BOROUGH OF DOYLESTOWN

10 DOYLE STREET

DOYLESTOWN, PENNSYLVANIA 18901

CONTRACT DOCUMENTS

FOR

SPRUCE STREET TANK REHABILITATION PROJECT

DOYLESTOWN BOROUGH

BUCKS COUNTY, PENNSYLVANIA

NOVEMBER 2026

ARRO CONSULTING, INC.

4259 W. SWAMP ROAD, SUITE 410

DOYLESTOWN, PA 18902

CONTRACT NO. 1314

INDEX

TITLE SECTION

Notice to Bidders NB

Location Map --

Form of Proposal FOP

Bidder’s Qualification Statement BQS

Bid Bond BB

Non-Collusion Affidavit NCA

Public Works Employment Verification PWEV

Agreement A

Bonding and Insurance Requirements BI

Performance and Maintenance Bond PMB

Labor and Material Payment Bond LMP

Non-Discrimination/Sexual Harassment Clause NDSH

Prevailing Minimum Wage Predetermination --

General Conditions --

Construction Specifications CS

Section I - Supplementary Conditions Section II - Tank Rehabilitation Section III - Measurement and Basis of Payment

Exhibit A - Commonwealth of Pennsylvania – Commonwealth Financing Authority – PA Small Water and Sewer Program Grant Documents, including Article V Compliance with Applicable Statutes and Regulations

Exhibit B- Temporary Project Acknowledgement Sign

Exhibit C- MBA Tank Evaluation Report(s)

Exhibit D- Public Water Supply Permit

NB-1

NOTICE TO BIDDERS

Sealed bids will be received by the Borough of Doylestown, hereinafter generally referred to as the Borough, on December 1, 2026 until 11:00 A.M. (Prevailing Time) via the PennBid Electronic Document and Bid Management Program and opened shortly thereafter. All documents and solicitation details will be available on or after November 3, 2026 at https://pennbid.bonfirehub.com. Bidders must register (a free process), then click the “Portal” then “Open Public Opportunities” tab.

CONTRACT NO. 1314

SPRUCE STREET TANK REHABILITATION PROJECT

DOYLESTOWN BOROUGH, BUCKS COUNTY, PENNSYLVANIA

This project involves interior/exterior surface preparation by abrasive blasting, priming, intermediate and finish coat painting, complete, of an existing 1,000,000 gallon standpipe water storage tank. Project will include containment as required for all surface preparation operations, and collection, removal, and disposal of all wash water, spent abrasives, and debris. Project includes foundation repairs consisting of exposing the concrete base 6" below grade, grout repairs, and application of CIM 1000 coating.

Project also includes base plate repairs, overflow pipe modifications, roof rafter repairs, weld repairs, miscellaneous appurtenance replacements including shell and roof manholes, handrails, ladders, vents, and SCADA antenna and conduit work.

Prospective bidders are advised that a pre-bid site meeting will be held for this project. It is recommended that all bidders inspect the site prior to submitting a bid to familiarize themselves with the tank and existing conditions at the project site. The pre-bid meeting and site visit will be on November 17, 2026 at 10:00 a.m.

The tank is located at the corner of Spruce and E. Court Street.

Bids must be made on the forms furnished by the Borough and must be accompanied by a certified check, bank draft or bid bond issued by a surety company licensed to conduct business in the Commonwealth of Pennsylvania, in the amount of at least ten percent (10%) of the total price bid made payable to the Borough.

The bidder’s attention is called to the fact that the Pennsylvania Prevailing Wage Act and the Pennsylvania Public Works Employment Verification Act apply to this Contract if the estimated cost of the project is in excess of $25,000. The successful bidder shall pay no less than the wage rates determined for the project area as set forth in the Contract Documents. The successful bidder must also ensure that employees and applicants for employment are (a) not discriminated against because of their race, color, religion, sex or national origin, or on any other basis on which discrimination is prohibited by any applicable federal, state or local laws and, (b) legally authorized to work in the United States.

NB-2

The successful bidder will be required to furnish separate bonds with corporate surety issued by companies authorized to do business in the Commonwealth of Pennsylvania on the prescribed forms dated the date of the Contract, or separate Federal or Commonwealth chartered lending institution irrevocable letters of credit in a form accepted and approved by the Borough, or separate restrictive or escrow accounts with such lending institutions pursuant to an escrow agreement accepted and approved by the Borough, each equal to one hundred percent (100%) of the Contract amount, to secure (a) the faithful performance and maintenance of the Contract; and (b) the prompt payment of materials and labor.

Bidders are advised that all applicable provisions of the Occupational Safety and Health Act (Public Law 91-596, dated December 29, 1970, latest revision) shall be strictly adhered to on this project.

Bids must be accompanied by a completed Bid Form, Bidder’s Qualification Statement, electronic copy of Bid Bond, executed Non-Collusion Affidavit and Public Works Verification Form as set forth in the Contract Documents.

Award of Contract, if a contract be awarded, will be to the lowest responsible bidder, but the Borough reserves the unqualified right to reject any or all bids and to waive any informalities. The Borough also reserves the right to delete any "item" or portion of an "item" contained in the Contract, at its discretion, once bids are received.

The project is partially funded through a Grant from the Commonwealth of Pennsylvania, Commonwealth Financing Authority, pursuant to the PA Small Water and Sewer Program, established pursuant to Sections 1774.1-A and 1774.1-A.1 of the Act of June 22, 2018 (P.L. 281, No. 42), known as the Fiscal Code.

Prior to awarding the Contract, bids may be held by the Borough for a period not to exceed sixty (60) days from the date of the bid opening for the purpose of reviewing the bids and investigating the qualifications of bidders. During this period, no bid may be withdrawn.

John Davis Borough Manager

ARRO CONSULTING, INC.

LOCATION MAP

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0 279 275 285

0 257

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181 187 201 211

191 201

238 248

122 251

292 298 0 306

122307 305299289277

185187

41 170 172 180 190 200 210 121

210 100

277261

235209

195187179

169155

143 161

171 173

229 258

1,000,000 GALLON TANK REHABILITATION

SPRUCE STREET TANK EDOYLESTOWN BOROUGH, PA

Legend 6" Water Main 8" Water Main Water Service Line

!> Hydrant Valve !> Street Valve G!. Fire Hydrant !( Curb Stop kj Water Storage Tank

^̀ Well Water Supply

200 0 200 400100 Feet

1 inch = 200 feet

SELNER LANE DOYLESTOWN CEMETERY

REF. No. 1314CKS Engineers, Inc.

Spruce Street Tank (1,000,000 Gallon Standpipe)

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PROJECT LOCATION

MECHANICS STREET

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E. COURT STREET

BELMONT AVENUE

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LACEY AVE.

NORTH ST.

N. MAIN ST.

FOP-1

FORM OF PROPOSAL

TO: Borough of Doylestown 10 Doyle Street Doylestown, PA 18901

FOR SUPPLYING ALL EQUIPMENT, MATERIAL AND LABOR NECESSARY

FOR

SPRUCE STREET TANK REHABILITATION PROJECT

IN

DOYLESTOWN BOROUGH, BUCKS COUNTY, PENNSYLVANIA

CONTRACT NO. 1314

Pursuant to, and in compliance with, your advertisement inviting proposals for "Spruce Street Tank Rehabilitation Project," Contract No. 1314, and having carefully examined the Contract Documents comprised of specifications, and all other documents bound herewith, together with all addenda and bulletins thereto, and being familiar with the site and the various conditions affecting the work, the undersigned bidder hereby offers to furnish all plant, labor, materials, supplies, equipment and other things necessary or proper or incidental to the work required by, and in strict accordance with, applicable provisions of the Construction Specifications and of all addenda or bulletins issued by Doylestown Borough and mailed to the undersigned prior to the date for the opening of bids, whether received by the undersigned or not, for the unit prices and amounts set forth in the following Bid Cost Schedule:

FOP-2

BASE BID COST SCHEDULE

SPRUCE STREET TANK REHABILITATION PROJECT

ITEM

NO.

*DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL ITEM

PRICE

Exterior abrasive blasting and painting (full SSPC-SP6 with 2A containment), complete.

SF 14,000

Interior abrasive blasting and painting (full SSPC-SP10), complete.

SF 15,250

Expose foundation 6” below grade, remove all loose or damaged grout and replace with non-shrink, non-metallic grout. Apply CIM 1000 or approved equal.

LS

Materials and labor for base plate repairs and replacement.

LS LS

Materials and labor for overflow pipe modifications. Remove existing vent gap and replace with a 3” air gap.

Install flared lower siphon and flanged upper discharge with neoprene rubber duckbill check valve.

LS LS

Materials and labor for installation of alternating horizontal supports on the overflow pipe.

LS LS

Replace existing 18” x 24” shell manhole. Furnish and install one (1) bolted 30” diameter shell manhole with external hinges or davit arm.

Furnish and install second bolted 30” diameter shell manhole with hinges or davit arm (180 degrees from new shell manhole).

Remove existing shell ladder, cage, and notched rail safety climb.

Furnish and install an OSHA compliant shell ladder.

LS LS

Furnish and install lockable 8’ aluminum ladder guard at base of new shell ladder.

LS LS

FOP-3

QUANTITY

UNIT

PRICE

TOTAL ITEM

PRICE

Furnish and install new galvanized flexible cable safety climb on new shell ladder. New safety climb shall extend vertically above the top shell ladder rung.

12 Removal of existing roof ladder. LS LS

Replacement of existing roof manhole. Furnish and install a 30” x 30” roof manhole with 6” rain lip and lockable hasp.

Removal of existing 10” diameter standard roof vent; furnish and install a 24” diameter flanged vent neck.

Install 24” diameter aluminum pressure vacuum (ABV) vent.

Furnish and install welded conduit clips on shell to right of ladder.

Relocate and remount SCADA antenna conduits on these clips.

Furnish and install a self-closing swing gate at shell ladder to handrail transition.

Removal of unused antennas. All attachments to be ground flush prior to blasting and painting operations.

Replace all stud welded attachments with fillet welded attachments for antennas still in use. Attachments to be ground flush prior to blasting and painting operations.

Replacement of roof rafters and metal weld repairs.

Removal of shell lugs and grind flush (est. 52).

FOP-4

QUANTITY

UNIT

PRICE

TOTAL ITEM

PRICE

Installation of new nuts and washers on silt stop bolts.

Materials and labor required for disinfection of the interior wet surfaces in accordance with AWWA C652.

TOTAL BASE BID AMOUNT

Written Amount

DOLLARS $ ______________________

*See Section III, “Measurement and Basis of Payment,” for a complete description of each pay item.

FOP-5

DETERMINATION OF BASE BID AMOUNT

MAJOR EQUIPMENT/MATERIAL MANUFACTURERS

Base Bid: Only the acceptable equipment/material manufacturers listed below shall be used in determining the BASE BID amount under this Contract. The Contractor shall utilize the products/equipment of the acceptable Base Bid equipment/material manufacturers listed on Page FOP-6 as the basis of the Base Bid Cost Proposal.

Substitution: Substitutions to the Base Bid equipment/material manufacturers listed on Page FOP-6 may be considered by the Borough after award. If the bidder desires to propose a substitution to the acceptable Base Bid equipment/material manufacturer, said substitute equipment/material manufacturer must be listed on Page FOP-6.

Prospective bidders are advised that the Borough may select any or all of the substitutions listed in the tabulation on Page FOP-6 after a contract is awarded. If the Borough selects any substitutions, the undersigned agrees to furnish and install the substitution(s) listed for the price adjustment indicated on Page FOP-6. The BASE BID amount will then be adjusted accordingly.

If a substitute bid proposal includes items of equipment/material of any manufacturer which may require any modification or deviation from the Contract Documents, the undersigned agrees to prepare and submit detailed drawings to the Engineer showing all modifications in structures, piping, electrical and mechanical work required to adapt the Contract Documents to the proposed substitute equipment/material. Prospective bidders are advised that the Engineer will review said detailed drawings of modifications and either approve them or indicate thereon changes necessary to comply with the project requirements. Detailed drawings which are not approved will be revised then resubmitted to the Engineer. The prices listed in the following tabulation are "installed" prices and take into consideration any of the changes that may be required.

FOP-6

BASE BID SUBSTITUTION SCHEDULE

LIST OF ACCEPTABLE BASE BID EQUIPMENT/MATERIAL

MANUFACTURERS

EQUIPMENT/MATERIAL ITEM

MANUFACTURER

Paint Materials TNEMEC Company, Inc.

LIST OF PROPOSED SUBSTITUTIONS

EQUIPMENT ITEM

SUBSTITUTIONS

MANUFACTURER

ADD/(DEDUCT)

AMOUNT ($) FROM

BASE BID

Paint Materials

FOP-7

The bidder understands that the determination of quantities for "Lump Sum" work is his responsibility and that determination is presented solely for the purpose of comparing bids.

For "Unit Price" work, he understands and agrees that the Borough may increase or decrease the quantity of work to be done under any item, or eliminate work entirely under the item(s).

He further agrees that in case of any error or inconsistency in the figures contained in the proposal, the lump sum and unit prices shall govern, and that if his proposal is accepted, the lump sum and unit prices contained in the proposal are the prices which he will receive and which the Borough will pay for the work specified to be done under the items, in the manner set forth and required by the Contract Documents, without recitation or repetition of said lump sum and unit prices in the Contract Agreement. The bidder further agrees that the award of the Contract will be made on the Base Bid items only. Equipment/material substitutions to the Base Bid equipment/material specified may be considered by the Borough after award of the Contract. If a substitution is approved, a Contract Change Order will be issued that will decrease or increase the Contract amount accordingly.

The bidder understands that this project and the attached Bid Cost Schedule include Add/Alternate bid items for potential additional improvements. It is mandatory for all bidders to submit prices for the Add/Alternate Cost Schedule items, as well as all other Cost Schedule items. The bidder also understands that award of the contract may be made based on the primary project Base Bid Cost Schedule items only, or any combination of the primary project Base Bid Cost Schedule items and selected Add/Alternate bid items, in which case the Total Bid Amount shall be adjusted accordingly.

Accompanying this proposal is a certified check ( ), bank draft( ) or bid bond ( ) in the amount of ten percent (10%) of the Total Base Bid Amount proposed under the above Bid Cost Schedule, payable to Doylestown Borough, Bucks County, Pennsylvania, which it is agreed will be forfeited to said Borough if the undersigned fails to furnish, after notification of intention to accept this proposal, on or before the date set for the award of contract(s), separate satisfactory financial security (consisting of separate bonds with corporate surety issued by companies authorized to do business in the Commonwealth of Pennsylvania on the prescribed forms dated the date of the Contract, or separate Federal or Commonwealth chartered lending institution irrevocable letters of credit in a form accepted and approved by the Borough, or separate restrictive or escrow accounts with such lending institutions pursuant to an Escrow Agreement accepted and approved by the Borough), each equal to one hundred percent (100%) of the Contract amount, to secure (a) the faithful performance and maintenance of the Contract; and (b) the prompt payment of materials and labor, or fails to execute the Agreement in conformance with the forms incorporated in the Contract Documents and furnish required insurance policies within seven (7) calendar days from the mailing of the notice of acceptance to the undersigned.

The bids received will be compared on the basis of the products of the quantities of items listed at the unit prices bid. In case of a discrepancy between the totals shown in the bid proposal and that obtained by adding the products of the quantities of items at the unit prices, the unit prices as written in the proposal shall govern. Should a unit price be omitted in the bid proposal for an item, the total item price shall govern and the unit price shall be determined to be the quotient of the total item price by the estimated quantity. The Borough reserves the right to correct all such errors or omissions.

FOP-8

In submitting this proposal, it is understood and agreed by the undersigned that the unqualified right is reserved by the Borough in its sole and absolute discretion, to accept any proposal or to reject any or all proposals and to waive defects or irregularities in any bid. It is further understood and agreed by the undersigned that any qualifying statements or conditions made by him to the above proposal as originally published, as well as any interlineation, alterations, erasures, omissions or entered wording obscure as to its meaning, may cause the bid to be declared irregular and may be cause for rejection of the bid.

If awarded a contract under this proposal, the undersigned (Contractor) agrees to start work at the site within seven (7) days after the date of written "Notice to Proceed." The undersigned further agrees to complete fully all work covered by the proposal to the point of final acceptance by the Borough within ninety (90) calendar days after the date of said "Notice to Proceed". The Borough has scheduled this work to occur within this timeframe to avoid the project from occurring over the summer months when water supply is critical. Should Contractor fail to complete all work or any part of the work by the specified completion date, then the Borough shall assess a liquidated penalty in the amount of two hundred fifty dollars ($250) per calendar day for each day the project remains incomplete. In addition to the liquidated penalty, Contractor shall be liable for all costs and fees incurred by the Borough, due to the overrun. These costs and fees include, but are not limited to, legal fees, engineering fees, inspection fees, insurance costs, administrative costs, interest and debt service charges. The total cost of the liquidated penalty and the additional incurred costs shall not exceed $2,000 per day. Should the overrun last thirty (30) days, then the Borough shall be entitled to obtain, from a Court of competent jurisdiction, injunctive or other equitable relief restraining Contractor from entering into any new contracts or beginning any new projects until the project which it undertook for the Borough is fully completed. Contractor shall be liable to the Borough for any and all monies spent in obtaining said injunction including, but not limited to, attorney's and engineer's fees. Additionally, should the overrun last sixty (60) days, then the Borough, upon five (5) days' written notice, may dismiss Contractor. Should the Borough dismiss Contractor pursuant to this Agreement, then the Contractor shall indemnify the Borough for all costs incurred including, but not limited to, the costs and fees of retaining a new contractor.

The undersigned understands and agrees that the Borough has the right to defer issuance of a "Notice to Proceed" for a period not to exceed thirty (30) days after the date of execution of the Agreement.

Payment for all work called for on the Contract Drawings and in the Construction Specifications or required for proper completion of the work under this Contract and not specifically mentioned in the Construction Specifications or noted on the Contract Drawings, will be considered as covered by the lump sum or unit prices, and no extra payments will be allowed therefore.

The undersigned certifies this proposal is in all respects genuine and not sham or collusive, nor made in the interest or in the behalf of any person, firm or corporation not herein named, and that there has been no attempt on the part of the undersigned by collusion to secure an advantage over any other bidder. The bidder must submit an executed copy of the NON-COLLUSION AFFIDAVIT which is attached hereto with these Contract Documents

FOP-9

and must be submitted in conjunction with this proposal.

The undersigned acknowledges receipt of the following addenda to the Contract Documents:

ADDENDUM DATED

ADDENDUM DATED

ADDENDUM DATED

ADDENDUM DATED

This bid may be withdrawn at any time prior to the scheduled time for opening of bids or any authorized postponement thereof.

FOP-10

TO BE COMPLETED BY BIDDER:

Date:

NAME OF BIDDER:

(Check One) Individual Partnership Corporation

Other (Identify)

By:

(Name and Title of Officer or Representative Authorized to Execute Proposal)

IF CORPORATION:Incorporated in Pennsylvania Yes No

If not incorporated in Pennsylvania, statement of qualification to do business in Pennsylvania must be attached to and made part of this proposal.

OFFICIAL ADDRESS:

(Zip Code)

TELEPHONE NUMBER: Area Code ( )

ATTEST:

(Seal) (Name and Title)

BQS-1

BIDDER'S QUALIFICATION STATEMENT

This document must be included as part of the bid submission. Failure to submit a fully completed and executed Bidder's Qualification Statement may be considered justification for rejection of the bid.

This Bidder's Qualification Statement is submitted with respect to the following project:

CONTRACT NO. 1314

SPRUCE STREET TANK REHABILITATION PROJECT

The undersigned certifies, under oath, the truth and correctness of all statements and of all answers to questions made hereinafter.

TO: PROJECT OWNER

Doylestown Borough 10 Doyle Street Doylestown, Pennsylvania 18901

Submitted by: Corporation

Name: Partnership

Address: Individual

Principal: Joint Venture

Other

1. Number of years your organization has been in business as a contractor.

2. Number of years your organization has been engaged in construction work of the type proposed under this Contract.

3. Number of years your organization has been in business under its present business name.

4. If a corporation, answer the following:

a. Date of incorporation:

b. State of incorporation:

c. President's name:

BQS-2

d. Vice President's name(s):

5. If individual or partnership, answer the following:

a. Date of organization:

b. Name and address of all partners: (state whether general or limited partnership)

6. If other than corporation or partnership, describe organization and name principals:

7. We normally perform % of the work with our own forces. List the portions of the work (i.e., trades, work items, etc.) included in the proposed Contract that will be performed by Subcontractors. Also list the name of the Subcontractor to perform that portion of work and the Subcontractor's address and telephone number. Failure to satisfactorily complete this section may result in disqualification of the bidder:

PORTION OF

WORK

SUBCONTRACTOR

NAME

SUBCONTRACTOR

ADDRESS

SUBCONTRACTOR

TELEPHONE

NUMBER

BQS-3

8. Have you ever failed to complete any work awarded to you? If so, note when, where and why.

9. List name of project, owner, architect, telephone contact numbers, contract amount, percent complete, any claims filed by subcontractors/suppliers and scheduled completion of comparable projects your organization has in progress on this date:

10. List names of pending projects for which contracts are executed, or Notice of Award is pending, but construction has not begun. Include name, type of project, owner, dollar amount, anticipated start and completion dates, engineer and telephone contact numbers:

11. List the names of at least five (5) projects of similar type (i.e., sanitary sewer, storm drainage, water supply, mechanical, etc.) and magnitude completed by your organization within the past four (4) years, the names of the owners, telephone contact numbers, respective contract amounts, dates of completion and the percent of work performed with own forces. Failure to satisfactorily complete this section may result in disqualification of the bidder:

BQS-4

12. List all projects contracted by your organization within the past four (4) years, the names of the owners, telephone contact numbers, respective contract amounts, dates of completion and the percent of work performed with own forces. Failure to satisfactorily complete this section may result in disqualification of the bidder:

13. List the construction experience (length and type) of the principal individuals of your organization who would be assigned to manage and supervise the proposed work under this Contract:

14. Provide the following references:

a. Bonding Company:

b. Bonding Agent: Phone #

c. Insurance Company:

d. Insurance Agency: Phone #

e. Bank (include name and contact):

f. Credit References (major material supplier):

BQS-5

15. Provide a copy (attach to this document) of a recent financial statement, as prepared by your auditor.

16. CERTIFICATIONS

a. This Bidder's Qualification Statement has been prepared on behalf of the following organization:

Name of Organization:

Name of Preparer:

Title of Preparer:

Date:

b. AFFIDAVIT

State of , County of , I, , being duly sworn, (Name of Official) according to law, depose and say that I am the

, of the above organization, (position) and that the responses provided in the Bidder's Qualification Statement, including any attachments thereto, are true, complete and correct to the best of my knowledge and belief.

(Signature of Official)

SWORN AND SUBSCRIBED

TO BEFORE ME

this date of , 20 .

NOTARY PUBLIC

BB-1

BID BOND

Know ALL MEN BY THESE PRESENTS, that we ________________________

AS PRINCIPAL and ___________________________________________________

__________________________________ , of the City of _________________

State of ____________________________, a corporation existing under the laws of the

State of __________________________, and authorized to transact business in the

Commonwealth of Pennsylvania, AS SURETY, are held and firmly bound unto

DOYLESTOWN BOROUGH, BUCKS COUNTY, PENNSYLVANIA, hereinafter called the OBLIGEE in the sum of _______________________________________Dollars

($_________) lawful money of The United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal or bid dated ______________________________, for

SPRUCE STREET TANK REHABILITATION PROJECT, CONTRACT NO. 1314.

NOW THEREFORE, the condition of this Bond shall be such that if the Principal shall furnish to the Obligee bonds with good and sufficient surety and insurance certificates and copies of the policies as may be required by the Contract Documents, and upon due acceptance of said Proposal and award of a contract to him by the Obligee, shall execute and deliver the Agreement, within the times, in the forms and in the amounts appropriate, required by the Contract Documents, then this Bond shall be void; otherwise, this Bond shall be and shall remain in full force and effect.

BB-2

The Principal and the Surety agree to pay the Obligee the difference between the amount of said proposal, as accepted by the Obligee, and any higher amount for which the required work shall be contracted for by the Obligee, together with any additional advertising costs, Engineer's fees, legal fees and any and all other fees and expenses incurred by the Obligee by reason of the failure of the Principal to enter into such Agreement with the Obligee, or to furnish such bonds, or to furnish such insurance certificates and copies of the policies; provided, however, that: (1) the obligation of the surety shall not exceed the stated principal amount of this Bond; and (2) if the Obligee should not procure an executed contract with any other person for the performance of the work contemplated in said proposal, as accepted by the Obligee, upon the same terms and conditions, other than price as provided in the Contract Documents, within the period provided in the Contract Documents during which no proposals of bidders may be withdrawn, whether because of the lack of other proposals, or because of the inability or refusal of any other bidder to enter into an appropriate contract, or because of the cost under any higher proposal would be greater than the Obligee shall determine, in its sole discretion, that it can afford, then the Principal and the Surety agree to pay to the Obligee the full amount of this Bond as liquidated damages.

It is the intention of the parties hereto to be legally bound by this instrument.

BB-3

IN WITNESS WHEREOF, the above bounded 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.

ATTEST:

Secretary Corporation-Contractor

(Affix WITNESS _______________________ Corporate

President Seal)

WITNESS (Seal) Individual-Contractor

Partnership-Contractor

WITNESS By _______________________ (Seal) Partner

_______________________ (Seal)

Partner

Business Address ________________________________________ of Bidder

ATTEST

WITNESS

Secretary _____________________________ Surety

(Affix Corporate Seal) _____________________________ Attorney-in-Fact*

* A Power of Attorney authorizing the Attorney-in-Fact to act for the Surety Company must be attached.

BB-4

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, ____________________________________________________________ certify that I am the ___________________________________ Secretary of the corporation named as PRINCIPAL in the written Bid Bond; that

___________________________________________ who signed the said Bid Bond on behalf of the PRINCIPAL was then of said corporation, that I knew his signature, and his signature thereto is genuine; and that said

Bid Bond was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

Corporate Seal

NCA-1

NON-COLLUSION AFFIDAVIT

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. Section 1617 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 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 prospective bidder, any intentionally high or non-competitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. A person's affidavit stating that the person has 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 within the last three years does not prohibit a governmental agency from accepting a bid or awarding a contract to that person, but may be a ground for administrative suspension or debarment in the discretion of a governmental agency under the rules and regulations of that agency, or, in the case of a governmental agency with no administrative suspension or debarment regulations or procedures, may be a ground for consideration on the question whether such agency should decline to award a contract to that person on the basis of a lack of responsibility.

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

NCA-2

NON-COLLUSION AFFIDAVIT

CONTRACT NO. 1314

SPRUCE STREET TANK

REHABILITATION PROJECT

Commonwealth of :

ss

County of :

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

I state that:

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

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

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or non-competitive 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 non-competitive bid.

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(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 State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

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I state that understands and (Name of my firm) acknowledges that the above representations are material and important, and will be relied on by Doylestown Borough 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 Doylestown Borough of the true facts relating to the submission of bids for this Contract.

(Signature of Official and Position)

SWORN AND SUBSCRIBED

TO BEFORE ME

this date of , 20 .

NOTARY PUBLIC

My Commission Expires (Notary Public)

PWEV-1

PUBLIC WORKS EMPLOYMENT VERIFICATION

1. On January 1, 2013, the Commonwealth of Pennsylvania enacted Act 127 of 2012, known as the Public Works Employment Verification 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.

2. The Pennsylvania Department of General Services defines a “Public Work” to be a 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 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 manpower or rehabilitation training program.

3. 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 (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.

4. Any questions pertaining to the Public Works Employment Verification Act (Act 127 of 2012) may be directed to the Public Works Employment Verification Compliance Office at the following:

Mail: Department of General Services Public Works Employment Verification Compliance Office Room 105 Tent Building 18th & Herr Streets Harrisburg, PA 17125

Fax: (717) 214-3669

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PUBLIC WORKS EMPLOYMENT VERIFICATION

INSTRUCTIONS FOR BIDDERS

1. All contractors submitting a bid for the proposed Public Work required under this

Contract are required to verify that all newly hired employees are authorized to work in the United States. Contractors and subcontractors must comply fully with the requirements of the Public Works Employment Verification Act (Act 127 of 2012) and must verify eligibility of all newly hired employees using the U.S.

Department of Homeland Security’s E-Verify internet program at the Department’s website (www.dhs.gov/e-verify).

2. Employment verification shall apply to all employees hired by the Contractor or subcontractor after January 31, 2012. Any employees hired after contract award and during the course of the Public Work contract shall be verified by the contractor or subcontractor within five (5) business days of his/her start date.

3. Prior to contract award, the successful contractor and any proposed subcontractor shall complete and submit to Doylestown Borough the accompanying Public Works Employment Verification Form.

4. All contracts between the Contractor and its subcontractors, and between all subcontractors and their respective sub-subcontractors, shall contain information about the requirements of the Public Works Employment Verification Act (Act 127 of 2012).

http://www.dhs.gov/e-verify

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AGREEMENT

SPRUCE STREET TANK REHABILITATION PROJECT

CONTRACT NO. 1314

THIS AGREEMENT, made and concluded this day of , 20 , by and between the Borough of Doylestown, hereinafter generally called the Borough, and:

(Name, Address and Telephone Number of Contractor) hereinafter generally called the Contractor.

WITNESSETH, that for, and in consideration of, the payments and agreements to be made and performed by the Borough, the Contractor, at its own proper cost and expense and with skill and diligence, will construct and complete all work included in the performance of:

CONTRACT NO. 1314, SPRUCE STREET TANK REHABILITATION PROJECT, in accordance with attached Contract Documents, and in full compliance with this Agreement.

And the Contractor agrees to receive the prices stated in the Form of Proposal attached in full compensation for furnishing all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper or incidental to the construction of all work contemplated in this Contract; the Contractor, for such consideration, shall be responsible for all loss or damage arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing materials, until their completion and acceptance.

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Notwithstanding any provisions in the General Conditions and Supplemental General

Conditions to the contrary, the following shall apply to this Contract:

The work on the Contract is to be commenced within seven (7) days from the date of

"Notice to Proceed" from Doylestown Borough, or its designee. The Contractor shall complete fully all work covered by the proposal to the point of final acceptance by the Borough within ninety (90) calendar days from date of the "Notice to Proceed”. The Borough has scheduled this work to occur within this timeframe to avoid the project from occurring over the summer months when water supply is critical. Should the Contractor fail to complete all work or any part of the work by the specified completion date, then the Borough shall assess a liquidated penalty in the amount of two hundred fifty dollars ($250) per calendar day for each day the project remains incomplete. In addition to the liquidated penalty, the Contractor shall be liable for all costs and fees incurred by the Borough, due to the overrun. These costs and fees include, but are not limited to, legal fees, engineering fees, inspection fees, insurance costs, administrative costs, interest and debt service charges. The total cost of the liquidated penalty and the additional incurred costs shall not exceed $2,000 per day. Should the overrun last thirty (30) days, then the Borough shall be entitled to obtain, from a Court of competent jurisdiction, injunctive or other equitable relief restraining the Contractor from entering into any new contracts or beginning any new projects until the project which it undertook for the Borough is fully completed. The Contractor shall be liable to the Borough for any and all monies spent in obtaining said injunction including, but not limited to, attorney's fees. Additionally, should the overrun last sixty (60) days, then the Borough, upon five (5) days written notice, may dismiss the Contractor. Should the Borough dismiss the Contractor pursuant to this agreement, then the Contractor shall indemnify the Borough for all costs

A-3 incurred including, but not limited to, the costs and fees of retaining a new contractor.

To prevent all disputes and litigations, it is agreed by and between the parties of this

Contract that the Engineer, subject to final approval of Doylestown Borough, shall, in all cases, determine the quality and quantity of the several kinds of work and materials which are to be paid for under this Contract, and he shall determine all questions in relation to lines, levels and dimensions of work and as to the questions of interpretation of the plans and specifications. The term "ENGINEER" shall mean ARRO CONSULTING, Inc., 4259 W.

Swamp Road, Suite 410, Doylestown, Pennsylvania 18902, or his duly appointed representative, or such other engineer as identified by the Borough.

The Engineer shall prepare, on a monthly basis, an estimate of the value of work completed during the previous monthly period. Within fifteen (15) days following the end of the monthly period, the Engineer shall certify this value to the Borough. During the first fifty percent (50%) of the Contract, the Borough shall retain ten percent (10%) of the amount of each progress payment. Once the Contract reaches fifty percent completion, the amount of retainage shall be reduced to five percent (5%) of the contract cost completed to date.

The processing of progress payments shall in no way be construed as an acceptance of the work by the Borough.

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The Contract Documents shall consist of the following:

NOTICE TO BIDDERS

LOCATION MAP

FORM OF PROPOSAL

BID BOND

NON-COLLUSION AFFIDAVIT

PUBLIC WORKS EMPLOYMENT VERIFICATION

AGREEMENT

BONDING AND INSURANCE REQUIREMENTS

PERFORMANCE AND MAINTENANCE BOND

LABOR AND MATERIAL PAYMENT BOND

NON-DISCRIMINATION/SEXUAL HARASSMENT CLAUSE

PREVAILING MINIMUM WAGE PREDETERMINATION

GENERAL CONDITIONS

CONSTRUCTION SPECIFICATIONS

EXHIBITS

ADDENDA

This Agreement, together with the other Documents, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated.

In the event of a conflict between the Standard General Conditions and any other

Contract Documents, the latter will apply so as to supersede the Standard General Conditions to the extent of the conflict.

The Contractor and the Borough, for themselves and their respective heirs, legal representatives, successors and assigns, hereby agree to the full performance of the covenants herein contained.

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IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT.

Owner: Doylestown Borough 10 Doyle Street Doylestown, Pennsylvania 18901

ATTEST:

BY:

Name and Title Name and Title (Seal)

Contractor

ATTEST:

BY:

Name and Title Name and Title (Seal)

BI-1

BONDING AND INSURANCE REQUIREMENTS

SPRUCE STREET TANK REHABILITATION PROJECT

CONTRACT NO. 1314

I. Financial Security

A. Each bidder must submit a Bid Bond in the amount of not less than ten percent (10%) of the Total Bid. The Bond must be in the form of a certified check, bank draft or bid bond issued by a Surety company licensed to conduct business in the Commonwealth of Pennsylvania. This Bond must be submitted with the proposal.

B. Bid Bonds for apparently unsuccessful bidders will be returned promptly after the opening of bids. The Bid Bond for the apparently successful bidder will be held until all bonding and insurance requirements of the Contract Documents have been met.

C. The apparently successful bidder must submit separate bonds with corporate surety issued by companies authorized to do business in the Commonwealth of Pennsylvania on the prescribed forms, dated the date of the Contract, or separate Federal or Commonwealth chartered lending institution irrevocable letters of credit in a form accepted and approved by the Borough, or separate restrictive or escrow accounts with such lending institutions pursuant to an escrow agreement accepted and approved by the Borough, each equal to one hundred percent (100%) of the Contract amount, to secure (a) the faithful performance and maintenance of the Contract; and (b) the prompt payment of materials and labor.

D. All bonds or other financial security submitted under the terms of this Contract shall be executed by one or more surety companies or Federal or Commonwealth chartered lending institutions acceptable to the Borough and legally authorized to do business in the Commonwealth of Pennsylvania. All bonds must be in the form set forth in these Contract Documents.

E. The Borough will not execute the Agreement until all required bonds or other authorized forms of financial security have been received and approved by the Borough and the Engineer.

II. Insurance

A. The successful bidder is required to maintain Worker's Compensation Insurance in accordance with the Pennsylvania Workers' Compensation Act (as amended by Act 57 of 1996). Proof of Workers' Compensation Insurance shall be submitted to the Borough. Workers' Compensation Insurance shall be in

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the amounts required by law, for all employees employed at the various sites under this Contract. However, in no event shall the amount of the Policy be less than $100,000 Each Accident, $100,000 Disease - Each Employee and $500,000 Disease - Policy Limit.

B. The successful bidder is required to maintain General, Automobile and Umbrella Liability Insurance in amounts no less than that shown on Page BI-4, a standard marked-up Certificate of Insurance. Unless otherwise allowed within these Contract Documents, the policy shall include, under General Liability, insurance coverage pertaining to explosion, collapse and underground hazard and the policy shall be specifically endorsed to eliminate any exclusions for explosion, collapse and underground hazard.

C. The successful bidder shall be liable and responsible, until final acceptance of the work, for any official or other authorized visitors to the work, or to other persons, and for all damages and injuries to all buildings, machinery, water courses or waterways, materials and appliances, and for all damages to any and all public, corporation or private property which may be occasioned by, or occur in, consequence of the work of the successful bidder, and full conformity to all of the specific requirements herein shall not relieve the successful bidder from the said liability and responsibility. The successful bidder shall assume all risks whatsoever as to all damages from the natural elements, fire, flood, trespass and from any and all other causes, and shall substantially protect accordingly all materials both before and after installation.

D. Any subcontractors that may be employed shall carry the same kinds of liability insurances in amounts not less than that required of the successful bidder under the Contract Documents. Furthermore, the insurance policy shall protect the Borough and the Engineer (to the extent allowed by the law) from claims arising from the execution of the work under the Contract, and under "Special Items" on the Certificate of Insurance, the Certificate shall contain the statement "Additional Insureds: Doylestown Borough, Commonwealth Financing Authority and ARRO Consulting, Inc."

E. Within seven (7) calendar days from the mailing of the notice of acceptance, the successful bidder shall submit copies of all policies and certificates of insurance for all coverages detailed above. The certification of insurance must clearly stipulate that the insurer will notify both the Borough and the Engineer, in writing, ten (10) days prior to the cancellation of the policy. The Borough will not execute the Agreement or issue the "Notice to Proceed" until all required insurance policies and certifications have been approved by the Borough and the Engineer.

F. The successful bidder shall indemnify, defend and hold the Borough harmless from, and against, all suits, claims, actions or judgments from any injury or damage sustained or alleged to have been sustained by any party or parties by reason of the use of defective material, furnished and delivered under the

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Contract to be awarded hereunder or by, or on account of, any act of omission or commission of any contractor, his, its or their agents or employees. If such action is brought against the Borough, the successful bidder will immediately take charge of, and defend it as his, its or their own, cost and expense. The Borough may, if it so desires, defend any such action and charge the expense of that defense to the successful bidder.

G. In the event that any blasting is…