UPPER MAKEFIELD TOWNSHIP

1076 EAGLE ROAD

NEWTOWN, PENNSYLVANIA 18940

CONTRACT DOCUMENTS

FOR

HERITAGE HILLS WASTEWATER TREATMENT PLANT

DISCHARGE INTERCONNECTION

BUCKS COUNTY, PENNSYLVANIA

JUNE 2026

ARRO CONSULTING, INC.

4259 W. SWAMP ROAD, SUITE 410

DOYLESTOWN, PA 18902

CONTRACT NO. 6715-11A – GENERAL

CONTRACT NO. 6715-11B – ELECTRICAL

INDEX

TITLE SECTION

Notice to Bidders NB

Location Map --

Form of Proposal FOP

Bidder's Qualification Statement BQS

Bid Bond BB

Non-Collusion Affidavit NCA

Public Works Employment Verification PWEV

Agreement A

Bonding and Insurance Requirements BI

Performance and Maintenance Bond PMB

Labor and Material Payment Bond LMP

Prevailing Minimum Wage Predetermination --

General Conditions --

Construction Specifications CS

Section I – Supplementary Conditions Section II – Materials Section III – Excavation and Backfill Section IV – Installation of Pipe and Piping Appurtenances Section V – Precast Concrete Valve Vault Section VI – Restoration Section VII – Erosion and Sedimentation Control Section VIII – Measurement and Basis of Payment Section IX – Eccentric Plug Valves Division 26 – Electrical Division 40 – Process Integration

NB-1

NOTICE TO BIDDERS

Sealed bids will be received by Upper Makefield Township, hereinafter generally referred to as the Township until 10:00 AM on July 20, 2026 (Prevailing Time) via the PennBID Electronic Document and Bid Management Program and opened shortly thereafter. All documents and solicitation details will be available any time at https://pennbid.bonfirehub.com. Bidders must register (a free process), then click on the “Portal,” then “Open Public Opportunities” tabs.

IN

UPPER MAKEFIELD TOWNSHIP, BUCKS COUNTY, PENNSYLVANIA

CONTRACT NO. 6715-11A – GENERAL CONSTRUCTION

CONTRACT NO. 6715-11B – ELECTRICAL CONSTRUCTION

This project involves the installation of a precast concrete chamber, piping and fittings, automated valves, connections to existing piping, providing and installing electrical service and automated controls.

Prospective bidders are advised that access to the project site to inspect the existing site conditions will be limited to the following date(s) and time(s):

1. Tuesday, June 30, 2026 10:00 AM – 11:00 AM

2. Wednesday, July 1, 2026 10:00 AM – 11:00 AM

The Heritage Hills Wastewater Treatment Plant is located at 1135 Taylorsville Road in Washington Crossing, PA 18977. Prospective bidders shall contact ARRO Consulting, Inc.

between 8:00 A.M. and 4:00 P.M. at (215) 340-0600, and provide at least 24 hours’ notice of the desire to make an inspection during the allotted time period. The Township reserves the right to limit access to the Water Storage Tank site to these time periods and shall not provide access at any other time.

Bids must be made on the forms furnished by the Township and must be accompanied by a certified check, bank draft or bid bond issued by a surety company licensed to conduct business in the Commonwealth of Pennsylvania, in the amount of at least ten percent (10%) of the total price bid made payable to the Township.

The bidder’s attention is called to the fact that the Pennsylvania Prevailing Wage Act and the Pennsylvania Public Works Employment Verification Act apply to this Contract if the estimated cost of the project is in excess of $25,000. The successful bidder shall pay no less than the wage rates determined for the project area as set forth in the Contract Documents. The successful bidder must also ensure that employees and applicants for employment are (a) https://pennbid.bonfirehub.com/

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not discriminated against because of their race, color, religion, sex or national origin, or on any other basis on which discrimination is prohibited by any applicable federal, state or local laws and, (b) legally authorized to work in the United States.

The successful bidder will be required to furnish separate bonds with corporate surety issued by companies authorized to do business in the Commonwealth of Pennsylvania on the prescribed forms dated the date of the Contract, or separate Federal or Commonwealth chartered lending institution irrevocable letters of credit in a form accepted and approved by the Township, or separate restrictive or escrow accounts with such lending institutions pursuant to an escrow agreement accepted and approved by the Township, each equal to one hundred percent (100%) of the Contract amount, to secure (a) the faithful performance and maintenance of the Contract; and (b) the prompt payment of materials and labor.

Bidders are advised that all applicable provisions of the Occupational Safety and Health Act (Public Law 91-596, dated December 29, 1970, latest revision) shall be strictly adhered to on this project.

Bids must be accompanied by a completed Bid Form, Bidder’s Qualification Statement, electronic copy of Bid Bond, executed Non-Collusion Affidavit and Public Works Verification Form as set forth in the Contract Documents.

Award of Contract, if a contract be awarded, will be to the lowest responsible bidder, but the Township reserves the unqualified right to reject any or all bids and to waive any informalities.

The Township also reserves the right to delete any "item" or portion of an "item" contained in the Contract at its discretion, once bids are received.

Prior to awarding the Contract, bids may be held by the Township for a period not to exceed sixty (60) days from the date of the bid opening for the purpose of reviewing the bids and investigating the qualifications of bidders. During this period, no bid may be withdrawn.

Gregg Schuster Township Manager Upper Makefield Township

LOCATION MAP

burns Rectangle

FOP-1

FORM OF PROPOSAL

TO: Upper Makefield Township

1076 Eagle Road Newtown, Pennsylvania 18940

FOR SUPPLYING ALL EQUIPMENT, MATERIAL AND LABOR NECESSARY

FOR

UPPER MAKEFIELD TOWNSHIP, BUCKS COUNTY, PENNSYLVANIA

Pursuant to, and in compliance with, your advertisement inviting proposals for "Heritage Hills Wastewater Treatment Plant Discharge Interconnection," Contract No.

6715-11A – General Construction and Contract No. 67158-11B – Electrical Construction, and having carefully examined the Contract Documents comprised of specifications, and all other documents bound herewith, together with all addenda and bulletins thereto, and being familiar with the site and the various conditions affecting the work, the undersigned bidder hereby offers to furnish all plant, labor, materials, supplies, equipment and other things necessary or proper or incidental to the work required by, and in strict accordance with, applicable provisions of the Construction Specifications and of all addenda or bulletins issued by Upper Makefield Township and forwarded to the undersigned prior to the date for the opening of bids, whether received by the undersigned or not, for the unit prices and amounts set forth in the following Bid Cost Schedule:

FOP-2

BID COST SCHEDULE

ITEM

NO.

*DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL ITEM

PRICE

Provide and install precast concrete chamber with aluminum hatch, pipe penetrations, excavation and backfill, complete in place

LS LS LS

Modify existing force main piping to allow for new connections, provide and install additional pipe, pipe fittings and automated valves, reconnect to existing piping, including excavation and backfill, complete in place

LS

LS LS

TOTAL BID AMOUNT

Written Amount

DOLLARS $_______________________

*See “Measurement and Basis of Payment,” for a complete description of each pay item.

FOP-3

BID COST SCHEDULE

ITEM

NO.

*DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL ITEM

PRICE

Provide and install specified electrical power and control panels, wiring and conduit. Connect existing flowmeter to control system, complete in place

LS LS LS

TOTAL BID AMOUNT

Written Amount

DOLLARS $_______________________

*See “Measurement and Basis of Payment,” for a complete description of each pay item.

CKS ENGINEERS

FOP-4

The bidder understands that the determination of quantities for "Lump Sum" work is his responsibility and that determination is presented solely for the purpose of comparing bids. For "Unit Price" items, he understands and agrees that the Township may increase or decrease the quantity of work to be done under any item, or eliminate work entirely under the item(s). He further agrees that in case of any error or inconsistency in the figures contained in the proposal, the lump sum and unit prices shall govern, and that if his proposal is accepted, the lump sum and unit prices contained in the proposal are the prices which he will receive and which the Township will pay for the work specified to be done under the items, in the manner set forth and required by the Contract Documents, without recitation or repetition of said lump sum and unit prices in the Contract Agreement.

Accompanying this proposal is a certified check ( ), bank draft( ) or bid bond ( ) in the amount of ten percent (10%) of the TOTAL BID AMOUNT proposed under the above Bid Cost Schedule, payable to Upper Makefield Township, Bucks County, Pennsylvania, which it is agreed will be forfeited to said Township if the undersigned fails to furnish, after notification of intention to accept this proposal, on or before the date set for the award of contract(s), separate satisfactory financial security (consisting of separate bonds with corporate surety issued by companies authorized to do business in the Commonwealth of Pennsylvania on the prescribed forms dated the date of the Contract, or separate Federal or Commonwealth chartered lending institution irrevocable letters of credit in a form accepted and approved by the Township, or separate restrictive or escrow accounts with such lending institutions pursuant to an Escrow Agreement accepted and approved by the Township), each equal to one hundred percent (100%) of the awarded Contract amount, to secure (a) the faithful performance and maintenance of the Contract; and (b) the prompt payment of materials and labor, or fails to execute the Agreement in conformance with the forms incorporated in the Contract Documents and furnish required insurance policies within seven (7) calendar days from the mailing of the notice of acceptance to the undersigned.

Financial security for subsequent years of the Contract, as well as updated insurance policies, which are consistent with the aforementioned requirements, shall be submitted to the Township a minimum of thirty (30) calendar days in advance of the next Contract Year.

The bids received will be compared on the basis of the products of the quantities of items listed at the unit prices bid. In case of a discrepancy between the totals shown in the bid proposal and that obtained by adding the products of the quantities of items at the unit prices, the unit prices as written in the proposal shall govern. Should a unit price be omitted in the bid proposal for an item, the total item price shall govern and the unit price shall be determined to be the quotient of the total item price by the estimated quantity. The Township reserves the right to correct all such errors or omissions.

In submitting this proposal, it is understood and agreed by the undersigned that the unqualified right is reserved by the Township in its sole and absolute discretion, to accept any proposal or to reject any or all proposals and to waive defects or irregularities in any bid.

It is further understood and agreed by the undersigned that any qualifying statements or conditions made by him to the above proposal as originally published, as well as any interlineation, alterations, erasures, omissions or entered wording obscure as to its meaning, may cause the bid to be declared irregular and may be cause for rejection of the bid.

FOP-5

If awarded a contract under this proposal, the undersigned (Contractor) agrees to start work at the site within seven (7) days after the date of written "Notice to Proceed." The undersigned further agrees to complete fully all work covered by the proposal to the point of final acceptance by the Township within the applicable calendar year specified after the date of said "Notice to Proceed." Should Contractor fail to complete all work or any part of the work by the specified completion date, then the Township shall assess a liquidated penalty in the amount of two hundred fifty dollars ($250) per calendar day for each day the project remains incomplete. In addition to the liquidated penalty, Contractor shall be liable for all costs and fees incurred by the Township, due to the overrun. These costs and fees include, but are not limited to, legal fees, engineering fees, inspection fees, insurance costs, administrative costs, interest and debt service charges. The liquidated penalty charged against the Contractor shall be increased by fifty dollars ($50) per day for every two (2) weeks that the project remains incomplete. The total cost of the liquidated penalty and the additional incurred costs shall not exceed $500 per day. Should the overrun last thirty (30) days, then the Township shall be entitled to obtain, from a Court of competent jurisdiction, injunctive or other equitable relief restraining Contractor from entering into any new contracts or beginning any new projects until the project which it undertook for the Township is fully completed. Contractor shall be liable to the Township for any and all monies spent in obtaining said injunction including, but not limited to, attorney's and engineer's fees.

Additionally, should the overrun last sixty (60) days, then the Township, upon five (5) days' written notice, may dismiss Contractor. Should the Township dismiss Contractor pursuant to this Agreement, then the Contractor shall indemnify the Township for all costs incurred including, but not limited to, the costs and fees of retaining a new contractor.

The undersigned understands and agrees that the Township has the right to defer issuance of a "Notice to Proceed" for a period not to exceed thirty (30) days after the date of execution of the Agreement.

Payment for all work called for on the Contract Drawings and in the Construction Specifications or required for proper completion of the work under this Contract and not specifically mentioned in the Construction Specifications or noted on the Detail Drawings, will be considered as covered by the lump sum or unit prices, and no extra payments will be allowed therefore.

The undersigned certifies this proposal is in all respects genuine and not sham or collusive, nor made in the interest or in the behalf of any person, firm or corporation not herein named, and that there has been no attempt on the part of the undersigned by collusion to secure an advantage over any other bidder. The bidder must submit an executed copy of the NON-COLLUSION AFFIDAVIT which is attached hereto these Contract Documents in conjunction with this proposal.

The undersigned acknowledges receipt of the following addenda to the Contract

Documents:

FOP-6

ADDENDUM

DATED

This bid may be withdrawn at any time prior to the scheduled time for opening of bids or any authorized postponement thereof.

FOP-7

TO BE COMPLETED BY BIDDER:

Date:

NAME OF BIDDER:

(Check One) Individual Partnership Corporation

By:

(Name and Title of Officer Authorized to Execute Proposal)

IF CORPORATION: Incorporated in Pennsylvania Yes No

If not incorporated in Pennsylvania, statement of qualification to do business in Pennsylvania must be attached to and made part of this proposal.

OFFICIAL ADDRESS:

(Zip Code)

TELEPHONE NUMBER: Area Code ( )

ATTEST:

(Seal)

(Name and Title)

BQS-1

BIDDER'S QUALIFICATION STATEMENT

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

This Bidder's Qualification Statement is submitted with respect to the following project:

The undersigned certifies, under oath, the truth and correctness of all statements and of all answers to questions made hereinafter.

TO: PROJECT OWNER

Upper Makefield Township 1076 Eagle Road Newtown, Pennsylvania 18940

Submitted by: Corporation

Name: Partnership

Address: Individual

Principal: Joint Venture

Other

1. Number of years your organization has been in business as a contractor.

2. Number of years your organization has been engaged in construction work of the type proposed under this Contract.

3. Number of years your organization has been in business under its present business name.

4. If a corporation, answer the following:

a. Date of incorporation:

BQS-2

b. State of incorporation:

c. President's name:

d. Vice President's name(s):

5. If individual or partnership, answer the following:

a. Date of organization:

b. Name and address of all partners: (state whether general or limited partnership)

6. If other than corporation or partnership, describe organization and name principals:

7. We normally perform % of the work with our own forces. List the portions of the work (i.e. trades, work items, etc.) included in the proposed Contract that will be performed by Subcontractors. Also list the name of the Subcontractor to perform that portion of work and the Subcontractor's address and telephone number.

Failure to satisfactorily complete this section may result in disqualification of the bidder:

PORTION OF

WORK

SUBCONTRACTOR

NAME

ADDRESS

TELEPHONE NUMBER

BQS-3

8. Have you ever failed to complete any work awarded to you? If so, note when, where and why.

9. List name of project, owner, architect, telephone contact numbers, contract amount, percent complete, any claims filed by subcontractors/suppliers and scheduled completion of comparable projects your organization has in progress on this date:

10. List names of pending projects for which contracts are executed, or Notice of Award is pending, but construction has not begun. Include name, type of project, owner, dollar amount, anticipated start and completion dates, engineer and telephone contact numbers:

11. List the names of at least five (5) projects of similar type (i.e. treated water discharge piping, installation of automated valves, etc.) and magnitude completed by your organization within the past four (4) years, the names of the owners, telephone contact numbers, respective contract amounts, dates of completion and the percent of work performed with own forces. Failure to satisfactorily complete this section may result in disqualification of the bidder:

BQS-4

12. List all projects contracted by your organization within the past four (4) years, the names of the owners, telephone contact numbers, respective contract amounts, dates of completion and the percent of work performed with own forces. Failure to satisfactorily complete this section may result in disqualification of the bidder:

13. List the construction experience (length and type) of the principal individuals of your organization who would be assigned to manage and supervise the proposed work under this Contract:

14. The below questions are designed to elicit information regarding your organization’s recent experience with claims arising from construction contracts. Please attach a separate sheet to your bid with the heading of "claims history." On that sheet, you should provide the following information.

(1) Has your organization filed any lawsuit or request for arbitration with regard to a construction contract within the last five (5) years?

(2) If so, please list the name, address and telephone number of any entity against whom a claim was made and briefly explain the basis and resolution of the claim.

(3) Has anyone with whom you have entered into a construction contract in the last five (5) years filed any lawsuit or requested arbitration for a claim arising from said contract?

BQS-5

(4) If so, please list the name, address and telephone number of the entity, the court term and number of any litigation filed therein, and briefly explain the basis of the claim and resolution thereof.

15. Provide the following references:

a. Bonding Company:

b. Bonding Agent: Phone #

c. Insurance Company:

d. Insurance Agency: Phone #

e. Bank (include name and contact):

f. Credit References (major material supplier):

16. Provide a copy (attach to this document) of a recent financial statement, as prepared by your auditor.

17. CERTIFICATIONS

a. This Bidder's Qualification Statement has been prepared on behalf of the following organization:

Name of Organization:

Name of Preparer:

Title of Preparer:

Date:

BQS-6

b. AFFIDAVIT

State of , County of , I, , being duly sworn

(Name of Official) according to law, depose and say that I am the

, of the above (position) organization, and that the responses provided in the Bidder's Qualification

Statement, including any attachments thereto, are true, complete and correct to the best of my knowledge and belief.

(Signature of Official)

SWORN AND SUBSCRIBED

TO BEFORE ME

this date of , 20 .

NOTARY PUBLIC

BB-1

BID BOND

Know ALL MEN BY THESE PRESENTS, that we _ ___________________

AS PRINCIPAL and ___________________________________________________

__________________________________, of the City of ______ ________

State of ____________________________, a corporation existing under the laws of the State of _ ____________________ ____, and authorized to transact business in the Commonwealth of Pennsylvania, AS SURETY, are held and firmly bound unto UPPER MAKEFIELD TOWNSHIP, BUCKS COUNTY, PENNSYLVANIA, hereinafter called the OBLIGEE in the sum of _______________________________________Dollars

($_________) lawful money of The United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal or bid dated

________________________________________, for HERITAGE HILLS WASTEWATER

TREATMENT PLANT DISCHARGE INTERCONNECTION (CONTRACT NO. 6715-11A –

GENERAL CONSTRUCTION, CONTRACT NO. 6715-11B – ELECTRICAL CONSTRUCTION).

BB-2

NOW THEREFORE, the condition of this Bond shall be such that if the Principal shall furnish to the Obligee bonds with good and sufficient surety and insurance certificates and copies of the policies as may be required by the Contract Documents, and upon due acceptance of said Proposal and award of a contract to him by the Obligee, shall execute and deliver the Agreement, within the times, in the forms and in the amounts appropriate, required by the Contract Documents, then this Bond shall be void; otherwise, this Bond shall be and shall remain in full force and effect.

The Principal and the Surety agree to pay the Obligee the difference between the amount of said proposal, as accepted by the Obligee, and any higher amount for which the required work shall be contracted for by the Obligee, together with any additional advertising costs, Engineer's fees, legal fees and any and all other fees and expenses incurred by the Obligee by reason of the failure of the Principal to enter into such Agreement with the Obligee, or to furnish such bonds, or to furnish such insurance certificates and copies of the policies; provided, however, that: (1) the obligation of the surety shall not exceed the stated principal amount of this Bond; and (2) if the Obligee should not procure an executed contract with any other person for the performance of the work contemplated in said proposal, as accepted by the Obligee, upon the same terms and conditions, other than price as provided in the Contract Documents, within the period provided in the Contract Documents during which no proposals of bidders may be withdrawn, whether because of the lack of other proposals, or because of the inability or refusal of any other bidder to enter into an appropriate contract, or because of the cost under any higher proposal would be greater than the Obligee shall determine, in its sole discretion, that it can afford, then the Principal and the Surety agree to pay to the Obligee the full amount of this Bond as liquidated damages.

It is the intention of the parties hereto to be legally bound by this instrument.

BB-3

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this _______ day of ______________________, 20_____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

ATTEST:

Secretary Corporation-Contractor (Affix WITNESS _______________________ Corporate President Seal)

WITNESS (Seal)

Individual-Contractor

Partnership-Contractor

WITNESS By _______________________ (Seal) Partner ______________________ _ (Seal) Partner Business Address ________________________________________ of Bidder

ATTEST

WITNESS

Secretary _____________________________ Surety

(Affix Corporate Seal) _____________________________ Attorney-in-Fact*

* A Power of Attorney authorizing the Attorney-in-Fact to act for the Surety Company must be attached.

BB-4

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, ____________________________________________________________ certify that I am the ___________________________________ Secretary of the corporation named as PRINCIPAL in the written Bid Bond; that

___________________________________________ who signed the said Bid Bond on behalf of the PRINCIPAL was then _______________________________of said corporation, that I knew his signature, and his signature thereto is genuine; and that said

Bid Bond was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

Corporate Seal

NCA-1

NON-COLLUSION AFFIDAVIT

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid.

According to the Pennsylvania Antibid-Rigging Act, 73 P.S. Section 1617 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid.

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "complementary bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another prospective bidder, any intentionally high or non-competitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. A person's affidavit stating that the person has been convicted or found liable for any act, prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract within the last three years does not prohibit a governmental agency from accepting a bid or awarding a contract to that person, but may be a ground for administrative suspension or debarment in the discretion of a governmental agency under the rules and regulations of that agency, or, in the case of a governmental agency with no administrative suspension or debarment regulations or procedures, may be a ground for consideration on the question whether such agency should decline to award a contract to that person on the basis of a lack of responsibility.

7. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.

NCA-2

NON-COLLUSION AFFIDAVIT

CONTRACT NO. 6715-11A – GENERAL

CONSTRUCTION

CONTRACT NO. 6715-11B – ELECTRICAL

CONSTRUCTION

HERITAGE HILLS WASTEWATER

TREATMENT PLANT

Commonwealth of :

ss County of :

I state that I am of (Title) and that I am authorized to make (Name of my firm) this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

(1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or non-competitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid.

NCA-3

(5) its affiliates, (Name of my firm) subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

NCA-4

I state that understands and

(Name of my firm) acknowledges that the above representations are material and important, and will be relied on by Upper Makefield Township in awarding the Contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Upper Makefield Township of the true facts relating to the submission of bids for this Contract.

(Signature of Official and Position)

SWORN AND SUBSCRIBED

TO BEFORE ME

this date of , 20 .

NOTARY PUBLIC

My Commission Expires (Notary Public)

PWEV-1

PUBLIC WORKS EMPLOYMENT VERIFICATION

1. On January 1, 2013, the Commonwealth of Pennsylvania enacted Act 127 of

2012, known as the Public Works Employment Verification Act, which requires all public work contractors and subcontractors to utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work projects are authorized to work in the United States.

2. The Pennsylvania Department of General Services defines a “Public Work” to be a construction, reconstruction, demolition, alteration and/or repair work, other than maintenance work, done under contract and paid for in whole or in part out of funds of a public body where the estimated cost of the total project is in excess of twenty-five thousand dollars ($25,000), but shall not include work performed under a manpower or rehabilitation training program.

3. The Department of General Services’ Public Works Employment Verification

Compliance Program is responsible for the administration, education and enforcement of the Public Works Employment Verification Act (Act 127 of 2012).

It provides contractors and subcontractors with educational outreach, conducts investigations when complaints are received and random audits to ensure compliance with the requirements of this Act.

4. Any questions pertaining to the Public Works Employment Verification Act (Act

127 of 2012) may be directed to the Public Works Employment Verification Compliance Office at the following:

Mail: Department of General Services Public Works Employment Verification Compliance Office Room 105 Tent Building 18th & Herr Streets Harrisburg, PA 17125

Fax: (717) 214-3669

PWEV-2

PUBLIC WORKS EMPLOYMENT VERIFICATION

INSTRUCTIONS FOR BIDDERS

1. All contractors submitting a bid for the proposed Public Work required under this Contract are required to verify that all newly hired employees are authorized to work in the United States. Contractors and subcontractors must comply fully with the requirements of the Public Works Employment Verification Act (Act 127 of 2012) and must verify eligibility of all newly hired employees using the U.S.

Department of Homeland Security’s E-Verify internet program at the Department’s website (www.dhs.gov/e-verify).

2. Employment verification shall apply to all employees hired by the Contractor or subcontractor after January 31, 2012. Any employees hired after contract award and during the course of the Public Work contract shall be verified by the contractor or subcontractor within five (5) business days of his/her start date.

3. Prior to contract award, the successful contractor and any proposed subcontractor shall complete and submit to Upper Makefield Township the accompanying Public Works Employment Verification Form.

4. All contracts between the Contractor and its subcontractors, and between all subcontractors and their respective sub-subcontractors, shall contain information about the requirements of the Public Works Employment Verification Act (Act 127 of 2012).

http://www.dhs.gov/e-verify

Street Address 2

City State Zip Code

Doing Business As:

(if different from Legal Name)

Commonwealth of Pennsylvania Public Works Employment Verification Form

Complete and return the form to the contracting Public Body prior to the award of the contract.

Company Legal Name: ___________________________________________________________

Mailing Address: ______________________________________________________

Check one: Contractor Subcontractor

Contracting Public Body: _________________________________________________________

Contract/Project Number: ________________________________________________________

Project Description: _____________________________________________________________

Project Location: _______________________________________________________________

Date Enrolled in E-Verify (MM/DD/YYYY): ___________________________________________ As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of today’s date, __________________________, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I,____________________________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature Date of Signature

Printed Name: _________________________________________________________________

Phone Number: ______________________ Email: ____________________________________

Street Address 1

A-1

AGREEMENT

THIS AGREEMENT, made and concluded this day of , 20 , by and between the Upper Makefield Township, hereinafter generally called the Township, and:

(Name, Address and Telephone Number of Contractor) hereinafter generally called the Contractor.

WITNESSETH, that for, and in consideration of, the payments and agreements to be made and performed by the Township, the Contractor, at its own proper cost and expense and with skill and diligence, will construct and complete all work included in the performance of: CONTRACT

NO. 6715-11A – GENERAL CONSTRUCTION AND CONTRACT NO. 6715-11B – ELECTRICAL

CONSTRUCTION, HERITAGE HILLS WASTEWATER TREATMENT PLANT DISCHARGE

INTERCONNECTION, in accordance with attached Contract Documents, and in full compliance with this Agreement.

And the Contractor agrees to receive the prices stated in the Bid Proposal attached in full compensation for furnishing all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper or incidental to the construction of all work contemplated in this

Contract; the Contractor, for such consideration, shall be responsible for all loss or damage arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing materials, until their completion and acceptance.

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The work on the Contract is to be commenced within seven (7) days from the date of

"Notice to Proceed" from Upper Makefield Township, or its designee, and is to be diligently brought to completion within ninety (90) calendar days indicated in the Contract Documents.

Should the Contractor fail to complete all work or any part of the work by the specified completion date, then the Township shall assess liquidated damages in the amount of two hundred fifty dollars ($250) per calendar day for each day the project remains incomplete. In addition to the liquidated penalty, the Contractor shall be liable for all costs and fees incurred by the Township, due to the overrun. These costs and fees include, but are not limited to, legal fees, engineering fees, inspection fees, insurance costs, administrative costs, interest and debt service charges. The liquidated penalty charged against the Contractor shall be increased by fifty dollars ($50) per calendar day for every two (2) weeks that the project remains incomplete. Should the overrun last thirty (30) days, then the Township shall be entitled to obtain, from a Court of competent jurisdiction, injunctive or other equitable relief restraining the Contractor from entering into any new contracts or beginning any new projects until the project which it undertook for the Township is fully completed. The Contractor shall be liable to the Township for any and all monies spent in obtaining said injunction including, but not limited to, attorney's fees. Additionally, should the overrun last sixty (60) days, then the Township, upon five (5) days written notice, may dismiss the Contractor for cause.

Should the Township dismiss the Contractor pursuant to this agreement, then the Contractor shall indemnify the Township for all costs incurred including, but not limited to, the costs and fees of retaining a new contractor.

To prevent all disputes and litigations, it is agreed by and between the parties of this

Contract that the Engineer, subject to final approval of Upper Makefield Township, shall, in all

A-3 cases, determine the quality and quantity of the several kinds of work and materials which are to be paid for under this Contract, and he shall determine all questions in relation to lines, levels and dimensions of work and as to the questions of interpretation of the plans and specifications. The term "ENGINEER" shall mean ARRO Consulting, Inc., 4259 W. Swamp

Road, Suite 410, Doylestown, Pennsylvania 18902, or his duly appointed representative, or such other engineer as identified by the Township.

The Engineer shall prepare, on a monthly basis, an estimate of the value of work completed during the previous monthly period. Within fifteen (15) days following the end of the monthly period, the Engineer shall certify this value to the Township. During the first fifty percent (50%) of the Contract, the Township shall retain ten percent (10%) of the amount of each progress payment. During the second fifty percent (50%) of the Contract, the Township shall retain five percent (5%) of the amount of each progress payment.

The processing of progress payments shall in no way be construed as an acceptance of the work by the Township.

The Contract Documents shall consist of the following:

NOTICE TO BIDDERS

LOCATION MAP

FORM OF PROPOSAL

BIDDER’S QUALIFICATION STATEMENT

BID BOND

NON-COLLUSION AFFIDAVIT

PUBLIC WORKS EMPLOYMENT VERIFICATION

AGREEMENT

BONDING AND INSURANCE REQUIREMENTS

PERFORMANCE AND MAINTENANCE BOND

LABOR AND MATERIAL PAYMENT BOND

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PREVAILING MINIMUM WAGE PREDETERMINATION

GENERAL CONDITIONS

CONSTRUCTION SPECIFICATIONS

CLARIFICATIONS AS ANSWERED ON PENNBID WEBSITE

EXHIBITS

ADDENDA

This Agreement, together with the other Documents, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated.

In the event of a conflict between the Standard General Conditions and any other

Contract Documents, the latter will apply so as to supersede the Standard General Conditions to the extent of the conflict.

The Contractor and the Township, for themselves and their respective heirs, legal representatives, successors and assigns, hereby agree to the full performance of the covenants herein contained.

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IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT.

Owner: Upper Makefield Township 1076 Eagle Road Newtown, PA 18940

BY:

Name and Title Name and Title (Seal)

Contractor

BY:

Name and Title Name and Title (Seal)

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BONDING AND INSURANCE REQUIREMENTS

I. Financial Security

A. Each bidder must submit a Bid Bond in the amount of not less than ten percent (10%) of the Total Bid Amount. The Bond must be in the form of a certified check, bank draft or bid bond issued by a Surety company licensed to conduct business in the Commonwealth of Pennsylvania. This Bond must be submitted with the proposal.

B. Bid Bonds for apparently unsuccessful bidders will be returned promptly after the opening of bids. The Bid Bond for the apparently successful bidder will be held until all bonding and insurance requirements of the Contract Documents have been met.

C. The successful bidder must submit separate bonds with corporate surety issued by companies authorized to do business in the Commonwealth of Pennsylvania on the prescribed forms, dated the date of the Contract, or separate Federal or Commonwealth chartered lending institution irrevocable letters of credit in a form accepted and approved by the Township, or separate restrictive or escrow accounts with such lending institutions pursuant to an escrow agreement accepted and approved by the Township, each equal to one hundred percent (100%) of the Contract amount, to secure (a) the faithful performance and maintenance of the Contract; and (b) the prompt payment of materials and labor.

D. All bonds or other financial security submitted under the terms of this

Contract shall be executed by one or more surety companies or Federal or Commonwealth chartered lending institutions acceptable to the Township and legally authorized to do business in the Commonwealth of Pennsylvania. All bonds must be in the form set forth in these Contract Documents.

E. The Township will not execute the Agreement until all required bonds or other authorized forms of financial security have been received and approved by the Township and the Engineer.

II. Insurance

A. The successful bidder is required to maintain Worker's Compensation Insurance in accordance with the Pennsylvania Workers' Compensation Act (as amended by Act 57 of 1996). Proof of Workers' Compensation Insurance shall be submitted to the Township. Workers' Compensation Insurance shall be in the amounts required by law, for all employees employed at the sites under this Contract. However, in no event shall the amount of the Policy be less than $100,000 Each Accident, $100,000 Disease - Each Employee and $500,000 Disease - Policy Limit.

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B. The successful bidder is required to maintain General, Automobile and Umbrella Liability Insurance in amounts no less than that shown on Page BI-4, a standard marked-up Certificate of Insurance. Unless otherwise allowed within these Contract Documents, the policy shall include, under General Liability, insurance coverage pertaining to explosion, collapse and underground hazard and the policy shall be specifically endorsed to eliminate any exclusions for explosion, collapse and underground hazard.

C. The successful bidder shall be liable and responsible, until final acceptance of the work, for any official or other authorized visitors to the work, or to other persons, and for all damages and injuries to all buildings, machinery, water courses or waterways, materials and appliances, and for all damages to any and all public, corporation or private property which may be occasioned by, or occur in, consequence of the work of the successful bidder, and full conformity to all of the specific requirements herein shall not relieve the successful bidder from the said liability and responsibility. The successful bidder shall assume all risks whatsoever as to all damages from the natural elements, fire, flood, trespass and from any and all other causes, and shall substantially protect accordingly all materials both before and after installation.

D. Any subcontractors that may be employed shall carry the same kinds of liability insurances in amounts not less than that required of the successful bidder under the Contract Documents. Furthermore, the insurance policy shall protect the Township and the Engineer (to the extent allowed by the law) from claims arising from the execution of the work under the Contract, and under "Special Items" on the Certificate of Insurance, the Certificate shall contain the statement "Additional Insureds: Upper Makefield Township, its members and employees, ARRO Holdings, LLC, The ARRO Group, Inc. & Subsidiary, ARRO Water Services, Inc. and ARRO Consulting, Inc. named as additional insureds."

E. Within seven (7) calendar days from the mailing of the Notice of

Acceptance, the successful bidder shall submit copies of all policies and certificates of insurance for all coverages detailed above. The certification of insurance must clearly stipulate that the insurer will notify both the Township and the Engineer, in writing, thirty (30) days prior to the cancellation of the policy. The Township will not execute the Agreement until all required insurance policies and certificates have been approved by the Township and the Engineer. Updated insurance policies and certification shall be submitted to the Township annually in accordance with the requirements of the Contract Documents.

F. Indemnification. The Contractor shall and will be solely responsible for all damages, loss or injury to persons or property that may arise or be incurred

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in or during the conduct and progress of the work, whether or not any such claims arise from the negligence of the Contractor, Township, or of any Contractor, sub-contractor, supplier and materialmen, or employees engaged by Contractor, Township or from any event or reason; and Contractor shall defend, indemnify, and hold harmless the Township and their members, officers, employees, solicitors, servants, consultants, agents, successors and assigns, from and against any and all claims, damages, suits, action, causes of action, losses, fines, remedial obligations and liabilities (including all attorneys’ fees, and all litigation, related expenses and costs) of any nature whatsoever arising out of or relating to the performance or non-performance of the work involved in this Agreement, or otherwise caused, in whole or in any part, whether directly or indirectly, by any act, failure, omission, or conduct of Contractor or its employees, servants or agents, or by any event or for any reason. These defense, indemnification and hold-harmless obligations shall exist and apply where the party claiming such right to be held harmless and to indemnification and defense has been negligent and such negligence has been a cause in part but not on the whole of the claim, damage, suit, action, cause of action, loss or liability. The indemnification obligations contained herein shall not be limited in any way by any limitation or provision of any workers’ compensation or other employee benefit act. These indemnifications, defense and hold-harmless obligations shall include, without limitation, any personal injury, death, property damage or economic loss and shall exist whether such is based upon statutory, contractual, tort, strict liability or any other ground or duty. Contractor assumes all liability and responsibility of any nature by reason of its neglect or violation of any county, township, state or federal ordinances, regulations, or statutes. All obligations to defend, indemnify and hold harmless shall survive the completion of Contractor’s performance under this Agreement.

G. The successful bidder shall indemnify, defend and hold the Township harmless from, and against, all suits, claims, actions or judgments from any injury or damage sustained or alleged to have been sustained by any party or parties by reason of the use of defective material, furnished and delivered under the Contract to be awarded hereunder or by, or on account of, any act of omission or commission of any contractor, his, its or their agents or employees. If such action is brought against the Township, the successful bidder will immediately take charge of, and defend it as his, its or their own, cost and expense. The Township may, if it so desires, defend any such action and charge the expense of that defense to the successful bidder.

H. The requirements of this section shall be those termed Supplementary

Conditions in Section 6.03 of the General Conditions. Supplementary Conditions prevail over General Conditions where items are addressed, otherwise all other General Conditions apply to the Contract.

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