Specifications

the Borough or its representatives, constitutes an acceptance of a Bid. The acceptance of a Bid shall bind the
successful Bidder to perform on the resultant purchase order.
When vendors and/or contractors propose equal pricing (or tie bids), bids will be reviewed by the Purchasing
Officer to determine responsiveness. If all requirements for the bid being responsive are met, then the award
or recommendation of the award will be made in favor of the bid which received the earliest time stamp prior
to bid opening.
10. INSURANCE
See insurance requirements contained within the Terms and Conditions.
11. ESTIMATES OF QUANTITIES APPROXIMATE ONLY
It is expressly agreed that the quantities shown in the Bid Form, whether for a "Unit Price Bid" or in
connection with a "Lump Sum Bid" given under the heading "Bid Form"' are approximate only for use as a
basis for comparison of Bids and are not to be taken to be either representations or warranties. The Owner
does not expressly, nor by implication, agree that the actual amount of work will correspond therewith.
12. EXECUTION OF AGREEMENT
The Bidder whose Bid is accepted shall be issued a purchase order. The Bidder shall furnish the required
insurance within five (5) working days after Notice of Intent to Award is issued if required. The purchase
order shall be considered fully executed when the purchasing officer signs the purchase order. The purchase
order shall be governed by the terms and conditions set forth within this solicitation.
13. CONTRACTOR'S WARRANTY
All work under the Agreement shall be under warranty by the Contractor for one year from the Final
Acceptance Date except when a different period is identified in the SPECIAL PROVISIONS. This warranty shall
require the Contractor to remedy promptly, without cost to the Owner, any and all defects in material and
workmanship including any consequential damages resulting from defective materials or workmanship. If the
defect, in the opinion of the Borough Representative, is of such nature as to demand immediate repair, the
Borough shall have the right to take corrective action and the cost thereof shall be borne by the Contractor.
14. CONTRACTORS' VIOLATIONS OF TAX OBLIGATIONS
A. No Agreement shall be awarded to any individual, firm, corporation, or business who is found to be
delinquent in any area of taxation, lease, land payment, or rental agreement, with the Borough which
has not been remedied within 10 calendar days of receipt of written notice.
B. The Agreement can be terminated for cause if it is determined that the individual, firm, corporation, or
business is in arrears of any taxation, lease, land payment, or rental agreement, that is due to the
Borough that is not remedied within 10 calendar days of notification by regular mail.
C. The Borough reserves any right it may have to offset amounts owed by an individual, firm, corporation
or business for delinquent Borough taxes, lease, rental agreement, or land sale payments, against any
amount owing to the same under an Agreement between the Borough and the same.
15. BID PROTESTS
Within two days of service of the purchasing officer’s determination of the apparent successful bid, a bidder
who wishes to protest the determination shall lodge a protest with the purchasing officer. The protest shall be
in writing on a form provided by the purchasing officer. The protest shall describe with particularity the