1-1204 Acker Contract Documents .pdf

PROJECT MANUAL

1204 Acker Avenue Building Improvements Project

City of Scranton, Lackawanna County, PA

Prepared For:

NeighborWorks of Northeastern Pennsylvania

815 Smith Street

Scranton Pa 18504

Prepared By:

Pennoni Associates Inc.

672 N. River Street

Suite 313

Plains, PA 18705

Proj. No. NENOP25001 June 2026

ADVERTISEMENT

INSTRUCTION TO BIDDERS

FORM OF BID

FORM OF GUARRANTY

GENERAL AND SPECIAL CONDITIONS

CONSTRUCTION SPECIFICATIONS

FORM OF AGREEMENT

CONTRACT BONDS

SUPPLEMENTAL INFORMATION

NEIGHBORWORKS OF NORTHEASTERN PENNSYLVANIA

LACKAWANNA COUNTY, PENNSYLVANIA

1204 ACKER AVENUE RESDIENTAL IMPROVEMENTS PROJECT

June 14, 2026

PENNONI ASSOCIATES INC.

CONSULTING ENGINEERS

PLAINS, PA 18705

PROJECT NO. NENOP25001 SET NO.1

All documents prepared by Pennoni Associates are instruments of service in respect of the project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Pennoni Associates will be at Owner's sole risk and without liability or legal exposure to Pennoni Associates; and Owner shall indemnify, and hold harmless Pennoni Associates from all claims, damages, losses and expenses arising out of or resulting therefrom.

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TABLE OF CONTENTS NO.

A - ADVERTISEMENT A-1

B - INSTRUCTIONS TO BIDDERS B-1

C - FORM OF BID C-1

D - FORM OF GUARANTY D-1

E - GENERAL CONDITIONS

1. Definitions E-1

2. Other Contracts E-1

3. Sub-Contracts E-2

4. Mutual Responsibility of Contractors E-2

5. Fitting and Coordination of Work E-2

6. Superintendence by Contractors E-2

7. Permits, Licenses and Taxes E-2

8. Provisions Required by Law E-3

9. Protection of Work and Property E-3

10. Temporary Provision for Public Travel E-4

11. Shop Drawings E-4

12. Termination; Delays; and Liquidated Damages E-4

13. Inconsistent Specifications and Drawings E-5

14. Use of Premises E-6

15. Possession Prior to Completion E-6

16. Changes in the Work E-6

17. Claims for Extra cost E-8

18. Disputes E-8

19. Materials and Workmanship E-9

20. Samples, Certificates and Tests E-9

21. Changes in Equipment and/or Materials E-10

22. Patents E-10

23. Warranty of Title E-11

24. The Owner's Right to do Work E-11

25. The Owner's Right to Terminate Contract E-11

26. Damages E-12

27. Engineers Status E-12

28. No Estoppel or Waiver of Legal Rights E-12

29. Safety and Health Regulations (OSHA) E-13

30. Remedies E-13

31. Indemnification E-13

32. Sub-Surface Information E-14

33. Waiver of Responsibility for Sub-Surface Information E-15

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F - SPECIAL CONDITIONS NO.

1. Contract Security F-1

2. Contractor's Insurance F-1

3. Special Coverage Terms F-3

4. Progress Schedule F-4

5. Location of Utilities F-4

6. Inspection of Work F-4

7. Use of Explosives F-5

8. Night, Weekend and Holiday Work F-6

9. Payment to Contractor F-6

10. Correction of Work After Final Payment F-9

11. General Guaranty F-9

12. Office Space F-9

13. Sanitary Facilities F-9

14. Water F-9

15. Electricity F-9

16. Lines, Grades and Construction Surveying F-10

17. Contract Standards Act F-10

18. Rates of Wages F-11

19. Steel Products Procurement Act F-11

20. Act 287 F-11

Davis-Bacon Wage Rates

Nondiscrimination/Sexual Harassment Clause

Public Works Verification

HUD Addendum

Project Labor Agreement

G - CONSTRUCTION SPECIFICATIONS NO.

DIVISION 1 – GENERAL REQUIREMENTS

SECTION 01010 SUMMARY OF WORK

SECTION 01310 PROJECT MANAGEMENT AND COORDINATION

SECTION 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

SECTION 01700 PROJECT CLOSEOUT

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DIVISION 2 –TECHNICAL REQUIREMENTS

SECTION 02667 SITE WATER LINES

SECTION 02687 SITE GAS LINES

SECTION 02722 SITE STORM SEWERAGE SYSTEMS

SECTION 02732 SITE SANITARY SEWERAGE SYSTEMS

SECTION 02742 SITE ELECTRICAL SYSTEMS

H - FORM OF AGREEMENT H-1

CONTRACTORS RELEASE

STATEMENT OF SURETY

HOLD HARMLESS AFFIDAVIT

I - CONTRACT BONDS I-1

PERFORMANCE BOND

LABOR AND MATERIAL BOND

MAINTENANCE BOND

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A-1

A. ADVERTISEMENT

NeighborWorks Northeastern Pennsylvania

Scranton, Pa 18504

Notice is hereby given that NeighborWorks Northeastern Pennsylvania will receive sealed bids online via the

PennBid Program (www.PennBid.net) until 10:00 A.M, prevailing time on July 10, 2026, for the 1204 Acker

Avenue Buildings Improvements Project, at which time the Bids received will be opened via PennBID. The bids will be available for the public that same day.

1204 Acker Avenue Buildings Improvements Project

The project includes but is not limited to all labor, materials, tools, inspection, mobilization, disposal and oversight to complete the, residential home to include, plumbing, framing and minor electrical work located at 1204 Acker Avenue ````of Scranton.

All bidding documents will be available online at no cost at www.PennBid.net beginning on June 25, 2026 at

4:00 P.M.

Bids must be accompanied by a bid bond with a corporate surety authorized to do business in Pennsylvania, in accordance with the project specifications in the amount of 10% of the total bid amount.

PA Prevailing Wage Rates shall apply to this contract. There are no MBE/WBE requirements for this project.

There is no pre-bid meeting scheduled, but prospective bidders are urged to familiarize themselves with the site and review the scope of work and construction documents. The limits of work are marked out in white paint and included as notes on the project plans. Any contractor who does not do so and submits a bid does so at his own risk.

Following the due date and time, all bids received through PennBid will be opened online and referred to

NeighborWorks Northeastern Pennsylvania final award at their regularly scheduled Council meeting. An abstract of the bids received will be available to bidders on PennBid following the date and time that bids are due as indicated above.

Questions may be submitted through PennBid’s “Questions” tab on or before 2:00 P.M. on July 2, 2026

Responses will be provided via PennBid to all registered parties.

NeighborWorks Northeastern Pennsylvania reserves the right to accept or reject any or all bids or portions or to waive any informalities in bidding and to withhold award for a period of NINETY (90) days.

Bids must be submitted unconditionally.

No bidder may withdraw bid within NINETY (90) days after the scheduled closing time for receipt of bids.

NeighborWorks Northeastern Pennsylvania is an Equal Opportunity Employer.

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B. INSTRUCTIONS TO BIDDERS

1. BIDDER'S RESPONSIBILITY

Each bidder shall familiarize himself with all of the attached forms, Instructions, General

Conditions, Plans, Specifications, Drawings, et cetera (collectively “Contract Documents”), as he will be held responsible to fully comply therewith. Each bidder must visit the site of the work and acquaint himself with conditions affecting the work.

Bidders shall properly register on the PennBid site. They shall familiarize themselves with the PennBid web site, navigating the PennBid web site, requesting information, the PennBid bidding methodology, completing the PennBid bid form, and the uploading of required bid forms and surety certificates. If needed, it is incumbent upon bidders to request assistance in familiarizing themselves. Bidders are encouraged to contact either PennBid or Pennoni Associates, if assistance is needed.

2. DELIVERY OF BIDS:

Bids shall be collected electronically at PennBid™ (www.ebidexchange.com/pennbid). It is the responsibility of the bidder to complete in full their PennBid bid tab at least one minute prior to the time of opening. No bid shall be considered if it arrives after the time set for the receipt of bids. All required bid documents, as listed on PennBid website, must be uploaded at least one minute prior to the time of opening. PennBid website will automatically indicate when a bid document file has been successfully uploaded. Bidders must also acknowledge that the bid documents have been uploaded in their entirety. Bidders are encouraged to complete, scan, upload their bid document file, and complete their acknowledgement well ahead of bid opening time.

Bids shall be submitted through the PennBid website exclusively. No Bid will be opened that is hand delivered, mailed or transmitted by facsimile process. No paper bids will be accepted for this work, only electronic bids submitted through the PennBid program.

3. BULLETINS:

Bidders shall acknowledge receipt of all bulletins which have been issued during period of bidding and agree that said bulletins shall become part of this contract. The bidders shall list the numbers and issuing dates of the bulletins received and acknowledge same on the appropriate page provided in the Form of Bid section of these specifications.

4. BID GUARANTY:

Each Bid shall be accompanied by either a certified check or Surety Company's Bid Bond as specified herein under "ADVERTISEMENT", in an amount of not less than ten (10) percent of the base bid, which check or bond shall be payable to the Owner as payee or obligee, and shall be forfeited as liquidated damages if the bidder fails to execute the contract in conformity with the Agreement incorporated in the Contract Documents, and furnish bonds as specified, within ten (10) days after receipt of Contract Documents. Such checks or bid bonds will be returned, to all except the three lowest bidders immediately after the award, and the remaining unsuccessful bidders checks or bid bonds will be returned when the contracts executed by both parties are

B-2 delivered to the successful bidder.

5. METHOD FOR SUBMITTING BIDS:

No bid will be considered unless submitted upon the electronic bid form for the project via

PennBid. The blank spaces in the bid form shall be filled in correctly, where indicated, for each and every item for which a description is given, and the bidder must state the prices for which he proposes to do each part of the work contemplated. In case of discrepancy between the written words and the numerals, the written words shall be considered as being the bid price and the

Engineer shall correct the Contractor’s Bid Total in the Certified Tabulation of Bids.

The bidder shall submit his signed bid electronically in addition to uploading the associated signed forms to the PennBid website. If the bid is made by an individual, in addition to his signature, his complete post office address should be given. If made by a firm of partnership, the complete post office address of each member of the firm or partnership must be given. If made by a corporation, the person signing the bid should be the President or Vice President, attested by its Secretary or Treasurer, along with indication of its principal place of business.

If bidder has been incorporated in some state other than Pennsylvania, bidder shall state whether the corporation is registered to do business in Pennsylvania. If bidder operates under an assumed or fictitious name, he shall state whether such name has been registered in Pennsylvania.

No contract will be awarded to a bidder who is a foreign corporation or operating under a fictitious or assumed name unless he has complied or agreed to comply with the proper registration under the laws of this Commonwealth.

6. PROOF OF BIDDER'S RESPONSIBILITY:

On request, bidder shall file an experience questionnaire and financial statement with the Owner.

The questionnaire and statement shall be certified to be true and correct by an affidavit sworn to or affirmed before a notary public, or other officer empowered to administer oaths or affirmations.

Upon request, bidder shall prove that he has liquid assets, available for the project upon which he is bidding in an amount equal to fifteen percentum (15%) of the first $100,000.00 of the amount of the bid plus ten percentum (10%) of the next $900,000.00 plus five percentum (5%) of the remainder of the bid.

None of the following will be considered as liquid assets:

(a) Capital Stock of the Contractor.

(b) Accounts receivable against which assignments have been made.

(c) Equity in real estate.

(d) Life Insurance.

(e) Reserve representing pre-payment of taxes or other expenses.

(f) Deposits held as security for other contracts.

(g) Capital of proposed sub-contractors.

In addition to the financial qualifications, the bidder may be required to prove to the satisfaction

B-3 of the Owner that he has successfully completed a contract for similar work in an amount of not less than seventy-five percentum (75%) of the amount of the proposed contract.

The foregoing will guide the Owner in determining the responsibility of the bidder, but additional information may be requested by the Owner whenever in its judgment such information is necessary to determine the responsibility of the bidder.

In the event the bidder fails, refuses or neglects to submit any required information within the reasonable time stated in any request therefore or fails to qualify as a responsible bidder; his bid guaranty shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages.

7. CHANGES WHILE BIDDING:

During the bidding period, bidders may be furnished addenda or bulletins for additions to or alterations of the plans or specifications, if any, which shall be included in the work covered by the Bid and become a part of the contract documents.

If any prospective bidder on the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Engineer electronically through the PennBid website, a written request for an interpretation thereof. The bidder submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued electronically through the PennBid website. A broadcast e-mail indicating the posting of a new addendum will be sent to all valid e-mail addresses as listed on the PennBid site. A copy of such addendum may be downloaded at any time by each prospective bidder who has received a set of such documents. The Engineer and/or Owner will not be responsible for any other explanations or interpretations of the proposed documents.

8. BIDDER QUESTIONS:

The PennBid website allows for bidders to post questions and Engineer responses. The questions and responses shall be considered part of the bid documents and will be incorporated into the bid documents through a statement in an addendum.

9. BID OPENING PROCEDURE:

Sealed bids on projects will be received by the Owner via PennBid until the time stated in the "Advertisement" at which time all bids will be publicly opened and read. The Owner reserves the right to reject any or all bids, or parts thereof, as it may deem best for the interest of the

Owner.

10. COLLUSIVE BIDS:

The bid of any bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one bid in such manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a collusive bidder. The Owner may reject the bid proposals of any collusive bidder upon bid opening. Bidders may revise their bid electronically via PennBid at any time before the Bid due time.

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11. WITHDRAWAL OF BIDS:

A bidder may withdraw his bid any time up unto 1 minute prior to bid opening. After bid opening, no bidder may withdraw his bid within the time period indicated herein under

"ADVERTISEMENT". Requests for withdrawal of bids after bid opening due to clerical error shall be made in accordance with Commonwealth of Pennsylvania Act. No. 4 (S.B. 793).

12. AWARD OF CONTRACT:

The Owner shall have the right to reject any or all bids or any parts thereof, or items therein. The

Owner’s Solicitor shall have the right to waive technicalities for the best interests of the Owner.

If an award of Contract is made, it will be made to the lowest responsible bidder, based on the Base Bid or any combination of the Base Bid and any of the selected Add Alternates within the time period indicated herein under “ADVERTISEMENT” or if not specified, within 60 days of the bid opening.

Thirty (30) day extensions of time may be made by the mutual written consent of the Owner and the lowest responsible bidder. If the lowest bidder withdraws his bid or refuses or fails to proceed according to the Contract Documents, the Owner shall have the right to award the

Contract to the next lowest responsible bidder or to reject all bids and re-bid the Project.

13. EXECUTION OF CONTRACT

The individual, firm or corporation to whom or to which the contract has been awarded within ten (10) days after receipt of said documents shall sign and return to the Owner, the contract documents and substitute for the certified check, or bid bond, which accompanied the bid, a contract bond or bonds in the penal sum at least equal to the amount of such contract, for the faithful performance of the contract, and also an additional bond for labor and materials, in the penal sum at least equal to the amount of such contract, to cover the prompt payment in full for all materials furnished and labor supplied or performed, executed by a surety company or companies qualified to do business in the state where bid and a maintenance bond in the amount stipulated herein under "SPECIAL CONDITIONS". Each such bond shall be on the form approved by the Owners Solicitor.

The contract shall be executed by the Owner and the successful bidder within 30 days of the date the contract is awarded unless the time shall be extended by the mutual written consent of the Owner and the successful bidder.

No bids or awards shall be considered binding upon the Owner unless and until the contract documents are properly executed by both parties.

14. FAILURE TO EXECUTE CONTRACT:

If the lowest responsible bidder to whom the contract is awarded fails to submit bonds or execute

B-5 the contract within the time specified, the amount of the bid guaranty shall be paid to the Owner as liquidated damages. In such case the Owner, at his discretion, may award the contract to the next lowest responsible bidder, or reject all bids.

15. SUBLETTING OR ASSIGNING OF CONTRACT:

The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or any portion thereof, of his right, title or interest therein, without the written consent of the Owner.

16. REJECTION OF BIDS:

The right is reserved by the Owner at its discretion to reject any or all bids or parts thereof. Bids may be rejected if they show any omission, alterations of form, addition or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind, or any other reason as the Owner shall determine. However, the Owner reserves the right to waive any defects or irregularities on bids.

17. SUB-SURFACE INFORMATION:

If a prospective bidder desires to make borings or soundings or to dig test pits at or near the site of the work he shall do so at his own expense subject to written approval of the Owner. Before making any excavations, borings or sounding or digging test pits the bidder shall check the records for any municipal, public utility, or privately owned structures that may be disturbed and notify the OWNER(s) of such structures forty-eight (48) hours in advance of starting work. In Pennsylvania, notification per PA One Call requires notice prior to start of work by calling

1-800-242-1776. Bidders must obtain OWNER’S or ENGINEER’S permission three (3) working days before making any borings and shall close bore holes and test pits.

18. REQUIRED INFORMATION TO BE PROVIDED

A. BID DOCUMENTS

Information and Forms requested in the front end documents:

These documents are requested by the front end documents. The location of each document is provided within the parentheses:

1. Form of Bid (Completed via the PennBid site)

2. Bulletin Acknowledgment (Page D-1 and complete on the PennBid site)

3. Form of Guaranty (Page D-1 in addition to completing the Bid Bond)

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C. FORM OF BID

TO: NeighborWorks Northeastern Pennsylvania

Scranton, Pa 18504

Gentlemen:

This bid is submitted in accordance with your advertisement inviting bids to be received until 10:00

AM on the 10th day of July, 2026 for:

Having carefully examined the Contract Documents together with all Addenda or Bulletins, as prepared by the Engineers, and being familiar with the various conditions affecting the work, (including those under the General Conditions which provide for the payment of liquidated damages to the owner, hereafter set at $ 500.00 per calendar day, in the event the contract is not completed within the allotted time) the undersigned agrees to furnish all labor, materials and equipment to complete the project within 60 consecutive calendar days, all the necessary contract work, in accordance with said contract documents, for which the following units and/or lump sum prices are submitted.

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BID SCHEDULE NOTES:

I. GENERAL

A. Contractor BIDS shall include all costs associated with the proper removal and disposal of any hazardous wastes or materials present on the project site(s). The contractor will be responsible to employ the services of certified (PA DOL/ U.S.EPA) asbestos professionals during the demolition of these structures to properly field screen for the presence of asbestos containing materials. Any material believed to or determined to contain asbestos shall be disposed of properly. The contractor shall submit the following documentation to the

NeighborWorks of Northeastern Pa prior to final payment:

1. Qualifications and certifications for the abatement contractor hired for this project

2. Asbestos abatement contractor work plan and daily reports

3. Results of air monitoring performed during abatement activities.

4. Results of final clearance air monitoring samples.

5. All disposal records for asbestos containing materials.

6. All disposal records for any hazardous waste/materials removed from the subject properties.

7. Disposal records for all demolition wastes.

B. BIDS shall include all other applicable taxes and fees as determined by CONTRACTOR.

C. The total work to be performed under this contract shall be performed under the pay items listed on the bid form. Any equipment or materials called for in the Specifications or shown on the Drawings and necessary for the complete and satisfactory installation, but which are not specifically mentioned in this section, shall be included in the appropriate pay item by the CONTRACTOR at no additional expense to the OWNER. The CONTRACTOR shall provide all materials associate with the work.

D. It shall be understood that all pay items shall include the costs to the CONTRACTOR for tools, labor, equipment, insurance, workman’s’ compensation, licenses, permits, taxed, general overhead and profit, transportation, temporary utilities, startup and testing, and all other expenses incidental to or necessary for the prosecution of the work. It shall be further understood that all pay items shall include the costs for the loading, transporting, unloading, handling, storing and protecting of all furnished equipment and materials under the pay items, unless otherwise stated in the pay item.

E. The CONTRACTOR shall obtain all permits not obtained by the OWNER as may be required by local and other governmental agencies and pay the necessary fees and charges.

F. All traffic controls and flagging shall be incidental to the project.

G. All soil erosion control measures shall be incidental to the project unless specifically noted otherwise herein.

H. Contractor must provide proof of insurance listing NeighborWorks of Northeastern PA and Pennoni as additional insured.

I. Contractor must guarantee all work if free from defects for one year of final completion.

J. Contractor is responsible for the following:

• All mobilization/Demobilization and required hauling of materials

• All traffic controls and flagging

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• Demolition, removal, and proper disposal off-site of the following:

o Entire two-story structure including an attic and a basement with decks and porches.

o All debris located in and around the structures.

o Concrete footings and foundations, including slabs and basement walls to be removed in their entirety. Broken up concrete and masonry material less than 6” may be used as fill as approved by the engineer. No organic material may be used as backfill.

o Concrete and stone slabs, steps and sidewalks, except the public right-of-way walk.

o All shrubbery and bushes within the demolition limits and on the property line.

o All grass and weeds that has not been disturbed by demolition activity.

o Disconnect sanitary pipe and cap at the extent of excavation. Including coordination of utilities capping and abandonment.

o Disconnect water line and cap at the extent of excavation. Including coordination of utilities capping and abandonment.

o Disconnect gas line and cap at the extent of excavation.

o Coordination with the utility company for electric service disconnection and remove in its entirety.

o Coordination of capping and abandonment of any additional utilities.

o Fill in excavation with on-site fill and imported suitable fill.

o Grade the site to provide positive slope to the with suitable drainage areas, after excavations have been backfilled.

o Furnish and install 6” topsoil where suitable soil is not present and seed over the entire disturbed area. Provide suitable fill and/or topsoil as required for proper grading. Contractor is responsible to water and maintain grass seed and soil supplements until seed has germinated and is acceptable to the Engineer

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D. FORM OF GUARANTY:

Accompanying this Bid is a in the amount of

Dollars $ as bid security.

BULLETINS:

The bidder acknowledges receipt of the hereinafter enumerated bulletins which have been issued during period of bidding and agrees that said bulletins shall become a part of this contract. The bidder shall list below the numbers and issuing dates of the bulletins.

Bulletin No. Issuing Date

The undersigned hereby certifies that this Bid is genuine, and not sham or collusive, or submitted in the interest or on behalf of any person, firm or corporation not herein named, and has not, induced any other persons to refrain from biddings, and has not in any way sought by collusion to secure for himself an advantage over any other bidder.

FIRM NAME

ADDRESS

Official

By

TITLE

E-1

E. GENERAL CONDITIONS

1. DEFINITIONS:

The OWNER is the party referred to in the Advertisement and whenever the word Owner is used herein it shall refer to and designate the party of the first part of the contract contained herein.

The CONTRACTOR is the individual, group, partnership or corporation undertaking to do the work herein specified (including his or their heirs, legal representatives, successors or assigns) and is the party of second part of the contract contained herein.

The ENGINEER, the person, firm or corporation who is designated by the OWNER on the contract contained herein.

The CONTRACT DOCUMENTS consist of the Advertisement, Instructions to Bidders, Form of Bid, General and Special Conditions, Construction Specifications, Form of Agreement, Form of Bond, List of Contract Drawings, Standard Details and the plans.

A SUB-CONTRACTOR is an individual group, partnership or corporation, having a direct contract with the Contractor to furnish a special service, labor or material towards the completion for the

Contractors contract.

An INSPECTOR is an authorized representative of the Engineers and/or Owner, assigned to inspect the work performed and the materials supplied by the Contractor as to compliance with the Contract Documents.

The term WORK, used herein, includes all labor and/or materials, equipment and any other facilities necessary for the Contractor to complete the contract.

The term APPROVED, used herein, shall be held to mean as approved by the Engineer.

The term SUBSTANTIAL COMPLETION used herein shall be held to mean construction that is sufficiently completed in accordance with the Contract Documents and certified by the Engineer of the Owner, as modified by change orders agreed to by the parties, so that a project can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least 90% of the work on the project is completed.

NOTICE shall be deemed to have been duly served if written and delivered in person to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives notice.

2. OTHER CONTRACTS

The Owner may award, or may have awarded other contracts for additional work, and the Contractor shall cooperate fully with such other Contractors, by scheduling his own work with that to be performed under other contracts as may be directed by the Owner. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled.

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3. SUB-CONTRACTS

No part of the contract shall be sublet without the prior written approval of the Owner and setting forth requirements to be met.

4. MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts or neglect on the part of the Contractor, any other Contractors, or any subcontractor, shall suffer loss or damage on the work, the Contractor shall settle with such other

Contractor or subcontractor by agreement or arbitration, if such other Contractor or subcontractor will so settle. If such other Contractor, or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been so sustained, the Owner will notify this Contractor, who shall defend at his own expense any suit based upon such claim and, if any judgment or claims against the Owner shall be allowed, the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith.

5. FITTING AND COORDINATION OF WORK

The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or materialmen engaged upon this contract. He shall be prepared to guarantee to each of his subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work.

6. SUPERINTENDENCE BY CONTRACTOR

At all times during which work is being performed under or affecting this contract, the

Contractor shall keep a competent superintendent acceptable to the Engineer constantly on the site from the commencement of work under this contract until the completion thereof, who shall be constantly in touch with work and in all interlocking contracts affected thereby. The superintendent shall, in the absence of the Contractor, see that the instructions of the Engineer are carried out and all directions given such superintendent shall be as binding as if given to the Contractor.

7. PERMITS, LICENSES AND TAXES

The Contractor shall give all notice required by and comply with all applicable laws, ordinances, and codes of the Local Government, all construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawing and Detail Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Owner. Where the requirements of the Drawings and Detail Specifications fail to comply with such applicable ordinances or codes, the Owner will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the

Contract Price or stipulated unit prices.

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Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility varying with any applicable Ordinance or code, including any written waivers (not withstanding the fact that such installation is in compliance with the Drawings and

Detail Specifications) the Contractor shall remove such work without cost to the Owner.

The Contractor shall at his own expense, secure and pay to the appropriate department of the

Local Government the fees, or charges for all permits required by the local regulatory body or any of its agencies.

Permits for the opening and/or occupation of Township or Borough roads shall be obtained by the Contractor and State Highway permits shall be obtained by the Owner. However, all inspection fees and/or any other charges shall be borne by the Contractor, whether same is billed directly to him or to the Owner. Should any such bill be left unpaid by the Contractor, the Owner shall be empowered to pay such bills and the cost thereof deducted from any monies due or to become due the Contractor.

Whenever the proposed construction requires a sales tax, consumers use, or other similar tax, the contractor shall pay for same.

8. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein; and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion.

9. PROTECTION OF WORK AND PROPERTY

The Contractor shall provide adequate protection against injury or loss arising in connection with this contract for all his work and the property of the Owner. He shall make good any such damage, injury or loss, except such as may be due directly to errors in the drawings or specifications or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the specifications and drawings. He shall provide facilities for protection required by public authority or local conditions as passageways, guard fences, lights, etc.

The Contractor shall preserve and protect all trees, shrubs and grass on or adjacent to the site which do not reasonably interfere with the construction as may be determined by the Engineer and the Contractor shall be responsible for all unauthorized cutting or damaging or trees and shrubs, including damage due to careless operation of equipment, stockpiling of materials or tracking of grass areas by equipment. The Contractor shall remove only those trees designated by the Engineer to be removed.

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10. TEMPORARY PROVISION FOR PUBLIC TRAVEL

The Contractor shall perform his work in such a manner as to interfere as little as possible with the use of intersecting roads or adjoining property. No excavation shall be left open or other obstruction allowed to remain longer than is absolutely necessary; and the Contractor shall provide all safeguards and temporary passageways that may be necessary for the convenience and protection of all persons using said property either day or night.

11. SHOP DRAWINGS

The Contractor shall check and verify all field measurements and shall submit with such promptness as to cause no delay in his own work or in that of any other Contractor, three copies, checked and approved by him, of all shop or setting drawings and schedules required for the work of the various trades. The Engineers shall review, with reasonable promptness, such schedules and drawings only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The Contractor shall make any corrections required by the Engineers, file with him two copies and furnish such other copies as may be needed. The Engineers' review of such drawings or schedules shall not relieve the

Contractor from responsibility for deviations from Drawings or Specifications, unless he has in writing called the Engineers' attention to such deviations at the time of submission, and secured his written approval, nor shall it relieve him from responsibility for errors in shop drawings or schedules.

12. TERMINATION; DELAYS; LIQUIDATED DAMAGES

If the Contractor refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in these Contract Documents, or as modified as provided in these Contract Documents, the Owner, by written notice to the Contractor, may terminate the Contract and the Contractor's right to proceed with the work. Upon such termination, the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the

Contractor and his sureties shall be liable to the Owner for additional cost incurred by the Owner, as well as liquidated damages for any delay in the completion of the work as provided below. If the Contractor's right to proceed is so terminated, the Owner may take possession of and utilize in completing the work any materials, tools, equipment and plant on the site of the work as necessary to complete the project.

If the work is not completed within the time stipulated, including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Owner Liquidated Damages for each calendar day of delay, as set forth in the Form of Agreement, and the Contractor and his sureties shall be liable to the Owner for the amount thereof.

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The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with Liquidated Damages for any delays in the completion of the work due:

To any acts of the Government, including controls or restriction upon or requisitioning of materials, equipment, tools, or labor by reason or war, national defense, or any other national emergency;

To any acts of the Owner;

To causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault of negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and

To any delay of any subcontractor occasioned by any of the causes specified in sub-paragraphs above.

Provided, however, that the contractor promptly notified the Owner within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Owner shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Owner shall extend the time of completing the work for a period of time commensurate with the period of excusable delay.

Should the completion of the work be delayed beyond the time herein specified for completion for any reason other than the act of neglect of the Owner, or an approved extension of time, the Contractor shall pay the Owner the actual engineering expenses incurred by the Owner as a result of such delay and the Owner may deduct such engineering costs from any payments due or to become due the Contractor.

13. INCONSISTENT SPECIFICATIONS AND DRAWINGS

Anything mentioned in the Detail Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Detail Specifications, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Detail Specifications, the better quality or greater quantity of work or materials and the more stringent requirements shall be included in the bid, and unless otherwise ordered in writing, shall be performed or furnished.

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14. USE OF PREMISES

The Contractor shall confine his equipment, storage of materials and construction operations to the Contract Limits as shown on the Drawings and as prescribed by ordinances or permits, or as may be directed by the Owner, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. No material of any kind may be stored on

Borough, Township or State Roads.

The Contractor shall comply with all reasonable instructions of the Owner and the ordinances and codes of the Local Government regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades.

15. POSSESSION PRIOR TO COMPLETION

The Owner shall have the right to take possession or use any completed or partially completed part of the work, but such possession or use shall not be deemed an acceptance of any work not completed in accordance with the Contractor.

16. CHANGES IN THE WORK

The Owner may make changes in the scope of the work required to be performed by the

Contractor under the Contract or make additions thereto, or omit work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise in writing by the Owner.

Except for the purpose of affording protection against endangering life or property, the

Contractor shall make no changes in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services, or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Owner authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract price will be valid unless so ordered.

Where applicable, when unit prices are contained in the Bid, the Owner may order the Contractor to proceed with desired changes in the work. The value of such changes are to be determined by the measured quantities involved and the applicable unit prices specified in the Contract. The

Owner shall, before ordering the Contractor to proceed with desired changes, request an itemized bid from him covering the work involved in the change, following which the procedure shall be as follows:

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If the bid is acceptable, the Owner will prepare the change order in accordance therewith for acceptance by the Contractor and;

If the bid is not acceptable, and prompt agreement between the two parties cannot be reached, the Owner may order the Contractor to proceed with the work on a COST OF WORK basis.

Payment under COST OF WORK will be for the actual and necessary direct cost of the work in accordance with the orders of the Engineer, and in addition thereto the percentage of such cost hereafter stated. "Actual and necessary direct cost" shall be deemed to include the following:

(1) The actual expenditure for labor for the time actually engaged in the work, including the distributed cost of foreman in direct charge of such labor and insurance, taxes and other payments applicable to such labor.

(2) The actual expenditure for materials used up or incorporated in the work.

(3) A reasonable hourly, weekly or monthly rental as applicable, as determined by the

Engineers, for use of motor trucks and special equipment such as power-operated shovels, cranes, drills, paving breakers, etc. (but not including small hand tools), at a rate not to exceed the current local rate charged for the type of equipment used, for the time that such equipment is required on the work for the performance of COST OF WORK EXCLUSIVELY. The rental price shall be for the equipment provided on the work and shall include transportation to and from the work, fuel, power, lubricants, operating tools, repairs, depreciation, replacements, and the sharpening of drills and other tools required to keep them in the best working condition.

To the actual and necessary direct cost of the work done under COST OF WORK as noted above, fifteen (15) percent will be added to the expenditure for labor as set forth in sub-paragraph (1) above and then (10) percent will be added to the expenditure for materials. No additions will be allowed to the rental of trucks, and special equipment. These percentages, and the rental price for equipment furnished, shall be deemed to cover the cost of heat, light, use and upkeep of small hand tools, administration, engineering, superintendence, all loss, damage, risk, and expenses incidental to the work and profit. The Contractor shall have no claim in excess of the above, such payments being in full compensation for the performance of such work and the furnishing of such materials and for all expense in connection therewith and incidental thereto.

Should the Contractor sublet any portion of the work to be executed under COST OF WORK payment for that portion will be computed as the actual and necessary direct cost as defined above, exclusive of any profit to the subcontractor, plus the percentages allowed, plus five (5) percent of the total paid to the sub-contractor.

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The Contractor shall submit daily a statement in duplicate of work done on a COST OF WORK basis within twenty-four hours of the time the work is done, and representatives of the Engineer and the Contractor shall make daily comparison of the time and rates of labor, material used, etc., as given therein. After correction, if necessary, this comparison shall be signed by each and filed with the Engineer and the Contractor. The Contractor shall submit to the Engineer monthly, prior to each current estimate, four copies of an itemized statement of the amount and value of labor and materials furnished, accompanied by the original receipted bills for commodities purchased or for work performed under a subcontract, and by an affidavit certifying the correctness of the said statement. The Engineer shall have access to any books, vouchers, records, and memoranda showing the labor employed and the materials actually used on the specific operation and the actual net cost thereof.

17. CLAIMS FOR EXTRA COST

If the Contractor claims that any instructions by Drawing or otherwise involve extra cost or extension of time, he shall, within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Owner, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made.

Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall at once be reported to the Owner and work shall not proceed except at the Contractor's risk, until written instructions have been received by him from the Owner.

If, on the basis of the available evidence, the Owner determines that an adjustment of the

Contract Price and/or Time is justifiable, the procedure shall then be as provided herein.

18. DISPUTES

All disputes arising under this Contract or its interpretation, whether involving law or fact or both, or extra work and all claims for alleged breach of contract within (10) days of commencement of the dispute be presented by the Contractor to the Owner for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claims in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the work as directed. Any claim not presented within the time limit specified within this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt by the Owner of notice thereof.

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The Contractor shall submit in detail his claim and his proof thereof. Each decision by the governing body of the Owner will be in writing and will be mailed to the Contractor by registered mail, return receipt requested.

If the Contractor does not agree with any decision of the Owner, he shall in no case allow the dispute to delay the work but shall notify the Owner promptly that he is proceeding with the work under protest and he may then accept the matter in question from the final release.

19. MATERIALS AND WORKMANSHIP

Unless otherwise specifically provided for in the Detail Specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for their purpose. Where equipment, materials, articles or workmanship are referred to in the Detail Specifications as "Equal To" any particular standard, the Engineer shall decide the question of equality.

The Contractor shall furnish to the ENGINEERS for review the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, which he contemplates installing together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for review as required full information concerning proposes all other materials or articles which he proposes to incorporate in the work.

Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejections.

Materials specified by reference to the number or symbol of a specific standard, such as an A.S.T.M. Specification, a Federal Specification or other similar standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in such reference. The standards referred to, except as modified in the Detail Specifications, shall have full force and effect as though printed therein.

The Owner may require the Contractor to dismiss from the work such employee or employees as the Owner or…