Division 1
[Division 1, Fortes and Drawings, is on file in the township offices and is available for inspection during regular business hours.]
GENERAL REQUIREMENTS AND COVENANTS
In case of conflict with thus chapter, the provisions of this chapter shall apply It is understood and agreed that everything herein contained as well as the proposal or bid and the special requirements are hereby made part of these specifications
Wherever in these specifications the following words and expressions, or pronouns used in their stead, occur, they shall have the meanings here given
A. The written agreement between the contractor and the municipality covering the performance of the work; the time of performance of-the work, the methods of payment, the responsibilities and liabilities pertaining to the work and the furnishing of materials in the construction of the project
B. The "contract" shall include, in part or all, the proposal Drawings, specifications, performance bond or escrow account, contract bond, additional bond for labor and materials and notice to proceed, also, any and all supplemental agreements which reasonably could be required to complete the construction of the project in a substantial and acceptable manner
CONTRACT OR PERFORMANCE BOND - The approved form of security furnished by the contractor and his surety as a guaranty of good faith on the part of the contractor to execute the work in accordance with the terms of the specifications and contract
ROAD OR STREET --- The entire area between right-of-way hues, including additional area required for slopes or drainage easements, as proposed for dedication or as ordained, specified or shown on the approved construction drawings
ROADWAY - That portion of the road or street included between the gutters, side ditch lines, back of curbs or outside shoulder lines reserved for the accommodation of the traveling public and providing vehicular and pedestrian access to adjacent properties
AASHO - American Association of State Highway Officials
ASTM -- American Society for Testing Materials
PDH SPECS -- Pennsylvania Department of Transportation Specifications, Form 408 (current issue)
(Applicable to improvements initiated by the municipality only.)
1.2.1 General information for bidders.
Proposal forms will specify the place to which they must be delivered, the date, time and place of opening of proposals, the location and a description of the project to be constructed, and will show the approximate quantities of work to be performed and materials to be furnished, the working time in which the project must be completed, the amount of the proposal guaranty and any special requirements pertaining to the particular project which may vary from, or are not contained in, the standard specifications All papers bound with or attached to the proposal forms are a necessary part thereof and shall not be detached Proposals and drawings may be acquired after the advertisement at the offices of the municipality, and in most cases the drawings and specifications may be viewed, explained and interpreted at the office of the Engineer
1.2.2 Qualification of bidders.
The bidder will be required to show that he is capable of performing the class of work contemplated and upon request of the Manager shall furnish the following information
(a) A sworn statement showing his proposed plan for performing the work and equipment available to him for such a purpose
(b) A sworn statement of his experience in performing work of the type or character for which his bid is submitted
(c) A sworn financial statement showing the bidder's assets and liabilities Such statement shall show the assets and liabilities for the period not in excess of ninety (90) days prior to the date bids are opened In order to qualify financially it will be necessary for the bidder to show ownership of current assets over and above the current liabilities or his ability to procure current assets from fixed assets, or otherwise, in an amount equal to at least twenty percent (20%) of the bid price In computing net assets, -- no--credit will be allowed for equipment, machinery or tools nor will any charge be made for any equipment acquisition liabilities
These forms shall be furnished by the bidder within ten (20) days after request is made by the municipality, unless an extension of time is granted by the municipal officials in writing.
The bidder may be required to submit such additional evidence of his qualifications as may be deemed necessary by the engineer
Any bidder may submit his qualification statements before the date fixed for opening of bids on the project for which his bid is to be submitted, and provided that his statements are submitted a sufficient time before such date, his qualifications will be approved or disapproved and he will be advised accordingly In the event that qualification statements so submitted are disapproved, the bidder may, upon the written request to the engineer, have his bid withdrawn any time up to the hour specified on the date of the opening of bids
In the event that the bidder fails, refuses or neglects to submit the required questionnaire forms within the time specified or fails to qualify as a responsible bidder, his proposal guaranty may be forfeited to the use of the township, not as a penalty, but as liquidated damages
All foreign corporations, and individuals or firms doing business under fictitious names, shall register with the Secretary of the Commonwealth of Pennsylvania before an award will be made to such corporation, individual or firm
1.2.3 Interpretation of approximate estimate of quantities.
The bidder's attention is called to the fact that the estimate of quantities of work to be done and materials to be furnished under these specifications, as shown on the proposal form and in the contract, is approximate and is given only as a basis of calculation upon which the award of the contract is to be made The municipality does not assume any responsibility that the quantities shall obtain strictly in the construction of the project, nor shall the contractor plead misunderstanding or deception because of such estimate of quantities or of the character of the work, location or other conditions pertaining thereto The Engineer reserves the right to increase or diminish any or all of the above-mentioned quantities of work or to omit any of them, as he may deem necessary, and such increase or decrease of the quantities given for any of the items shall not be considered as sufficient grounds for granting an increase in the unit prices bid, except in the case where the drawings have been modified through written agreement
1.2.4 Familiarity with proposed work.
The bidder is required to examine carefully the site of the project and the proposal, drawings, specifications and contract form for the work contemplated, and it will be assumed that he has judged for and satisfied himself as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of these specifications and the contract The municipality will make no allowance or concession for the lack of such information on the part of the contractor
The rate of slope lines shown on the cross sections are approximate only and are subject to revision and change by the engineer in accordance with the stability of materials or slides encountered during construction
Wherever subsurface materials information is indicated on the drawings based upon soundings, dug test holes and/or core borings, such information relative to the character of subsurface material has been secured for the exclusive use of the township designing the project, and this information is not to be considered part of the plans, cross sections and the contract nor as a factor for computation of prices bid. There is no expressed or implied agreement that the depths or the character of the material have been correctly indicated, and bidders shall take into account the possibility that conditions affecting the cost or quantities of worth to be done may differ from those indicated
1.2.6 Method and time of submitting proposals.
All proposals must be made upon the official forms, which forms will be furnished by the municipality to the bidder All bid prices must be written with ink, in words and figures in the blank spaces provided for each item where a quantity is given In case of discrepancy the written words will be considered as being the price bid The extensions and the total are only for the information of the municipality and will not be considered as a part of the proposal Proposals should be submitted in sealed envelopes furnished and shall be mailed or delivered to the office indicated in the proposal before the hour and date specified
More than one (1) proposal for a project shall not be submitted by an individual, a firm, a partnership, an association or a corporation under the same or different names If more than one (1) proposal for a project is submitted by an individual, a firm, a partnership, an association or a corporation under the same or different names, such bids will be rejected
1.2.6 Proposal guaranty for execution of contract.
Each proposal shall be accompanied by a proposal guaranty payable to the township to insure the exception of the contract by the bidder Such proposal guaranty shall be the depositor's check in the amount of five percent (5%) of the total amount of the bid certified to by the bank of deposit In lieu of a certified check, the bidder may submit a bid bond with corporate surety with the township named as obligee in the amount of at least five percent (5%) of the total amount of the bid The amount of the proposal guaranty is specified in the proposal
Proposal guaranties will be returned within three (3) days after bids are opened, excepting those which the Manager elects to hold until the award is made and the successful bidder qualified Thereafter, proposal guaranties, other than that of the qualified low bidder, will be returned at once The proposal guaranty of the bidder to whom the award is made will be held until the contract is signed by both parties thereto and approved by the municipality
1.2.7 Withdrawal of proposals.
Each and every bidder who submits a bid specifically waives any right to withdraw it, except as hereinafter provided Bidders will be given permission to withdraw any proposal after it has been deposited with the municipality, provided that the bidder makes his request by telephone, telegraph or in writing to the Manager All requests pertaining to the withdrawal must reach the office of the Manager not later than the day set for the opening thereof Requests by telephone or telegraph must be confirmed in writing, by the bidder in person or by an accredited personal representative of the bidder, before the hour specified on the day set in the proposal for the opening thereof
A.bidder shall be permitted to withdraw any bids which have not been read after he has been declared the low bidder on any other project In withdrawing bids, the bidder will make his request to the official in charge of the letting, either in person or by a duly authorized representative, who shall submit satisfactory credentials showing his authority to act for the bidder interested, at the time that the official in charge requests that any contemplated withdrawals be made and before any proposals on such project are read The proposal covered by such request will be returned to the bidder of his representative, together with the proposal guaranty submitted, and will not be considered thereafter by the municipality
1.2.8 Opening of proposals.
Proposals will be opened publicly and read at the time, on the date and at the place indicated in the proposal form Bidders or their authorized agents are invited to be present 1.2.9 Right to reject proposals.
The municipality reserves the right to reject any or all proposals as it may deem best for the interests of the township Proposals which contain any omissions, erasures, alterations, additions not called for, conditional bids or irregularities of any kind or proposals otherwise regular which are not accompanied by a certified check or bid bond may be rejected as informal Proposals in which the bid prices are obviously unbalanced may be rejected Proposals submitted jointly by a corporation and another corporation or by a corporation and a-partnership or individual will be rejected
1.2.10 Assigning of proposals.
No bidder shall assign his proposal or bid, or any of his rights or interest thereunder, without written consent of the Manager
(Applicable to improvements initiated by the municipality only.)
1.3.1 Award of contract.
When a bid received has been determined by the Manager to be satisfactory, a contract will be awarded to the lowest responsible bidder within thirty (30) days from the date of opening of proposals This time may be extended with the written consent of the bidder The municipality will base the award exclusively on the total results of computations of the estimated quantities and the prices bid
1.3.2 Failure to qualify.
No contract will be awarded except to a fully qualified responsible bidder
1.3.3 Cancellation of award.
The Manager reserves the right to cancel the award of any contract at any tune before its execution or before its approval as to form and legality by the Solicitor of the township
1.3.4 Execution of the contract.
The bidder to whom the award shall have been made must execute the contract and return it, together with properly executed bonds, to the office of the Manager with ten (10) days after having been notified so to do by the Manager If the bidder to whom the contract shall have been awarded fails, refuses or neglects to return the contract and bonds as herein provided, the amount of the proposal guaranty shall be forfeited to and retained by the township as liquidated damages for such neglect or refusal
No proposal shall be considered binding upon the township until the execution of the contract and its approval as to form and legality by the Solicitor of the township. If any proposal includes work to be contracted with more than one (1) agency, the contracts shall be entered into as stipulated therein
If the contractor executes his contract as herein provided and the contract is not executed by the municipality and approved by the Solicitor of the township within twenty (20) days after the executed contract is received from the contractor, the municipality, upon written request from the contractor, shall return to the contractor the certified check which accompanies his proposal In such event the award of the contract shall be considered as having been annulled
No proposal shall be considered binding upon the township until the execution of the contract and its approval as to form and legality by the Solicitor of the township If any proposal includes work to be contracted with more than one (1) agency, the contracts shall be entered into as stipulated therein
If the contractor executes his contract as herein provided and the contract is not executed by the municipality and approved by the Solicitor of the township within twenty (20) days after the executed contract is received from the contractor the municipality, upon written request from the contractor, shall return to the contractor the certified check which accompanies his proposal In such event the award of the contract shall be considered as having been annulled
1.3.5 Surety bonds.
The bidder to whom the contract is awarded will be required to execute a contract bond, covering satisfactory performance of the work contracted, in the penal sum of one-half (1/z) of the amount of the contract, and an additional bond for labor and materials, covering the prompt payment in full for utility services rendered and for all-materials furnished, and/or labor supplied or performed in the prosecution of the work, also in the penal sum of one-half (1/z) of the amount of the contract Both bonds must also be executed by a corporate surety satisfactory to the Manager The same surety must execute both bonds, and should any surety upon such bonds become unsatisfactory to the Manager, the contractor must promptly furnish such additional security as may be required from time to tune to protect the interests of the township and of persons, firms or corporations supplying utility services, materials and/or labor in the prosecution of the work contemplated by the contract
1.3.6 Cancellation of contract.
As soon as practicable after approval of the contracts and bonds by the Solicitor of the township, written notice will be given to the contractor to proceed with the work If said notice is not given within three (3) weeks after such approval and the delay is not caused by the contractor or weather conditions, the contract may be declared null and void by either party If, after said notice to proceed has been given or at any tune during the progress of the work, all of said work or all of the major controlling operations are delayed during any single period of time for more than ninety (90) consecutive calendar days, for any cause beyond the responsibility of the contractor other than adverse weather conditions, the Manager may enter into a severance agreement with the contractor covering postponement of the performance of part or all of the work for a specified period of time or may cancel the contract by notifying the contractor, in writing, of such action If a severance agreement is made it shall be executed by the contractor and the Manager and shall be approved by the surety and the Solicitor of the township
If the delay, as hereinbefore stated, has not been caused by the contractor or by adverse weather conditions, the contractor shall be paid in full for all work completed or partially completed, as provided in the specifications, in accordance with the terms of the severance agreement, or in the event of the cancellation of the contract, the contractor shall be paid in full, as provided in the contract, for all work done and completed in accordance therewith and he shall be paid a reasonable amount or amounts which shall be fixed or determined by the Engineer for work partially completed, but he shall not be paid any amount for loss of anticipated gain or profit on any work not performed or completed Nothing herein contained shall be in derogation of any rights or remedies vested in or available to the Manager by the terms of the contract
If the contractor does any work or incurs any expense in furtherance of the contract prior to receipt of the notice to proceed, such action shall be his sole responsibility
(Applicable to improvements initiated by the municipality only.)
1.4.1 Intent of drawings and specifications.
It is the intent to prescribe a complete project in full compliance with the approved drawings, these specifications, the contract proposal with special requirements therein and supplements attached thereto and contract, including all earthwork, base and surface courses, drainage structures and incidental construction as required The contractor shall furnish all materials, equipment, tools, labor and work incident thereto unless otherwise provided and shall be responsible for the complete supervision, performance and completion of all work in accordance with the original approved or revised drawings, specifications, special requirements and contract
1.4.2 Compliance with special requirements.
Should any construction or condition be anticipated on any project which is not covered by these specifications, the special requirements thereof will be stated in the proposal form, and any such special requirements shall be considered a part of these specifications as though they were fully contained herein Should any such special requirement and/or special notes on the drawings conflict with any of the provisions of these specifications, the special requirements stated in the proposal form and/or notes on the drawings shall govern
1.4.3 Minor changes in drawings.
The Engineer may male such minor changes in the drawings as are deemed necessary by him to complete more fully the project or any part hereof, provided, however, that they are of a character as not to affect materially the unit cost of the work involved The contractor will be paid for said work at the contract unit prices
1.4.4 Public convenience and safety.
Suitable and sufficient barricades, warning signs, lanterns, red flags, torches and/or approved reflectors shall be placed by the contractor to adequately protect the work under construction from damage and the traveling public from accident and unnecessary inconvenience
1.4.5 Expansion material around structures.
Where rigid-type structures abut other rigid structures or other structures of a rigid nature which have a tendency for displacement, as in the case of a sidewalk abutting a curb, approved premolded expansion joint material not less than one-half (1/z) inch in thickness for the full depth of the rigid structure shall be placed at the jointure
1.4.6 Cleaning site of project.
Before the work will be considered as having been completed, the contractor shall clean and remove from the project all surplus and discarded materials, equipment, temporary structures and debris Upon the completion of the satisfactory cleaning as approved by the Inspector, the contractor shall notify the township in writing of his desires to obtain a semifinal inspection This letter or request shall be directed to the Manager, who shall make all necessary arrangements with the Engineer and other official to conduct this inspection
