CONTRACT DOCUMENTS & SPECIFICATIONS

FOR

CONTRACT NO. 50-85A

LITTLE FLOWER PARK WATER LINE

INSTALLATION

CDBG PROJECT #50-85A

March 3, 2026

Prepared for:

The County of Delaware Department of Public Works

Government Center Building 201 West Front Street

Media, PA 19063

Prepared by:

MG ENGINEERING ASSOCIATES, LLC

334 W. FRONT STREET

MEDIA, PA 19063

Delaware County Council:

Richard R. Womack, Chair Christine A. Reuther, Vice Chair

Dr. Monica Taylor Elaine Paul Schaefer

Joanne Philips

LITTLE FLOWER PARK LINE INSTALLATION, CDBG #50-85A

OCTOBER 2025

Prepared by the County of Delaware Department of Public Works

Project Manual Table of Contents Front End

Section A Invitation for Bids Section B Instructions to Bidders Section C Proposal Form Section D Insurance Requirements Section E Bid Guarantee Section F Consent/Agreement of Surety Section G Non-Collusion Affidavit Section H Ordinance of Financials Section I Public Works Diversity Goals Resolution Section J Omitted Section K Contractor Qualification Statement, AIA Form A305-2020 Section L Form of Contract Section M Bonds

Labor & Materials Bond Maintenance Bond Performance Bond

Section N Waiver of Liens Section O Statement of Surety Section P General Conditions Section Q Special Conditions Section R Standard Specifications Section S Special Provisions Section T Non-Discrimination/Sexual Harassment Clause

Appendix A1 Application and Certificate of Payment, AIA Document G702/CMa Appendix A2 Continuation Sheet, AIA Document G703 Appendix A3 Change Order, AIA Document G701/CMa Appendix A4 Certificate of Substantial Completion, AIA Document G704/CMa Appendix A5 Contractor’s Affidavit of Release of Leans, AIA Document G706A Appendix A6 Consent of Surety to Final Payment, AIA Document G707 Appendix A7 Contractor’s Qualification Statement, AIA Document A305 Appendix B1 Pennsylvania Prevailing Rate Determination Appendix B2 Bidder Checklist Appendix O Political Contribution Disclosure Form

Section A Invitation for Bids

A-1

Advertisement

Sealed bids will be received through PennBid™ by Delaware County for The LITTLE FLOWER PARK WATER LINE INSTALLATION, CDBG PROJECT#50-85A, until 10:00 AM, prevailing time, on April 8, 2026.

All documents and solicitations details are available online anytime at no cost at PennBid™ (https://pennbid.procureware.com). Note, PennBIDTM assesses a fee to the bidder who is issued the award. Click on the “Solicitations” and “View” tabs.

A Non-Mandatory Pre-Bid Conference is scheduled on March 20, 2026 at 10:00 AM Prevailing Time. The pre-bid conference will occur at Little Flower Park, 1201 Springfield Road, Darby, PA 19013 at 10:00 AM, prevailing time.

Each bid must be accompanied by a certified check or bid bond payable to the Owner in an amount of not less than ten percent (10%) of the bid or bids. Only bonds from companies licensed to do business in the State where the Owner is located will be accepted and the bond shall so state same.

The Bidder's attention is called to the fact that this project is assisted with federal funds, and various federal requirements apply as noted in the bid documents, including but not limited to equal opportunity provisions and Davis-Bacon and Related Acts. Davis-Bacon Provisions are applicable for all contracts over $2,000 in HUD funds.

The Section 3 Final rule threshold requirements apply for contracts over $200,000 in HUD Funds. Additionally, this project is subject to BABA project requirements which establish guidelines for using American-made materials in federally funded projects.

This project involves installation of a new 2” water service and a hose bid at Little Flower Park.

Bids must be submitted unconditionally. No bidder may withdraw bid within SIXTY (60) days after the scheduled closing time for receipt of bids.

The Owner reserves the right to waive any informalities, or to reject any or all bids.

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CONTRACT 50-85A

Invitations for Bids for Little Flower Park Water Line Installation

CDBG Project #50-85A

The undersigned Delaware County Council will receive sealed bids electronically through PennBidTM until 11:00 AM, prevailing time, on April 8, 2026, for the

Little Flower Park Water Line Installation, CDBG Project# 50-85A.

Failure to accompany this bid with an appropriate bid security noted above will automatically disqualify the bidder.

The contractor shall list related experience with appropriate references and complete the attached AIA Document A305 and submit with bid. In addition, the bidder shall submit with his bid a written statement describing his Apprentice Training Program and Affirmative Action Program. In accordance with the County of Delaware Ordinance No 2022-7.

All documents and solicitation details are available and open to public inspection at PennBidTM (https://pennbid.procureware.com). Click on the “Solicitations” and “View” tabs. The bidder who is awarded the contract will be required to pay a fee to PennBidTM. The names of those who have secured plans/specifications may be obtained at PennBidTM.

This project involves installation of a new 2” water service and a hose bid at Little Flower Park.

The Bidder's attention is called to the fact that this project is assisted with federal funds, and various federal requirements apply as noted in the bid documents, including but not limited to equal opportunity provisions and Davis-Bacon and Related Acts. Davis-Bacon Provisions are applicable for all contracts over $2,000 in HUD funds. The Section 3 Final rule threshold requirements apply for contracts over $200,000 in HUD Funds. Additionally, this project is subject to BABA project requirements which establish guidelines for using American-made materials in federally funded projects.

Questions may be asked through the PennBID system. The final date to submit questions is 2:00pm on April 1, 2026.

If you are a person with a disability and wish to attend the bid opening, and require an auxiliary aid, service or accommodation to observe or participate in the bid opening proceedings, please contact Delaware County Department of Public Works to discuss how your needs can best be accommodated.

A-3

The Delaware County Council reserves the right to reject any and all bids or parts thereof and to determine whether the quality and type of equipment and/or service to be furnished meet the requirements for which it is intended. They further reserve the right to insist or waive any technicalities required for the best interest of the County and to consider competency and responsibility of the bidder before the award of the Contract and award bids accordingly.

Delaware County Council:

Richard R. Womack, Chair

Christine A. Reuther, Vice Chair Dr. Monica Taylor

Elaine Paul Schaefer Joanne Phillips

Delaware County Council

Little Flower Park Water Line Installation

Name and Address of Bidder

Phone Number

Terms (if offered, list here):

Section B Instructions to Bidders

B-1

INSTRUCTIONS TO BIDDERS

1. PROJECT SCOPE

The complete description of the work required to complete this project is contained in the General Conditions, Standard Specifications, Special Provisions and Construction Plans.

2. TIME FOR COMPLETING WORK

The work under this contract must be completed WITHIN 45 DAYS consecutive calendar days from the date of the Official Notice-to- Proceed. This work must be completed in the summer to avoid increase in school traffic along the detour. All Bidders are notified that time is of the essence of this Contract. The successful Bidder will be required to so execute the work to ensure its completion within the above number of calendar days set forth.

3. BID INFORMATION

The Owner may consider non-responsive any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities in or reject any and all bids. A bid which is incomplete, obscure, conditioned, or which contains additions not called for, or irregularities of any kind, including alterations or erasures, may be rejected. Any bid received after the time and date specified shall not be considered.

In the event that there is a tie between two or more lowest responsible bidders, and the place of business of one is located in Delaware County and the other(s) is (are) located outside of the County, the Council may in their discretion opt to award the bid to the Delaware County bidder, all other relevant factors being equal.

Requests for Information are required to be submitted in writing seven (7) calendar days prior to bid opening via Pennbid at https://pennbid.bonfirehub.com.

No bid may be withdrawn within the twenty-four (24) hours prior to the bid opening.

The Contractor shall not transfer or sublet any portion of the work covered by these bid documents without written consent of the County.

B-2

4. BID SUBMITTAL FORMS

The Bid Submittal Forms consist of the following:

- Invitation to Bid

- Proposal Form for Unit Price Contract

- Bid Guarantee

- Consent / Agreement of Surety

- Non-Collusion Affidavit

- AIA Document A305 - 2020, Contractor’s Qualification Statement

- Financial Statement in accordance with A305 – 2020, Section 5.1.1

- Affirmative Action Program (Special Conditions No. 22)

- BAP Certification

- Subcontractor Declaration

- Nondiscrimination Clause (for contracts over $10,000.00)

- Conflict of Interest & Records and Audits

- MBE/WBE Outreach

- Section 3 Certification in the Provision of Training, Employment and

Business Opportunities

- Certification of Compliance with Air and Water Acts (for contract over

$100,000)

- Accepting Provisions of the Workmen’s Compensation Act

- Certificate of Compliance with Federal Labor Standards Provisions

- Prime Contractor Questionaire

- Subcontractor Questionaire (If Applicable)

- Certification of Non-Segregated Facilities

- Verification of Contractor Eligibility and Termination of Ineligible

Contractor

- MBE/WBE Contact Solicitation Statement

B-3

5. PREPARATION OF BIDS

Bidders will be assumed to have carefully examined the Invitation for Bids, the Instructions to Bidders, the Form of Proposal, the Agreement, the General Conditions, Other Conditions of the Contract, the Standard Specifications, Special Provisions and the Construction Drawings for the work, all attached hereto, and to have carefully investigated physical conditions at the site and character of the work to be done and to have inquired fully into the difficulties of construction of the work before preparing their Proposal. The Owner will not be responsible for failure of the Contractor to properly estimate such difficulties and costs, or for overlooking any of the requirements of the Contract Documents.

If, in the Bidder’s opinion, any work is specified in such a manner as would make it impossible for him to guarantee to produce the required result; or should obvious and unintentional errors or omissions appear in Contract Documents, the Bidder shall refer the same in writing to the Engineer for a decision before submitting his bid. If the Bidder fails to make such reference, no extra charge thereafter will be allowed or excuse entertained for failure to carry out the work in an acceptable manner, or to produce the required results, or to remedy defects in the workmanship because of alleged impossibilities in the production of the results specified or because of inadequate or improper Specifications.

No oral interpretations of the meaning of the Contract Documents made to any prospective Bidder by any person will be binding upon the Owner to any extent or for any purpose and may not be relied upon by any prospective Bidder.

Every request for such interpretation should be in writing via the Pennbid website (https://penbid.bonfirehub.com/login) by the posted deadline. Bidders are not permitted to directly contact the Design Professional or County Staff.

To be given consideration, each request must be received at least seven (7) calendar days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be given in the form of written Addenda to the Bid Documents which will be mailed by Certified Mail to all prospective Bidders (at the respective address furnished for such purposes) not later than three (3) calendar days prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such Addenda or interpretations shall not relieve said Bidder from obligations with respect to the bid as submitted.

All addenda so issued shall become part of the Contract Documents

B-4

6. CONDITIONS OF WORK

Each Bidder must inform himself fully of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve the successful Bidder of his obligation to furnish all material and labor necessary to carry out provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid.

Bidders are notified that it is obligatory upon them to obtain by their own means, information which they may require as to the existing physical conditions and, in particular, as to subsurface and groundwater conditions. Bids for all types of excavation are to be based on Unclassified Excavation which shall include all types of materials which are encountered, including, but not limited to weathered, decomposed, and sound bedrock; soil, gravel, and boulders; debris of any kind and organic matter.

7. ESTIMATED QUANTITIES

The quantities given in the Form of Proposal and attached to the Contract Documents are approximate only, being given as a basis for the uniform comparison of bids, and the Owner does not expressly or by implication warrant that the actual amount of work will correspond therewith.

8. CONTAMINATED SOILS

Should the Engineer agree that reasons exist to believe that contaminated soil is encountered in the excavation, the Owner shall, at his cost, engage the services of an environmental services company to assess the extent, if any, of the contamination of soils. If contamination is found to be present, the contaminated soils shall be separately stockpiled on and covered by plastic sheeting at the site for disposal by the Contractor.

Section C Proposal Form

C-1

PROPOSAL

Contract No. 50-85A Date: _______________

Council Members:

The undersigned hereby submits a proposal for Little Flow Park Water Line Installation, CDBG Project 50-85A, located 1201 Springfield Road, Darby,19023, Delaware County, Pennsylvania, at the following price:

Having become completely familiar with the local conditions affecting the cost of Work at the place where Work is to be executed, and having carefully examined the site conditions as they currently exist, and having carefully examined the Bidding and Contract Documents prepared for this project, together with any Addenda to such Bidding and Contract Documents as listed hereinafter, the Undersigned hereby proposes and agrees to provide all labor, materials, plant, equipment, transportation and other facilities as necessary and/or required to execute all of the Work described by the Contract Documents for the above cited Contract for the lump sum consideration of:

________________________________________________________________Dollars ($__________________________), said amount being hereinafter referred to as the Base Proposal Amount. Base proposal Amount includes Unit Price Items listed below, if applicable.

BID ALTERNATES (Not applicable to this Contract – No Alternates)

It is understood that THE INSURANCE REQUIREMENTS ARE A CRITICAL PORTION OF THIS BID.

THE REQUIREMENTS AS SET FORTH IN VARIOUS SECTIONS MUST BE SATISFIED. IT IS

UNDERSTOOD THAT NO EXCEPTIONS WILL BE MADE.

It is further understood that upon notice to furnish the County with the necessary Contract and Bonds, we will execute the attached Form of Contract and Bonds with the County of Delaware within twenty

(20) calendar days after receipt of such notice.

It is understood and agreed that the County Council reserves the right to reject any and all bids and that if the Successful Bidder fails to execute the attached Contract and Bond within twenty (20) calendar days after receiving notice from the County to do so, the County Council shall be free to notify the next lowest, responsible bidder. It is understood that if the Successful Bidder shall fail to execute a Contract as set forth in these General Condition, the deposit will be forfeited as liquidated damages. Award will be based on bids for the Base Bid(s) or a combination of Base Bid(s) and if and where directed.

C-2

It is understood that this Bid may not be withdrawn for a period of sixty (60) calendar days after the date of opening thereof.

It is understood that we will start work within 45 calendar days after execution of the Contract and shall complete work in accordance with the schedule given in Section B, Instructions to Bidders, Time for Completing Work. Liquidated Damages (if any) shall be assessed as defined in the Special Conditions, Liquid Damages, for all days past this limit. It is understood that the County may, on its own decision or initiate, extend the completion date by giving notice of all parties to this Contract of its intention to extend.

Delaware County shall not be liable for any expenses, damages, or loss of profits, anticipated or otherwise.

It is understood that if our Bonding Company is not a Pennsylvania Company, the Bid Bond, Performance Bond and Payment Bond, must be countersigned by a Pennsylvania Resident Agent, with Power of Attorney so to do.

The undersigned acknowledges receipt of the foregoing Addenda and that he has prepared this bid accordingly.

Addendum No. Date

Insert the numbers of all addenda received - If none were received, insert the word "None"

It is understood that each bidder is to prepare and present satisfactory evidence of his experience, qualifications, and financial abilities to carry out the terms of the Contract. In addition, the Prime Contractor shall prepare and present satisfactory evidence of his qualification and references related to the work.

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

C-3

Our signature on this proposal page signifies that we have read and agree to comply with all parts of the Invitation, Instructions, Proposal, General Conditions, Special Conditions and Specifications of this Bid and will carry out all the conditions of the above.

The undersigned hereby certifies that this bid is genuine, and not a sham or collusive, or made in the interest or in behalf of any person, firm, or corporation not herein named; that the undersigned has not directly or indirectly induced or solicited any bidder to refrain from bidding, and that the undersigned has not, in any manner, sought by collusion to secure for himself an advantage over any other bidder.

It is understood that the Proposal Page must have two (2) signatures, and if the firm is a corporation, the corporate seal must also be affixed when submitting bid.

Respectfully submitted, FIRM NAME

SIGNATURE

TYPED NAME & TITLE

OFFICIAL ADDRESS

Telephone # FAX #

ATTEST:

Secretary or Assistant Secretary

Bidder will check whether the bid is by:

an individual ( ), partnership ( ), or corporation ( ).

NOTES:

If the Bidder is a partnership, the names of all members of the firm, as well as the trading name, shall be set forth. If the Bidder is a corporation, the Bid must be executed by the President or Vice-President, and attested by the Secretary or Assistant Secretary of the corporation, with the corporate seal applied.

No other names will be accepted unless accompanied by the proper certification from the corporation permitting other than the President or Vice-President and Secretary to sign contracts. If the business is operated by a sole owner, only his signature is required, and it should be noted under signature that he is the sole owner.

Section D Insurance Requirements

D-1

COUNTY OF DELAWARE

VENDOR/CONTRACTOR’S INSURANCE REQUIREMENTS

COMPREHENSIVE GENERAL LIABILITY

Before the Contract is awarded, the Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage insurance as shall protect him and any sub-contractors, if any, performing work covered by this Contract, from all claims for loss arising form Property damage, personal injury and bodily injury including accidental death. Such Insurance Policy shall include Products and Completed Operations coverage and include coverage for damages that may arise from the Operations of the Contractor or by any sub-contractor or by anyone directly or indirectly employed by either of them. The Combined Single Limit of Liability required is $3,000,000 per occurrence with a deductible of no more than $1,000.

VEHICLES

Comprehensive Business Automobile Coverage shall be maintained with a Combined Single Limit of Liability in an amount no less than $1,000,000 per occurrence with no deductible.

CATASTROPHE UMBRELLA LIABILITY

One million dollars in excess of Primary General.

WORKER’S COMPENSATION

Worker’s Compensation Insurance required by Pennsylvania law covering all Owner’s employees and all employees of the general contractors and all sub-contractors. A current certificate of Exempt status from the Pennsylvania Department of Labor and Industry is acceptable if the Owner is an Exempt Self- Insurer in the State of Pennsylvania.

EMPLOYER’S LIABILITY INSURANCE:

Employer’s Liability Insurance with limits no less than $500,000 per accident or employee disease.

The County of Delaware shall be named as an additional insured on all policies insofar as the specified Contract is concerned. In addition, the Contractor shall furnish the County with a certificate of insurance showing the type, amount, class of operations covered, effective dates and dates of expiration. All policies should also contain a sixty (60) day notice of cancellation clause.

Section D Insurance Requirements

D-2

NOTE:

If the owner maintains a self-insurance program or a limited self-insurance program for any or all of the exposures listed above, a complete description of the program with information on excess carriers and funding arrangements should be provided. In the event that the worker’s compensation is self-insured, a copy of the current exemption shall be provided.

Section E Bid Guarantee

E-1

BID GUARANTEE

KNOW ALL MEN BY THESE PRESENTS, THAT WE, the undersigned, , as Principal, and held firmly bound unto as

OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this day of , 20 .

The Condition of the above obligation is such that whereas the Principal has submitted to The Delaware County Council a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for Little Flow Park

Water Line Installation located at 1201 Springfield Road, Darby, 19023, Delaware County, Pennsylvania.

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection

Section E Bid Guarantee

E-2 therewith and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said

Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set there hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set above.

Principal

Surety

By:

Section F Consent/Agreement of Surety

F-1

CONSENT/AGREEMENT OF SURETY

The undersigned __________________________________________________ Name of Surety Company a corporation organized and existing under the laws of

________________________________________ and authorized to do business in the Commonwealth of Pennsylvania do hereby consent and agree with

The County of Delaware that if the proposal of

____________________________________________________, for the project Name of Bidder

Little Flow Park Water Line Installation

1201 Springfield Road, Darby, PA 19023 be accepted and a contract for said work be awarded to said bidder, it will, upon its being so awarded, become the surety for said Bidder on such surety bonds as are called for in the Bid Documents.

Signed and Sealed (Date)

Name of Surety Company

By: ___________________________ Attorney-in-fact

Section G Non-Collusion Affidavit

G-1

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 the 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 himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of this 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 lower than the bid of another firm, any intentionally low or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions may result in disqualification of the bid.

G-2

NON-COLLUSION AFFIDAVIT

Contract/Bid No.

State of :

County of :

I state that I am of Title Name of Firm and that I am authorized to make this affidavit on behalf of my firm and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

(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 lower than this bid, or to submit any intentionally low 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, Name of my firm Subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by the State or Federal law

G-3 in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

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

Name

Company Position

SWORN TO AND SUBSCRIBED

BEFORE ME THIS DAY

OF , 20

My Commission Expires:

Notary Public

COUNTY OF DELAWARE PENNSYLVANIA

ORDINANCE No. 2021-2

AN ORDINANCE OF THE COUNTY OF DELAWARE, COMMONWEALTH

OF PENNSYLVANIA AMENDING SECTION 6-12 OF THE

ADMINISTRATIVE CODE TO INCLUDE THAT COUNTY COUNCIL

MEMBERS ARE PROHIBITED FROM KNOWINGLY DERIVING A

FINANCIAL INTEREST FROM COUNTY CONTRACTS AND ADDING

CERTAIN OTHER CONFLICT OF INTEREST PROVISIONS.

WHEREAS, pursuant to Section 6-121 of the Administrative Code (the "Code") of the

County of Delaware, Commonwealth of Pennsylvania (the "County"), the Code may be amended by ordinances of the County Council; and

WHEREAS, Section 6-12.B(2) of the Code limits elected and appointed officials, the County

Executive Director and department heads, and all County employees from having a business interest that would interfere with their official duties; and

WHEREAS, Section 6-12.B(2) includes only a limited restriction of Council members from having a financial interest or other conflict that would interfere with their official duties; and

WHEREAS, County Council believes that a more expansive restriction on financial interests and other conflicts of Council members will allow Delaware County citizens to be assured that Council members will not directly or indirectly knowingly realize any financial gain through their public office other than any compensation that is provided by law;

IT IS HEREBY, ENACTED AND ORDAINED BY County Council of Delaware County, Commonwealth of Pennsylvania as follows:

SECTION 1. The Code shall be amended to add a new Section 6-12.D to read as set forth below:

§ 6-12.D County Council Members Prohibited From Knowingly Deriving a Financial Interest From County Contracts.

(1). Prohibition Against Knowingly Deriving Financial Gain and Conflict of Interest. In addition to the limitations imposed elsewhere in this Administrative Code, including Section 6-12.B(2), no Council member shall knowingly have a financial interest (including any immediate family member having a financial interest) in any entity that is a party to a contract with the County, approved by County Council, including subcontractors.

Notwithstanding the foregoing, there shall be no violation of this Section 6-12.D(1) if a Council member recuses her or himself from voting on a contract in which such Council member (or an immediate family member) has a minor financial interest and submits a written statement listing the reasons for such recusal. Said statement shall be submitted by the Council member to the County Clerk, Council Chairman and Vice Chairman within seven

(7) days of identification of the conflict by the member but not less than one (1) day prior to the Council meeting at which a vote on the contract is scheduled. Such statement shall be read into the Council minutes at such meeting.

Section - H Ordinance of Financials

(2). Other Prohibitions.

(a) Council members are prohibited from receiving compensation (other than the payment of expenses) as an officer or director of (i) any entity that is a party to a contract with the County and/or (ii) any subcontractor to such an entity.

(b) Council members are prohibited from using non-public information received through public office for their own financial benefit or the financial benefit of an immediate family member.

(3). Conflicts of Interest. A Council member must recuse her or himself from voting on a contract if he or she knows that there is a conflict of interest (which is not a financial interest) and shall submit a written statement listing the reasons for such recusal. Such conflicts of interest shall include serving as an officer or director of a nonprofit organization that is a party to a contract with the County and/or any subcontractor to such a contract.

Said statement shall be submitted by the Council member to the County Clerk, Council Chairman and Vice Chairman within seven (7) days of identification of the conflict by the member but not less than one (1) day prior to the Council meeting at which a vote on the contract is scheduled. Such statement shall be read into the Council minutes at such meeting.

(4). Definitions.

A "financial interest" for purposes of this Section 6-12.D is any financial interest in a legal entity engaged in business for profit which comprises more than 5% of the equity of the business or more than 5% of the assets of the economic interest in indebtedness.

An "immediate family member'' for purposes of this Section 6-12.D is defined as a parent, spouse, brother and sister (or like relative in laws), child(ren) and step-child(ren).

“Knowingly” or “Knows” means that the individual in question actually knew or, based on facts and circumstances, should have known, of the existence of a financial interest or conflict of interest, as applicable.

A “minor financial interest” for purposes of this Section 6-12.D is any financial interest from which a Council member and all immediate family members, in the aggregate, derives (or reasonably anticipates deriving) compensation, earnings, revenues and/or other payments not exceeding a total of $25,000 on an annual basis (including the effect of the contract then under consideration for approval by Council).

(5). Penalties. Any of the following penalties may be imposed for violations of the limitations in Section 6-12.D(1) as determined per Section 6-12.D (5):

a. A reprimand of the Council member in violation.

b. A censure of the Council member in violation.

c. An assessment of a fine of the Council member in violation, in an amount not to exceed the lesser of (i) ten percent (10%) of the total compensation under the contract in question or (ii) $20,000.

d. To the extent legally permitted, termination of the contract in question and/or repayment to the County of any profit made by the contractor under such contract.

e. Any entity, contractor or subcontractor which entered into a contract with the County which resulted in a violation of this section, may be banned as a contractor or subcontractor to the County for a period of two (2) years.

(6). Determination of Penalties. The determination of a penalty for the violation of this ordinance shall be made by a majority vote of County Council (not to include the Council member whose action is the subject of such vote) following such investigation and consideration of such evidence as County Council deems appropriate or such other entity or body as may be designated by resolution of County Council.

(7). County Executive Director. If the County Executive Director knows that he or she has a financial interest in a contract being considered for approval by County Council, he or she shall disclose such financial interest to County Council prior to approval of such contract by County Council, and such financial interest shall be noted in the minutes of the Council meeting at which such approval is considered. County Council may take appropriate disciplinary action for violation of this requirement by the County Executive Director, subject to the limitations elsewhere in the Administrative Code.

SECTION 2. This Ordinance shall take effect on the tenth day after its adoption.

ENACTED AND ORDAINED by County Council of the County of Delaware, Pennsylvania, this day of 2021.

COUNTY OF DELAWARE

Brian P. Zidek, Chair

Dr. Monica Taylor, Vice Chair

Kevin M. Madden

Elaine Paul Schaefer

Christine A. Reuther Attested:

Anne M. Coogan County Clerk

COMMONWEALTH OF PENNSYLVANIA

RESOLUTION NUMBER 2022-3

RESOLUTION REGARDING GOALS FOR DIVERSITY

IN PUBLIC WORKS CONTRACTING

WHEREAS, County Council is committed to addressing the challenges it faces relating to public works projects and, to that end, is considering enactment of the revision of Chapter 29 of the County Code to protect its proprietary and financial interests and create adequate safeguards to ensure the successful delivery of such projects to the fullest extent possible; and

WHEREAS, together with the changes to the County Code in such revision of Chapter 29, County Council also desires to set forth its goals for increasing the diversity of the workforce for such public works projects;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF

DELAWARE COUNTY, PENNSYLVANIA as follows:

1. County Council hereby directs that the following provisions shall be included in any contract which is subject to the requirements of Chapter 29 of the County Code:

a. The contractor will make a good faith effort to employ local residents for completion of the project, when it has a need for new employees, in an effort to meet a goal of 10% local worker participation on the project. Good faith effort shall include, but not be limited to: hosting a public job fair prior to the commencement of the Project open to residents of Delaware County, posting of available employment opportunities with the Delaware County Workforce Development Board and its PACareerLink offices, providing employment and training services, advertisement of employment opportunities in a newspaper of general circulation throughout Delaware County, and internet advertisements.

b. The contractor will make a good faith effort to employ minority and female craftspeople for completion of the qualified project when such contractor has a need for new employees to complete the project, in an effort to meet the goal of having 10% minority and female participation on the project. Good faith effort shall include, but not be limited to: hosting a public job fair prior to the commencement of the Project open to all applicants in an attempt to identify, hire and utilize minority and female craftspeople, the posting of available employment opportunities with the Delaware County Workforce Development Board and its PACareerLink offices, providing employment and training services, advertisement of employment opportunities in a newspaper of general circulation throughout Delaware County, and internet advertisements.

c. The contractor shall, as a material condition of the contract, make a good faith effort to utilize veteran owned businesses, minority owned businesses, women owned

WardNG Typewritten Text Section I

WardNG Typewritten Text I-1 businesses and small business enterprises on the qualified project. “Minority owned business” shall mean that at least 51% of the business is owned by an individual who is a United States citizen or permanent resident alien who has and can demonstrate membership in one of the following groups: Black persons having origins in any of the Black African racial groups; Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American Descent of either Indian or Hispanic origin, regardless of race; Native American or Alaskan native persons having origins in any of the original peoples of North America; Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands. “Small business enterprise” shall mean a business with an annual gross income which is determined by the United States Small Business Administration to qualify it as a small business enterprise.

2. County Council hereby directs the County Executive Director to take steps to obtain a disparity study related to relevant County public works contracting in order to assess the utilization by the County of a diverse workforce for public works projects and to help direct any further actions by County Council to increase such diversity.

ADOPTED by the County Council of the County of Delaware, Pennsylvania, this 15th day of June, 2022.

BY: DELAWARE COUNTY COUNCIL

Dr. Monica Taylor, Chair

ATTESTED:__________________________________

ANNE COOGAN, County Clerk

WardNG Typewritten Text I-2

Section K Contractor’s Qualification Statement

K-1

CONTRACTOR’S QUALIFICATION STATEMENT

Contractor shall submit AIA Document A305 – 2020, Contractor’s Qualification Statement, with Bid. (See Appendix B5)

Section L Form of Contract

L-1

FORM OF CONTRACT

Article of Agreement made this day of , 20 between

(hereinafter called Contractor) and the County of Delaware (hereinafter called County).

WITNESSETH:

That the Contractor covenants, promises, and agrees to and with the County to

For the price or sum of as per its annexed Bid, and to in all respects comply with the terms and conditions of the Annexed Proposal, Invitation to Bidders, Instructions to Bidders, General Conditions, Specifications and Drawings and the County covenants, promises, and agrees to and with the Contractor to pay it in the price of for

It is further mutually agreed by said parties, in consideration of their aforesaid mutual covenants, that the annexed Invitation to Bidders, Proposal, General Conditions and Specifications annexed thereto constitute and are a part of the Contract as though fully set forth therein.

Section L Form of Contract

L-2

In Witness Whereof, the Contractor and the County have hereunto caused their common of corporate Seals to be affixed hereto duly attested by their proper Officers the day and year aforesaid.

Attest:

Secretary or Assistant Secretary

Chairman

Attest: Date:

County Clerk

Section M Labor and Materials Bond

M-2

LABOR AND MATERIALS BOND

KNOW ALL PERSONS BY THESE PRESENTS that __________________________________ (Principal) and __________________________________________ (Surety) are held and firmly bound unto the County of Delaware in the Commonwealth of Pennsylvania, (hereinafter called County), in the sum of: __________________ lawful money of the United States of America, to which payment well and truly to be made, we do hereby jointly and severally bind and oblige ourselves, and our respective successors and assigns firmly by these presents:

Sealed with our Seals this day of 20 _____.

Whereas, the bounden Principal has entered into a written Contract with the County to:

for the price or sum of___________________________________________________________ which Contract by reference is made a part hereof:

Now, therefore, the condition of this obligation is such that if the above bounden Principal shall and will promptly pay or cause to be paid all sums of money which may be due any person, co-partnership, association or corporation for all materials furnished and labor supplied or performed in the prosecution of the work whether or not the same material or labor enter into and become component parts of the work or improvement contemplated, then this obligation to be void and of no effect, otherwise, to continue in full force and virtue.

The Principal and Surety further and severally agree with the Obligee herein that every person, co-partnership, association or corporation who whether as sub-contractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work as above mentioned and who has not been paid therefore, may use in assumpsit on this bond in the name of the County of Delaware, Obligee for his, their or its use, prosecute the same to final judgment for such sum or sums as may be justly due him, them or it, and have execution thereon, provided, however, that Obligee shall not be liable for the payment of any costs or expense of any such suit.

Recovery by any person, co-partnership, association or corporation hereunder shall be subject to the provisions of the Act of the General Assembly No. 869 approved December 20, 1967, to the same extent as if said Provisions were fully incorporated in this Bond.

It is further agreed that any alterations which may be made in terms of the Contractor in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving of the Obligee or the Principal and the Surety or Sureties or either or any of them their prospective successors and assigns, from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived.

Section M Labor and Materials Bond

M-3

In Witness Whereof, the Principal and the Surety have hereunto caused their Common Corporate Seals to be affixed hereto duly attested by their proper Officer the day and year aforesaid.

Attest: ______________________________________ (Secretary or Assistant Secretary) (Principal)

Sealed and delivered in the presence of:

(Surety)

Section N Waiver of Liens

N-1

WAIVER OF LIENS

WHEREAS, entered into a contract with to provide materials and perform labor necessary for upon a lot of ground located

NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien, commonly called a mechanic's lien, for work done or materials furnished to remove the said bridge or any part thereof.

This stipulation is made and intended to be filed with the County Prothonotary in accordance with the requirements of Section 1402 of the Mechanics Lien Law of 1963 of the Commonwealth of Pennsylvania in such case provided.

IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this day of , 20 .

By:

Authorized Signature

Attest: CONTRACTOR

By: By:

Authorized Signature

Typed Name & Title

Section Q Special Conditions

Q-1

DELAWARE COUNTY SPECIAL CONDITIONS

These General Conditions shall apply to the Contract as a whole, and to each and all branches or sub-divisions and contractors for same, should the work be divided. Sub-contractors shall have access to read a copy of these Special Conditions and no Contract or arrangements with them shall be such as to conflict herewith. Any requirements contained in the General Conditions which differ from any requirements contained in these “Special Conditions” shall be superseded by the requirements of these “Special Conditions”.

1. ARRANGEMENT OF THE SPECIFICATIONS

A. The Contractor is advised that the arrangement of the technical sections of the Specifications is furnished for his convenience only. The allocation of items of work between his Sub-contractors is entirely the responsibility of the Contractor.

B. The Prime Contractors shall have a project foreman on-site whenever a Sub-contractor of the Prime Contractor is on-site to perform work. Sub-contractors shall submit all Owner related items to project foreman including operational and facility inquiries, building / room access.

Scheduling conflicts and site coordination requests. It is the sole responsibility of the Prime Contractors to engage with Owner and Engineer, or their designated representatives to satisfy the Sub-contractors request.

C. Materials and installation shall comply with the appropriate technical section of this specification unless otherwise indicated.

2. SAFETY DURING CONSTRUCTION

A. The Contractor shall enforce suitable rules and provide the required guards and protective devices for the safe prosecution of the work and for the safety and health of the men employed in it and the public in general, both inside and outside the limit of Contract. The contractors are responsible for compliance with the Federal Occupational Safety and Health Act of 1970.

B. The Prime Contractor and all Sub-contractors shall immediately report all accidents, injuries, or health hazards to the Owner and Engineer, or their designated representatives, in writing.

C. It shall be the single and sole responsibility of the Contractor to ensure

Q-2 that his activities comply with all applicable safety requirements, including, but not limited to local, state and federal regulations. Neither the Engineer nor the Owner shall owe any duty under this Contract or otherwise to the Contractor or its agents, employees or guests to inspect the work or otherwise ensure compliance by the Contractor with applicable safety requirements. No increases in the Contract price or extensions in the Contract time of completion shall be given by the Owner as the consequence of the Contractor’s failure to so comply.

3. STANDARD OF QUALITY

See General Condition, Paragraph 17.

4. SUBSTITUTIONS OF MATERIAL

Bidders wishing to obtain acceptance on items other than those specified by name shall submit their request to the Engineer not less than ten (10) days before the bid opening, provided that such request is in accordance with the terms of conditions of the Contract Documents.

Acceptance by the Engineer will be in the form of an addendum to the Specifications issued to all prospective bidders indicating that the additional brand or brands are approved as equal to those specified so far as the requirements of the project are concerned. If the bidders do not elect to obtain prior approval during the time so specified, they have thereby evidenced their intention and are bound to provide all those articles and brand names stated in the Specifications.

5. CASH ALLOWANCES

In accordance with the Commonwealth of Pennsylvania Laws and Regulations, no cash allowances are included in the Project Manual and Contracts.

The Drawings and / or Specifications indicate the standard of quality and the finite quantity of materials and work, specialties,…