7-260615 Bid Documents for P26005.pdf

Published 6/15/2026

BID AND CONTRACT DOCUMENTS

FOR

Memorial Park Access Improvements

PENNDEL BOROUGH

BUCKS COUNTY, PENNSYLVANIA

June 2026

Prepared For:

Prepared by

1578 State Road 1-888-346-8673 Coopersburg PA 18036 ww.value.engineering

PB 26005

Memorial Park Access Improvements Bid Packet i

Table of Contents INVITATION TO BID ....................................................................................................... v

INSTRUCTIONS TO BIDDERS

1. GENERAL

2. PROJECT DESCRIPTION

3. RECEIPT AND OPENING OF BIDS

4. WITHDRAWAL OF BIDS

5. QUALIFICATIONS OF BIDDERS

6. PREPARATION OF BIDS

7. ALTERNATIVE BIDS OR BID OPTIONS

8. PRE-BID MEETING

9. INSPECTION OF SITE

10. INTENT OF CONTRACT DOCUMENTS

11. ADDENDA AND INTERPRETATIONS

12. INSURANCE REQUIREMENTS

13. CONDITIONS OF WORK

14. TIME FOR COMPLETING WORK AND LIQUIDATED DAMAGES

15. BID SECURITY

16. COLLUSIVE AGREEMENTS

17. CONTRACT EXECUTION

18. PAYMENT AND PERFORMANCE BONDS

19. MAINTENANCE BOND

20. AWARD OF CONTRACT

21. REJECTION OF BIDS

22. PROGRESS PAYMENTS

23. TRADE NAMES

24. POWER OF ATTORNEY

25. PERMITS AND COMPLIANCE WITH LOCAL LAWS

26. OTHER CONTRACTS

27. DISCREPANCIES IN BID

28. ESTIMATED QUANTITIES

29. UNIT PRICES

ii

30. QUANTITY VARIATIONS

31. SAFETY REQUIREMENTS

32. WAGES AND SALARIES

33. AMERICANS WITH DISABILITIES ACT

34. CHANGES

35. TERMINATION

36. ASSIGNABILITY

37. STEEL PRODUCTS PROCUREMENT ACT

38. TRADE PRACTICES ACT

39. E-VERIFY

40. ANTI-POLLUTION REGULATIONS

41. LOBBYING CERTIFICATION

42. BUILD AMERICA, BUY AMERICA (BABA)

43. PRE-CONSTRUCTION MEETING

44. PROGRESS SCHEDULE

46. BID PACKET

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS

BID BOND

AFFIDAVIT ACCEPTING PROVISIONS OF THE WORKMEN'S COMPENSATION

ACT

BIDDER’S ACKNOWLEDGEMENT FORM

VERIFICATION OF CONTRACTOR ELIGIBILITY AND

TITLE 49, CODE OF FEDERAL REGULATION, PART 29 DEBARMENT AND

SUSPENSION CERTIFICATION

Contract Language Requirements Standard Federal Equal Employment Opportunity Construction Contract Specifications

HUD 4010 and ACKNOWLEDGEMENT

NON-COLLUSION AFFIDAVIT

Anti-Lobbying Amendment Certification

Certification of Bidder Regarding Non-Segregated Facilities

False Claims Act, 31 U.S.C. §§ 3729-3733

Contractor’s Certification on Federal Contract Requirements

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

iii

BUY AMERICA PROGRAM BIDDER CERTIFICATION FORM

CONTRACTOR'S QUALIFICATION STATEMENT

CERTIFICATE OF INSURANCE

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

CONTRACT

GENERAL PROVISIONS:

RESPONSIBILITIES OF CONTRACTOR:

BONDS AND INSURANCE CERTIFICATES:

STARTING AND PROSECUTION OF WORK:

WORK INCLUDED IN THE CONTRACT:

CONTRACT DOCUMENTS:

MATERIALS TO BE FURNISHED BY THE OWNER:

WORK DONE BY THE OWNER:

MANUFACTURER CERTIFICATION:

PROHIBITION OF DISCRIMINATION:

PAYMENTS:

CHANGES IN THE WORK:

MISCELLANEOUS

SCHEDULE OF BID ITEMS:

PERFORMANCE BOND

PAYMENT BOND

AFFIRMATIVE ACTION PLAN

LOBBYING FOR CONTRACTS, GRANTS AND LOANS

CONTRACTOR'S and SUBCONTRACTOR’S QUESTIONNAIRE

Davis-Bacon and Related Acts (DBRA) Policies Acknowledgement Form

BUILD AMERICA, BUY AMERICA ACT (BABAA) SELF-CERTIFICATION

MAINTENANCE BOND

CONSENT OF SURETY COMPANY

CONTRACTOR'S AFFIDAVIT

CONTRACTOR'S RELEASE OF LIENS

GENERAL PROVISIONS - PART I

1. Standard Specifications iv

2. Project Funding

3. Contractor's Understanding

4. Authority of Engineer

5. Payment of Labor and Materials

6. Control of Materials

7. Maintenance and Protection of Pedestrian Traffic During Construction ... 92

8. Existing Utilities

9. Description of Work

10. Conduct of Work

11. Advance Notice of Engineer

12. Survey

13. Pre-Construction Meeting

14. Superintendence by Contractor

15. Clean Up and Restoration

16. Minimize Damage Outside Work Zone

17. Restoration of Vegetated Areas

18. Storage of Equipment and Materials

19. Subletting of Work

20. Release of Liens and Consent of Surety

21. Use of Premises

22. Inspection

23. Samples, Certificates, Shop Drawings, and Tests

24. Work Hours

25. Payroll Certification

TECHNICAL SPECIFICATIONS

SECTION 6244 – CHAIN LINK FENCE

SECTION 4130 – SUPERPAVE ASPHALT MIXTURE

Wage Determination v

INVITATION TO BID

Penndel Borough (PB) is seeking sealed bids online via PennBid™ (https://pennbid.bonfirehub.com) for Construction of Memorial Park Access Improvements. Plans, Bid Packet, Contract Documents, and other information for bidders may be obtained from PennBid. Inquiries regarding this contract must be uploaded to PennBid by 5 PM on July 16, 2026.

All Bid Documents and solicitation details are available at PennBid. PennBID assesses a fee of up to 0.33% of the bid amount (up to $6,000) only to bidders who are awarded contracts.

Bids must be submitted online via PennBid no later than July 23, 2026 at 1:00 PM. Bids will be opened and read aloud on Thursday, July 23, 2026 at 1:15 PM at Penndel Borough Hall, 300 Bellevue Avenue, Penndel Pennsylvania. Award to the lowest responsible Bidder is anticipated on August 3, 2026 at a scheduled 7:30 PM Borough Council meeting.

Bids must be made on the forms furnished within PennBid. Each Bid shall be submitted in accordance with the Instructions to Bidders and the Instructions for Submitting Electronic Bids set forth in the Bid Packet, including, but not limited to, a Bid Bond (issued by a surety licensed to conduct business in Pennsylvania), Bank Money Order, or Certified Check for not less than ten percent (10%) of the Bid amount payable to PB; an Agreement of Surety certifying that the required Performance, Payment, and Maintenance Bonds will be provided by the Successful Bidder to PB upon the awarding of the Bid; and proof of insurance as required by the Contract Documents. The Successful Bidder will be required to furnish Performance and Payment Bonds in the amount of 100% of the Contract Price.

The Bidder's attention is called to the fact that the project is receiving funds under Title I of the Housing and Community Development Act of 1974, as amended and that the Davis-Bacon Act applies to this Contract. The successful Bidder shall pay no less than the Federal Wage Rates determined for the project area as set forth in the Contract Documents. The successful Bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex or national origin. The completion of all CDBG Non- Discrimination Documents must also be submitted at the time of the bid. Consistent with other Federal programs, CDBG requires various Federal laws, regulations, and guidelines the successful bidder and their subcontractors must comply with including but not limited to: Title VII of the Civil Right Act of 1964, as amended, and Executive Order 11246; 29 CFR Parts 1, 3, 5, 6, and 7 Davis-Bacon Act; The Copeland (Anti-Kickback) Act; 40 U.S.C. 327-333 Contract Work Hours and Safety Standards Act; 24 CFR Part 75 Section3, Build America, Buy America Act (BABA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58, 13) OMB’s Memorandum M-24-02; Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, 14) U.S. Housing and Urban Development CPD Notice 23-12; CPD Implementation Guidance for the Build America, Buy America Act’s domestic content procurement preference as part of the Infrastructure Investment and Jobs Act and others that may be appropriate or necessary.

The entire project is subject to Federal prevailing wages. Prospective bidders should not submit their bids until 10 days prior to the bid opening date.

https://pennbid.bonfirehub.com/ vi

In accordance with 24 CFR 24, no award of federal funds may be made to debarred or suspended applicants, or those proposed to be debarred or suspended from doing business with the Federal Government. Award of Contract, if a Contract be awarded, will be to the lowest responsible bidder. Penndel Borough reserves the unqualified right to reject any or all bids and to waive any informalities or irregularities in the bidding, when, in the opinion of the Borough, such rejections or waivers are to its interest or advantage.

A pre-bid meeting is to be conducted at Penndel Borough Hall at 11 AM on July 9, 2026. This pre-bid meeting will be open to all bidders, and all information given at this meeting will be considered part of the Bid Packet, via addendum, and is to be included in the bids.

PB reserves the right to reject any or all bids for any cause whatsoever, to eliminate any item or items from the contract, to waive any informality or irregularity in the bids, and exercise its judgement as to the comparative merit of the products and services offered. Award of the Contract, if awarded, will be to the lowest responsible and responsive bidder for the Base Bid and selected Options. Bids may be held by PB for a period not to exceed sixty (60) days from the date of the opening for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding of the Contract. PB does not discriminate on the basis of race, color, religion, sex or national origin.

Geoff Thompson, Manager

Penndel Borough

INSTRUCTIONS TO BIDDERS

1. GENERAL

a. The bid proposal must be typewritten or printed.

b. If more than one proposal on any project is submitted by any individual, firm or partnership, corporation or association under the same or different names, only one lowest proposal will be considered.

c. Wherever the word "Owner" is used in these Contract Documents, it shall be understood to mean PENNDEL BOROUGH.

d. Whenever the word "Engineer" is used in these Contract Documents, it shall be understood to mean Value Engineering, Inc.

e. The Borough reserves the right to increase, decrease, or eliminate the items and/or quantities in the bid proposal in order to adjust the contract scope in accordance with available funding.

f. Defined Terms. Terms used in the Bid Packet shall have the following meanings:

(1) Bidder: The individual or entity who submits a Bid directly to the Owner.

(2) Contract Price: The amount the Owner shall pay the Contractor for completion of the Work in accordance with the Contract Documents as described in current funds and equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item as set forth on the Contractor’s Bid Form which forms the basis of the Owner’s award of the Contact to the Contractor.

(3) Project: Memorial Park Access Improvements Project as more fully described in the Bid Packet.

(4) Successful Bidder or Contractor: The lowest responsible Bidder submitting a responsive Bid to whom the Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

(5) Work: All of the activities needed to be undertaken by the Contractor, including, but not limited to, planning, preparation, and installation/construction, to properly and fully complete the Project as described in and in full compliance with the Contractor Documents.

2. PROJECT DESCRIPTION

The purpose of the project is to improve accessibility along the frontage of Memorial Park in Penndel Borough, Bucks County. This project consists of the following work:

Scope of Work:

A. Implement traffic control and pedestrian protection as required.

B. Install/replace cement concrete curb where indicated.

C. Remove existing signs from fence and store for later installation.

D. Remove and dispose of existing chain link fence where indicated.

E. Remove and dispose of concrete sidewalk and asphalt entrance drive where indicated.

F. Place aggregate base.

G. Install 8” thick wire reinforced driveway access, as indicated.

H. Install 4” thick cement concrete sidewalk, ramps, and cheek walls where indicated.

I. Install 4-foot high black vinyl-coated chain link fence as indicated.

J. Install 16-foot hinged gate, and 12-foot rolling gate as indicated.

K. Install two 6-foot rolling gates and one 6-foot hinged gate (if awarded).

L. Restore asphalt surfaces along new curbing and inside north entrance consisting of o 6 inches aggregate o 5 inches 25 mm base and o 1½ inches 9.5mm wearing course.

M. Patch asphalt gaps resulting from sidewalk form removal with 2” wearing course.

N. Fill soil gap from sidewalk form removal with topsoil, seed and mulch to establish vegetation.

O. Seal All joints.

P. Place Sod where indicated.

Q. Re-install signs on fence.

R. Place pavement markings.

Construction activity shall be staged to ensure vehicular and pedestrian access to the park is available at the conclusion of each work day.

Further information is detailed within these project plans and specifications.

3. RECEIPT AND OPENING OF BIDS

Penndel Borough(herein called "Owner") invites sealed bids on the forms attached hereto and located in the subdirectory titled “Documents to be Submitted with Bid.” All blanks on these forms must be appropriately filled in. Sealed bids will be received via PennBid (https://pennbid.bonfirehub.com) no later than July 23, 2026 at 1:00 PM for the project entitled:

"Memorial Park Access Improvements" The bids shall be opened at the Penndel Borough Municipal Building at 1:15 PM, and the results made available for viewing on the PennBid site within 24 hours. Bid Packet may be examined online via PennBid (https://pennbid.bonfirehub.com) on/after June 16, 2026.

A Bid shall be submitted via PennBid no more than 10 days before the bid opening date, and no later than the date and time prescribed in the advertisement. The Bidder is solely responsible for submitting its Bid by the time indicated in the advertisement.

Bid Packet may be viewed on-line at (https://pennbid.bonfirehub.com), or examined weekdays at the Penndel Borough Municipal Building during the hours of 9:00 a.m. to 4:30 p.m. Bids are to be submitted electronically via PennBid The document entitled Instructions – Submitting Electronic Bids For This Solicitation is included as part of the Bid Packet and provides instructions on what information needs to be submitted along with how to submit.

Bids will be opened at the time and place indicated in the advertisement and, unless obviously non-responsive, read aloud publicly to coincide with the bid opening and simultaneous posting of bid results on PennBid. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of the Bids. No hard copies of any Bids will be accepted. All Bids are required to be submitted electronically via PennBid to be considered.

The Owner reserves the right to reject any or all Bids, including, without limitation, nonconforming, non-responsive, unbalanced, or conditional Bids. The Owner may consider non-responsive any bid not prepared and submitted in accordance with the provisions hereto and may waive any informalities in any and all Bids. Any Bid received after the time and date specified shall not be considered.

The Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. The Owner may also reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder due to noncompliance with Bid Specifications and/or prior work history of the Bidder. The Successful Bidder shall be required to enter into a written Contract in form to be approved by the Owner.

More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

In evaluating Bids, the Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates; unit prices; and other data, as may be requested in the Bid Form or prior to the Notice of Award.

In evaluating Bidders, the Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Bid Packet.

The Owner may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. Any Bidders who have defaulted on a public Contract with three (3) years of the date of the issuance of this Bid Packet may be eliminated from consideration within the sole discretion of the Owner.

If the Contract is to be awarded, the Owner reserves the right to select any combination of the Base Bid and/or Alternate Bids to determine the lowest responsible Bidder for the selected combination whose Bid is in the best interests of the Project. If the Contract is to be awarded, only one award will be made.

4. WITHDRAWAL OF BIDS

A Bid may be withdrawn any time prior to the bid closing date and time by clicking on the “Withdraw Bid” button within PennBid. After the opening of Bids, Bids may only be withdrawn within two (2) business days after such opening of Bids in strict compliance with 73 P.S. §1602 and any subsequent amendments.

5. QUALIFICATIONS OF BIDDERS

To demonstrate a Bidder's qualifications to perform the Work, each Bidder must submit with its Bid a completed Bidder Qualification Statement. The Owner will make such investigations as it deems necessary to determine the ability and competency of the Bidder to perform the Work in the manner and within the time limit stipulated, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request, such as written evidence to the resources needed to fulfill the conditions of the Contract and Specifications, financial data, previous experience, present commitments, and such other data as may be reasonably requested. The Owner reserves the right to reject any Bids received if the investigation fails to satisfy the Owner that such a Bidder is properly qualified to carry out the obligations of the contract and to complete the Work as specified.

In addition to the financial qualifications, the Bidder shall be required to prove to the satisfaction of the Owner that it has within the two-year period prior to the submission of this bid, successfully completed a contract for similar work in an amount of not less than seventy-five percent (75%) of the amount of the proposed Contract.

In determining Bidder responsibility for this work, attention will be given to the method of construction which the Bidder plans to follow, the available experienced and skilled men which it plans to use in the prosecution of the work; and the type of equipment and material it plans to install; and it shall be prepared to furnish its information, in writing, at the Owner's request.

6. PREPARATION OF BIDS

The Owner will assume each Bidder will have carefully examined the Invitation to Bid, the Instructions to Bidders, the Contract, the General Provisions, the Technical Specifications, the Bid Form, and Technical Specifications for the work, all attached hereto, and to have carefully investigated physical conditions at the site and character of the work to be done and to have inquired fully into the difficulties of construction of the work before preparing their proposal. The Owner will not be responsible for failure of the Bidder to properly estimate such difficulties and costs, or for overlooking any of the requirements of the Contract or other documents in the Bid Packet. In addition:

• Complete sets of the Bid Packet are available online at no cost at PennBid (https://pennbid.bonfirehub.com).

• Complete sets of Bid Packet must be used in preparing Bids. Neither the Owner nor the Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Packet.

• In making copies of Bid Packet available on the above terms, the Owner and the Engineer do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

It is the responsibility of each Bidder before submitting a Bid to:

• Examine and carefully study the Bid Packet and the other related data identified in the Bid Packet;

• Attend the Pre-Bid Meeting (optional);

• Visit the Site and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

• Become familiar with and satisfy itself as to all federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work;

• Consider the information known to itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; and the Bid Packet, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work;

(2) the means, methods, techniques, sequences, and procedures of construction to be employed by itself, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bid Packet; and

(3) its safety precautions and programs;

• Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bid Packet;

• Become aware of the general nature of the work to be performed by the Owner and others at the Site that relates to the Work as indicated in the Bid Packet;

• Promptly give the Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bid Packet and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

• Determine that the Bid Packet are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

The submission of a Bid will constitute an incontrovertible representation by Bidder: that

Bidder has complied with every requirement of these Instructions; that without exception, the Bid is premised upon performing and furnishing the Work required by the Bid Packet and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown, indicated, or expressly required by the Bid Packet; that Bidder has given the Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bid Packet and the written resolutions thereof by the Engineer are acceptable to Bidder; and that the Bid Packet are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

7. ALTERNATIVE BIDS OR BID OPTIONS

No alternative bids will be considered. Bid options will be considered for the installation of additional gates, pavement markings, and replacement of additional sidewalk and installation of additional fence. The Owner reserves the right to select or reject Optional bid items solely for the benefit of the Owner, and shall create no right, entitlement or expectation in any bidder.

Work listed as Alternative or Optional shall not be undertaken by the contractor unless included in the project award by the Owner.

8. PRE-BID MEETING

A pre-bid meeting is to be conducted at the Penndel Borough Hall on July 9, 2026 at 11 AM to review the project scope of work and bidding requirements and visit the site. Pre-bid meeting attendance is recommended but not mandatory for project bidders.

This pre-bid meeting will be open to all bidders, and all information given at this meeting will be considered part of the Bid Packet. Meeting notes will be uploaded to PennBID following the meeting.

9. INSPECTION OF SITE

Every Bidder should visit the Site of the proposed Work and fully acquaint itself with the existing conditions there relating to construction and labor and should fully inform itself as to the facilities involved and the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize itself with the Drawings, Technical Specifications, and all other Contract Documents. The Successful Bidder, by the execution of the Contract, shall in no way be relieved of any obligation under it due to its failure to determine or examine the conditions existing at the Site, and the Owner will be justified in rejecting any claim based on facts regarding which the Bidder should have been on notice as a result of such determination or examination.

10. 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 itself as to the full requirements of the Contract and has based its Proposal upon such understanding.

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 Bid.

11. ADDENDA AND INTERPRETATIONS

No interpretations of the meaning of the Contract Documents will be made to any prospective Bidder orally. Every request for such interpretation should be submitted in writing via the Questions tab within PennBid Portal, and to be given consideration must be received at least seven (7) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be given in the form of written addenda to the specifications which will be posted on PennBid to all prospective Bidders (at the respective address furnished for such purposes) not later than five (5) days prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such addenda or interpretations shall not relieve said Bidder from any obligations under its Bid as submitted. All addenda so issued shall become part of the Contract Documents. Notifications of Addenda will be emailed to all parties recorded by the Engineer as having downloaded the Bid Packet. Questions received after the posted cut-off date may not be answered. Only questions answered by Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

Addenda may be issued to clarify, correct, or change the Bid Packet, as deemed advisable by the Owner or the Engineer.

12. INSURANCE REQUIREMENTS

Without restricting the obligations and liability assumed by the Contractor under other sections of the Contract Documents, the Contractor shall at its own cost and expense purchase and maintain in force until final acceptance of its work, the forms of insurance coverage described hereafter. It is the intent of the required insurance to protect the Contractor, the Owner, and the Engineer from claims under Worker's Compensation Act; and from claims for damage to property; damages because of bodily injury, including death, which may arise from and during operations under this Contract, whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by either of them. The insurance requirements apply to the Contractor and its subcontractors, unless specifically noted to the contrary in the Contract Documents.

At the time of execution of the Contract, certificates of Insurance must be furnished to the Owner, and be acceptable to the Owner with respect to form, coverage, and company. Each certificate must provide for thirty (30) days prior notice to the Owner of any cancellation or change of limits, and such notice shall be sent by registered or certified mail, with return receipt.

Insurance coverage shall be provided separately for each contract.

The Limits of Insurance shall be as follows:

a. Worker's Compensation and Employer’s Liability: As required by Statute

Bodily Injury by Accident $ 100,000. each accident Bodily Injury by Disease $ 100,000. each employee Bodily Injury by Disease $ 500,000. policy limit

b. Property Damage Liability $ 1,000,000 each occurrence $ 2,000,000 aggregate

c. Commercial General Liability $ 1,000,000 each occurrence $ 2,000,000 aggregate

d. Products and Completed Operations $ 1,000,000 each occurrence $ 2,000,000 aggregate

e. Bodily Injury Liability $ 1,000,000 each occurrence $ 2,000,000 aggregate

f. Automobile Liability (owned, $ 1,000,000 each occurrence non-owned and hired vehicles)

g. Automobile Property Damage $ 1,000,000 each occurrence

h. Manufacturers and Contractors’ $ 500,000 each occurrence Public Liability

The policy shall include premises and operations, products/completed operations and blanket contractual liability. The liability policies shall include a waiver of subrogation. The contractual section of the coverage must cover this agreement. The Contractor shall also carry general umbrella liability insurance with a limit of not less than $2,000,000. In addition, the Contractor shall maintain any other insurance necessary to protect against claims resulting from its actions, personnel, subcontractors, or equipment.

Both bodily injury liability and property damage liability insurance shall name the Contractor as insured, and shall specifically name The County of Bucks, its Board of Commissioners, employees, directors, officers, departments and division; Penndel Borough; and Value Engineering Inc. as Additional Insured. The policy shall not be canceled or changed without providing at least thirty (30) days prior notice to all additional insured.

13. CONDITIONS OF WORK

Each Bidder must inform itself fully of 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 its obligation to furnish all material and labor necessary to carry out plated work for the consideration set forth in its Bid.

At the time of the opening of bids, each Bidder will be presumed to have inspected physical conditions at the Site and to have read and to 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 of its Bid.

Where borings, test piles or existing underground and overhead structure locations are shown, if any, they are for the information of the Owner; their correctness is not guaranteed or warranted by the Owner, and in no event is this information to be considered as a part of the Contract. If this information is used by a Bidder in preparing its proposal, it 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 of the Site and, in particular, as to subsurface and ground water conditions. Bids for excavation, if any, are based on unclassified material.

14. TIME FOR COMPLETING WORK AND LIQUIDATED DAMAGES

The time for completion of work under this contract shall be 90 calendar days from the Contractor's receipt of the written Notice to Proceed from the Owner (“Contract Time”). This time period will apply for any contract award whether individually or collectively. The Contractor will not be permitted to work on weekends or holidays without special permission from the Owner.

All Bidders are notified that time is of the essence for this Contract. The Successful Bidder will be required to so prosecute the work so as to ensure its completion within the number of calendar days set forth above. It is mutually agreed that damages to the Owner for failure of the successful bidder to fully complete the work under this Contract on or before the above-stated date shall be One Hundred Fifty Dollars ($150.00) 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 monies which otherwise would be payable hereunder to the Successful Bidder.

The Owner may extend the time for completion of work by contract change order should the Owner determine such an extension is necessary, appropriate and will not adversely impact the project or project funding.

15. BID SECURITY

Each Bid must be accompanied by a certified check of the Bidder, or a bid bond, duly executed by the Bidder as principal and having as surety thereon a surety company approved by the Owner, in an amount not less than ten percent (10%) of the amount of the base bid. Such checks or bid bonds will be returned to all except the three (3) lowest formal Bidders within the seven (7) days after the formal opening of the Bids. The remaining checks or bid bonds will be returned to the three (3) lowest bidders within five (5) days after the Owner and the Successful Bidder have executed the Contract, or if no Contract has been so executed, within ninety (90) days after the date of the opening of bids, or upon demand of the Bidder at any time thereafter so long as it has not been notified of the acceptance of its Bid.

16. COLLUSIVE AGREEMENTS

a. Each Bidder submitting a Bid to the Owner for any portion of the Work contemplated by the Bid Packet shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that it has not entered into a collusive agreement with any other person, firm, or corporation in regard to any Bid submitted.

b. Before executing any subcontract, the successful Bidder shall submit the name of any proposed subcontractor to the Engineer for prior approval and a Non-Collusion Affidavit of Subcontractor to the Owner.

17. CONTRACT EXECUTION

The Successful Bidder shall, within ten (10) days after the official notice of Contract Award, execute the Contract in quadruplicate, then submit same with the appropriate bonds to the Owner. The time for such submittal may be extended at the election of the Owner and for the sole benefit of the Owner. Failure or refusal of the Successful Bidder to do so will be considered as an abandonment of the Contract, and bid security posted with any proposal shall be forfeited to and become the property of the Owner.

18. PAYMENT AND PERFORMANCE BONDS

Simultaneously with the delivery of the executed Contract, the Successful Bidder must deliver to the Owner an executed Performance Bond, in the amount of one hundred percent (100%) of the accepted Bid, as security for the faithful performance of its Contract, and a Payment Bond, in the amount of one hundred percent (100%) of the accepted Bid, for the payment of all persons performing labor or furnishing materials in connection therewith, in the form of bonds attached hereto and having as security such surety company or companies as are acceptable to the Owner and as are authorized to transact business in this state. Failure to submit the bonds shall constitute grounds to cancel the Contract.

Alterations made in the terms of the Specifications, or agreement of quantities of work shall in no way violate the delivered bonds. Bonds shall be executed by an insurance or surety company licensed to operate in the state of Pennsylvania and satisfactory to the Owner.

19. MAINTENANCE BOND

A Maintenance Bond, as a guarantee against defective workmanship and/or materials, in the amount of ten percent (10%) of the total contract payment to the Contractor, shall be submitted to the Owner upon completion and acceptance of the Work required to be performed under the Contract. The Maintenance Bond shall be in effect for a period of twelve (12) months from written notification by the Owner to Contractor of completion and acceptance of the Work.

20. AWARD OF CONTRACT

a. The Contract will be awarded to the responsible Bidder submitting the lowest Base Bid if no alternates are selected, or the lowest combined bids for Base and selected Alternates, complying with the conditions of the Invitation for Bids. The Successful Bidder will be notified at the earliest possible date. The Owner, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejections or waiver is in its interest.

b. Each Bidder shall bid on all items. A Contract will be awarded on the basis of the lowest total Bid by a responsible Bidder, following evaluation of relative costs and benefits.

Each Bid shall be a balanced Bid.

21. REJECTION OF BIDS

a. The Owner reserves the right to reject any or all Bids. Bids which are incomplete, conditional, or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, shall be rejected as non-responsive. The right to reject or accept bids shall be solely for the benefit of the Owner, and shall create no right, entitlement or expectation in any Bidder.

b. The Owner also reserves the right to reject the Bid of any Bidder which has previously failed to perform properly, or to complete on time, contracts of a similar nature; which is not in a position to perform the Contract; or which has habitually and without just cause neglected the payment of bills or otherwise disregarded its obligations to subcontractors, material suppliers, or employees. In determining the lowest responsible Bidder, the following elements, in addition to those mentioned, will be considered: Whether the Bidder involved (1) maintains a permanent place of business; (2) has adequate plant equipment available to do the Work properly and expeditiously; (3) has suitable financial resources to meet the obligations incident to the Work; and (4) has appropriate technical experience. The Owner reserves the right to consider as unqualified to perform the work of general construction any Bidder who does not habitually perform with its own forces the major portions of the work involved in construction of the improvements embraced in this Contract.

22. PROGRESS PAYMENTS

The Engineer will review progress estimates submitted by the contractor at or about the middle of each month either by direct estimation or by measurements, or by a combination of both, representing work done by the Contractor during the previous month. Ninety percent (90%) of such estimate shall be due the Contractor as payment after the issuance of a Certificate of Payment. The balance of ten percent (10%) of the progress estimate shall be withheld until fifty percent (50%) of the Project is complete. The balance of five percent (5%) of the progress estimate shall be withheld until the final acceptance of the completed work by the Engineer and the Owner. Payment will be made by the Owner on or before the time specified in the Contract.

23. TRADE NAMES

Wherever trade names are used either in the plans 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 discretion of the Owner. The Contractor shall submit manufacturers' specifications, etc., sufficient for the Engineer to determine equivalency of material and/or equipment.

24. POWER OF ATTORNEY

Attorneys-in-fact who execute bonds as required by this Bid Packet must file with each bond a certified copy of their power of attorney to sign said bonds.

25. PERMITS AND COMPLIANCE WITH LOCAL LAWS

The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments. The Contractor shall be required to determine the necessity for and obtain all other necessary permits from the Owner or other public authorities and shall give all notices required by law or municipal ordinances. The charges or fees for any permits issued by the Owner will be assumed by the Owner, but any other fees shall be borne by the Contractor.

26. OTHER CONTRACTS

The Successful Bidder is advised that work, other than the work included in its Contract, may be in progress at the Site during the performance of the Work covered by the Contract Documents. Accordingly, Bidders are warned that coordination of construction activities at the Site must be such as to avoid interference. UNDER NO CIRCUMSTANCES SHALL THE OWNER

OR THE ENGINEER BE HELD RESPONSIBLE TO THE CONTRACTOR FOR DELAYS OR EXTRA WORK

OCCASIONED BY INTERFERENCE OF OTHER CONTRACTORS OR UTILITY COMPANIES.

27. DISCREPANCIES IN BID

In the event there is a discrepancy between the unit price for a construction item and the calculated total price, the unit price shall supersede. In the event there is a discrepancy between the unit prices and/or lump sums expressed in figures the signed bid form and the unit prices and/or lump sums on the on-line pricing form, the signed bid form shall supersede the on-line pricing form.

28. ESTIMATED QUANTITIES

The quantities given in the Bid Packet are approximations only, being given as a basis for the uniform comparison of the Bids, and the Owner does not expressly or by implication warrant that the actual amount of work will correspond therewith. In the event actual work quantities differ from estimated quantities, the Bidder's attention is directed to Instructions to Bidders Section 30, "QUANTITY VARIATIONS."

29. UNIT PRICES

The unit price for each of the several items in the proposal of each Bidder shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price Bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as not responsive.

30. QUANTITY VARIATIONS

Where the quantity of Work shown for an item in the Bid Packet, including any modification thereof, is estimated, no adjustment of the contract unit price, nor of the performance time, shall be made for overruns or underruns which are within twenty-five percent (25%) of the estimated quantity of any such item.

For underruns or overruns of more than twenty-five percent (25%), the Engineer shall re-estimate the quantity for the item, establish an equitable Contract Price for the underrun or overrun of more than twenty-five percent (25%), adjust contract performance time equitably, and modify the Contract in writing accordingly; this is to thereafter be applicable to the total re-estimated item quantity.

31. SAFETY REQUIREMENTS

It shall be the single and sole responsibility of the Contractor 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 Contractor or its subcontractors, representatives, agents, employees, or guests to inspect the work or otherwise ensure compliance by the Contractor 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 Contractor's failure to so comply. All contractors providing construction services at this Site (or site related construction) shall be responsible for conformance with applicable OSHA (Occupational Health and Safety Administration) standards and regulations. Penndel Borough, and Value Engineering Inc. will not be responsible for any damages or liability arising from the failure of any party to confirm with the applicable OSHA standards and regulations concerning the Work and other activities upon the Site.

32. WAGES AND SALARIES

a. The Successful Bidder shall pay no less than the Davis Bacon Wage Rates applicable to and determined for the Project. The Successful Bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex or national origin.

b. The rates of pay set forth under GENERAL CONDITIONS, PART II, are the minimums to be paid during the life of the Contract. It is, therefore, the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of workday and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

c. With the understanding that the Davis Bacon Wage Determination modification posted herein was in effect as of the posting date, and that this determination must be checked for an update before submitting a bid; the latest modification within 10 days of bid opening must be used.

d. The applicable U.S. Department of Labor wage decision(s), as incorporated in Appendix

A, are hereby made a part of this Contract.

The Contractor shall:

(1) pay all laborers and mechanics not less than the applicable prevailing wage rates;

(2) submit weekly certified payrolls to the County via Skillsmart software (no cost to the contractor);

(3) ensure that all subcontractors are bound to the DBRA requirements; and (d) cooperate with onsite employee interviews and payroll reviews conducted by the Owner, Grantee, HUD, or their agents.

33. AMERICANS WITH DISABILITIES ACT

The Contractor agrees to comply with the General Prohibitions Against Discrimination, 28 C.F.R. § 35.130 and all other regulations promulgated under the Title II of the Americans with Disability Act. No individual with a disability shall, on the basis of the disability, be excluded from participation in the Contract.

34. CHANGES

The Owner may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Owner and the Contractor, shall be undertaken in accordance with the Contract and shall be incorporated in written amendments to the Contract. The terms of the change order shall be prepared in writing by the engineer and presented to the Owner and the Contractor. No change order is effective until accepted and signed by the Owner. This is further described in the contract under the heading, “CHANGES IN THE WORK”

35. TERMINATION

a. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under the Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the Contract, the Owner shall thereupon have the right to terminate the Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under the Contract shall, at the option of the Owner, become the Owner’s property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

Notwithstanding the above, the Contractor shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the Contract by the

Contractor, and the Owner may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Owner from the Contractor for such breach is determined.

b. Termination for Convenience of Owner. The Owner may terminate the Contract any time by a notice in writing from the Owner to the Contractor. If the Contract is terminated by the Owner as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. Provided, however, that if less than sixty percent (60%) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Subsection 35.b set forth above shall apply.

36. ASSIGNABILITY

The Contractor shall not assign any interest in this Contract and shall not transfer any interest in the same without the prior written approval of the Owner. Provided, however, that claims for money due or to become due the Contractor from the Owner under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner.

37. STEEL PRODUCTS PROCUREMENT ACT

The Contractor and any subcontractors shall comply with requirements of the "Steel Products Procurement Act". All steel used in this construction project must be milled, melted and manufactured in the United States. Steel mill certifications must be provided for all steel materials delivered to the Project. Certifications must have- the letters USA printed on the documentation.

Failure to supply certifications may result in withholding of payment for work completed.

In addition, contractors are advised that violation of the Steel Products Procurement Act may result in prohibition from bidding on public agency contracts for a period of five (5) years from the date of determination of violation.

38. TRADE PRACTICES ACT

In accordance with Pennsylvania Trade Practices Act, the Act of July 23, 1968 (P.L. 686, No. 226), 71 P.S. §§ 773.101-773.113, the Contractor shall not furnish or use or permit to be furnished or used in any “public works” (as defined in the Pennsylvania Trade…