SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

BROOKHAVEN BOROUGH

2026 STREET RESURFACING IMPROVEMENTS

FOR

BROOKHAVEN BOROUGH

2 CAMBRIDGE ROAD, SUITE 100

BROOKHAVEN, PA 19015

BID OPENING

MARCH 31, 2026

10:00 AM

CATANIA ENGINEERING ASSOCIATES, INC.

CONSULTING ENGINEERS

520 W. MAC DADE BOULEVARD

MILMONT PARK, PA 19033-3311

FEBRUARY 2026

FILE No. 82850-104-26

000102-1

SECTION 000102

TABLE OF CONTENTS

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDDERS

INSTRUCTIONS TO BIDDERS

BID SECURITY FORMS…

BID AND CONTRACT FORMS…

FORM OF PROPOSAL (PA DOT)

ANTI-COLLUSION AFFIDAVIT

PERFORMANCE BOND…

PAYMENT BOND

WORKER’S COMPENSATION AFFIDAVIT

BIDDER’S QUALIFICATIONS

MAINTENANCE BOND

PUBLIC WORKS EMPLOYMENT VERIFICATION

GENERAL REQUIREMENTS

SPECIAL CONDITIONS

PA ONE CALL REQUIREMENTS

PA PREVAILING WAGE RATES

TECHNICAL SPECIFICATIONS

SUMMARY

ALTERNATES

SUBSTITUTION PROCEDURES

CONTRACT MODIFICATION PROCEDURES…………………………………………………… ... 012600

PAYMENT PROCEDURES

CONSTRUCTION PROGRESS DOCUMENTATION

PHOTOGRAPHIC DOCUMENTATION

SUBMITTAL PROCEDURES

TEMPORARY FACILITIES AND CONTROLS

PRODUCT REQUIREMENTS

ASPHALT PAVING

NOTIFICATION TO RESIDENTS

LOCATION MAP & STREET LIST

001113-1

NOTICE TO BIDDERS

BOROUGH OF BROOKHAVEN

Online sealed bids for the 2026 Street Resurfacing Improvements will be received by Brookhaven Borough online via the PennBid Program at https://pennbid.bonfirehub.com until 10:00 AM, on March 31, 2026 bids will be publicly read aloud at the Borough Council Meeting on April 6, 2026 at 7:00 PM.Base Bid items include 10,920 SY of milling, 245 SY of base repair and 1,130 TN of wearing course.

All Bid Documents, Construction Plans and Specifications are available online via the PennBid Program at https://pennbid.bonfirehub.comat no cost to prospective bidders.

The successful bidder, who is awarded the contract, will be required to pay PennBid Program a fee of 1/4 % of the contract award value. There is a minimum award fee of $150.00 and a maximum of $6,000.00. Bidders must confirm the fees associated with bidding through PennBid and the successful bidder is responsible for the fees associated with the awarded bid.

A bid bond in the amount of ten percent (10%) of the total bid, made payable to Brookhaven Borough, must accompany each bid.

Attention of Bidders is called to all of the requirements contained in the bid package, particularly to the PA Prevailing Wage Rates, Public Works Employment Verification, various insurance requirements, various equal opportunity provisions, and the requirements for a payment bond and performance bond for 100% of the contract price and a one-year maintenance bond for 10% of the contract price.

The Borough reserves the right to reject any or all bids, or parts thereof, and to waive any informalities in the bidding as is in the best interest of the Borough.

BY ORDER OF THE BOROUGH COUNCIL

OF BROOKHAVEN BOROUGH

JOHN WILWERT

BOROUGH SECRETARY

https://pennbid.bonfirehub.com/ https://pennbid.bonfirehub.com/

002113-1

SECTION 002113

INSTRUCTIONS TO BIDDERS

1. THE WORK

Milling, base repair, and bituminous overlay, of various streets throughout the Borough of Brookhaven, Delaware County, PA.

2. SECURING DOCUMENTS

Copies of the proposed Contract Documents, upon the conditions set forth in the Invitation to Bid, may be obtained from www.PennBid.BonFireHub.net

BID FORM

In order to receive consideration, make Bids in strict accordance with the following:

A. Make Bids upon the forms provided therefore, properly signed and with all items filled out. Do not change the wording of the Bid form, and do not add words to the Bid form. Unauthorized conditions, limitations, or provisions attached to the Bid will be cause for rejection of the Bid. If alterations by erasure or interlineation are made for any reason, explain over such erasure or interlineation with a signed statement from the Bidder.

B. No telegraphic Bid or telegraphic modification of a Bid will be considered. No Bids received after the time fixed for receiving them will be considered. Late Bids will be returned to the Bidder unopened.

C. Address Bids to the Owner, and deliver to the address given in the Invitation to Bid on or before the day and hour set for opening the Bids. Enclose each Bid in a sealed envelope bearing the title of the work, the name of the Bidder, and the date and hour of the Bid opening. Submit only the original signed copy of the Bid. It is the sole responsibility of the Bidder to see that his Bid is received on time.

3. BONDS

A. Bid security in the amount stated in the Invitation to Bid must accompany each Bid. The successful Bidder's security will be retained until he has signed to Contract and has furnished required Certificates of Insurance.

B. The Owner reserves the right to retain the security of all Bidders until the successful Bidder enters into the Contract or until 30 days after Bid opening, whichever is sooner. Other Bid security will be returned as soon as practicable. If any Bidder refuses to enter into a Contract, the Owner may retain his Bid security as Liquidated Damages but not as a penalty.

C. Prior to signing the Contract, the Owner will require the successful Bidder to secure and post a Labor and Materials Payment Bond and Performance Bond, each in the amount of 100% of the Contract Sum, and each on the form provided therefore in the Project Manual. Such bonds shall be issued by Surety acceptable to the Owner. Costs of such bonds will be paid for by the Contractor. In lieu of the above bonds, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts, equal to 100% of the contract amount, will be acceptable.

D. Upon completion, a one-year maintenance bond in the amount of 10% of final contract price shall be furnished by the contractor.

https://pennbid.bonfirehub.com/portal/?tab=login

002113-2

4. EXAMINATION OF DOCUMENTS AND SITE OF WORK

Before submitting a Bid, each Bidder shall examine the Drawings carefully, shall read the Specifications and all other proposed Contract Documents, and shall visit the site of the Work. Each Bidder shall fully inform himself prior to Bidding as to existing conditions and limitations under which the Work is to be performed, and shall include in his Bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Contract Documents. No allowance will be made to a Bidder because of lack of such examination or knowledge. The submission of a Bid will be considered as conclusive evidence that the Bidder has made such examination.

5. PROOF OF COMPETENCY OF BIDDER

A Bidder will be required to furnish evidence satisfactory to the Owner that he and his proposed subcontractors have sufficient means and experience in the types of work called for to assure completion of Contract in a satisfactory manner.

6. WITHDRAWAL OF BIDS

A. A Bidder may withdraw his Bid, either personally or by written request, at any time prior to the scheduled time for opening of Bids.

B. No Bidder may withdraw his Bid for a period of ninety (90) calendar days after the date set for opening thereof, and Bids shall be subject to acceptance by the Owner during this period.

7. AWARD OR REJECTION OF BIDS

The Contract, if awarded, will be awarded to the responsible Bidder who has proposed the lowest Contract Sum, subject to the Owner's right to reject any or all Bids and to waive informality and irregularity in the Bids and in the Bidding.

8. EXECUTION OF AGREEMENT

A. The Form of Agreement which the successful Bidder will be required to execute is included in the Project Manual.

B. The Bidder to whom the Contract is awarded shall, within fifteen (15) calendar days after notice of award and receipt of Agreement forms from the Owner, sign and deliver copies to the Owner.

C. At or prior to delivery of the signed Agreement, the Bidder to whom the Contract is awarded shall deliver to the Owner those Certificates of Insurance required by the Contract Documents and such Labor and Materials Payment Bonds and Performance Bond as are required by the Owner.

D. Bonds and Certificates of Insurance shall be approved by the Owner before the successful Bidder may proceed with the Work. Failure or refusal to provide Bonds or Certificates of Insurance in a form satisfactory to the Owner shall subject the successful Bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

9. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

A. If any person contemplating submitting a Bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies in or omissions from any part of the proposed Contract Documents, he may submit to the Engineer a written request for interpretation thereof not later than seven (7) days before Bids will be opened. The person submitting the request shall be responsible for its prompt delivery.

B. Interpretation or correction of proposed Contract Documents will be made only by Addendum and will be mailed or delivered to each General Contract Bidder of record. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

002113-3

10. CONSTRUCTION TIME AND LIQUIDATED DAMAGES

A. The Agreement shall include a stipulation that the work be completed within thirty (30) consecutive calendar days of receipt of the Owner’s Notice to Proceed.

B. Punch List must be completed within 30 calendar days of receipt.

C. The Agreement will include a stipulation that Liquidated Damages will be established in the amount of Five Hundred Dollars ($500.00) per calendar day for each calendar day after the agreed completion date that the Work is not fully certified by the Engineer as being Substantially Complete as that stage of completion is defined in the conditions of the Contract.

11. NON-COLLUSION AFFIDAVIT

The Non-Collusion Affidavit must be submitted with the Bid proposal or the Bid will be held to be invalid.

12. MATERIAL SAFETY DATA SHEETS

Material Safety Data Sheets must be submitted for respective products, in compliance with Federal Hazard Communication Standard Act (29 CFR 1910, 1200) and various State Right-to-Know Laws.

13. NOTICE OF SPECIAL CONDITIONS

Attention of the bidder is particularly called to those parts of the General conditions and other contract documents and specifications which deal with the following:

A. Insurance Requirements;

B. Requirement for a Payment Bond and Performance Bond for 100% of the Contract price;

C. Requirement that all Subcontractors be approved by the Owner;

D. Time-for-Completion and Liquidated Damages requirements;

E. PA Public Works Employment Verification.

END OF INSTRUCTION TO BIDDERS

004313-2

DOCUMENT 004313

BID SECURITY FORMS

1.1 BID BOND FORM

A. AIA Document A310, "Bid Bond," is the recommended form for a bid bond. A bid bond acceptable to Owner, or other bid security as described in the Instructions to Bidders, is required to be attached to the Bid Form as a supplement.

END OF DOCUMENT 004313

84200-109-9

BID BOND 004313-2

BID FORM SUPPLEMENT

A completed bid bond form is required to be attached to the Bid Form.

BID BOND FORM

AIA Document A310, "Bid Bond," is the recommended form for a bid bond. A bid bond acceptable to

Owner, or other bid security as described in the Instructions to Bidders, is required to be attached to the Bid Form as a supplement.

Copies of AIA standard forms may be obtained from The American Institute of Architects;

www.aia.org/contractdocs/purchase/index.htm; email: docspurchases@aia.org; (800) 942-7732.

END OF DOCUMENT 004313

84200-109-9

BID BOND 004313-1

SECTION 004313

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 ($ ) 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 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) (Name of Partner)

(Business Address)

ATTEST:

(Corporate Principal) (Corporate Surety)

By:

(Business Address)

SEAL

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

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation as Principal in the within bond; and that who signed the said bond on behalf of the Principal was then the of said corporation; that I know his signature, and his signature thereto is genuine;

and that said bond was duly signed, sealed and attested to for an in behalf of said corporation by the authority of its governing body.

(Corporate Seal)

We, the undersigned, will provide as Principal, a Performance and Payment Bond on the form provided, to the Owner in the penal sum of the Principal's bid for .

(Surety)

(Address) Date:

Signed:

(Attorney-in-fact)

006000-1

DOCUMENT 006000

BID AND CONTRACT FORMS

1.1 FORM OF AGREEMENT AND GENERAL CONDITIONS

A. The following form of Owner/Contractor Agreement shall be used for Project:

1. PaDOT Document MS-944: Form of Proposal and Contract

2. PaDOT Document D-7126: Anti-Collusion Affidavit

3. PaDOT Document MS-944-S: Form of Performance Bond

4. PaDOT Document MS-944-S: Form of Payment Bond

5. PaDOT Document: “Accepting Provisions of the Workmen’s Compensation Act” Affidavit

6. Bidder’s Qualification Form

7. Maintenance Bond Form

MS-944 (4-20)

TIME

, on April 7, 2026. PROPOSALS MUST BE MAILED OR OTHERWISE

TIME DELIVERED TO THE ABOVE ADDRESS.

and specifications on file at as well as the supplements complete all work within calendar days.

3 Accompanying this proposal is a certified check or bid bond in the amount of made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirements of the proposal.

B. PROPOSAL OF:

1 The only person interested in the proposal as principal (s) is (are):

2 None of the above persons are employees of the municipality.

3 This proposal is made without collusion with any other person, firm or corporation.

Brookhaven, PA 19015

7:00 PM

The contractor proposes to furnish and deliver all materials ( including Form CS-4171, CERTIFICATE OF COMPLIANCE and/ or CS-4171B DAILY ASPHALT MIXTURE CERTIFICATION ) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and special requirements contained herein and/ or attached hereto and current PennDOT Specifications (Publication 408), except (a) bidders need not be prequalified by PennDOT (Sec.102.01), and (b) Volumetric testing of asphalt paving materials is not required (Sec. 413).

INSTRUCTIONS ON PAGE 4

Bids will be opened and read at approximately

March 31, 2026

10:00 AM

Brookhaven Borough

MUNICIPALITY (NAME & TYPE)

If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed, or as otherwise provided in the special requirements, and will see attachment 1-A

-1-

It is hereby certified as follows:

NAME / ADDRESS OF CONTRACTOR

CONTRACTORS CERTIFICATION

All plans and specifications referred to above and the site of the work have been examined by the contractor. The contractor understands that the quantities indicated herein are approximate and are subject to change as may be required; and that all work is payable on the basis of the unit price listed on the Schedule of Prices. (Attachment 1).

THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS

ADDRESS

A. DEPOSIT OF PROPOSALS.

Sealed Proposals will be received on or before

All envelopes containing Bid proposals shall be clearly marked “Bid Proposal for letting of

PROPOSAL AND CONTRACT

( WHEN EXECUTED )

John Wilwert

SECRETARY

DATE

on the above Letting Date. 2 Cambridge Road, Suite 100

BY: DATE:

TITLE:

DATE:

TITLE:

TITLE:

BY:

TITLE:

BY:

TITLE:

TITLE:

ATTESTED BY:

MUNICIPALITY

BY:

-2-

DATE

Brookhaven Borough

The contractor will comply with all requirements of the laws and implementing regulations of the Commonwealth of Pennsylvania and the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof, and a payment bond, conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, in accordance with the Public Works Contractors’ Bond Law of 1967; and an affidavit accepting the provisions of the Workmen’s Compensation Act of 1915, as amended.

CONTRACTOR

WITNESSED OR ATTESTED BY:

TO BE EXECUTED ONLY IN THE EVENT THE ABOVE PROPOSAL IS ACCEPTED

ACCEPTED ON :

SEAL

County:

SY

SY

TON

SY

TON

SUBTOTAL

EACH MUST BE INCLUDED.

- 3 -

ATTACHMENT 1

TO MS - 944 ( PROPOSAL AND CONTRACT MS - 944 )

Delaware Municipality: Brookhaven Borough

LOCATION OF WORK:

TH

IS

P O

R

TI

O N

T O

B E

C O

M

PL

ET

ED

BY

T

H E

M U

N

IC

IP

AL

IT

Y

Unit

SCHEDULE OF PRICES

*Description

Project Number: 26-23402-001CA

Not Adopted

DESCRIPTION OF WORK:

Item 1 No.

1,130

Mt. Vernon Avenue - Edwards Drive to Brookhaven Road Burke Avenue - Edwards Drive to Brookhaven Road Barlow Avenue - Ridge to End Hillside Avenue - 500 Hillside to Circle Victor Avenue - House # 3455 to House # 235 Charles Avenue - Janney to Washington Alternate: Ridge Boulevard - Barlow to End

Approximate 2 Quantities

Milling and paving and base repair for multiple streets in Brookhaven Borough.

Total

10,920

Milling

BASE BID:

Base Repair Wearing Course

BASE BID TOTAL

ESCALATOR CLAUSE:( if adopted by Municipality.)

4,300

Milling Wearing Course

Unit 5 Price

SUBTOTAL FROM OTHER ATTACHMENTS

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

A-1.2 A-1.1

ALTERNATE 1 BID TOTAL

ALTERNATE:

X Traffic Control and Safety Devices to be provided by the Contractor.

X Delivery tickets for all materials.

CS-4171 Certificate of Compliance and/ or CS-4171B Daily Asphalt Mixture Certification required for all materials.

X five working days prior to start of project.

X

X Roadway to be power broomed by (contractor X municipality )prior to start of project.

X Excess material to be removed by (contractor X municipality .)

X Municipality to inspect project.

X Need Bill of Lading for each shipment of asphalt material per Section 702.1( c ) of Specifications 408.

X Tack Coat required per Section 460, or 413 for superpave, of Specifications 408 and is incidental to paving item unless noted otherwise.

Prime Coat required per Section 461 of Specifications 408.

X Asphalt Seal on all abutting pavement and curbs required.

X Saw cut or Milled Paving Notch required and incidental to paving item unless noted otherwise.

X Scratch/ Leveling Courses to be placed at the discretion of appointed inspector(s).

X Municipality reserves the right to limit work completed.

Taper pavement the last 3 feet to curb.

For FOB Source bids, hauling distance will determine selection of bid award.

Municipality reserves the right to procure material which best suits their requirements after all bids and items are reviewed.

X Incidental Preparation and clean up required. ( Project Construction Materials ) X The municipality reserves the right to make an award on the basis of the aggregate total for all like items on which quotations are received.

X Provide design, which meets Specifications Form 408 to the municipality 5 days prior to start of work.

X Contractor responsible for defects that occur within one year of applications.

Contractor required to review proposed project with Municipality’s Representative prior to bidding.

Oil Samples required from each distributor truck by contractor (1) one quart : A.M. & P.M. and witnessed by municipality and retained by municipality. (Oil samples must be placed in an approved type container that is compatible with oil sample.)

At least three random stone samples to be taken by contractor on project site witnessed by municipality and retained by municipality.

Complete all testing in accordance with Specification Form 408 Section 413 except for superpave volumetric testing.

Notice to Proceed will be the date of Contract acceptance.

X Final Completion Certificate & Notice of Completion required.

Future award of Contract will be based on quality of work as determined by the municipality.

X Contractor, notify all residents of pending work to be performed.

My signature signifies that I have read and understand the above special provisions to this contract, and by being authorized by this company to act as their authorized representative, and on their behalf hereby agree to adhere to any and all of the provisions pertaining to this contract.

Date

Work to be completed in 30 consecutive calendar days. After 30 consecutive calendar days Liquidated damages apply at the rate of $885.00 per calendar day.

Full width pavement with one pass required.

Company Municipality

Contractor's Representative Municipality's Representative Date Brookhaven Borough

Notify the Municipality

(4-20) SPECIAL PROVISIONS TO CONTRACT MS-944 ( Attachment 1-A )

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and subcontractors must comply with all of the following provisions that are marked with an "X".

( Maintenance and Protection of Traffic to comply with current MUTCD, Publication 212 and Publication 213.)

Attachment 2

($ ) dollars

WHEREAS, the above bounden Principal has entered into a contract with the above Municipality, bearing even date herewith, for

It is further provided that any alteration which may be made in the terms of the contractor or its specifications with the express authorizing the same to be done on .

BY

TITLE:

TITLE:

TITLE:

- 1 -

CONTRACTOR

SURETY COMPANY

Attest / Witness:

(DATE OF BOND)

(With Corporate Surety)

Attest / Witness:

IN WITNESS WHEREOF, the said Principal and Surety have duly executed this Bond under Seal, pursuant to due and legal action

NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal, as Contractor, shall in all lawful money to the United States of America, to be paid to the above Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

forebearance being hereby waived.

shall be and remain in full force, virtue and effect.

approval of the Municipality or the Principal to the other, shall not in any way release the Principal and the Surety or either or any of them, to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and shall well and truly, and in a manner satisfactory to the municipality fulfill all obligations as therein set forth, then this Obligation shall be void, but otherwise the same the undertaking of certain obligations as therein set forth.

respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the surety of any such alteration or

PERFORMANCE BONDMS-944-S (7-09)

(NAME OF MUNICIPALITY)

in the full and just sum of

(NAME OF STATE)

are held and firmly bound unto

KNOW ALL MEN BY THESE PRESENTS, That we, as Surety as Principal and a corporation incorporated under the laws of the State of

(SURETY COMPANY)

(NAME AND ADDRESS OF CONTRACTOR)

PLACE

SEAL

HERE

PLACE

HERE

MS-944S

KNOW ALL MEN BY THESE PRESENTS, that we a corporation incorporated under the laws of the State of as SURETY, are held and firmly bond unto the , in the full and just sum of

($ )dollars, lawful money of the United States of America, to be paid to the said or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above municipality hereinafter called Obligee, bearing even date herewith, for the improvement of a certain section of highway or bridge in said Municipality consisting of:

for approximately the sum of: ($ ) dollars.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden PRINCIPAL shall and will promptly pay or cause to be paid in full all sums of money which may be due by contract or otherwise, to any individual, firm, partnership, association or corporation, for all material furnished or labor supplied or performed in the prosecution of the work, whether or not the said for material or labor entered into and became component parts of the work and for rental of the equipment used and services rendered by public utilities in, or in connection with the prosecution of such work, then this obligation to be void, otherwise to remain in full force and effect.

The PRINCIPAL and SURETY, hereby, jointly and severally, agree with the Obligee herein that any individual firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any public utility which has not been paid in full therefor, may sue in assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final for such sum or sums as may be justly due him, them or it, and have execution thereon. Provided, however, that the Obligee shall not be liable for the payment of any costs of expenses of such suit.

RECOVERY by any individual, firm, partnership, association or corporation hereunder shall be subject to the provisions of the “Public Works Contractors’ Bond Law of 1967", Act No. 385, approved December 20, 1967,P.L. 869, which Act shall be incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited.

It is further provided that any alterations which may be made in the terms of the contract or in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving by the Obligee of any extension of time for the performance of the contract or any other forebearance on the part of either the Obligee or the Principal to the other, shall not in any way release the PRINCIPAL and the SURETY or SURETIES of any such alteration, extension of forebearance being hereby waived.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal this ,20 .

WITNESS:

CONTRACTOR

BY:

SURETY COMPANY

TITLE: TITLE:

- 2 -

WITNESS:

day of

PAYMENT BOND Attachment 3 as PRINCIPAL and

PLACE

SEAL

HERE

PLACE

HERE

Attachment 4

State of ) ) ss:

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

Act with .

( TYPE OR PRINT)

BY

day of A.D. 20 .

My Commission Expires

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

- 3 -

CONTRACTOR

SIGNATURE

Sworn to and subscribed before me this

( DATE )

SIGNATURE

(SURETY COMPANY)

D-7126 ( 7-09 )

County

Municipality

Project Number

State of Fed. Project No.

( If Applicable )

The undersigned deponent deposes and says that he is the of the

BY

Sworn to and subscribed before me the undersigned notary public this day of , .

Notary Public

My Commission expires

(Contractor) competitive bidding in connection with such contract.

into any agreement, participated in any collusion, or otherwise taken any action in restraint of free

Company; that he is authorized to make this

Publication 408, as amended and that the said company has not, either directly or indirectly, entered affidavit on behalf of said company in compliance with section 102.06 (e) of Department Specifications, County of

ANTI-COLLUSION AFFIDAVIT

Delaware

26-23402-001CA

Brookhaven Borough

006060-1

SECTION 006060

BIDDER'S QUALIFICATIONS

All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit additional information if he so desires.

1. Name of Bidder:

2. Permanent main office address:

3. When Organized:

4. If a corporation, where incorporated:

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand: Schedule these showing amount of each contract and the appropriate anticipated dates of completion.

7. General character of work performed by your company:

8. Have you ever failed to complete any work awarded to you? If so, where and why.

9. Have you ever defaulted on a contract? If so, where and why.

10. List the more important projects recently completed by your company, stating the approximate cost for each and the month and year completed.

11. List your major equipment available for this contract:

12. List experience in construction work similar in importance to this project:

13. List background and experience of the principal members of your organization, including the officers:

14. List credit available: $

15. List bank references:

16. Will you, upon request, fill out a detailed financial statement and furnish any other information which may be required by the Owner?

17. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Bidder's Qualifications.

Bidder:_ _

By: ___________________________________

Title: ___________________________________________________

Dated this __________ day of _______________________, 20_________.

State of , County of __________________________________________:

____________________________ being duly sworn deposes and says that he is ___________________ of and that the answers to the foregoing questions and all statements therein contained are true and correct.

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

____________________ Notary Public

My commission expires: ________________________________

006070-1

SECTION 006070

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and a corporation, as Surety, are held firmly bound unto as Obligee, in the full and just sum of ($ ) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal entered into a contract with dated for _________________________

WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period, and

WHEREAS, the said contract has been completed, and was approved on .

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one (1) year from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.

Signed and sealed this _____________ day of _________________________, 20 .

Witness:

Principal:

By:

Attorney-in-Fact

006110-1

PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

The Commonwealth of Pennsylvania enacted Act 127 of 2012, known as the Public Works Employment Verification Act (‘the Act’) which requires all public work contractors and subcontractors to utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work projects are authorized to work in the United States.

The Department defines a “Public Work” to be construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of twenty-five thousand dollars ($25,000) but shall not include work performed under a rehabilitation or manpower training program.

The Department of General Services’ Public Works Employment Verification Compliance Program is responsible for the administration, education and enforcement of the Public Works Employment Verification Act 127 of 2012. It provides contractors and subcontractors with educational outreach, conducts investigations when complaints are received and random audits to ensure compliance with the requirements of this Act.

Please direct your questions to the Public Works Employment Verification Compliance Office

Mail: Department of General Services Public Works Employment Verification Compliance Office Room 105 Tent Bldg.

18th & Herr Streets Harrisburg, PA 17125

006110-2

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date:__________________

Business or Organization Name (Employer):__________________________

Address: ____________________________________

City: __________________ State: ________________________ Zip Code: _________________

Contractor Subcontractor ( c h e c k one)

Contracting Public Body Brookhaven Borough

Contract/Project No 82850-104-2026

Project Description: 2026 Brookhaven Borough Road Program

Project Location: Brookhaven Borough, Delaware County, PA

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

010010-1

SECTIONS 010000

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS

The Contract Documents consist of the Notice to Bidders, Instructions to Bidders, Form of Proposal, Articles of Agreement, General Conditions, Special Conditions, the Drawings, and the Specifications, including all modifications thereof incorporated in the documents before their execution. These form the Contract.

The term "Owner" as used herein refers to the Municipality or Party shown in the Notice to Bidders.

The term "Contractor" as used herein refers to the individual, firm, partnership, co-partnership or corporation who is mentioned as such in the agreement and is hereafter treated as of the singular number and masculine gender.

The term "Subcontractor" as used herein includes only those having direct contact with the Contractor and it includes one who furnished material worked to a special design according to the drawings and specifications of this work, but does not include one who furnished material not so worked.

The term "Engineer" as used herein refers to that company or person designated by the Owner or their representative having the work in charge.

The term "Work" of the Contractor or Subcontractor includes labor or materials or both.

The term “Substantial Completion” as herein used refers to that point in time in construction when all streets are resurfaced and sealed and all debris removed from work area.

ARTICLE 2 - EXECUTION, CORRELATION AND INTENT OF DOCUMENTS

The Contract Documents are complementary and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. The Engineer will decide as to the meaning or intent of any portion of the specifications or plans, where the same may be found obscure or in dispute, he shall have the right to correct any errors or omissions therein. All work that may be called for in the specifications and not shown on the plans, or shown on the plans and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both ways; and should any incidental work or material be required which is not denoted in the specifications or plans, either directly or indirectly, but which is nevertheless necessary for proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish all such material as fully as if they were partially delineated or described, and without extra cost to the Owner.

ARTICLE 3 - DRAWINGS

Copies Furnished: Unless otherwise provided for in the Contract Documents, the Engineer will furnish to the Contractor, free of charge, copies of the Contract Drawings and Specifications reasonably necessary for the execution of the work.

Copies of the work: The Contractor shall keep one copy thereof of all drawings and specifications on the work in good order available to the Engineer and his representative.

Ownership of Plans: All drawings and specifications and copies thereof furnished by the Engineer are his property.

They are to be returned to him on request at the completion of the work, prior to the time of final payment.

ARTICLE 4 - CONTRACTOR'S UNDERSTANDING

It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature of and location of the work, the conformation of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work, general and local conditions, and all other matters which can in any way effect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this Contract, shall effect or modify any of the terms or obligations herein contained.

006110-2

ARTICLE 5 - CHANGES IN THE WORK

The Engineer shall have the right to make such alterations in plans or in the character of the work as may be considered necessary or desirable from time to time to complete materially the original plans and specifications, provided such alterations do not change materially the original plans and specifications, and such alterations shall not be considered a waiver of any conditions of the Contract nor to invalidate any of the provisions thereof.

Should such alterations in the plans result in an increase or decrease in the quantity of work to be performed, without change in character, Contractor shall accept payment in full of the Contract unit price for the actual quantities of work done. Should such alterations in the character of the work be productive of increased cost or result in decreased cost to Contractor, a fair and equitable sum therefore shall be agreed upon in writing by Contractor and Engineer and approval by Owner before such work is begun, and shall be added to or deducted from as the case may be, the contract price, where a change involves the omission and addition of similar work, such work omitted shall be deducted from that added before any profit is computed. No allowance will be made for anticipated profits.

ARTICLE 6 - EXTRA WORK

Work and materials of a character for which no price is named in the Agreement shall be considered as extra work which shall be done by the Contractor only upon written order signed by the Engineer, at a price to be previously agreed upon in writing by the Contractor and the Engineer and approved by the Owner.

No bill or claim for extra work or materials shall be allowed or paid unless the doing of such work or furnishing of such extra materials shall have been authorized in writing by the Engineer.

If the Contractor shall proceed with such work after receiving the written authority therefore, as hereinbefore provided, then such extra work shall be controlled by all of the terms and provisions of this Contract, subject to such prices as are agreed upon and fixed by the Engineer and the Owner as hereinbefore provided.

If the Contractor shall fail or decline to perform such extra work as authorized in writing as aforesaid, the Owner may then arrange for the performance of the work in any manner he may see fit, the same as if the Contract had not been executed and the Contractor shall not interfere with such performance of the work, or the Owner may withhold payment of all estimated work until the Contractor's refusal or failure is eliminated. Any such extra cost to the Owner by reason of the Contractor's failure or refusal to perform such extra work shall be deducted from the amount due to Contractor under the terms of Contract.

ARTICLE 7 - FORCE ACCOUNT WORK

All extra work done on a force account basis will be paid for in the following manner:

For all labor, trucks, truck drivers, operators and foreman in direct charge of the specific operation, the Contractor shall receive the current local rate of wage, to be agreed upon in writing before starting such work, for each and every hour that said labor and/or trucks, truck drivers, operators and foremen are actually engaged on such work, to which shall be added an amount equal to 10% of the sum thereof.

For all materials used, the Contractor shall receive the actual cost of such materials including freight charges as shown by original receipted bills, to which cost shall be added a sum equal to 15%.

For any machinery or equipment, except small tools and equipment for which no rental is allowed, which may be deemed necessary or desirable to use, the Engineer, with the approval of the Owner, shall allow the Contractor a reasonable rental price for each and every hour that said machinery or equipment is in use on such work. Such rental price shall include fuel and lubrication and shall be agreed upon in writing by the Contractor and the Engineer and approved by the Owner before such work is begun. No percentages shall be added to such rental price.

The compensation as herein provided shall be received by the Contractor as payment in full for work done on a force account basis, the 15% which is allowed on cost of materials including freight charges being allowed and accepted for which no rental is allowed, overhead expense, including insurance and profit. The Contractor's representative and the Engineer's representative shall compare records of extra work done on a force account basis at the end of each day. All claims for extra work done on a force account basis shall be submitted to the

006110-3

Engineer by the Contractor, upon certified triplicate statements to which shall be attached original receipted bills covering the cost of and freight charges on all materials used in such work. Said statements shall be filed not later than the twentieth day of the month following that in which the work was actually performed and shall include all labor charges, etc., and materials charges insofar as they can be verified. Should the Contractor refuse to prosecute the work as directed or to submit his claim as required, then the Engineer may withhold payment of all estimates until the Contractor's refusal or failure is eliminated.

ARTICLE 8 - EXAMINATION AND APPROVAL

All work and materials shall be at all times subject to the examination of and approval by the Engineer or his duly authorized representatives. The Contractor shall provide reasonable and necessary facilities for such examination. If any work should be covered up without the approval or consent of the Engineer, if required by him, it shall be uncovered for examination at the Contractor's expense.

ARTICLE 9 - DEFECTIVE WORK AND MATERIALS

Defective work and materials may be condemned by the Engineer at any time before the final acceptance of the work. The Contractor shall remove at his own expense any work or material condemned and shall rebuild and replace the same without extra cost. Previous examination will not relieve the Contractor from the responsibility for good work and materials whether overlooked by the Engineer or caused by damage from any source whatsoever.

Failure to conform with the above may be cause to discontinue the work, and Engineer and Owner in his or its discretion may either remedy the work or may have Contract completed by others and charge cost thereof as money paid Contractor.

ARTICLE 10 - MATERIALS, APPLIANCE AND EMPLOYEES

Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of acceptable quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials.

Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, light, power, transportation and other facilities necessary for the execution and prosecution of the work in an acceptable manner and at a satisfactory rate of progress. The equipment used on any portion of the work shall be such that no injury to adjacent property or highways will result from its use.

The Contractor shall employ such superintendent, foremen and workmen as are careful and competent, and the Engineer may demand the dismissal of any person employed by the Contractor in, about or upon the work, who shall be guilty of misconduct or be incompetent or negligent in the due and proper performance of duties, or who neglects or refuses to comply with the directions given, and such person shall not be employed again thereon without the written consent of the Engineer. Should the Contractor continue to employ or again employ such person, the Owner may withhold all estimates which are or may become due, or the Engineer may suspend the work, until such orders are complied with.

The Superintendent shall not be changed except with the consent of the Engineer, unless the superintendent proves to be unsatisfactory to the Contractor and/or ceases to be in his employ. Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor.

Other important directions shall be confirmed in writing to the Contractor. Other directions shall be confirmed on written request in each case.

ARTICLE 11 - ROYALTIES AND PATENTS

Contractor shall pay all royalties and license fees entailed by the use of any patented equipment, materials or methods of construction. He shall defend all suits and claims for infringements of any patent rights and shall save Owner harmless on account thereof, including any costs, council fees or any other expense harmless to which the Owner may be put by reason of his failure to defend such suit or suits.

ARTICLE 12 - SUPERVISION

The Contractor shall give sufficient supervision to the work, using his best skill and attention. He shall carefully study and compare all drawings, specifications and other instructions and shall at once report to the Engineer any error, inconsistency or omission which he may discover, but he shall not be held responsible for their existence or

006110-4 discovery.

ARTICLE 13 - PERMITS, LICENSES AND CERTIFICATES

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. He shall obtain and furnish the Engineer all required certificates for work for which certificates are issued. The Contractor shall pay all State, County, Municipal and Public Utility fees for permits, licenses, taxes, etc.

ARTICLE 14 - POINTS AND INSTRUCTIONS

The Contractor shall not proceed with the work until he has made timely demand…