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PROJECT MANUAL

AND

CONTRACT DOCUMENTS

FOR

VILLAGE AT BERWYN PEDESTRIAN IMPROVEMENTS

EASTTOWN TOWNSHIP

CHESTER COUNTY, PA

JULY 2026

PREPARED FOR:

Easttown Township 566 Beaumont Road

Devon, PA 19333

PREPARED BY:

Carroll Engineering Corporation 433 Lancaster Avenue, Suite 200

Malvern, PA 19355

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PROJECT MANUAL AND CONTRACT DOCUMENTS

FOR

VILLAGE AT BERWYN PEDESTRIAN IMPROVEMENTS

EASTTOWN TOWNSHIP

CHESTER COUNTY, PA

TABLE OF CONTENTS

SECTION PAGES

Advertisement ADV-1

Bidding Requirements and Instructions

Instructions to Bidders IB-1 to 7 Bid Bond (required to bid) BB-1 Non-Collusion Affidavit (required to bid) NCA-1 to 2 Public Works Employment Verification Act & Form (required to bid) EVAF-1 to 2 PennDOT Prequalification Certificate (required to bid) (Bidder to Provide)

Contract Forms

Notice of Intent to Award NOIA-1 to 2 Agreement AG-1 to 5 Payment Bond PB-1 to 2 Performance Bond PFB-1 to 2 Notice to Proceed NTP-1 Maintenance Bond MB-1 to MB-2 Contractors Affidavit of Payment of Debts and Claims AOP-1 Consent of Surety Company to Final Payment CS-1 Contractor's Affidavit of Release of Liens AOR-1 Subcontractor’s Affidavit of Release of Liens SAOR-1 Contractor's Release of Liens RL-1 Certificate of Insurance (sample) COI-1 Application and Certificate for Payment (sample) AP-1 to 2 Weekly Payroll Certification for Public Works Projects (sample) WPC-1 to 2 Notice of Completion NOC-1

Conditions of the Contract

General Conditions GC-1 to 20 Supplementary Conditions SC-1 Prevailing Wage Determination Pages 1 to 7

General Requirements and Technical Provisions

General Requirements GR-1 to 9 Technical Provisions TP-1 to 6

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ADVERTISEMENT

Bids will be received online by Easttown Township via PennBid until 11:00 AM local time on Thursday, July 23, 2026, for the following:

VILLAGE AT BERWYN PEDESTRIAN IMPROVEMENTS

EASTTOWN TOWNSHIP, CHESTER COUNTY, PA

The project consists of concrete curb and sidewalk replacement and installation, associated roadway restoration, driveway adjustments, including excavation, backfill, milling and overlay, pavement markings and signing, drainage adjustments, E&S controls, all labor, equipment, materials, and all associated work listed herein and as indicated on the contract plans. The project will also have an Alternate Bid for property adjustments due to construction. Contractor shall coordinate with the Township on all adjustments including unit prices. The project will have two plan sets: one for Waterloo Avenue (SR2019) extending from Berwyn Avenue to First Avenue (HOP Appl. 40011), and one for Township portions on First Avenue from Waterloo Road to Bridge Avenue and Bridge Avenue from First Avenue to Berwyn Avenue.

A MANDATORY Pre-Bid Meeting will be held at 10:00 AM on Thursday, July 9, 2026, at the Easttown Township Building, 566 Beaumont Road, Devon, PA.

All bid documents and details are available electronically at PennBid – https://pennbid.bonfirehub.com.

Please note that the low bidder is responsible for a fee to PennBid.

Each bid must be accompanied by a Bid Bond in favor of Easttown Township in the amount of ten percent (10%) of the total bid price. Said bond shall be subject to the conditions in the Instructions to Bidders. Bonds must be issued by a surety licensed to do business in the Commonwealth of Pennsylvania.

The work on this project constitutes Public Works by a Public Body under the Pennsylvania Prevailing Wage Act (43 P.S. Sec. 165-1 et seq.). Bidders are advised that workers on this project must be paid the prevailing minimum wage rates promulgated by the Pennsylvania Secretary of Labor.

The project is subject to the Pennsylvania Right-to-Know Law (65 P.S. Sec. 67.101-3104), the Steel Products Procurement Act (73 P.S. Sec. 1881 et seq.), the Trade Practices Act of July 23, 1968, P.L. 686 (71 P.S. Sec. 773.101 et seq.), and the Public Works Employment Verification Act (71 P.S. Sec. 656.1 et seq.).

All Bidders must be PennDOT prequalified as Prime Contractors and in the specific PennDOT Work Class Codes that constitute at least 50% of the project. The project will be constructed in conformance with PennDOT Publication 408 (latest edition) and the project Technical Provisions.

Easttown Township reserves the right to reject any and/or all bids on any basis whatsoever, to eliminate any item or items from the contract, to waive any informality in the bids, and to accept a bid which is in the Township’s judgment in the Township’s best interests, as permitted by law.

DON CURLEY

TOWNSHIP MANAGER

https://urldefense.proofpoint.com/v2/url?u=https-3A__pennbid.bonfirehub.com&d=DwQFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=jBa2AWYdmF4LS5dfbJLLKvMYZPozmtVaA902znGysLw&m=xKtDrsOa167l19WOK7fMt-BaNINY3lIqxbfOsUvUyINCV23CxPDcZ2sW5yUKzG_A&s=PkCkgsQTvAFu9Su5gmMAcjjzYByP2LzkYrlOqYDRc6s&e=

BIDDING REQUIREMENTS

AND

INSTRUCTIONS

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INSTRUCTIONS TO BIDDERS

1. RECEIPT AND OPENING OF BIDS

Bids will be opened at the time and place indicated in the Advertisement for Bids and read aloud publicly. Unofficial bid results will be made available via Public Notice after the opening of Bids via PennBid.

Complete sets of the Contract Documents stated in the Advertisement may be obtained at no cost from PennBid (https://pennbid.bonfirehub.com). Complete sets of Contract Documents must be used in preparing Bids; neither the OWNER nor the engineer assumes any responsibility for errors or misinterpretations resulting from incomplete sets of Contract Documents.

The OWNER may consider non-responsive any bid not prepared and submitted in accordance with the provisions hereto and reserves the right to reject any and/or all bids on any basis whatsoever, to eliminate any item or items from the Contract, to waive any informality in the bids, and to accept a bid which is in the OWNER’s judgment in the OWNER’s best interests, as permitted by law.

Bids submitted must be accompanied by a Bid Bond in favor of Easttown Township, duly executed and sealed by the Bidder as principal and by a surety company, approved by the OWNER in the amount of ten percent (10%) of the total bid amount. Bonds are to be issued by a surety licensed to do business in the Commonwealth of Pennsylvania.

2. MODIFICATION AND WITHDRAWAL OF BIDS

A Bid may be modified or withdrawn via PennBid at any time up to the bid due date and time, or, prior to the exact hour and date set for the opening of bids, if the Bidder’s identity is made known and a receipt for the bid is signed by the OWNER. Except as otherwise provided by law, withdrawals and modifications of bids received after the exact hour and date specified for the opening of bids shall not be considered.

3. PREPARATION OF BIDS

Bidders will be assumed to have carefully examined the Contract Documents for the work, all attached hereto, carefully investigated physical conditions at the site and the character of the work to be done, and inquired fully into the difficulties of construction of the work before preparing their bid. The OWNER will not be responsible for the Bidder's failure to estimate such difficulties and costs properly or for overlooking any of the requirements of the Contract Documents. The Pricing Table is under the “Prepare Your Submission” tab within the Opportunity on PennBid.

4. INTENT OF CONTRACT DOCUMENTS

The intent of the Contract Documents is to obtain a complete job satisfactory to the ENGINEER and the OWNER. It shall be understood that the Bidder has satisfied himself with the full requirements of the Contract Documents and has based his bid upon such understanding. The award of the Contract will require the successful Bidder to supply all labor, supplies, tools, https://pennbid.bonfirehub.com/

(6/2026) 24-8136 (BerwynPedImprv-IB.docx) IB-2 machinery, and equipment as described in the Contract Documents and/or as needed for the services requested and work proposed in the Contract Documents.

Compensation for all work and materials required to complete the Contract shall be considered included in the prices bid for the items listed in the Pricing Table(s).

5. ADDENDA AND INTERPRETATIONS

All questions about the meaning or intent of the Contract Documents are to be submitted via the “Messages / Public Q&A” feature in PennBid. Interpretations or clarifications considered necessary in response to such questions will be issued through PennBid. Additionally, all addenda will be posted in PennBid's “Public Files.” Questions received less than five (5) days before the date for the opening of Bids may not be answered. Only questions answered by the addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. An addendum may be issued to clarify, correct, or change the Contract Documents as deemed advisable by OWNER or ENGINEER. Failure of any bidder to receive any such addenda or interpretations shall not relieve said bidder from any obligations under this bid as submitted. All addenda so issued shall become part of the Contract Documents. Any inconsistency, conflict, or ambiguity within or among any of the Contract Documents shall be resolved in favor of provisions or interpretation thereof that is the most favorable to OWNER, as determined by OWNER, in its sole discretion.

6. DISCLOSURE OF CONTENTS

All proposals/bids and other material submitted become the property of the OWNER and may be returned only at the OWNER’s option. Information contained in the proposals/bids will not be disclosed during the evaluation process. Under Pennsylvania’s Right-to-Know Law (65 P.S.

Sections 67.101-3104) (the “RTKL”), public records are required to be open to reasonable inspection and reproduction. All proposal/bid information, including detailed price and cost information, will be held in confidence during the evaluation process. After the evaluation process, a Notice of Intent to Award is issued, and all proposals/bids will become public information, subject to inspection and reproduction in accordance with the RTKL, unless otherwise exempt under the RTKL. Copies of said public records may be made at the Township Building at a cost to the requesting party of $0.25 per page.

Notwithstanding any terms or conditions contained herein, the Bidder agrees to comply with all Local, State, and Federal laws and regulations. The bidder specifically agrees to produce all documents that may be subject to public disclosure pursuant to the RTKL.

Trade secrets and other proprietary data contained in a proposal may be held confidential if such data meets the definitions of confidential, proprietary information, and/or trade secrets under Section 102 of the RTKL. Material considered confidential by the offeror must be clearly identified, and the offeror must include a brief statement that sets out the reasons for the confidentiality and how this information meets the criteria of Section 102 of the RTKL.

7. CONDITIONS OF WORK

Each bidder must fully understand the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve the successful bidder of his

(6/2026) 24-8136 (BerwynPedImprv-IB.docx) IB-3 obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid.

At the time of the bid opening, each bidder will be presumed to have inspected physical conditions at the site and to have read and be thoroughly familiar with the Contract Documents (including all addenda); the failure or omission of any bidder to receive or examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to his bid.

Where borings, test piles, or existing underground and overhead structure locations are shown, they are for the bidder’s information; their correctness is not guaranteed or warranted by the OWNER, and in no event is this information to be considered part of the Contract. If a bidder uses this information in preparing his bid, he must assume all risks resulting from conditions differing from the approximation shown. Bidders are notified that it is obligatory upon them to obtain by their own means information which they may require as to the existing physical conditions and, in particular, subsurface and groundwater conditions. Bids for excavation are based on unclassified material.

Each Bidder shall assume all risks of conditions and circumstances (regardless of how material) that may affect the cost or manner of providing the services requested and work proposed by the Contract Documents, whether patent or latent, known, unknown, discoverable, undiscoverable, foreseeable, or unforeseeable.

8. TIME FOR COMPLETING WORK AND LIQUIDATED DAMAGES

The time for completion of the work under this Contract shall be ONE HUNDRED TWENTY

(120) calendar days after formal Notice-to-Proceed from the OWNER. All bidders are notified that time is of the essence for this Contract. The successful bidder will be required to prosecute the work to ensure its completion within the above number of calendar days set forth. It is mutually agreed that damages to the OWNER for the failure of the successful bidder to fully complete the work under this Contract on or before the above-stated date shall be TWO HUNDRED DOLLARS ($200.00) for each calendar day after said date that shall elapse before the work is fully completed, which amount shall in no event be considered as a penalty, but as liquidated damages due the OWNER because of said delay. The OWNER may retain the amount thereof from any money which otherwise would be payable hereunder to the successful bidder.

In addition to the above, so that the work may be accomplished in the shortest possible time, the successful bidder, weather permitting, shall be required to have qualified workers with the designated supervisor at work on-site at all times. The Bidder’s personnel shall remain on-site throughout the duration of the successful bidder’s work. The Bidder shall not pull off the project without the OWNER’s express consent. In addition, no change in supervisor shall be permitted without approval from the OWNER. The successful bidder will be required to submit a detailed schedule for the completion of work, subject to the OWNER's review and approval.

9. QUALIFICATIONS OF BIDDERS

All Bidders must be PennDOT prequalified as a PRIME BIDDER and be prequalified in the specific PennDOT Work Class Codes that constitute at least 50% of the project. Bidders are required to submit a copy of the PennDOT Prequalification Certificate with their bid.

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Additionally, any subcontractors performing work on this project must be prequalified for the item(s) for which they are performing work.

10. BID SECURITY

Each bid must be accompanied by a Bid Bond in favor of the OWNER, duly executed and sealed by the Bidder as principal and by a surety company approved by the OWNER in the amount of ten percent (10%) of the total bid amount. Bid Bonds will be covered with the surety of a company authorized to do business in the Commonwealth of Pennsylvania. Bid Bonds provided as surety will not be returned to the bidder after award unless the bidder specifically requests that the OWNER do so.

11. CONTRACT

The bidder to whom the Contract is awarded shall submit all required Bonds and Insurance required by the terms of the Contract Documents to the OWNER within ten (10) days after acceptance of their bid and a Notice of Intent to Award is issued. The time for such submittal may be extended at the OWNER's election and for the OWNER's sole benefit. Failure or refusal of the bidder to do so will be considered an abandonment of the Contract. The security posted with said bid shall be forfeited to and become the property of the OWNER in an amount not to exceed the difference between the amount specified in said bid and such larger amount for which the OWNER may, in good faith, contract with another party to perform the work covered by said bid.

It is expressly understood and agreed by the Bidders that the contractual obligations of the OWNER to the Bidders are effective only after the execution of a contract signed by all parties.

12. BONDS AND INSURANCE

The successful bidder must deliver to the OWNER executed certificates of insurance as stipulated in the Contract Documents and executed bonds as security for the faithful performance of his Contract, for the payment of all persons performing labor or furnishing materials in connection therewith, and for maintenance of the work for the designated period after the OWNER has accepted it.

The Performance and Payment Bonds shall each be one hundred percent (100%) of the Contract Price, and the Maintenance Bond shall be ten percent (10%) of the Contract Price and shall cover a 12-month maintenance period.

All bonds shall be prepared in the form of bonds attached hereto and have as security thereon such surety company or companies as acceptable to the OWNER and authorized to transact business in the Commonwealth of Pennsylvania. Alterations made in terms of the Specifications and/or quantities of work shall in no way violate the bonds.

13. BASIS OF AWARD

The Contract will be awarded based on competitive bidding to the responsible bidder submitting the lowest responsive bid. In the event of any claim by an unsuccessful bidder on this project concerning or relating to the issue of “equal or better” or “or equal”, the successful Bidder agrees, (6/2026) 24-8136 (BerwynPedImprv-IB.docx) IB-5 at its own cost and expense, to defend such claim or claims and agrees to hold OWNER free and harmless from any and all losses and damages arising out of or related to the claim or claims or the transaction.

14. REJECTION OF BIDS

The OWNER reserves the right to reject any or all bids or to accept any bid should it be deemed in its best interest to do so. Bids that are incomplete, conditional, or obscure, or contain additions not called for, erasures, alterations, or irregularities of any kind may be rejected as non-responsive. The right to reject or accept bids shall be solely for the OWNER’s benefit and shall create no right, entitlement, or expectation in any bidder.

15. PROGRESS PAYMENTS

Refer to General Conditions for details on progress payments and retainage.

16. TRADE NAMES

Wherever trade names are used either on the Drawings or in the Specifications, it is understood that such names and designations indicate a type or kind of material and/or equipment. Approved equal in kind, type, and/or quality will be accepted at the OWNER’s discretion. The Bidder shall submit manufacturers' specifications, etc., sufficient for the ENGINEER to determine equivalency of material and/or equipment as directed in the Instructions to Bidders, Article 23.

17. POWER OF ATTORNEY

Attorneys-in-fact who execute contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

18. PERMITS, APPROVALS, AND LICENSES

Each Bidder shall be required to determine the necessity for and obtain all necessary permits, licenses, and approvals from the municipality or other public authorities and shall give all notices required by law or municipal ordinances for this work. The OWNER will assume the charges or fees for any permits issued by the OWNER, but any other fees shall be borne by the Bidder.

19. PROGRESS SCHEDULE

Within seven (7) consecutive calendar days after the award of the Contract to Bidder, the Bidder shall submit a proposed program of operation, showing clearly how he proposes to conduct the work to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress, and the dates when his work will be sufficiently finished to permit the installation of the work under other contracts.

The work under the Contract shall be so scheduled that as structures are completed, they can be placed in use or in operation without delay. The program shall be subject to the OWNER’s approval and shall be updated by the Bidder at any time during the performance of the Contract, should the OWNER determine that the Bidder's actual progress does not correspond to that projected in the then-existing progress schedule.

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20. OTHER CONTRACTS

Bidders are advised that work other than the work covered under their Contract may be in progress at the site of the work during the performance of the work covered by these documents.

Accordingly, bidders are warned that construction activities at the site must be coordinated to avoid interference. UNDER NO CIRCUMSTANCES SHALL THE OWNER OR ENGINEER

BE HELD RESPONSIBLE TO THE BIDDER FOR DELAYS OR EXTRA WORK

OCCASIONED BY INTERFERENCE OF OTHER BIDDERS.

21. ESTIMATED QUANTITIES

The quantities given in the Pricing Table(s), if any, are approximate only, being given as a basis for the uniform comparison of bids, and the OWNER does not expressly or by implication warrant that the actual amount of work will correspond therewith.

22. SAFETY

It shall be the single and sole responsibility of the Bidder to ensure that its activities comply with applicable safety requirements. Neither the ENGINEER nor the OWNER shall owe any duty under the Contract or otherwise to the Bidder or its agents, employees, or guests to inspect the work or otherwise ensure compliance by the Bidder with applicable safety requirements. No increases in the contract price or extensions in contract completion time shall be given by the OWNER as the consequence of the Bidder's failure to comply.

23. PRODUCT SPECIFICATIONS

The Contract, if awarded, will be based on materials and equipment specified or described in the Contract Documents without consideration of possible substitutes or “or-equal” items.

Whenever it is specified or described in the Contract Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by the Bidder if acceptable to the OWNER, application for such acceptance will not be considered until after the Contract is awarded. The OWNER reserves the right to reject any unspecified product or products submitted that require changes in design, construction, or other changes that may increase the contract price for the performance of the work. The substitute or “or-equal” product submitted by the Bidder shall meet the Specifications requirements and shall, in all respects, be equal to the products specified by name herein. The OWNER shall be the sole judge as to the equality of the proposed alternate product.

24. SUPPLEMENTARY CONDITIONS

The bidder's attention is directed to the Supplementary Conditions of these Specifications.

Supplementary Conditions amend and supplement portions of the General Conditions as required for this project.

25. EMPLOYMENT VERIFICATION ACT

The PA Public Works Employment Verification Act (71 P.S. Sections 656.1 et seq.) will apply to this Contract. This Act requires public works bidders and subcontractors to verify employment eligibility through the E-Verify Program of the U.S. Department of Homeland

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Security as a precondition to the award of a public works contract, and at certain times during the duration of such contract, and provides for the powers and duties of the Department of General Services. The Commonwealth Public Works Employment Verification Form must be submitted to the OWNER with each bid.

26. PAST PERFORMANCE

Any bidder who has demonstrated poor performance during either a current or previous agreement with the OWNER may be considered an unqualified source, and their bid may be rejected. The OWNER reserves the right to exercise this option as deemed proper and/or necessary.

27. ACCESS TO ACCOUNTING RECORDS

The Bidder shall check all materials, equipment, and labor entering the Work and keep such full and detailed accounts as necessary for proper financial management under this Agreement. The system shall be satisfactory to the OWNER. The OWNER or its representative shall be afforded access to all the Bidder’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this contract, and the Bidder shall preserve all such records for three years, or for such longer period as may be required by law, after the final payment.

28. ASSIGNMENT OF REFUND RIGHTS

OWNER is exempt from Pennsylvania state sales and use taxes on certain materials and equipment to be incorporated in the work. The successful bidder will be provided with a copy of the owner’s tax-exempt certificate. Said taxes shall not be included in the Bid. The Bidder agrees to assign and transfer all its rights to sales and use tax to the OWNER, which may be refunded due to a refund claim, or materials purchased in connection with the Contract. The Bidder further agrees that it will not file a claim for a refund for any sales or use tax that is the subject of the Contract.

29. CONTRACTS WITH SUBCONTRACTORS

The Bidder agrees to include the “Access to Accounting Records” and “Assignments of Refund Rights” paragraphs, in full, in any contracts with subcontractors.

30. REQUIRED ATTACHMENTS TO BID

The following documents must be uploaded as attachments to the bid submitted via PennBID:

Bid Bond (BB). If the bid bond is provided, a financial statement of the surety company, a certified copy of the Power of Attorney of the person who signed the bond, and an officer-signed certificate of the surety company that they will provide the required bonds if the bidder is awarded the Contract.

Non-Collusion Affidavit (NCA) PennDOT Prequalification Certificate (PPQ) Public Works Employment Verification Form (EVAF)

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BID BOND

KNOW ALL MEN by these presents that we, the undersigned ______________________________ ______________ as Principal, and _______________________________ as Surety, are at this moment held and firmly bound unto Easttown Township, 566 Beaumont Road, Devon, PA 19333 as Owner, in the sum of ten percent (10%) of the total contract bid price; _________________________________ _________________ (written) ($ ) (figures) for the payment of which, well and truly to be made, we at this moment jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

Signed this day of , 20 .

The Condition of the above obligation is such that whereas the Principal has submitted to __________ ___________ a certain Bid, attached hereto and at this moment made a part hereof, to enter into a contract in writing for the:

NOW, THEREFORE:

A) If said Bid shall be rejected or in the alternate, B) If said Bid shall be accepted, and the Principal shall execute and deliver a contract in the Form of the Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect; it is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, at this moment, stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does at this moment waive notice of any such extension.

IN WITNESS OF WHICH, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

(PRINCIPAL)

(SURETY)

BY: ___________________________________________

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INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Anti-Bid-Rigging Act, 73 P.S. 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the bidder’s member, officer, or employee, who makes the final decision on prices and the amount quoted in the bid.

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

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "complementary bid", as used in the Affidavit, has the meaning commonly associated with that term in the bidding process and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of the bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions will disqualify the bid.

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NON-COLLUSION AFFIDAVIT

State of :

:s.s.

County of :

I state I am __________________ of ______________________________________, and I am authorized (Title) (Name of My Firm) to make this affidavit for my firm and its owners, directors, and officers. I am the person in my firm responsible for the price(s) and the amount of this bid.

I state:

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

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

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

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

5. _____________________________, its affiliates, subsidiaries, officers, directors, and employees are (Name of My Firm) not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state ____________________________________________________ understands and acknowledges the (Name of My Firm) above representations are material and important and will be relied on by Easttown Township in awarding the contract(s) for which this bid is submitted. I understand, and my firm understands, that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Township of the true facts relating to the submission of bids for this contract.

(Name and Company Position)

Subscribed and sworn to me this ___ day of ____________, 20__.

Notary Public:

My Commission Expires:

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PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

In accordance with the Act of July 5, 2012 (P.L. 1086, No. 127), known as the “Public Works Employment Verification Act” (43 P.S. 167.1 et. seq.), CONTRACTORS and subcontractors (if any) shall verify employment eligibility. An employee is an individual hired by a CONTRACTOR or a subcontractor for whom the CONTRACTOR or subcontractor is legally required to file a Form W-2 with the Internal Revenue Service. The Act does not apply to material suppliers for projects.

CONTRACTOR and subcontractors shall participate in EVP and shall, subject to the requirements of Federal law governing the use of EVP, use EVP to verify the employment eligibility of each new employee (EVP is the E-Verify Program operated by the Department of Homeland Security that electronically verifies employment eligibility for employees). The Department of General Services of the Commonwealth shall post information on its publicly accessible Internet website regarding federal law requirements governing the use of EVP. In conducting the verification required, CONTRACTOR and subcontractors shall not discriminate against an employee based on race, ethnicity, color, or national origin.

As a precondition of being awarded a contract for Public Work, as defined in the Pennsylvania Prevailing Wage Act, 43 P.S. 165.1 et. seq.; or with respect to such a contract that was awarded before the effective date identified in Section 20 of the Act but has not yet been executed, before the execution of the contract, CONTRACTOR shall provide OWNER with a verification form described in Subsection (c) of Section 4, acknowledging its responsibilities under and its compliance with Section 3 of the Act. Contracts between CONTRACTORS and subcontractors shall contain information about the requirements of the Act.

Before commencing work on a public works project, subcontractor(s) shall provide the OWNER with a verification form described in Subsection (c) of Section 4 of the Act acknowledging the subcontractor’s responsibilities and compliance with Section 3 of the Act. Contracts between a subcontractor and its subcontractors shall contain information about the requirements of the Act.

The verification required by Section 4 of the Act shall be in a form prescribed by the Secretary of General Services of the Commonwealth, shall be posted on the Internet, and shall comply with the following additional requirements:

(1) The statement shall include a certification that the information in the statement is true and correct and that the individual signing the statement understands the submission of false or misleading information in connection with the verification shall subject the individual and the CONTRACTOR or subcontractor, as the case may be, to sanctions provided by law.

(2) The statement shall be signed by a representative of the CONTRACTOR or subcontractor, as applicable, who has sufficient knowledge and authority to make the representations and certifications contained in the statement.

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

Contracting Public Body _______________________________________________________________

Contract/Project No ________________________________________________________________

Project Description ____________________________________________________________________

Project Location ______________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act

(‘the Act’) through utilization of the federal E‐Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

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

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

Authorized Representative Signature

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PENNDOT PREQUALIFICATION CERTIFICATE

(Bidder to Provide)

CONTRACT FORMS

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NOTICE OF INTENT TO AWARD

Dated:

TO: (BIDDER)

ADDRESS:

CONTRACT FOR: Village at Berwyn Pedestrian Improvements

Easttown Township, Chester County

You are notified that your Bid dated _____________, 20__ for the above Contract has been considered.

You are the apparent successful bidder and have been awarded the above-referenced contract.

The Price of your awarded Contract is _________________________________________________

One (1) copy of each proposed Contract Document requiring your signature accompanies this Notice of Intent to Award. Please be advised that all copies of the enclosed Contract Documents must be executed appropriately and require original signatures and seal (where applicable).

You must comply with the following conditions within ten (10) calendar days of receipt of this Notice of Intent to Award; that is, by _______________, 20__.

1. You must deliver to the ENGINEER one (1) executed copy of the Agreement and all relevant cover sheets of each Contract Document. These copies shall be delivered via email to dpowers@carrollengineering.com.

2. You must deliver the Contract Security (Bonds) with the executed Contract Documents as specified in the General and Supplementary Conditions. Blank copies of bond forms are included for your convenience.

3. You must deliver one (1) copy of your Certificate of Insurance with the executed Contract

Documents. Insurance requirements are as outlined in the General and Supplementary Conditions. A sample certificate is included for your convenience.

4. Other conditions precedent:

a. Execution of the Agreement by the OWNER is subject to the CONTRACTOR’S compliance with the applicable parts of the Contract Documents.

b. Commencement of Work by the CONTRACTOR is governed by issuing a Notice to

Proceed.

mailto:dpowers@carrollengineering.com

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c. The Instructions to Bidders and the Specifications provide that the CONTRACTOR submits the following items within certain times following the Notice of Intent to Award:

1) A preliminary schedule of values is to be submitted within ten (10) days of the Notice of Intent to Award.

2) The submittal review schedule will be submitted within ten (10) days of the Notice of Intent to Award.

3) Preconstruction photography will be submitted within ten (10) days of the Notice of

Intent to Award, all for ENGINEER’s review and acceptance.

4) Listing of any proposed Subcontractor(s) to be submitted within ten (10) days of the Notice of Intent to Award.

Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, annul this Notice of Intent to Award, and declare your Bid Security forfeited.

Within ten (10) days of your compliance with these conditions, the OWNER will return to you one (1) fully signed counterpart of the Agreement with the Contract Documents.

(OWNER)

Agent for OWNER (AUTHORIZED SIGNATURE):

Carroll Engineering Corporation

BY:

TITLE:

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AGREEMENT

THIS AGREEMENT made this ___ day of ____________, 20__, by and between Easttown Township, 566 Beaumont Road, Devon, PA 19333, from now on “OWNER,” and _____________ _______________________, from now on “CONTRACTOR.” The OWNER and the CONTRACTOR, in consideration of the mutual promises contained in this Agreement and intending to be legally bound, agree as follows:

GENERAL PROVISIONS:

The CONTRACTOR shall:

(a) have charge of and be responsible for the entire work for which he has contracted until its completion and acceptance by the OWNER;

(b) be held liable for any defects that may appear in the material he has furnished or in his work for

ONE (1) YEAR after final acceptance by the OWNER;

(c) be solely liable for any damage occasioned by his work to the property of the OWNER and others, and

(d) upon conclusion, clean up the ground worked over.

RESPONSIBILITIES OF CONTRACTOR:

The CONTRACTOR agrees to pay for all materials furnished and services rendered for the performance of the Contract and any person or corporation furnishing materials or rendering services to the CONTRACTOR as though such person or corporation were expressly named herein, provided the action is brought within ONE (1) YEAR after the time and cause of the action accrued.

The CONTRACTOR shall defend, indemnify, and save harmless the OWNER and Engineer, their officers, employees, and agents from and against any and all claims, demands, suits, judgments, costs, and expenses of any kind arising out of the work to be performed hereunder and resulting in any injury (including death) to any person or damage to any property (including loss of use) caused by any act or failure to act by the CONTRACTOR, its officers, employees, agents, or guests.

It is also agreed and understood that acceptance of final payment by the CONTRACTOR shall be considered a release in full of any claim against the OWNER out of, or by reason of, the work done and materials furnished under this Contract.

The CONTRACTOR shall cooperate with the OWNER to carry on the work without interrupting any service to the public.

BONDS AND INSURANCE CERTIFICATES:

The Contract will not become effective until the OWNER has received satisfactory Performance and material Payment Bonds executed by responsible surety companies licensed to do business in the

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Commonwealth of Pennsylvania and acceptable to the OWNER, together with Certificates of Insurance in respect of the insurance required by these Specifications under policies issued by companies authorized to do business in the Commonwealth of Pennsylvania and acceptable to the OWNER.

FAILURE TO SUPPLY PROOF OF INSURANCE SHALL CONSTITUTE A MATERIAL BREACH

OF THIS AGREEMENT. Remedies for such material breach include termination of the Agreement by the Township and/or the withholding of payments by the Township until such time that the material breach is cured.

APPLICABLE LAW:

This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of law’s provisions) and the decisions of the Pennsylvania courts. The Supplier consents to the venue and jurisdiction of the Court of Common Pleas of Northampton County in Pennsylvania, waiving any claim or defense that such forum is not convenient or proper. The Supplier agrees that any such court shall have in-person jurisdiction over it and consents to service of process in any manner authorized by Pennsylvania law.

INTEGRATION:

The Agreement, including all referenced documents and attachments, constitutes the entire agreement between the parties. No agent, representative, employee, or officer of either the Township or Supplier has the authority to make or had made any statement, agreement, or representation, oral or written, in connection with the Agreement, which in any way can be deemed to modify, add to, or detract from, or otherwise change or alter its terms and conditions unless otherwise explicitly stated within the agreement. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Agreement. No modifications, changes, or waivers to the Agreement or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties. All such amendments will be made pursuant to the terms of the Agreement or using the appropriate Township form.

RIGHT TO KNOW LAW:

A. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104 (“RTKL”) applies to this

Agreement.

B. If the Township needs the Supplier’s assistance in any matter arising out of the RTKL related to this Agreement, it shall notify the Supplier using the legal contact information provided in this Agreement. The Supplier, at any time, may designate a different contact for such purposes upon reasonable prior written notice to the Township.

C. Upon written notification from the Township that it requires the Supplier’s assistance in responding to a request under the RTKL for information related to this Agreement that may be in the Supplier’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), the Supplier shall:

1) Provide the Township within TEN (10) calendar days after receipt of written notification, access to, and copies of, any document or information in the Supplier’s possession arising

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2) Provide such other assistance as the Township may reasonably request to comply with the RTKL with respect to this Agreement.

D. If the Supplier considers the Requested Information to include a request for a Trade Secret or

Confidential Proprietary Information, as those terms are defined by the RTKL or other information that the Supplier considers exempt from production under the RTKL, the Supplier must notify the Township and provide; within SEVEN (7) calendar days of receiving the written notification, a redacted copy of such document along with a written statement signed by a representative of the supplier explaining why the requested material is exempt from public disclosure under the RTKL.

E. The Township will rely upon the written statement from the Supplier in denying an RTKL request for the Requested Information unless the Township determines the Requested Information is clearly not protected from disclosure under the RTKL. Should the Township determine the Requested Information is clearly not exempt from disclosure, the Supplier should provide the Requested Information within five business days of receipt of written notification of the Township’s determination.

F. If the Supplier fails to provide the Requested Information within the time period required by these provisions, the Supplier shall indemnify, defend, and hold the Township harmless for any damages, penalties, costs, detriment, or harm the Township may incur as a result of the Supplier’s failure, including any statutory damages assessed against the Township.

G. The Supplier shall have the obligation to request participation and defend the decision issued by the Northampton County Office of Open Records in any appeal to the Pennsylvania Office of Open Records and subsequent appeal regarding documents of the Supplier.

H. The Supplier’s duties relating to RTKL are continuing obligations that survive the expiration of this Agreement and shall continue as long as the Supplier has Requested Information in its possession.

STARTING AND PROSECUTION OF WORK:

The Bidder agrees to begin the work within SEVEN (7) calendar days after receipt of the Notice to Proceed and to prosecute it expeditiously to a conclusion, using an adequate number of competent men, suitable equipment, and machinery at all times, and working each working day that weather conditions permit. In the event the work is not completed within ONE HUNDRED TWENTY (120) calendar days after receipt of formal notice from the Engineer, from now on referred to as start work, the OWNER may retain as liquidated damages for delay only, TWO HUNDRED DOLLARS ($200.00) for each day from the expiration of such period to and including the day of completion.

In addition to the above, so that the work may be accomplished in the shortest possible time, the successful bidder, weather permitting, shall be required to have qualified workers with the designated supervisor at work on-site at all times. The CONTRACTOR’s personnel shall remain on-site throughout the successful bidder’s work. At no time shall the CONTRACTOR pull off the project without the OWNER’s express consent. In addition, no change in the supervisor shall be permitted without approval from the OWNER. The successful bidder will be required to submit a detailed schedule for the completion of work, subject to the OWNER's review and approval.

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WORK INCLUDED IN THE CONTRACT:

The Contract shall consist of furnishing all labor, superintendence, materials, equipment, tools, and other facilities, and all things necessary and proper for the performance of the work as shown on the Contract Drawings and as described in these Specifications (prepared by the Engineer) and the Advertisement for Bid.

CONTRACT DOCUMENTS:

The Contract Documents consist of this Agreement, the General and Supplementary Conditions of the Contract, the Contract Plan(s), the Specifications, all Addenda issued before bidding, and all modifications issued after execution of this Agreement.