1-SPEC SDCA-Sanitary Sewer Maint-2027-2031.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

MAINTENANCE OF THE SANITARY SEWER SYSTEM

FOR

SOUTHERN DELAWARE COUNTY AUTHORITY

101 BEECH STREET

BOOTHWYN, PA 19061-4062

BID OPENING

10:00 AM, FRIDAY

NOVEMBER 13, 2026

CATANIA ENGINEERING ASSOC., INC.

CONSULTING ENGINEERS

520 W. MAC DADE BOULEVARD

MILMONT PARK, PA 19033-3311

OCTOBER 2026

Set No.____________

FILE #82700-113-SSM

NOTICE TO BIDDERS

SOUTHERN DELAWARE COUNTY AUTHORITY

Online sealed bids for the for the Maintenance of the Sanitary Sewer System for the period January 1, 2027 to December 31, 2031 will be received by the Southern Delaware County Authority, online via the PennBid Program at https://pennbid.bonfirehub.com until 10:00 AM, on Friday, November 13, 2026 at which time and place they will be publicly opened and read aloud.

All Bid Documents, Construction Plans and Specifications are available online via the PennBid Program at www.PennBid.net at no cost to prospective bidders.

The successful bidder, who is awarded the contract, will be required to pay PennBid Program a fee of 1/3 % of the contract award value. There is a minimum award fee of $150.00 and a maximum of $6,000.00. Bidders must confirm the fees associated with bidding through PennBid and the successful bidder is responsible for the fees associated with the awarded bid.

Each bidder must submit with his bid, security in the form of a certified check or bid bond in the amount of 10% of the first year annual cost base bid, payable to the Southern Delaware County Authority.

Bidder’s attention is called to all of the requirements contained in this bid package, particularly to the various insurance requirements and the requirements for a Labor and Materials Payment Bond and Performance Bond for 100% of the contract price.

The Authority reserves the right to accept any bid or any parts thereof and to reject either the whole or any part or parts of any bid or bids, or all bids for any cause whatsoever, and to waive any informalities in the bidding as they deem in the best interest of the Authority.

BY ORDER OF THE BOARD OF DIRECTORS OF

SOUTHERN DELAWARE COUNTY AUTHORITY

Joseph DiMarco, President https://pennbid.bonfirehub.com/

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INSTRUCTIONS TO BIDDERS

1. THE WORK

Sanitary Sewer Maintenance for the period January 1, 2027 to December 31, 2031. The Authority may also award the base bid year 1 only, with the option to renew each of the optional years, annually, by November 30, prior to the optional year

2. SECURING DOCUMENTS

Copies of the proposed Contract Documents are available on PennBid.

3. BID FORM

In order to receive consideration, make Bids in strict accordance with the following:

A. Make Bids upon the forms provided therefore, properly signed and with all items filled out.

Do not change the wording of the Bid form, and do not add words to the Bid form.

Unauthorized conditions, limitations, or provisions attached to the Bid will be cause for rejection of the Bid. If alterations by erasure or interlineation are made for any reason, explain over such erasure or interlineation with a signed statement from the Bidder.

B. No telegraphic Bid or telegraphic modification of a Bid will be considered. No Bids received after the time fixed for receiving them will be considered. Late Bids will be returned to the Bidder unopened.

C. Address Bids to the Owner, and deliver to the address given in the Invitation to Bid on or before the day and hour set for opening the Bids. Enclose each Bid in a sealed envelope bearing the title of the work, the name of the Bidder, and the date and hour of the Bid opening. Submit only the original signed copy of the Bid. It is the sole responsibility of the Bidder to see that his Bid is received on time.

4. BONDS

A. Bid security in the amount stated in the Invitation to Bid must accompany each Bid. The successful Bidder's security will be retained until he has signed to Contract and has furnished required Certificates of Insurance.

B. The Owner reserves the right to retain the security of all Bidders until the successful Bidder enters into the Contract or until 30 days after Bid opening, whichever is sooner. Other Bid security will be returned as soon as practicable. If any Bidder refuses to enter into a Contract, the Owner may retain his Bid security as Liquidated Damages but not as a penalty.

C. Prior to signing the Contract, the Owner will require the successful Bidder to secure and post a Labor and Materials Payment Bond and Performance Bond, each in the amount of 100% of the Contract Sum, and each on the form provided therefore in the Project Manual.

Such bonds shall be issued by Surety acceptable to the Owner. Costs of such bonds will be paid for by the Contractor. In lieu of the above bonds, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts, equal to 100% of the contract amount, will be acceptable.

5. EXAMINATION OF DOCUMENTS AND SITE OF WORK

Before submitting a Bid, each Bidder shall examine the Drawings carefully, shall read the Specifications and all other proposed Contract Documents, and shall visit the site of the Work.

Each Bidder shall fully inform himself prior to Bidding as to existing conditions and limitations under

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which the Work is to be performed, and shall include in his Bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Contract Documents. No allowance will be made to a Bidder because of lack of such examination or knowledge. The submission of a Bid will be considered as conclusive evidence that the Bidder has made such examination.

6. PROOF OF COMPETENCY OF BIDDER

A Bidder will be required to furnish evidence satisfactory to the Owner that he and his proposed subcontractors have sufficient means and experience in the types of work called for to assure completion of Contract in a satisfactory manner.

7. WITHDRAWAL OF BIDS

A. A Bidder may withdraw his Bid, either personally or by written request, at any time prior to the scheduled time for opening of Bids.

B. No Bidder may withdraw his Bid for a period of sixty (60) calendar days after the date set for opening thereof, and Bids shall be subject to acceptance by the Owner during this period.

8. AWARD OR REJECTION OF BIDS

The Contract, if awarded, will be awarded to the responsible Bidder who has proposed the lowest Contract Sum, subject to the Owner's right to reject any or all Bids and to waive informality and irregularity in the Bids and in the Bidding.

9. EXECUTION OF AGREEMENT

A. The Form of Agreement which the successful Bidder will be required to execute is included in the Project Manual.

B. The Bidder to whom the Contract is awarded shall, within fifteen (15) calendar days after notice of award and receipt of Agreement forms from the Owner, sign and deliver copies to the Owner.

C. At or prior to delivery of the signed Agreement, the Bidder to whom the Contract is awarded shall deliver to the Owner those Certificates of Insurance required by the Contract Documents and such Labor and Materials Payment Bonds and Performance Bond as are required by the Owner.

D. Bonds and Certificates of Insurance shall be approved by the Owner before the successful Bidder may proceed with the Work. Failure or refusal to provide Bonds or Certificates of Insurance in a form satisfactory to the Owner shall subject the successful Bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

10. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

A. If any person contemplating submitting a Bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies in or omissions from any part of the proposed Contract Documents, he may submit to the Engineer a written request for interpretation thereof not later than seven (7) days before Bids will be opened. The person submitting the request shall be responsible for its prompt delivery.

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B. Interpretation or correction of proposed Contract Documents will be made only by Addendum and will be mailed or delivered to each General Contract Bidder of record. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

11. PRE-BID CONFERENCE - N/A

A Pre-Bid Conference will be held for the purpose of considering questions posed by Bidders. The conference will be open to all prospective Bidders and will be held at the following: N/A

12. CONSTRUCTION TIME AND LIQUIDATED DAMAGES

A. Contract Period shall begin on January 1, 2027 and extend for up to a period of five years ending December 31, 2031. The Authority may also award the base bid year 1 only, with the option to renew each of the optional years, annually, by November 30, prior to the optional year

13. NON-COLLUSION AFFIDAVIT

The Non-Collusion Affidavit must be submitted with the Bid proposal or the Bid will be held to be invalid.

14. MATERIAL SAFETY DATA SHEETS

Material Safety Data Sheets must be submitted for respective products, in compliance with Federal Hazard Communication Standard Act (29 CFR 1910, 1200) and various State Right-to-Know Laws.

END OF INSTRUCTION TO BIDDERS

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NON-COLLUSION AFFIDAVIT

State of :

County of :

I, the undersigned, state 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(s) 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(s) of this Bid, and neither the approximate price(s) nor approximate amount(s) 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 any intentionally high or 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 noncompetitive Bid.

(5) This firm, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four (4) 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 this firm understands and acknowledges that the above representations are material and important, and will be relied on by the Owner 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 the Owner of the true facts relating to the submission of Bids for this Contract.

FIRM

NAME

TITLE

SWORN TO AND SUBSCRIBED BEFORE

ME THIS DAY OF , 20 .

NOTARY PUBLIC

MY COMMISSION EXPIRES

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this Bid. According to the Pennsylvania Anti-Rigging

Act, 73 P.S. '' 1611 eq 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 unlawfully 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 firm, any intentionally high or noncompetitive Bid, and any other form of Bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an affidavit in compliance with these instructions may result in disqualification of the Bid.

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FORM OF PROPOSAL

TO: Southern Delaware County Authority FROM:

101 Beech Street Boothwyn, PA 19061-4062

PHONE#:

FAX #:

Dear Board Members:

The undersigned, having familiarized himself with the existing conditions in the Sewer System affecting the cost of the Work, and with the Contract Documents which includes the Notice to Bidders, Instructions to Bidders, Non-Collusion Affidavit, Form of Proposal, Bid Bond, Articles of Agreement, Performance Bond, Labor and Materials Bond, General Conditions, Special Conditions and Technical Specifications and Drawings, as prepared by Catania Engineering Associates, Inc., Consulting Engineers, 520 W. Mac Dade Boulevard, Milmont Park, PA 19033 (215-532-2884), hereby proposes to furnish and install all supervision, technical personnel, labor, materials, machinery, tools, appurtenances and equipment required for the Sewer System Maintenance for the period January 1, 2027 to December 31, 2031 for the total sum per year of:

AMOUNT IN WRITING (1ST/ YEAR-BASE BID) (FIGURES)

AMOUNT IN WRITING (2ND YEAR-OPTION) (FIGURES)

AMOUNT IN WRITING (3RD YEAR-OPTION) (FIGURES)

AMOUNT IN WRITING (4TH YEAR-OPTION) (FIGURES)

AMOUNT IN WRITING (5TH YEAR-OPTION) (FIGURES)

TOTAL FOR 5 YEARS IN WRITING (FIGURES)

ITEMIZE UNIT PRICES FOR ITEMS LISTED AS FOLLOWS:

1st YR 2nd YR 3rd YR 4th YR 5th YR

1. High Pressure Vacuum Truck with tools, equipment and Labor PRICE/ HOUR

2. Bucket Machines with tools, equipment and labor PRICE/ HOUR

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3. Television Inspection with all required equipment and labor (min. 4 hr. charge) PRICE/ HOUR

4. Chemical Grouting with required equipment, material, tools and labor (min. 10 joints) PRICE/ HOUR

5. Root Treatment with required equipment, material, tools and labor (min. 300 LF) PRICE/ HOUR

The bidder agrees that he is familiar with the entire sewer system.

The Authority may also award the base bid year 1 only, with the option to renew each of the optional years, annually, by November 30, prior to the optional year.

In submitting this Bid, the Bidder understands that the right is reserved by the Owner to reject any and all Bids. If written notice of the acceptance of this Bid is mailed, telegraphed or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this Bid is withdrawn, the undersigned agrees to execute and deliver an Agreement in the prescribed form and furnish the required bond within ten (10) days after the Agreement is presented to him for signature.

Security in the sum of Dollars ($ ) in the form of is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS.

Attached hereto is an affidavit in proof that the undersigned has not colluded with any person in respect to this bid or any other bid or the submitting of bids for the Contract for which this Bid is submitted.

The Bidder is prepared to submit a Financial and Experience Statement and Bidder's Qualifications Statement upon request.

Date: , 20 .

Name of Bidder

By

Title

Official Address & Phone Number:

WE HEREBY ACKNOWLEDGE RECEIPT

OF ADDENDUM NO. DATED .

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE,

as PRINCIPAL, and as SURETY, are held and firmly bound unto the (hereinafter called the OWNER), in the penal sum of DOLLARS ($ ) lawful money of the United States, for payment of which sum well and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THE OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated for .

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the time specified therein after the opening of the same, and shall within ten (10) days after the Principal is notified by the Owner of the award of such Contract to him, enter into a written contract with the Owner, in accordance with the Bid as accepted; and give bond with good and sufficient surety or sureties as may be required for the faithful performance and proper fulfillment and labor supplied, if required in said Contract; or in event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required materials or supplies, or both, if the latter amount of the former, together with any other expenses and costs that may have been incurred by the Owner, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above bonded 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.

WITNESSED BY:

(Individual Principal) (Name of Partner)

(Business Address)

ATTEST:

(Corporate Principal) (Corporate Surety)

By:

(Business Address)

SEAL

(Power of Attorney for person signing for Surety Company must be attached to Bond.)

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CERTIFICATE AS TO CORPORATE PRINCIPAL

I. , certify that I am the Secretary of the corporation as Principal in the within bond; and that , who signed the said bond on behalf of the Principal was then the of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested to for an in behalf of said corporation by the authority of its governing body.

(Corporate Seal)

We, the undersigned, will provide as Principal, a Performance and Payment Bond on the form provided, to the Owner in the penal sum of the Principal's bid for

(Surety)

(Address)

Date:

Signed:

(Attorney-in-fact)

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BIDDER'S QUALIFICATIONS

All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit additional information if he so desires.

1. Name of Bidder:

2. Permanent main office address:

3. When Organized:

4. If a corporation, where incorporated:

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand: Schedule these showing amount of each contract and the appropriate anticipated dates of completion.

7. General character of work performed by your company:

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

9. Have you ever defaulted on a contract? If so, where and why.

10. List the more important projects recently completed by your company, stating the approximate cost for each and the month and year completed.

11. List your major equipment available for this contract:

12. List experience in construction work similar in importance to this project:

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13. List background and experience of the principal members of your organization, including the officers:

14. List credit available: $

15. List bank references:

16. Will you, upon request, fill out a detailed financial statement and furnish any other information which may be required by the Owner?

17. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Bidder's Qualifications.

Bidder:

By:

Title:

Dated this day of , 20 .

State of :

County of :

being duly sworn deposes and says that he is of and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this day of , 20 .

Notary Public

My commission expires:

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GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS

A. The Contract Documents consist of the Notice to Bidders, Instructions to Bidders, Form of Proposal, Articles of Agreement, General Conditions, Special Conditions, the Drawings, and the Specifications, including all modifications thereof incorporated in the documents before their execution.

These form the Contract.

B. The term "Owner" as used herein refers to the Municipality or Party shown in the Notice to Bidders.

C. The term "Contractor" as used herein refers to the individual, firm, partnership, co-partnership or corporation who is mentioned as such in the agreement and is hereafter treated as of the singular number and masculine gender.

D. The term "Sub-Contractor" as used herein includes only those having direct contact with the Contractor and it includes one who furnished material worked to a special design according to the drawings and specifications of this work, but does not include one who furnished material not so worked.

E. The term "Engineer" as used herein refers to that company or person designated by the Owner or their representative having the work in charge.

F. The term "Work" of the Contractor or Subcontractor includes labor or materials or both.

ARTICLE 2 - EXECUTION, CORRELATION AND INTENT OF DOCUMENTS

A. The Contract Documents are complementary and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. The Engineer will decide as to the meaning or intent of any portion of the specifications or plans, where the same may be found obscure or in dispute, he shall have the right to correct any errors or omissions therein. All work that may be called for in the specifications and not shown on the plans, or shown on the plans and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both ways; and should any incidental work or material be required which is not denoted in the specifications or plans, either directly or indirectly, but which is nevertheless necessary for proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish all such material as fully as if they were partially delineated or described, and without extra cost to the Owner.

ARTICLE 3 - DRAWINGS

A. Copies Furnished: Unless otherwise provided for in the Contract Documents, the Engineer will furnish to the Contractor, free of charge, copies of the Contract Drawings and Specifications reasonably necessary for the execution of the work.

B. Copies of the work: The Contractor shall keep one copy thereof of all drawings and specifications on the work in good order available to the Engineer and his representative.

C. Ownership of Plans: All drawings and specifications and copies thereof furnished by the Engineer are his property. They are to be returned to him on request at the completion of the work, prior to the time of final payment.

ARTICLE 4 - CONTRACTOR'S UNDERSTANDING

A. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature of and location of the work, the conformation of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work, general and local conditions, and all other matters which can in any way effect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this

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Contract, shall effect or modify any of the terms or obligations herein contained.

ARTICLE 5 - CHANGES IN THE WORK

A. The Engineer shall have the right to make such alterations in plans or in the character of the work as may be considered necessary or desirable from time to time to complete materially the original plans and specifications, provided such alterations do not change materially the original plans and specifications, and such alterations shall not be considered a waiver of any conditions of the Contract nor to invalidate any of the provisions thereof.

B. Should such alterations in the plans result in an increase or decrease in the quantity of work to be performed, without change in character, the Contractor shall accept payment in full of the Contract unit price for the actual quantities of work done. Should such alterations in the character of the work be productive of increased cost or result in decreased cost to the Contractor, a fair and equitable sum therefore shall be agreed upon in writing by the Contractor and the Engineer and approval by the Owner before such work is begun, and shall be added to or deducted from as the case may be, the contract price, where a change involves the omission and addition of similar work, such work omitted shall be deducted from that added before any profit is computed. No allowance will be made for anticipated profits.

ARTICLE 6 - EXTRA WORK

A. Work and materials of a character for which no price is named in the Agreement shall be considered as extra work which shall be done by the Contractor only upon written order signed by the Engineer, at a price to be previously agreed upon in writing by the Contractor and the Engineer and approved by the Owner.

B. No bill or claim for extra work or materials shall be allowed or paid unless the doing of such work or furnishing of such extra materials shall have been authorized in writing by the Engineer.

C. If the Contractor shall proceed with such work after receiving the written authority therefore, as hereinbefore provided, then such extra work shall be controlled by all of the terms and provisions of this Contract, subject to such prices as are agreed upon and fixed by the Engineer and the Owner as hereinbefore provided.

D. If the Contractor shall fail or decline to perform such extra work as authorized in writing as aforesaid, the Owner may then arrange for the performance of the work in any manner he may see fit, the same as if the Contract had not been executed and the Contractor shall not interfere with such performance of the work, or the Owner may withhold payment of all estimated work until the Contractor's refusal or failure is eliminated. Any such extra cost to the Owner by reason of the Contractor's failure or refusal to perform such extra work shall be deducted from the amount due to the Contractor under the terms of the Contract.

ARTICLE 7 - FORCE ACCOUNT WORK

A. All extra work done on a force account basis will be paid for in the following manner:

(1) For all labor, trucks, truck drivers, operators and foreman in direct charge of the specific operation, the Contractor shall receive the current local rate of wage, to be agreed upon in writing before starting such work, for each and every hour that said labor and/or trucks, truck drivers, operators and foremen are actually engaged on such work, to which shall be added an amount equal to ten percent (10%) of the sum thereof.

(2) For all materials used, the Contractor shall receive the actual cost of such materials including freight charges as shown by original receipted bills, to which cost shall be added a sum equal to fifteen percent (15%).

(3) For any machinery or equipment, except small tools and equipment for which no rental is allowed, which may be deemed necessary or desirable to use, the Engineer, with the approval of the

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Owner, shall allow the Contractor a reasonable rental price for each and every hour that said machinery or equipment is in use on such work. Such rental price shall include fuel and lubrication and shall be agreed upon in writing by the Contractor and the Engineer and approved by the Owner before such work is begun.

No percentages shall be added to such rental price.

(4) The compensation as herein provided shall be received by the Contractor as payment in full for work done on a force account basis, the fifteen percent (15%) which is allowed on cost of materials including freight charges being allowed and accepted for which no rental is allowed, overhead expense, including insurance and profit. The Contractor's representative and the Engineer's representative shall compare records of extra work done on a force account basis at the end of each day. All claims for extra work done on a force account basis shall be submitted to the Engineer by the Contractor, upon certified triplicate statements to which shall be attached original receipted bills covering the cost of and freight charges on all materials used in such work. Said statements shall be filed not later than the twentieth day of the month following that in which the work was actually performed and shall include all labor charges, etc., and materials charges insofar as they can be verified.

B. Should the Contractor refuse to prosecute the work as directed or to submit his claim as required, then the Engineer may withhold payment of all estimates until the Contractor's refusal or failure is eliminated.

ARTICLE 8 - EXAMINATION AND APPROVAL

A. All work and materials shall be at all times subject to the examination of and approval by the Engineer or his duly authorized representatives. The Contractor shall provide reasonable and necessary facilities for such examination. If any work should be covered up without the approval or consent of the Engineer, if required by him, it shall be uncovered for examination at the Contractor's expense.

ARTICLE 9 - DEFECTIVE WORK AND MATERIALS

A. Defective work and materials may be condemned by the Engineer at any time before the final acceptance of the work. The Contractor shall remove at his own expense any work or material condemned and shall rebuild and replace the same without extra cost. Previous examination will not relieve the Contractor from the responsibility for good work and materials whether overlooked by the Engineer or caused by damage from any source whatsoever.

B. Failure to conform with the above may be cause to discontinue the work, and the Engineer and the Owner in his or its discretion may either remedy the work or may have the Contract completed by others and charge the cost thereof as money paid the Contractor.

ARTICLE 10 - MATERIALS, APPLIANCE AND EMPLOYEES

A. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of acceptable quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials.

B. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, light, power, transportation and other facilities necessary for the execution and prosecution of the work in an acceptable manner and at a satisfactory rate of progress. The equipment used on any portion of the work shall be such that no injury to adjacent property or highways will result from its use.

C. The Contractor shall employ such superintendent, foremen and workmen as are careful and competent, and the Engineer may demand the dismissal of any person employed by the Contractor in, about or upon the work, who shall be guilty of misconduct or be incompetent or negligent in the due and proper performance of duties, or who neglects or refuses to comply with the directions given, and such person shall not be employed again thereon without the written consent of the Engineer. Should the Contractor continue to employ or again employ such person, the Owner may withhold all estimates which are or may become due, or the Engineer may suspend the work, until such orders are complied with.

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D. The superintendent shall not be changed except with the consent of the Engineer, unless the superintendent proves to be unsatisfactory to the Contractor and/or ceases to be in his employ. The superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Other important directions shall be confirmed in writing to the Contractor. Other directions shall be confirmed on written request in each case.

ARTICLE 11 - ROYALTIES AND PATENTS

A. The Contractor shall pay all royalties and license fees entailed by the use of any patented equipment, materials or methods of construction. He shall defend all suits and claims for infringements of any patent rights and shall save the Owner harmless on account thereof, including any costs, council fees or any other expense harmless to which the Owner may be put by reason of his failure to defend such suit or suits.

ARTICLE 12 - SUPERVISION

A. The Contractor shall give sufficient supervision to the work, using his best skill and attention. He shall carefully study and compare all drawings, specifications and other instructions and shall at once report to the Engineer any error, inconsistency or omission which he may discover, but he shall not be held responsible for their existence or discovery.

ARTICLE 13 - PERMITS, LICENSES AND CERTIFICATES

A. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. He shall obtain and furnish the Engineer all required certificates for work for which certificates are issued. The Contractor shall pay all State, County, Municipal and Public Utility fees for permits, licenses, taxes, etc.

ARTICLE 14 - POINTS AND INSTRUCTIONS

A. The Contractor shall not proceed with the work until he has made timely demand upon the Engineer for, and has received from his, such reference points and instructions as may be necessary as the work progresses. The work shall be done in strict conformity with such points and instructions. Work done before the points and instructions are given by the Engineer shall be at the Contractor's risk, the Contractor shall furnish free of charge, all stakes and such temporary structures as may be necessary for making and maintaining points and lines and shall furnish the Engineer such facilities and materials for giving said lines and points as they may require. The Contractor must carefully preserve benchmarks, reference points and stakes, and in case of willful or careless destruction, he will be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

ARTICLE 15 - RIGHT-OF-WAY AND STORAGE SPACE

A. The Owner shall provide the land upon which the work is to be done, with right of access thereto, but unless otherwise agreed upon, the Contractor shall provide space and land required and access thereto for the erection of temporary construction facilities and for storage of materials.

ARTICLE 16 - DAMAGES TO PROPERTY

A. In case any direct or indirect injury is done to existing street or underground structures, sewers, mains, etc., or to public or private property of any kind or to any materials or fixtures, by or because of the work, in consequence of any act or omission on the part of the Contractor, his employees or agents, the Contractor at his own cost and expense, except when hereinafter specified otherwise, shall restore such structures, property, materials, etc., to a condition equal or similar to that existing before such damage or inquiry was done, by repairing or otherwise as may be directed by the Engineer, or shall make good such damage or injury in a satisfactory manner.

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ARTICLE 17 - CONTRACTOR'S LIABILITY

A. The work in every respect, from the execution of the contract bond and during its progress until final acceptance, shall be under the charge and in the care of the Contractor and at his risk. He shall properly safeguard against any or all injury or damage to the public, any property, material or thing, except where stipulated otherwise in the specifications and shall alone be responsible for any damage or injury from his undertaking of this work to any person or persons or thing connected therewith. He shall indemnify and save harmless the Owner and all its officers, agents and employees from all suits or actions t law of any kind, including all costs, attorney's fees and any expense whatsoever in connection with this work, and shall, if required, show evidence of settlement of any such action before final payment is made by the Owner.

ARTICLE 18 - WORKER'S COMPENSATION ACT

A. The Contractor shall accept, insofar as the work covered by this contract is concerned, the provisions of the Worker's Compensation Act of 1915 and any supplements or amendments thereto, including any which may hereafter be passed, and shall insure his liability from the Bureau of Worker's Compensation of the Department of Labor and Industry; and all contracts with subcontractors shall obtain the obligation given above insuring that they likewise will be bound in like manner.

B. The Contractor shall at all times indemnify and save harmless the Owner from all claims for Worker's Compensation which may be made by any of the employees of the Contractor or by any of the employees of any subcontractor to whom the Contractor may have let the performance of any part of the work embraced in this Contract, and the Contractor will appear for and defend the Owner against any and all such claims.

ARTICLE 19 - PUBLIC SAFETY

A. During the progress of the work the Contractor shall provide watchmen and lights, fences and barriers, temporary passageways, danger warnings and detour signs, and take precautions as may be necessary to protect life and property, unless otherwise notified by the Engineer in writing.

ARTICLE 20 - OBSERVANCE OF LAWS

A. The Contractor, at all times, shall observe and comply with all Federal and State laws and local ordinances and regulations which in any manner effect the conduct of the work and all such orders or decrees as exist at present and those which may be enacted later by bodies or tribunals having any jurisdiction or authority over the work and shall indemnify and save harmless the Owner and all its officers, agents and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself or his employees.

ARTICLE 21 - SERVING NOTICES

A. Any notice to be given to the Contractor under this Contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor, or his superintendent or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at this last known place of business.

ARTICLE 22 - SANITARY ACCOMMODATIONS

A. The Contractor shall provide and maintain in a neat and sanitary condition, such necessary accommodations for the use of his employees as may be approved by the Engineer and satisfactory to the sanitary authorities. No public nuisance shall be committed.

ARTICLE 23 - SUBLETTING OR ASSIGNING CONTRACT

A. The Contractor shall not sublet, sell, transfer or otherwise dispose of the Contract or any portion

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thereof, or of the work provided for therein, except for the furnishing of materials, or of his right, title or interest therein to any person, firm or corporation without the consent of the Engineer. No such assignment or subcontract, even though thus consented to, shall relieve the Contractor from his liability under the Contract for the performance and completion of the work by the time and in the manner contracted for.

B. The provisions of the Contract as to performance by the Contractor shall apply to any subcontractor, his officers, agents or employees of the subcontractor in all respects as if he and they were employees of the Contractor and they shall be subject to the same provisions thereby as employees of the Contractor, and the work and material furnished by any subcontractor shall be subject to the provisions as if furnished by the Contractor.

C. The Contractor shall, as soon as practicable after executing the Contract, notify the Engineer in writing of the names of subcontractors proposed for the work and shall not employ any that the Engineer may within a reasonable time object to as incompetent or unfit.

ARTICLE 24 - RIGHTS OF VARIOUS INTERESTS

A. Whenever work being done by other contractors or forces of the Owner is contiguous to work covered by this Contract, the respective rights of various interest involved shall be established by the Engineer, to secure the completion of the various portions of the work in general harmony.

ARTICLE 25 - DELAYS AND EXTENSION OF TIME

A. If the Contractor be delayed in the completion of the work by any cause beyond his control, then the time stated in the Agreement for the completion of the work may be extended by the Owner for a period equivalent to the actual number of calendar days lost be reason of any cause aforesaid. This length of extended period shall be determined and fixed by the Owner but an extension may not be allowed unless a claim therefore is presented in writing to the Engineer within seven days of the date of occurrence of the delay.

ARTICLE 26 - FAILURE TO COMPLY WITH ORDERS, ETC.

A. If the Engineer shall at any time be of the opinion that the Contractor is not progressing with the work as fast as necessary to insure its completion or to repair damage to public or private property, or is continuing to employ or re-employ negligent or careless persons, or is conducting the work in a manner disapproved by the Engineer, or is failing to prosecute the work in accordance with the provisions of the specifications, or if he stops or abandons the work on any part of the construction without the written consent of the Owner or is otherwise violating any of the provisions of the Contract, then the Engineer shall report such deficiencies and order him to remedy the same.

B. If, after ten (10) days from the date of such notice, the Contractor shall have failed to comply with, then the Owner may withhold all payments until the orders of the Owner are carried out, or it may suspend any or all work, or it may place additional forces, equipment, tools and materials on parts of the work at the Contractor's expense, as hereinafter specified, or it may annual the contract as hereinafter specified.

C. In case the Owner should augment the Contractor's forces, equipment, etc., as hereinabove provided, the cost incurred in carrying on such part of the work shall be deemed as to be carried out by the Owner on account of the Contractor, and the Contractor shall be allowed therefore the contract price and Owner may retain the amount of the cost of such work from any sum or sums due or to become due to the Contractor under this Contract, but if such cost exceed such unpaid balance, the Contractor shall pay the difference to the Owner.

ARTICLE 27 - SUSPENSION OF WORK

A. The Owner reserves the right to suspend the whole or any part of the work contracted to be done when it is deemed to be in the best interest of the Owner to do so. In case of such suspension a proper extension of time will be allowed as provided in ARTICLE 25 if the suspension is due to no fault or neglect of the Contractor due to idle equipment or forces during such suspension period. Neither an extension of

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time, for any reason, beyond that fixed herein for the completion, not the doing or acceptance of any part of the work called for by the contract shall be deemed to be a waiver by the Owner of the right to abrogate this Contract for abandonment or delays in the manner provided for in ARTICLE 3 of the Agreement.

ARTICLE 28 - ANNULMENT

A. The Bidders to whom the Contract is awarded must begin actual work on the ground within ten

(10) days from the date of executing the Contract, or obtain from the Owner an extension of time. If the Contractor fails to begin the work in accordance with any notice or notices received from the Owner as provided in ARTICLE 26, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment based on any claim growing out of this Contract, to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors, or from any other causes whatsoever shall not carry on the work in an acceptable manner, the Owner may give notice in writing to the Contractor and his Surety, of such delay, neglect or default, specifying the same and if the Contractor, within a period of three (3) days after such notice, shall not proceed in accordance therewith, then the Owner shall have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of the Contractor, to appropriate or use of any or all materials and equipment on the ground that may be suitable and acceptable, to enter into an agreement, without advertising for bids thereof, for the completion of said contract according to the terms and provisions thereof, or to use such other methods as in its opinion shall be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under Contract, shall be deducted form any monies due or which may become due the Contractor. In case the expense so incurred by the Owner be less than the sum which would have been payable under the Contract if it had been completed by the Contractor, including the damages, then the Contractor shall be entitled to receive the difference, and in case such expense exceeds the sum which would have been payable under the Contract including the damages, then the Contractor and the Surety shall be liable and shall pay to the Owner the amount of said excess.

ARTICLE 29 - REMOVAL OF EQUIPMENT

A. In case of annulment of this Contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the Owner, shall promptly remove any part or all of his equipment and supplies from site of the work, failing which, the Owner shall have the right to move such equipment and supplies at the Contractor's expense. No equipment shall be removed from the work by the Contractor except as hereinbefore designated until the usefulness of such equipment on the work has ceased, and except with the written consent of the Engineer, otherwise such removal may be considered by Owner as an abandonment of work on the part of the Contract.

ARTICLE 30 - ORDER OF COMPLETION AND USE OF COMPLETED PARTS

A. The Contractor shall complete any portion of the work in such order of time as may be stated in the specifications or as the Engineer may require. The Owner shall have the right to take possession of and use any completed or partially completed portion thereof of the work although the time for completing the entire work or portions thereof may not have expired; but such taking possession shall not be deemed an acceptance of the work so taken or used or any part thereof.

ARTICLE 31 - AUTHORITY OF ENGINEER

A. The Engineer shall have full authority to decide all questions which may arise with the Contractor relative to the quality and acceptability of materials furnished and work performed, the manner, performance and rate of progress, the interpretation of any and all plans and specifications and the acceptable fulfillment of the Contract on the part of the Contractor. The Engineer shall determine the amount and quantity of the several kinds of work performed and materials furnished and his decision and estimates shall be conclusive on the Contractor. Such estimates shall be a condition precedent to the right of the Contractor to receive any money due under the Contract.

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ARTICLE 32 - PAYMENT OF LABOR AND MATERIALS

A. The Contractor shall pay promptly all laborers or mechanics employed on the work embraced in these specifications, as well as for all materials and before final payment is made, the Contractor shall furnish the Owner with a release signed by all persons, firms, partnerships, corporations or bodies having furnished any material or materials for or toward the construction of said work and shall furnish to the Owner such evidence as may be required by the Owner that all labor and materials have been paid for.

ARTICLE 33 - MONTHLY ESTIMATES

A. As long as the work contracted for herein is executed in accordance with the provisions of this Contract and with such progress as may be satisfactory to the Owner, the Engineer on or about the last day of each month will make an approximate estimate of the amount and value of the work done and material incorporated in the work by the Contractor according to the terms of this Contract from the last day covered by the previous estimate.

B. The Engineer may include in the estimate a reasonable amount of materials delivered at the site of the work, not to exceed seventy-five percent (75%) of the cost of said materials, which materials are acceptable for incorporation into the work but not used, provided however, that the Contractor shall produce receipted invoices certifying to the payment of such materials and shall submit to the Engineer delivery slips certifying to the delivery of such materials to the site of the work.

C. From the total of the Engineer's estimate shall be deducted ten percent (10%) of the whole to be retained by the Owner, until after the completion of the Contract and its acceptances by the Owner, as well as previous payments and charges against the…