1-LPVRSA Supply and Delivery of High Calcium Water Grade Quicklime Project Manual.pdf

LOWER PERKIOMEN VALLEY REGIONAL SEWER AUTHORITY

THE SUPPLY AND DELIVERY OF HIGH CALCIUM WATER GRADE QUICKLIME

TABLE OF CONTENTS

BIDDING REQUIREMENTS

Page 2 Advertisement for Bids Page 3 Instructions to Bidders Page 6 Supplemental Instructions for Submitting Electronic Bids Page 8 Bid Proposal Page 9 Bid Bond

CONTRACT FORMS

Page 11 Agreement Page 13 Performance Bond

CONDITIONS OF THE CONTRACT

Page 17 General Conditions

SPECIFICATIONS

Page 19 Specifications

ADVERTISEMENT FOR BIDS FOR

Lower Perkiomen Valley Regional Sewer Authority (LPVRSA), will receive sealed bids online via the PennBid Program until Monday, November 3, 2025 at 9:00 a.m., local time, for the two-year supply and delivery of HIGH CALCIUM WATER GRADE QUICKLIME. The bids will be received via the PennBid™ online bid system.

All Bid Documents and solicitation details are available at no cost at PennBid™ https://pennbid.bonfirehub.com. Click on the “Solicitations” then “View” tabs.

Michael McGann, Manager https://pennbid.bonfirehub.com/

INSTRUCTIONS TO BIDDERS

1. Invitation to Bid

Bid proposals are invited to be submitted for the supply of High Calcium Water Grade Quicklime under a contract for a two year period.

2. Preparation of Proposal

Bids are to be submitted electronically via the PennBid Program. The document entitled Supplemental Instructions for Submitting Electronic Bids is included as part of this solicitation and provides instructions on what information needs to be submitted along with how to submit.Bids are requested as stated in the Bid Form.

A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

A Bid by an individual shall show the Bidder’s name and official address.

A Bid by a joint venture shall be executed by each joint venture. The official address of the joint venture shall be shown.

The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

All names shall be printed in ink below the signatures. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

3. Bid Security

Each bid shall be accompanied by security, made payable to the Lower Perkiomen Valley

Regional Sewer Authority, in an amount of 10% of the Bidder's total bid price and in the form of a certified check, bank cashier's check or bid bond issued by a Surety. If bid security is provided in the form of a bid bond, the bid bond shall be in the form included in the bid documents. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

4. Standards and Approved Equals

The specific mention of a manufacturer’s name brand of material in the specification shall be considered as indicating a standard of quality, grade or type and are made for descriptive purposes to guide the bidder in interpreting the requirements of the Authority.

5. Qualification of Bidders

To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence such as financial data; previous experience, present commitments, and such other data. Each Bid must contain evidence of Bidder’s qualification to do business in the State where the Project is located or covenant to obtain such qualification prior to award of the Contract.

6. Modification or Withdrawal of Bids

Prior to the bid due date and time, bids may be withdrawn by clicking “Withdraw Bid” online via the

PennBid Program. If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. No bid may be withdrawn for a period of sixty (60) calendar days from the date the bids are opened.

7. Owner’s Right to Reject Bids

The Authority reserves the right to reject any or all Bids, or to waive any informality therein, as may be deemed in the Authority’s best interest.

8. Sham or Collusive Bids

The bid of any Bidder or Bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one bid in such a manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a collusive bidder. Nothing shall prevent a Bidder from superseding a bid by submitting a subsequent bid, delivered prior to bid opening, which expressly revokes the previous bid.

9. Bonds and Insurance

See General Conditions

10. Experience

Bidder shall have a minimum of five (5) years of experience employing skilled workmen thoroughly trained in the necessary crafts and completely familiar with specific requirements, materials and methods specified by the manufacturer herein.

11. Evaluation of Bids

In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. Owner may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the

Contract Documents. If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

12. Notice of Award – Notice to Proceed

The Authority will issue a Notice of Intent to Award to the lowest responsible bidder for the bid price per Ton (2,000 pounds) delivered. Upon execution of the Contract and receipt of proper insurance certificate(s) and performance bond, a written Notice to Proceed will be issued to the lowest responsible bidder.

13. Term of Contract

The duration of the contract is for two years beginning when Notice to Proceed is issued.

14. Taxes

Refer to the General Conditions.

END OF DOCUMENT

SUPPLEMENTAL INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS

Using the PennBid™ electronic bid management system to respond to this solicitation:

Gilmore & Associates, Inc. is utilizing the PennBid™ electronic procurement program for its solicitations, bid requests, RFPs, and RFQs. Bid documents are available online, all Q&A’s are via PennBid, and sealed bids can be submitted and updated online. Interested bidders need to register only once, a free process that takes only a few minutes. Once registered, bidders have access to all our publically available bids and solicitations. Bidders can obtain all project documents and submit and update their confidential bids online.

Sealed Bid Confidentiality – At no time before Bid Opening can anyone see your electronic bid.

Documents – All documents may be downloaded directly to your computer. Documents can be electronically sent to your suppliers and sub contractors.

Being added to the “Bidders List” – By downloading any document, you are automatically added to the list of bidders for this solicitation.

This document is intended to facilitate the inclusion of “Instructions to Bidders,” within the bidding documents for agencies not using industry-standard documents, such as EJCDC Document C-200, or

AIA-A701.

Note these revisions simply address the bid submission process, as it relates to promoting consistency by utilizing PennBid for bid management. Further revisions may be required to address unique project conditions, or owner-specified concerns/requirements.

ARTICLE 1 – BIDDING DOCUMENTS

Bidding documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com)

ARTICLE 2 – INTERPRETATIONS AND ADDENDA

Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the

“Messages/Vendor Discussions” feature in PennBid no later than seven (7) days prior to the date for receipt of bids.

ARTICLE 3 – PREPARATION OF BID

The Bid Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

ARTICLE 4 – SUBMITTAL OF BID

Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated in the Invitation for Bids along with the Bid security and the other documents required to be submitted as identified herein.

ARTICLE 5 – MODIFICATION AND WITHDRAWAL OF BID

A Bid may be withdrawn or modified at any time within PennBid prior to the due date and time identified in the Invitation for Bids.

ARTICLE 6 – OPENING OF BIDS

After bid opening, the time of which is listed in the Invitation to Bid, a public notice will be issued via

PennBid containing any available bid results. It should be noted that bid results are subject to further review and should not be construed as issuance of an award.

Verifying that your bid was submitted

If submitted properly, you will receive an acknowledgement appearing in the middle of your screen saying “Your bid has been submitted”.

Withdrawing Your Bid

You may withdraw your bid anytime up to bid due date and time by simply clicking on Withdraw Bid, located at the bottom of the Bid tab.

Help Guides

There are several Help Guides available from the PennBid™ Home Page.

BID PROPOSAL TO PROVIDE

TO: Lower Perkiomen Valley Regional Sewer Authority 101 Station Avenue Oaks, PA 19456

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with

Owner in the form included in the Contract Documents for the Contract Price indicated in his Bid within the Contract Time and in accordance with the Contract Documents. The undersigned Bidder submits this Bid with the understanding that the Owner reserves the right to reject any and/or all bids submitted.

2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those dealing with the disposition of Bid Security. Bidder will sign the Contract within 10 days after the date of Owner’s Notice of Intent to Award.

3. In submitting this Bid, Bidder has examined copies of all the Contract Documents and hereby acknowledges receipt of the following Addenda:

Number Date

4. Bidder hereby states that he has available adequate equipment and finances to properly and expeditiously prosecute the work as bid and is prepared to present further information to substantiate this statement.

5. The undersigned hereby offers to supply and deliver an estimate of 700 TONS (more or less per calendar year) of High Calcium Water Grade Quicklime, at a minimum of 24 TONS per delivery for a two year term, in accordance with the attached specifications, for the price as set forth on the Bid Form.

6. Bidder understands that the quantities stated are approximate only and are presented solely for the Authority’s use in comparing bids. The actual quantities may be more or less. Bidder understands and agrees that the Authority, in awarding the Contract, is under no obligation to purchase any of the lime if the process of disposing of sludge does not require lime stabilization.

CONTRACTOR: ________________________________________

ADDRESS: ________________________________________

SIGNATURE: ________________________________________

NAME/TITLE: ________________________________________

DATE: ________________________________________

ATTEST: ________________________________________

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT______________________________________ of _____________________________________ as

Principal, and __________________________________________, a corporation organized and existing under the laws of the State of ___________________ and authorized to do business in the Commonwealth of Pennsylvania, as Surety, are held and firmly bound unto the LOWER PERKIOMEN VALLEY REGIONAL

SEWER AUTHORITY, as Obligee TEN PERCENT – 10% OF THE CONTRACT PRICE in the full and just 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.

WHEREAS, the said Principal is herewith submitting its Bid Proposal for the Contract for the supply and delivery of High Calcium Water Grade Quicklime.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s Bid and the total amount of the Bid of the next lowest, responsible Bidder who submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

a. If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

b. In no event shall Bidder’s and Surety’s obligation hereunder exceed the penal sum set forth on the face of this Bond.

c. Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

a. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

b. All Bids are rejected by Owner, or

c. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding

Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue

Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

Signed, Sealed and Delivered this ______ day of ____________ 20__.

Attest: PRINCIPAL

___________________ By:__________________________ Secretary President/Owner (SEAL)

SURETY

___________________ By:__________________________ Witness Attorney-in-Fact (SEAL)

NOTES:

Attach an appropriate Power of Attorney, dated as of the same date as the bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the corporation.

If the Contractor is a Partnership, all partners shall execute the bond.

Surety companies executing bonds must appear on the U. S. Department of the Treasury most current Bond List (Circular 570 as amended). Bond amounts are subject to the underwriting limitation listed in the most recent Circular 570.

AGREEMENT TO PROVIDE

This agreement, entered into this ____ day of _______________, 2025, between the Lower Perkiomen

Valley Regional Sewer Authority, 101 Station Avenue, Oaks, Pennsylvania 19456 of the first part (hereinafter called the Authority), and organized and existing under the laws of the state of __________________, part of the second part

(hereinafter called the Contractor), witnesseth, that the parties hereto do mutually agree as follows:

The Contractor being the lowest responsible bidder meeting all requirements for the above captioned contract agrees to perform the work as set forth in the attached Contract Documents (defined below).

All of the terms and provisions of this agreement shall be binding upon each of the parties hereto, and upon the successors and assigns of the Authority. This agreement may be assigned by Contractor only upon the written consent to same by the Authority, which consent may be granted or withheld in the Authority’s sole discretion.

ARTICLE 1 WORK

The Contractor shall provide High Calcium Water Grade Quicklime as specified and indicated in the Contract Documents for supplying High Calcium Water Grade Quicklime.

ARTICLE 2 TERM OF CONTRACT

This contract period shall be two years beginning on issuance of Notice to Proceed.

ARTICLE 3 CONTRACT PRICE

The Authority shall pay Contractor for performance of the work in accordance with the Contract Documents in lawful money of the United States of America in accordance with Contractor's Unit Price Bid based on an estimated quantity of 700 tons per year.

ARTICLE 4 PAYMENT

Contractor shall submit applications for payment in accordance with the General Conditions. The Authority as provided in the General Conditions will process applications for payment.

ARTICLE 5 CONTRACT DOCUMENTS

The Contract Documents, which comprise the entire agreement between the Lower Perkiomen Valley Regional Sewer Authority and Contractor, are attached to this Contract and incorporated herein:

1. This Agreement

2. Advertisement for Bids

3. Instructions to Bidders

4. Bid Bond

5. Performance Bond

6. General/Supplemental Conditions

7. Specifications

8. Addenda number through , inclusive

9. Contractor’s Bid Proposal

In witness whereof, the Authority has caused this agreement to be signed by a duly authorized officer thereof and has caused its corporate seal to be hereunto affixed, and the Contractor has caused this agreement to be signed by a duly authorized officer hereof and has caused its corporate seal to be hereunto affixed, the day and year first above written.

Lower Perkiomen Valley Regional Sewer Authority

Witness: _________________________ ____________________________ Chairman (Seal)

Name of Contractor

Witness: _________________________ ____________________________ Signature of Officer (Seal) Title

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that we, __________________________________, as Principal (the “Principal”), and _____________________________________, a corporation organized and existing under the laws of the ___________of _______________________, having its principal office at

, and authorized to do business in the Commonwealth of Pennsylvania, as Surety (the “Surety”), are held and firmly bound, jointly and severally, unto the LOWER PERKIOMEN VALLEY REGIONAL SEWER AUTHORITY, as Obligee (the

“Obligee”), as hereinafter set forth in the full and just sum of

_________________________________________ Dollars ($____________________), lawful money of the

United States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. If more than one surety is named above, said sureties shall be jointly and severally liable to Obligee.

WITNESSETH THAT:

WHEREAS, The Principal heretofore has submitted to the Obligee a certain bid, dated ______________, 20____ (the “Bid”), for the supply and delivery of High Calcium Water Grade Quicklime to the Obligee, in Montgomery County, Pennsylvania pursuant to instructions to bidders, general conditions, specifications and other related documents, constituting the contract documents, which are incorporated into the Bid by reference and a part thereof (the “Contract Documents”); and

WHEREAS, the Contract Documents are incorporated in this Bond by reference and made a part hereof: and

WHEREAS, it is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee; and

WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Bid, then the Principal and the Obligee shall enter into a contract with respect to performance of such work (the “Agreement”), the form of which Agreement is set forth in the Contract Documents.

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference.

1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.a.

2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

a. Owner has notified Contractor and Surety, at the addresses described herein, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner’s right, if any, subsequently to declare a Contractor Default; and

b. Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.a; and

c. Owner has agreed to pay the Balance of the Contract Price to:

Surety in accordance with the terms of the Contract; or another contractor selected pursuant to Paragraph 3.c. to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense, take one of the following actions:

a. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

b. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

c. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner’s concurrence, to be secured with performance bond executed by a qualified surety equivalent to the bond issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

d. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

(1) After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or (2) Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.d, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under

Paragraph 3.a, 3.b, or 3.c above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

a. The responsibilities of Contractor for correction of defective Work and completion of the

Contract;

b. Additional legal, design professional, and delay costs resulting from Contractor’s Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and

c. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the

Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors.

7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations.

8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page.

10. When this Bond has been furnished to comply with a statutory requirement in the location where the

Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

11. Definitions.

a. Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

b. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

c. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

d. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

IN WITNESS WHEREOF, the Principal and the Surety, intending to be legally bound, cause this Bond to be signed, sealed and delivered this ____ day of _______________, 20___.

(Individual Principal)

________________________(SEAL)

WITNESS: (Signature of Individual) trading & doing business as

(Partnership Principal)

WITNESS: (Name of Partnership)

_____________________________ By:_____________________(SEAL) Partner

(Corporate Principal)

ATTEST: (Name of Corporation)

_________________________ By:____________________(SEAL) Secretary (Assistant Secretary) President (Vice President)

(Corporate Surety)

WITNESS: (Name of Corporation)

________________________ By:_________________________ (Attorney-in-fact)

NOTES:

Attach an appropriate Power of Attorney, dated as of the same date as the bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the corporation.

If the Contractor is a Partnership, all partners shall execute the bond.

Surety companies executing bonds must appear on the U. S. Department of the Treasury most current Bond List (Circular 570 as amended). Bond amounts are subject to the underwriting limitation listed in the most recent Circular 570.

GENERAL CONDITIONS

APPROXIMATE ESTIMATE OF QUANTITIES

The Contractor acknowledges that in contracts based on unit prices the estimate of quantities of materials or equipment to be furnished, as shown on the Bid Form and in the Contract, is approximate and is given only for the benefit of the Authority to be used as a basis of calculation upon which to determine the lowest Bidder.

The Authority will not assume any responsibility for the estimate of quantities, or the character of the work or location, or other conditions pertaining thereto. The Authority reserves the right to diminish any or all of the mentioned quantities of materials or equipment or to omit any of them as it may deem necessary, and any such decrease of the quantities given shall not be considered as sufficient grounds for granting an increase in the unit prices bid.

SUBMISSION OF BONDS, AWARD, AND EXECUTION OF CONTRACT

The Bidder selected as the apparent successful Bidder will be notified by the Authority, pursuant to a Notice of Intent to Award, of its intention to award the Contract. When the Authority gives a Notice of Intent to Award to the lowest responsible Bidder, it will be accompanied by two unsigned duplicate original copies of the Contract. Within ten days thereafter, the Contractor shall sign and deliver said duplicate original copies of the Contract to the Authority, together with certificates of insurance, the performance bond and Waiver of Lien form. After receipt and approval of the contract, certificates of insurance, the performance bond and Waiver of Lien form, the Authority will sign and date the Contract, and return one copy to Contractor.

CANCELLATION OF AWARD

The Authority reserves the right to cancel the award of any Contract at any time prior to its execution by the Authority.

TAXES

The Authority will furnish a signed sales tax exemption certificate upon request for equipment and services provided under this contract which are determined to be tax exempt. The Contractor is responsible to make any necessary inquiries and investigations with regulating state agencies to obtain a determination of equipment and services that are tax exempt for this project and shall reflect any tax exemptions in his bid.

INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Authority, its directors, officers, agents and employees, from and against all claims, damages, losses and expenses, including without limitation attorney’s fees and legal costs, arising out of or resulting from the Contractor’s performance of the Contract, including, without limitation claims, damages, losses or expenses attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including loss of use resulting therefrom, caused in whole or in part by acts or omissions or negligence of the Contractor, a subcontractor, anyone directly or indirectly employed by them or for anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by the Authority. Contractor further agrees to indemnify, save and hold the Authority, and its directors, officers, agents, and employees harmless from and against any and all claims brought by the agents, workers, servants, or employees of Contractor for any alleged negligence or condition caused or created, in whole or in part, by the Authority. The indemnification obligations under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts of the Commonwealth of Pennsylvania or any other state.

INSURANCE AND BONDS

The Contractor shall purchase and maintain liability insurance for the term of this Contract and furnish Certificates of Insurance to the Authority naming the Authority as an additional insured, and showing the following minimum limits of public liability coverage:

Comprehensive General Liability including Personal Injury Liability, Broad Form Property Damage Liability, Completed Operations, and Blanket Contractual Liability on all written contracts:

$1,000,000 Each Occurrence $1,000,000 Annual Aggregate

Comprehensive Automobile Liability:

Minimum combined single limit for both bodily injury and property damage:

$ 1,000,000

The Contractor shall purchase and maintain during the term of this Contract standard Worker's Compensation Insurance including employer's liability coverage (Coverage B) with limits of at least $100,000 or as required by law, whichever is greater.

The Contractor shall take out and furnish to the Authority and maintain during the term of this Contract Owner's Protective Liability Insurance in the amounts specified above covering personal injury and property damage.

Insurance certificates shall contain a clause requiring thirty (30) days advance notice to the Authority before the policy can be canceled.

PAYMENT

Payment will be made on the basis of actual material delivered and shall be made within 30 days of receipt of invoice.

SPECIFICATIONS

GENERAL

The specifications describe High Calcium Water Grade Quicklime required by the Lower Perkiomen Valley Regional Sewer Authority.

REQUIREMENT

700 TONS per Year of High Calcium Water Grade Quicklime for delivery to the Oaks Wastewater Treatment Plant for a two year period.

MATERIAL CONSISTENCY

Delivered High Calcium Water Grade Quicklime shall be 1/8” X 0”, 100% passes a 1/8” screen and suitable for the treatment of municipal wastewater sludge. Quality and test procedures shall be in accordance with AWWA Standards (B202).

FREQUENCY OF DELIVERY

On-call basis.

SAFETY DATA SHEET

A Safety Data Sheet must be supplied for material being bid. This data sheet must be submitted with the Bid.

DEVIATIONS

Any request for deviations from these specifications must be submitted in writing with the Bid.

DELIVERY OF MATERIAL

Delivery is to be made to the Lower Perkiomen Valley Regional Sewer Authority (wastewater treatment plant) at 101 Station Avenue, Oaks, PA, with all freight charges to be included in the per unit bid price. Delivery will be made between the hours of 7:00 AM and 1:00 PM, Monday through Friday, unless specifically requested by the Authority to do otherwise. No deliveries can be made on Saturdays, Sundays, or holidays except in the case of emergency shipments where the delivery order expressly so provides.

Delivery shall be a minimum of 24 TONS per delivery of High Calcium Water Grade Quicklime upon request of the Authority Operations personnel and shall be delivered within 3 calendar days of the request.

Dry bulk High Calcium Water Grade Quicklime shall be off loaded utilizing the pressurized piping transport system into the lime storage silo adjacent to the sludge processing building.

CONDITIONS FOR PURCHASING ELSEWHERE

Quick Lime is essential to the Authority’s operation; therefore, time is of the essence. The Contractor must deliver the quantity requested within three (3) calendar days after a request for delivery is made. If Contractor fails to deliver the quantity requested within the three-day period, the Authority reserves the right, without further notice to Contractor and without any opportunity to cure, to order High Calcium Quick Lime on an emergency basis from any third party, and in such manner as it shall elect, at the expense of the Contractor; reserving to itself all rights for damages which may be incurred by the Authority. The Authority’s right in this regard shall not relieve Contractor of its obligations and responsibilities under the Contract and shall not give rise to a duty on the part of the Authority to exercise the right for the benefit of the Contractor or any other person or entity.

WEIGHT/VOLUME & PURITY CERTIFICATIONS

All shipments must be accompanied by weight/volume and chemical purity certificates or certified weighers.

Failure to provide such weight/volume and chemical purity certificates may be considered basis for rejection of the shipment.

INSPECTION AND CHEMICAL ANALYSIS

An authorized representative of the Authority shall have the right to inspect each shipment of High Calcium Quick Lime before delivery is accepted and to require the Contractor to furnish a chemical analysis of a sample of lime representative of that being delivered to the Authority. Such analysis shall include a determination of physical gradation and available calcium oxide as a percentage of the total sample weight.

Sampling and testing methods shall conform to appropriate A.S.T.M. or A.W.W.A. Standards.

CANCELLATION CLAUSE

If the Contractor fails to follow these specifications (or other provisions of the Contract) and then fails to make necessary corrections within fifteen (15) days after receiving written notice from the Authority, then the Authority may cancel this contract by written notice to Contractor, using the above violations as the basis for cancellation; reserving to itself all rights for damages which may be incurred by the Authority.

CONTRACTOR’S LIABILITY

If the supplied material does not meet the quality standards indicated in the Contract Specifications as determined by the Authority, it will be the liability of the Contractor to pay for transportation and handling for removal of the supplied material from the Oaks Wastewater Treatment Plant to the Contractor’s location and immediately substitute the substandard material with contractually approved material. The Contractor also has the liability to compensate and pay for damages if those damages were attributed to the non-conformity of the original material supplied by the Contractor.