834384sewerHaverford.pdf

ADVERTISEMENT

INSTRUCTION TO BIDDERS

FORM OF BID

GENERAL AND SPECIAL CONDITIONS

CONSTRUCTION SPECIFICATIONS

FORM OF AGREEMENT

FORM OF BONDS

LIST OF CONTRACT DRAWINGS

STANDARD DETAILS

HAVERFORD TOWNSHIP

DELAWARE COUNTY, PENNSYLVANIA

SANITARY SEWER LINING – VARIOUS AREAS

CONTRACT NO. SS-51

July 2026

PENNONI ASSOCIATES INC.

CONSULTING ENGINEERS

PHILADELPHIA, PA 19104

www.pennoni.com

PROJECT NO. HAVTT 13248

U:\Accounts\HAVTT\HAVTT13248 - Kathmere_Strathmore_Mill Repairs\RESOURCES\DRAFT SPECS\_Contract General Conditions.doc

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.

PAGE

TABLE OF CONTENTS NO.

A - ADVERTISEMENT A-1

B - INSTRUCTIONS TO BIDDERS B-1

C - FORM OF BID C-1

D - FORM OF GUARANTY D-1

BIDDER QUALIFICATION STATEMENT/ D-2 to D-10

RESPONSIBLE CONTRACTOR ORDINANCE REQUIREMENTS

BIDDER VERIFICATION OF COMPLIANCE WITH RESPONSIBLE D-11

CONTRACTOR ORDINANCE REQUIREMENTS

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-4

11. Shop Drawings E-4

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

13. Inconsistent Specifications and Drawings E-5

14. Use of Premises E-6

15. Possession Prior to Completion E-6

16. Changes in the Work E-6

17. Claims for Extra cost E-8

18. Disputes E-8

19. Materials and Workmanship E-9

20. Samples, Certificates and Tests E-9

21. Changes in Equipment and/or Materials E-10

22. Patents E-10

23. Warranty of Title E-10

24. The Owner's Right to do Work E-11

25. The Owner's Right to Terminate Contract E-11

26. Damages E-11

27. Engineers Status E-12

28. No Estoppel or Waiver of Legal Rights E-12

29. Safety and Health Regulations (OSHA) E-13

30. Remedies E-13

31. Indemnification E-13

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PAGE

F - SPECIAL CONDITIONS NO.

1. Contract Security F-1

2. Contractor's Insurance F-1

3. Special Coverage Terms F-3

4. Progress Schedule F-4

5. Location of Utilities F-4

6. Inspection of Work F-4

7. Use of Explosives (DELETED) F-5

8. Night, Weekend and Holiday Work F-6

9. Payment to Contractor F-6

10. Correction of Work After Final Payment F-9

11. General Guaranty F-9

12. Office Space (DELETED) F-9

13. Sanitary Facilities F-9

14. Water F-9

15. Electricity F-9

16. Lines, Grades and Construction Surveying F-10

17. Contract Standards Act F-10

18. Rates of Wages F-10A

19. Steel Products Procurement Act F-10B

20. Act 287 F-10B

21 Act 127 F-10B

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G - CONSTRUCTION SPECIFICATIONS

01001 SPECIAL PROVISIONS

01010 CONTRACTORS WORK

01015 PRE-CONSTRUCTION SURVEY

01025 MEASUREMENT AND PAYMENT

01310 CONSTRUCTION SCHEDULES

01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

01700 PROJECT CLOSEOUT

01720 PROJECT RECORD DOCUMENTS

02010 MAINTENANCE AND PROTECTION OF TRAFFIC DURING CONSTRUCTION

02550 CURED-IN-PLACE PIPE LINING SANITARY SEWER

H - FORM OF AGREEMENT H-1

CONTRACTORS RELEASE

STATEMENT OF SURETY

I - CONTRACT BOND I-1

FORM OF PERFORMANCE BOND

FORM OF LABOR AND MATERIALMEN'S BOND

FORM OF MAINTENANCE BOND

J - LIST OF CONTRACT DRAWINGS J-1

K – PUBLIC WORKS EMPLOYMENT VERIFICATION FORM K-1

L – SEXUAL HARASSMENT AND NON-DISCRIMINATION FORM L-1

M – RESPONSIBLE CONTRACTOR BIDDING REQUIREMENTS M-1

-c-

A. ADVERTISEMENT

TOWNSHIP OF HAVERFORD

1014 Darby Road Havertown, PA 19083

Sealed bids will be received by Haverford Township, via the PennBID Program (https://pennbid.bonfirehub.com) until 10:00 o'clock AM, prevailing time, on the 3rd day of

August 2026, at which time and place they will be publicly read for:

All documents and solicitation details are available at no cost at PennBID

(https://pennbid.bonfirehub.com)

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. 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.

Bids must be submitted unconditionally. No bidder may withdraw bid within SIXTY (60) days after the scheduled closing time for receipt of bids.

This project is subject to the Township’s “Responsible Contractor Bidding Requirements.” These requirements can be found on the Township website at https://ecode360.com/14964254.

Bidders' attention is called to Sections B.12 and B.13 of the Documents. Time is of the essence for the execution of this contract.

The Owner reserves the right to waive any informalities or to reject any or all bids.

The project involves the lining of various vitrified clay sanitary sewers with residential areas in the Township.

A-1

B-1

B. INSTRUCTIONS TO BIDDERS

1. BIDDER'S RESPONSIBILITY

Each bidder shall familiarize himself with all of the attached forms, Instructions, General

Conditions, Plans, Specifications, Drawings, et cetera (collectively “Contract Documents”), 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.

2. SUBMISSION OF BIDS:

Bids will be accepted on-line via the PennBID Program (https://pennbid.bonfirehub.com). It is the responsibility of the bidder to submit his bid prior to the time of opening. No bid shall be considered after the time set for the receipt of bids.

Bids shall be submitted on the electronic Form of Bid furnished at PennBID. Submission of paper bid forms by mail, hand-delivery, fax, e-mail or other method will not be accepted and shall not constitute a responsive bid.

3. ADDENDA:

The apparent three (3) low bidders shall be prepared to provide the original paper copy of all requested bid forms, including original signatures and seals within three (3) days of the bid opening to the offices of the Owner, if requested to do so by the Owner.

Bidders shall acknowledge receipt of all addenda which have been issued during period of bidding and agree that said bulletins shall become part of this contract.

4. BID GUARANTY:

Each Bid 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:

Sealed bids shall be accepted online at PennBID (https://pennbid.bonfirehub.com).

No bid will be considered unless submitted upon the electronic bid form for the project via

PennBID. The blank spaces in the bid 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 for which he proposes to do each part of the work contemplated.

B-2

The bidder shall submit his signed bid electronically in addition to attaching the associated signed forms. Bidder shall answer all questions associated with the bid.

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 to 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.

In the event 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 bid guaranty shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages.

B-3

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 Bid 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, electronically via PennBID, 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 electronically by an addendum duly issued electronically at

PennBID. A copy of all questions and responses may be downloaded or viewed at any time by each registered bidder. The Engineer and/or Owner will not be responsible for any other explanations or interpretations of the proposed documents.

8. BID OPENING PROCEDURE:

Sealed bids on projects, will be received by the Owner via the PennBID Program until the time stated in the "Advertisement" at which time all bids will be publicly read at the Township Building. 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 bid of any bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one bid in such manner as to make it appear that the bids 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 bid 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).

11. AWARD OF CONTRACT:

The Owner shall have the right to reject any or all bids 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, based on the

Base Bid or any combination of the Base Bid and any of the selected Add Alternates within the time period indicated herein under “ADVERTISEMENT” or if not specified, within 60 days of the bid opening.

B-4

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 or refuses or fails to proceed according to the Contract Documents, the Owner shall have the right to award the

Contract to the next lowest responsible bidder or to reject all bids and re-bid the Project.

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 bid, 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.

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 bids 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 bid 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.

15. REJECTION OF BIDS:

The right is reserved by the Owner at its discretion to reject any or all bids or parts thereof. Bids 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, or any other reason as the Owner shall determine. However, the Owner reserves the right to waive any defects or irregularities on bids.

B-5

16. SUB-SURFACE INFORMATION:

If a prospective bidder desires to make borings or soundings or to dig test pits at or near the site of the work he shall do so at his own expense subject to written approval of the Owner. Before making any excavations, borings or sounding or digging test pits the bidder shall check the records for any municipal, public utility, or privately owned structures that may be disturbed and notify the OWNER(s) of such structures forty-eight (48) hours in advance of starting work. In Pennsylvania, notification per PA One Call requires notice prior to start of work by calling

1-800-242-1776. Bidders must obtain OWNER’S or ENGINEER’S permission three (3) working days before making any borings and shall close bore holes and test pits.

C-1

THIS SET OF FORMS IS TO BE COMPLETED ELECTRONICALLY VIA PENNBID

C. FORM OF BID

TO: TOWNSHIP OF HAVERFORD

1014 Darby Road

Havertown, PA 19083

Gentlemen:

This bid is submitted in accordance with your advertisement inviting bids to be received until

10:00 AM on the 3rd day of August 2026 for:

Having carefully examined the Contract Documents together with all Addenda or Bulletins, as prepared by the Engineers, and being familiar with the various conditions affecting the work, (including those under the General Conditions which provide for the payment of liquidated damages to the owner, hereafter set at $500.00 per calendar day, in the event that the contract is not completed within the allocated time). The undersigned agrees to furnish all labor, materials and equipment to construct and complete within Seventy-Five (75) calendar days as set forth under the schedule outlined in Section 01001 of these specifications including all the necessary contract work, in accordance with said contract documents, for which the following units and/or lump sum prices are submitted.

By submission of this bid, the Contractor certifies that:

1. He has carefully examined the Contract documents, has examined carefully the site upon which the work is performed and has become familiar, by its own investigation, with the various conditions which may affect the performance of work.

2. He shall not at any time after the execution of this Contract set up any claims whatsoever based upon insufficient data or incorrectly assumed conditions, nor shall he claim any misunderstanding in regard to the nature, conditions or character of the work to be done under this Contract, and shall assume all risk resulting from any change in the conditions, which may occur during the progress of this work.

3. He assumes all risk as to the nature of the conditions to the area where work is to be performed under this Contract and any other unfavorable condition that may be encountered in the performance of that work. No plea of ignorance of conditions that exist or may exist hereafter, or any other difficulties that may be encountered in the work to be performed hereunder as a result of the failure of the Contractor to make basis for any claim whatsoever for extra work. If a perspective bidder desires to obtain any information with regard to the worksite or conditions, the Owner will afford such perspective bidder the opportunity, at bidder’s own expense to make any such site visits, evaluations or determination of the conditions.

C-2

List of Electronic Copies of Documents to be Uploaded with Bid

____ Form of Bid (C-1 through C-4)

____ Bid Bond with signed Bonding Company Form

____ Detailed list of similar projects completed within the last 5-years (see Section 01001, paragraph 1.2)

____ Form of Guaranty (D-1)

____ Bidder Qualification Statement / Responsible Contractor Certification (D-2 through D-10)

____ Bidder Verification of Compliance with Responsible Contractor Ordinance Requirements

(D-11)

____ Public Works Employment Verification Form (Section K)

____ Sexual Harassment and Non-Discrimination Form (Section L)

____ Responsible Contractor Bidding Requirements (Section M)

C-3

THE FOLLOWING BID SHEET IS FOR INFORMATIONAL PURPOSES ONLY.

ACTUAL BID SHEET IS POSTED ON THE PENNBID WEBSITE.

HAVERFORD TOWNSHIP

DELAWARE COUNTY, PENNSYLVANIA

SANITARY SEWER LINING – VARIOUS AREAS

CONTRACT NO. SS-51

ITEM

NO. QUANTITY DESCRIPTION

UNIT

PRICE TOTAL

A. BASE BID

51-1 1 L.S Lining of 8-inch Sanitary Sewer within Roadways

(MH. 310-18B6 to MH. 310-18B7 on Kathmere

Road and MH. 310-18C to MH. 310-18C2 on

Strathmore Road). Price complete, in place, for the lump sum of:

DOLLARS $

TOTAL BASE BID FOR CONTRACT SS-51

(Item 51-1 based on estimated quantities)

B. ALTERNATE 1

51-2 1 L.S. Lining of 8-inch Sanitary Sewer within Roadways

(MH. 310-18I to MH. 310-18I1 on Leedom Avenue).

Price complete, in place, for the lump sum of:

________________________________DOLLARS $_____________

TOTAL ALTERNATE 1 FOR CONTRACT SS-51

(Item 51-2 based on estimated quantities)

C. ALTERNATE 2

51-3 1 L.S. Lining of 8-inch Sanitary Sewer within Roadways

(MH. 310-18B to MH. 310-18B1 on Kathmere

Road). Price complete, in place, for the lump sum of:

DOLLARS $_____________

TOTAL ALTERNATE 2 FOR CONTRACT SS-51

(Item 51-3 based on estimated quantities)

C-4

THE FOLLOWING BID SHEET IS FOR INFORMATIONAL PURPOSES ONLY.

ACTUAL BID SHEET IS POSTED ON THE PENNBID WEBSITE.

HAVERFORD TOWNSHIP

DELAWARE COUNTY, PENNSYLVANIA

SANITARY SEWER LINING – VARIOUS AREAS

CONTRACT NO. SS-51

ITEM

NO. QUANTITY DESCRIPTION

UNIT

PRICE TOTAL

D. ALTERNATE 3

51-4 1 L.S. Lining of 8-inch Sanitary Sewer within Roadways

(MH. 310-18C2 to MH. 310-18C3 on Strathmore

Road). Price complete, in place, for the lump sum of:

TOTAL ALTERNATE 3 FOR CONTRACT SS-51

(Item 51-4 based on estimated quantities)

E. ALTERNATE 4

51-5 1 L.S. Lining of 8-inch Sanitary Sewer within Roadways

(MH. 310-18E to MH. 310-18F on Mill Road). Price complete, in place, for the lump sum of:

TOTAL ALTERNATE 4 FOR CONTRACT SS-51

(Item 51-5 based on estimated quantities)

(TO BE UPLOADED WITH BID)

D. FORM OF GUARANTY:

Accompanying this Bid 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 Bid 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

D-1

BIDDER QUALIFICATION STATEMENT

1. INTRODUCTION

1.1. This document must be included as part of the Bid submission. Failure to submit a fully completed and executed Bidder Qualification Statement may be considered justification for rejection of the bid.

1.2. This Bidder Qualification Statement is submitted with respect to the following project:

2. GENERAL INFORMATION

2.1. Name of Bidder: ______________________________________________________

2.2. Address of Bidder: ______________________________________________________

2.3. Telephone No.: ______________________________________________________

3. ORGANIZATIONAL BACKGROUND

3.1. Type of Organization:

□ Corporation □ Individual

□ Partnership □ Joint Venture

□ Other: ______________________

3.2. How long has your organization been in business:

a. As a Contractor: _______ years

b. As a Contractor engaged in construction work of the type proposed under this

Contract: ______ years

c. Under your current business name: ______ years

D-2

3.3. If the bidder is a corporation, complete this section:

a. Date & State of Incorporation: _____________________________

b. Names & Titles of Officers:

3.4. If the Bidder is other than a corporation, describe the structure of your organization including date of initiation as a business and list the principals involved:

3.5. What portions of the work (i.e. trades work items, etc.) included in the proposed contract will be performed by subcontractors?

D-3

4. WORK HISTORY

4.1. Attach or list the following information on similar projects which your organization has completed in the past five (5) years. Name and type of project, owner, engineer, contract amount, date of completion.

4.2. Attach or list the following information on similar project which your organization now has in progress. Name and type of project, owner, engineer, contract amount, scheduled date of completion.

D-4

4.3. Has your organization ever defaulted on or otherwise failed to complete any work under contract? If so, note the circumstances:

4.4. Has any officer, partner or principal of your organization ever been an officer, partner or principal of another organization which defaulted on or otherwise failed to complete any work under contract? If so, note the circumstances:

4.5. Provide the construction experience (length, type) of the principal individuals of your organization which would be assigned to perform the proposed work under this Contract:

D-5

5. RESPONSIBLE CONTRACTOR CERTIFICATION - RESPONSES IN THIS SECTION

REQUIRED WHEN BID AMOUNT IS $250,000 OR MORE.

5.1. Does your firm have all valid, effective licenses, registrations or certificates required by federal, state, county or local law, including by not limited to, licenses, registrations or certificates required to (a) do business in the designated local; and (b) perform the contract work it seeks to perform. These shall include, but not limited to, licenses, registrations or certificates for any type of trade work or specialty work which the firm proposes to self-perform?

5.2. Does your firm meet the bonding requirements for the contract, as required by applicable law or contract specifications and any insurance requirements, as required by applicable law or contract specifications, including general liability insurance, workers compensation insurance and unemployment insurance requirements?

5.3. Has your firm been debarred by any federal, state or local government agency or authority in the past three (3) years?

5.4. Has your firm defaulted on any project in the past three (3) years?

5.5. Has your firm had any type of business, contracting or trade license, registration, or other certification suspended or revoked in the past three (3) years?

D-6

5.6. Has your firm been cited for a willful violation of federal or state safety laws in the past three (3) years?

5.7. Has the firm or owners been convicted of any crime relating to the contracting business by a final decision of a court or government agency in the past ten years?

5.8. Has the firm, within the past three years, been found in violation of any law applicable to its contracting business, including but not limited to, licensing laws, tax laws, prompt payment laws, wage and hour laws, prevailing wage laws, environmental laws or others, where the result of such violation was the payment of a fine, back pay damages or any other type of penalty in the amount of $1,000 or more?

5.9. Will your firm pay all craft employees that it employs on the project the current wage rates and benefits as required under applicable federal, state, or local wage laws?

5.10. Does your firm participate in a Class A Apprenticeship Program for each separate trade or classification in which it employs craft employees and will continue to participate in such program or programs for the duration of the project?

For purposes of this section a Class A Apprenticeship Program is an apprenticeship program that Is currently registered with and approved by the U.S. Department of Labor or a state apprenticeship agency and has graduated apprentices to journeyperson status for a least three (3) of the past five (5) years.

D-7

5.11. If your firm is identified as the lowest responsible bidder or otherwise selected as the prospective awardee or as a subcontractor of an awardee, will you provide the appropriate documentation, as determined by Haverford Township, to verify it meets the requirements of the Responsible Contractor Ordinance for each trade or classification of craft workers it will employee on the project? This verification shall be provided prior to performance of work by the firm.

5.12. Does your firm have all other technical qualifications and resources, including equipment, personnel and financial resources, to perform the referenced contract, or will obtain same through the use of qualified, responsible subcontractors?

5.13. Will your firm will maintain all qualifications, resources and capabilities referenced in this certification throughout the duration of the project?

5.14. Will your firm notify Haverford Township within seven (7) days of any material changes to all matters attest to in this certification?

5.15. Does your firm understand that the Contractor Responsibility Certification required by this section shall be executed by a person who has sufficient knowledge to address all matters in the certification and shall include an attestation stating, under the penalty of perjury, that the information submitted is true, complete and accurate?

If a firm or a firm's subcontractor(s) fails to provide responses as required by this section, it shall be disqualified from bidding. No action of any nature shall lie against Haverford

Township because of its refusal to accept a bid for failing to provide information required by this section.

D-8

As part of the review process of at least 30 days, Haverford Township shall ensure that the required Contractor Responsibility Certification, the Subcontractor List, and the

Subcontractor Responsibility Certifications have been submitted and properly executed.

This section shall also be used for Subcontractors, when applicable.

A construction manager, general contractor or other lead or prime contractor shall not be permitted to use a subcontractor on any work for Haverford Township unless it has identified the subcontractor on its Subcontractor List and provided a Subcontractor

Responsibility Certification.

6. REFERENCES

6.1. Bonding Company ______________________________________________ And Agent

6.2. Bank ______________________________________________

6.3. Trade ______________________________________________

7. FINANCIAL STATEMENT

7.1. Attach a copy of a recent financial statement as prepared by your auditor.

8. CERTIFICATION

8.1. This Bidder Qualification Statement has been prepared on behalf of the following organization:

Name of Organization: ________________________________________

Name of Preparer: ________________________________________

Title of Preparer: ________________________________________

Date: ________________________________________

D-9

8.2. AFFIDAVIT

State of _____________________________, County of __________________________

I, __________________________________, being duly sworn, according to law, depose Name of Official and say that I am the _____________________________ of the above organization, and Position that the responses provided in the Bidder Qualification Statement, including any attachments thereto are true and correct to the best of my knowledge and belief.

Sworn and Subscribed________________________________________ Signature of Official

To before me

This _________ day of ________, 20_____

Notary Public

D-10

BIDDER VERIFICATION OF COMPLIANCE WITH

RESPONSIBLE CONTRACTOR ORDINANCE REQUIREMENTS

I, __________________________, in my capacity as the _________________________ for the company, ______________________________________ (“Bidder”), hereby declare under the penalty of perjury, pursuant to 18 Pa.C.S. § 4904, that I have personal knowledge that the Bidder fulfills all of the requirements of the “Responsible Contractor Bidding Requirements” as outlined in Chapter 4, Part

10 Fiscal Affairs, Article XXXI, Procedures, Rules and Regulations, Subsection §4-1008e.(4)

“Responsible Contractor Bidding Requirements”, of the Township of Haverford Code, including the requirement that the Bidder participates in a Class A apprenticeship program for each separate trade or classification in which the Bidder employs craft employees and that the Bidder shall continue to participate in such program or programs for the duration of the project. I understand that a Class A apprenticeship program is an apprenticeship program that is currently registered with and approved by the United States Department of Labor or a state apprenticeship agency and has graduated apprentices to journeyperson status for a least three of the past five years.

Signature: ________________________________

Date: ________________

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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 is designated by the OWNER on the contract contained herein.

The CONTRACT DOCUMENTS consist of the Advertisement, Instructions to Bidders, Form of Bid, 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 (not withstanding 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.

The Contractor shall at his own expense, secure and pay to the appropriate department of the

Local Government the fees, or charges for all permits required by the local regulatory body or any of its agencies.

Permits for the opening and/or occupation of Township or Borough roads shall be obtained by the Contractor and State Highway permits shall be obtained by the Owner. However, all inspection fees and/or any other charges shall be borne by the Contractor, whether same is billed directly to him or to the Owner. Should any such bill be left unpaid by the Contractor, the Owner shall be empowered to pay such bills and the cost thereof deducted from any monies due or to become due the Contractor.

Whenever the proposed construction requires a sales, consumers use, or other similar tax, the contractor shall pay for same.

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.

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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.

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 review, 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' review 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 Contract and 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, as well as 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 take possession of and utilize in completing the work any materials, tools, equipment and plant on the site of the work as necessary to complete the project.

If the work is not 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.

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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.

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 bid, and unless otherwise ordered in writing, shall be performed or furnished.

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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. No material of any kind may be stored on Borough, Township or State Roads.

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 or use any completed or partially completed part of the work, but such possession or use shall not be deemed an acceptance of any work not completed in accordance with the Contractor.

16. CHANGES IN THE WORK

The Owner may make changes in the scope of the work required to be performed by the Contractor under the Contract or make additions thereto, or omit work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise in writing by the Owner.

Except for the purpose of affording protection against endangering life or property, the

Contractor shall make no changes in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services, or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Owner authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract price will be valid unless so ordered.

Where applicable, when unit prices are contained in the Bid, the Owner may order the Contractor to proceed with desired changes in the work. The value of such changes are to be determined by the measured quantities involved and the applicable unit prices specified in the Contract. The

Owner shall, before ordering the Contractor to proceed with desired changes, request an itemized bid from him covering the work involved in the change, following which the procedure shall be as follows:

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If the bid is acceptable, the Owner will prepare the change order in accordance therewith for acceptance by the Contractor and;

If the bid is not acceptable, and prompt agreement between the two parties cannot be reached, the

Owner may order the Contractor to proceed with the work on a COST OF WORK basis.

Payment under COST OF WORK will be for the actual and necessary direct cost of the work in accordance with the orders of the Engineer, and in addition thereto the percentage of such cost hereafter stated. "Actual and necessary direct cost" shall be deemed to include the following:

(1) The actual expenditure for labor for the time actually engaged in the work, including the distributed cost of foreman in direct charge of such labor and insurance, taxes and other payments applicable to such labor.

(2) The actual expenditure for materials used up or incorporated in the work.

(3) A reasonable hourly, weekly or monthly rental as applicable, as determined by the Engineers, for use of motor trucks and special equipment such as power-operated shovels, cranes, drills, paving breakers, etc. (but not including small hand tools), at a rate not to exceed the current local rate charged for the type of equipment used, for the time that such equipment is required on the work for the performance of COST OF WORK EXCLUSIVELY. The rental price shall be for the equipment provided on the work and shall include transportation to and from the work, fuel, power, lubricants, operating tools, repairs, depreciation, replacements, and the sharpening of drills and other tools required to keep them in the best working condition.

To the actual and necessary direct cost of the work done under COST OF WORK as noted above, fifteen (15) percent will be added to the expenditure for labor as set forth in sub-paragraph (1) above and…