to execute the required bonds then Surety Company shall pay to Owner any difference between the total amount specified in Bidder's proposal for the required work and the amount for which Owner may procure the same work, if the latter amount be in excess of the former, and after deduction therefrom of payment made by reason of the forfeiture of the proposal security.

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this _____ day of _____________________, 20____.

SURETY

Company:

(Corp. Seal) Signature:

Name and Title:

NOTE: This statement, if executed by any person other than the President or Vice President of the Surety Company, must be accompanied by a current and effective certificate showing authority conferred upon the person so signing to execute such instruments on behalf of the Surety Company represented.

CERTIFICATE OF INSURANCE

This is to certify to the Owner that the following described policies in force at this date have been issued by:

Name of Insuring Company

Address

Name of Insured (the Contractor)

Address

Date of Contract:

Description of work and locations where work is to be done

Type of Insurance Policy Number Expiration Date

A - Workmen's Compensation

1. Provided by Workmen's Compensation Law, Commonwealth of Pennsylvania

B - Comprehensive General Liability, including:

Bodily Injury

1. Property Damage Liability Each Person $ Each occurrence $

Each occurrence Aggregate $

2. Commercial General Each Person $ Each occurrence $ Liability, Each occurrence Aggregate $

3. Products and Each Person $ Each occurrence $

Completed Operations Each occurrence Aggregate $

4. Bodily Injury Each person $ Each occurrence $ Liability Each occurrence Aggregate $

5. Manufacturers and Each person $ Each occurrence $

Contractors Public Liability Each occurrence Aggregate $ C - Comprehensive Automobile Liability, including:

1. Owned vehicles Each person $ Each occurrence $

Each occurrence Aggregate $

2. Hired vehicles Each person $ Each occurrence $

Each occurrence Aggregate $

3. Other Non-owned vehicles Each Person $ Each occurrence $

Each occurrence Aggregate $

Contractual liability agreement for coverage under B-3 above

It is agreed by the insurance company that if the above policies be canceled or changed during the periods of coverage as stated herein, thirty (30) days written notice, prior to such cancellation or changes, will be given to the Owner at Penndel Borough Hall, 300 Bellevue Avenue, Penndel, Pennsylvania 19047

(Name of Insurance Company)

(Address)

(Signature of Authorized Representative - in ink) Countersigned:

By ______________________________ By Attorney-in-Fact, Affix Corporate Seal Commonwealth of Pennsylvania

(Power of Attorney for person signing for surety company must be attached to bond).

An Acord Certificate may be submitted in representation of this form if all insurance requirements are satisfactorily demonstrated.

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION

FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor Subcontractor (check one)

Contracting Public Body _______________________________________________________________

Contract/Project No ___________________________________________________________________

Project Description ____________________________________________________________________

Project Location ______________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E‐Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

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

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

Authorized Representative Signature