1-WTWSA Agreement 26-4 2027 Sludge Hauling Services Contract Documents.pdf

SPECIFICATIONS

AND

AGREEMENT DOCUMENTS

for

2027 SLUDGE HAULING SERVICES

FOR THE

WARWICK TOWNSHIP WATER & SEWER AUTHORITY

FISH CREEK AND COUNTRY CROSSING

WASTEWATER TREATMENT PLANTS

AGREEMENT 26-4

PREPARED FOR:

WARWICK TOWNSHIP WATER & SEWER AUTHORITY

P.O. BOX 315

1733 TOWNSHIP GREENE

JAMISON, PA 18929

PREPARED BY:

Ebert Engineering, Inc.

Water and Wastewater Engineering

P.O. Box 540 4397 Skippack Pike Skippack, PA 19474

EE, INC. PROJECT NO. 050-034

June 29, 2026

AGREEMENT DOCUMENTS

FOR

AGREEMENT 26-4

2027 SLUDGE HAULING SERVICES

FOR THE

WARWICK TOWNHSIP WATER & SEWER AUTHORITY

FISH CREEK AND COUNTRY CROSSING

WASTEWATER TREATMENT PLANTS

TC-1

Table of Contents

Pages Advertisement for Bids .....................................................................................ADV-1

Bidding Requirements and Instructions

IB Instructions to Bidders ............................................................... IB-1 to IB-6

EEFS Experience, Equipment and Financial Statements .......... EEFS-1 to EEFS-8

BF Bid Form .................................................................................. BF-1 to BF-7

BB Bid Bond ............................................................................................... BB-1

NCA Non-Collusion Affidavit ................................................... NCA-1 to NCA-2

Contract Forms

A Agreement .................................................................................... A-1 to A-3

PB Payment Bond .......................................................................... PB-1 to PB-2

PFB Performance Bond ...............................................................PFB-1 to PFB-2

ROL Affidavit of Release of Leins ............................................................. ROL-1

SC Supplementary Conditions ....................................................... SC-1 to SC-2

TECHNICAL SPECIFICATIONS TS-1 to TS-4

APPENDICES

APPENDIX A – Biosolids Analysis of Fish Creek WWTP and Country Crossing WWTP

BIDDING REQUIREMENTS AND INSTRUCTIONS

ADV-1

WARWICK TOWNSHIP WATER & SEWER AUTHORITY

1733 TOWNSHIP GREENE

JAMISON, PA 18929

ADVERTISEMENT FOR BIDS

The Warwick Township Water & Sewer Authority (Authority) is soliciting sealed bids online via the PennBid program for Agreement 26-4, 2027 Sludge Hauling Services for the Warwick Township Water and Sewer Authority Fish Creek and Country Crossing Wastewater Treatment Plants.

All documents and solicitation details are available at no cost from PennBid at http://PennBid.ProcureWare.com. Sealed bids shall be submitted and updated online via the PennBid Program until 2:00 PM on July 21, 2026.

The Warwick Township Water & Sewer Authority reserves the right to reject any and all bids, or to make award to such bidder who, in the judgment of the Warwick Township Water & Sewer Authority, makes the most advantageous bid. Bids are invited from qualified bidders.

Each proposal must be accompanied by a certified check drawn to the order of the Warwick Township Water & Sewer Authority, or a Bid Bond in favor of the Warwick Township Water & Sewer Authority in the amount of 10% of the bid price. Said check or bond shall be subject to the conditions provided in the Instructions to Bidders.

EXPERIENCE, EQUIPMENT AND FINANCIAL STATEMENTS

Experience, Equipment and Financial Statements

EEFS-1

NOTICE

This Form must be completed, with all blanks fully filled in utilizing current data, and submitted herewith with the Bid Submittal. All answers must be printed in ink or typewritten.

Project for which bidder is qualifying ______________________________________________

Date this Form submitted: ________________ Date of receipt of bids _____________________

Name of Bidder: ___________________________Individual Designate proper Co-Partnership description

Corporation

Principal office address: ________________________________________________________

Telephone: ____________________________ Fax: ___________________________________

If a Corporation, answer this: If a Partnership, answer this:

Capital paid Capital paid in cash $ __________________ in cash $ _________________________ Date of organization __________________ Date of incorporation _______________ State whether partnership is general or In what State: _____________________ limited: _____________________________

President's Name:

Vice-President's Name: Name of all general partners:

Secretary's Name: ____________________________________ Treasurer's Name:

EEFS-2

1. How many years has your organization been in business as a general contractor under your present business name?

____________Years

2. How many years experience in this type of construction work has your organization had:

(a) As a general contractor ________________ Years

(b) As a sub-contractor _______________ Years

3. What are the largest projects your organization has completed

Contract Class of When For Amount Work Completed Whom

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________

4. ______________________________________________________________________

5. ______________________________________________________________________

Name and address of Reference for items listed above:

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________

4. ______________________________________________________________________

5. ______________________________________________________________________

Any other reference (s) _____________________________________________________

4. Have you ever been declared in default or failed to complete any work awarded to you?

If so, where and why? _____________________________________________________

5. Have you ever been debarred from bidding in any jurisdiction in the United States?

If so, where and why? _____________________________________________________

6. Have you or has any officer or partner of your organization ever been an officer or partner of some other contracting organization? _________________________________ If so, state name or individual, position, and the name and address of the other organization(s).

EEFS-3

7. If any part of the work is sublet, will you require a bond from subcontractor?

8. Give list of uncompleted contracts at present held by you.

Contract Amount

9. What equipment do you own that is available for the proposed work?

10. State approximately the largest amount of work you have done in anyone year and the year

Remarks: ________________________________________________________________

10. Have you ever been cited by a Regulatory Agency for your failure to comply with any of its contractual obligations? _________________________________________________ If so, where and why?

EEFS-4

FINANCIAL STATEMENT AS OF (Date): __________________________________________ Financial statement may be submitted as of the most recent regular statement rendered within 3 months of date of this questionnaire.

ASSETS

DOLLARS CENTS

1. Cash

Name Banks _____________ ____________ ____________

2. Notes receivable (a) Due within 90 Days ____________ ____________

(b) Due after 90 Days ____________ ____________

(c) Past Due ____________ ____________

3. Accounts receivable from completed contracts, exclusive of claims not approved for payment ____________ ____________

4. Sums earned and not paid, on uncompleted contracts as shown by Engineer's or Architect's estimate ____________ ____________

(a) Amount receivable after deducting retainage ____________ ____________

(b) Retainage to date, due upon completion of contracts ____________ ____________

5. Accounts receivable from sources other than construction contracts ____________ ____________

6. Deposits for bids or other guarantees:

(a) Recoverable within 90 days ____________ ____________

7. Real Estate owned and registered in the name of bidder-assessed value:

Description and Location of Property

8. Plant and equipment-actual value ____________ ____________

9. Other assets ___________________ ____________ ____________

TOTAL ASSETS ____________ ____________

EEFS-5

LIABILITIES

DOLLARS CENTS

1. Notes payable: (a) Within 90 days ____________ ____________

(b) After 90 days ____________ ____________

2. Accounts payable: ____________ ____________

3. Real Estate encumbrances ____________ ____________

4. Other liabilities ____________ ____________

5. Reserves ____________ ____________

6. Capital stock paid up ____________ ____________

7. Surplus (net worth) ____________ ____________

TOTAL LIABILITIES ____________ ____________

AUDIT REPORT

The apparent low bidders on all prime (contracts) are directed to submit (to the Owner) within

(30) days after bids are received their most recent audited financial statements and the outside Auditor's Report. All financial statements shall remain confidential within the confines of the Authority.

EEFS-6

CONTINGENT LIABILITIES

Liability on notes, accounts, or guarantees of others, and any judgments of record:

DOLLARS CENTS

CONTINGENT ASSETS

Banks credits, etc. ___________________ ____________ ____________

All financial statements shall remain confidential within the confines of the Authority. The undersigned guarantees the truth and accuracy of all statements and of all answers above and hereby authorizes any depository, vendor or other agency herein named to supply the Owner with any information necessary to verify this statement.

NOTE: A partnership must give firm name ______________________________ and signatures of all general partners. A ______________________________ corporation must give full corporate ______________________________ name, signature of official (either ______________________________ president, vice-president, secretary ______________________________ or treasurer) and affix corporate ______________________________ seal.

EEFS-7

AFFIDAVIT FOR INDIVIDUAL

STATE OF ____________________

COUNTY OF __________________ss:

____________________________________being duly sworn, deposes and says that the foregoing financial statement is a true and accurate statement of his financial condition as of this date and that the answers to the foregoing Experience, Equipment and Financial Statements are true.

Sworn and subscribed to me this ____________day of ____________20 _____ ______________________________

(Applicant must sign here)

Notary Public

My commission expires ______________

AFFIDAVIT OF LEGAL ENTITY

COUNTY OF __________________ss:

____________________________________being duly sworn, deposes and says that he/she is a ____________________________________; that he/she is familiar with the financial records of the; that the foregoing statement is a true and accurate statement of the financial condition of the partnership as of this date and that the answers to the foregoing Experience, Equipment and Financial Statements are true.

Sworn and subscribed to me this

(Title_____________________)

EEFS-8

AFFIDAVIT OF CORPORATION

COUNTY OF __________________ss:

____________________________________being duly sworn, deposes and says that he/she is ____________________________ of the corporation; that he/she is familiar with the financial records of the corporation; that the foregoing financial statement is a true and accurate statement of the financial condition of the corporation as of this date and that the answers to the foregoing Experience, Equipment and Financial Statements are true.

Sworn and subscribed to me this

(Officer must sign here)

AFFIDAVIT OF PARTNERSHIP

COUNTY OF __________________ss:

____________________________________being duly sworn, deposes and says that he/she is a General Partner ______________________; that he/she is familiar with the financial records of the partnership; that the foregoing statement is a true and accurate statement of the financial condition of the partnership as of this date and that the answers to the foregoing Experience, Equipment and Financial Statements are true.

Sworn and subscribed to me this

(General Partner must sign here)

BID FORM

BF-1

Notice: This bid must be executed in ink or by typed entries and it must not be removed from this document.

Bid of: ________________________________________________________ Bidder's Name

For Agreement No.: 26-4

Project: 2027 Sludge Hauling Service

To: Warwick Township Water & Sewer Authority P.O. Box 315

1733 Township Greene Jamison, PA 18929

(Herein called the Owner)

1. Pursuant to and in compliance with your Advertisement and having carefully examined the Agreement Documents comprising the Drawings, Specifications and all other documents bound therewith, together with all Addenda thereto; and being familiar with the site and the various conditions affecting the Work, the undersigned hereby offers to furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper or incidental to the removal and disposal of waste activated sludge from the Owner’s facilities as required by and in strict accordance with the applicable provisions of the Drawings and Specifications and of all Addenda issued by the Owner and mailed to the undersigned prior to the date for the opening of bids, whether received by the undersigned or not.

BID ITEMS

A. Primary and Secondary Disposal Site Base Bid:

Removal, hauling and disposal of waste activated sludge from the Warwick Township Water & Sewer Authority's Fish Creek and Country Crossing Wastewater Treatment Plants to a Pennsylvania Department of Environmental Protection approved sludge removal facility at the rate of 63,000 gallons/week for a period of three (3) years.

$ ____________________________________________________ /gallon.

(in words)

BF-2

63,000 gals./wk. x 52 wks./yr. x 3 yrs. = 9,828,000/gal. sludge/life of agreement.

9,828,000 gals. sludge x $ _______________ /gal. = $ ________________

(in figures) (in figures)

Total Amount of Disposal Site Base Bid

Name of Primary Facility

Name of Secondary Facility

A1. Primary and Secondary Disposal Site Alternate 1 Bid:

Water & Sewer Authority's Fish Creek and Country Crossing Wastewater Treatment Plants to a Pennsylvania Department of Environmental Protection approved sludge removal facility at the rate of 63,000 gallons/week for a period of two (2) years.

63,000 gals./wk. x 52 wks./yr. x 2 yrs. = 6,552,000/gal. sludge/life of agreement.

6,552,000 gals. sludge x $ _______________ /gal. = $ ________________

Total Amount of Alternate 1 Disposal Site Base Bid

BF-3

A2. Primary and Secondary Disposal Site Alternate 2 Bid:

Water & Sewer Authority's Fish Creek and Country Crossing Wastewater Treatment Plants to a Pennsylvania Department of Environmental Protection approved sludge removal facility, at the rate of 63,000 gallons/week for a period of one (1) year.

63,000 gals./wk. x 52 wks./yr. x 1 yrs. = 3,276,000/gal. sludge/life of agreement.

3,276,000 gals. sludge x $ _______________ /gal. = $ ________________

Total Amount of Alternate 2 Disposal Site Alternate Bid

B. Emergency Disposal Site Base Bid:

Water & Sewer Authority's Fish Creek and Country Crossing Wastewater Treatment Plants to a Pennsylvania Department of Environmental Protection approved sludge removal facility other than the facility to be used under the Primary Disposal Site Base Bid item at the rate of 63,000 gallons/week.

$ _________________________________________________________ /gallon.

(in figures)

Facility Name

BF-4

C. Emergency Sludge Removal:

Water & Sewer Authority's Fish Creek and Country Crossing Wastewater Treatment Plants to a Pennsylvania Department of Environmental Protection approved sludge removal facility on a Saturday or Sunday at the request of the Authority due to an emergency condition at either WWTP. This will require special authorization by the Authority.

(in figures)

2. This agreement is for the period specified in the agreement and given in the

Notice to Proceed.

3. In case of failure on the part of the Contractor to complete the Work in accordance with the Agreement or any extensions thereof, the Contractor shall pay the Owner as liquidated damages (but not as a penalty) the sum of ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) for each calendar day of delay until the service is completed.

4. The undersigned agrees, upon receipt of written notice of the acceptance of this bid within fifteen (15) days after the date of opening of bids, to execute the Agreement within 10 days of its receipt from Owner, in accordance with the bid as accepted. The undersigned also agrees to give the bonds required with good and sufficient surety or sureties.

5. Payment for all Work called for in the Specifications or required for proper completion of the Work under this Agreement and not specifically mentioned in the Specifications will be considered as covered by the lump sum payment and no extra payments will be allowed therefore.

6. The undersigned hereby designates as its office to which such notice of acceptance may be mailed, electronically mailed or delivered.

BF-5

7. Accompanying this proposal is a _______________________ in the amount of

__________________ DOLLARS and_________ CENTS ($ _____________ ) as bid security.

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

9. The undersigned acknowledges that it received the following Addenda to the

Specifications and that this bid was prepared in accordance with said Addenda:

Addendum No. Date of Addendum

10. BIDDER'S REPRESENTATIONS

A. The bidder, in submitting the attached bid, represents that prior to bidding,

(1) To the extent it deems it necessary or desirable; it has reviewed the Specifications, visited the proposed Work site and made all necessary investigations it needs to evaluate the Work.

(2) It has had ample opportunity to request clarification from the Owner and the Engineer about any part of the Specifications and Bid Documents which are not entirely clear to it or about which it has any questions or reservations and that, to the extent it has requested clarifications, it has received satisfactory responses; and

(3) It has carefully reviewed the Specifications for the purpose of detecting any inconsistencies in the Specifications, and, to the extent it has observed any such inconsistencies and/or omissions, it has duly noted them and has had an adequate opportunity to request clarification from the Owner and Engineer, and it has received a satisfactory response with respect thereto.

BF-6

A. INDIVIDUAL OR INDIVIDUALS

An individual doing business under the firm name of:

Address: _______________________________________________

Individual's Name: _____________________________________(Sign) _____________________________________(Type)

Witness: _____________________Date: ____________________

B. LIMITED LIABILITY COMPANY

Limited Liability Company – trading and doing business under the firm name of:

Address: _______________________________________________

Managing Partner's Name: _______________________________(Sign)

_______________________________________(Type)

Witness: _____________________Date: ____________________

BF-7

C. CORPORATION

Name: _________________________________________________

Address: ________________________________________________

A Corporation organized under the laws of: __________________

Officer: _____________________________ (Sign)

____________________________ (Type)

Attest: _____________________________ Date: __________ (Secretary)

(CORPORATE SEAL)

D. OTHER FORM OF ENTITY

Nature of entity: ___________________________________________

Address: _________________________________________________

Name of Principal: ______________________________________ (Sign)

_________________________________________ (Type)

Attest/Witness: __________________________________________(Date)

Name of Principal: ________________________________________(Sign)

________________________________________(Type)

Attest/Witness: ___________________________________________ (Date)

BB - 1

BID BOND

(Not Necessary if Certified or Cashier’s Check is Used)

KNOW ALL MEN BY THESE PRESENTS THAT _________________ of __________________ in the

County of _______________________of ________________________________ as surety, legally authorized to do business in the Commonwealth of Pennsylvania, are held and firmly bound unto the Warwick Township

Water & Sewer Authority in the sum of _____________________ Dollars, to be paid to said Warwick

Township Water & Sewer Authority, for which payment well and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators and successors, jointly and severally, for and in the whole, firmly by these presents. Sealed with our seals, dated the ___________________________ day of

_________________ in the year of our Lord, two thousand twenty six (2026).

NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the above bound principal

_______________________________ who has submitted to said Warwick Township Water & Sewer

Authority, a certain proposal to enter into a certain Agreement 26-4. Work, shall be awarded said Agreement, and if _____________________________ shall well and truly enter into and execute said Agreement and furnish therewith such surety bond or bonds as may be required by the terms of said Agreement and approved by said Warwick Township Water & Sewer Authority, said Agreement, and said bond to be entered into within fifteen (15) days after the date of official Notice of Award thereof in accordance with the terms of said proposal, then this obligation to be void, otherwise shall remain in full force and virtue.

SIGNED AND SEALED IN

THE PRESENCE OF WITNESS:

(SEAL)

SIGNED: _____________________________(SEAL)

BY: __________________________________

SIGNED: ______________________________

BY: __________________________________

NCA-1

INSTRUCTION FOR NON-COLLUSION AFFIDAVIT

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

According to the Pennsylvania Anti-Bid-Rigging Act, 73 P.S. Section 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

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

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

4. In the case of a bid submitted by a joint venture, if any entity submitted a bid containing more than one (1) individual, each individual must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party or individual.

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 non-competitive 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 will result in disqualification of the bid.

NCA-2

AFFIDAVIT OF NON-COLLUSION

Commonwealth of Pennsylvania: ss: Warwick Township Water & Sewer Authority Agreement 26-4 County of Bucks:

(NAME)

being first duly sworn, deposes and says that he/she is _____________________________________

(TITLE)

of ______________________________________________________________________________

(FIRM)

the party making the foregoing Proposal or bid; that such bid is genuine and not collusive or a sham;

that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person to put in a sham bid, or that such other person refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference with any person, to fix the bid price of any other bidder, or to fix overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the Authority or any person interested in the proposed Agreement ; and that all statements contained in the Proposal or bid are true;

and, further that such bidder has not, directly or indirectly, submitted this bid, or the contents hereof, or divulged information or data relative thereto, to any association or to any member or agent thereof, or to any other bidder.

(AFFIANT)

Sworn to and subscribed before me this _______ day of, ________________, 2026.

NOTARY PUBLIC

MY COMMISSION EXPIRES:

AGREEMENT FORMS

A-1

AGREEMENT

THIS AGREEMENT made this ______ day of ________ , by and between The Warwick Township Water & Sewer Authority (hereinafter "Owner") and (hereinafter "Contractor"), for Agreement 26-4, "2027 Sludge Hauling Services for the Warwick Township Water & Sewer Authority for Fish Creek and Country Crossing Wastewater Treatment Plants" in Warwick Township, Bucks County, Pennsylvania, the Owner and the Contractor in consideration of the mutual promises contained in this Agreement, and intending to be legally bound, agree as follows:

I. GENERAL PROVISIONS:

The Contractor shall:

(a) have charge of and be responsible for the entire work for which it has contracted

(hereinafter "Work"), and

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

II. RESPONSIBILITIES OF CONTRACTOR:

The Contractor agrees to pay for all materials furnished and services rendered for the performance of the Agreement and that any entity furnishing materials or rendering services to the Contractor as though such entity were expressly named herein, provided the action is brought within one (l) year after the time the cause of the action accrued.

The Contractor shall defend, indemnify and save harmless the Owner and Consulting Engineer, its 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 entity 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 out the Work, without interrupting any service to the public.

III. BONDS AND INSURANCE CERTIFICATES:

This Agreement will not become effective until the Owner has received satisfactory performance and 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. Bond amounts must match the accepted bid amount in cost and duration.

A-2

IV. STARTING AND PROSECUTION OF WORK:

The Contractor agrees to begin the Work within seven (7) consecutive calendar days after receipt of "Notice to Proceed", and to prosecute it expeditiously, using an adequate number of competent employees, suitable equipment and machinery at all times, and working each working day that weather conditions permit as requested by the Owner.

V. WORK INCLUDED IN THE AGREEMENT:

This Agreement shall consist of furnishing all labor, equipment, tools and other facilities, and all necessities for the removal, transport, and disposal of waste activated sludge from the Owner's Fish Creek Wastewater Treatment Plant and Country Crossing Wastewater Treatment Plant (hereinafter "Facilities") as described in these specifications (hereinafter "Specifications") prepared by the Consulting Engineer and the advertisement for bids comprising a portion of the Contra Documents of which this Agreement is part hereof.

VI. LIQUIDATED DAMAGES:

Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if sludge is not removed from the facilities in accordance with the schedule indicated in the Specifications. Contractor recognizes that the staffing requirements and performance of the Facilities are materially dependent upon Contractor's compliance with the sludge removal schedule indicated in the 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 Facilities in accordance with the schedule indicated in the 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 One Thousand Dollars ($1,000.00) for each occasion the Owner is required to staff either of the Facilities 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 7:00 a.m. to 3:00 p.m. Monday through Thursday and 7:00 a.m. to 12:00 p.m. on Fridays.

VII. AGREEMENT DOCUMENTS:

The Agreement Documents consist of this Agreement, the Specifications, Bidding Requirements and Instructions, Contract Forms, all addenda issued prior to bidding and all modifications issued after execution of this Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated herein. The Owner shall furnish the Contractor up to four (4) copies of the Agreement Documents for the execution of the Work.

VIII. MATERIALS TO BE FURNISHED BY THE OWNER:

No materials will be furnished by the Owner.

A-3

IX. WORK DONE BY THE OWNER:

No Work will be done by the Owner in connection with this Agreement.

X. PAYMENTS:

In consideration of the Contractor faithfully complying with the terms and stipulations of this Agreement, the Owner covenants and agrees to pay Contractor the sum set forth in the proposal of Contractor, and also pay for any extra Work that may be agreed upon in writing, and said sum shall be full compensation under the terms of this Agreement.

Monthly invoices will be prepared by the Contractor, and approved by the Owner, for the Work done as of the final day of each month, while Work is being carried on under this Agreement, and payment of the invoice will be made on or about the twenty-fifth day of the following month.

IN WITNESS WHEREOF: the Contractor and the Owner have caused this Agreement to be executed by their appropriate representatives, all of whom have been duly authorized to do so, on the date set forth to their respective names.

TOTAL AMOUNT OF ACCEPTED BID: ______________________________

UNIT PRICE OF ALTERNATIVE DISPOSAL SITE BID: ___________________________

UNIT PRICE OF EMERGENCY SLUDGE REMOVAL BID: ________________________

IN WITNESS WHEREOF: The parties hereto have caused the signature of their proper officers and seals to be affixed thereto:

Attest:

_________________________________ By: _________________________________ Owner

Date: _________________________________

Attest:

_________________________________ By: _________________________________ Contractor

Date: _________________________________

PB-1

PAYMENT BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

Warwick Township Water & Sewer Authority

P.O. Box 315 Jamison, PA 18929

AGREEMENT 26-4, 2027 Sludge Hauling Services Date: __________________________________________________________________________________________ Amount: ________________________________________________________________________________________ Description (Name and Location):___________________________________________________________________

BOND

Date (Not earlier than Agreement Date):________________________________________________________________ Amount: _______________________________________________________________________________________ Modifications to this Bond Form:____________________________________________________________________

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: ________________________ Signature: _________________________ Name and Title: ____________________ Name and Title: _____________________

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

(Corp. Seal)

Company: (Corp. Seal) Company (Corp. Seal)

Signature: _____________________ Signature:

Name and Title: _________________ Name and Title: _______________________

PB-2

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to the OWNER, this obligation shall be null and void if the

CONTRACTOR:

2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default.

3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.

4. The Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with the

CONTRACTOR:

4.2.1. Have furnished written notice to the

CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and

4.2.2. Have either received a rejection in whole or in part

from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and

4.2.3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR.

5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance.

6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:

6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed amounts.

7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER'S priority to use the funds for the completion of the Work.

9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. DEFINITIONS

15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR'S Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

15.2. Contract: The agreement between the OWNER and the

CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

15.3. OWNER Default: Failure of the OWNER, which has neither

been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.

PFB-1

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

Warwick Township Water & Sewer Authority P.O. Box 315 Jamison, PA 18929

AGREEMENT 26-4, 2027 Sludge Hauling Services Date: _________________________________________________________________________________________ Amount: ______________________________________________________________________________________ Description (Name and Location):__________________________________________________________________

BOND

Date (Not earlier than Agreement Date):_______________________________________________________________ Amount: ______________________________________________________________________________________ Modifications to this Bond Form: _____________________________________________________________________

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: _________________________ Signature: ____________________________ Name and Title: ____________________ Name and Title: _______________________

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

(Corp. Seal)

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: _________________________ Signature: _____________________________ Name and Title: ____________________ Name and Title:

PFB-2

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

2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1.

3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after:

3.1. The OWNER has notified the CONTRACTOR and the Surety at

the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER'S right, if any, subsequently to declare a CONTRACTOR Default; and

3.2. The OWNER has declared a CONTRACTOR Default and

formally terminated the CONTRACTOR'S right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and

3.3. The OWNER has agreed to pay the Balance of the Contract Price to:

3.3.1. The Surety in accordance with the terms of the

Contract;

3.3.2 Another contractor selected pursuant to paragraph

4.3 to perform the Contract.

4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:

4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or

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

4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER'S concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or

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

4.4.1 After investigation, determine the amount for which

it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or

4.4.2 Deny liability in whole or in part and notify the

OWNER citing reasons therefor.

5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER.

6. After the OWNER has terminated the CONTRACTOR'S right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for:

6.1. The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract;

6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR'S Default, and resulting from the actions or failure to act of the surety under paragraph 4; and

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

7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors.

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

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

10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions.

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

12.2. Contract: The agreement between the OWNER and the

CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

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

12.4. OWNER Default: Failure of the OWNER, which has neither

been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof

ROL-1

CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS

Owners Project No. 26-4 Engineers Project No. 050-034

Project: 2027 Sludge Hauling Services for the Warwick Township Water and Sewer Authority Fish Creek and Country Crossing Wastewater Treatment Plants

TO: Warwick Township Water and Sewer Authority (Owner)

Agreement For: 2027 Sludge Hauling Services Agreement Date: ________________________

State of:

County of:

The undersigned hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, Subcontractors, all suppliers of materials and equipment, and all performers of…