2-84250-112-VI-26 Specifications.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

LINE CLEANING AND VIDEO INSPECTION YEAR 2026

OF

CRUM CREEK SANITARY SEWER INTERCEPTOR

MH No.: CC172 TO MH No.:CC230 MH No.: CC226 TO MH No.: CCE9

MH No.: CCE1 TO MH No.:D

FOR

CENTRAL DELAWARE COUNTY AUTHORITY

212 B UNITY TERRACE

RUTLEDGE, PA 19070

BID OPENING

AUGUST 26, 2025

10:00 AM

CATANIA ENGINEERING ASSOCIATES, INC.

CONSULTING ENGINEERS

520 W. MAC DADE BOULEVARD

MILMONT PARK, PA 19033-3311

JUNE 2025

FILE No.: 84250-112-VI-26

00020-1

NOTICE TO BIDDERS

Online sealed proposals will be received until 10:00 AM, August 26, 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 at the Board Meeting of the Authority at their Meeting Room at 212-B Unity Terrace, Rutledge, PA at 5:00 P.M. on September 2, 2025 for the Line Cleaning and Video Inspection Year 2026 of Crum Creek Interceptor – Manhole No.: CC172 to MH No.: CC230 and Crum Creek Extension..

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 $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 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.

Charles L. Lillicrapp, Jr., Authority Chairman http://www.pennbid.bonfirehub.com/

00100-1

INSTRUCTIONS TO BIDDERS

1. THE WORK

Furnishing all necessary materials, equipment, tools, labor and supervision and safety precautions required for the Line Cleaning and Video Inspection of Crum Creek Interceptor – Manhole No.:

CC172 to MH No.: CC230 and Crum Creek Extension, according to Nassco PACP standards.

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.

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 the Contract and has furnished required Certificates of Insurance.

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

Bidder enters into the Contract or until 90 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 Authority may retain his Bid security as Liquidated Damages but not as a penalty.

C. Prior to signing the Contract, the Authority 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 Authority. 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 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.

00100-2

6. PROOF OF COMPETENCY OF BIDDER

A Bidder will be required to furnish evidence satisfactory to the Authority 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 Ninety (90) calendar days after the date set for opening thereof, and Bids shall be subject to acceptance by the Authority 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 Authority'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 Authority, sign and deliver copies to the Authority.

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

D. Bonds and Certificates of Insurance shall be approved by the Authority 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 Authority 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 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 Authority will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

00100-3

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. TIME FOR COMPLETION

Sixty (60) 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

00300-4

FORM OF PROPOSAL

TO: Central Delaware County Authority FROM:

c/o Catania Engineering Assoc., Inc.

520 W. MacDade Blvd.

Milmont Park, PA 19033-3311 Phone:

Fax:

Dear Board Members: Email:

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 Line Cleaning, Video Inspection and Manhole Inspection of the Crum Creek Interceptor (MH: CC172 – MH:CC230 and Crum Creek Extension)) for the sum of:

AMOUNT IN WRITING:

AMOUNT IN FIGURES:

Based on the following: (approximate estimated quantities)

BASE BID

Item

Description

Quantity

Line Cleaning Unit Price

Video Insp.

Unit Price

Total

Crum Creek Extension Interceptor

1. 8” Line 2,750 LF $

/LF $ /LF $

2. 14” Line 160 LF $ /LF $ /LF $

Crum Creek Interceptor

3. 12” Line 800 LF $ /LF $ /LF $

4. 18.” Line 5,150 LF $ /LF $ /LF $

5. 24” Line 14,100 LF $ /LF $ /LF $

TOTAL $

The bidder agrees that he is familiar with the entire sewer system. No extra allowance will be made for heavy cleaning or root cutting. Contract unit prices to include access to manholes.

The Central Delaware County 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 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 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 .

WORKERS 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.

SUBCONTRACTOR DECLARATION FORM

Each prime contractor is required to submit a list of subcontractors it intends to use on the project.

Subcontractor Business Address Type of Work

Project Name Prime Contractor Signature

00310-1

BID BOND

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

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

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

By:

Title:

Dated this day of , 20 .

State of County of :

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

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

Notary Public My commission expires:

00400-1

AGREEMENT FOR 2026 LINE CLEANING AND

VIDEO INSPECTION CONTRACT

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:

2026 Line Cleaning and Video Inspection of the Crum Creek Sanitary Sewer Interceptor 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:

2026 Line Cleaning and Video Inspection of the Crum Creek Sanitary Sewer Interceptor 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:

2026 Line Cleaning and Video Inspection of the Crum Creek Sanitary Sewer Interceptor 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 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

00400-2 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: Sixty (60) 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 ($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.

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.

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

00400-3 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 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.

00400-4

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:

J. Adam Matlawski, Esquire McNichol, Byrne & Matlawski, P.C.

1223 N. Providence Road Media, PA 19063

ARTICLE 15 – MISCELLANEOUS

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.

00400-5

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:

By: By:

Chairman

WITNESS: CONTRACTOR:

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

ATTEST: CENTRAL DELAWARE COUNTY AUTHORITY

Chairman

WITNESS: CONTRACTOR:

00410-1

PERFORMANCE BOND

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

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

OWNER (Name and Address):

CONTRACT

Date:

Amount:

Description: (Name & Location)

BOND

Date: (Not earlier than Contract Date):

Modification to this Bond Form:

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

CONTRACTOR AS PRINCIPAL SURETY

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

Signature: Signature:

Name & Title: Name & Title:

(Attach Power of Attorney)

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

EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.

00410-2

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

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

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

3.1 The OWNER has notified the CONTRACTOR and the Surety at

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

3.2 The OWNER has declared a CONTRACTOR Default and formally

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

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

3.3.1 The Surety in accordance with the terms of the Contract;

3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract.

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

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

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

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

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

4.4.1 After investigation, determine the amount of which it may be liable to the OWNER and, as soon as practicable, after the amount is determined, tender payment therefor to the OWNER; or

4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor.

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

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

6.1 The responsibilities of the CONTRACTOR for correction of

defective Work and completion of the Contract;

6.2 Additional legal, design professional and delay costs resulting from the CONTRACTOR’s Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and

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

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

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

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

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

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was being performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein.

The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions

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

12.2 Contract: The agreement between the OWNER and the

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

12.3 CONTRACTOR Default: Failure of the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

12.4 OWNER Default: Failure of the Owner, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.

00420-1

PAYMENT BOND

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

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

OWNER (Name and Address):

CONTRACT

Date:

Description: (Name & Location)

BOND

Date: (Not earlier than Contract Date):

Modification to this Bond Form:

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

(Attach Power of Attorney)

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

EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.

FOR INFORMATION ONLY – Name, Address and Telephone) AGENCY OR BROKER: OWNER’S REPRESENTATIVE (Engineer or other party):

00420-2

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

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

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

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

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

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

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

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

CONTRACTOR:

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

2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and

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

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

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

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

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

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

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

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

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

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

12. Notice to…