1-Sludge Removal Services - Contract Documents - 2026.pdf

SLUDGE REMOVAL SERVICES

SPECIFICATIONS

AND

CONTRACT DOCUMENTS

PREPARED BY:

BUCKS COUNTY WATER & SEWER AUTHORITY

1275 ALMSHOUSE ROAD

WARRINGTON, PA 18976

JUNE 2026

BUCKS COUNTY WATER & SEWER AUTHORITY

TABLE OF CONTENTS

LEGAL AGREEMENT SECTION AND BIDDER'S REQUIREMENTS PAGES

A. Bidding Requirements and Instructions

Advertisement 1 Instructions to Bidders 4 Bid for Unit Price Contracts 1 Bid Bond 2 Non Collusion Affidavit 1 Contractor's Qualification Statement 5

B. Contract Forms

Agreement 3 Payment Bond 2 Performance Bond 2 Certificate of Insurance Form 1 Additional Insured Endorsement Form 1

C. Technical Specifications 4

Appendix - Biosolids Analysis

ADVERTISEMENT

Bucks County Water and Sewer Authority 1275 Almshouse Road Warrington, PA 18976

Online sealed proposals will be received by the Bucks County Water and Sewer Authority via the Pennbid Program until 10:00 A.M., prevailing time, on the 13th day of July, 2026, at which time and place they will be publicly opened and read for:

AS SPECIFIED OR APPROVED EQUAL

All documents and solicitation details are available at no cost at www.Pennbid.net.

Each proposal must be accompanied by a certified check or bid bond payable to Bucks County Water & Sewer Authority, in the amount of ten percent (10%) of the bid price.

Bids must be submitted unconditionally. No bidder may withdraw bid within 60 days after the scheduled closing time for receipt of bids.

The Authority reserves the right to waive any informalities, or reject any or all bids.

BUCKS COUNTY WATER AND SEWER AUTHORITY

Benjamin W. Jones, C.E.O.

AD - 1

http://www.pennbid.net/

INDEX

INSTRUCTIONS TO BIDDERS

NO. PARAGRAPH TITLE PAGE

1. Receipt and Opening of Bids IB - 1

2. Withdrawal of Bids IB - 1

3. Preparation of Bids IB - 1

4. Intent of Contract Documents IB - 1

5. Addenda and Interpretations IB - 1

6. Conditions of Work IB - 1

7. Qualifications of Bidders IB - 1

8. Bid Security IB - 2

9. Contract IB - 2

10. Bonds IB - 2

11. Basis of Award IB - 2

12. Rejection of Bids IB - 2

13. Payments IB - 2

14. Power of Attorney IB - 2

15. Permits IB - 3

16. Discrepancies in Bid IB - 3

17. Estimated Quantities IB - 3

18. Safety IB - 3

19. Legal Actions IB - 3

20. Worker’s Compensation IB – 3

21. General Liability IB – 3

22. Automobile Liability IB – 4

23. Pollution Liability IB - 4

24. Unemployment IB – 4

25. Disability Act IB - 4

26. Termination of Contract IB - 5

INSTRUCTIONS TO BIDDERS

1. RECEIPT AND OPENING OF BIDS

Each bidder shall familiarize himself with all Forms, Instructions, general Conditions, Specifications, Drawings, etc., posted in “Documents” section of the Pennbid, as he will be held responsible to fully comply therewith.

The Owner may consider non-responsible any bid not prepared and submitted in accordance with the provisions hereof, and may waive any informalities in or reject any and all bids.

2. WITHDRAWAL OF BIDS

Bid may be withdrawn prior to the bid opening by clicking “Withdraw Bid” within the Pennbid. After bid opening, no bid may be withdrawn within sixty (60) days after the scheduled closing time for receipt of bids.

3. PREPARATION OF BIDS

Bidders are assumed to have carefully examined the Instructions to Bidders, the Specifications, the form of Proposal, and will be presumed to understand conditions under which he will operate and to have carefully investigated physical conditions at the site and character of the work to be done, and to have inquired fully into the difficulties of performance of the work before preparing their proposal. The Owner will not be responsible for failure of the bidder to properly estimate such difficulties and costs, or for overlooking any of the requirements of the Contract Documents.

4. INTENT OF CONTRACT DOCUMENTS

The intent of the Contract Documents is to obtain a complete job, satisfactory to the Authority. It shall be under-stood that the Bidder has satisfied himself as to the full requirements of the Contract documents, and has based his proposal upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the prices bid for the items listed in the proposal.

5. ADDENDA AND INTERPRETATIONS

Bidders shall acknowledge receipt of all addenda within the “Documents” section. All posted Addenda shall become part of this contract.

6. CONDITIONS OF WORK

Each bidder must inform himself fully of the conditions under which the work will be performed; failure to do so will not relieve the successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid.

Each bidder may schedule an appointment to inspect conditions at the Bucks County Water & Sewer Authority Harvey Avenue Waste Water Treatment Plant prior to bid opening. To schedule an appointment, phone Kevin Deetz (215) 461-9034 between the hours of 9:00AM and 3:00 PM Monday through Friday. Appointments for inspection will be restricted to the days and times specified above. No Employee of the Authority is authorized to make any comments with respect to the specifications and a bidder may not rely upon any such comments if made during the course of an inspection.

The biosolids analysis provided in appendix A is intended to be representative of existing sludge on the date the test was performed. The Authority makes no representations concerning the concentration of the sludge or the content of the sludge other than to make available the attached analysis.

7. QUALIFICATIONS OF BIDDERS

The Owner will make such investigations as it deems necessary to determine the ability and competency of the Bidder to perform the work in the manner and within the time limit stipulated, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request, such as evidence of the resources to fulfill the conditions of the Contract Documents. The Owner reserves the right to reject any bid received if the investigation fails to satisfy the Owner that such a bidder is properly qualified to carry out the obligations of the Contract and to complete the work as specified. The Bidder may also be required to prove to the satisfaction of the Owner that he has within the two year period prior to the submission of his bid, successfully completed a contract for similar work in an amount of not less than seventy-five percent (75%) of the amount of the proposed contract.

The bidder is responsible for providing documentation to the Owner verifying compliance with local, state, and federal permit requirements as applicable to the scope of services.

Documentation of permit and license renewals shall be provided to the Owner as they occur during the life of the Contract.

IB – 1

8. BID SECURITY

Each bid must be accompanied by a certified check of the bidder, or a bid bond, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in an amount not less than ten percent (10%) of the amount of the base bid. Such checks or bid bonds will be returned to all except the three lowest formal bidders within the ten-(10) days after the formal opening of the bids.

9. CONTRACT

The bidder to whom the Contract is awarded shall, within ten (10) working days after the official notice of acceptance of his bid, execute a contract in quadruplicate, then submit same with Bonds and Insurance Certificates to the Owner.

Failure or refusal of the bidder to do so will be considered as an abandonment of the Contract, and bid security posted with any proposal shall be forfeited to and become the property of the Owner in an amount not to exceed the difference between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid.

10. BONDS

Simultaneously with his delivery of the executed Contract, the successful bidder must deliver to the Owner executed bonds as security for the faithful performance of the Contract and for payment of all persons performing labor or furnishing materials in connection therewith. The performance bond shall be in the amount of 100% of the total contract price renewable annually. The payment bond shall be in the amount of 100% of the total contract price renewable annually. The bonds shall be in the forms attached hereto and shall have as security thereon such surety company or companies as are acceptable to the Owner and as are authorized to transact business in this State.

Alterations made in the terms of the Specifications, or Agreement, or quantities of work shall in no way violate the bond.

11. BASIS OF AWARD

The Contract will be awarded on the basis of competitive bids to the responsible bidder submitting the lowest responsive bid. Owner reserves the right to evaluate facilities, operational and maintenance record for uninterrupted sludge services as part of basis of award.

12. REJECTION OF BIDS

The Owner reserves the right to reject any or all bids for any reason or to accept any bid should it deem it to be for its best interest to do so. Bids which are incomplete, conditional, or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as non-responsive. The right to reject or accept bids shall be solely for the benefit of the Owner, and shall create no right, entitlement or expectation in any bidder.

13. PAYMENTS

Payments to be made for services rendered pursuant to a contract executed by the Bucks County Water & Sewer Authority and the successful bidder will be by an credit card at no fee to the Authority, on the basis of monthly invoices submitted to the Authority for the quantity of sludge removed and transported during that time period.

The bidder, by submitting a bid pursuant to this procurement process shall be deemed to have accepted the form of payment provisions as set forth in this paragraph.

14. POWER OF ATTORNEY

Attorneys-in-fact who execute contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

IB-2

15. PERMITS

The Contractor shall be required to determine the necessity for and obtain all necessary permits from the municipalities, or other public authorities, and shall give all notices required by law or municipal ordinances.

The charges or fees for any permits issued by the Owner will be assumed by the Owner, but any other fees shall be borne by the Contractor.

The Contractor shall provide a copy of his permit to discharge sludge or letter authorizing and accepting discharge of sludge for Bucks County Water and Sewer Authority at the primary disposal site and at the emergency disposal facility with his bid package. Bids which do not contain these permits and/or letters will be considered non-responsive and rejected.

16. DISCREPANCIES IN BID

In the event there is a discrepancy between the unit price and the extended totals, the unit price shall supersede.

17. ESTIMATED QUANTITIES

The estimated quantities as given in the bid form for unit price contracts and the specifications are approximate only, being given as a basis for the uniform comparison of bids, and the Owner does not expressly or by implication warrant that the actual amount of work will correspond therewith.

18. SAFETY

It shall be the single and sole responsibility of the Contractor to ensure that its activities comply with appli-cable safety requirements. The Owner shall not owe any duty under this Contract or otherwise to the Contractor or its agents, employees or guests to inspect the work or otherwise ensure compliance by the Contractor with applicable safety requirements. No increases in the contract price or extensions in contract completion time shall be given by the Owner as the consequence of the Contractor's failure to so comply.

19. LEGAL ACTIONS

All legal actions with respect to, or arising out of this contract shall be brought only in the Court of Common Pleas of Bucks County, Pennsylvania. This contract shall be interpreted and enforced according to the substantive law of Pennsylvania.

20. WORKER'S COMPENSATION INSURANCE

The Contractor shall carry Worker's Compensation Insurance during the life of the Contract to insure his statutory liability to his employees in the State of Pennsylvania. Coverage shall not be less than $100,000.00.

21. COMPREHENSIVE GENERAL LIABILITY AND PROPERTY DAMAGE

The Contractor shall carry the Comprehensive Form of General Liability and Property Damage Insurance during the life of the Contract covering the risks provided for in this contract. Copies of the required forms are included in the Contract Documents. The combined single limit shall not be less than $1,000,000 for bodily injury and property damage. This coverage shall also include but not be limited to explosion, collapse and underground hazards. The Contract shall carry excess umbrella liability with a limit of not less than $2,000,000. The umbrella limit shall be in excess of all primary limits for Workmen’s Compensation, Comprehensive General Liability and Comprehensive Automobile Liability.

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The Contractor shall be responsible for insuring all materials and equipment stored on-site and off-site. All Contractors insurance policies shall be with a responsible insurance company or companies, qualified to do business under the laws and regulations of the Commonwealth of Pennsylvania and rated “A” or better by A.M. Best Co. Policies shall be written in the names of the Contractor and Owner “as their respective interests may appear”, subject to 100% coinsurance. The Contractor and Insurance Carrier shall advise the Owner in writing at least thirty (30) days before any required insurance policy is canceled. Policy cancellation shall not be permitted until this notification is accepted an approved by the Owner. Evidence of required insurance shall be provided by the use of an “ACCORD 25.” Copies of all insurance policies will be filed with the Owner. The certificate holder must be Bucks County Water and Sewer Authority and its address must be shown. The insurance broker for the contractor must provide a copy of either the endorsement to the policy showing that the Authority is named as an additional insured or a copy of the transmittal letter to the insurance company specifically requesting that the Authority be added as an additional insured and giving an effective date.

22. COMPREHENSIVE AUTOMOBILE LIABILITY AND PROPERTY DAMAGE

The Contractor shall carry the Comprehensive Form of Automobile Liability and Property Damage Insurance during the life of the contract. The combined single limit shall be not less than $1,000,000 for bodily injury and property damage.

23. POLLUTION LIABILITY

The contractor for sludge hauling and disposal shall carry pollution liability insurance during the life of the contract.

The combined single limit shall not be less than $1,000,000.00. The insurance policy shall be with a responsible insurance company qualified to do business under the laws and regulations of the commonwealth of Pennsylvania, and rated “A” or better by A.M. Best Company. Policy shall be written in the name of the contractor, engineer and owner "as their respective interests may appear”. Insurance shall be on an Occurrence basis. Insurance on a claim made basis shall be unacceptable.

24. UNEMPLOYMENT INSURANCE

The Contractor hereby agrees to accept exclusive liability for and shall hold the Owner harmless for all payroll taxes for contributions for unemployment insurance or old age pensions, or annuities, measured by wages, salaries or other remuneration paid to employees of said Contractor.

25. AMERICANS WITH DISABILITIES ACT

During the terms of this contract, the Contractor agrees as follows:

Pursuant to Federal regulations promulgated under the authority of the Americans with Disabilities Act, 28 C.F.R.

Section 35.101 et seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of disability, be excluded from participation in this contract or from activities provided for under this contract. As a condition of accepting and executing this contract, the contractor agrees to comply with the “general prohibitions against discrimination” 28 C.F.R. Section 35.130, and all other regulations promulgated under title II of the Americans with Disabilities Act which are applicable to the benefits, services, programs and activities provided by the Bucks County Water and Sewer Authority through contracts with outside contractors. The Contractor shall be responsible for and agrees to indemnify and hold harmless the Bucks County Water and Sewer Authority from all losses, damages, expenses, claims, demands, suits and actions brought by any party against the Bucks County Water and Sewer Authority as a result of the Contractor’s failure to comply with the provisions of the above paragraph.

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26. TERMINATION OF CONTRACT

This contract may be terminated for any reason or for no reason, and by either of the parties to said contract, at any time, subject to thirty (30) calendar days written notice of intent to terminate.

Notice shall be made in writing, and delivered to the other party to the contract, or it shall be deemed invalid, and the termination ineffective.

A writing shall be defined as an electronic mailing (email), sent to the vendor or his or her designated agent and tracked as “read receipt requested”; or, via written letter to the vendor or his or her designated agent, sent via an overnight service or certified USPS mail or delivered in person by messenger or an agent of either party to the contract.

IB-5

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _________________________________________________________________________, as Principal, and _____________________________________________________________, as Surety, are hereby held and firmly bound unto Bucks County Water and Sewer Authority as Owner in the penal sum of

_____________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed this _________ day of ______________________, 2026

The Condition of the above obligation is such that whereas the Principal has submitted to Bucks

County Water and Sewer Authority a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for: Sludge Removal Services

Now Therefore,

a. If said bid shall be rejected, or in the alternate,

b. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of

Contract attached hereto (properly completed in accordance with said bid), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by. The acceptance of said Bid, then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

BB - 1

The Surety, for valve received, hereby stipulates and agrees that the obligations of said

Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

___________________________________(L.S.)

Principal

Surety

By:____________________________________

IMPORTANT: Surety companies executing bonds must appear on the approved Pennsylvania’s most current list of insurance companies, and be authorized to transact business in the State.

BB – 2

FORM OF GUARANTY

Accompanying this Proposal is a __________________________________ in the amount of

______________________________________________ Dollars ($______________) as bid security.

The undersigned hereby certifies that this Proposal is genuine, and not sham or collusive, or submitted in the interest or on behalf of any person, firm or corporation not herein named, and has not induced any other persons to refrain from bidding, and has not in any way sought by collusion to secure for himself an advantage over any other bidder.

Firm Name:_______________________________

Address:________________________________

By:________________________________

Title:________________________________

Official Seal Attest:

FG-1

NON-COLLUSION AFFIDAVIT

State of ) ) ss:

County of )

I state that I am _____________________________of _____________________________ (Title) (Name of my Firm) and that I am authorized to make 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 contract, 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.

(5) ___________________________________. Its affiliates, subsidiaries, officers, directors (Name of my firm) 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:

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

(6) No other bidder is affiliated in any respect with this bidder.

(Name and Company Position)

SWORN TO AND SUBSCRIBED

BEFORE ME THIS ______ DAY

OF __________________ 20 ___

________________________________ My Commission Expires Notary Public

CONTRACTOR'S QUALIFICATION STATEMENT

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

Submitted To:________________________________________________________________

Address:_____________________________________________________________________

Submitted By:____________________________________________ Contract No._________

Address:_____________________________________________________________________

Principal’s Name:______________________________________________________________

Mailing Address:_______________________________________________________________ (If different than above)

Check-Corporation( ), Partnership( ), Individual( ), Joint Venture( ), or Other( )

1.0A How many years has your organization been in business as a Hauler/Disposal contractor?

1.0B Federal identification number (or SSN for Individual)______________________________

2.0 How many years has your organization been in business under its present business name?

2.1 Under what other or former names has your organization operated?

a._______________________________________________________________________ b.______________________________________________________________________ c._______________________________________________________________________

3.0 If a Corporation, answer the following:

3.1 Date of Incorporation: _______________________________________________

3.2 State of Incorporation: _______________________________________________

3.3 President’s name:___________________________________________________

3.4 Vice President’s names:_____________________________________________

3.5 Secretary’s name:__________________________________________________

3.6 Treasurer’s name:__________________________________________________

4.0 If Individual or Partnership, answer the following:

4.1 Date of organization: _______________________________________________________

4.2 Type of partnership:________________________________________________________

4.3 Name and address of all partners: (State whether General or Limited Partnership)

5.0 If other than a Corporation or Partnership, describe organization and name Principals:

6.0 List the States and the categories in which your organization is legally qualified to do business. Indicate registration or license numbers if applicable:

7.0 Organization normally performs the following type of work:

1. List the categories of work that your organization normally performs with its own forces:

8.0 Have you ever failed to complete any contract work that was awarded to you?

Yes ( ) or No ( )

If your answer was YES, fully describe the circumstances surrounding that failure.

9.0 Are you currently involved or during the past 10 years been involved with litigation with any current or previous customer either as plaintiff or defendant?

Yes ( ) No ( )

If your answer was YES, please state the nature and status of the litigation and the stated reasons for the dispute.

9.1 Have your firm or your subcontractors ever been debarred by Federal, State or local authorities.

If YES, please provide a complete listing of events to that effect.

10.0 Within the last 10 years, has any Officer or Partner of your organization been an Officer or

Partner of any other organization that defaulted on a contract?

Yes ( ) No ( )

If YES, attach a separate sheet explaining the default.

10.1 Within the last 10 years, has any officer, partner or principal in your organization been convicted of a crime?

Yes( ) No ( )

If YES, attach a separate sheet explaining the answer.

11.0 How would you best describe your company?

How many employees are currently on your company payroll?

Full Time_________________ Part Time____________________

12.0 On a separate sheet of paper list all major contracts that your organization has in process, giving the Name of the Project, the Owner’s Name, the Architect, the Contract Amount.

Percent complete and the Scheduled Completion Date.

13.0 On a separate sheet of paper list the major projects your organization has completed in the past five years, giving the Name of the Project, the Owner’s Name, Architect’s Name, the Date of Completion and the Contract Amount.

14.0 On a separate sheet of paper list the construction experience of the key individuals of your organization, including the project manager, site superintendant and foremen.

15.0 On a separate sheet of paper list the rolling stock and powered equipment that your organization owns or rents. Annotate the type and quantities of the equipment that you intend to use on this jobsite.

16.0 Trade References:

1._________________________________ 2.____________________________________

3._________________________________ 4.____________________________________

17.0 Bank References:

1._________________________________ 2.___________________________________

18.0 Name of Bonding Company with the name and address of agent:

Name:__________________________________________________

A.M. Best Rating:__________________________________________

Agent:___________________________________________________

18.1 Current bonding capacity available to Contractor $_________________

CQS-4

19.0 For construction bids in excess of $100,000.00, attach last audited financial statement, including Contractor’s latest balance sheet and income statement plus statement of cash flow showing the following:

a. Current Assets,

b. Net Fixed Assets,

c. Other Assets,

d. Current Liabilities,

e. Name of firm preparing financial statement and date thereof.

19.1 Is this financial statement for the identical organization named on page one?

Yes ( ) No ( )

If NO, explain the relationship and financial responsibility of the organization whose financial statement is provided.

Parent ( ), Subsidiary ( ), Other:_________________________________________

a. Will this organization act as a guarantor of the contract for construction?

YES ( ) NO ( )

20.0 It will be required that the general Contractors retain craftsmen skilled and licensed to perform their work. The Owner will award contracts to responsible prospective bidders who have the ability and resources available to perform successfully under the terms and conditions of the proposed contract. The following are guidelines that the Owner may use in determining the lowest responsible bidder:

1. The general Contractor must have been in business for at least five years.

2. In consideration of the Owner’s requirement for the provision of quality workmanship, safety prompt and timely completion of the work and the inflexibility of the work scheduled it will be required that each Prime Contractor retain craftsmen skilled and licensed to perform their work.

3. The bidder has experience in the Construction of facilities of similar size, and can demonstrate their ability to complete a facility of this size and scope, within the contract guidelines and to the Owner’s satisfaction.

4. The Project Manager to be assigned to this project has been Project manager at least one (1) previous justice center project.

5. The General Contractor will be responsible for the general construction work as outlined in all of the documents. The general contractor must be capable of performing 15% of the labor in their portion of the documents with their own forces.

General construction “brokers” will not be qualified bidders.

____________________________, being duly sworn, deposes and says that he/she is the

_______________ of Contractor (s), and that answers to the foregoing questions and all statement therein contained are true and correct.

Subscribed and sworn before me this________day of _______________, 2026.

Notary Public :___________________________________________________________

My Commission Expires: ____________________________________________________

CQS – 5

AGREEMENT

THIS AGREEMENT made this ______ day of ___________, 2026, by and between Bucks County Water and Sewer Authority, hereinafter "Owner" and __________________________, hereinafter "Contractor", for "Sludge Removal Services". The Owner and the Contractor, in consideration of the mutual promises contained in this Agreement, and intending to be legally bound, agree as follows:

GENERAL PROVISIONS:

The Contractor shall:

(a) have charge of and be responsible for the entire work for which he has contracted until its final completion and acceptance by the Owner,

(b) be solely liable for any damage occasioned by his work to the property of the Owner and others.

RESPONSIBILITIES OF CONTRACTOR:

The Contractor agrees to pay for all materials furnished and services rendered for the performance of the Contract and that any person or corporation furnishing materials or rendering services to the Contractor as though such person or corporation were expressly named herein.

The Contractor shall defend, indemnify and save harmless the Owner and the Owner's engineer, ("Engineer"), their officers, employees and agents from and against any and all claims, demands, suits, judgments, costs and expenses of any kind arising out of the work to be performed hereunder and resulting in any injury (including death) to any person or damage to any property (including loss of use) caused by any act or failure to act by the Contractor, its officers, employees, agents or guests.

The Contractor shall cooperate with the Owner in carrying on the work, without interrupting any service to the public.

BONDS AND INSURANCE CERTIFICATES:

The Contract will not become effective until the Owner has received satisfactory performance and material payment bonds executed by responsible surety companies licensed to do business in the Commonwealth of Pennsylvania and acceptable to the Owner, together with insurance certificates in respect of the insurance required by the specifications under policies issued by companies authorized to do business in Pennsylvania and acceptable to the Owner.

STARTING AND PROSECUTION OF WORK:

The Bidder agrees to begin the work within ten (10) consecutive calendar days after receipt of Notice to Proceed, and to prosecute it expeditiously, using an adequate number of competent men, suitable equipment and machinery at all times, and working each working day that weather conditions permit as requested by the Bucks County Water and Sewer Authority

WORK INCLUDED IN THE CONTRACT:

The Contract shall consist of furnishing all labor, equipment, tools and other facilities and all necessities for the removal, transport, and disposal of sludge from the Bucks County Water and Sewer Authority Harvey Avenue Wastewater Treatment Plant to an approved Pennsylvania Department of Environmental Protection sludge disposal facility, as described in these specifications prepared by the Owner and the advertisement for bids.

AG-1

LIQUIDATED DAMAGES:

Owner and Contractor recognize that the time of the essence of this Agreement and that Owner will suffer financial loss if sludge is not removed from the Owner’s facilities in accordance with the schedule indicated in the Technical Specifications. Contractor recognizes that the staffing requirements and performance of the Owner’s sewage treatment plant are materially dependent upon Contractor’s compliance with the sludge removal schedule indicated in the Technical Specifications. Further, Contractor recognizes the delays, expense and difficulties involved in litigation determining the actual losses or damages (including special, indirect, consequential, incidental and any other losses or damages) suffered by Owner if the Contractor is unable to remove sludge from the Owner’s facilities in accordance with the schedule indicated in the Technical Specifications.

Accordingly, and instead of requiring proof of such losses or damages, Owner and Contractor agree that as liquidated damages (but not as a penalty) Contractor shall pay Owner Three Hundred Dollars (300.00) for each occasion the Owner is required to staff the Bucks County Water and Sewer Authority Harvey Avenue Wastewater Treatment Plant in order for the Contractor to load/remove the required volumes of sludge on a day other than Monday through Friday or at a time other than between the hours of 8:00AM to 3:00PM.

CONTRACT DOCUMENTS:

The Contract Documents consist of this Agreement, Bid Form, the Conditions of the Contract (General, Supplementary, Instructions to Bidders, and other Conditions), the Drawings, the Specifications, all Addenda issued prior to bidding, and all modifications issued after execution of this Agreement. This form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

MATERIALS TO BE FURNISHED BY THE OWNERS:

No material will be furnished by the Owners.

WORK DONE BY THE OWNERS:

No work will be done by the Owner in connection with this Contract.

PAYMENTS:

In consideration of the Contractor faithfully complying with the terms and stipulations of the Contract, the Owners covenant and agree to pay said Contractor the sum set forth in the proposal of said Contractor, and also pay for any extra work that may be agreed upon in writing, and said prices shall be full compensation under the terms of the Contract.

Monthly invoices will be prepared by the Contractor, and approved by the Owner, for the work done as of the last day of each month, while work is being carried on under this Contract, and payment of the invoice will be made by a credit card payment at no fee to the Authority.

TERMINATION:

This contract may be terminated for any reason or for no reason, and by either of the parties to said contract, at any time, subject to thirty (30) calendar days written notice of intent to terminate.

Notice shall be made in writing, and delivered to the other party to the contract, or it shall be deemed invalid, and the termination ineffective.

A writing shall be defined as an electronic mailing (email), sent to the vendor or his or her designated agent and tracked as “read receipt requested”; or, via written letter to the vendor or his or her designated agent, sent via an overnight service or certified USPS mail or delivered in person by messenger or an agent of either party to the contract.

AG-2

IN WITNESS WHEREOF: Owner has, by Resolution, authorized the corporate seal of the Bucks County Water and Sewer Authority to be affixed and the Contractor has caused its seal to be affixed and the Contract signed by duly authorized officials, the day and year first shown above.

CONTRACT PRICE: $_____________________________

Attest: BUCKS COUNTY WATER AND SEWER AUTHORITY

________________________ By:_____________________________________________ (Chairman)

Date:____________________________________________

Attest: CONTRACTOR

________________________ By:______________________________________________

(President)

Date:____________________________________________

AG-3

PAYMENT BOND

KNOW ALL MEN, that we __________________________________________________ as Principal, and ______________________________________________________, as Surety, are held unto Bucks County Water and Sewer Authority and its successors and assigns (hereinafter called the Obligee), in the sum of _____________________________________________ Dollars

($__________), lawful money of the United States of America, for the payment of which sum truly to be made we bind ourselves and each of our respective heirs, personal representatives, successors and assigns, jointly and severally, by these presents, this _____ day of _________________, 2026.

WHEREAS, the Principal has entered into a written agreement with the Obligee dated as of

_____________________, 2026, for performance of the Contract for “Sludge Removal Services ”, (which

Agreement, together with the plans and specifications therefore (including all related drawings and documents), and such alterations as may be made in such plans and specifications as therein provided, are hereby made a part hereof as fully as if set out herein, and shall together be hereinafter referred to as the

"Contract"; and it was a condition of the award of said Contractor that this bond be furnished.

THEREFORE, THE CONDITION OF THIS OBLIGATION is that if the Principal and all of the

Principal's subcontractors shall promptly make payment for all material furnished and labor applied or performed in the prosecution of the work under the Contract, whether or not said material or labor enter into and become component parts of said work, then this obligation shall be void; but otherwise it shall remain in full force. "Labor" and "material", as used in this bond, shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the work.

PB - 1

The Principal and Surety, for value received, hereby agree that no change, extension of time, alteration or addition to the terms of any Contract Documents or to the work to be performed thereunder, nor any forbearance by either the Obligee or the Principal to the other, shall in any way affect the obligation or either of them on this bond, and they hereby waive notice of any such change, extension of time, alteration or addition.

The Principal and Surety further acknowledge and agree that this bond is furnished pursuant to requirements of the Public Works Contractors' Bond Law of 1967, solely for the protection of claimants supplying labor or material to the Principal or any of the Principal's subcontractors in the prosecution of the work under the Contract, and that this bond is subject to all provisions of said

Law as fully as though said provisions were set forth herein at length.

They also agree that any claimant entitled under the said Law to sue on this bond may use a copy of this obligation, certified by the Obligee, for the purpose of establishing his, or its or their claim without requiring production in court of an executed original, and that action by one or more claimants shall not bar any subsequent or concurrent action(s) by the same or other claimant(s).

However, the Obligee shall in no event be liable for payment of any costs or expenses of any claimant's suit.

Both Principal and Surety acknowledge that all references herein to the Principal in singular form shall include the plural as may be appropriate to the Principal.

IN WITNESS WHEREOF The Principal and Surety, intending to be legally bound, have executed this bond the day and year aforementioned.

(Principal)

By:____________________________________

Attorney-in-fact Surety

PB – 2

PERFORMANCE BOND

KNOW ALL MEN, that we, ____________________________________________ as Principal, and __________________________________________________________ as Surety, are held and firmly bound unto Bucks County Water and Sewer Authority and its successors and assigns (hereinafter called the Obligee), in the just sum of:___________________________________Dollars

($ ) renewable annually for faithful performance of the work as specified below:

in lawful money of the United States of America, for payment of which sum truly to be made, we find ourselves and each of our respective heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents, this _________ day of ___________________, 2026.

WHEREAS, the Principal has entered into a written agreement with the Obligee, dated as of

________________________, for performance of the Contract in connection with Sludge Removal

Services, which agreement together with the specifications therefor (including all related drawings and documents) and such alterations as may be made in such specifications as therein provided, are hereby made a part hereof as fully as if set out herein, and shall together be hereinafter referred to as the "Contract" and it was a condition of the award of said Contract that this bond be furnished.

THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATIONS ARE:

That, if the Principal shall faithfully perform the Contract (including any alterations or additions thereto) in accordance with the specifications and conditions of the Contract, and satisfy all claims and demands for loss or injury to persons or property, or for wrongful death in the performance thereof, and shall fully indemnify and save harmless the Obligee

PFB – 1

from any and all costs and damage which the Obligee may suffer, and fully reimburse and repay the

Obligee any and all outlay and expense which it may incur, by reasons of any such default, then this part of the Obligation shall be void, but otherwise it shall remain in full force.

The Surety, for value received, hereby agrees that no change, extension of time, alterations or additions to the terms of any of the Contract Documents or to the items to be provided thereunder, nor any forbearance by either the Obligee or the Principal to the other, shall in any way affect its obligation on this bond, and it hereby waives notice of any such change, extension of time, alteration or addition.

Both Principal and Surety acknowledge that all references herein to the Principal, in singular form, shall include the plural, as may be appropriate to the Principal.

IN WITNESS WHEREOF, The Principal and Surety, intending to be legally bound, have executed this bond the day and year aforementioned.

Principal

By:___________________________________

PFB – 2

ADDITIONAL INSURED ENDORSEMENT FORM

The Bucks County Water and Sewer Authority is included as Additional Insured in respect to Automobile and General Liability Coverage in accordance with the Contractual Agreement between Bucks County Water and Sewer Authority and ____________________________________________________under Contract.

(Name of Contractor)

Authorized Representative________________________

Dated _________________________

Subscribed and sworn before me this______________ day, of_________________2026.

Notary Public: ________________________

My Commission Expires: ________________

CIE