2-EMA - specifications TV 2026 Final.pdf

EASTTOWN MUNICIPAL AUTHORITY (EMA)

Bid for Sanitary Sewer System Televising

June 1, 2026 to May 31, 2028

BIDS DUE: 2:00 PM, Tuesday April 28, 2026

Joseph A. Rodo, PE

EASTTOWN TOWNSHIP

566 Beaumont Rd.

Devon, PA 19333

(610) 687-3000

NOTICE TO BIDDERS

Notice is hereby given that the Easttown Municipal Authority (EMA) is soliciting online sealed bids for Sanitary Sewer System Televising.

All bids must be submitted online at www.pennbid.net. Registration on PennBid is free. Bid instructions and specifications will be uploaded and available for review on or about April 7, 2026.

All documents, bid bonds, affidavits and other information accompanying the bids shall be uploaded to the PennBid website. Bids must be submitted no later than 2:00 PM (prevailing local time), April 28, 2026, at which time the bidding will be closed. A bid bond in the amount of ten percent (10%) of the bid price for the contract term must accompany all bids.

All questions for the Township shall be asked via the PennBid website. Questions shall not be answered if received after 4:00 PM (prevailing local time), April 21, 2026.

Bids received will be revealed at the conclusion of the bidding period on the PennBid website.

The EMA reserves the right to reject any and all bids and to waive any nonconformity deemed in the best interest of the Township.

The Bid award, if awarded, will be made by the EMA at its public meeting to be held at 7:15 p.m., Tuesday May 12, 2026, or at a subsequent meeting, at the Easttown Township Municipal Building, 566 Beaumont Road, Devon, PA 19333.

Joseph A. Rodo Public Works Director Easttown Township

PART I: INSTRUCTIONS TO BIDDERS

1. Summary of Work and Bid Documents The base bid work to be performed shall generally consist of the cleaning and televising of 8”, 10”, and 12” sanitary sewer mains over the term of the agreement, controlling traffic, disposing of material associated with cleaning and televising, air testing of sanitary sewer main joints, chemical grouting of joints, installing cured-in-place (CIP) pipe repair sleeves, and televising laterals that connect to the sewer main. All work is on an as needed basis.

As used herein, the terms “Contract” and “Contract Documents” are defined to include all documents identified in Paragraph 1 of the General Specifications.

In accordance with these bid documents and specifications, each bidder/contractor shall place their bid on Bid Forms/Table available on the website, www.pennbid.net. The EMA may, in its sole and absolute discretion, accept any combination of alternates along with the base bid.

2. Examination of Premises Each bidder/contractor may inspect the premises identified in these bid documents and specifications so that they may make their own judgment concerning all circumstances affecting the cost of services to be provided and the nature of the work to be performed.

Each bidder/contractor shall assume all risks, whether or not patent, latent, known, hidden, or foreseeable.

3. Specifications and Documents Each bidder/contractor is advised to examine carefully the entire bid documents and specifications and to make their own independent judgment with respect to the circumstances affecting the cost of services and the manner of performance.

In the event of any discrepancy or inconsistency between any of the Contract Documents regarding the work to be performed, the better quality or greater quantity of work shall be provided.

4. Award of Contract The award of the contract will require the successful bidder/contractor to, in accordance with the combination of options selected by the EMA, supply all of the labor, tools, machinery, and equipment and to perform all services at the Easttown Service Locations as defined in these bid documents and specifications. The bid will be awarded to the lowest responsible bidder providing the combination of bid options for the initial term as selected by the EMA.

The successful bidder/contractor shall be required to comply with all applicable laws and statutes of the United States, the Commonwealth of Pennsylvania, Chester County and/or their respective agencies with respect to all applicable laws for the work specified herein. The rules and regulations pertaining to this work issued by county, state or federal agencies prior to or during the term of this contract shall be considered to be an integral part of these bid documents and specifications, and shall be binding on the bidder/contractor.

5. Term of Contract The proposed service contract shall be for an initial term of 24 months commencing on June 1, 2026 and terminating on May 31, 2028 (the “Initial Term”’). The contract may be extended at the discretion of the EMA for three one-year annual extensions (each a “Renewal Term”) with the first Renewal Term commencing June 1, 2028 (Contract Year 3), the Second Renewal Term commencing June 1, 2029 (Contract Year 4), and the third Renewal Term commencing June 1, 2030 (Contract Year 5). The EMA shall notify bidder/contractor of its intention to renew the contract for the Renewal Term not later than March 31, 2028, March 31, 2029, and March 31, 2030, respectively. If the EMA fails to send the written (or emailed) notice to renew for Contract Year 3, as provided above, the contract may terminate on May 31, 2028. Notice shall be in writing and given in accordance with the provisions of the contract with the successful bidder.

6. Working Conditions The EMA does not make any representation in connection with any work included in this proposal or in connection with any of the supplementary materials that form a part of this proposal. Bidders/contractors must inform themselves fully of all conditions relating to the work in question. Failure to do so will not relieve the successful bidder/contractor of the bidder/contractor’s obligation to furnish and perform the work, which forms the basis of the proposal, or to carry out provisions of the contract with respect to the performance of the contemplated work set forth in the bid. The successful bidder/contractor shall, in the execution of the work called for in the proposal, employ such methods that will avoid the interruption or interference with the operation of the affairs of the EMA and take necessary steps to ensure that, during the course of performance, there will be no infringement on the rights of the public.

The bidder/contractor will be held firmly responsible for the conduct and deportment of bidder/contractor's employees during the performance of their work as set forth more fully in these bid documents and specifications.

The successful bidder/contractor shall, in the performance of this contract, employ such methods that will avoid violation of any applicable statute of the United States Government, the Commonwealth of Pennsylvania, any political subdivision thereof, any other authority having jurisdiction, or any rule or regulation of the EMA.

7. Preparation of Proposals Using the online bid forms, each bidder/contractor shall submit a bid for the contracted services called for in this request for bids using EMA supplied information provided in these documents. The EMA may classify as “irregular” and reject any proposal where the contractor has attached conditions, limitations or ancillary provisions.

This is a bid to provide services at specified frequencies and at specified locations in the Township. The bid will be awarded based on the total aggregate value of the combination of options selected by the EMA for the Initial Term of the contract. If the EMA exercises its right to renew the contract for the first Renewal Term (Contract Year 3) then all year 3 unit prices will be adjusted 2.0% higher than the unit prices specified in the initial term of the contract. If the EMA exercises its right to renew the contract for the second extension (Contract Year 4) then all year 4 unit prices will be adjusted 2.5% higher than the unit prices specified in Contract Year 3. If the EMA exercises its right to renew the contract for the third extension (Contract Year 5) then all year 5 unit prices will be adjusted 3.0% higher than the unit prices specified in the Contract Year 4. Conforming bids must contain proposals for the Initial Term and the three Renewal Terms.

The EMA reserves the right to reject any and all bids, or to waive any nonconformity with respect to any bid or any error with respect to the same, which does not constitute a material departure from the specifications of this document. The determination of whether an error or departure is one of substance rests with the sole discretion of the EMA. Failure to submit a proposal for the entire amount of work and for the unit pricing called for in the base bid and alternates may result in the classification of such bid as "irregular" and may result in a rejection of the bid.

The EMA, at its sole discretion, may correct discrepancies in Bidder’s mathematical totals.

Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words.

8. Authority of Bidders The individual submitting the bid for the firm, corporation or individual must have authority to do so.

9. Bidder's Affidavit Each bidder/contractor shall complete and execute the Bidder's Affidavit, incorporated with and made part of the proposal document.

10. Withdrawal of Proposal Bids may be modified or withdrawn up to the bid opening date and time.

11. Consent of Surety Each bid shall be accompanied by consent of surety from an approved surety company that is licensed to conduct business in the Commonwealth of Pennsylvania. Such consent of surety shall be submitted in the form of a certificate, which clearly indicates that the surety company therein mentioned shall provide a performance bond which shall remain in effect for the Initial Term. If the EMA and Contractor jointly agree to renew the contract for Contract Year 3, Contract Year 4, or Contract Year 5, 20 days prior to the start of each Renewal Term, the consent of surety will be required to extend its performance bond for the entire Renewal Term(s).

12. Bid Bond Each bid must be accompanied by either a bid bond or a certified check in the amount of ten percent (10%) of the bid proposal amount for the initial year of the initial term, submitted as an unconditional guarantee that in the event the bid of the bidder/contractor is accepted and the service contract is awarded, such bidder/contractor will duly execute the same.

13. Disposal of Proposal Guarantee The lowest responsible bidder/contractor shall be awarded the contract and shall execute the service contract and furnish the required performance bonds or security within twenty (20) days after receiving notice from the EMA that such bidder/contractor has been selected.

Upon execution and delivery of the service contract and the furnishing of the required performance bond, the deposits and bonds made by the other bidders/contractors shall be returned to them.

In the event that the successful bidder/contractor fails to execute and deliver the contract and the necessary performance bond within twenty (20) days after notice from the EMA of the award of the contract, the award to said bidder/contractor shall be vacated. The said Bid Bond or Certified Check shall be forfeited as liquidated damages, or the EMA may, at its option, recover from such bidder/contractor the difference between the price of the bid and amount of the two (2) year service contract as shall be subsequently awarded, applying said deposit or Bid Bond on account thereof. If the next lowest responsible bidder/contractor shall fail to execute and deliver the service contract within ten (10) days after said award, the award shall be vacated. The EMA shall award the contract to the third lowest responsible bidder/contractor. The second lowest bidder/contractor's deposit or Bid Bond shall be forfeited as liquidated damages, or the EMA may, at its option, recover the difference between the price of the bid and the amount of the two (2) year service contract as shall be subsequently awarded, applying said deposit or Bid Bond on account thereof.

Notwithstanding the foregoing, the EMA, in its sole discretion, may determine to re-bid all or any part of the proposed work.

14. Non-Discrimination Affidavit Each bidder/contractor shall complete, sign and include at the time of the submission of bid a Non-Discrimination Affidavit on the form included herein and made a part of this proposal.

15. Affidavit of Non-Collusion Each bidder/contractor shall complete, sign and deliver at the time of the submission of bid an Affidavit of Non-Collusion on the form included herein and made a part of this proposal.

16. Interpretation No interpretations of any meaning of the specifications or other contract documents will be made to any bidder/contractor individually. Answers to questions raised and any supplemental information will be in writing, issued by the EMA, and if so issued, will be included within PennBid’s Document tab and notice emailed to all parties of record receiving the Specifications. Failure of any bidder/contractor to receive supplemental instruction shall not relieve the bidder/contractor from any obligation under its bid nor from any obligation to conform to the requirements either set forth in the original submission or the supplemental instruction, if any.

17. Bidder's Qualifications and Competency The EMA reserves the right to reject any bid received if the bidder/contractor's responses to the Qualification Questionnaire fail to satisfy the EMA that such bidder/contractor is qualified to carry out the obligation of the contract and to complete work, as specified. If applicable, any proposed subcontractor must also submit a Qualification Questionnaire, and the EMA reserves the right to reject any bid received if the subcontractor's responses to the Qualification Questionnaire fail to satisfy the EMA that such subcontractor is qualified to carry out the obligation of the contract and to complete work, as specified.

Failure to conform to the requirements may result in the classification of such a bid as "unqualified".

The EMA shall determine whether a bidder/contractor is acceptable and may require a bidder/contractor to submit additional documentary evidence to support the statements made by a bidder/contractor on its qualifications. The EMA may also require a bidder/contractor to show equipment to implement the contract, and every bidder/contractor in submitting a bid agrees to furnish additional information, which may be required by the EMA.

18. Performance Bond and Bond Years Within twenty (20) days of being awarded the service contract and prior to its execution, the successful bidder/contractor shall furnish a performance bond for the faithful performance of the contract, in the sum of 100% of contract amount of the initial year of the Initial term.

For the 3rd, 4th, and 5th years of the contract, a performance bond will be required if the EMA and Contractor jointly agree to renew the contract, 20 days before start of each respective Renewal Term. The amount of the performance bond shall equal 100% of the contract amount for the initial year of the Initial Term.

All bonds shall be filed with the EMA Manager no later than twenty (20) days prior to the commencement of the respective Renewal Term. Said bond shall be that of an approved surety company authorized to transact business within the Commonwealth of Pennsylvania and proof of it shall be submitted to the satisfaction of the Board of Supervisors. The surety shall have and maintain a rating of “A” or better in the Best Key Rating Guide (most recent edition) during the entire term of the Contract.” Agents of the bonding company shall furnish the necessary powers of attorney, bearing the seal of the company and evidencing such agents' authorization to execute the particular type of bond to be furnished, as well as the right of the surety company to conduct business in the Commonwealth of Pennsylvania.

19. Award of Service Contract - Manner and Considerations The EMA will review the bids and, in the exercise of its sole discretion, determine which combination of bid options provides the best service for the lowest cost for the Initial Term. In making this determination, the EMA will consider the ease of administration, public acceptance and protection of the public health, safety and welfare. The EMA will, after determining which of the bids meets the above criteria, award the service contract to the lowest responsible bidder providing the combination of bid options as selected by the EMA.

The lowest responsible bid, determined as provided herein above, shall, in all respects, comply with the applicable provisions of the Invitation to Bid, conditions, requirements and specifications of all the bid documents. The contract and all bid documents shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. The term of the initial performance bond shall commence on the first day of the first year of the Initial Term and if the EMA elects to renew the contract, the performance bonds for the Renewal Terms shall begin on the first day of the respective Renewal Term.

The EMA anticipates awarding the service contract within thirty (30) days following the opening of bids, to the lowest responsible bidder/contractor whose bid complies in all respects with the requirements as stated herein. The contract shall, in all respects, be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania.

The EMA has provided the frequency of service at each location for the purposes of determining and comparing bids. The final value of the contract between the bidder/contractor and the EMA will be the total cost based on the combination of bid options as selected by the EMA and the services actually provided by the bidder/contractor. The EMA will not be responsible for any differences between projected revenue and actual revenue since the nature and frequency of service will be subject to fluctuation.

20. Conditions, Exclusions, or Changes to the Bid Conditions or Specifications No conditions, exclusions or changes to the bid conditions or specifications shall be allowed, except insofar as the bidder/contractor can show that the resulting bid conditions or specifications will be in the mutual interest of the EMA and the bidder/contractor. If the bidder/contractor wishes to include any conditions, exclusions or changes to the bid conditions or specifications, the bidder/contractor shall provide a full and comprehensive written notification as to why such conditions, exclusions or changes to the bid conditions or specifications are necessary and in the interest of the EMA.

PART II: GENERAL SPECIFICATIONS

1. Documents All documents included herein, including but not limited to the Notice to Bidders, Instructions to Bidders, EMA maps, General and Detailed Specifications, Questionnaire, Affidavit of Non-Collusion, Non-Discrimination Affidavit, Consent of Surety, and Bid or Proposal, are made part herein; they shall define the contract obligation of the bidder/contractor. The term "Contractor" shall mean the lowest responsible bidder/contractor to whom the service contract has been awarded and who has executed and delivered such contract to the Township.

2. Obligation of the Bidder/Contractor The bidder/contractor shall, at its own cost and expense, and in strict conformity with these bid documents and specifications, furnish all the material, labor, and equipment for the services at the Easttown Service Locations and as specified and defined in these specifications.

The bidder/contractor shall perform only those services requested by the EMA (Public Works Director/Sewer Chief) at the frequency so indicated by the EMA. The bidder/contractor shall allow the EMA to modify the nature and frequency of service as needed.

The bidder/contractor shall invoice the EMA monthly for actual services performed and shall indicate the nature and frequency of service provided at each location. The bidder/contractor shall only bill the EMA for services actually performed, in accordance with unit prices.

The bidder/contractor shall perform all work under this contract with reasonable care to avoid damage of any kind. The bidder/contractor shall repair any incidental damage expeditiously.

3. Obligations of the EMA The EMA shall provide the bidder/contractor with a list of EMA locations to receive services pursuant to this contract and the frequency at which those services are to be provided.

The EMA shall update this list, including any changes in frequency or services to be provided, as needed. The EMA reserves the right to change the frequency of services or stop service completely for any reason, including but not limited to weather related issues.

The EMA shall conduct periodic reviews of the bidder/contractor's performance and provide written feedback to the bidder/contractor.

The EMA obligates itself on the effective starting date of the contract to pay the successful bidder for the combination of bid options as selected by the EMA, based on invoices received from the bidder/contractor for actual services provided.

The EMA shall pay the bidder/contractor’s monthly invoices based on the actual services provided.

The Director of Public Works or other authorized EMA representatives shall review the bidder/contractor’s invoices and all attachments thereto, and shall make recommendations to the EMA on Payment.

In the event that the bidder/contractor elects to provide services beyond the EMA’s list in accordance with these specifications, the EMA shall have no obligation to pay the bidder/contractor for these additional services.

The EMA shall notify the bidder/contractor of any incidental damages caused by the bidder/contractor, and shall give the bidder/contractor a reasonable date and time specific notice of any repairs required as a result of such damage. The EMA, in its sole and absolute discretion, shall determine the reasonableness of its request. In the event that the bidder/contractor is unable to perform the repairs by the date and time requested by the EMA, the EMA reserves the right to perform the repairs. The cost of these repairs shall be deducted from the bidder/contractor’s subsequent invoice to the EMA.

4. Notices to Contractor The residence or place of business designated in the proposal or bid is hereby designated as the place to which all notices, letters and other communications shall be served, and to which all notices, letters, and other communications shall be mailed or delivered. All notices specifically maintained herein, and all other communications of any kind that may of necessity be hereafter dispatched, shall be sent via the United States Postal Service, First Class Mail.

The Contractor may also provide an email address for correspondence. The use of e-mail to provide any notice required by the Contract Documents does not waive a party’s obligation to provide notice by First Class Mail as required by this section.

5. Services Performed as a Contractor It is understood and agreed that the bidder/contractor, while performing its duties under this contract, will not be acting as an agent or an employee of the EMA, but as a private independent bidder/contractor bound by the terms of a contract. The EMA will not be held liable or responsible for any acts or omissions of the bidder/contractor while the bidder/contractor is performing the work described in the contract.

6. Complaints and Supervision The bidder/contractor shall provide a responsible supervisor who shall be available and may be contacted at a local telephone number during each working day between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday, to receive complaints, assist with any problems, answer inquiries and resolve disputes with respect to services to be supplied pursuant to this contract. The bidder/contractor will further be held responsible for the conduct and deportment of the employees during the performance of their work. Said employees shall not use loud, abusive, profane or lewd language in their dealing with a private or public citizen, nor shall they use loud, abusive, profane or lewd language among themselves during the performance of their work. Further, said employees shall conduct their work as quietly as possible and with a minimum of interference to pedestrian and vehicular passageways throughout the EMA.

The bidder/contractor's employees shall perform their work with reasonable care to avoid damage. The bidder/contractor shall repair any incidental damage expeditiously, as indicated elsewhere in these bid documents and specifications.

6.1. Assignment

It is understood and agreed by the bidder/contractor that, during the performance of its duties under this contract, it will not assign its contractual rights or its duties and obligations arising hereunder to any third person without prior written approval of the EMA. The EMA is under no obligation to grant such an approval.

7. Merger/Bankruptcy/Bulk Sale During the term of the contract, the bidder/contractor covenants, warrants and agrees that it will not file any proceedings in bankruptcy or reorganization under the bankruptcy laws of the United States or under any specific debtor, receivership, composition for creditors, liquidation proceedings or similar proceedings under Pennsylvania law. The bidder/contractor further covenants, warrants, and agrees, during the term of any contract awarded, that it will not merge with any other entity or become a subsidiary of any other corporate or personal interest. The bidder/contractor also warrants that it will not undertake the sale of its assets, stock or equipment during the term of the contract in any fashion that might jeopardize or compromise service or performance.

If, despite the covenants contained herein, said bidder/contractor does file proceedings in bankruptcy or like proceedings in State courts, or by merger or sale become acquired by any other corporation or entity, such actions may constitute a default of contract and the EMA, pursuant to these specifications, shall have the right to terminate the contract and the surety on the Performance Bond may be held responsible by the EMA for the resulting losses.

8. Inspection The Director of Public Works, Sewer Chief or other authorized EMA representatives may observe the processes employed by the bidder/contractor and may require the correction of any improper or deficient performance of the contract through the designated supervisor of the contract.

9. Workers' Compensation Insurance The bidder/contractor during the term of this contract shall carry Workers' Compensation Insurance, insuring and covering any and all persons employed in the performance of this contract, and before starting work on the contract, or before beginning an extension year, shall file a certificate with the EMA from the insurance company certifying the issuance of such company's insurance policy and the payment of the premium thereof.

10. Not Used

11. Insurance The bidder/contractor shall maintain insurance issued by an insurance carrier satisfactory to the EMA to protect the parties hereto from and against any and all claims, demands, actions, judgments, costs, expenses and liabilities of every kind and nature which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage as covered in these Specifications. The EMA shall require that the EMA, its officers, agents, servants and employees, be added as named insured under such insurance policies. Evidence of insurance must be provided to the EMA prior to the beginning of the contract.

Such insurance, in the amounts specified (without deductible), shall be maintained at the bidder/contractor's sole expense as follows:

1. General Public Liability Insurance (non-automotive) - against public liability due to bodily injury or death to persons and damage to property shall be not less than $1,000,000.00 per occurrence but with an aggregate limit of $2,000,000.00.

2. Automotive Liability Insurance - against automobile liability due to bodily injury or death to persons and damage to property shall be not less than $1,000,000.00 per person and $1,000,000.00 per accident.

3. Umbrella Excess Liability coverage in the amount not less than $3,000,000.00.

4. Claims based on statutory constitutional requirements, those claims commonly called civil rights claims.

The aforesaid policies of insurance and others that may be necessary to comply herewith shall be maintained in the amounts set forth above and shall, inter alia, name the EMA as an additional named insured and be designed to protect the EMA from any and all claims for damages of any kind or any nature whatsoever, including but not limited to wrongful death, which may arise from the obligation of the bidder/contractor in the performance of the contract, whether such obligation be controlled by the bidder/contractor himself or by someone either directly or indirectly employed by the bidder/contractor for the purpose of accomplishing some obligation incumbent upon the bidder/contractor by the terms of this contract and shall otherwise indemnify and hold the EMA harmless from any and all manner of claims and lawsuits and shall provide, at the insurer's expense, all necessary legal aid, counsel and representation.

All insurance policies maintained hereunder shall be issued by an insurance carrier licensed and authorized to do business within the Commonwealth of Pennsylvania and having a rating of “A” or better in the Best Key Rating Guide (most recent edition) during the entire term of the Contract. All policies shall be obtained and properly endorsed in favor of the EMA before the execution of the contract hereunder. Said policies shall remain in full force and effect until the expiration of the terms of the contract or until completion of all duties to be performed hereunder by the bidder/contractor, whichever shall occur later. The bidder/contractor shall deposit with the EMA Manager original or notarized copies of policies of insurance herein referred to prior to commencing work under this contract.

Each and every policy of insurance herein mentioned and required pursuant to the terms of the service contract, including the Workers' Compensation policy, shall carry with it an endorsement to the effect that the insurance carrier will convey to the EMA by certified mail, return receipt requested, written notification of any modifications, alteration, or of the cancellation of any such policy or policies or the terms thereof, and said written notice shall be sent to the EMA Manager at least thirty (30) days prior to the effective date of any such modification, alteration or cancellation. If such modifications, alterations, or cancellations shall cause the insurance coverage required hereunder to fail to meet the minimum requirements set forth herein, the bidder/contractor shall be deemed to be in default and the EMA may terminate the contract as the effective date of said change and insurance coverage and the surety on the Performance Bond may be held responsible by the EMA for the resulting losses.

It shall be the responsibility of the bidder/contractor in obtaining the aforesaid insurance coverage to obtain policies which shall protect the EMA from any and all claims, whatsoever their nature, regardless of whether the same are directed toward the recovery of damages for either personal injuries or property damage or any other element of damage which may be incident to and include all direct or indirect employees of the bidder/contractor and shall include policies of liability insurance on all vehicles and equipment utilized or in any way connected with the services to be rendered by the bidder/contractor pursuant to the terms of the contract.

12. Liability and Damages The bidder/contractor shall defend, indemnify and save harmless the EMA against and from any and all liabilities, claims, suits, fines, penalties, damages, losses, fees, costs and expenses (including reasonable attorney's fees) including, but not limited to, those which may be imposed upon, incurred by or asserted against the EMA by reason of (a) any work performed by the bidder/contractor or any of its agents, subcontractors, or employees; (b) any act or omission on the part of the bidder/contractor or any of its agents, subcontractors, or employees for which the EMA may be found liable; (c) any accident, injury (including death) or damage to any person or property occurring upon the roadways or property arising out of the use thereof by the bidder/contractor or any of its agents, subcontractors, or employees; (d) any failure on the part of the bidder/contractor to perform or comply with any of the covenants, agreements, terms or conditions contained in any contract awarded as a result of the submittal of a proposal in response to this specification; (e) payments made under employees' disability and death benefits arising out of any use thereof by the bidder/contractor or any of its agents, subcontractors, or employees; and (f) civil rights and environmental claims arising from or related to bidder/contractor’s services.

This indemnification includes all reasonable attorneys’ fees incurred by the EMA and /or its representatives. In the event that the successful bidder refuses to honor the indemnity provisions hereunder, then the successful bidder shall, in addition to all other obligations, pay the cost of bringing such action to enforce these indemnity obligations, including the attorney’s fees to the party requesting indemnity.

13. Waiver of Subrogation The bidder/contractor hereby waives any and every claim for recovery from the EMA for any and all loss or damage resulting from the performance of this contract, which loss or damage is covered by valid and collectible insurance policies to the extent that such loss or damage is recovered under such insurance policies. Inasmuch as this waiver will preclude the assignment of such claim to the extent of such recovery, by subrogation (or otherwise) to an insurance company (or any other person), the bidder/contractor agrees to give each insurance company which has issued, or may issue in the future, policies of insurance, written notice of terms of this waiver and to have said insurance policies properly endorsed, if necessary, to prevent the invalidation of said insurance coverage by reason of said waiver.

14. Violation, Liquidated Damages and Actual Damages It is understood that the orderly and proper performance of the work under this contract is of vital concern to the EMA because of the effect it has upon the health and welfare of the Township residents. Furthermore, it is anticipated that occasional minor breaches or violations may occur during the course of the performance of the contract. Since many of these minor breaches or violations are incapable of prompt and reasonable calculation, the following stipulated liquidated damages may be invoked on behalf of the EMA by the EMA Manager or authorized representative, whose determination and certification of the same shall be final.

The Director of Public Works or their designee shall notify the bidder/contractor, in writing, of any violation(s) listed below. Upon written notification of such violation(s), the EMA shall deduct said penalties from the monthly payment owed to the bidder/contractor for rendered services.

A. Using or maintaining equipment or vehicles in a leaking or unsanitary condition - $300 per offense;

B. Failure to clean up any materials spilled or draining from equipment - $300 per offense;

C. Failure to comply with the hours of operations as required by this contract - $300 per incident;

D. Failure to remove and properly dispose of debris - $300 per day per location.

In the event that the bidder/contractor shall be in default of the service contract, and such a default or failure shall be uncured for a period of five (5) consecutive scheduled working days, or the bidder/contractor should default on any other terms of this contract, the EMA may, at its option and with at least thirty (30) days’ notice, terminate this contract.

The foregoing option of the EMA upon any default or failure of the bidder/contractor is cumulative to its other legal and equitable rights; therefore, upon any material breach hereunder, the EMA may likewise have the option of notifying the bidder/contractor's surety on its Performance Pond of the bidder/contractor's obligations hereunder or forfeit the penalty amount of said bond, or the EMA may likewise at the same time immediately commence all available legal and equitable remedies against the bidder/contractor and its surety for the immediate and specific performance of this contract and the payment of all damages sustained by reason of said breach.

It is hereby stipulated and agreed that in the event of a labor stoppage; labor strike; lockout;

destruction of or damage to or interruption, suspension or interference with the operation of the bidder/contractor's equipment caused by Acts of God, fires, explosions or other matters beyond the reasonable control of the bidder/contractor; restraints of government, lawful orders of court, administrative agencies or governmental officers; suspension, termination or interruption of governmental licenses or permits; or changes in laws regulations or ordinance or emergency, the bidder/contractor shall not be considered in default or breach of service contract by reasons thereof, provided, however, that the EMA's cost of performing the work specified in the service contract to be done during such period shall be charged to the bidder/contractor as in the case of a default by the bidder/contractor.

The bidder/contractor shall perform all work under this contract with reasonable care to avoid damage of any kind. The bidder/contractor shall repair any incidental damage expeditiously.

The EMA shall notify the bidder/contractor of any incidental damages caused by the bidder/contractor, and shall give the bidder/contractor a reasonable date and time specific notice of any repairs required as a result of such damage. In the event that the bidder/contractor is unable to perform the repairs by the date and time required by the EMA, the EMA reserves the right to perform the repairs and to deduct the cost of these repairs from the bidder/contractor’s subsequent invoice to the EMA.

15. Schedule of Payments The bidder/contractor shall invoice the EMA monthly and will indicate the nature and frequency of service provided at each location. The value of the contract between the bidder/contractor and the EMA will be the total cost based on the combination of bid options as selected by the EMA and the services actually provided by the bidder/contractor. The EMA will not be responsible for any differences between projected revenue and actual revenue since the nature and frequency of service will be subject to fluctuation.

16. Prior Inspection by Contractor Not Applicable.

17. Questionnaire Each bidder/contractor, or subcontractor, shall answer the questions propounded in the online bid form, and the Board of Supervisors reserves the right to reject proposals for failure to answer the questions satisfactorily. The Board of Supervisors has absolute discretion in this matter.

18. Special Conditions and Contractor Availability The bidder/contractor recognizes that the EMA may request the bidder/contractor to perform additional work during the course of the contract. If requested by the EMA, the bidder/contractor agrees to use good faith to provide reasonable prices to perform additional work at a rate which is substantially consistent with the unit prices established on Bid Forms, provided the additional work is similar in nature to the work identified on said Bid Forms.

The bidder/contractor agrees to provide contact information and to be available to respond to calls after normal working hours in the event of an emergency. Should the EMA require work to be performed by the bidder/contractor outside of normal working hours as specified herein, the bidder/contractor shall bill the EMA at the rate established on the Bid Forms.

19. Termination A. Termination for Cause If the successful bidder fails to begin work under the Contract within the prescribed time, or if the work to be done under this Contract be abandoned by the successful bidder, or the performance of the Contract is unnecessarily, unreasonably, or negligently delayed by the successful bidder; or, if the successful bidder is violating any of the conditions or covenants of this Contract, or the Specifications, or is not executing the work in good faith, or, if the work be not completed within the time named in this Contract, or within the extended time as herein elsewhere provided; or, if the successful bidder shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, the EMA may give notice in writing to the successful bidder and his surety of such delay, neglect or default, specifying the same;

and if the successful bidder and his surety shall not proceed to cure such defects within a period of fifteen (15) days after such notice, then the EMA shall have full power and authority to:

1. Declare the successful bidder in default, and the EMA may thereupon notify the successful bidder, by written notice to discontinue all work or any part thereof under this Contract and thereupon the successful bidder shall discontinue the work or such part thereof, and the EMA shall have the right to take over the work and prosecute the same to completion by the successful bidder for the account and at the expense of the Contract and the successful bidder and his surety shall be liable to the EMA for any excess cost occasioned to the EMA thereby, and in such event the EMA may take possession of and utilize in completing the work, such materials, labor, appliances, and plant as may be on the site of the work and necessary therefore. The expenses so charged may be deducted, and paid by the EMA out of such monies as may be due or may at any time thereafter grow due to the successful bidder under and by virtue of this contract. The successful bidder and the surety shall also pay the EMA the amount of any claim for which the EMA may be liable for injury to persons or property occurring on the account of any work done by the successful bidder under this Contract, whether by reason of the negligence, fault, or default of the successful bidder or otherwise, and shall also pay to EMA any other expenses which the EMA may incur or be liable for, by reason of any neglect, fault or default of the successful bidder; and security in its possession; and

2. The EMA may also proceed as it shall deem proper upon the bonds or other security in its possession; and

3. The EMA may also bring any suit or proceedings for specific performance or for injunction or to recover damage or to obtain any other relief or for any other purpose under this Contract.

20. Dispute Resolution – Forum Selection The Contractor agrees that the Court of Common Pleas of Chester County, Pennsylvania shall be the sole forum for the initiation and resolution of any legal actions or proceedings in any way related to the obligations imposed by the Contract Documents regardless of whether the legal proceedings arise from or are based in law, equity, tort, contract or statute.

PART III: DETAILED SPECIFICATIONS

(See Attachments)

BIDDER'S AFFIDAVIT

COMMONWEALTH OF PENNSYLVANIA:

: SS

COUNTY OF CHESTER:

______________________________ , being first duly sworn, deposes and says (Name) that he/she resides at, _____________________________________________ (Address) that he/she is the ___________________ of ___________________________ (Title) (Company Name) who signed the above Proposal or Bid, that he/she was duly authorized to sign on their behalf, and that the Bid is the true offer of the bidder/contractor, that the seal attached is the seal of the bidder/contractor and that all the declarations and statements contained in the bid are true to the best of his/her knowledge and belief.

(Corporate Seal) (Signature)

Sworn to and subscribed before me this ___________________________________ (Notary Public In and For County) day of ___________ , 20 _______

My Commission Expires: _________________________

AFFIDAVIT OF NON-COLLUSION

COMMONWEALTH OF PENNSYLVANIA:

: SS

COUNTY OF CHESTER:

______________________________________ , being first duly sworn, deposes (Name) and says that he/she is the ___________________ of _____________________ (Title) (Company Name) the party making the foregoing proposal or bid, that such bid is genuine and not collusive or a sham, that said bidder/contractor has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid, or that such other person shall refrain from bidding and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference with any person, to fix the bid price of affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder/contractor, or to secure any advantage against Easttown Municipal Authority or any person interested in the proposed contract; and that all statements contained in said proposal or bid are true; and, further, that such bidder/contractor has not, directly or indirectly, submitted this bid, or the contents hereof, or divulged information or date relative thereto to any association or to any member of agent thereof.

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

My Commission Expires: _________________________

BID BOND

There is enclosed herewith a bid bond or certified check, drawn to the order of Easttown Municipal Authority, in the amount of ten (10%) percent of the bid proposal amount for the Initial Term; and duly executed consent of surety from an approved surety company licensed to conduct business in the Commonwealth of Pennsylvania agreeing to furnish Easttown Municipal Authority the required performance and completion bond upon award of the contract.

It is understood that the bid bond and/or certified check is submitted and shall be subject to the terms and conditions stipulated herein.

The undersigned bidder/contractor, submitting this proposal, certifies that this bid is genuine; that it is in no respect collusive; that it is not a sham, directly or indirectly, with any person or bidder/contractor, to submit a sham bid, or that other persons shall refrain from bidding; and has not in any manner, either directly or indirectly sought by agreement or collusion, communication or conference, with any person, to fix the bid price of said bidder/contractor or any other bidder/contractor, or to fix any overhead, profit or cost element of said bid price, or of that or any other bidder/contractor; or to secure any advantage over Easttown Municipal Authority or any person interested in the proposed contract; and further, that such bid, or the contents herein; or divulged information or data relative thereto to any association or to any member agent thereof;

and that no EMA official or employee of said EMA is interested, either directly or indirectly, in the bid or any portion of the bid, nor in the contract or any part of the contract which may be awarded to the undersigned on the basis of such bid.

Bidder:

Date:

By:

Title:

(SEAL)* Address:

*Note:

If the bidder/contractor is a corporation, a corporate seal must be affixed and attached hereto; and there shall be a certified copy of a resolution of the Corporate Board of Directors indicating that the officer signing the above proposal and bid has the authority to make said proposal and bid and submit it for the Corporation.

NON-DISCRIMINATION AFFIDAVIT

I, __________________________________ , being duly sworn, depose and say that I reside at (Name)

, and that I am the _______________________ of (Address) (Title)

_____________________ . In such capacity and or and on behalf of ________ (Company) (Company) it is hereby affirmed and agreed as follows:

1. ______________________ will not discriminate against an employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status or sex.

2. _________________________ will take affirmative action to insure that all applicants are recruited and employed and that employees are treated during employment without regard to their age, race, creed, color, national origin, ancestry, marital status, or sex. Such action shall include, but shall not be limited to the following employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeship.

3. will in all solicitations or advertisements for employees placed by or on behalf of________________________ state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, or sex.

(Signature)

Sworn and subscribed (Name of Company) to before me this _________ day of _________________ , 20 .

(Notary Public in and for County) My Commission Expires:

QUALIFICATION QUESTIONNAIRE

In Accordance with the Bid Documents and Specifications, Each Bidder/Contractor Shall Provide the Following Information:

Failure to answer all questions may render such bid as unqualified. Unless otherwise noted, all information requested pertains to bidder/contractor's company. Additional information may be placed on a separate sheet.

1. How many years experience has your organization (bidder/contractor and/or bidder/contractor's…