2-SUPERPAVE SPECIAL CONDITIONS 2026.docx
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- Attached to
- 2026 Superpave Road Program State and local contract opportunity
- Solicitation number
- Not on record
- Issued by
- Chester County, Pennsylvania
About this file
Superpave Resurfacing Program Special Conditions
This document contains special conditions for the 2026 Superpave Pavement Project PW2026-02, a public works construction contract administered by Tredyffrin Township in Pennsylvania. The project involves roadway paving and pavement markings across two locations: the primary roadway area requiring 96,284 square yards of milling, 4,816 square yards of Type 1 base repair, 580 tons of leveling course, and 8,940 tons of 9.5mm Superpave; and the Municipal Complex requiring 5,684 square yards of milling, 150 square yards of Type 1 base repair, 142 tons of leveling course, and 490 tons of 9.5mm Superpave. All quantities are approximate and for informational purposes. Sealed bids will be accepted online through PennBid until May 7, 2026, at 10:00 A.M., with public opening and reading at the Valley Meeting Room of Tredyffrin Township Building, 1100 DuPortail Road, Berwyn, Pennsylvania 19312. A pre-bid conference will be held as indicated in the Invitation to Bidders. Each bid must be accompanied by a certified check or bid bond equal to 10 percent of the bid price. No bid may be withdrawn within five days of the bid opening date. The contract includes a performance bond requirement of 100 percent of the contract value and a maintenance bond equal to 25 percent of the final contract price, continuing for two years after written completion and acceptance. The work constitutes a public works project under the Pennsylvania Prevailing Wage Act, requiring contractors to pay prevailing minimum wage rates as promulgated by the Pennsylvania Secretary of Labor.
The contractor must obtain and maintain comprehensive insurance coverage throughout the construction period, including workers' compensation insurance meeting Pennsylvania statutory minimums, public liability insurance with limits ranging from $500,000 to $1,000,000 depending on coverage type, vehicle liability insurance, all-risk insurance with completed operations coverage for two years after final payment, and owner protective coverage naming the Township and its officers and agents. Performance and labor and materials bonds must be in amounts equal to 100 percent of the contract and continue for two years after final payment. The contractor must comply with the Contract Work Hours Standards Act, paying overtime according to applicable minimum wage laws and adhering to eight-hour daily and 40-hour weekly work limits. Additional requirements include compliance with the Pennsylvania Human Relations Act regarding nondiscrimination in employment, adherence to Occupational Safety and Health Administration (OSHA) regulations, and compliance with Pennsylvania Department of Transportation specifications and approvals. The Township reserves the right to reject any and all bids and to waive any bidding informalities.
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Other files for this state and local contract opportunity
| File | Type | Posted |
|---|---|---|
| 3-2026 Add Alt Street List.docx | DOCX document | |
| 4-2026 Tredyffrin Township Main Street List.docx | DOCX document | |
| 1-Wage Rates 2026.pdf | ||
| 9-Streets Resurfacing Map 2026.pdf | ||
| 7-E-verify Form 2026.pdf | ||
| 6-2026 Insurance and Non- Collushion and Background forms (REQUIRED).docx | DOCX document | |
| 8-MS-944 2026 Superpave Tredyffrin.xlsx | XLSX spreadsheet | |
| 5-General Project Conditions 2026.docx | DOCX document | |
| 11-2026 Newspaper Add.docx | DOCX document | |
| 10-INVITATION FOR BIDS 2026.docx | DOCX document | |
| 2-EEO Certification.pdf | ||
| 1-Library Janitorial Bid Packet 2026 PW (1).docx | DOCX document |
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Text version
Special Conditions
SPECIAL CONDITIONS
Superpave Resurfacing Program
SPECIAL CONDITIONS
1. CONTRACT SECURITY
The Contractor shall furnish a surety bond in an amount equal to one hundred percent (100%) of the Contract for faithful PERFORMANCE and a separate surety bond in an amount equal to one hundred percent (100%) of the Contract for the payment of LABOR AND MATERIALS. Work shall not commence under this Contract until each of the above bonds have been obtained. The PERFORMANCE and LABOR AND MATERIALS bonds are to continue in effect for a period of Two (2) year after final payment.
A separate MAINTENANCE bond in an amount equal to twenty five percent (25%) of the final contract price, including all extra work, will be submitted upon completion of all work along with the Contractor’s Release and the request for final payment. The MAINTENANCE bond is to continue for a period of two (2) years after the date of written completion, approval and acceptance of the entire work by the Township.
All bonds must be executed by a corporate surety satisfactory to the Township, and each set of bonds executed must include a Power of Attorney and the latest statement of assets and liabilities with an authorized signature from that company. Should any surety upon such bonds become unsatisfactory to the Township, the Contractor must promptly furnish such additional security as may be required from time to time to protect the interests of the Township.
Only bonds from companies licensed to do business in the State of Pennsylvania will be accepted and the bond shall so state the same.
2. CONTRACTOR’S INSURANCE
The Contractor shall not commence work under this Contract until all insurance required in the following paragraphs has been obtained and approved by the Township; nor shall the Contractor permit any Subcontractor to commence work on the subcontract until all similar insurance required of the Subcontractor has been so obtained and approved.
The Contractor shall maintain, during the entire construction period, sufficient multi-peril liability insurance to hold the Township harmless from any liability or breach of contract, or other agreement arising from the undertaking of this project.
The Contractor shall either require each Subcontractor to procure and maintain during the life of the subcontract, insurance of the type and in the same amounts as specified; or insure the activities of the Subcontractors in the Contractor’s own policy.
A 30-Day Notice of Cancellation must be provided to the Township and be so indicated on the Certificate for all policies.
Five (5) original copies of all certificates must be provided.
Umbrella Policies shall spell out the primary coverage to which the excess coverage will apply.
Only Certificates of Insurance from companies licensed to do business in Pennsylvania will be approved.
All Contractors, Subcontractors and Suppliers are required to procure and maintain the following insurance coverage’s:
| (a) | Workers’ Compensation Insurance |
| The Contractor, subcontractor, or supplier must maintain Workers’ Compensation insurance for employees during the life of the Contract. The insurance must meet or exceed the minimum statutory limits and coverage’s applicable in the Commonwealth of Pennsylvania. | |
| (b) | Public Liability |
| The Contractor, Subcontractor, or supplier must maintain Public Liability insurance for the life of the Contract. This insurance must protect the Contractor, Subcontractor and the Township against injury or damage caused directly or indirectly by the Contractor or an employee. The insurance must carry the following limits: |
| Contractor/Supplier | Bodily Injury | Each Person | $500,000 | |||||
| Subcontractor’s | Bodily Injury | Each Occurrence | $1,000,000 | |||||
| Products/Completed | Each Occurrence | $1,000,000 | Property Damage | Each Occurrence | $1,000,000 | |||
| Operations | Each Occurrence | $1,000,000 |
| Broad Contractual Coverage | Personal Injury | Each Person | $500,000 | |
| Each Occurrence | $1,000,000 | |||
| Underground Explosion |
Special Conditions
| Coverage (see paragraph 3) | ||
| (c) | Vehicle: | |
| The Contractor or supplier must maintain, for the full life of the Contract, Liability insurance for all vehicles operating on public property at the following units: |
| Bodily Injury | Each Person | $500,000 |
| Each Occurrence $1,000,000 | ||
| Property Damage Each Occurrence $1,000,000 |
| (d) | All Risk |
| The Contractor shall be responsible for any damage to the facility under construction until it is turned over to the Township in its entirety. |
The comprehensive general liability insurance shall include completed operation insurance. The Contractor shall maintain the completed operation insurance for two (2) years after continuation at final payment.
3. SPECIAL INSURANCE
| (a) | Underground and Blasting Insurance |
| 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. Limits shall be the same as required under Public Liability and Property Damage herein before specified. Blasting insurance is only necessary only if blasting is required on the project. |
| (b) | Owner Protective Coverage’s | |
| The 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 in the amount of $500,000 per person and $1,000,000 per occurrence, naming: | ||
| (1) the Township, its officers, agents, and employees, and | ||
| (2) the Engineers | ||
| as insured. Said separate policy shall provide coverage to the Township 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; and said policy shall provide coverage to the full limit of liability stated in the declarations. If the Township and its officers, agents and employees or the Engineer have other insurance against the loss covered by said policy, that other insurance shall be excess insurance only. |
4. NIGHT, HOLIDAY AND WEEKEND WORK
When required by the Contract and/or upon prior specific permission of the Township, the Contractor shall be permitted to perform work at night and/or on weekends and holidays.
5. CONTRACT STANDARDS ACT
The following stipulations are hereby included in each contract subject to the Contract Work Hours Standards Act:
| (a) | Overtime Requirements |
| Payment for overtime hours will be in accordance with applicable minimum wage laws. All requirements of that act for more than 8 hours worked per day and more than 40 hours worked per week will be met. |
| (b) | Violation, Liability for Unpaid Wages and Liquidated Damages |
| In the event of any violation of the clause set forth in paragraph (a), the Contractor and any Subcontractor responsible therefore shall be liable to any affected employee for unpaid wages. In addition, such Contractor or Subcontractor shall be liable to the United States of America for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight (8) hours or in excess of forty (40) hours in a work week without payment of the overtime wages required by paragraph (a). |
| (c) | Withholding for Unpaid Wages and Liquidated Damages |
| The local public agency may withhold from any monies payable for work performed by the Contractor or Subcontractor the full amount of wages required by the Contract and such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for liquidated damages as provided in paragraph (b). |
| (d) | Insertion of Paragraphs in Subcontracts |
| The Contractor agrees to insert the foregoing paragraphs (a), (b), (c), and this paragraph (d) in all subcontracts. |
6. RATES OF WAGES
When indicated herein the Contractor and any Subcontractor shall fully comply with the applicable Wage Rate Decisions of the United States Department of Labor or the Commonwealth of Pennsylvania Department of Labor and Industry. This information is included as part of the bid package.
Special Conditions
7. REGULATIONS OF THE PENNSYLVANIA HUMAN RELATIONS COMMISSION
| (a) | Nondiscrimination Provisions |
| The Contractor agrees to comply with the provisions of the Pennsylvania Human Relations Act in providing equal employment opportunities in connection with all work performed at the job site pursuant to this Contract. Therefore, the Contractor agrees to the following provisions. |
| Provision 1. |
| The Contractor will not discriminate nor permit discrimination by agents, servants, or employees against any employee or applicant for employment with regard to hiring, tenure of employment, promotion, terms, conditions or privileges of employment at the job site covered by this Contract, because of race, color, religion, age, or national origin, and will take such affirmative action as is hereinafter set forth to prevent same. |
| Provision 2. |
| The Contractor will, in all publications or advertisements for employees to work at the job site covered by this Contract, placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, age or national origin. |
| Provision 3. |
| The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Pennsylvania Human Relations Commission, advising the said labor union or worker’s representative of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. |
| Provision 4. |
| The Contractor shall supply the contracting agency of the State with a periodic report, called a “Compliance Report”, relating to work performed at the job site under this Contract as may be required by the Pennsylvania Human Relations |
Commission. The Commission shall at all times have access to the employment records of said Contractor for purposes of investigation to ascertain compliance with the Commission, relating to discrimination.
| Provision 5. |
| Compliance by the Contractor with Provisions 1, 2 and 3 of this paragraph shall discharge the Contractor from discriminatory provisions of this agreement. |
| (b) | The Liability of the Subcontractor |
| Any Subcontractors of the Contractor under Provision 5 above shall have the same responsibilities and obligations as the Contractor to comply with Provisions 1, 2, 3 and 4 hereof and shall be subject to the applicable penalties for failure to comply as hereinafter set forth in Paragraph C. |
| (c) | Penalties for Failure to Comply |
| It is hereby agreed that the failure to comply with the foregoing requirements shall constitute a substantial breach of this Contract. |
In the event that the Pennsylvania Human Relations Commission, after investigation and hearing, if it is so determined that the Contractor or Subcontractor, as the case may be, has failed to comply with any of Provisions 1, 2, 3 and 4, hereof, the Commission, in addition to issuing any order it deems appropriate pursuant to Section 9 of the Pennsylvania Human Relations Act, shall certify such findings to the Township, with a recommendation for termination of the Contractor or the Subcontractor, as the case may be, or with a recommendation that such Contractor or Subcontractor be declared ineligible for any further public works contracts or subcontracts for a period of not more than two (2) years from the date of such recommendation.
Should the Township adopt the recommendation to terminate the Contract, written notice of this fact shall be given to the Contractor by registered mail addressed to the Contractor’s registered office, in which event all obligations on the part of the Township to perform this Contract shall cease, save only the obligation to pay the Contractor the sums due, including any retained amount, for all articles delivered or work done, or for all articles or equipment for which the Contractor may be liable, to the date of such termination.
Should the Township adopt the recommendation to direct the Contractor to terminate a subcontract entered into the Contractor under this Contract, written notice of this fact shall be given to the Contractor to terminate such subcontract pursuant to said written notice? Should the Township adopt the recommendation to declare the Contractor or Subcontractor, as the case may be, ineligible for further public works contracts or subcontracts, written notice of this fact and of the duration of such period of ineligibility shall be given to the Contractor or Subcontractor by registered mail addressed to the Contractor’s or Subcontractor’s registered office.
From the order of the Pennsylvania Human Relations Commission, the Contractor or Subcontractor, as the case may be, shall have a right of appeal as in other cases provided by law, and the Township shall not act upon the recommendation of the Commission specified above until the Contractor or Subcontractor has exhausted the right of appeal provided by law, or the time for such appeal has expired.
8. SAFETY AND HEALTH REGULATIONS (OSHA)
The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54). All work must be in compliance with State and Federal Occupational Health and Safety Regulations.
9. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
All work will be done in accordance of the applicable Pennsylvania Department of Transportation Publication.
All contractors must be approved for the required work by the Pennsylvania Department of Transportation.
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