2-Specifications.pdf

SPECIFICATIONS

Covering the

CDBG PROJECT # 50-15-24

GOLF ROAD PARKING LOT

In the

Township of Upper Darby

For

Township of Upper Darby 100 Garrett Road

Upper Darby, PA 19082-3135

September 2025

Prepared By

MG Engineering Associates, LLC 334 W. Front Street

Media, PA 19063 Project Engineer

Our File # UDT-2025-03

Michael Galante P.E., C.M.E. Date

P.E. #080959

9-16-25

Note: Contractor must sign certifications contained in items # 2, 8, 16-22, and 25-28 as part of the executed contract.

Note: Contractor should provide the following items with their bid documents – Items # 2, 3, 6, 8, 16, 17, 20, 21, 27, 31, 32, 33 and 34.

SECTION I

SAMPLE BID AND CONTRACT DOCUMENTS

1. Notice to Contractors

2. Noncollusion Affidavit

3. Form of Bid Bond

4. Instruction to Bidders

5. General Contract Conditions

6. Bid for Unit Price Contract (Proposal)

7. (Omitted)

8. Subcontractor Declaration Form

9. Contract with Certifications

10. Form of Payment Bond

11. Form of Performance Bond

12. Form of Notice of Award

13. Form of Notice to Proceed (to Contractor)

#1

NOTICE TO CONTRACTORS

Sealed proposals for the CDBG Project # 50-15-24, Golf Road Parking Lot in Upper Darby Township will be received electronically via the PENNBID Program (https://pennbid.bonfirehub.com) by Upper Darby Township until October 7, 2025 until 4:00 PM prevailing time, at which time said bids will be publicly opened with the results made available via PENNBID. A public bid opening will be publicly opened with the results made available on PENNBID.

Plans, Specification, and bid forms may be obtained at no cost on PennBid (https://pennbid.bonfirehub.com).

Each bid must be accompanied by either a bid bond in an amount of ten (10%) of the bid amount from a surety satisfactory to the Authority or by certified check or letter of credit upon a solvent bank in the amount of ten (10%) of the bid amount in favor of the Authority. Bid Bonds shall be accompanied by Proof of Authority of the official or agent signing the bond.

Attention of bidders is called to all of the requirements contained in this bid packet, particularly to the application of the Davis-Bacon and Related Acts requirements, various insurance requirements, Section 3 Certification, various equal opportunity provisions, and the requirement of a payment bond and performance bond for 100% of the contract price.

Attention is called to the fact that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race because of their race, color, religion, sex, handicap, familial status, or national origin. Hearing impaired individuals may contact the Authority through the AT&T Relay Center at 1-800- 654-5984.

The Bidder's attention is called to the fact that this project is assisted with federal funds, and various federal requirements apply as noted in the bid documents, including but not limited to equal opportunity provisions and Davis-Bacon and Related Acts. Davis-Bacon Provisions are applicable for all contracts over $2,000 in HUD funds. The Section 3 Final rule threshold requirements apply for contracts over $200,000 in HUD Funds. Additionally, this project is subject to BABA project requirements which establish guidelines for using American-made materials in federally funded projects. The BABA rules apply to iron, steel and other specifically named construction materials as detailed in the project specifications.

No bidder may withdraw his bid within sixty (60) days after the actual date of the opening thereof. Upper Darby Township reserves the right to waive any informalities or to reject any or all bids.

#2

NONCOLLUSION AFFIDAVIT

State of

BID Identification CDBG Project # 50-15-24, Golf Road Parking Lot

CONTRACTOR , being first duly sworn, deposes and says that he is (sole owner, a partner, president, secretary, etc.) of the party making the foregoing BID; that such BID is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation;

that such BID is genuine and not collusive or sham; that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or any one else to put in a sham BID, or that any one shall refrain from bidding; that said BIDDER has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the BID price of said BIDDER or of any other BIDDER, or to fix any overhead, profit, or cost element of such BID price, or of that of any other BIDDER, or to secure any advantage against the OWNER awarding the contract or anyone interested in the proposed contract; that all statements contained in such BID are true; and, further, that said BIDDER has not, directly or indirectly, submitted his BID price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, BID depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest with said BIDDER in his general business.

Signed:

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

Seal of Notary

#3

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE, as PRINCIPAL, and as SURETY, are held and firmly bound unto the (hereinafter called the OWNER), in the penal sum of DOLLARS ($ ) lawful money of the United States, for payment of which sum well and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THE OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated for .

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the time specified therein after the opening of the same, and shall within ten (10) days after the Principal is notified by the Owner of the award of such Contract to him, enter into a written contract with the Owner, in accordance with the Bid as accepted; and give bond with good and sufficient surety or sureties as may be required for the faithful performance and proper fulfillment and labor supplied, if required in said Contract; or in event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required materials or supplies, or both, if the latter amount of the former, together with any other expenses and costs that may have been incurred by the Owner, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

WITNESSED BY:

(Individual Principal)

Business Address:

ATTEST:

Corporate Principal Corporate Surety

By:

SEAL

(Power of Attorney for person signing for Surety Company must be attached to bond.)

#4

INSTRUCTIONS TO BIDDERS

1. RECEIPT AND OPENING OF BIDS: Upper Darby Township (herein called the "Owner"), invites bidders to submit sealed bids that will be received online via the PennBid Program by Upper Darby Township on October 7, 2025, 4:00 PM prevailing time and onsite at 100 Garrett Road, Upper Darby, PA 19082.

There is no physical bid opening for this project, bids will be revealed via the

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

The Successful Bidder Who Is Awarded The Contract, Will Be Required To Pay “PennBid” A Fee Of

0.0033% (⅓ of 1 percent) up to $5,000 Of The Contract Award Value. No fees apply to bidders who submit without being awarded the contract.

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof.

2. PREPARATION OF BID: Each bid must be submitted electronically via PennBid, on the prescribed form and accompanied by a Bid Bond, Certified Check, or Letter of Credit, the Non-collusion Affidavit, and Subcontractor Declaration Form. All blank spaces for bid prices must be completed, in ink or typewritten, in both words and figures, and the foregoing Certifications must be fully completed and executed when submitted. In case of discrepancies of written words and figures, the prices written in words shall govern.

All bids will be received through the PennBid Program and bidder shall adhere to requirements detailed on the Bid located on the website.

3. MODIFICATION OF BIDS: Any bidder may modify his/her bid within PennBid at any time prior to the due date and time listed in the invitation to bid.

4. METHOD OF BIDDING: The Owner invites unit price/lump sum price bids as indicated in the Bid Form, page.

If the lowest total responsive bid received exceeds the amount of funds available to finance the contract, the Owner may:

a. Reject all bids;

b. Augment the funds available in an amount sufficient to enable award to the lowest responsive bidder or bidders;

c. Take the base bid less the alternative deductible (if any) as listed on the proposal form as to produce a net amount which is within available funds.

5. QUALIFICATIONS OF BIDDER: The Owner may make such investigations as he/she deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

6. BID SECURITY: Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he/she has not been notified of the acceptance of his/her bid. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

7. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT: The successful bidder, upon his/her failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he/she has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bid.

8. CONDITIONS OF WORK: Each bidder must inform himself/herself fully to the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his/her obligation to furnish all material and labor necessary to carry out the provisions of his/her contract. Insofar as possible, the contractor in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

9. OBLIGATION OF BIDDER: At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his/her bid.

10. EXAMINATION OF SITE: Each bidder shall, and is hereby directed to inspect the entire site of the proposed work and judge for himself/herself as to all the circumstances affecting the cost and progress of the work and shall assume all patent and latent risks in connection therewith.

11. SOIL CONDITIONS: Subject to the convenience of the Owners, prospective bidders will be permitted to explore the site by making borings or digging test pits. In such event, the work shall be done at the sole expense and risk of the bidder, and he shall maintain and restore the site to original condition.

The Owner does not guarantee the accuracy of any information or samples which it may have obtained from test borings or otherwise as to the kind or condition of the soil that may be encountered in the prosecution of the proposed work, neither does the Owner represent that the plans and specifications drawn are based upon any data so obtained. The Owner does not make any representation as to the soil which may be encountered or of soil or water which underlies the work or is adjacent thereto, including any difficulties that may be due to quicksand, or other unfavorable conditions that may be encountered in the work, whether apparent upon surface inspection or disclosed in the process of carrying forward the work.

12. WORKING FACILITIES: The plans show, in the general manner, the existing structures and the land available for construction purposes. The bidders must satisfy themselves of the conditions and difficulties that may be encountered in the execution of the work at this site.

13. ADDENDA AND INTERPRETATIONS: No official interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally.

Every request for such interpretation should be in writing and will be submitted via the “Clarifications” feature within PennBid, and to be given consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be distributed to all prospective bidders, not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his/her bid as submitted. All addenda so issued shall become part of the contract documents.

14. WATER SUPPLY: All water for construction purposed, as well as the expense of having water conveyed about the work, must be provided by the Contractor and the cost of this work shall be included in the unit prices stipulated for the various items of the work to be done under this contract.

The source, quality and quantity of water furnished shall at all times be satisfactory to the Engineer.

15. SIGNATURE OF BIDDERS: The firm, corporate or individual name of the bidder must be signed in ink in the space provided for the signatures on the proposed blanks. In the case of a corporation, the title of the officer signing must be stated and such officer must be thereunto duly authorized and the seal of said corporation duly affixed. In the case of a partnership, the signature of at least one of the partners must follow the firm name, using the term "member of the firm". In the case of an individual, use the terms "doing business as", or "sole owner". The bidder shall further state in his proposal the name and address of each person or corporation interested therein.

16. NOTICE OF SPECIAL CONDITIONS: Attention of the bidder is particularly called to those parts of the General Contract Conditions and other contract documents and specifications which deal with the following:

a. Insurance requirements

b. Davis Bacon and Related Acts Provisions, including Davis-Bacon Act wage rates

c. Requirement for a payment bond and performance bond for 100% of contract price

d. Requirement that all subcontractors be approved by the Owner

e. Time-for-completion and liquidated damages requirements

f. Safety standards

g. Contractor's responsibility to obtain permits

h. Affirmative Action and Equal Opportunity provisions

i. Contractor’s responsibility to abide by Section 3 requirements for contracts over $200,000

j. Applicable provisions of the MS-944 Contract

k. Nondiscrimination/Sexual Harrassment Clause

17. ADDITIONAL OBLIGATIONS UPON CONTRACT AWARD: Upon award of the contract but prior to issuance of the notice to proceed, the contractor shall submit all of the following documents, completed as required:

(a) Acceptance of Notice of Award

(b) Contract

(c) Insurance certificate(s) and/or policy(ies)

(d) Performance & Payment bonds

(e) Subcontractor declaration form

(f) (If over $200,000): Section 3 Contractor Responsibilities and Section 3 Labor Hours Reporting

(g) (If over $10,000:) Certification of Bidder Regarding Equal Employment Opportunity

(h) (If over $10,000:) Certification(s) by (all) Proposed Subcontractors Regarding Equal Employment

Opportunity

(i) Certification of Bidder Regarding Section 3 and Segregated Facilities

(j) Certification(s) of (all) Proposed Subcontractor(s) Regarding Section 3 and Segregated Facilities

(k) (If over $100,000:) Certification by Contractor and Subcontractors of Compliance with Clean Air and Water Acts

(l) Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements

(m) (All) Subcontractor's Certification(s) Concerning labor Standards and Prevailing Wage Requirement

(n) BABA Requirements

#5

GENERAL CONTRACT CONDITIONS

ARTICLE 1 - CONTRACT AND CONTRACT DOCUMENTS

A. The project to be constructed pursuant to this contract will be financed with assistance from HUD and is subject to all applicable Federal laws and regulations. This project is also financed with assistance from the Delaware County Greenways Grant and DCNR Grant Programs.

B. All applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

C. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the

Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer.

ARTICLE 2 - PERFORMANCE AND PAYMENT BONDS

Simultaneously with his/her delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. The bond shall be for 100 percent of the contract price. A Payment Bond and Performance Bond are required. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

Under certain conditions, and within the limits of State and local laws and regulations, the Owner may waive the requirement that the Payment and Performance Bond be underwritten by a surety company and may authorize in lieu thereof, a personal bond backed by a letter of credit from a local lending institution for the full value of the Contract.

ARTICLE 3 - WAGE RATES

In the event that the rate of wages paid for any trade or occupant in the locality where such work is being performed are under current collective agreements or understandings between bona fide organizations of labor and employer, then the wages to be paid shall be not less than such agreed wage rates, nor less than the minimum rates compiled by the Federal Labor Standard Provision. A copy of these prevailing rates of wages has been included in these specifications.

Every Contractor and Subcontractor who is subject to this contract shall, as soon as he/she begins performance under his/her contract with the Owner, supply the Owner a schedule of the dates on which he/she is required to pay wages to employees. After construction begins he/she shall also deliver to the prevailing wage coordinator a weekly, a certified copy of his/her payroll which shall exhibit for each employee paid any wages, name, current address, identification number, number of hours worked each day of the pay period and the total for each week, hourly rate of pay, job classification, fringe payments, and deductions from wages. The certification of each payroll shall be executed by the Contractor, Subcon-tractor, or duly appointed agent thereof and shall recite that the payroll is correct and complete and that the wage rate shown is not less than those required by the contract.

ARTICLE 4 - AFFIRMATIVE ACTION

Each bidder, Contractor or Subcontractor (hereinafter the Contractor) must fully comply with Executive Order 11246, as stated in Section 15 of bid document, during the performance of this contract or sub-contract. The Contractor commits itself to the goals for minority manpower utilization in Section 15, as applicable, and all other requirements, terms and conditions of these bid conditions by submitting a properly signed bid.

The Contractor shall appoint a company executive to assume the responsibility of the Implementation of the requirements, terms and conditions of these bid conditions.

ARTICLE 5 - INSURANCE

A. The contractor shall not commence work under this contract until he/she has obtained all the insurance required hereunder and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his/her subcontract until similar insurance required of the Subcontractor has been so obtained and approved. Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder.

B. The Contractor shall file with the Owner all Certificate(s) of Insurance as are necessary to document the insurance coverage required hereunder, subject to the approval of the Owner and receipt of any additional forms/documentation requested, prior to final execution of Agreement Contract and issuance of the Notice to Proceed.

C. Worker's Compensation.

All contractors and subcontractors shall acquire and maintain, during the term of the contract, Worker's Compensation insurance in full compliance with the laws of the State of Pennsylvania.

The contractor shall at all times indemnify and save harmless the Owner from all claims for worker's compensation which may be made by any of the employees of any subcontractor to whom the Contract may have let the performance of any part of the work embraced in this contract, and the Contractor will appear for and defend the Owner against any and all such claims.

D. Contractor's Liability Insurance.

(i) The Contractor shall acquire and maintain during the term of the Contract Bodily

Injury and Property Damage Liability Insurance under a standard Comprehensive General/Automobile Liability Policy which shall provide and include coverage on all Contractor's Operations, Contractor's Protective (Sublet) Liability, Contractual Liability, Completed Operations Liability, Owned Automobiles and Non-owned and Hired Automobiles.

(ii) Property Damage Liability Insurance shall be provided on any demolition, blasting, excavating, shoring or similar operation on an "if any" basis.

(iii) Bodily Injury Liability limits shall be for an amount of no less the Two Hundred and Fifty Thousand ($250,000) Dollars for injuries, including wrongful death to any one person and subject to the same limit for each person, in amount of not less than Five Hundred Thousand ($500,000) Dollars on the account of any one occurrence.

(iv) Property Damage Liability Insurance shall be in an amount of not less than One

Hundred Thousand ($100,000) Dollars per occurrence. General Liability shall be extended to provide "Broad Form Property Damage Liability," and in an amount of not less the One Million ($l,000,000) dollars aggregate for damage on account of all occurrences.

(v) Any combination of underlying Comprehensive General/Automobile Liability coverage with Umbrella/Excess Liability coverage which provides no less than One Million ($1,000,000) Dollars Single Limit Bodily Injury & Property Damage Liability Insurance for the Contractor will also be acceptable.

(vi) The owner may adjust the liability limits to coincide with local government procurement policies and practice within the limits of state and local law.

E. Builder's Risk Insurance.

Each Contractor shall maintain insurance to protect himself and the Owner, jointly, from loss incurred by fire, lightning, extended coverage hazards, vandalism, theft, explosion and malicious mischief in the full amount of the Contract and such insurance shall cover all labor and materials connected with the work, including materials delivered to the site but not yet installed.

F. Installation Floater Insurance.

When a Contractor is involved solely in the installation of materials and not in the construction of a building, an Installation Floater is required in lieu of a Builder's Risk Policy with the same general conditions applying as set forth in paragraph E.

G. The Policies as listed above shall all contain the following special provisions:

(i) "The Company agrees that thirty (30) days prior to cancellation or reduction of the insurance afforded by this policy with respect to the Contract involved, written notice will be mailed to Upper Darby Township, 100 Garrett Road, Upper Darby, PA 19081”

(ii) The maintaining of such insurance as outlined herein shall in no way constitute a waiver of legal liability for damage to any adjoining buildings or their contents or the work and property of others on the site beyond the limits of insurance thus maintained. The Contractor shall hold the Owner free and harmless from any injury and damage resulting from the negligent or faulty performance of the Contract by the Contractor or by his/or her Subcontractors.

ARTICLE 6 - PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT (NO. 1978-3)

If any steel products are to be used or supplied in the performance of the contract, only steel products produced in the United States shall be used or supplied in the performance of the contract or any subcontracts thereunder. This provision shall not apply in any case where the head of the public agency, in writing, determines that the type of steel products necessary to the performance of the contract are not produced in the United States in sufficient quantities to meet the requirements of the contract.

(iii) Each Contractor shall hold the Owner harmless from all payments for patents, either as royalty or otherwise, in the use of materials, methods, appliances, etc., that he may be in any way involved in or connected with any part of his work or the work of his Subcontractors.

(iv) Prior to commencement of any work under Contract, the Contractor shall furnish one

(1) copy of Declaration of Insurance as evidence of coverage.

ARTICLE 7 - SAFETY

A. The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He/She will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury, or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

B. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety protection. He/She will notify owners of adjacent utilities when prosecution of the work may affect them.

C. The Contractor shall comply with the safety standards provisions of applicable laws, building and construction codes and the manual of Accident Prevention in Construction published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register" Volume 36, No. 75, Saturday, April 17, 1971.

D. The Contractor shall maintain at his/her office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured at the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

E. Lights, signs and barricades shall be used to maintain traffic and safety for vehicular and pedestrian traffic during the course of this contract in accordance with the specifications.

ARTICLE 8 - PERMITS

The Owner is responsible for obtaining and paying for the following permits: Contractor License and Building Permit. The Contractor is responsible for obtaining and paying for all other necessary permits and Licenses from the proper authorities. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he/she shall promptly notify the Owner in writing. A building permit fee allowance has been added to the bid.

ARTICLE 9 - SUPERVISION

A. The Contractor will supervise and direct the work. He/She will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The Supervisor shall have full authority to act on behalf of the Contractor and communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present and on the site at all times as required to perform adequate supervision and coordination of the work.

B. The Owner and its representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating federal or Local agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof.

C. The Contractor shall submit a proposed program of operation, showing clearly how he/she proposed to conduct the work as to bring about the completion of his/her work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his/her work will be sufficiently advanced to permit the installation of the work under other contracts, and the estimated progress payments due under the Contract.

The work under this contract shall be so scheduled that as structures are completed, they can be placed into useful operation with a minimum of delay. The program shall be subject to the approval of the Owner.

D. All construction as proposed along all City, Township, County, State and Federal roads including storage and stockpiling of materials, is to be conducted within the limits of the public right-of-way.

Bracing, sheeting and shoring shall be used to keep all construction work within the construction limits unless work agreements are secured from the adjacent property Owners. It is the Contractor's responsibility to secure these work agreements, if deemed necessary. Copies of the work agreements shall be delivered to the Engineer and the Owner prior to any work beginning on the effected property.

ARTICLE 10 - CLAIMS AGAINST CONTRACTOR

The Contractor shall indemnify and save the Owner or the owner's agents harmless from all claims growing out of the lawful demands of Subcontractor's laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged or waived. If the Contractor fails to do so the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is fully finished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments in good faith.

ARTICLE 11 - SUBCONTRACTING

A. Neither the Contractor nor the owner shall sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein, or his obligations thereunder.

B. The Contractor shall not sublet, sell, transfer or assign any portion of the contract without consent of the Owner or his/her designated agent. No subcontract, or transfer of contract, shall in any way release the Contractor of his/her liability under the contract and bonds.

C. The Contractor shall not award work to Subcontractor(s) not identified on the Subcontractors

Declaration Form as submitted with bid, without

i) Prior approval of the Owner

ii) Verification by Upper Darby Township of the Subcontractor's current eligibility status

iii) Submission of all certifications as required in the INSTRUCTIONS TO BIDDERS. The Contractor shall be fully responsible to the Owner for the acts and omissions of the subcontractor(s), and of persons, either directly or indirectly employed by them, as he/she is for the acts and omissions of persons directly employed by him/her.

ARTICLE 12 - CHANGE OF WORK

A. The Owner reserves the right to make, at any time during the progress of the work, such increases or decreases in quantities and such alterations in details of work as may be deemed necessary or desirable. Such increases or decreases and alterations shall not invalidate the contract nor release the surety, and the Contractor agrees to perform the work as altered, the same as if it had been a part of the original contract.

B. Authorized alterations in plans or quantities of work involving work not covered by unit prices in the proposal shall be paid for as stipulated in the change order authorizing such work.

C. No changes in work covered by the approved Contract shall be made without having prior written approval of Upper Darby Township.

ARTICLE 13 - TIME

A. The Date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed.

B. The Contractor will proceed with the work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

C. The Contract Time to fully complete the project shall be consecutive calendar days following the date of commencement of work to be specified in a written "Notice to Proceed".

D. If the Contractor shall fail to complete the work within the Contract Time, or extension of time granted by the Owner, the Contractor will pay to the Owner for liquidated damages for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents.

ARTICLE 14 - COMPLETION OF WORK

A. The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one year from the date of Substantial Completion. The Contractor warrants and guarantees for a period of one year from the date of Substantial Completion of the improvement that it is free from all defects due to faulty materials or workmanship, and the Contractor shall promptly make corrections as may be necessary by reason of such defects. The owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make repairs, adjustments, or other work, which may be made necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The contractor shall provide a bond for a minimum of 15% of the cost of improvements for a period of 1-year from project completion.

B. When the work, including that performed by Subcontractors, is completed, the site shall be cleaned of all rubbish and debris caused by the construction. All sheds or other temporary structures, surplus materials, and equipment shall be removed and the project left in a neat and presentable condition.

ARTICLE 15 - TERMINATION

After ten (10) days from delivery of a Written Notice to the Contractor, the Owner may, without cause and without prejudice to any other right or remedy elects to terminate the Contract. In such case the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit, unless such termination was due to the act or conduct of the Contractor.

ARTICLE 16 - PAYMENT

Payment to the Contractor shall be made by Upper Darby Township upon receiving invoice from contractor and inspection of work completed. The Owner's representative and the project engineer shall certify on the pay request that the completed work has been approved prior to the submission of the invoice.

Retainage to be held should be reflected by the engineer/architect on the contractor’s original invoice. A turn-around time of 3-4 weeks is expected before said funds are forwarded to the contractor.

It is important that the progress schedule be based on achievable goals, and that the Contractor makes every effort to meet target dates. Upper Darby Township may hold the pay request, or a portion of the pay request, in cases where the Contractor is found to be in violation of any of the terms and conditions in this contract, e.g. federal labor standards compliance, until such violations are corrected.

ARTICLE 17 - SECTION 3 EMPLOYMENT

Under the Upper Darby Township Section 3 Plan, contractors and subcontractors with contracts $200,000 or over of federal housing and community development financial assistance must make their best efforts to provide employment and training opportunities, award contracts and subcontracts to employees and business concerns that meet the definitions of Section 3 and meet safe harbor benchmark goals.

Contractors and subcontractors will have met benchmark goals by employing 25% or more of their total labor hours with Section 3 workers and 5% or more of total labor hours with Targeted Section 3 workers.

Any contractor that does not meet Section 3 benchmark goals must demonstrate why meeting the benchmarks were not feasible and advise if they have met one of the qualitative efforts supplied by Upper Darby Township.

Every Contractor and Subcontractor who is subject to this contract shall submit with this contract or prior to construction starting, the Section 3 Contractor Responsibility form and Section 3 Labor Hours Reporting form, so that labor hours can be tracked in conjunction with weekly payroll submissions as described in Article 3. At project completion, Contractor shall submit the Section 3 Closeout Reporting form indicating that he/she made best efforts to meet Section 3 compliance.

ARTICLE 18 - LIVE UTILITIES AND OTHER PROPERTY

The contractor shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms conditions and agreements of said contract.

If disconnections of underground utility services are required to be made in public thoroughfares, the Contractor shall comply with all local requirements and regulations respecting the barricade of streets, the removal and restoration of pavement, and other pertinent matters.

ARTICLE 19 - HOLD HARMLESS

The contractor shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Local Public Agency, with or without notice to the Surety, and he shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the Local Public Agency from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Local Public Agency all outlay and expense which the Local Public Agency may incur in making good any default.

SUPPLEMENTAL GENERAL CONDITIONS

1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA

Following are the Plans, Specifications, and Addenda which form a part of this contract, as set forth in Article I of the General Contract Conditions, "Contract and Contract Documents".

Drawings: Number Date Construction Plans 5 Sheets September 2025 Specifications: Page

Addenda: Number Date

2. STATED ALLOWANCES: Not Included

3. SPECIAL HAZARDS: Not Included

4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND PROPERTY DAMAGE

INSURANCE

As required under Article 5 of General Contract conditions, the Contractor's Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than Five Hundred Thousand $500,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than One-Million $1,000,000.00 Dollars on account of one accident, and Contractor's Property Damage Insurance in an amount not less than Five Hundred Thousand $500,000.00_.

The Contractor shall either (1) require each of his/her subcontractors to procure and to maintain during the life of his/her subcontract, Subcontractor's Public Liability and Property Damage of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his/her subcontractors in his/her own policy.

5. PHOTOGRAPHS OF PROJECT

The Contractor will furnish photographs in the number, type, and stage as enumerated below:

The Contractor and Engineer shall please forward any photographs taken during the project to the Upper Darby Township.

6. SCHEDULE OF FEDERAL OCCUPATIONAL CLASSIFICATIONS AND DAVIS-BACON MINIMUM HOURLY WAGE

RATES

Given on pages Section 24.

7. BUILDER'S RISK INSURANCE

The Contractor will not maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portions of the project for the benefit of the Owner, the Contractor, and all subcontractors, as their interests may appear.

8. LABOR COMPLIANCE

Contractor must comply with the Federal Occupational Safety and Health Act of 1970 (OSHA).

9. OR EQUAL CLAUSE

Unless otherwise specifically provided for in the Detail Specifications, all workmanship, equipment, materials, and other items incorporated in the Work shall be new and the best grade of the respective kinds for their purpose. Where equipment, materials, other items, or workmanship are referred to in the Detail Specifications as "Equal To" any particular standard, the Engineer in its sole discretion shall decide the question of equality. The Contractor shall furnish to the ENGINEER for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, which the Contractor contemplates installing, together with full information as to type, performance characteristics, and all other pertinent information as may be required, and shall likewise submit for approval as required full information concerning all other materials or articles which the Contractor proposes to incorporate in the Work.

Machinery, mechanical and other equipment, materials and/or any other items installed or used without such prior written approval shall be at the risk of subsequent rejections, in which case they shall be replaced by the Contractor at its sole cost and expense. Materials specified by reference to the number or symbol of a specific standard, such as an A.S.T.M. Specification, a Federal Specification or other similar standard, shall comply with requirements in the latest revision thereof, and any amendment or supplement thereto, in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in such reference.

The standards referred to, except as modified in the Detail Specifications, shall have full force and effect as though set forth therein. The Owner may require the Contractor to dismiss from the Work such employee or employees as the Owner or the Engineer may deem incompetent, careless, or insubordinate.

10. SPECIAL CONDITIONS - ADA

Contractors must adhere to Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973; PA Act 235 of 1965, as amended, Universal Accessibility Act, and Americans with Disabilities Act (ADA) of 1990, as amended

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BID FOR UNIT PRICE CONTRACTS

Place Online Via PennBid and 100 Garrett Road, Upper Darby, PA 19082 Date October 7, 2025, 4:00 PM, Prevailing Time

Proposal of (hereinafter called "Bidder")* a corporation, organized and existing under the laws of the State of ,** a partnership, or an individual doing business as .

To Upper Darby Township (hereinafter called "Owner")

Ladies and Gentlemen:

The Bidder, in compliance with your invitation for bids for the CDBG Project #50-15-24, Golf Road Parking Lot having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or after a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 135 consecutive calendar days for the Base Bid thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ 250 for each consecutive calendar day thereafter as hereinafter provided in Article 13-D of the General Conditions.

Bidder acknowledges receipt of the following addendum:

CDBG Project # 50-15-24

GOLF ROAD PAKING LOT

Upper Darby Township

Bidder agrees to perform all the work described in the specifications and shown on the plans, for the following unit prices:

Base Bid

Item No.

Est. Qty. Description Unit Price (Each) Total

1 1 LS

Mobilization (Max 2.5% of the Total Amount Bid Up to $5,000) ________________ ________________

Dollars & Cents Dollars & Cents

2 1 LS

Maintenance and Protection of Pedestrian and Vehicular ________________ ________________

Dollars & Cents Dollars & Cents

3 1 LS

Soil Erosion and Sediment Control Measures ________________ ________________

Dollars & Cents Dollars & Cents

4 1 LS Site Clearing and Earthwork ________________ ________________ Dollars & Cents Dollars & Cents

5 1 LS Topsoil, Seed, Fertilize and Straw Mulch ________________ ________________ Dollars & Cents Dollars & Cents

6 160 LF Extended Concrete Curb ________________ ________________ Dollars & Cents Dollars & Cents

7 380 LF Plain Cement Concrete Curb ________________ ________________ Dollars & Cents Dollars & Cents

8 100 SY

Asphalt Milling, 1-1/2” Depth, Millings to Be Retained By Contractor ________________ ________________

Dollars & Cents Dollars & Cents

9 1,760 SY

Superpave Asphalt Mixture Design, Wearing Course, PG 64-22, 3.0 to 10 Million ESALS, 9.5MM Mix, 1-1/2” Thick…