SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

SANITARY SEWER REHABILITATION

PHASE 2

FOR

CENTRAL DELAWARE COUNTY AUTHORITY

212 B UNITY TERRACE

RUTLEDGE, PA 19070

Funded Through

COMMONWEALTH OF PENNSYLVANIA

COMMONWEALTH FINANCING AUTHORITY

LOCAL SHARE ACCOUNT GRANT

BID OPENING

August 27, 2026

10:00 A.M.

CATANIA ENGINEERING ASSOCIATES, INC.

CONSULTING ENGINEERS

520 W. MAC DADE BOULEVARD

MILMONT PARK, PA 19033-3311

MAY 2026

FILE No. 84250-112-I/I-25-2

TABLE OF CONTENTS

TABLE OF CONTENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

FORM OF PROPOSAL

BID BOND

NON-COLLUSION AFFIDAVIT

BIDDER'S QUALIFICATIONS

CONTRACT AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BOND

WORKER'S COMPENSATION AFFIDAVIT

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

GENERAL CONTRACT CONDITIONS

TECHNICAL SPECIFICATIONS

SPECIAL CONDITIONS

MEASUREMENT AND PAYMENT

APPLICATIONS FOR PAYMENT

CHANGE ORDER PROCEDURES

PROJECT MEETINGS

PRECONSTRUCTION CONFERENCE

CONSTRUCTION SCHEDULE

SUBMITTALS AND SUBSTITUTIONS

CONSTRUCTION VIDEO

TEMPORARY FACILITIES AND CONTROLS

PRODUCT HANDLING

CONTRACT CLOSEOUT

CLEANING

PROJECT RECORD DOCUMENTS

RESTORATION OF DISTURBED AREAS

MANHOLE REHABILITATION

MANHOLE FRAME & COVER REPLACEMENT

CURED IN PLACE PIPE (CIPP)

SANITARY SEWER LATERAL REHABILITATION T LINER

PREVAILING WAGE DETERMINATION

EXHIBITS

EXHIBIT A – NONDISCRIMINATION / SEXUAL HARRASSMENT CLAUSE

EXHIBIT B – PENNSYLVANIA PREVAILING WAGE ACT

EXHIBIT C – ACT 1 OF 2010 LOCAL SHARE ASSESSMENT REPORTING REQUIREMENTS

EXHIBIT D– LOCAL SHARE ACCOUNT PROGRAM - INSTRUCTIONS FOR RECEIVING GRANTS FUNDS

NOTICE TO BIDDERS

Online sealed proposals will be received until 10:00 AM, August 25, 2026, 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 at the Committee Meeting of the Authority at their Meeting Room at 212-B Unity Terrace, Rutledge, PA at 5:00 P.M. on September 1, 2026, for the bid of the Sanitary Sewer Rehabilitation.

Project major items include: 1,735 LF of 8” Pipe CIPP, 11EA-Manhole Rehabilitation and 25EA- Sanitary Sewer Lateral Rehabilitation T Liner.

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 1/3% of the contract award value. There is a minimum award fee of $100.00 and a maximum of $5,000.00.

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 their bid, security in the form of a certified check or bid bond in the amount of two hundred dollars ($200.00), payable to the Central Delaware County Authority.

The successful bidder will be required to furnish a Contractor’s Performance Bond and Labor and Materials Bond in such form and having as security thereon, such Surety Company as is approved by the Authority, in an amount of not less than the total of the accepted bid.

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.

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.

Charles L. Lillicrapp, Jr.

Authority Chairman

0003-1

INSTRUCTIONS TO BIDDERS

1. THE WORK

Furnishing all necessary materials, equipment, tools, labor and supervision and safety precautions required for the Sanitary Sewer System rehabilitation.

2. SECURING DOCUMENTS

Copies of the proposed Contract Documents may be obtained from www.PennBid.Bonfirehub.com

3. BID FORM

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

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

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

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

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

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

4. BONDS

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

B. The Owner reserves the right to retain the security of all Bidders until the successful

Bidder enters into the Contract or until 30 days after Bid opening, whichever is sooner.

Other Bid security will be returned as soon as practicable. If any Bidder refuses to enter into a Contract, the Owner may retain his Bid security as Liquidated Damages but not as a penalty.

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

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

5. EXAMINATION OF DOCUMENTS AND SITE OF WORK

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

Each Bidder shall fully inform himself prior to Bidding as to existing conditions and limitations under which the Work is to be performed, and shall include in his Bid a sum to cover the cost of http://www.pennbid.bonfirehub.com/

0003-2 items necessary to perform the Work as set forth in the proposed Contract Documents. No allowance will be made to a Bidder because of lack of such examination or knowledge. The submission of a Bid will be considered as conclusive evidence that the Bidder has made such examination.

6. PROOF OF COMPETENCY OF BIDDER

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

7. WITHDRAWAL OF BIDS

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

B. No Bidder may withdraw his Bid for a period of one hundred and twenty (120) calendar days after the date set for opening thereof, and Bids shall be subject to acceptance by the Owner during this period.

8. AWARD OR REJECTION OF BIDS

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

9. EXECUTION OF AGREEMENT

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

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

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

D. Bonds and Certificates of Insurance shall be approved by the Owner before the successful

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

10. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

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

B. Interpretation or correction of proposed Contract Documents will be made only by

Addendum and will be mailed or delivered to each General Contract Bidder of record.

The Owner will not be responsible for any other explanations or interpretations of the

C. proposed Contract Documents.

11. PRE-BID CONFERENCE - N/A

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

12. CONSTRUCTION TIME

One-Hundred Twenty (120) Calendar Days

13. NON-COLLUSION AFFIDAVIT

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

14. MATERIAL SAFETY DATA SHEETS

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

END OF INSTRUCTION TO BIDDERS

004-1

FORM OF PROPOSAL

To: Central Delaware County Authority FROM:

212B Unity Terrace Rutledge, PA 19070

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 the Sanitary Sewer System Rehabilitation for the sum of:

AMOUNT IN WRITING

AMOUNT IN FIGURES

based on the following:

Description

Unit Price

Total Price

Ridley MH-PP2B

BASE BID

A. Manhole Rehabilitation 7 EA $ /EA $

B. 8” Ø CIPP Liner 1,050 LF $ /LF $

C. Sanitary Sewer Lateral Rehabilitation T Liner 9 EA $ /EA

1. ALTERNATE-1

1A. Manhole Rehabilitation 2 EA $ /EA $

1B. 8” Ø CIPP Liner 190 LF $ /LF $

1C. Sanitary Sewer Lateral Rehabilitation T Liner 3 EA $ /EA

2. ALTERNATE-2

2A. Manhole Rehabilitation 1 EA $ /EA $

2B. 8” Ø CIPP Liner 220 LF $ /LF $

2C. Sanitary Sewer Lateral Rehabilitation T Liner 2 EA $ /EA

3. ALTERNATE-3

3A. Manhole Rehabilitation 1 EA $ /EA $

3B. 8” Ø CIPP Liner 275 LF $ /LF $

3C. Sanitary Sewer Lateral Rehabilitation T Liner 11 EA $ /EA

PROJECT TOTAL

004-2

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

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

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

TO BIDDERS.

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

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

Date: , 20____. Official Address & Phone Number:

Name of Bidder

By

Title

We hereby acknowledge receipt of Addendum No(s). dated , 004-3

WORKER'S CLASSIFICATION

A list of the classes of all workers to be used on this project must be included with your Form of Proposal. This must include classes for any and all sub-contractors to be utilized.

SECTION 00310

BID BOND

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

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

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

SECTION 00320

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.

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:

0008-1

AGREEMENT

THIS AGREEMENT is entered into this day of , 20____, by and between the

Central Delaware County Authority, (hereinafter called the “Authority”), a duly incorporated municipal authority under the laws of the Commonwealth of Pennsylvania with offices located at 212B Unity Terrace, Rutledge, PA 19070 and , a corporation organized and existing under the laws of with its principal office located at

________________________________________________________ (hereinafter called “Contractor”).

Use of the term Authority herein shall include the Central Delaware County Authority, its member municipalities, its officers, board members, employees and agents, including appointed officials, such as, but not limited to the engineer for the Authority (hereinafter called “Engineer”).

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:

2025 Sanitary Sewer Rehabilitation – Phase 1 – Local Share Account Grant 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 Contract Documents prepared by the Engineer, attached hereto, are made a part herein as Exhibit “A”.

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

pursuant to the terms and conditions set forth in Exhibit “A”; and, Contractor’s bid was duly accepted by the Authority at the regular meeting held as the lowest qualified and responsible bid so received and which bid is attached hereto and incorporated herein as 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:

ARTICLE 1 - SCOPE OF WORK: The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances and equipment to perform all of the work as required for:

and described in Exhibit “A” for the amount of

($_ ) as set forth in 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 Authority and the Engineer.

ARTICLE 2 – COST OF WORK - In consideration of the foregoing, Authority hereby covenants and agrees to pay to the Contractor

($_______________________________________ ): for

0008-2 as set forth in Exhibits “A” and “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.

ARTICLE 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.

ARTICLE 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 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 therefore, and in the case of such discontinuance of 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 to 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.

ARTICLE 5 - All work required by this Contract shall be completed to the satisfaction and approval of the Authority as follows: ______________________________ ( ) Calendar Days following receipt of the Authority’s notice to proceed. Contractor further agrees to pay as liquidated damages the sum of

One Thousand Dollars ($1,000.00) 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.

ARTICLE 6 - Contractor shall not assign, transfer or sublet its responsibility or any monies due or to become due hereunder. Nor shall Contractor 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.

ARTICLE 7 - Contemporaneously with the execution of this Agreement, Contractor shall provide a

Surety Performance Bond subject to the approval of the Solicitor of the Authority, in an amount equal to

100 percent (100%) of this Agreement, to ensure the full and faithful performance of all provisions of the

Agreement in accordance with Exhibit “A”. Said Bond shall be attached hereto as Exhibit “C” and incorporated herein.

0008-3

ARTICLE 8 - Contemporaneously with the execution of this Agreement, Contractor shall provide a

Surety Performance Bond, subject to the approval of the Solicitor of the Authority, in an amount equal to

100 percent (100%) of this Agreement, for the use of any and every person, partnership, association, corporation and/or any other work 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 work legal entity, furnished materials or supplies in the prosecution of the work contemplated under this Agreement, and who has not been paid therefore, 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 as Exhibit “D”.

ARTICLE 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 evidenced by its affidavit to such effect which is incorporated herein and made a part hereof. Contractor further covenants and agrees to have and to maintain at all times during the progress of the work contemplated herein, the statutory amount of

Workmen’s Compensation Insurance to meet any and all 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 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 it 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.

ARTICLE 10 - Contemporaneously with the execution of this Agreement, Contractor shall supply the Authority with certificates of Insurance certifying that Contractor has Public Liability Insurance, Property

Damage Insurance and any other required insurance coverage in the forms and in the minimum amounts set forth in the attached Exhibit “A”. Said certificates shall add and identity the Authority as an additional insured party under said insurance policies. Contractor shall 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 contemplated by this Agreement. Cancellation of the required Public Liability Insurance and Property Damage Insurance shall not be effective unless the

0008-4

Authority is notified in writing 30 days prior to the date of any proposed cancellation.

ARTICLE 11 - Contractor understands that in performing this Agreement, Contractor is acting in the capacity of an independent Contractor and the Contractor shall not be an agent, servant, partner or employee of the Authority. Contractor shall be solely responsible to pay its own federal, state and local income taxes for its employees, salaries, social security payments, and any and all other payments incurred by Contractor in the performance of this Agreement, as well as perform all necessary legal requirements pertaining to employment. None of the benefits provided by Authority to its employees, including, but not limited to, worker’s compensation insurance, disability insurance, medical insurance and unemployment insurance are available from Authority to Contractor and/or any of Contractor’s agents, servants, or employees.

Contractor has no authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of Authority in any way whatsoever.

Contractor hereby agrees that the services to be performed under this Agreement will be performed entirely at Contractor’s risk, and Contractor assumes all responsibility for the subject matter of this Agreement. Contractor shall be solely responsible for its acts during the performance of the services set forth in this Agreement.

Contractor hereby agrees that in the performance of the services required under this Agreement, Contractor has full and sole responsibility for compliance with all applicable federal, state and local laws, regulations and ordinances.

ARTICLE 12 - Contractor hereby releases Authority, its directors, officers, agents, workers, servants and employees from any and all matter of liability whatsoever, whether it be in law or in equity, as to any kind and all kinds of damages, which shall include, but not be limited to, personal injury and damage to personal property, resulting to the Contractor, its agents, servants, or employees in the performance of services described herein.

ARTICLE 13 – DISPUTES PROVISION; GOVERNING LAW

In the event that a dispute arises between the parties as to any of the provisions of this Agreement, including Exhibit “A”, the matter shall be submitted to the Court of Common Pleas of Delaware County, Pennsylvania.

This Agreement is executed and delivered in the Commonwealth of Pennsylvania and is to be construed under and governed by its laws.

ARTICLE 14 – NOTICES

All notices provided to be given under this Agreement shall be given via certified or registered mail, addressed to the property party, at the address below:

Central Delaware County Authority:

212 B Unity Terrace Rutledge, PA 19070

With a copy to:

Adam Matlawski, Esquire

McNichol, Byrne & Matlawski, P.C.

1223 N. Providence Road, Media,PA 19063

ARTICLE 15 – MISCELLANEOUS

0008-5

This Agreement with the incorporation of all referenced Exhibits contains the entire agreement between the parties hereto with respect to the transactions contemplated hereby, and supersedes all previous written or oral negotiations, commitments, agreements and writings.

The captions and section headings contained in this Agreement are for the convenience only, and are not to be construed as a part of this Agreement or in any way as to defining, limiting or amplifying the provisions hereof.

This Contract may be executed in any number of counterparts. Each counterpart shall be deemed to be an original instrument, and all such counterparts together shall constitute but one instrument. This

Contract may only be modified by a writing signed by all of the parties.

If any provisions of this Agreement, or portion of any provision or the application thereof for any person or circumstance, is for any reason held invalid or unenforceable, the remainder of this Agreement and the application thereof to other persons or circumstances, will not be affected thereby.

No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto.

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

IN WITNESS WHEREOF - The parties hereto have hereunto executed the Agreement the day and year first above written:

ATTEST:

CENTRAL DELAWARE COUNTY AUTHORITY:

By: By:

Chairman

WITNESS:

CONTRACTOR:

By: By

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.

LABOR AND MATERIALSMEN'S 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)

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and a corporation, as Surety, are held firmly bound unto as Obligee, in the full and just sum of ($ ) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal entered into a contract with _________________________________________ dated _______________________________for WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period, and

WHEREAS, the said contract has been completed, and was approved on .

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one (1) year from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.

Signed and sealed this day of , 20 .

Witness:

Principal

Attorney-in-Fact

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)

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date:___________________

Business or Organization Name (Employer):__________________________

Address: ____________________________________

City: __________________ State: ________________________ Zip Code: _______________________

O Contractor o Subcontractor

Contracting Public Body Central Delaware County Authority

Contract/Project No 84250-112-I&I-25-P2 __________________________________________

Project Description: 2025 Sanitary Sewer Rehabi l i ta t ion Phase 2_______________________

Project Location: Central Delaware County Authority, Delaware County, PA

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

(Check one)

GENERAL CONTRACT CONDITIONS 0014-1

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS

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

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

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

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

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

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

ARTICLE 2 - EXECUTION, CORRELATION AND INTENT OF DOCUMENTS

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

ARTICLE 3 - DRAWINGS

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

Copies of the work: The Contractor shall keep one copy thereof of all drawings and specifications on the work…