6-Instructions to Bidders.pdf

West Whiteland Township 2026 Road Paving Program

Instruction to Bidders

A. Bid Submission Requirements (required documents in PennBid forms)

1. Bid Bond Bids must be accompanied by a certified check, bid bond, or irrevocable letter of credit in the amount of 10 percent (10%) of the base bid amount

2. Non-Collusion Affidavit Each bid must be accompanied by a completed, signed, and notarized Non- Collusion Affidavit

3. General Bidder Information Each bid must be accompanied by a complete General Bidder Information form, with all necessary supporting documentation

4. Insurance (see section 6 of Contractor Services Agreement)

5. Worker’s Comp Affidavit

6. Certification Insurance Form

7. List of Subcontractors

The successful bidder is required to submit the Subcontractors form within ten (10) days of the bid award

8. Payment Bond Each bid must be accompanied by proof, from firm qualified to issue bonds in Pennsylvania, that the Contractor will be able to supply a payment bond equal to one hundred percent (100%) of the bid amount for the term of the award within ten (10) days of the bid award

9. Performance Bond

Each bid must be accompanied by proof, from firm qualified to issue bonds in Pennsylvania, that the Contractor will be able to supply a performance bond equal to one hundred percent (100%) of the bid amount for the term of the award within ten (10) days of the bid award

10. W-9 Form The successful bidder is required to execute a W-9 form within ten (10) days of the bid award

11. Public Works Employment Verification Form

12. Prevailing Wage Compliance – Certified payrolls must be supplied for the project

13. Prevailing Wage

14. PennDOT Form MS-944 pages 1 and 2

15. Non-Discrimination/Sexual Harassment Clause

16. Certificate of PennDOT Pre-Qualification

Instructions to Bidders

a. This “Instructions to Bidders” (“ITB”) constitutes only an invitation to submit responsive and responsible bids to West Whiteland Township, County of Chester, Commonwealth of Pennsylvania, herein referred to as the “Township”.

a. Notwithstanding any other provisions of this ITB, the Township reserves the right:

1. To determine, in its sole discretion, whether any aspect of a bid satisfactorily meets the criteria established in this ITB;

2. to request additional information from any bidder to investigate and ascertain the bidder's capability, reliability, and responsibility to perform this Contract;

3. to waive immaterial defects in any bid;

4. to reject any or all bids with or without cause;

5. to reject any bid which does not comply with this ITB;

6. to re-advertise for new bids;

7. to reject any bid which appears to be unbalanced, fraudulent, deceptive, misleading, unfair, not in good faith, or which takes undue advantage of the Township or the Contract; and

8. to take any action which the Township deems appropriate.

b. The Township intends to act and select one bid which, in the sole opinion of the Township Board of Supervisors, is most favorable to the taxpayers of the Township.

c. The procedures set forth in this ITB are for the convenience of the Township only and shall not give rise to any right in any person.

d. If a contract is not awarded for any reason or that this bid is withdrawn for any reason, the Township shall have no liability to any bidder for any costs or expenses incurred or lost profits in connection with these bids or transactions contemplated by this ITB, or otherwise.

e. No bid will be considered from any person, firm, corporation, or affiliate thereof who has breached or defaulted in the performance of any previous contract or agreement made with the West Whiteland Township or who has conclusively shown to have failed to perform satisfactorily such contract or agreement.

b. Bid Documents Bid documents consist of the items enumerated in section A above. Each Item shall be listed as an Exhibit, in alphabetic sequence (e.g., A.1 as “Exhibit A”, A.2 as “Exhibit B”, etc.).

c. Bid Bond Bid bond in the amount of 10 percent (10%) of the Base Bid shall accompany all bid proposals. The required security must be in the form of a certified or bank cashier’s check made payable to the Township, irrevocable letter of credit, or a bid bond issued by a surety licensed to conduct business in the Commonwealth of Pennsylvania and names in the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Account, US Treasury Department. The Bid Security of the successful bidder will be retained until the bidder has executed the agreement and furnished the required Contract Security, whereupon it will be returned; if the bidder fails to execute and deliver the Contract and furnish the required Contract Security within ten (10) days of the Notice of Award, the Township may annul the Notice of Award and the Bid Security of that bidder will be forfeited. The Bid Security of any bidder who the Township believes to have a reasonable chance of receiving the award may be retained by the Township until the earlier of the seventh day after the executed Contract is delivered by the Township to the Contractor and the required Contract Security is furnished or the sixty-first (61) day after the Bid Opening, Bid Security of other bidders will be returned within fourteen (14) days of the Bid.

d. Withdrawal of Bids

Bid Withdrawal; Subject Errors and Omissions Defined.

Pursuant to 73 P.S. § 1602, or any applicable successor statue, a bidder may withdraw its bid from consideration after the bid opening without forfeiture of the certified check, bank cashier's check, surety bid bond or other security filed with the bid (see specifications for exact security required), if the price bid was submitted in good faith, and the bidder submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid; provided, (i) notice of a claim of the right to withdraw such bid is made in writing with the contracting body within two business days after the opening of bids; and (ii) the withdrawal of the bid would not result in the awarding of the contract on another bid of the same bidder, the bidder’s partner, or to a corporation or business venture owned by or in which the bidder has a substantial interest. No bidder who is permitted to withdraw a bid shall supply any material or labor to or perform any subcontract or other work agreement for any person to whom a contract or subcontract is awarded in the performance of the contract for which the withdrawn bid was submitted, without the written approval of the contracting body.

For purposes of this section, the written notice of claim shall provide documentary and factual support for a claim of unintentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid. For purposes of this section, “substantial arithmetical error” is an arithmetical error of 20% of more as compared to the correct arithmetical computation. For purposes of this section, “omission of a substantial quantity of work, labor, material or services” is an omission of 20% or more of the quantity at issue, as compared to the correct quantity.

Waiver Power; Reservation of Rights.

The Township reserves all rights to waive any informality or to waive defects in a bid, as permitted by law. Where specific bidding requirements or specifications are not required by statute, the Township may, in its sole discretion, grant a waiver and accept or cure a non-compliant bid if: (1) the effect of a waiver will not deprive the Township of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements; and (2) a waiver will not adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders.

e. Information and Submission Irregularities

Proposals or bids which contain erasures, alterations, conditional bids, omissions, or irregularities of any kind may be rejected as informal.

f. Addenda Any inquiries regarding this Bid should be submitted via PennBid and made not less than seven (7) days prior to the Bid opening date. Any additional information, deletions, or clarifications will be sent to all potential Bidders, and as such shall become an integral part of the Specifications and subsequent contract.

g. Changes The Township reserves the right to waive, change, add, or delete any terms or conditions of this Bid. The township reserves the right to reject any or all proposal or portions submitted in response to this Bid. All Bids become the property of the Township. The Township reserves the right to use, for its benefit, ideas contained in the proposals submitted. The Township is not liable for any costs or any damages that may be incurred by a Contractor(s) or prospective Contractor(s) in the preparation, formulation, or presentation of a proposal(s). In case of ambiguity or lack of clarity, Township may adopt such interpretations as may be advantageous to Township. The Township may, in its discretion, request Contractors to make an oral presentation to Township and/or it designee(s) in support of their proposals. Upon review of Bid, Township may select the proposal or proposals that, in its judgment, are most advantageous to Township, and thereupon select the Contractor or Contractors with whom to negotiate a contract or contracts. Such determination shall be solely at the discretion of the Township.

h. Quantities It shall be noted that the quantities listed herein are estimates, and as such may either increase or decrease as the needs of the Township dictate. Township will pay for only those services specifically requested and received.

i. Bonds

a. In accordance with the Pennsylvania Codified Statutes, Contractor at its expense, will furnish a performance and payment bond, or performance escrow account, to the Township equaling one hundred percent (100%) of the full amount of this Agreement.

Failure to fully perform the Specifications will result in the forfeiture of these funds to the Township.

b. In accordance with the Pennsylvania Codified Statutes, Contractor at its expense, will furnish a maintenance bond, to the Township equaling fifteen percent (15%) of the final contract price. Failure to fully perform the Specifications will result in the forfeiture of these funds to the Township.

j. Determination The Township shall use the following criteria to determine the lowest responsible and responsive Bidder meeting the Specifications (list not in order of priority):

a. Lowest Cost of base bid plus any Alternates accepted;

b. Proposed methods of servicing the contract;

c. Effectiveness and timeliness of proposed methods of service provision;

d. Contractor qualifications, for both personnel and firm; and

e. Demonstrated ability to effectively perform specifications in Bid.

k. Discrimination The successful bidder agrees to comply with the provisions of the Pennsylvania Human Relations Act and all federal anti-discrimination law in providing equal employment opportunities to those the Contractor, and/or any subcontractor, hires or employs in connection with all work on behalf of the Township. The Contractor will not discriminate nor permit discrimination by its employees or agents, against any employee or applicant for employment on the basis of race, color, gender, sexual orientation, gender identity, religion, age, nation of origin, or any other unlawful basis. The Contractor will supply all compliance reports required by the Pennsylvania Human Relations Commission (PHRC) or other applicable law. Failure to comply with all regulations of the PHRC shall constitute a substantial breach of the Contract and reason for termination upon written notice to the Contractor.

17. General Conditions

a. Payments

a. The contractor shall submit a monthly payment application for services performed the previous month to the Architect. Certified payrolls shall be submitted with payment applications.

b. The Township will process approved invoices for payment within forty-five

(45) days. Payments will be processed in accordance with the Township’s warrant report schedule. Payments are subject to the Architect’s and the Board of Supervisors’ approval.

c. The Township reserves the right to withhold payment to Contractor or to require Contractor to return payments, or parts therefore, received from Township in the event the Contractor’s performance does not comply with the provisions of these Specifications, or does not comply with applicable local, state, or federal standards, regulations, or policies.

d. Contractor agrees to return any unearned amounts paid by Township within thirty (30) days following the final date of said agreement or within thirty (30) days of each notice to Contractor that amounts paid are to be refunded to Township.

e. The Township is exempted from Federal Excise and State Sales Tax;

therefore, tax must not be included in this Bid.

f. Invoices shall be sent directly to:

West Whiteland Township

Finance Department 101 Commerce Drive Exton, Pennsylvania 19341 accountspayable@westwhiteland.org

b. Restriction Regarding Township and its Employees and Agents It is understood that the employees of Township or individuals acting as agents of Township are not authorized to receive any type of personal payment, reimbursement, compensation, commission, gratuity, or gift for services provided under any agreement, or as in relation to the bid process, between Township and Contractor. Contractor warrants that no employee or agent of Township has been or will be retained to solicit or secure any agreement witnessed and that Contractor has not paid or agreed to pay and will not pay or agree to pay any employee of Township any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the making of any agreement with Township or as an inducement for entering into any agreement with Township.

The unauthorized offering or receipt of such payments may result in the immediate termination of any agreement between Township and Contractor.

c. Subcontractors

a. It is the condition of the Contract that the identity of subcontractors and other Persons and organizations be submitted to the Township in advance of the Notice to Proceed. The bidder shall submit to the Township a list of subcontractors and other persons and organizations who are to furnish the principal items of material and equipment. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each subcontractor, person and organization if required by the Township. If the Township, after due investigation, has reasonable objection to any proposed subcontractor, other person or organization, it may, before giving the Notice to Proceed, request the person or organization, it may, before giving the Notice to Proceed, request the apparent low bidder to submit an acceptable substitute without an increase in the bid price. If the apparent low bidder declines to make any such substitution, the bidder will not thereby sacrifice their bid security. Any subcontractor, other person or organization so listed and to whom the Township does not make written objection prior to giving the Notice to Proceed, will be deemed acceptable to the Township.

b. In contracts where the contract price is based on the cost of the work, plus a fee, the Contractor, prior to the Notice to Proceed, must identify in writing to the Township those portions of the work that he proposes to subcontract, and after the Notice to Proceed may only subcontract other portions of the work with the Township’s written consent.

d. Warranty The Contractor shall guarantee the materials, equipment, parts, workmanship, supplied to the Township against all defects (whether in design, material or workmanship) for a period of two

(2) years from the date of accepted delivery. The contractor shall replace all defective parts or assemblies without cost to the Township. In addition, contractors warrant the merchantable quality of the goods sold hereunder, and that such goods shall be fit for the purpose for which they were purchased. The aforementioned warranties are in addition to all express warranties contained in the detailed specifications and elsewhere, and any policy guarantees usually extended to the general public, and shall run to the benefit of the Township, the Township’s employees, agents, and purchasers.

e. Cancellations mailto:accountspayable@westwhiteland.org

Time is of the essence in the contract, and if delivery of goods or rendering of services is not completed in the time promised, the Township reserves the right, without liability, in addition to its other rights or remedies to terminate this contract by notice effective when received by the contractor, as to stated items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge the contractor with any loss incurred. Any provisions herein for delivery of articles or the rendering of services by installation shall not be constituted as making the obligations of the contract severable. Acceptance of any part of the order shall not bind the Township to accept future shipments, nor deprive it of the right to return goods already accepted.

f. Patents

The contractor undertakes and agrees to hold harmless, defend and indemnify the Township and its employees and its Architect and its Consultants at its own expense from and against all suits, actions, or proceedings of any nature and description in which the Township is made a defendant for actual or alleged infringement of any United States or foreign letters patent, trademark, or copyright for or account of the use of patents and appliance, products, or processes or otherwise resulting from the use or sale of items or work purchased under this contract. The contractor further agrees to pay and discharge all judgments or decrees which may be rendered in any suits, action or proceeding.

g. Protection against Loss During delivery and installation of the materials and performance of the work, the Contractor shall take all necessary precautions to prevent damage and to preserve property within or adjacent to the area in which the materials are to be delivered and installed and the work is to be performed. The Contractor shall be responsible for all damage to property so situated. The contractor shall indemnify, defend, and hold harmless the Township and its Architect and its Consultants from suits, actions, damages, and costs of every name and description resulting from the delivery, installation, and assembly of materials and the performance of any work.

18. Special Conditions None.