WARMINSTER MUNICIPAL AUTHORITY

415 GIBSON AVENUE

WARMINSTER, PENNSYLVANIA 18974

CONTRACT DOCUMENTS

FOR

2026 MILL AND OVERLAY PAVING PROJECT

IN ASSOCIATION WITH THE

WATER SYSTEM IMPROVEMENTS

WARMINSTER TOWNSHIP,

BUCKS COUNTY, PENNSYLVANIA

JANUARY 2026

ARRO CONSULTING, INC.

4259 W. SWAMP ROAD, SUITE 410

DOYLESTOWN, PA 18902

REFERENCE NO. : 14052

CONTRACT NO.: 26-1

INDEX

TITLE SECTION

Notice to Bidders NB

Location Map ---

Summary of Estimated Quantities by Roadway SEQ

Form of Proposal FOP

Bidder’s Qualification Statement BQS

Contractor/Subcontractor Responsible Certification Form RCF

WMA Resolution No. 24-1 – Second Amended Responsible Contractor Resolution (approved December 8, 2025) RCR

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 - Pavement Repair Section III - Pavement Milling Section IV - Asphalt Leveling/Scratch Course Section V - Asphalt Wearing Course Section VI - Pavement Markings Section VII - Measurement and Basis of Payment

Detail Drawings --

NB-1

NOTICE TO BIDDERS

Sealed electronic bids will be received by Warminster Municipal Authority, hereinafter generally referred to as the Authority, on February 18, 2026 until 10:00 AM via the PennBid Electronic Document and Bid Management Program and opened shortly thereafter. All documents and solicitation details will be available on or after January 21, 2026 at https://pennbid.bonfirehub.com.

Bidders must register (a free process), then click on the “Portal”, then “Open Public Opportunities” tabs.

CONTRACT NO. 26-1

The Contract will generally include the mill and overlay of seven roadways (20,635 SY/1,930 TON). The Contract will also include 200 SY of pavement repair, 45 TON of leveling/scratch course and the replacement of all pavement markings.

All bids must include lump sum or unit prices to be considered for award by the Authority at their option after review of the bid amounts.

Bids must be made on the forms furnished by the Authority 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 Authority.

All work and materials shall be in accordance with PennDOT Standards and Specifications.

Bids must be accompanied by a completed Bid Form, Bidder’s Qualification Statement, electronic copy of Bid Bond, executed Non-Collusion Affidavit, Public Works Verification Form, and fully executed Contractor/Subcontractor Responsibility Certification Form and required attachments which certifies that the Contractor and Subcontractors meet the requirements of Warminster Municipal Authority’s Second Amended Responsible Contractor Resolution No. 24-1. As a result, journeyperson worker(s) who have successfully completed a Class A Apprenticeship Program or apprentices registered in such a program of the craft labor are required to construct the project.

Failure to submit fully completed and executed Forms may be considered justification for rejection of the bid.

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, subcontractors and applicants for employment are (a) 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 project is subject to the terms of the Public Works Employment Verification Act (Act 127 of 2012). Completed and signed “Public Works Employment Verification Form” is required as a precondition to the award of the Contract and is to be submitted as part of the submission of the bid.

https://pennbid.bonfirehub.com/

NB-2

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 Authority, or separate restrictive or escrow accounts with such lending institutions pursuant to an escrow agreement accepted and approved by the Authority, 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.

Award of Contract, if a contract be awarded, will be to the lowest responsible bidder, but the Authority reserves the unqualified right to reject any or all bids and to waive any informalities. The Authority 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 Authority 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. Please note, the Contract is not anticipated to be performed until the Fall of 2026.

Timothy Hagey, General Manager Warminster Municipal Authority

LOCATION MAP

Ref. #14052

SEQ-1

2026 MILL AND OVERLAY PROJECT

IN ASSOCIATION WITH THE WATER SYSTEM IMPROVEMENTS

SUMMARY OF ESTIMATED QUANTITIES BY ROADWAY

Lavera Road (5,995 SY)

Pavement Repair – Type I 150 SY

Half Width Mill (1-1/2” Depth) 5,995 SY

Leveling/Scratch Course 22 TON

Wearing Course 560 TON

Fitch Place (3,298 SY)

Half Width Mill (1-1/2” Depth) 3,298 SY

Wearing Course 310 TON

Woods Lane (2,442 SY)

Half Width Mill (1-1/2” Depth) 2,442 SY

Wearing Course 230 TON

Sandy Lane (2,525 SY)

Half and Full Width Mill (1-1/2” Depth) 2,525 SY

Wearing Course 235 TON

Carroll Circle (1,030 SY)

Pavement Repair – Type I 50 SY

Full Width Mill (1-1/2” Depth) 1,030 SY

Leveling/Scratch Course 23 TON

Wearing Course 100 TON

Georges Lane (2,270 SY)

Full Width Mill (1-1/2” Depth) 2,270 SY

Wearing Course 210 TON

Boxwood Drive (3,075 SY)

Half Width Mill (1-1/2” Depth) 3,075 SY

Wearing Course 285 TON

FOP-1

FORM OF PROPOSAL

TO: Warminster Municipal Authority

415 Gibson Avenue Warminster, Pennsylvania 18974

FOR SUPPLYING ALL EQUIPMENT, MATERIAL AND LABOR NECESSARY

FOR

WARMINSTER TOWNSHIP, BUCKS COUNTY, PENNSYLVANIA

Pursuant to, and in compliance with, your advertisement inviting proposals for "2026 Mill and Overlay Paving Project in Association with the Water System Improvements," Contract No. 26-1 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 the Warminster Municipal Authority and made available on the PennBID Electronic Bid Management System prior to the date for the opening of bids, whether received by the undersigned or not, for the Lump Sum or 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

Pavement Repair – Type I (3-Inch Depth of Excavation and 19 mm Bituminous) SY 200

Half-Width and Full-Width Mill (1.5 Inch Depth) SY 20,635

Leveling/Scratch Course (as Directed by Engineer) TON 45

4 Wearing Course Overlay Paving TON 1,930

5 Replace Pavement Markings LS 1

6 Maintenance and Protection of Traffic LS 1

TOTAL BID AMOUNT

Written Amount

DOLLARS $_______________

FOP-3

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 Authority 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 Authority 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 BASE BID amount proposed under the above Bid Cost Schedule, payable to the Warminster Municipal Authority, Warminster Township, Bucks County, Pennsylvania, which it is agreed will be forfeited to said Authority 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 Authority, or separate restrictive or escrow accounts with such lending institutions pursuant to an Escrow Agreement accepted and approved by the Authority), 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, 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.

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 Authority 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 Authority 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.

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 Authority within thirty (30) calendar days after the date of said

FOP-4

"Notice to Proceed." Should Contractor fail to complete all work or any part of the work by the specified completion date, then the Authority may 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 Authority, 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 total cost of the liquidated penalty and the additional incurred costs shall not exceed $2,000 per day. Should the overrun last thirty (30) days, then the Authority 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 Authority is fully completed.

Contractor shall be liable to the Authority 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 Authority, upon five (5) days' written notice, may dismiss Contractor. Should the Authority dismiss Contractor pursuant to this Agreement, then the Contractor shall indemnify the Authority 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 General Manager 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 Contract 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.

FOP-5

The undersigned acknowledges receipt of the following addenda to the Contract Documents:

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-6

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. In addition, Bidder must submit a fully executed Contractor/Subcontractor Responsibility Certification Form contained in these Contract Documents which certifies that the Contractor and Subcontractors meet the requirements of Warminster Municipal Authority’s Second Amended Responsible Contractor Resolution No. 24-1. As a result, journeyperson worker(s) who have successfully completed a Class A Apprenticeship Program, or apprentices registered in such a program for craft labor, are required to construct these components of the project. Resolution No. 24-1 is contained in the Exhibits Section of these Contract Documents. Failure to submit a fully completed and executed Bidder's Qualification Statement and Contractor/Subcontractor Responsibility Certification Form may be considered justification for rejection of the bid.

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

2026 MILL AND OVERLAY PAVING PROJECT

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

TO: PROJECT OWNER

Warminster Municipal Authority

Warminster, Pennsylvania 18974

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.

BQS-2

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:

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. sanitary sewer, storm drainage, water supply, mechanical, 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

BQS-4

result in disqualification of the bidder:

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. Provide the following references:

a. Bonding Company:

b. Bonding Agent: Phone #

BQS-5

c. Insurance Company:

d. Insurance Agency: Phone #

e. Bank (include name and contact):

f. Credit References (major material supplier):

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

16. 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:

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 organization, (position) and that the responses provided in the Bidder's Qualification Statement, BQS-6 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

CONTRACTOR/SUBCONTRACTOR

RESPONSIBILITY CERTIFICATION

CONTRACTOR/SUBCONTRACTOR RESPONSIBLITY CERTIFICATION PAGE 1 of 7

SECOND AMMENDED RESOLUTION NO. 24-1 1/19/26

CONTRACTOR/SUBCONTRACTOR RESPONSIBILITY CERTIFICATION

SECOND AMENDED RESPONSIBLE CONTRACTOR RESOLUTION NO. 24-1

ALL CONTRACTORS AND SUBCONTRACTORS OF ANY TIER THAT PERFORM WORK ON A CONTRACT VALUED AT OVER

$25,000 ON ANY AUTHORITY PROJECT WHICH REQUIRES PLUMBING, BUILDING CONSTRUCTION, ELECTRICAL WORK, HEATING, VENTILATING AND AIR CONDITIONING (HVAC) WORK, WATER AND SANITARY SEWER MAIN INSTALLATION, MECHANICAL WORK AT THE AUTHORITY’S SEWAGE TREATMENT PLANTS, STORMWATER WORK AND STREET PAVING

WORK, INCLUDING EMERGENCY WORK, SHALL MEET THE REQUIREMENTS OF SECOND AMENDED RESOLUTION NO.

24-1 OF THE AUTHORITY, APPROVED DECEMBER 8, 2025.

CONTRACTORS: As a condition of performing work on an Authority contract subject to this resolution, a construction manager, general contractor or other lead or prime contractor seeking award of a contract shall submit this Contractor Responsibility Certification at the time it submits its bid for a contract. Failure to submit a fully completed and executed Certification Form may be considered justification for rejection of the bid.

SUBCONTRACTORS: The Subcontractor Responsibility Certifications shall be executed by the respective subcontractors using this same form and shall contain the same information and representations required in the Contractor Responsibility Certifications, including verification of apprenticeship qualifications as required by Section 2.C.11 of Second Amended Resolution No. 24-1, for each trade or classification of craft workers it will employ on the project. Failure to submit a fully completed and executed Certification Form may be considered justification for rejection of the bid.

Name of Company:

Address:

Phone No.: Email:

Contract Name/Number:

Role in project:

CONTRACTOR/SUBCONTRACTOR RESPONSIBLITY CERTIFICATION PAGE 2 of 7

The construction manager, general contractor or other lead or prime contractor, or subcontractor shall confirm the following facts regarding its past performance and work history and its current qualification and performance capabilities:

1. Does the firm and its employees have all valid effective licenses, registrations and/or certificates required by federal, state, county, or local law, including, but not limited to, licenses, registrations or certificates required to (1) do business in the designated locale; (b) perform the contractor work it seeks to perform? This shall include, but is not limited to, licenses, registrations or certificates for any type of construction or maintenance trade work or specialty work which the firm proposed to self-perform.

YES NO

If no, please explain:

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

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

If yes, please explain:

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

5. In the past three (3) years, has the firm had any type of business, contracting or trade license, registration, or other certification revoked or suspended?

6. In the past 10 years, has the firm and its owners been convicted of any crime relating to the contracting business?

CONTRACTOR/SUBCONTRACTOR RESPONSIBLITY CERTIFICATION PAGE 3 of 7

7. In the past three (3) years, has the firm been found in violation of any law applicable to its contracting business, including but not limited to, license laws, tax laws, prompt payment laws, wage and hour laws, prevailing wage 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 $1,000.00 or more, or any environmental laws where the result of such violation was the payment of a fine or other type of penalty in the amount of $5,000.00 or more?

8. The firm agrees to pay all craft employees that it employs on the project the current wage rates and fringe benefits as required under applicable federal, state or local wage laws.

9. The firm agrees that all craft labor that will be employed by the firm for the project have competed at least the OSHA 10 hour training course for safety established by the U.S. Department of Labor, Occupational Safety & Health Administration. The firm must attach to this certification proof of OSHA 10-hour training course completion certification for each employee anticipated to work on the project.

10. If the firm is the prime or lead contractor, it shall ensure that at least one (1) person on the project has completed the

OSHA 30 hour training course for construction established by the U.S. Department of Labor, Occupational Safety & Health Administration. The firm must attach to this certification proof of OSHA 30-hour training course completion certification for the employee anticipated to be assigned to the project.

11. The firm agrees to employ craft employees in all classifications and individual trades required to successfully perform the work related to this project.

CONTRACTOR/SUBCONTRACTOR RESPONSIBLITY CERTIFICATION PAGE 4 of 7

12. The firm shall participate in a Class A Apprenticeship Program for each separate trade or classification in which it employs craft employees and must continue to participate in such program or programs for the duration of the project. For purposes of this certification, a Class A Apprenticeship Program is defined as 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 at least three (3) of the past five (5) years.

(A) The firm must attach documentation to this certification to confirm the firm’s participation in a Class A

Apprenticeship Program for each separate trade or classification in which it employs craft employees, and any other documentation deemed necessary by the Authority.

(B) The firm nust attach documentation to this certification to confirm that there have been graduated apprentices to journeyperson status for at least three (3) of the past five (5) years from the firm’s registered and approved Class A Apprenticeship Program.

(C) The construction manager, general contractor or other lead or prime contractor and all subcontractors responsible for the project agrees that 70 percent of the entire work force of craft/trade labor workers employed on the project are comprised of either journeyperson workers who have successfully completed a Class A Apprenticeship Program as defined in Section 2.C.11(c) or apprentices registered in such programs and that the apprenticeship participation is in the same trade or craft for which the workers are employed on the project.

(D) The construction manager, general contractor or other lead or prime contractor responsible for the project must attach to this certification a list of employees that are anticipated to be working on the project. The list shall include the work classification and journeyman/ apprentice status for each anticipated employee and also indicate how long each employee has been a journeyman or participant in the apprenticeship program.

CONTRACTOR/SUBCONTRACTOR RESPONSIBLITY CERTIFICATION PAGE 5 of 7

13. The firm has 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.

14. The firm agrees to maintain all qualifications, resources and capabilities referenced in this certification throughout the duration of the project.

15. The firm agrees to notify the Warminster Municipal Authority and Engineer within seven (7) days of any material changes to all matters attested to in this certification.

16. The firm attests that this Contractor/Subcontractor Responsibility Certification has been executed by persons having sufficient knowledge to address all matters in this certification and that, under the penalty of perjury, all information submitted is true, complete and accurate.

The construction manager, general contractor or other lead or prime contractor, or subcontractor shall acknowledge the following:

1. Execution of this Certification does not establish a presumption of contractor responsibility. The Authority may require any additional information it deems necessary to evaluate a firm’s status as a responsible contractor, including technical qualifications, financial capacity, or other resources and performance capabilities, as well as the type of impact its operations will have on a local community impacted by the project. The Authority may require that such information be included in a Statement of Qualifications and Experience as an attachment to the Contractors Responsibility Certification.

CONTRACTOR/SUBCONTRACTOR RESPONSIBLITY CERTIFICATION PAGE 6 of 7

2. The submitting firm shall be required to provide a subcontractor list and required subcontractor information as specified in Section 4 and 6 of the Second Amended Resolution No. 24-1.

3. If the submitting firm has ever operated under another name or controls, is controlled by another company or business entity or in the past five (5) years controlled or was controlled by another company or business entity, whether as a parent company, subsidiary or in any other business relation, it shall attach a separate statement to this Certification that explains in detail the nature of any such relationship. Additional information may be required from such an entity if the relationship in question could potentially impact contract performance.

4. If a firm fails to provide this Certification as specified, it shall be disqualified from bidding. No action of any nature shall lie against the Authority because of its refusal to accept a bid for failing to provide the required information.

CONTRACTOR/SUBCONTRACTOR RESPONSIBLITY CERTIFICATION PAGE 7 of 7

I/We hereby certify that this Contractor/Subcontractor Responsibility Certification has been executed by persons having sufficient knowledge to address all matters in this certification and that, under the penalty of perjury, certify that all information submitted is true, complete and accurate.

Authorized Signature

PRINT:

Name

Title

Witness Signature

END OF DOCUMENT

RESOLUTION NO. 24-1 SECOND AMENDED

RESPONSIBLE CONTRACTOR REQUIREMENTS

(REFER TO SECTION RCF OF THE CONTRACT

DOCUMENTS FOR THE WMA RESPONSIBLE CONTRACTOR

CERTIFICATION FORM TO BE SUBMITTED WITH BID)

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 WARMINSTER MUNICIPAL AUTHORITY, 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 CONTRACT NO.

26-1, 2026 MILL AND OVERLAY PAVING PROJECT IN ASSOCIATION WITH THE WATER

SYSTEM IMPROVEMENTS.

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.

BB-2

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

IN ASSOCIATION WITH THE WATER

SYSTEM IMPROVEMENTS

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 Warminster Municipal Authority 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 Warminster Municipal

Authority 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

INSTRUCTIONS FOR BIDDERS

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 the Warminster Municipal Authority 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 Warminster Municipal Authority, hereinafter generally called the Authority, 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 Authority, 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. 26-1, 2026 MILL AND OVERLAY PAVING PROJECT IN ASSOCIATION WITH THE WATER

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

And the Contractor agrees to receive the prices stated in the Form of 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.

A-2

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

"Notice to Proceed" from Warminster Municipal Authority, or its designee, and is to be diligently brought to completion within thirty (30) calendar days from date of the "Notice to

Proceed." Should the Contractor fail to complete all work or any part of the work by the specified completion date, then the Authority may 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, the Contractor shall be liable for all costs and fees incurred by the Authority, 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 total cost of the liquidated penalty and the additional incurred costs shall not exceed $2,000 per day. Should the overrun last thirty (30) days, then the Authority 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 Authority is fully completed. The Contractor shall be liable to the Authority 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 Authority, upon five (5) days written notice, may dismiss the Contractor. Should the Authority dismiss the Contractor pursuant to this agreement, then the Contractor shall indemnify the Authority 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 the Warminster Municipal Authority, shall, in all cases, determine the quality and quantity of the several kinds of work and materials

A-3 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, PA 18902, or his duly appointed representative, or such other engineer as identified by the Authority.

The Engineer shall…