ADVERTISEMENT

INSTRUCTION TO BIDDERS

FORM OF PROPOSAL

FORM OF GUARANTY

GENERAL AND SPECIAL CONDITIONS

CONSTRUCTION SPECIFICATIONS

FORM OF AGREEMENT

CONTRACT BOND

LIST OF CONTRACT DRAWINGS

STANDARD DETAILS

LOWER MAKEFIELD TOWNSHIP

BUCKS COUNTY, PENNSYLVANIA

2026 ROAD PROGRAM

PENNONI ASSOCIATES INC.

CONSULTING ENGINEERS

WARRINGTON, PA 18976

PROJECT NO. LMKFD25008

APRIL 2026

All documents prepared by Pennoni Associates are instruments of service in respect of the project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Pennoni Associates will be at Owner's sole risk and without liability or legal exposure to Pennoni Associates; and Owner shall indemnify, and hold harmless Pennoni Associates from all claims, damages, losses and expenses arising out of or resulting therefrom.

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TABLE OF CONTENTS PAGE

A - ADVERTISEMENT A-1

B - INSTRUCTIONS TO BIDDERS B-1

C - FORM OF PROPOSAL – MS944 C-1

D - FORM OF GUARANTY D-1

E - GENERAL CONDITIONS

1. Definitions E-1

2. Other Contracts E-1

3. Sub-Contracts E-2

4. Mutual Responsibility of Contractors E-2

5. Fitting and Coordination of Work E-2

6. Superintendence by Contractors E-2

7. Permits, Licenses and Taxes E-2

8. Provisions Required by Law E-3

9. Protection of Work and Property E-3

10. Temporary Provision for Public Travel E-3

11. Shop Drawings E-3

12. Termination; Delays; and Liquidated Damages E-4

13. Inconsistent Specifications and Drawings E-5

14. Use of Premises E-5

15. Possession Prior to Completion E-5

16. Changes in the Work E-5

17. Claims for Extra Cost E-7

18. Disputes E-7

19. Materials and Workmanship E-8

20. Samples, Certificates and Tests E-8

21. Changes in Equipment and/or Materials E-9

22. Patents E-9

23. Warranty of Title E-9

24. The Owner's Right to do Work E-10

25. The Owner's Right to Terminate Contract E-10

26. Damages E-10

27. Engineers Status E-10

28. No Estoppel or Waiver of Legal Rights E-11

29. Safety and Health Regulations (OSHA) E-11

30. Remedies E-11

31. Indemnification E-12

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F - SPECIAL CONDITIONS

1. Contract Security F-1

2. Contractor's Insurance F-1

3. Special Coverage Terms F-3

4. Progress Schedule F-3

5. Location of Utilities F-3

6. Inspection of Work F-4

7. Use of Explosives F-4

8. Night, Weekend and Holiday Work F-4

9. Payment to Contractor F-4

10. Correction of Work After Final Payment F-7

11. General Guaranty F-7

12. Sanitary Facilities F-7

13. Water F-7

14. Electricity F-7

15. Lines, Grades and Construction Surveying F-7

16. Contract Standards Act F-8

17. Steel Products Procurement Act F-8

18. Act 287 F-8

19. Non-Discrimination/Sexual Harassment Provisions F-9

20. Public Works Employment Verification F-10

21. §99 – Responsible Contractor Ordinance F-10

22. Rates of Wages F-10

G - CONSTRUCTION SPECIFICATIONS G-1

H – (INCLUDED IN MS-944)

I - CONTRACT BOND I-1

FORM OF PERFORMANCE BOND

FORM OF LABOR AND MATERIALS BOND

FORM OF MAINTENANCE BOND

J - LIST OF CONTRACT DOCUMENTS J-1

K - STANDARD DETAILS K-1

A-1

A. ADVERTISEMENT

LOWER MAKEFIELD TOWNSHIP

BUCKS COUNTY, PENNSYLVANIA

Sealed bids will be received by Lower Makefield Township, electronically through PennBid until 10:00 A.M., prevailing time, on April 29, 2026, with the result posted thereafter for the following:

LOWER MAKEFIELD TOWNSHIP – 2026 ROAD PROGRAM

All documents and solicitation details are available and open to public inspection anytime at PennBid https://pennbid.bonfirehub.com. The bidder who is awarded the contract will be required to pay a fee to PennBid. The names of those who have secured plans/specifications may be obtained at PennBid.

Each bid must be accompanied by a certified check or bid bond payable to the Owner in an amount of not less than ten percent (10%) of the bid or bids. A performance bond or certified check in the amount of 100% of the contract shall be furnished by the successful bidder within 20 days after the contract is awarded. Only bonds from companies licensed to do business in the State where the Owner is located will be accepted and the bond shall so state same.

The work to be performed under this Contract consists of furnishing all materials, equipment, labor and supervision required for construction of the LOWER MAKEFIELD TOWNSHIP – 2026 ROAD PROGRAM as shown on the Contract Drawings and specified herein. This project includes but are not limited to; mill and overlay of pavement; reconstruction of ADA curb and sidewalk; and drainage improvements. The successful Contractor must comply with the Pennsylvania Department of Labor and Industry Prevailing Minimum Wage Determination as indicated in the Contract Documents and must be PennDOT prequalified as a PRIME CONTRACTOR.

Questions regarding this advertisement will only be accepted online via the PennBid website, https://pennbid.bonfirehub.com until 10:00 A.M. on the 22nd day of April, 2026.

Bids must be submitted unconditionally. No bidder may withdraw bids within 30 days after the scheduled closing time for receipt of bids.

Lower Makefield Township reserves the right to reject any or all bids, or parts thereof, and to accept the bid that it deems, in its sole judgement, to be in the best interest of the Township.

EOE

Township Manager David Kratzer Jr.

B-1

B. INSTRUCTIONS TO BIDDERS

1. BIDDER'S RESPONSIBILITY

Each bidder shall familiarize himself with all of the attached forms, Instruction, General Conditions, Specifications, Drawings, et cetera, as he will be held responsible to fully comply therewith. Each bidder must visit the site of the work and acquaint himself with conditions affecting the work.

Bidders shall properly register on the PennBid™ site (https://pennbid.bonfirehub.com).They shall familiarize themselves with the PennBid web site, navigating the PennBid web site, the PennBid bidding methodology, completing the PennBid bid form, and the uploading of required bid forms and surety certificates. If needed, it is incumbent upon bidders to request assistance in familiarizing themselves. Bidders are encouraged to contact PennBid if assistance is needed.

2. DELIVERY OF PROPOSALS:

Bids shall be collected electronically at PennBid™ (https://pennbid.bonfirehub.com). It is the responsibility of the bidder to complete in full their PennBid bid tab one minute prior to the time of opening. No bid shall be considered if it arrives after the time set for the receipt of bids. All required bid documents, as listed on PennBid website, must be uploaded one minute prior to the time of opening. PennBid website will automatically indicate when a bid document file has been successfully uploaded. Bidders must also acknowledge that the bid documents have been uploaded in their entirety. Bidders are encouraged to complete, scan, upload their bid document file, and complete their acknowledgement well ahead of bid opening time.

3. BULLETINS:

Bidders shall acknowledge receipt of all bulletins which have been issued during period of bidding and agree that said bulletins shall become part of this contract. The bidders shall list the numbers and issuing dates of the bulletins received and acknowledge same on the appropriate page provided in the Form of Proposal section of these specifications.

4. PROPOSAL GUARANTY:

Each Proposal shall be accompanied by either a certified check or Surety Company's Bid Bond as specified herein under "ADVERTISEMENT", in an amount of not less than ten (10) percent of the base bid, which check or bond shall be payable to the Owner as payee or obligee, and shall be forfeited as liquidated damages if the bidder fails to execute the contract in conformity with the Agreement incorporated in the Contract Documents, and furnish bonds as specified, within ten (10) days after receipt of Contract Documents. Such checks or bid bonds will be returned, to all except the three lowest bidders immediately after the award, and the remaining unsuccessful bidders checks or bid bonds will be returned when the contracts executed by both parties are delivered to the successful bidder.

5. METHOD FOR SUBMITTING BIDS:

No proposal will be considered unless submitted upon the proposal form for the project. The blank spaces in the proposal form shall be filled in correctly, where indicated, for each and every item for which a description is given, and the bidder must state the prices (which shall be written in ink, in

B-2 words and numerals) for which he proposes to do each part of the work contemplated. In case of discrepancy, the written words shall be considered as being the bid price.

The bidder shall sign his bid correctly and upload to the PennBid website. If the proposal is made by an individual, in addition to his signature, his complete post office address should be given. If made by a firm or partnership, the complete post office address of each member of the firm or partnership must be given. If made by a corporation, the person signing the proposal should be the President or Vice President and the Secretary or Treasurer of the corporation; otherwise, the signing individual's certificate or authority to execute such papers should accompany the proposal.

If bidder has been incorporated in some state other than Pennsylvania, bidder shall state whether the corporation is registered to do business in Pennsylvania. If bidder operates under an assumed or fictitious name, he shall state whether such name has been registered in Pennsylvania.

No contract will be awarded to a bidder who is a foreign corporation or operating under a fictitious or assumed name unless he has complied or agreed to comply with the proper registration under the laws of this Commonwealth.

6. PROOF OF BIDDER'S RESPONSIBILITY:

On request, bidder shall file an experience questionnaire and financial statement with the Owner.

The questionnaire and statement shall be certified to be true and correct by an affidavit sworn to or affirmed before a notary public, or other officer empowered to administer oaths or affirmations.

Upon request, bidder shall prove that he has liquid assets, available for the project upon which he is bidding in an amount equal to fifteen percentum (15%) of the first $100,000.00 of the amount of the bid plus ten percentum (10%) of the next $900,000.00 plus five percentum (5%) of the remainder of the bid.

None of the following will be considered as liquid assets:

(a) Capital Stock of the Contractor.

(b) Accounts receivable against which assignments have been made.

(c) Equity in real estate.

(d) Life Insurance.

(e) Reserve representing pre-payment of taxes or other expenses.

(f) Deposits held as security for other contracts.

(g) Capital of proposed sub-contractors.

In addition to the financial qualifications, the bidder may be required to prove the satisfaction of the Owner that he has successfully completed a contract for similar work in an amount of not less than seventy-five percentum (75%) of the amount of the proposed contract.

The foregoing will guide the Owner in determining the responsibility of the bidder, but additional information may be requested by the Owner whenever in its judgment such information is necessary to determine the responsibility of the bidder.

If the bidder fails, refuses or neglects to submit any required information within the reasonable time stated in any request therefore or fails to qualify as a responsible bidder, his proposal guaranty shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages.

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7. CHANGES WHILE BIDDING:

During the bidding period, bidders may be furnished addenda or bulletins for additions to or alterations of the plans or specifications, if any, which shall be included in the work covered by the Proposal and become a part of the contract documents.

If any prospective bidder on the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Engineer through the PennBid website, a written request for an interpretation thereof. The bidder submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of such addendum will be posted to the PennBid website. A broadcast e-mail indicating the posting of a new addendum will be sent to all valid e-mail addresses as listed on the PennBid site. A copy of such addendum may be downloaded at any time by each prospective bidder who has received a set of such documents. Unless included in an addendum, the Engineer and/or Owner will not be responsible for any other explanations or interpretations of the proposed documents.

8. BIDDER QUESTIONS:

The PennBid website allows for bidders to post questions and Engineer responses. The questions and responses shall be considered part of the bid documents and will be incorporated into the bid documents through a statement in an addendum.

8. BID OPENING PROCEDURE:

Sealed bids on projects will be received by the Owner via PennBid until the time stated in the

"Advertisement". The bid will be reviewed and posted on the PennBid website. The Owner reserves the right to reject any or all bids, or parts thereof, as it may deem best for the interest of the Owner.

9. COLLUSIVE BIDS:

The proposal of any bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one proposal in such manner as to make it appear that the proposals submitted are on a competitive basis from different parties shall be considered a collusive bidder.

The Owner may reject the bid proposals of any collusive bidder upon bid opening. However, nothing in this section shall prevent a bidder from superseding a bid proposal by a subsequent proposal delivered prior to bid opening which expressly revokes the previous bid.

10. WITHDRAWAL OF BIDS:

No bidder may withdraw his bid unless the request is made in writing and is received by the Owner prior to the time set for bid opening. After bid opening, no bidder may withdraw his bid within the time period indicated herein under "ADVERTISEMENT". Requests for withdrawal of bids after bid opening due to clerical error shall be made in accordance with Commonwealth of Pennsylvania Act. No. 4 (S.B. 793).

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11. AWARD OF CONTRACT:

The Owner shall have the right to reject any or all proposals or any parts thereof or items therein.

The Owner's Solicitor shall have the right to waive technicalities for the best interests of the Owner.

If an award of contract is made, it will be made to the lowest responsible bidder, within the time period indicated herein under "ADVERTISEMENT" on contract of $50,000.00 or less.

On public contracts in excess of $50,000.00 the contract will be awarded to the lowest responsible bidder within 60 days of the bid opening or all bids will be rejected. Thirty (30) day extensions of time may be made by the mutual written consent of the Owner and the lowest responsible bidder.

If the lowest bidder withdraws his bid, refuses award of contract, the Owner shall have the right to award to contract to the next lowest responsible bidder or to reject all bids and re-bid the contract.

12. EXECUTION OF CONTRACT

The individual, firm or corporation to whom or to which the contract has been awarded within ten

(10) days after receipt of said documents shall sign and return to the Owner, the contract documents and substitute for the certified check, or bid bond, which accompanied the proposal, a contract bond or bonds in the penal sum at least equal to the amount of such contract, for the faithful performance of the contract, and also an additional bond for labor and materials, in the penal sum at least equal to the amount of such contract, to cover the prompt payment in full for all materials furnished and labor supplied or performed, executed by a surety company or companies qualified to do business in the state where bid and a maintenance bond in the amount stipulated herein under "SPECIAL CONDITIONS". Each such bond shall be on the form approved by the Owners Solicitor.

On contracts in excess of $50,000.00 the contract shall be executed by the Owner and the successful bidder within 30 days of the date the contract is awarded unless the time shall be extended by the mutual written consent of the Owner and the successful bidder.

No proposals or awards shall be considered binding upon the Owner unless and until the contract documents are properly executed by both parties.

13. FAILURE TO EXECUTE CONTRACT:

If the lowest responsible bidder to whom the contract is awarded fails to submit bonds or execute the contract within the time specified, the amount of the proposal guaranty shall be paid to the Owner as liquidated damages. In such case the Owner, at his discretion, may award the contract to the next lowest responsible bidder, or reject all bids.

14. SUBLETTING OR ASSIGNING OF CONTRACT:

The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or any portion thereof, of his right, title or interest therein, without the written consent of the Owner.

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15. REJECTION OF PROPOSALS:

The right is reserved by the Owner at its discretion to reject any or all bids or parts thereof.

Proposals may be rejected if they show any omission, alterations of form, addition or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any defects or irregularities on proposals.

16. REQUIRED INFORMATION TO BE PROVIDED:

A. BID DOCUMENTS

Information and Forms to be posted via the PennBid site:

The following documents are to be uploaded to or completed on the PennBid site BEFORE bid opening.

1. MS-944 Form

2. Addendum Acknowledgment (Page D-1)

3. Form of Guaranty (Page D-1, in addition to completing the Bid Bond)

4. Bid Bond with Bonding company form (No specific form. The AIA bid bond form is acceptable)

Information and Forms to be submitted to the Township:

Hardcopies of the bid documents are not required at the time of bid opening. All documents are to be received electronically via PennBID. Original copies shall be coordinated upon Intent to Award.

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MS-944 (7-09)

PROPOSAL AND CONTRACT

(WHEN EXECUTED) THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS ON PAGE 4

A. DEPOSIT OF PROPOSALS.

All envelopes containing Bid proposals shall Lower Makefield Township

2026 Road Program be clearly marked “Bid Proposal for letting of MUNICIPALITY (NAME & TYPE)

04/29/2026 ."

DATE David Kratzer Jr.

TOWNSHIP MANAGER

Sealed Proposals will be received on or before 10:00 AM on the above Letting Date. 1100 Edgewood Road

TIME Yardley, PA 19067

ADDRESS

Bids will be opened and read at approximately 10:00 AM , on the above Letting Date.

TIME

The contractor proposes to furnish and deliver all materials ( including Form CS-4171, CERTIFICATE OF COMPLIANCE and/ or TR-465 DAILY BITUMINOUS MIXTURE CERTIFICATION ) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings and specifications on file at Lower Makefield Township as well as the supplements and special requirements contained herein and/ or attached hereto and current PennDOT Specifications (Publication 408), except Volumetric testing of bituminous paving materials is not required (Sec. 409).

If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed, or as otherwise provided in the special requirements, and will complete all work within 60 calendar days.

3 Accompanying this proposal is a certified check or bid bond in the amount of 10% of Bid made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirements of the proposal.

B. PROPOSAL OF:

NAME / ADDRESS OF CONTRACTOR

CONTRACTORS CERTIFICATION

It is hereby certified as follows:

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

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

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

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

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

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

CONTRACTOR

BY: DATE:

TITLE:

WITNESSED OR ATTESTED BY: DATE:

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

ACCEPTED ON:

DATE

Lower Makefield Township

MUNICIPALITY

BY:

ATTESTED BY:

TITLE: David Kratzer Jr., Township Manager

SEAL

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ATTACHMENT 1

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

County: Bucks Municipality: Lower Makefield Township

Project Number: 2026 Road Program

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LOCATION OF WORK:

See attached map

DESCRIPTION OF WORK:

Milling, asphalt wearing courses, bituminous base repair, line striping, and pavement marking in accordance with Municipality Specifications and PennDOT 408 specifications, latest edition thereof.

ESCALATOR CLAUSE:( if adopted by Municipality.)

N/A

SCHEDULE OF PRICES

Item

No.

Appx.

Qtys Unit *Description

Unit

Price Total

1 2 3 4 5 6

1 1 LS Mobilization / Demobilization

2 1 LS Maintenance and Protection of Traffic

3 72310 SY 1.5-inch Milling

4 72310 SY

1.5-inch, 9.5mm Superpave Wearing Course, PG 64-22, 0.3 to < 3

Million ESALs

5 7231 SY

4.0-inch, 25mm Superpave Base Course , PG 64-22, 0.3 to < 3

Million ESALs - Selective

6 7231 SY 6-inch Stone Base Repair - Selective

7 39 EA ADA Ramp Improvements

8 28 EA Inlet Repair - Type 1

9 8 EA Inlet Repair - Type 2

10 11 EA Inlet Repair - Type 3

11 1 EA Inlet Repair - Type 4

12 1 EA Inlet Repair - Type 4 - 6 Foot

13 4 EA Frame

14 3 EA Frame - 6 Foot

ALTERNATE BID - 1

15 10720 SY 1.5-inch Milling

16 10720 SY

1.5-inch, 9.5mm Superpave Wearing Course, PG 64-22, 0.3 to < 3

Million ESALs

17 1072 SY

4.0-inch, 25mm Superpave Base Course , PG 64-22, 0.3 to < 3

Million ESALs - Selective

18 1072 SY 6-inch Stone Base Repair - Selective

19 8 EA ADA Ramp Improvements

20 11 EA Inlet Repair - Type 1

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ALTERNATE BID - 2

21 3110 SY 1.5-inch Milling

22 3110 SY

1.5-inch, 9.5mm Superpave Wearing Course, PG 64-22, 0.3 to < 3

Million ESALs

23 311 SY

4.0-inch, 25mm Superpave Base Course , PG 64-22, 0.3 to < 3

Million ESALs - Selective

24 311 SY 6-inch Stone Base Repair - Selective

ALTERNATE BID - 3

25 1800 SY 12-inch Road Excavation - Selective

26 1800 SY 1.5-inch Milling - Selective

27 1800 SY

1.5-inch, 9.5mm Superpave Wearing Course, PG 64-22, 0.3 to < 3

Million ESALs - Selective

28 1800 SY

4.0-inch, 25mm Superpave Base Course , PG 64-22, 0.3 to < 3

Million ESALs - Selective

29 1800 SY 6-inch Stone Base Repair - Selective

30 1 EA Inlet Repair - Type 2

ALTERNATE BID - 4

31 1560 SY 1.5-inch Milling

32 1560 SY

1.5-inch, 9.5mm Superpave Wearing Course, PG 64-22, 0.3 to < 3

Million ESALs

33 156 SY

4.0-inch, 25mm Superpave Base Course , PG 64-22, 0.3 to < 3

Million ESALs - Selective

34 156 SY 6-inch Stone Base Repair - Selective

ALTERNATE BID - 5

35 6600 SY 1.5-inch Milling

36 6600 SY

1.5-inch, 9.5mm Superpave Wearing Course, PG 64-22, 0.3 to < 3

Million ESALs

37 660 SY

4.0-inch, 25mm Superpave Base Course , PG 64-22, 0.3 to < 3

Million ESALs - Selective

38 660 SY 6-inch Stone Base Repair - Selective

39 3 EA ADA Ramp Improvements

40 3 EA Inlet Repair - Type 1

41 1 EA Inlet Repair - Type 2

42 2 EA Inlet Repair - Type 3

ALTERNATE BID - 6

43 325 LF Trail Demo & Construction

ALTERNATE BID - 7

44 800 LF Trail Demo & Construction

ALTERNATE BID - 8

45 1000 LF Trail Demo & Construction

ALTERNATE BID - 9

46 2 EA White Thermoplastic Stop Bar

47 2 EA White Thermoplastic Lettering - "STOP"

49 1 EA White Thermoplastic Type C Crosswalk

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* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

EACH MUST BE INCLUDED.

BID TOTALS

BASE BID TOTAL

ADD ALTERNATE NO. 1 BID TOTAL

ADD ALTERNATE NO. 2 BID TOTAL

ADD ALTERNATE NO. 3 BID TOTAL

ADD ALTERNATE NO. 4 BID TOTAL

ADD ALTERNATE NO. 5 BID TOTAL

ADD ALTERNATE NO. 6 BID TOTAL

ADD ALTERNATE NO. 7 BID TOTAL

ADD ALTERNATE NO. 8 BID TOTAL

ADD ALTERNATE NO. 9 BID TOTAL

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(5-

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

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

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

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

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

X Delivery tickets for all materials.

X CS-4171 Certificate of Compliance and/ or TR-465 Daily Bituminous Mixture Certification required for all materials.

X Notify the Municipality five working days prior to start of project.

X Work to be completed 90 Days after the Notice to Proceed After that date, Liquidated damages apply at X the rate of $ 1,000.00 per calendar day.

X * UNLESS EXTENDED BY OWNER BASED ON STATE MANDATED CONSTRUCTION LIMITATIONS

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

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

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

X Tack Coat required per Section 460, or 409 for Superpave, of Specifications 408 and is incidental to paving item unless noted otherwise.

X Prime Coat required per Section 461 of Specifications 408.

X Bituminous Seal on all abutting pavement and curbs required.

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

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

X Full width pavement with one pass required.

X Municipality reserves the right to limit work completed.

X Taper pavement the last 3 feet to curb.

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

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

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

X Unit Prices and Totals in Attachment 1 to MS-944 must be consistent with the values entered into PennBid.

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

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

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

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

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

X Complete all testing in accordance with Specification Form 408 Section 409 except for Superpave volumetric testing.

X Notice to Proceed will be the date of Contract acceptance.

X Final Completion Certificate & Notice of Completion required.

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

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

X See “List of Additional Contract Documents” for additional contract documents including contractor’s insurance requirements.

X Township/Borough and Pennoni Associates Inc. shall be named additionally insured. Three (3) copies of insurance shall be provided with the executed contract.

X Township/Borough work hours are 7:00 A.M. to 7:00 P.M. Monday through Saturday; no work, or operation of machinery, may be performed before or after these hours or on Sunday or holidays unless written permission is provided by the Municipality.

X The maximum elapsed time between the milling operation and the paving shall be five (5) working days unless written permission is provided by the Township/Borough. All restoration work on the roadway shoulder and edges must be completed within five (5) days of disturbance of the area. No areas shall be left in an un-stabilized condition longer than five

(5) days, unless written permission is given by the engineer.

X The contractor is required to schedule a preconstruction meeting with the Township/Borough prior to commencing work on this contract.

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X The contractor is required to submit a proposed schedule indicating anticipated start date, timeframe for project completion from beginning to end, and estimated sequence of construction.

X The Contactor’s construction operations, equipment, materials and any other such items shall not leave the permanent right-of-ways without written permission of the property owner and engineer.

X The Contractor is responsible for the stump removal associated with all trees removed as part of this contract.

X should be completed to terminate at the end of a block/full street section at the end of each workday.

X The Contractor shall neither damage nor destroy any curbs, sidewalk, driveway aprons, trees, or shrubs. Tracking of paving equipment shall be limited to avoid damage to paved surfaces outside of work area. All damages are to be replaced in kind by the Contractor at no additional cost to the municipality.

X The Contractor is required to fully inform themselves concerning location of public utilities on, under or over the project which may or may not require removal, resetting, construction or reconstruction and which may interfere with their operations. They still be assumed to have prepared their bid and entered into contract in full contemplation of the conditions to be encountered and their responsibility in connection therewith. The Contractor shall use special care in execution of the work in order to avoid interference or damage to any operating utilities (including, but not limited to painting exposed utility structures during construction). When there is any possibility of such interference or damage, the Contractor shall make satisfactory arrangements with responsible officers or owners of the utilities covering the necessary precautions to be used during performance of the work by the Contractor. Such arrangements shall be made before work is started and shall be subject to the approval of the engineer, which approval will not be considered as releasing the contractor from any responsibility for acts of themselves or their representatives.

X Adjustments to utility boxes are the responsibility of the contactor at no additional expense to the municipality.

X The Contractor is responsible for coordinating with the Township/Borough for any work near signalized intersections to avoid interference or damages to traffic signalization equipment on, under or adjacent to the roadway. Signal loops damaged during construction are to be replaced at the Contractor’s expense.

X Contractor will perform a preconstruction video inspection of all roads prior to the start of the project.

X The contractor shall provide a schedule for the proposed roads.

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

Contractor’s Representative

Company Date Municipality’s Representative Date

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PROPOSAL AND CONTRACT INSTRUCTIONS- FORM 944

1 The proposal must be typewritten or printed.

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

3 Description of Work- - -

A. If additional space is needed, insert appropriately numbered attachment, and note “Continued on attached work sheets."

4 Part A of Page 1 to be completed by municipality. Part B of Page 1 to be completed by contractor.

Schedule of Prices - Column #1 (Item), #2 (Approximate quantities), #3 (Unit, i.e., ton, square yard, linear feet, etc.) And #4 (Description, i.e., bituminous materials - 9.5 mm S & L, 12.5 mm Wearing,

25.0 mm Base Course, etc.) Must be filled in by the municipality to insure equitable bidding.

Columns #5 (Unit Price), #6 (Total) and total amount of bid, must be filled in by the contractor.

If more space is needed, add note at the bottom of the page; “Continued on Attachment No. 1-A”, and add additional sheet designated as Attachment No. 1-A, 1-B, etc. Repeat for each additional sheet required.

As required by Publication 408, Section 102.06(e), each bidder must submit a completed Form 7126 - Anti-Collusion Affidavit with its bid proposal.

5 If liquidated damages are to be assessed, add the following sentence to Part A #2. If all work is not completed on time, liquidated damages will be assessed at the rate of $1,000.00 per additional working day.

(OR “. . . as set forth in the attached schedule.”)

6 Payment and Performance bonds are provided only by the successful bidder. Contracts from $4,000.00 up to $5,000.00 in Second Class Townships - performance bond must be not less than 10% or greater than 100% of amount of contract.

Contracts greater than $1,500.00 up to $10,000.00 in First Class Townships, Boroughs and Third-Class Cities - bonds must be between 50 % to 100% of the contract amount. Contracts in excess of $5,000.00 in Second Class Townships and in excess of $10,000.00 in First Class Townships, Boroughs and Third-Class Cities - bonds must be in 100% of the amount of the contract. Bond Forms MS-944 Attachments 2 and 3 and Workmen’s Compensation Affidavit - Attachment 4 must be submitted by the successful bidder within 20 days of the contract award. Failure to submit the bonds shall constitute grounds to cancel the contract.

7 *Construction projects, where the estimated cost of the total project exceeds $25,000, are subject to the provisions of the Pennsylvania Prevailing Wage Act 442. It is the responsibility of the municipality to obtain the Prevailing Wage Scale for the area and include it in the proposal. If the Prevailing Wage Act applies, this fact shall be noted in the advertisement.

8 On projects utilizing Federal Revenue Sharing Funds, if the project cost exceeds $2,000 and is financed with 25% or more Federal Revenue Sharing Funds, the Davis Bacon Act applies. Again, it is the responsibility of the municipality to obtain the Davis Bacon Wage Rates, include them in the proposal and note the fact in the advertisement. If both acts are applicable, The Davis Bacon Act has preference over the Pennsylvania Prevailing Wage Act.

9 An ESCALATOR CLAUSE is optional; if used, it must be included in the proposal prepared by the municipality. An escalator clause may not be inserted by the contractor.

*(1961, Aug. 15, P.L. 987; 43 P.S. 165)

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D. FORM OF GUARANTY:

Accompanying this Proposal is a in the amount of

Dollars $ as bid security.

BULLETINS:

The bidder acknowledges receipt of the hereinafter enumerated bulletins which have been issued during period of bidding and agrees that said bulletins shall become a part of this contract. The bidder shall list below the numbers and issuing dates of the bulletins.

Bulletin No. Issuing Date

The undersigned hereby certifies that this Proposal is genuine, and not sham or collusive, or submitted in the interest or on behalf of any person, firm or corporation not herein named, and has not, induced any other persons to refrain from biddings, and has not in any way sought by collusion to secure for himself an advantage over any other bidder.

FIRM NAME

ADDRESS

Official

By

TITLE

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E. GENERAL CONDITIONS

1. DEFINITIONS:

The OWNER is the party referred to in the Advertisement and whenever the word Owner is used herein it shall refer to and designate the party of the first part of the contract contained herein.

The CONTRACTOR is the individual, group, partnership or corporation undertaking to do the work herein specified (including his or their heirs, legal representatives, successors or assigns) and is the party of second part of the contract contained herein.

The ENGINEER, the person, firm or corporation who represents the OWNER on the contract contained herein.

The CONTRACT DOCUMENTS consist of the Advertisement, Instructions to Bidders, Form of

Proposal, General and Special Conditions, Construction Specifications, Form of Agreement, Form of Bond, List of Contract Drawings, Standard Details and the plans.

A SUB-CONTRACTOR is an individual group, partnership or corporation, having a direct contract with the Contractor to furnish a special service, labor or material towards the completion for the Contractors contract.

An INSPECTOR is an authorized representative of the Engineers and/or Owner, assigned to inspect the work performed and the materials supplied by the Contractor as to compliance with the Contract Documents.

The term WORK, used herein, includes all labor and/or materials, equipment and any other facilities necessary for the Contractor to complete the contract.

The term APPROVED, used herein, shall be held to mean as approved by the Engineer.

The term SUBSTANTIAL COMPLETION used herein shall be held to mean construction that is sufficiently completed in accordance with the Contract Documents and certified by the Engineer of the Owner, as modified by change orders agreed to by the parties, so that a project can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least 90% of the work on the project is completed.

NOTICE shall be deemed to have been duly served if written and delivered in person to the individual, or to a member of the firm, or to an officer of the Corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives notice.

2. OTHER CONTRACTS

The Owner may award, or may have awarded other contracts for additional work, and the Contractor shall cooperate fully with such other Contractors, by scheduling his own work with that to be performed under other contracts as may be directed by the Owner. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled.

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3. SUB-CONTRACTS

No part of the contract shall be sublet without the prior written approval of the Owner and setting forth requirements to be met.

4. MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts or neglect on the part of the Contractor, any other Contractors, or any subcontractor, shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or subcontractor by agreement or arbitration, if such other Contractor or subcontractor will so settle. If such other Contractor, or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been so sustained, the Owner will notify this Contractor, who shall defend at his own expense any suit based upon such claim and, if any judgment or claims against the Owner shall be allowed, the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith.

5. FITTING AND COORDINATION OF WORK

The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or materialmen engaged upon this contract. He shall be prepared to guarantee to each of his subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work.

6. SUPERINTENDENCE BY CONTRACTOR

At all times during which work is being performed under or affecting this contract, the Contractor shall keep a competent superintendent acceptable to the Engineer constantly on the site from the commencement of work under this contract until the completion thereof, who shall be constantly in touch with work and in all interlocking contracts affected thereby. The superintendent shall, in the absence of the Contractor, see that the instructions of the Engineer are carried out and all directions given such superintendent shall be as binding as if given to the Contractor.

7. PERMITS, LICENSES AND TAXES

The Contractor shall give all notice required by and comply with all applicable laws, ordinances, and codes of the Local Government, all construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawing and Detail Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Owner. Where the requirements of the Drawings and Detail Specifications fail to comply with such applicable ordinances or codes, the Owner will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices.

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Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility varying with any applicable Ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with the Drawings and Detail Specifications) the Contractor shall remove such work without cost to the Owner.

8. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein; and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion.

9. PROTECTION OF WORK AND PROPERTY

The Contractor shall provide adequate protection against injury or loss arising in connection with this contract for all his work and the property of the Owner. He shall make good any such damage, injury or loss, except such as may be due directly to errors in the drawings or specifications or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the specifications and drawings. He shall provide facilities for protection required by public authority or local conditions as passageways, guard fences, lights, etc.

The Contractor shall preserve and protect all trees, shrubs and grass on or adjacent to the site which do not reasonably interfere with the construction as may be determined by the Engineer and the Contractor shall be responsible for all unauthorized cutting or damaging or trees and shrubs, including damage due to careless operation of equipment, stockpiling of materials or tracking of grass areas by equipment. The Contractor shall remove only those trees designated by the Engineer to be removed.

10. TEMPORARY PROVISION FOR PUBLIC TRAVEL

The Contractor shall perform his work in such a manner as to interfere as little as possible with the use of intersecting roads or adjoining property. No excavation shall be left open or other obstruction allowed to remain longer than is absolutely necessary; and the Contractor shall provide all safeguards and temporary passageways that may be necessary for the convenience and protection of all persons using said property either day or night.

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11. SHOP DRAWINGS

The Contractor shall check and verify all field measurements and shall submit with such promptness as to cause no delay in his own work or in that of any other Contractor, three copies, checked and approved by him, of all shop or setting drawings and schedules required for the work of the various trades. The Engineers shall check and approve, with reasonable promptness, such schedules and drawings only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The Contractor shall make any corrections required by the Engineers, file with him two copies and furnish such other copies as may be needed. The Engineers' approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications, unless he has in writing called the Engineers' attention to such deviations at the time of submission, and secured his written approval, nor shall it relieve him from responsibility for errors in shop drawings or schedules.

12. TERMINATION; DELAYS; LIQUIDATED DAMAGES

If the Contractor refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in these Contract Documents, or as modified as provided in these Contract Documents, the Owner, by written notice to the Contractor, may terminate the Contractor's right to proceed with the work. Upon such termination, the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor and his sureties shall be liable to the Owner for additional cost incurred by the Owner for liquidated damages for any delay in the completion of the work as provided below. If the Contractor's right to proceed is so terminated, the Owner may and take possession of and utilize in completing the work and materials, tools, equipment and plant as may be on the site of the work and necessary therefore.

If the work not be completed within the time stipulated, including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Owner Liquidated Damages for each calendar day of delay, as set forth in the Form of Agreement, and the Contractor and his sureties shall be liable to the Owner for the amount thereof.

The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with Liquidated Damages for any delays in the completion of the work due:

To any acts of the Government, including controls or restriction upon or requisitioning of materials, equipment, tools, or labor by reason or war, national defense, or any other national emergency;

To any acts of the Owner;

To causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault of negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and

To any delay of any subcontractor occasioned by any of the causes specified in sub-paragraphs above.

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Provided, however, that the contractor promptly notified the Owner within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Owner shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Owner shall extend the time of completing the work for a period of time commensurate with the period of excusable delay.

Should the completion of the work be delayed beyond the time herein specified for completion for any reason other than the act of neglect of the Owner, or an approved extension of time, the Contractor shall pay the Owner the actual engineering expenses incurred by the Owner as a result of such delay and the Owner may deduct such engineering costs from any payments due or to become due the Contractor.

13. INCONSISTENT SPECIFICATIONS AND DRAWINGS

Anything mentioned in the Detail Specifications and not shown on the Drawings, or shown on the

Drawings and not mentioned in the Detail Specifications, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Detail Specifications, the better quality or greater quantity of work or materials and the more stringent requirements shall be included in the proposal, and unless otherwise ordered in writing, shall be performed or furnished.

14. USE OF PREMISES

The Contractor shall confine his equipment, storage of materials and construction operations to the

Contract Limits as shown on the Drawings and as prescribed by ordinances or permits, or as may be directed by the Owner, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment.

The Contractor shall comply with all reasonable instructions of the Owner and the ordinances and codes of the Local Government regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades.

15. POSSESSION PRIOR TO COMPLETION

The Owner shall have the right to take possession…