5-Specifications Bid Documents.pdf

SPECIFICATIONS AND BID DOCUMENTS

FOR

ANNUAL MAINTENANCE CONTRACT

STREET, SANITARY AND STORM SEWER REPAIR

BOROUGH OF BROOKHAVEN

2 CAMBRIDGE ROAD, SUITE 100

BROOKHAVEN, PA 19015

BID OPENING

OCTOBER 2, 2025

1:00 PM

CATANIA ENGINEERING ASSOC., INC.

CONSULTING ENGINEERS

520 W. MACDADE BOULEVARD

MILMONT PARK, PA 19033

SEPTEMBER 2025

FILE No. 82850-112-SSM-26

NOTICE TO BIDDERS

Sealed bids will be received by the Borough of Brookhaven, 2 Cambridge Road, Suite 100, Brookhaven, PA 19015 until 1:00 PM on October 2, 2025 and publicly read aloud at 7 PM on October 6, 2025 for Annual Street, Sanitary and Storm Sewer Maintenance Repairs.

All Bid Documents, Construction Plans and Specifications are available online via the PennBid Program at www.PennBid.net at no cost to prospective bidders.

The successful bidder, who is awarded the contract, will be required to pay PennBid Program a fee of ⅓ % of the contract award value. There is a minimum award fee of $150.00 and a maximum of $6,000.00.

Bidders must confirm the fees associated with bidding through PennBid and the successful bidder is responsible for the fees associated with the awarded bid.

A certified check or bid bond in the amount of Two Hundred Dollars ($200.00), made payable to the Borough of Brookhaven, must accompany the proposal.

The Borough of Brookhaven reserves the right to accept or reject any or all bids or parts thereof, and to waive any informalities in the bidding, as they deem in the best interest of the Borough.

BY ORDER OF THE COUNCIL

OF BOROUGH OF BROOKHAVEN

John Wilwert, Borough Secretary

ITB-1

INSTRUCTIONS TO BIDDERS

GENERAL

All the information and requirements in the Notice to Bidders shall be read into and considered a part of the Instructions to Bidders.

Bidders must carefully examine the site, drawings, specifications, proposal and contract form before submitting their proposal.

QUALIFICATIONS OF BIDDERS

Bidders must be responsible, capable of performing the work, and be generally familiar with the municipality demographics and requirements of all typical work when directed to perform such maintenance and/or emergency work. Bidders must have successfully completed contracts of equivalent scope and magnitude to that for which bid is tendered, and must be prepared to comply with all specifications, instructions and/or requirements as well as to qualify themselves when requested to do so.

WITHDRAWAL OF PROPOSALS

Permission will not be given for the withdrawal of any bids for a period of sixty (60) days after the scheduled date for the opening of the bid.

DISQUALIFICATION OF BIDDERS

More than one proposal from an individual, a firm or partnership, a corporation or an association under the same or different names shall not be considered. Reasonable ground for believing that the bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. Any or all proposals will be rejected if there is reason for believing that collusion exists among the bidders and all participants in such collusion will not be considered in future proposals for the same work. Proposals in which the prices are obviously unbalanced will be rejected. The bidder shall furnish complete statements by properly filling in questionnaire accompanying the proposal. The Contract will not be awarded to any except responsible bidders with experience in similar work and who are capable, in the judgment of the Engineer of performing the work required in the manner specified and within the time stated.

AWARD OF CONTRACTS

The Owner reserves the right to reject any or all proposals or any parts thereof or items therein, and to waive technicalities, as they may deem in the best interest of the Owner.

The Contract will be awarded to the lowest responsible bidder within sixty (60) days of the date of bid opening. If the award is delayed by required approval of the another government agency, sale of bonds, or the award of a grant or grants, the Owner may reject all bids or award the Contract to the lowest responsible bidder within one hundred twenty (120) days of the bid opening. Thirty (30) day extensions of the date for the award may be made by the mutual consent of the contracting body and the lowest responsible bidder.

IRREGULAR PROPOSALS AND BID SECURITY

Proposals may be rejected if they show any omissions, alterations of forms, additions or deductions not called for, conditional or unauthorized alternate bids, or irregularities of any kind. No proposal will be considered unless accompanied by a bid bond or certified check in the amount as stated in the Invitation to Bidders, made payable to the Owner guaranteeing that contract bids will be furnished by a reputable surety company acceptable to the Owner.

RETURN OF BID SECURITY

All bid securities, except those of the three low bidders, shall be returned within three (3) days following the date of the award of the Contract. The bid securities of the three low bidders will be retained by the Owner until the Contract has been signed by the low bidder.

BONDS

Each bidder to whom a Contract is awarded must execute one (1) bond with a reputable surety company.

The bond shall be in an amount equal to one hundred percent (100%) of the Contract, with surety satisfactory to the Owner. This bond is for the full and faithful performance of all provisions of the Contract in accordance with the defined scope of the work, including the indemnification of the Owner by the Contractor as herein provided. Maintenance of said work for a period of one (1) year and payment of all materials furnished and labor supplied or performed in the prosecution of the work, whether or not said materials or labor enter in and become component parts of the work improvement is a required stipulation for any/all payments to the Contractor.

EXECUTION OF CONTRACT

The time of opening of the bids is stated in the Notice to Bidders. Upon decision of Owner as to the successful bidder, bidder shall receive formal notification to that effect and he shall attend the office of Owner within five (5) days of notification by the Owner to sign the formal contract and furnish the bonds required.

FORFEITURE OF BID SECURITY

In case of failure or neglect of the successful bidder to sign the Contracts and furnish the bond required within the time stipulated, he will be considered has having abandoned the Contract, and to be in default to the Owner, and he shall forfeit all right to the return of his bid security, not as a penalty, but as liquidated damages, and thereupon the work may be let to the next lowest responsible bidder and so on until the Contract is accepted and executed.

FAMILIARITY WITH PROPOSED WORK

A sufficient understanding of the conditions as they exist is required for all work. The Contractor shall be experienced and also examine the work requirements and the contract form for the work contemplated. The Contractor shall not at any time after the execution of this Contract set up any claims whatsoever based upon insufficient data or incorrectly assumed conditions, nor shall he claim any misunderstanding in regard to the nature, conditions or character of the work to be done under this Contract, and shall assume all risks resulting from any change in the conditions which may occur during the progress of the work.

STANDARDS AND APPROVED EQUALS

The specific mention of a manufacturer's name, brand of material or equipment in any specifications and/or plans which may be provided by the Engineer, shall be considered as indicating a standard of quality, grade or type.

Other material and/or equipment approved by the Engineer and Owner as of equal quality, grade and type, will be acceptable. The decision of the Engineer and Owner in this respect will be final.

INSURANCE CERTIFICATES REQUIRED

The following insurance certificates, in a form and from a company satisfactory to the Owner, in amounts stated in the Special Conditions, must be submitted to the Owner at the time of executing the Contract:

Statutory Workers Compensation;

Public Liability with Contractual Coverage in the amount of $500,000/$1,000,000;

Property Damage in the amount of $500,000/$1,000,000 and $100,000 respectively.

Cancellation shall not be effective unless the Owner is notified in writing twenty (20) days prior to the date of any proposed cancellation.

ITB-3

SPECIAL NOTICE

Bidders shall be experienced and are required to inform themselves fully of the conditions relating to construction and labor under which the work will be or is now being performed, and this Contractor must employ, so far as possible, such methods and means in the carrying out of this work as will not cause interference with any other Contractor or municipal operational function in either an emergency or non-emergency directed work condition.

TIME OF COMPLETION

All emergency work must be an immediate response within not more than four (4) hours by the Contractor, 24 hours per day; 7 days per week, and must be properly staffed with equipment and labor to complete all required work acceptable to the Engineer.

All non-emergency directed work shall be completed during daily straight time work hours and be completed in not more than ten (10) work days or within a performance work schedule acceptable to the Engineer.

END OF SECTION

00300-1

FORM OF PROPOSAL

ANNUAL STREET, SANITARY AND STORM SEWER

MAINTENANCE REPAIRS

TO: Borough of Brookhaven FROM:

2 Cambridge Rd., Suite 100 Brookhaven, PA 19015

PHONE:

FAX:

EMAIL:

The undersigned hereby proposes to furnish all labor, tools, materials and equipment required for the Annual Street, Sanitary and Storm Sewer Maintenance Repairs for the Borough of Brookhaven, Delaware County, PA, in strict accordance with the plans and specifications relating thereof, in a first-class, workmanlike manner for the period of January 1, 2026 to December 31, 2026, with an optional one-year renewal for January 1, 2027 to December 31, 2027 and an optional one-year renewal for January 1, 2028 to December 31, 2028. All unit prices are all inclusive and are firm for the duration of the period stated and are not subject to increase by bidder/Contractor as follows:

BASE BID (2026)

Item #1 – Storm & Sanitary Sewer Maintenance o Year 1 (Jan 1, 2026-Dec 31, 2026) $

Item #2 – Street Maintenance o Year 1 (Jan 1, 2026-Dec 31, 2026) $

OPTION 1 - ONE-YEAR EXTENSION (2027)

o Year 1 (Jan 1, 2027-Dec 31, 2027) $ o Year 1 (Jan 1, 2027-Dec 31, 2027) $

OPTION 2 - ONE-YEAR EXTENSION (2028)

o Year 1 (Jan 1, 2028-Dec 31, 2028) $ o Year 1 (Jan 1, 2028-Dec 31, 2028) $

(Totals Based Upon the Attached Sheets)

NOTES: 1. Quantities are approximate and to be used for bid comparison purposes only and are not to be construed as a basis of payment.

2. The Borough reserves the right to award Items 1 and 2 separately.

In case this proposal should be accepted by the Borough of Brookhaven and the undersigned will fail to execute the Contract as stated in the foregoing notice to bidders, within five (5) days (Sunday excepted) from the date of the notification by the Borough of Brookhaven, of the awarding of the Contract, then the said Borough may, at its own option, determine that the undersigned has abandoned the Contract and thereupon this proposal and the check accompanying the same, shall be forfeited to and become the property of the Borough as liquidated damages for such failure to neglect, otherwise such check will be returned to the undersigned.

The word "HE" as used in this proposal will be understood to include the individual firm or corporation making the proposal. In case a firm shall be the bidder, it is understood that all statements herein contained shall apply to the firm and each member thereof.

The full name and residence of all persons and parties interested in the foregoing bid, as principals, are as follows:

Name Address

By: Title:

Dated: , 20 .

We hereby acknowledge receipt of Addendum # , dated .

By: Title:

00300-3

Storm & Sanitary Sewer Maintenance - 2026 These items are to be considered complete in place including all labor, material and equipment

1.1 Manhole Casting Adjustment 5 EA $ / EA $

1.2 Standard Manhole Casting Replacement in

paved area 2 EA $ / EA $

1.3 Watertight Manhole Casting Replacement in

paved area 1 EA $ / EA $

1.4 Manhole Inserts 5 EA $ / EA $

1.5

Manhole Rehabilitation, up to 8 ft. 5 EA $ / EA $

1.6 Manhole Rehabilitation, 8 ft to 15 ft. 5 EA $ / EA $

1.7 Manhole Rehabilitation, 15 ft to 25 ft 2 EA $ / EA $

1.8 Inlet Casting Replacement 1 EA $ / EA $

1.9 Concrete sidewalk (4") Restoration 80 SF $ / SF $

1.10 Concrete sidewalk (6") Restoration 200 SF $ / SF $

1.11 Concrete Curb Restoration 100 LF $ / LF $

1.12 ADA Curb Cut 4 LS $ / LS $

1.13 Temporary Street Restoration 25 SY $ / SY $

1.14 Permanent Street Restoration 25 SY $ / SY $

1.15 Lawn Restoration (seeding) 25 SY $ / SY $

1.16 Lawn Restoration (sodding) 25 SY $ / SY $

These items are to be considered force account (time & materials) for work not included in above list.

1.17 Foreman 40 HR $ / HR $

1.18 Laborer 120 HR $ / HR $

1.19 Equipment operator 80 HR $ / HR $

1.20 Truck driver 160 HR $ / HR $

1.21 Pick-up truck 120 HR $ / HR $

1.22 Dump truck 80 HR $ / HR $

1.23 Tri-axle dump truck 80 HR $ / HR $

1.24 Backhoe 40 HR $ / HR $

1.25 Excavator 8 HR $ / HR $

1.26 Loader 8 HR $ / HR $

1.27 Dozer 8 HR $ / HR $

1.28 Roller 8 HR $ / HR $

1.29 Air Compressor 40 HR $ / HR $

1.30 3" pump 8 HR $ / HR $

1.31 4" pump 8 HR $ / HR $

1.32 Road Plate 5 DAY $ / DAY $

1.33 Lighted Barricade 100 DAY $ / DAY $

1.34 4" pipe 10 LF $ / LF $

1.35 6" pipe 10 LF $ / LF $

1.36 8" pipe 10 LF $ / LF $

1.37 12" pipe 10 LF $ / LF $

1.38 18" pipe 10 LF $ / LF $

1.39 24" pipe 10 LF $ / LF $

1.40 36" pipe 10 LF $ / LF $

1.41 Stone 100 TN $ / TN $

1.42 Concrete (for encasements, etc) 25 CY $ / CY $

1.43 Dump fee 4 LOAD $ / LOAD $

Base Bid – January 1, 2026 to December 31, 2026 SUBTOTAL $

Storm & Sanitary Sewer Maintenance – (Optional Renewal) - 2027 These items are to be considered complete in place including all labor, material and equipment

1.1 Manhole Casting Adjustment 5 EA $ / EA $

1.2 Standard Manhole Casting Replacement in

paved area 2 EA $ / EA $

1.3 Watertight Manhole Casting Replacement in

paved area 1 EA $ / EA $

1.4 Manhole Inserts 5 EA $ / EA $

1.5

Manhole Rehabilitation, up to 8 ft. 5 EA $ / EA $

1.6 Manhole Rehabilitation, 8 ft to 15 ft. 5 EA $ / EA $

1.7 Manhole Rehabilitation, 15 ft to 25 ft 2 EA $ / EA $

1.8 Inlet Casting Replacement 1 EA $ / EA $

1.9 Concrete sidewalk (4") Restoration 80 SF $ / SF $

1.10 Concrete sidewalk (6") Restoration 200 SF $ / SF $

1.11 Concrete Curb Restoration 100 LF $ / LF $

1.12 ADA Curb Cut 4 LS $ / LS $

1.13 Temporary Street Restoration 25 SY $ / SY $

1.14 Permanent Street Restoration 25 SY $ / SY $

These items are to be considered force account (time & materials) for work not included in above list.

1.18 Laborer 120 HR $ / HR $

1.19 Equipment operator 80 HR $ / HR $

1.20 Truck driver 160 HR $ / HR $

1.21 Pick-up truck 120 HR $ / HR $

1.22 Dump truck 80 HR $ / HR $

1.23 Tri-axle dump truck 80 HR $ / HR $

1.24 Backhoe 40 HR $ / HR $

1.25 Excavator 8 HR $ / HR $

1.26 Loader 8 HR $ / HR $

1.27 Dozer 8 HR $ / HR $

1.28 Roller 8 HR $ / HR $

1.29 Air Compressor 40 HR $ / HR $

1.30 3" pump 8 HR $ / HR $

1.31 4" pump 8 HR $ / HR $

1.32 Road Plate 5 DAY $ / DAY $

1.33 Lighted Barricade 100 DAY $ / DAY $

1.34 4" pipe 10 LF $ / LF $

1.35 6" pipe 10 LF $ / LF $

1.36 8" pipe 10 LF $ / LF $

1.37 12" pipe 10 LF $ / LF $

1.38 18" pipe 10 LF $ / LF $

1.39 24" pipe 10 LF $ / LF $

1.40 36" pipe 10 LF $ / LF $

1.41 Stone 100 TN $ / TN $

1.42 Concrete (for encasements, etc) 25 CY $ / CY $

Optional Renewal – January 1, 2027 to December 31, 2027 SUBTOTAL $

00300-5

Storm & Sanitary Sewer Maintenance – (Optional Renewal) - 2028 These items are to be considered complete in place including all labor, material and equipment

1.1 Manhole Casting Adjustment 5 EA $ / EA $

1.2 Standard Manhole Casting Replacement in

paved area 2 EA $ / EA $

1.3 Watertight Manhole Casting Replacement in

paved area 1 EA $ / EA $

1.4 Manhole Inserts 5 EA $ / EA $

1.5

Manhole Rehabilitation, up to 8 ft. 5 EA $ / EA $

1.6 Manhole Rehabilitation, 8 ft to 15 ft. 5 EA $ / EA $

1.7 Manhole Rehabilitation, 15 ft to 25 ft 2 EA $ / EA $

1.8 Inlet Casting Replacement 1 EA $ / EA $

1.9 Concrete sidewalk (4") Restoration 80 SF $ / SF $

1.10 Concrete sidewalk (6") Restoration 200 SF $ / SF $

1.11 Concrete Curb Restoration 100 LF $ / LF $

1.12 ADA Curb Cut 4 LS $ / LS $

1.13 Temporary Street Restoration 25 SY $ / SY $

1.14 Permanent Street Restoration 25 SY $ / SY $

These items are to be considered force account (time & materials) for work not included in above list.

1.18 Laborer 120 HR $ / HR $

1.19 Equipment operator 80 HR $ / HR $

1.20 Truck driver 160 HR $ / HR $

1.21 Pick-up truck 120 HR $ / HR $

1.22 Dump truck 80 HR $ / HR $

1.23 Tri-axle dump truck 80 HR $ / HR $

1.24 Backhoe 40 HR $ / HR $

1.25 Excavator 8 HR $ / HR $

1.26 Loader 8 HR $ / HR $

1.27 Dozer 8 HR $ / HR $

1.28 Roller 8 HR $ / HR $

1.29 Air Compressor 40 HR $ / HR $

1.30 3" pump 8 HR $ / HR $

1.31 4" pump 8 HR $ / HR $

1.32 Road Plate 5 DAY $ / DAY $

1.33 Lighted Barricade 100 DAY $ / DAY $

1.34 4" pipe 10 LF $ / LF $

1.35 6" pipe 10 LF $ / LF $

1.36 8" pipe 10 LF $ / LF $

1.37 12" pipe 10 LF $ / LF $

1.38 18" pipe 10 LF $ / LF $

1.39 24" pipe 10 LF $ / LF $

1.40 36" pipe 10 LF $ / LF $

1.41 Stone 100 TN $ / TN $

1.42 Concrete (for encasements, etc) 25 CY $ / CY $

Optional Renewal – January 1, 2028 to December 31, 2028 SUBTOTAL $

00300-6

Street Maintenance - 2026

These items are to be considered complete in place including all labor, material, and equipment

2.1 Manhole Casting Adjustment 5 EA $ / EA $

2.2 Standard Manhole Casting Replacement in paved area 5 EA $ / EA $

2.3 Watertight Manhole Casting Replacement in paved area 1 EA $ / EA $

2.4 Temporary Street Restoration 25 SY $ / SY $

2.5 Permanent Street Restoration 25 SY $ / SY $

2.6 Bituminous Curb 50 LF $ / LF $

2.7 Speed Hump 4 EA $ / EA $

2.8 Milling and overlay 250 SY $ / SY $

2.9 ADA Curb Cut 4 LS $ / LS $

These items are to be considered force account (time & materials) for work not included in above list.

2.10 Foreman 40 HR $ / HR $

2.11 Laborer 160 HR $ / HR $

2.12 Equipment operator 80 HR $ / HR $

2.13 Truck driver 80 HR $ / HR $

2.14 Pick-up truck 80 HR $ / HR $

2.15 Dump truck 20 HR $ / HR $

2.16 Tri-axle dump truck 40 HR $ / HR $

2.17 Backhoe 40 HR $ / HR $

2.18 Excavator 8 HR $ / HR $

2.19 Loader 8 HR $ / HR $

2.20 Roller 40 HR $ / HR $

2.21 Vibratory Plate Tamper 40 HR $ / HR $

2.22 Air Compressor 40 HR $ / HR $

2.23 Road Plate 5 DAY $ / DAY $

2.24 Lighted Barricade 100 DAY $ / DAY $

2.25 Dump fee 5 LOAD $ / LOAD $

Year 1 – January 1, 2026 to December 31, 2026 SUBTOTAL $

Street Maintenance – (Optional Renewal) - 2027

These items are to be considered complete in place including all labor, material, and equipment

2.1 Manhole Casting Adjustment 5 EA $ / EA $

2.2 Standard Manhole Casting Replacement in paved area 5 EA $ / EA $

2.3 Watertight Manhole Casting Replacement in paved area 1 EA $ / EA $

2.4 Temporary Street Restoration 25 SY $ / SY $

2.5 Permanent Street Restoration 25 SY $ / SY $

2.6 Bituminous Curb 50 LF $ / LF $

2.7 Speed Hump 4 EA $ / EA $

2.8 Milling and overlay 250 SY $ / SY $

2.9 ADA Curb Cut 4 LS $ / LS $

These items are to be considered force account (time & materials) for work not included in above list.

2.10 Foreman 40 HR $ / HR $

2.11 Laborer 160 HR $ / HR $

2.12 Equipment operator 80 HR $ / HR $

2.13 Truck driver 80 HR $ / HR $

2.14 Pick-up truck 80 HR $ / HR $

2.15 Dump truck 20 HR $ / HR $

2.16 Tri-axle dump truck 40 HR $ / HR $

2.17 Backhoe 40 HR $ / HR $

2.18 Excavator 8 HR $ / HR $

2.19 Loader 8 HR $ / HR $

2.20 Roller 40 HR $ / HR $

2.21 Vibratory Plate Tamper 40 HR $ / HR $

2.22 Air Compressor 40 HR $ / HR $

2.23 Road Plate 5 DAY $ / DAY $

2.24 Lighted Barricade 100 DAY $ / DAY $

Year 1 – January 1, 2027 to December 31, 2027 SUBTOTAL $

00300-6

Street Maintenance – (Optional Renewal) - 2028

These items are to be considered complete in place including all labor, material, and equipment

2.1 Manhole Casting Adjustment 5 EA $ / EA $

2.2 Standard Manhole Casting Replacement in paved area 5 EA $ / EA $

2.3 Watertight Manhole Casting Replacement in paved area 1 EA $ / EA $

2.4 Temporary Street Restoration 25 SY $ / SY $

2.5 Permanent Street Restoration 25 SY $ / SY $

2.6 Bituminous Curb 50 LF $ / LF $

2.7 Speed Hump 4 EA $ / EA $

2.8 Milling and overlay 250 SY $ / SY $

2.9 ADA Curb Cut 4 LS $ / LS $

These items are to be considered force account (time & materials) for work not included in above list.

2.10 Foreman 40 HR $ / HR $

2.11 Laborer 160 HR $ / HR $

2.12 Equipment operator 80 HR $ / HR $

2.13 Truck driver 80 HR $ / HR $

2.14 Pick-up truck 80 HR $ / HR $

2.15 Dump truck 20 HR $ / HR $

2.16 Tri-axle dump truck 40 HR $ / HR $

2.17 Backhoe 40 HR $ / HR $

2.18 Excavator 8 HR $ / HR $

2.19 Loader 8 HR $ / HR $

2.20 Roller 40 HR $ / HR $

2.21 Vibratory Plate Tamper 40 HR $ / HR $

2.22 Air Compressor 40 HR $ / HR $

2.23 Road Plate 5 DAY $ / DAY $

2.24 Lighted Barricade 100 DAY $ / DAY $

Year 1 – January 1, 2028 to December 31, 2028 SUBTOTAL $

BID BOND

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

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

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the time specified therein after the opening of the same, and shall within 10 days after the Principal is notified by the Owner of the award of such Contract to him, enter into a written contract with the Owner, in accordance with the Bid as accepted; and give bond with good and sufficient surety or sureties as may be required for the faithful performance and proper fulfillment and labor supplied, if required in said Contract; or in event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required materials or supplies, or both, if the latter amount of the former, together with any other expenses and costs that may have been incurred by the Owner, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

WITNESSED BY:

(Individual Principal) (Name of Partner) (Business Address)

ATTEST:

(Corporate Principal) (Corporate Surety)

By:

(Business Address)

SEAL

(Power of Attorney for person signing for Surety Company must be attached to Bond.)

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation as Principal in the within bond; and that who signed the said bond on behalf of the Principal was then the of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested to for an in behalf of said corporation by the authority of its governing body.

(Corporate Seal)

We, the undersigned, will provide as Principal, a Performance and Payment Bond on the form provided, to the Owner in the penal sum of the Principal's bid for

(Surety)

(Address)

Date:

Signed:

(Attorney-in-fact)

NCA-1

NON-COLLUSION AFFIDAVIT

State of :

County of :

I, the undersigned, state that I am authorized to make this Affidavit on behalf of my firm, and its Owners, Directors and Officers. I am the person responsible in my firm for the price(s) and the amount of this Bid.

I state that:

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

Neither the price(s) nor the amount(s) of this Bid, and neither the approximate price(s) nor approximate amount(s) of this Bid have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before Bid opening.

No attempt has been made or will be made to induce any firm or person to refrain from bidding on this Contract, or to submit any intentionally high or competitive Bid or other form of Complementary Bid.

The Bid of my firm is made in good faith and not pursuant to any Agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid.

This firm, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last 4 years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state that this firm understands and acknowledges that the above representations are material and important, and will be relied on by the Owner in awarding the Contract(s) for which this Bid is submitted. I understand, and my firm understands, that any misstatement in this Affidavit is and shall be treated as fraudulent concealment from the Owner of the true facts relating to the submission of Bids for this Contract.

FIRM

NAME

TITLE

SWORN TO AND SUBSCRIBED BEFORE ME

THIS DAY 20 .

NOTARY PUBLIC

MY COMMISSION EXPIRES .

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this Bid. According to the Pennsylvania Anti-Rigging

Act, 73 P.S. §§ 1611 eq seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with Bids.

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

3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawfully and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the Bidder with responsibilities for the preparation, approval or submission of the Bid.

4. In the case of a Bid submitted by a joint venture, each party to the venture must be identified in the Bid Documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "Complementary Bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of Bids higher than the Bid of another firm, any intentionally high or noncompetitive Bid, and any other form of Bid submitted for the purpose of giving a false appearance of competition.

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

CA-1

CONTRACT AGREEMENT

THIS AGREEMENT made and entered into this day of , 20____, by and between the BOROUGH OF BROOKHAVEN, a municipal corporation and political subdivision of the Commonwealth of Pennsylvania, County of Delaware (hereinafter called “Borough”) and

(hereinafter called “Contractor”).

WITNESSETH

That for and in consideration of the sum of one dollar ($1.00), the receipt whereof is hereby acknowledged, it is mutually understood and agreed by and between the parties hereto as follows:

1. Contractor shall furnish all tools, labor, material and equipment necessary to do all the work for the total price of $ .

2. Contractor shall complete the work required by this contract in strict accordance with the specifications, plans and related documents incorporated by referenced thereto as part of the form of proposal.

Furthermore, all work required by this contract shall be completed in a first class workmanlike manner to the satisfaction and approval of the Engineer. Contractor further agrees to pay as liquidated damages the sum of five hundred dollars ($500.00) for each consecutive calendar day thereafter until the work is completed in accordance with the plans, specifications and related documents.

3. If Contractor fails to furnish the labor, tools, material and equipment needed to do all the work required by this Contract or fails to complete any work ordered in accordance with the terms of this Contract, then the Municipality may, upon three (3) days written notice to said Contractor, purchase the same elsewhere and cause the work to be done and charge the same to the account of the Contractor or the Municipality may, at its discretion, cancel the entire Contract for breach thereof by the Contractor and proceed to complete the work called for in said Contract or cause the same to be done by others and hold the Contractor responsible for the cost thereof.

4. 4. Before any work is commenced, contractor agrees to furnish to the municipality a performance bond in the sum of $ conditioned upon the faithful performance of this Contract, for the completion of the work herein mentioned to the satisfaction of the Municipality and the Municipal Engineer and for indemnifying the Municipality against all loss, damage, costs, including counsel fees sustained or incurred by the said Municipality for or by reason of any act, neglect or default on part of Contractor. Furthermore, Contractor shall furnish to the Municipality a Bond in the sum of $ conditioned on the payment of all monies due for labor and materials furnished in said work. Said Bonds shall be in such form and with such surety as may be approved by the Solicitor for the Municipality.

5. Contractor shall furnish to Municipality a Certificate from a reputable insurance company showing that the Contractor maintains Worker’s Compensation Insurance and Public Liability Insurance in amounts and with such companies as will be approved by the Solicitor for the Municipality before any work is commenced.

6. Final payment shall be paid to the Contractor after the Contractor first gives a release to the Municipality from all claims and demands whatsoever growing in any manner out of this Agreement and, secondly, the Contractor shall produce satisfactory evidence of the payment of all claims due for labor or materials furnished in performance of this Contract.

7. Contractor shall comply with the Act of the Legislature approved the 19th day of July, 1935, P.L. 1321, which provides that laborers and mechanics employed on the construction, alteration or repair of any public works shall have been residents of the Commonwealth for at least ninety (90) days and failure to comply with said provision shall be sufficient legal reason to refuse payment of the Contract price hereunder.

8. Contractor shall comply with the Act of the Legislature approved July 10, 1947, Section 1321, and the powers and penalties provided therein providing that there shall be no discrimination or intimidation by reason of race, creed or color against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates.

9. Contractor shall not assign by Power of Attorney or otherwise, or sublet the work or any part thereof without the previous consent of the Municipality. In order that Municipality may determine whether or not such consent shall be given, Contractor may submit to the Municipal Manager/Secretary, in addition to any other information required by this Contract, proof that the person, firm or corporation to which any of the work is to be assigned or sublet is fully covered by Public Liability Insurance, including coverage for all liabilities assumed under the Contract, as well as liability under the Pennsylvania Worker’s Compensation Act, as amended and supplemented.

10. This Agreement, together with the Contract documents listed below, form the Contract. Said documents are fully a part of the Contract and are attached hereto for that purpose.

i. Form of Proposal, Specifications and Project Manual;

ii. Performance Bond;

iii. Payment Bond; and

iv. Insurance Certificate.

IN WITNESS WHEREOF, the parties hereto have caused to be affixed their respective names and seals the day and year first above written.

WITNESS AT SIGNING: CONTRACTOR

Title Title

Funds have been allocated from by:

Account No.

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WORKER'S COMPENSATION AFFIDAVIT

STATE OF )

) ss:

COUNTY OF )

being duly sworn according to law disposes and says that (they, he, it) (has, have) accepted the provisions of the Worker's Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and (has, have) insured (his, their, its) liability thereunder in accordance with the terms of said Act with

(Company)

Type or Print Name of Contractor

BY: ______________________________

(Title)

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

(Notary Public)

My commission expires: _____________ (Date)

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PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

The Commonwealth of Pennsylvania enacted Act 127 of 2012, known as the Public Works Employment Verification Act (‘the Act’) which requires all public work contractors and subcontractors to utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work projects are authorized to work in the United States.

The Department defines a “Public Work” to be construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of twenty-five thousand dollars ($25,000) but shall not include work performed under a rehabilitation or manpower training program.

The Department of General Services’ Public Works Employment Verification Compliance Program is responsible for the administration, education and enforcement of the Public Works Employment Verification Act 127 of 2012. It provides contractors and subcontractors with educational outreach, conducts investigations when complaints are received and random audits to ensure compliance with the requirements of this Act.

Please direct your questions to the Public Works Employment Verification Compliance Office

Mail: Department of General Services Public Works Employment Verification Compliance Office Room 105 Tent Bldg.

18th & Herr Streets Harrisburg, PA 17125

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date

Business or Organization Name (Employer)

Address

City State_ Zip Code

Contractor Subcontractor ( c h e c k one)

Contracting Public Body Contract/Project No

Project Description

Project Location

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act ('the Act') through utilization of the federal E-Verify Program (EVP) operated by the United States Department of

Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, , authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

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PA ONE CALL SYSTEM, INC.

PROTECT YOURSELF

A PHONE CALL

CAN BE YOUR INSURANCE POLICY

A new way to call:

WHAT YOU DON’T KNOW CAN HURT YOU.

PENNSYLVANIA ACT 187 REQUIRES NOTIFICATION OF EXCAVATORS,

DESIGNERS, OR ANY PERSON PREPARING TO DISTURB THE EARTH’S

SURFACE ANYWHERE IN THE COMMONWEALTH.

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GENERAL CONDITIONS

SERVICE CONTRACT

ARTICLE 1 - DEFINITIONS

(A) The Contract Documents consist of the Notice to Bidders, Instructions to Bidders, Form of Proposal, Agreement, General Conditions for Service Contract, Special Conditions, including all modifications thereof incorporated in the documents. These form the Contract.

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

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

(D) The term "Sub-Contractor" as used herein includes only those having direct contact with the

Contractor and it includes one who furnished material worked to a special design according to the drawings and specifications of this work, but does not include one who furnished material not so worked.

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

(F) The term "Work" of the Contractor or Subcontractor includes labor or materials or both as may be directed during the maintenance period specified.

ARTICLE 2 - EXECUTION, CORRELATION AND INTENT OF DOCUMENTS

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

ARTICLE 3 - DRAWINGS/PLANS

(A) Copies if Furnished: Unless otherwise provided for in the Contract Documents, the Engineer may furnish to the Contractor, free of charge, copies of the Drawings, instructions, and/or requirements which are reasonably necessary for the execution of the work.

(B) Copies of the work: The Contractor shall keep one copy thereof any/all drawings, instructions and/or requirements on the work in good order available to the Engineer and his representative.

(C) Ownership of Plans: All drawings, specific requirements, and copies thereof furnished by the

Engineer are his property. They are to be returned to him on request at the completion of the work, or at the time of the performance period for the entire agreement.

ARTICLE 4 - CONTRACTOR'S UNDERSTANDING

It is understood and agreed that the Contractor is familiar with the municipality and has satisfied himself as to the nature of and location of potential work areas, the conformation of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work, general and local conditions, and all other matters which can in any way effect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this Contract, shall effect or modify any of the terms or obligations herein contained.

ARTICLE 5 - EXAMINATION AND APPROVAL

All work and materials shall be at all times subject to the examination of and approval by the Engineer or his duly authorized representatives. The Contractor shall provide reasonable and necessary facilities for such examination. If any work should be covered up without the approval or consent of the Engineer, if required by him, it shall be uncovered for examination at the Contractor's expense.

ARTICLE 6 - DEFECTIVE WORK AND MATERIALS

Defective work and materials may be condemned by the Engineer at any time before the final acceptance of the work. The Contractor shall remove at his own expense any work or material condemned and shall rebuild and replace the same without extra cost. Previous examination will not relieve the Contractor from the responsibility for good work and materials whether overlooked by the Engineer or caused by damage from any source whatsoever.

Failure to conform to the above may be cause to discontinue the work, and the Engineer and the Owner in his or its discretion may either remedy the work or may have the Contract completed by others and charge the cost thereof as money paid the Contractor.

ARTICLE 7 - MATERIALS, APPLIANCE AND EMPLOYEES

Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of acceptable quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials.

Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, light, power, transportation and other facilities necessary for the execution and prosecution of the work in an acceptable manner and at a satisfactory rate of progress. The equipment used on any portion of the work shall be such that no injury to adjacent property or highways will result from its use.

The Contractor shall employ such superintendents, foremen and workmen as are careful and competent, and the Engineer may demand the dismissal of any person employed by the Contractor in, about or upon the work, who shall be guilty of misconduct or be incompetent or negligent in the due and proper performance of duties, or who neglects or refuses to comply with the directions given, and such person shall not be employed again thereon without the written consent of the Engineer. Should the Contractor continue to employ or again employ such person, the Owner may withhold all estimates which are or may become due, or the Engineer may suspend the work, until such orders are complied with.

The superintendent shall not be changed, unless the superintendent proves to be unsatisfactory to the Contractor and/or ceases to be in his employ. The superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Other important directions shall be confirmed in writing to the Contractor. Other directions shall be confirmed on written request in each case.

ARTICLE 8 - ROYALTIES AND PATENTS

The Contractor shall pay all royalties and license fees entailed by the use of any patented equipment, materials or methods of construction. He shall defend all suits and claims for infringements of any patent rights and shall save the Owner harmless on account thereof, including any costs, council fees or any other expense harmless to which the Owner may be put by reason of his failure to defend such suit or suits.

ARTICLE 9 - SUPERVISION

The Contractor shall give sufficient supervision to the work, using his best skill and attention. He shall carefully study and compare any/all drawings, specifications, requirements when and if provided or other instructions and shall at once report to the Engineer any error, inconsistency or omission which he may discover, but he shall not be held responsible for their existence or discovery.

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ARTICLE 10 - CONTRACTOR LICENSE

The Contractor shall procure all licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. He shall obtain and furnish the Engineer all required certificates for work for which certificates are issued. The Contractor shall pay all State, County, Municipal and Public Utility fees for permits, licenses, taxes, etc.

ARTICLE 11 - INSTRUCTIONS

The Contractor shall not proceed with the work until he has made timely demand upon the Engineer for, and has received from his, such instructions as may be necessary for the work. The work shall be done in strict conformity with such instructions. Work done before the instructions are given by the Engineer shall be at the Contractor's risk.

ARTICLE 12 - DAMAGES TO PROPERTY

In case any direct or indirect injury is done to existing street or underground structures, sewers, mains, etc., or to public or private property of any kind or to any materials or fixtures, by or because of the work, in consequence of any act or omission on the part of the Contractor, his employees or agents, the Contractor at his own cost and expense, except when hereinafter specified otherwise, shall restore such structures, property, materials, etc., to a condition equal or similar to that existing before such damage or inquiry was done, by repairing or otherwise as may be directed by the Engineer, or shall make good such damage or injury in a satisfactory manner.

ARTICLE 13 - CONTRACTOR'S LIABILITY

The work in every respect, from the execution of the contract bond and during its progress until final acceptance, shall be under the charge and in the care of the Contractor and at his risk. He shall properly safeguard against any or all injury or damage to the public, any property, material or thing, and shall alone be responsible for any damage or injury from his undertaking of this work to any person or persons or thing connected therewith. He shall indemnify and save harmless the Owner and all its officers, agents and employees from all suits or actions at law of any kind, including all costs, attorney's fees and any expense whatsoever in connection with this work, and shall, if required, show evidence of settlement of any such action before final payment is made by the Owner.

ARTICLE 14 - WORKER'S COMPENSATION ACT

The Contractor shall accept, insofar as the work covered by this contract is concerned, the provisions of the Worker's Compensation Act of 1915 and any supplements or amendments thereto, including any which may hereafter be passed, and shall insure his liability from the Bureau of Worker's Compensation of the Department of Labor and Industry; and all contracts with subcontractors shall obtain the obligation given above insuring that they likewise will be bound in like manner.

The Contractor shall at all times indemnify and save harmless the Owner from all claims for Worker's Compensation which may be made by any of the employees of the Contractor or by any of the employees of any subcontractor to whom the Contractor may have let the performance of any part of the work embraced in this Contract, and the Contractor will appear for and defend the Owner against any and all such claims.

ARTICLE 15 - PUBLIC SAFETY

During the progress of the work the Contractor shall provide watchmen and lights, fences and barriers, temporary passageways, danger warnings and detour signs, and take precautions as may be necessary to protect life and property, unless otherwise notified by the Engineer in writing.

ARTICLE 16 - OBSERVANCE OF LAWS

The Contractor, at all times, shall observe and comply with all Federal and State laws and local ordinances and regulations which in any manner effect the conduct of the work and all such orders or decrees as exist at present and those which may be enacted later by bodies or tribunals having any jurisdiction or authority over the work and shall indemnify and save harmless the Owner and all its officers, agents and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself or his employees.

ARTICLE 17 - SERVING NOTICES

Any notice to be given to the Contractor under this Contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor, or his superintendent or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at this last known place of business.

ARTICLE 18 - SANITARY ACCOMMODATIONS

The Contractor shall provide and maintain in a neat and sanitary condition, such necessary accommodations for the use of his employees as may be approved by the Engineer and satisfactory to the sanitary authorities if the specific work duration exceeds forty-eight (48) hours. No public nuisance shall be committed.

ARTICLE 19 - SUBLETTING OR ASSIGNING CONTRACT

The Contractor shall not sublet, sell, transfer or otherwise dispose of the Contract or any portion thereof, or of the work provided for therein, except for the furnishing of materials, or of his right, title or interest therein to any person, firm or corporation without the consent of the Engineer. No such assignment or subcontract, even though thus consented to, shall relieve the Contractor from his liability under the Contract for the performance and completion of the work by the time and in the manner contracted for.

The provisions of the Contract as to performance by the Contractor shall apply to any Engineer approved subcontractor, his officers, agents or employees of the subcontractor in all respects as if he and they were employees of the Contractor and they shall be subject to the same provisions thereby as employees of the Contractor, and the work and material furnished by any subcontractor shall be subject to the provisions as if furnished by the Contractor.

ARTICLE 20 - RIGHTS OF VARIOUS INTERESTS

Whenever work being done by other Contractors or forces of the Owner is contiguous to work covered by this Contract, the respective rights of various interest…