2-83800-113-RW-26 Specifications.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

RIGHT OF WAY MOWING

DARBY CREEK JOINT AUTHORITY

DELAWARE COUNTY, PA

BID OPENING

SEPTEMBER 10, 2025

6:30 PM

CATANIA ENGINEERING ASSOCIATES, INC.

CONSULTING ENGINEERS

520 W. MAC DADE BOULEVARD

MILMONT PARK, PA 19033-3311

SET NO. _ ____

FILE #83800-113-RW-26

TABLE OF CONTENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

FORM OF PROPOSAL

BID BOND

NON-COLLUSION AFFIDAVIT

BIDDER’S QUALIFICATION

FORM OF AGREEMENT

PERFORMANCE BOND

LABOR AND MATERIALS BOND

WORKER'S COMPENSATION AFFIDAVIT

ENVIRONMENTAL PROTECTION

PUBLIC WORKS EMPLOYMENT VERIFICATION

GENERAL PROVISIONS FOR AUTHORITY IMPROVEMENTS

SPECIFICATIONS FOR RIGHT OF WAY MOWING

RIGHT OF WAY MOWING CONTRACT EXTENTS

APPENDIX A: RIGHT OF WAY PLANS FOR DARBY CREEK, COBBS CREEK, AND

HERMESPROTA CREEK INTERCEPTORS

00020-1

NOTICE TO BIDDERS

OF

RIGHT OF WAY MOWING

Online sealed proposals will be received until 10:00 AM EST on September 10, 2025 by the Authority Engineer, online via the PennBid Program at www.PennBid.Bonfirehub.com, and all bids received will be publicly opened and read aloud. To furnish all necessary materials, equipment, tools, labor, supervision and safety precautions as required to perform Right-of-Way Mowing to Darby Creek Joint Authority Trunk Sewers. The period of performance for this agreement shall be for the period of January 1, 2026 to December 31, 2026 with optional one-year renewals to 2028..

All bids received will be publicly read aloud during the Regular Meeting of the Authority at their Meeting Room at the Clifton Heights Municipal Building, 30 South Springfield Road, Clifton Heights, PA 19018 at 6:30 P.M. at their September 18th Meeting.

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

The successful bidder, who is awarded the contract, will be required to pay PennBid Program a fee of 1/4% 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 not less than 10% of the total bid made payable to the order of the Darby Creek Joint Authority.

Attention of Bidders is called to all of the requirements contained in the bid package, particularly to the various insurance requirements, various equal opportunity provisions and the requirements for a payment bond and performance bond for 100% of the contract price and a one year maintenance bond for 10% of the contract price..

No bidder may withdraw his bid within sixty (60) days after the date set for the receiving and opening of bids.

The Authority reserves the right to reject any and all bids for any cause whatsoever, to eliminate any item or items from the contract and to waive any informalities in the Bids..

Daniel Kelly, Chairman

00100-1

INFORMATION FOR BIDDERS

1. FORM AND SUBMISSION OF PROPOSALS

The Darby Creek Joint Authority hereinafter called “The Authority” invites proposals in the annexed form. Proposals must reach be submitted to www.PennBid.Bonfirehub.com at the time given in Notice to Bidders Advertisement.

2. PAPERS ACCOMPANYING PROPOSALS

Each proposal must be accompanied by the following papers which, unless otherwise indicated, should be enclosed with the proposal:

a. A certified check or bid bond in the amount of not less than 10% of the total bid, payable to the order of the Darby Creek Joint Authority.

b. The form of Contract bound herewith, with his bid price inserted.

c. Non-Collusion Affidavit.

d. Bidder’s Qualifications

3. ACCEPTANCE OF PROPOSAL

Within sixty (60) days after the opening of the proposal, the Authority will accept one of the Proposals for the Contract bid upon or will reject all bids. The Authority will make formal acceptance of the proposal or proposals by a notice in writing signed by the Secretary of the Authority and mailed to or delivered to the office designated in the proposal.

4. EXECUTION OF FORM OF CONTRACT

Within Ten (10) days, Sundays and Holidays excepted, after the acceptance of his proposal, the Authority shall present or mail to the successful bidder, in quadruplicate, the Form of Contract bound herewith, with the blanks filled out in accordance with his proposal. Within three (3) days, Sundays and Holidays excepted, thereafter, the successful bidder shall deliver all copies to the Authority duly executed by him as Contractor. The Authority shall execute all copies and shall return one to the successful bidder.

5. SECURITY FOR FAITHFUL PERFORMANCE

When he returns the copies of the Form of Contract, the successful bidder shall also deliver to the Authority, security for his faithful performance in an amount contained in the Form of Agreement.

6. RETURN OF CERTIFIED CHECKS

Within ten (10) days after the opening of the proposals, the Authority will return all certified checks deposited by bidders, except those deposited by three (3) bidders to be selected by the Authority which will be returned within three (3) days after the Form of Contract is signed by the Authority, or if all proposals are rejected, not later than three (3) days after such rejection. The return of a bidder’s check shall not, however, be deemed to be a rejection of his proposal.

7. RIGHT TO ACCEPT AND REJECT PROPOSALS

The Authority reserves the unqualified right, in its sole and absolute discretion, to reject any and all proposals and to waive any informalities therein. The award, if any, will be made to the lowest responsible bidder on the basis of the total contract.

In the event that a successful bidder defaults upon the agreement created by the acceptance of his proposal, the Authority reserves the option to accept the proposal of the next lowest bidder within eighteen

(18) days from such default.

8. LIQUIDATED DAMAGES

Inasmuch as the damages to the Authority from a breach by the successful bidder of the agreement created by the acceptance of his proposal will include among others, those resulting from interference with its

00100-2 predetermined progress for the construction of a public improvement, such as interest upon funds raised for the construction thereof, engineering and other items whose accurate amount will be difficult or impossible to compute, such damages shall be liquidated in the sum of the following amounts:

a. The excess, if any, of the total contract price shown in the Form of Contract annexed to the proposal finally accepted, over that in the one annexed to the proposal of the originally successful bidder;

b. The expense of such new advertisement of the Contract, if any, as may be deemed necessary by the Authority;

c. The sum of five hundred ($500.00) dollars for each and every day, including Sundays and Holidays, that the Authority shall be delayed in entering into the Contract for the performance of work by reason of such failure of the originally successful bidder.

In the recovery of the damages above specified, the Authority may proceed against the sum represented by the certified check deposited with it, or upon the Agreement of Proposed Surety, or take such other action as it may be advised.

END OF SECTION

00300-1

FORM OF PROPOSAL

TO: Darby Creek Joint Authority FROM:

c/o Catania Engineering Associates. Inc.

520 W. MacDade Blvd.

Milmont Park, PA 19033 Phone:

Fax:

Dear Board Members:

The undersigned, having familiarized himself with the existing conditions in the Project Area 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 (610-532-2884), hereby proposes to furnish and install all supervision, technical personnel, labor, materials, machinery, tools, appurtenances and equipment required for Right-of- Way Mowing Contract for period of January 1, 2026 to December 31, 2026 with option renewal to December 31, 2027 and December 31, 2028 for the sum of:

JANUARY 1, 2026 TO DECEMBER 31, 2026

AMOUNT IN WRITING

AMOUNT IN FIGURES

OPTION 1 - JANUARY 1, 2027 TO DECEMBER 31, 2027

OPTION 2 - JANUARY 1, 2028 TO DECEMBER 31, 2028

based on the following:

DARBY CREEK JOINT AUTHORITY

Item #

Description

Quantity

Unit Price

Total

1.

Right-of-Way Mowing - 2026

EA

/EA

OPTION 1

2.

Right-of-Way Mowing - 2027

OPTION 2

3.

Right-of-Way Mowing – 2028

00300-2

TREE REMOVAL

4. Tree Removal, up to 12” Tree 5 EA

$___________ /EA

5. Tree Removal, 12” to 24” Tree 5 EA

$ __________ /EA

6. Tree Removal, 24” to 36” Tree 5 EA $___________ /EA $_____________

7. Tree Removal, 36” + 3 EA $___________ /EA

*Two (2) complete mowings are required per year during the periods specified herein.

NOTE: Each Right of Way (ROW) Mowing shall be completed in accordance with the following schedule:

SUMMER ROW MOWING: July 1 to July 31

FALL ROW MOWING: November 1 to November 30

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

The Darby Creek Joint Authority is exempt from the payment of any Federal excise or transportation taxes and any Pennsylvania Sales Tax. The price bid must be net, exclusive of all taxes.

In submitting this Bid, the Bidder understands that the right is reserved by the Authority 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(s). dated , 20 .

00310-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE, as PRINCIPAL, and as SURETY, are held and firmly bound unto the Darby Creek Joint Authority,hereinafter called the OWNER), in the penal sum of ($ ) 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 DCJA R.O.W. MOWING.

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the time specified therein after the opening of the same, and shall within 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.)

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)

00320-1

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:

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.

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.

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.

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.

This firm, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last 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.

00330-1

SECTION 00330

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:

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:

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:

00400-1

FORM OF AGREEMENT

THIS AGREEMENT, made and concluded this __________________ day of , 20____, and between DARBY CREEK JOINT AUTHORITY, a duly incorporated municipal authority under the laws of the Commonwealth of Pennsylvania with, 212 Unity Terrace B, Rutledge, PA 19070, (hereinafter called “Authority”)

AND

with office situate (hereinafter called “Contractor”).

WITNESSETH:

WHEREAS, the Authority advertised for bids for the furnishing and installation of all supervision, technical personnel, labor, materials, machinery, tools, appurtenances and equipment required for:

DCJA R.O.W. MOWING

pursuant to the Notice to Bidders, Instructions to Bidders, Non-Collusion Affidavit, Form of Proposal and other bid documents, proposed contracts and documents related thereto, General Conditions, Special Conditions, Technical Specifications and Drawings prepared by Catania Engineering Associates, Inc., Consulting Engineers, all of which are attached hereto, are made a part hereof and are marked Exhibit “A”; and

WHEREAS, Contractor properly submitted its bid to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances and equipment and to do all the work as required for:

pursuant to the terms and conditions set forth in the attached Exhibit “A”; and, at the regular meeting of the Authority held on , Contractor’s bid was duly accepted by the Authority at said meeting as the lowest responsible bid so received and which bid is attached hereto, is made a part hereof and is marked Exhibit “B”.

NOW, THEREFORE, the parties hereto, for themselves and their respective successors and assigns, intending to be legally bound hereby, mutually covenant, promise and agree to and with each other as follows:

1. Contractor hereby covenants and agrees to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances and equipment and to do all of the work as required for:

for the amount set forth in the attached Exhibit “B”. All in a first class workmanlike manner, in strict compliance with the specifications and Contract documents annexed hereto as Exhibit “A” in strict compliance with all the laws of the Commonwealth of Pennsylvania and to the satisfaction of the

00400-2

Authority and its Engineer.

2. In consideration of the foregoing, Authority hereby covenants and agrees to pay to the Contractor for:

as set forth in the attached Exhibit “B”. All which sums are to be paid to Contractor upon its completion of work as required to the satisfaction of the Authority and its Engineer.

3. Contractor hereby covenants and agrees not to hold or attempt to hold the Authority responsible for any damages done to any of its materials, equipment or vehicles due to the elements and/or due to any other cause whatsoever over which the Authority has no control, nor will it hold the Authority in any way liable, pecuniary or otherwise, for the same.

4. If Contractor at any time refuses or neglects to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fails in any respect to prosecute the work with promptness and diligence, or fails in the performance of any of the agreements contained herein, such refusal, neglect or failure being certified by the Authority Engineer, the Authority shall be at liberty after ten (10) days written notice to the Contractor to provide any such labor or materials and to deduct the cost thereof from any monies then due or thereafter to become due to the Contractor under this Contract, and if the Authority Engineer shall certify that such refusal, neglect or failure is sufficient ground for such action, the Authority shall also be at liberty to terminate the employment of the Contractor for the said work and either call upon the Surety to complete said Contract or to enter upon the premises and take possession for the purpose of completing the work included under this Contract, of all materials, tools and appliances thereon and to employ any other person or persons to finish the work and to provide the materials therefor, and in the case of such discontinuance of the employment of the Contractor shall not be entitled to receive any further payments under this contract until said work shall be wholly finished, at which time, if the unpaid balance of the amount to be paid under this Contract shall exceed the expenses incurred by the Authority in finishing the work, such excess shall be paid the Contractor by the Authority, but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Authority, the expenses incurred through such default shall be audited by the Authority Engineer, whose certificate thereof shall be conclusive and binding upon the parties.

5. All work required by this Contract shall be completed to the satisfaction and approval of the Authority in the time specified under the form of proposal following receipt of the Authority’s notice to proceed. Contractor further agrees to pay as liquidated damages the sum of Five Hundred Dollars ($500.00) per calendar day for each day thereafter that the work is not fully certified by the Authority Engineer as complete in accordance with the plans, specifications and related documents.

6. Contractor hereby covenants and agrees that it will not assign, transfer or sublet this Agreement or any part thereof, or give or execute any Power of Attorney for the purpose of collecting money under this Agreement to any one whatsoever without prior written consent of the Authority.

7. Contemporaneously with the execution of this Agreement, Contractor hereby covenants and agrees to furnish to the Authority a Surety Performance Bond in the sum of conditioned upon the faithful performance by Contractor of each and every term and condition of this Agreement, which Bond is incorporated herein and made a part hereof by reference. Said Bond shall be subject to the approval of the Solicitor of the Authority as to form and as to the financial integrity of the Surety Company submitted.

8. Contemporaneously with the execution of this Agreement, Contractor hereby

00400-3 covenants and agrees to furnish to the Authority Surety Performance Bond in the sum of for the use of any and every person, partnership, association, corporation and/or any other legal entity supplying and/or performing labor and/or furnishing materials for the performance of the work contemplated under this Agreement and conditioned upon the prompt payment of all such labor supplied or performed and all of such materials furnished in the prosecution of the work contemplated under this Agreement whether or not the aforesaid labor and/or materials enter into or become component parts of the work or improvements contemplated under this Agreement. Such Bond shall be deposited with and held by the Authority for the use of any person interested therein. Said Bond shall provide that every person, partnership, association, corporation and/or other legal entity, furnished material or supplies in the prosecution of the work contemplated under this Agreement, and who has not been paid therefore, may sue in assumption on said Bond in the name of the Authority for his, her, their or its use, and may prosecute the same to final judgment for such sum or sums as may be justly due him, her, them or its, and have execution thereon and to further indemnify the Authority for any liability therefore and for the cost or expense of any suit thereon. Said Bond shall be incorporated herein and made a part hereof by reference and shall be subject to the approval of the Solicitor of the Authority as to form and as to the financial integrity of the Surety Company submitted.

9. Contractor hereby accepts the provisions of the Act of Assembly and its amendments establishing workmen’s compensation in the Commonwealth of Pennsylvania and covenants and agrees that all persons rendering labor or services for the Contractor shall do so under the provisions of the Pennsylvania Workmen’s Compensation Law as evidence by its affidavit to such effect which is incorporated herein and made a part hereof by reference. Contractor further covenants and agrees to have and to maintain at all times during the progress of the work contemplated under this Agreement, a sufficient amount of Workmen’s Compensation Insurance to meet any and all possible claims of its employees and to furnish the Authority with a certificate evidencing the fact that it has complied with the Pennsylvania Workmen’s Compensation Law, or a certificate of exemption from compliance with the said Law, certified to by the Bureau of Workmen’s Compensation of the Pennsylvania Department of Labor and Industry. Contractor further covenants and agrees that it shall be solely responsible for any and all such claims of its employees and that will at all times indemnify and save harmless the Authority from the same. Said certificate is to be provided contemporaneously with the execution of this Agreement and is to be incorporated herein and made a part hereof by reference.

10. Contemporaneously with the execution of this Agreement, Contractor covenants and agrees that it will submit to the Authority a certificate of insurance certifying that is has public liability insurance, property damage insurance and any other required insurance coverage in the forms and in the minimum amount or amounts set forth in the attached Exhibit “A” or as required by the Authority and that it will add and identity the Authority as an additional insured party under said insurance policies and coverages. Contractor further covenants and agrees that it will indemnify and save harmless the Authority from any and all claims, suits, actions or causes of action of any name, manner, kind or description, whatsoever, brought against the Authority on account of any act or omission of the Contractor, its agents, servants, employees, subcontractors, their agents, servants or employees relative to Contractor’s performance and/or nonperformance of any and all work contemplate by this Agreement.

11. Contractor hereby covenants and agrees that it is performing all work contemplated by this Agreement as an independent Contractor in all respects and is not, in any sense, acting as the agent, servant and/or employee of the Authority.

12. Contractor covenants and agrees that it has received a fully bound and executed copy of this Agreement including the attached Exhibits “A” and “B”, and that it will be bound by and will comply with each and every requirement, term, condition and provision thereof. Contractor

00400-4 further covenants and agrees that the foregoing constitutes the entire Agreement between the parties hereto and that the foregoing shall not be changed nor modified except when such changes or modifications thereto are reduced to writing and signed by the parties hereto.

13. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns.

14. This Agreement shall be construed according to the laws of the Commonwealth of Pennsylvania.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first written above

Attest: Chairman

Secretary

CONTRACTOR

President

Attest:

00410-1

FORM OF PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, hereinafter called Obligors, are held and firmly bound unto hereinafter called the Obligee, in the sum of ($ ) lawful money of the United States of America, well and truly to be paid, and for the payment of which we and each of us hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Dated this day of , 20 .

WHEREAS, the said Principal has entered into a certain Contract in writing, bearing date the day of , 20 , with the Obligee to furnish and deliver the materials and do and perform all of the work and labor required as specified and designated therein;

NOW THE CONDITION OF THIS OBLIGATION IS SUCH that if the said Obligors shall faithfully perform and comply with the terms and provisions of the said Contract, and shall complete the work therein mentioned as provided therein, in accordance with the said Contract, and to the satisfaction and approval of the Obligee, and all officers, employees and agents of said Obligee against any and all loss, damages, claims, demands, suits, costs, expenses and charges (including counsel fees) suffered, sustained or incurred by said Obligee, or to which the said Obligee may become or be alleged to be liable for or by reason of any act, neglect or default on the part of the Contractor, his Subcontractors, agents or employees, and whether arising out of injuries sustained by workmen or employees engaged in such work or by any other persons or corporations who may suffer any damage for loss or injury to their persons or property in any way arising out of or in the doing of said work in addition to maintaining such work for a period of one year after date of acceptance and shall otherwise comply with the terms and conditions of said Contract, then this obligation shall become null and void, or otherwise remain in full force and virtue.

AND THE SURETY, for value received hereby stipulates and agrees that no change, extension of time, alterations or addition to the forms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF the Principal has hereunto set his hand and seal or has these presents to be executed by its duly authorized officers and the corporate seal hereto affixed, duly attested, and the Surety has caused these presents to be executed by its duly authorized officers and the corporate seal hereto affixed, fully attested, the day and year aforesaid.

SIGNED, SEALED AND DELIVERED THIS DAY OF , A.D., 20 .

IN THE PRESENCE OF: (INDIVIDUAL PRINCIPAL SIGN HERE)

ATTEST: (CORPORATE PRINCIPAL SIGN HERE)

TITLE:

BY: TITLE:

(Surety Sign Here)

Name of Company Address

Phone No.

WITNESS:

00420-1

LABOR AND MATERIALS BOND

KNOW ALL MEN BY THESE PRESENTS, THAT , Principal and (hereinafter called the Obligee), in the penal sum of ($ ) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally firmly by these presents:

WHEREAS, said Principal has entered into a certain Contract with said Obligee, dated , 20 _ (hereinafter called the Contract) for the , which Contract and the specifications for said work shall be deemed a part hereof as fully as if set herein.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH that if said Principal and all Subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said Principal and of such Subcontractors shall promptly make payment for all labor performed, services rendered and materials furnished in the prosecution of the work provided for in said Contract, the above obligation shall be void, however, that this bond is subject to the following conditions and limitations:

All persons who have performed labor, rendered services or furnished materials or machinery as aforesaid shall have a direct right of action against the Principal and Surety, which right of action shall be asserted in the proceedings instituted in the state in which such labor was performed, services rendered or materials furnished (or where labor has been performed, services rendered or materials furnished under said Contract in more than one State, then in any such State).

Insofar as permitted by the laws instituted in the name of the Obligee to the use and benefit of the person instituting such action and of all other persons having claims hereunder, and any other person having a claim hereunder shall have the right to be made a party to such proceeding (but not later than 6 months after the complete performance of said Contract and final settlement hereof) and to have such claim adjudicated in such action and judgment thereon.

The Surety shall not be liable hereunder for any damage or compensation recoverable under any Worker's Compensation or employer’s liability statute.

In no event shall the Surety be liable for a greater sum than the penalty of this Bond, or subject to any suit, action or proceeding thereon that is instituted later than 6 months after the complete performance of said Contract and final settlement thereof.

As used herein: The term “person” refers to any person, firm, or corporation who has furnished materials or machinery to be used on or incorporated in the work or the prosecution thereof provided for in said contract or in any amendment or extension of or addition of said contract and/or to any person engaged in the prosecution of the work provided for in said Contract or in any agent, servant or employee of the Principal, or of Contractor, who is an agent, servant or employee of the Principal, or of any Subcontractor or of any assignee of said Principal or of any Subcontractor and also anyone so engaged who performs the work of a laborer or of a mechanic regardless of any contractual relationship between the Principal or any Subcontractor or assignee of said Principal or of said Subcontractor, and such laborer or mechanic, but shall not include office employees not regularly stationed at the site of the work.

AND the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or the work to be performed hereunder or the specifications accompanying the same shall in any way effect its obligation on this Bond, and it does hereby waive notice of the change, extension of time, alteration or addition to the terms of the Contract or to the work to the specifications.

SIGNED AND SEALED AND DELIVERED THIS DAY OF , 20 .

IN THE PRESENCE OF: (INDIVIDUAL PRINCIPAL SIGN HERE)

ATTEST: (CORPORATE PRINCIPAL SIGN HERE)

BY:

(Surety Sign Here)

WITNESS:

00440-1

AFFIDAVIT RE:

ACCEPTING PROVISIONS OF THE WORKER'S COMPENSATION ACT

STATE OF :

COUNTY OF :

being duly sworn according to law disposes and says that (they, he, it) (has, have) accepted the provisions of the Worker's Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and (has, have) insured (his, their, its) liability thereunder in accordance with the terms of said Act with ____________________________________________________(Surety Company)

Type or Print Name of Contractor

BY:

(Signature / Title)

Sworn to and subscribed before me this day of , 20 .

(Notary Public)

My commission expires:

(Date)

00500-1

ENVIRONMENTAL PROTECTION

It will be the Contractor’s responsibility to conform to the requirements of the Department of

Environmental Protection as follows:

1. Reduce by the greatest extent practicable, the area and duration of exposure of readily erodible soils.

2. Protect the soils by use of temporary vegetation or seeding and mulch, or by accelerating the establishment of permanent vegetation. Complete and protect segments of work as rapidly as is consistent with construction schedules.

3. Retard the rate of runoff from the construction site and control disposal of runoff.

4. Trap sediment resulting from construction in temporary or permanent silt holding basins.

This includes pump discharges resulting from dewatering operations.

5. Sprinkle or apply dust suppressors or otherwise keep dust within tolerable limits on haul roads and at the site.

6. Use temporary bridges or culverts where fording of streams is objectionable. Borrow areas shall be at a location where pollution from the operation can be minimized. Locations should be avoided where pollution would be inevitable.

7. Should construction operations be suspended for any appreciable length of time, temporary measures for the control of erosion must be utilized.

8. Provisions shall be made for protection against discharges of pollutants such as chemicals, fuel, lubricants, sewage, etc., into the stream.

9. All operations shall be conducted in such a manner to minimize turbidity in the stream at and below the site and shall meet the requirements on turbidity as established the Department of Environmental Protection.

10. The Contractor shall, at all times, keep the premises free from accumulation of waste material or rubbish caused by his employees or work.

11. Before the work will be considered as having been completed, the Contractor shall clean and remove from the project and adjacent property, all surplus and discarded material, equipment and temporary structures and shall leave the project “Broom Clean”.

00510-1

PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

The Commonwealth of Pennsylvania enacted Act 127 of 2012, known as the Public Works Employment Verification Act (‘the Act’) which requires all public work contractors and subcontractors to utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work projects are authorized to work in the United States.

The Department defines a “Public Work” to be construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of twenty-five thousand dollars ($25,000) but shall not include work performed under a rehabilitation or manpower training program.

The Department of General Services’ Public Works Employment Verification Compliance Program is responsible for the administration, education and enforcement of the Public Works Employment Verification Act 127 of 2012. It provides contractors and subcontractors with educational outreach, conducts investigations when complaints are received and random audits to ensure compliance with the requirements of this Act.

Please direct your questions to the Public Works Employment Verification Compliance Office

Mail: Department of General Services Public Works Employment Verification Compliance Office Room 105 Tent Bldg.

18th & Herr Streets Harrisburg, PA 17125

00510-2

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date

Business or Organization Name (Employer)

Address

City State_ Zip Code

Contractor Subcontractor ( c h e c k one)

Contracting Public Body

Contract/Project No

Project Description

Project Location

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act ('the Act') through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, , authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

00800-1

GENERAL PROVISIONS

AUTHORITY IMPROVEMENTS

1. DEFINITIONS

“Contract” shall mean the entire agreement between the parties, including the General Provisions, the Specifications, Contractor’s accepted Proposal, the Advertisement of the Information for Bidders, copies of which are bound herewith and the Contract Drawings, all of which are hereby made a part hereof as though herein set forth in full.

“Work” shall mean all plant, labor, materials and other facilities, and all other things necessary or proper for or incidental to the construction of the work as covered by the Contract Drawings and various items of the Contract.

“Extra Work” shall mean work required by the Authority in addition to that required by the Contract Drawings in their present form.

“Plans of Drawings” shall mean the Contract Drawings listed in the Proposal of the Specifications.

“Authority” shall mean the Darby Creek Joint Authority.

“Committee” shall mean the Operating Committee of the Authority.

“Engineer” shall mean Catania Engineering Associates, Inc., Consulting Engineers, 520 W.

MacDade Boulevard, Milmont Park, PA 19033-3311.

“Inspector” shall mean any representative of the Authority or Engineer especially designated by it, or them, to act as inspector acting within the particular authority vested in him.

“Contractor” shall mean the Bidder who has signed the original Contract, or his Sureties.

“A.S.T.M.” shall mean American Society for Testing Materials.

2. PAYMENTS

Payments for work completed shall be made to the Contractor for each summer and fall right of way mowing as approved at the Authority Board Meeting.

The Contractor shall not be entitled to demand or receive payments for any work as extra work unless ordered in writing by the Engineer to do the same as such, and at a price fixed by them previously to its commencement.

The Contractor must preserve all stakes, bench marks, etc., made or established on the line of the work, until authorized to remove the same. All lines, grades and certificates to be furnished the Contractor by the Engineer.

3. PLANS AND SPECIFICATIONS

These specifications are intended to require and include all work and material necessary and proper for the work contemplated. In case, by inadvertence or otherwise, the plans or specifications omit to require some work or material necessary for that purpose, the Contractor shall, nevertheless, be required to provide the same so that the work may be complete according to the true intent and purpose of the plans and specifications.

The Contractor agrees that he has satisfied himself by his own investigation and research regarding all the conditions affecting the work to be done and labor and material needed, and that his conclusion to execute this Contract is based on such investigation and research, and not on the estimate of the quantities or other information prepared by the Engineer, and that he will make no claim against the Authority because

00800-2 any of the estimates, tests, or representatives of any kind affecting the work made by any agent of the Authority may prove to be in any respect erroneous.

4. PROGRESS AND CONDUCT OF WORK

The Contractor shall begin work and complete each right of way mowing during the dates specified under this Contract.

The Contractor shall not be entitled to any claims for damages from any hindrance or delay from any cause whatsoever in the progress of the work, or any portion thereof, but when such hindrance or delay results from causes entirely beyond the control of the Contractor, said hindrance or delay, excepting such as may, from time to time, result from ordinary and not unusual weather conditions for the reason of the year when he is at work, may entitle such diminution. The time stipulated for the completion of the work may be proportionately increased or diminished.

If any dispute or difference shall arise as to the efficiency of labor or quality of materials employed, or as to the proper execution of the work, they shall be settled by the Engineer, whose decision shall be final and conclusive.

The Contractor shall give his personal attention constantly to the faithful prosecution of the work, shall keep the same under his personal control, and shall not assign by power of attorney or otherwise, or sublet the work or any part thereof without the previous written consent of the Authority. He shall state to the Engineer in writing the name of any subcontractor he intends to employ, the portion of the work which he is to do or the material which he is to furnish, his place of business and such other information as the Authority may require in order to know whether such subcontractor is reputable and reliable and able to perform the work or to furnish the material as called for in these specifications. He shall not, either legally or equitably, assign any of the moneys payable under this Agreement or his claim thereto unless by and with the like consent of the Authority.

Any defective work or material that may be discovered by the Engineer before the final acceptance of the work or before final payment has been made shall be removed and replaced by work and material which shall conform to the spirit of the specifications. Should such work be found defective, the cost of making such examination and of satisfactory reconstruction shall be borne by the Contractor. Should the work be found to be satisfactory, the cost of the examination will be paid by the Authority.

The Contractor shall give his personal supervision to the faithful prosecution of the work and in case of his absence, he shall have a competent representative or foreman on the work who shall follow without delay, all instructions of the Engineer or his assistants in the prosecution and completion of the work and every part thereof, and who shall have full authority to supply men, material and labor immediately.

The Contractor shall employ only competent, skillful men to do the work, and whenever the Engineer shall notify the Contractor in writing that, in his opinion, any man on the work is incompetent, impertinent, disobedient, unfaithful, disorderly, or otherwise unsatisfactory, such man shall be discharged from the work and shall not again be employed on it except with the consent of the Engineer.

The work is to be prosecuted in such manner and from as many different points, at such times, in such parts, and with such force as the Engineer, from time to time during the progress for the work may determinate.

The Contractor shall execute his work in the presence of an inspector furnished by the Engineer during the working hours of the day, unless specifically directed otherwise.

5. LEGAL RELATIONS AND CONTRACTOR’S MISCELLANEOUS RESPONSIBILITIES

Contractor shall have and maintain at all times during the progress of the work, a sufficient amount of Worker’s Compensation Insurance to meet any possible claims of his employees and shall furnish the Authority, previous to starting construction, a certificate from the insurance company showing that he carries such insurance, it being understood and agreed that the Contractor shall also be solely responsible for all

00800-3 such claims. The Contractor shall also furnish the Authority, previous to starting construction, a certificate from the…