3-Project Manual PTSA 2026 Sludge Hauling October 2026.pdf

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CONTRACT DOCUMENTS

FOR

PARADISE TOWNSHIP SEWER AUTHORITY

LIQUID SLUDGE HAULING & DISPOSAL

IN

LANCASTER COUNTY

PENNSYLVANIA

OCTOBER 2026

CONTRACT NO. 2026-01

Project No. 0157407647

Prepared by:

RETTEW Associates, Inc.

3020 Columbia Avenue

Lancaster, PA 17603

(800) 738-8395

TABLE OF CONTENTS 000110-01

Contract No. 2026-01

LIQUID SLUDGE HAULING & DISPOSAL

CONTRACT NO. 2026-01

TABLE OF CONTENTS

SECTION 001116 – INVITATION TO BID ................................................................................ 001116-01

SECTION 002113 – INSTRUCTIONS TO BIDDERS................................................................. 002113-06

SECTION 004110 – BID FORM................................................................................................... 004110-05

SECTION 004500 – NON-COLLUSION AFFIDAVIT ............................................................... 004500-02

SECTION 005200 – AGREEMENT ............................................................................................. 005200-04

SECTION 006113 – PERFORMANCE BOND ............................................................................ 006113-03

SECTION 006115 – PAYMENT BOND ...................................................................................... 006115-03

SECTION 006126 – BID BOND .................................................................................................. 006126-03

SECTION 007000 – GENERAL SPECIFICATIONS .................................................................. 007000-01

SECTION 010000 – SCOPE OF WORK ...................................................................................... 010000-01

SECTION 023000 – TECHNICAL SPECIFICATIONS .............................................................. 023000-03

EXHIBITS

EXHIBIT A – LOCATION MAP – WASTEWATER TREATMENT PLANT

EXHIBIT B – PULLOFF AREA & CONNECTION POINT FOR SLUDGE HAULING

Paradise Township Sewer Authority October 2026 Liquid Sludge Hauling & Disposal

INVITATION TO BID 001116 - 1

INVITATION TO BID

OWNER: Paradise Township Sewer Authority

2 Township Drive PO Box 40 Paradise, PA 17562

The Paradise Township Sewer Authority will receive sealed bids online for Liquid Sludge Hauling & Disposal. Bids may be submitted and updated online until 10:00 AM on November 12, 2026. All documents and solicitation details are available any time at https://pennbid.bonfirehub.com.

A certified check or bid bond for the amount of 10% of the total bid shall be required. Bonds are to be issued by a surety licensed to do business in the Commonwealth of Pennsylvania.

Interested bidders need to register at the PennBID website. Once registered, bidders can obtain all project documents and submit and update their bids online.

Bids shall remain open for a period of 60 days from the date of Bid opening. Bids may not be withdrawn during this period. See Instructions to Bidders for other provisions on the time available for acceptance of Bids. The successful Bidder shall be required to furnish performance and payment bonds in the amount of 100% of the Contract Price.

The Paradise Township Sewer Authority reserves the right to accept or reject any or all Bids.

Bryan Stoltzfus Chairman

INSTRUCTIONS TO BIDDERS 002113-1

INSTRUCTIONS TO BIDDERS

I-1 DEFINED TERMS

Terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

I.1.1 "Bidder" - one who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a Bidder. Bidder must complete a minimum of fifty (50) percent of the work on a Project with its own forces.

I.1.2 "Successful Bidder" - the lowest, qualified, responsible and responsive Bidder to whom OWNER, on the basis of OWNER'S evaluation as hereinafter provided, makes an award.

I.1.3 “Contract Documents: - includes the Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Forms, Specifications, including all Addenda issued prior to receipt of Bids.

I.1.4 "Issuing Office" - the office from which the Contract Documents are to be issued and where the bidding procedures are to be administered.

I-2 COPIES OF CONTRACT DOCUMENTS

I.2.1 Interested bidders need to register at the PennBID website. Once registered, bidders can obtain all project documents and submit and update their bids online.

I.2.2 Complete sets of Contract Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

I.2.3 OWNER and ENGINEER in making copies of Contract Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

I-3 QUALIFICATIONS OF BIDDERS

I.3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five days after Bid opening upon OWNER'S request, all that information as OWNER requires in determining the successful Bidder. Consideration will be given to, but will not be limited to, the following conditions.

Whether the Bidder:

I.3.1.a Maintains a permanent place of business;

I.3.1.b Has adequate equipment to do the Work properly and expeditiously;

I.3.1.c Has suitable financial status to meet obligations incident to the Work;

I.3.1.d Has had experience on Projects of similar character and magnitude;

I.3.1.e Has qualification to do business in the state where the Project is located;

I.3.1.f The amount of other work to which the Bidder is committed may also be considered.

I.3.2 The ENGINEER may require the Bidder to furnish written evidence of the foregoing.

INSTRUCTIONS TO BIDDERS 002113-2

I.3.3 No Bid will be accepted from anyone who is in arrears to the OWNER upon debt or contract, or who is a defaulter on surety or otherwise upon any obligations, or whose work heretofore has been unsatisfactory or dilatory.

I-4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

I.4.1 It is the responsibility of each Bidder before submitting a Bid:

I.4.1.a To examine thoroughly the Contract Documents and other related data identified in the Document (including "technical data" referred to below);

I.4.1.b To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

I.4.1.c To consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work;

I.4.1.d To study and carefully correlate Bidder's knowledge and observations with the Contract Documents, and such other related data; and

I.4.1.e To promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents, and other such related documents; and

I.4.1.f To attend any pre-bid conference as noted or required in the Invitation to Bid.

I.4.2 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03 and 4.04 of the General Conditions.

I.4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional or supplementary examinations, investigations, explorations, tests and studies which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

I.4.6 On advance request, OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies.

I.4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures as may be indicated in or required by the Contract Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by the ENGINEER is acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work.

I.4.9 The provisions of Paragraphs I-4.1 through 4.8 inclusive, do not apply to asbestos, polychlorinated biphenyls (PCBs), petroleum, hazardous waste or radioactive material.

INSTRUCTIONS TO BIDDERS 002113-3

I-5 AVAILABILITY OF LANDS FOR WORKS, ETC.

I.5.1 The lands upon which Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. See Exhibits A and B for the location of the wastewater treatment plant, the pull-off area and the connection point for sludge hauling.

I-6 INTERPRETATIONS AND ADDENDA

I.6.1 All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER through the PennBID website and interface. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued through the PennBID website to all parties recorded by ENGINEER as having received the Contract Documents. Questions received less than 7-days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

I.6.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by OWNER or ENGINEER.

I.6.3 Bidders are responsible for determining that they have received all Addenda issued.

I-7 BID SECURITY

I.7.1 Each Bid must be accompanied by Bid Security made payable to OWNER in an amount of 10 percent of the Bidder's maximum Bid price, unless otherwise modified in the Invitation to Bid, and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions.

I.7.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within 15 calendar days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by the OWNER until the earlier of the seventh day after the effective date of Agreement or the sixtieth day after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven calendar days after the Bid opening. Bid securities that are forfeited will be paid to the OWNER as liquidated damages.

I-8 CONTRACT TIME

I.8.1 The term of the Contract shall be one (1) year from Notice to Proceed.

I-9 LIQUIDATED DAMAGES

I.9.1 Provisions for liquidated damages, if any, are set forth in the Agreement.

I-10 SUBCONTRACTORS, SUPPLIERS AND OTHERS

I.10.1 Qualifications of Subcontractors, Suppliers and others, if any, shall be provided to the OWNER prior to their use.

I-11 BID FORM

I.11.1 The Bid Form is available via PennBid.

INSTRUCTIONS TO BIDDERS 002113-4

I-12 SUBMISSION OF BIDS

I.12.1 Sealed Bids shall be submitted online via the PennBid. Program (https://pennbid.bonfirehub.com) no later than the time and date indicated in the Invitation to Bid.

I.12.2 Items that must be submitted on the PennBID website to constitute a complete bid are listed on the Bid Form. Upon request, original copies of documents shall be submitted to Engineer within two (2) business days.

I.12.3 OWNER may consider informal any Bid not prepared and submitted in accordance with the provisions hereof.

I.12.4 Bidders are cautioned that it is the responsibility of each individual bidder to assure that their bid is properly submitted prior to the stated time and at the place of the Bid Opening.

OWNER is not responsible for bids delays of any nature.

I.12.5 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced.

I-13 MODIFICATION AND WITHDRAWAL OF BIDS

I.13.1 Bids may be modified or withdrawn at any time prior to the opening of Bids.

I.13.2 OWNER will not consider, for any reason, any claim by the Bidder of any mistakes or omission in the Bid. Negligence of the Bidder in preparing the Bid shall not confer, or be deemed to confer, any right of the Bidder to withdraw such Bid after the time has passed, as fixed in the Invitation to Bid, for receiving Bids, except as permitted by law.

I.13.3 Any Bid received after the time and date specified shall not be considered.

I-14 OPENING OF BIDS

I.14.1 Bids will be opened and tabulated through the PennBID website and interface.

I-15 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

I.15.1 Bids shall remain open for a period of 60 days from the date of Bid opening unless award is delayed by a required approval from a governmental agency, the sale of bonds, or the award of a grant or grants, in which event the Bids shall remain open for a period of 120 days from the date of Bid opening. The OWNER will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the Bidders. Thirty-day extensions of the date for the award may be made by the mutual written consent of the OWNER and the apparent Successful Bidder.

I-16 AWARD OF CONTRACT

I.16.1 OWNER reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate Contract terms with the Successful Bidder.

I.16.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

INSTRUCTIONS TO BIDDERS 002113-5

I.16.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantee of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice to Award.

I.16.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of the Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER’s satisfaction within the prescribed time.

I.16.5 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project.

I.16.6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within 60 calendar days or as otherwise stipulated in the Invitation to Bid, after the day of the Bid opening.

I-17 CONTRACT SECURITY

I.17.1 Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth OWNER'S requirements as to Performance, Payment and other Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required Performance and Payment Bonds as applicable.

I-18 SIGNING OF AGREEMENT

I.18.1 When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days of the Notice to Proceed thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and the attached documents to OWNER with the required Bonds. Thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR.

I-19 SALES AND USE TAX

I.19.1 OWNER may be exempt from certain sales or use taxes. CONTRACTOR shall verify the status of OWNER, and OWNER will supply CONTRACTOR with certain exemption certificates upon request and OWNER will execute exemption certificates presented by CONTRACTOR upon request.

I-20 RETAINAGE

I.20.1 Retainage will not be held on invoices for this project.

I-21 NON-COLLUSION

I.21.1 All Bidders are required to complete a Non-Collusion Affidavit. This affidavit may be required on all projects involving public funding as provided in Section 7 of the Pennsylvania Anti-Bid-Rigging Act. The Non-Collusion Affidavit must be submitted with the Bid.

INSTRUCTIONS TO BIDDERS 002113-6

I-22 SAFETY AND HEALTH REGULATIONS

I.22.1 This Project is subject to the safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974 and CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as Applicable to Construction.

I.22.2 The Successful Bidder shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54)..

I-23 ACCESS TO WORK

I.23.1 Representatives of the OWNER, State, and any local agencies having a direct interest in the Work shall have access to the Work wherever it is in preparation or progress and the CONTRACTOR shall provide proper facilities for such access and inspection.

I-24 WAGE RATES

I.24.1 Minimum wage rates as determined by the Commonwealth of Pennsylvania, Department of Labor and Industry, Prevailing Wage Division, shall not apply to this Project.

I-25 OWNER MAY TERMINATE FOR CAUSE

I.25.1 The occurrence of any one or more of the following events will justify termination for cause:

1. Contactor’s persistent failure to perform the Work in accordance with the Contract Documents, including failure to respond promptly to OWNER or OWNER’s Representative to haul sludge from the wastewater treatment plant and failure to keep site clean during sludge pumping;

2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction, including disposal of sludge at sites not permitted or certified by the PADEP; or

3. Contractor’s violation in any substantial way of any provisions of the Contract Documents.

END OF SECTION

BID FORM 004110 - 1

BID FORM

Project Identification: Liquid Sludge Hauling & Disposal

RETTEW Project No.: 0157407647

Name of Bidder:

This Bid is submitted to: Paradise Township Sewer Authority 2 Township Drive, PO Box 40

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security.

This Bid will remain subject to acceptance for 60 days after the day of Bid opening unless award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant or grants, in which case this Bid shall remain subject to acceptance for 120 days after the bid opening date as provided by the Act of November 26, 1978 (P.L.

1309, No. 317), as amended by the Act of December 12, 1994 (P.L. 1042, No. 142). Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER'S Notice of Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

a. Bidder has examined and carefully studied the Contract Documents and the following Addenda receipt of all which is hereby acknowledged:

b. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work.

c. Bidder is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work.

d. If applicable, Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities).

e. Bidder is aware of the general nature of the Work to be performed by OWNER and others at the site that relates to work for which this Bid is submitted as indicated in the Contract Documents.

BID FORM 004110 - 2

f. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

g. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

h. This Bid is genuine and not made in the interest of or on the behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. Bidder is aware that they must complete a minimum of fifty (50) percent of the work on the project with its own forces.

4. Bidder, pursuant to and in compliance with the Advertisement for Bids and having carefully examined the Bid Documents comprising Instructions to Bidders, Bid Forms, and General and Technical Specifications and all other documents bound therewith, together with all Addenda thereto, and being familiar with the Township’s Wastewater Treatment Plant and all conditions and matters affecting the work, hereby offers to provide services consisting of the timely hauling and ultimate disposal of thickened waste activated sludge from the Township’s Wastewater Treatment Facility located at 33 Singer Avenue, Paradise, PA 17562 as required by and in strict compliance with the applicable provisions of the general and technical specifications and of all Addenda issued by the Township for the following bid price:

Item No. Description Approx Quantity

Pay Unit Unit Price

Extended Amount

01 WWTP Liquid Sludge Hauling & Disposal

2,160,000 Gallons $ $

02 Main and Keim PS Pumping and Cleaning

8 Each $ $

03 Wastewater Treatment Plant Tank Cleaning

50,000 Gallons $ $

Total: $

WWTP Sludge Hauling:

List Primary Disposal Site: ____________________________________ List Secondary Disposal Site: __________________________________

BID FORM 004110 - 3

Main and Keim PS Hauling:

List Primary Disposal Site: ____________________________________ List Secondary Disposal Site: __________________________________

Note: The approximate quantity listed above is to provide a basis for establishing a total amount Bid and the amount of Bid and Performance Bonds.

5. Bidder agrees that the Work associated with this contract will be executed for one (1) year from the Notice to Proceed.

a. The required Bid Security and Non-Collusion Affidavit are to be provided with bid, either electronic or paper copy.

6. Communications concerning this Bid shall be addressed to the address of Bidder indicated below or the following address:

BID FORM 004110 - 4

SUBMITTED on .

If Bidder is:

An Individual

By: (SEAL)

(INDIVIDUAL’S NAME)

doing business as Business Address:

Phone No.:

A Partnership

By: (SEAL)

(FIRM’S NAME)

(GENERAL PARTNER)

Business Address:

Phone No.:

A Corporation

By: (SEAL)

(CORPORATION’S NAME)

(STATE OF INCORPORATION)

By: (SEAL)

(NAME OF PERSON AUTHORIZED TO SIGN)

(TITLE)

(Corporate Seal)

Attest:

(SECRETARY)

Business Address:

Phone No.:

BID FORM 004110 - 5

A Joint Venture

By: (SEAL)

(NAME)

(ADDRESS)

By: (SEAL)

(NAME)

(ADDRESS)

Phone Number and Address for Receipt of Official Communications.

(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.)

NON-COLLUSION AFFIDAVIT 004500-1

NON-COLLUSION AFFIDAVIT

State of :

: SS

County of :

I state that I am of , and that I am authorized to make (Title) (Name of My Firm) 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:

1. The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

2. Neither the price(s) nor the amount of this Bid, and neither the approximate price(s) nor approximate amount 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.

3. 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 a bid higher than this Bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. 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.

5. , its affiliates, subsidiaries, officers, directors and employees are not (Name of My Firm) currently under investigation by any governmental agency and have not in the last 3 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 understands and acknowledges that the above representations

(Name of My Firm) are material and important, and will be relied on by in awarding the (Name of Public Entity) contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement of this affidavit is and shall be treated as fraudulent concealment from of the true facts relating to submission of bids for this contract.

(Name of Public Entity)

(Name and Company Position)

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 .

Notary Public My Commission Expires: ________________________

* Involvement in this activity does not prohibit the from accepting this bid or (Name of Public Entity) awarding a contract; but this may be a ground for determining whether the should (Name of Public Entity) decide to award a contract based on a lack of responsibility.

NON-COLLUSION AFFIDAVIT 004500-2

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

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

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

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

3. Bid rigging and other efforts to restrain competition, and making of false sworn statements in connection with the submission of Bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure themselves 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 will result in disqualification of the Bid.

AGREEMENT 005200-1

AGREEMENT

This Agreement is dated as of the day of in the year by and between Paradise Township Sewer Authority (hereinafter called OWNER) and (hereinafter called

CONTRACTOR).

OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

CONTRACTOR shall perform the work and services as specified and described in the general and technical specifications generally described as the hauling and ultimate disposal of thickened waste activated sludge from the Township Wastewater Treatment Facility located at 33 Singer Avenue, Paradise, PA 17562 and pumping and cleaning of the Main and Keim Pump Stations. The quantity of such sludge to be hauled and disposed of will be as specified by the Owner and may consist of all or a portion of such sludge produced at such facility during the contract period.

Article 2. ENGINEER

The project has been established by RETTEW Associates, Inc., 3020 Columbia Avenue, Lancaster, PA 17603, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIME

3.1 This Contract shall commence upon issuance of the Notice to Proceed and shall continue for one

(1) year. The Authority, at its sole discretion, may extend the Contract annually for up to three (3) years.

Article 4. CONTRACT RATE

4.1 OWNER shall pay CONTRACTOR for the performance of the Work as described in Article I herein above at the rate of $ ______________________ per gallon of liquid sludge hauled and disposed of.

If the Contract is extended beyond the initial one (1) year, the price for each additional year will be increased based on the comparative Consumer Price Index (CPI) for All Items Less Food and Energy for Philadelphia- Camden-Wilmington, PA-NJ-DE-MD between the date one (1) year after Notice to Proceed and the date at the beginning of each extension year.

For example, if the Notice to Proceed is in December 2026, the original Contract will run from December 2026 to November 2027. If the Authority decides to extend the Contract for December 2027 through November 2028, the original price will be adjusted based on the comparison in the CPI between December 2026 and December 2027. If the Contract is extended again for December 2028 through November 2029, the original price will be adjusted based on the comparison in the CPI between December 2026 and December 2028. Since the CPI is issued only in even months, if the start date is in an odd month, the CPI value for the following even month will be used. The CPI data to be used is located at the following website:

Bureau of Labor Statistics Data (bls.gov).

List Primary Disposal Site (Sludge Hauling):

AGREEMENT 005200-2

List Secondary Disposal Site (Sludge Hauling):

List Primary Disposal Site (Pump Station Pumping & Cleaning):

List Secondary Disposal Site (Pump Station Pumping & Cleaning):

Article 5. PAYMENT PROCEDURES

CONTRACTOR shall submit an invoice monthly or quarterly for the amount of sludge hauled and pump stations cleaned, and the rates bid.

Article 6. INTEREST

All money not paid within 45 days of receipt shall bear interest at the maximum rate allowed by law at the place of the project.

Article 7. CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Paragraph 8) and the other related data identified in the Bidding Documents including "technical data."

7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work.

7.4 CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the contract price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents.

7.5 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site and reports identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

7.8 CONTRACTOR agrees that any procedures set forth in this Agreement for adjustment of contract time, contract price or any payments due CONTRACTOR, including any limitations on the types and amounts of damages, costs or expenses which may be recovered are exclusive. CONTRACTOR agrees that it expressly waives any claim or cause of action against RETTEW Associates, Inc. and its subconsultants to recover any costs or expenses incurred, or damages sustained, in connection with the

AGREEMENT 005200-3

Project under any theory of law including negligence and negligent misrepresentation, except to the extent that damages resulted from personal injury or property damage. CONTRACTOR’S exclusive remedy for the recovery of any such costs, expenses or damages is as provided under this Agreement, even if this Agreement provides for waiver of recovery of such costs, expenses or damages. ENGINEER is an intended third-party beneficiary of this provision.

Article 8. CONTRACT DOCUMENTS

The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the following:

8.1 This Agreement (pages 005200-1 to 005200-5, inclusive).

8.2 Performance, Payment and other bonds.

8.4 Notice of Award.

8.5 General and Technical Specifications consisting of the divisions and specifications as listed in

Table of Contents thereof.

8.6 Addenda numbers to , inclusive.

8.7 CONTRACTOR'S Bid (pages 004110-1 through 004110-5, inclusive).

8.8 Documentation submitted by CONTRACTOR prior to Notice of Award (in whole marked as Exhibit

8.9 The following which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents.

8.10 The documents listed in Paragraphs 8.2 et. seq. above are attached to this Agreement (except as expressly noted otherwise above).

There are no Contract Documents other than those listed above in this Article 8.

Article 9. MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the Engineers Joint Contract Documents Committee’s (EJCDC’s) Standard General Conditions of the Construction Contract (which are included by reference) will have the meanings indicated in the General Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

AGREEMENT 005200-4

9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed or replace such stricken provision or part thereof with a valid and forcible provision that comes as close as possible to expressing the intention of the stricken provision.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement will be effective on .

OWNER: PARADISE TOWNSHIP SEWER

AUTHORITY

CONTRACTOR:

By: By:

(CORPORATE SEAL) (CORPORATE SEAL)

Attest: Attest:

Address for giving notices Address for giving notices

Paradise Township Sewer Authority

2 Township Drive, PO Box 40

(If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.

License No.:

Agent for service of process:

(If CONTRACTOR is a corporation, attach evidence of authority to sign.

EJCDC C-610 – Performance Bond

Published December 2010 by the Engineers Joint Contract Documents Committee.

PERFORMANCE BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

2 Township Drive

P.O. Box 40 Paradise, PA 17562

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Signature Signature

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party shall be considered plural where applicable.

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

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

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

3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend.

Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates the

Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the Contract

Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. 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:

5.1 Arrange for the Contractor, with the consent of the

Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction

Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified

contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for

completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for which

it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the

Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 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 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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, successors, and assigns.

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

11. 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 a declaration of 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 periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

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

14. Definitions

14.1 Balance of the Contract Price: The total amount payable

by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for 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 Construction Contract.

14.2 Construction Contract: The agreement between the

Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not been

remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents that comprise

the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:

EJCDC C-615, Payment Bond

PAYMENT BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

2 Township Drive

P.O. Box 40 Paradise, PA 17562

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Description (name and location):

BOND

Bond…