CONTRACT SPECIFICATIONS AND DOCUMENTS

FOR

LENNI PARK – PHASE 1 IMPROVEMENTS

in

MIDDLETOWN TOWNSHIP,

DELAWARE COUNTY, PENNSYLVANIA

PREPARED FOR:

MIDDLETOWN TOWNSHIP

PREPARED BY:

KELLY ENGINEERS AND

SURVEYORS

30 LACRUE AVENUE, SUITE 201

GLEN MILLS, PA 19342

(610) 358-9363

MAY 2026

TABLE OF CONTENTS

SECTION I - BID AND CONTRACT DOCUMENTS

Notice To Contractors Instructions to Bidders

SPECIAL CONDITIONS

General Contract Conditions Proposal Form Schedule of Prices Statement of Bidder's Qualifications Noncollusion Affidavit Bid Bond Payment Bond Performance Bond Workmen's Compensation Affidavit Form of Agreement Contractor's Release Maintenance Bond Notice of Award Notice to Proceed

SECTION II - TECHNICAL SPECIFICATIONS

Pennsylvania One Call System Project Permits Contract Drawings

SPECIAL PROJECT NOTES

APPENDICES

Appendix 'A': Project Location Map Appendix 'B': NEW SOFTBALL FIELD CONSTRUCTION SPECIFICATIONS ... 102 Appendix 'C': Pennsylvania Prevailing Wage Act 442 Prevailing Wage Rates Appendix 'D': Soil Testing Information Appendix 'E': Public Works Employment Verification Form Appendix 'F': Permanent Sign Requirements (To Be Completed By Others)

SECTION I

BID AND CONTRACT DOCUMENTS

NOTICE TO CONTRACTORS

MIDDLETOWN TOWNSHIP, DELAWARE COUNTY

Sealed bids will be received online via the PennBid Program by Middletown Township, Delaware County, until 10:00 A.M. on June 1, 2026. Proposals will be considered for award by Middletown Township Council at their meeting to be held at 7:00 P.M. on June 3, 2026 for:

LENNI PARK – PHASE 1 IMPROVEMENTS

This project is Phase 1 of Lenni Park Improvements consisting of the reconstruction and renovation of Middletown Township’s Lenni Park and includes the following: Demolition of existing softball field and multi-court, installation of storm sewer and stormwater management facilities, bulk grading, tree removal, erosion and sedimentation controls, asphalt and stone pedestrian trail, grading of the earth pad for a future multi-court surface, installation of softball field amenities, installation of buffer trees, installation of fence, concrete surfaces, the screening, sifting and amendment of topsoil, installation of grass sod, laser grading, installation of temporary irrigation facilities, quality assurance testing, compaction testing, Professional Land Survey Services and finish grading and seeding.

All Bidding Documents are available online at no cost at www.PennBid.net

Sealed bids must be submitted online and must be accompanied by a Noncollusion Affidavit, Statement of Bidder’s Qualifications form, Proposal Form and a Certified, Bank Cashier’s, or Treasurer’s Check or Bid Bond with Corporate Surety satisfactory to the Township in an amount not less than ten percent (l0%) of the total bid price, payable to the Township.

Attention of bidders is called to all of the requirements contained in this bid packet, particularly to insurance requirements, workmen’s compensation requirement, various equal opportunity provisions, and the requirement for a Payment Bond and Performance Bond for 100% of the Contract Price, with a corporate surety approved by the Township. Insurance coverage in accordance with the Contract Specifications must be maintained by the bidder during the entire construction period and maintenance period. This Contract is subject to Pennsylvania Prevailing Wage Act 442 and that the successful bidder shall pay no less than the State wage rates determined for the project area as set forth in the Contract Documents. The Contractor who has been successfully awarded the Contract shall complete work within one-hundred and twenty (120) calendar days from the Notice to Proceed.

No bidder may withdraw his/her bid within one-hundred and twenty (120) calendar days after the actual date of opening thereof, except that requests for withdrawal of bids after bid opening due to clerical and unintentional substantial arithmetical error or unintentional omission of required work elements shall be made in accordance with Commonwealth of Pennsylvania Act No. 4 of 1974, 73 P. S. §§ 160l – 1608, and other generally applicable law of the Commonwealth of Pennsylvania. Middletown Township reserves the unqualified right to reject any and all bids and to waive any informalities. Middletown Township is an equal opportunity employer and does not discriminate on the basis of race, religion, color, creed, sex, or national origin.

John McMullan Township Manager

Ad. 5/18/2026 & 5/25/2026

INSTRUCTIONS TO BIDDERS

1. RECEIPT AND OPENING OF BIDS: Middletown Township, Delaware County (herein called the "Owner" or the “Township”), will receive sealed bids online via the PennBid Program (www.PennBid.net) Bids may be submitted until 10:00 A.M., June 1, 2026.

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof.

Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within one-hundred and twenty (120) calendar days after the actual date of the opening thereof, except that requests for withdrawal of bids after bid opening due to clerical and unintentional substantial arithmetical error or unintentional omission of required work elements shall be made in accordance with Commonwealth of Pennsylvania Act No. 4 of 1974, 73 P. S. §§ 160l – 1608, and other generally applicable law of the Commonwealth of Pennsylvania.

2. PREPARATION OF BID: Each bid must be submitted online via the PennBid Program and accompanied by a Bid Bond, Certified Bank Cashier or Treasurer’s Check, or Letter of Credit, the Noncollusion Affidavit, Proposal Form and Statement of Bidder’s Qualifications form including declaration of any Subcontractors to be utilized on the project.

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5. METHOD OF BIDDING AND AWARD OF BID: The Owner invites unit price/lump sum price bids as indicated in the Schedule of Prices.

a. If the lowest total responsive bid received exceeds the amount of funds available to finance the Contract, the Owner may:

1. Reject all bids;

2. Augment the funds available in an amount sufficient to enable award to the lowest responsive bidder or bidders;

3. Take the base bid less the alternative(s) deductible (if any) as listed on the proposal form as to produce a net amount which is within available funds.

4. Reduce quantities as listed on the proposal form as to produce a net amount which is within available funds to enable award to the lowest responsible bidder or bidders.

b. The low bidder for purposes of the award of the Contract shall be the responsible qualified Bidder offering the lowest aggregate price for the base bid (consisting of the lump sum bid and any associated unit price bids extended by the applicable number of units shown on the Schedule of Prices for all items) plus any alternate bid items so desired to be awarded by the Township.

c. In the event of any conflict between any total set forth in any bid and the amount obtained by multiplying the unit prices bid by the applicable units shown on the Schedule of Prices for all items plus the amounts bid for all Lump Sum items, the total obtained by multiplying the unit prices bid by the applicable units shown on the Schedule of Prices for all items plus the amounts bid for all Lump Sum items shall control over any inconsistent total price listed in the bid, and the Township reserves the right to correct any errors or omissions made by any bidder in extending any unit price by the number of units shown in the Schedule of Prices or in adding any Lump Sum amounts and properly extended unit prices multiplied by the units shown in the Schedule of Prices.

d. The Township reserves the right to reject all bids for any reason the Township sees fit in its absolute discretion, and the Township reserves the right to seek new bids for the work involved in this solicitation for bids, either on these same terms or on other terms as the Township determines in its best interest.

e. A conditional award of contract(s) will be made by the Township within sixty (60) days of bid opening. Upon notification of conditional award, required performance and payment bonds, insurance information and workmen’s compensation affidavit must be submitted to the Township within fifteen (15) days. When submitted information is deemed acceptable by the Township, the contract/proposal will be executed by the Township and a written “Notice to Proceed” will be issued.

6. QUALIFICATIONS OF BIDDER: The Owner may make such investigations as he/she deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. “Statement of Bidder’s Qualifications” document must be included as part of the Bid submission. Failure to submit a fully completed and executed “Statement of Bidders Qualifications” may be considered justification for rejection of bid. The Owner reserves the right to consider as unqualified to do the work of general construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the Improvements embraced in this Contract. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted.

7. BID SECURITY: Each bid must be accompanied by cash, certified bank cashier or treasurer’s check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within one-hundred and twenty (120) calendar days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he/she has not been notified of the acceptance of his/her bid. Attorneys-in-fact who sign bid bonds or Contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

8. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT: The successful bidder, upon his/her failure or refusal to execute and deliver the Contract and bonds required within twenty (20) days after he/she has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bid.

9. CONDITIONS OF WORK: Each bidder must inform himself/herself fully to the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his/her obligation to furnish all material and labor necessary to carry out the provisions of his/her contract. Insofar as possible, the contractor in carrying out the work must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

10. OBLIGATION OF BIDDER: At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Drawings and Contract Documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his/her bid.

11. EXAMINATION OF SITE: Each Bidder is directed to visit the site of the proposed work and fully acquaint himself/herself with the existing conditions there relating to construction and labor and should fully inform himself/herself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself/herself with the Contract Drawings, Technical Specifications, and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint itself with the conditions there existing, and the Township will be justified in rejecting any claim based on facts regarding which he/she should have been on notice as a result thereof. Each bidder shall judge for himself/herself as to all the circumstances affecting the cost and progress of the work and shall assume all patent and latent risks in connection therewith.

12. SOIL CONDITIONS: Subject to the convenience of the Owners, prospective bidders will be permitted to explore the site by making borings or digging test pits. In such event, the work shall be done at the sole expense and risk of the bidder, and he shall maintain and restore the site to original condition. The Owner does not guarantee the accuracy of any information or samples which it may have obtained from test borings or otherwise as to the kind or condition of the soil that may be encountered in the prosecution of the proposed work, neither does the Owner represent that the Contract Drawings and Contract Specifications drawn are based upon any data obtained. The Owner does not make any representation as to the soil which may be encountered or of soil or water which underlies the work or is adjacent thereto, including any difficulties that may be due to quicksand, or other unfavorable conditions that may be encountered in the work, whether apparent upon surface inspection or disclosed in the process of carrying forward the work. All rock excavation/removal is “unclassified” and shall be incidental to grading, utility, landscaping, and structure installation.

13. WORKING FACILITIES: The Contract Drawings show, in the general manner, the existing structures and the land available for construction purposes. The bidders must satisfy themselves of the conditions and difficulties that may be encountered in the execution of the work at this site.

14. ADDENDA AND INTERPRETATIONS: No official interpretation of the meaning of the Contract Drawings, Contract Specifications or other pre-bid documents will be made to any bidder orally.

Every request for such interpretation should be in writing and asked via PennBid’s “Questions” tab and to be given consideration, must be received at least seven (7) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda posted within PennBid’s “Documents” tab, not later than three (3) days prior to the date fixed for the opening of bids. All addenda so issued shall become part of the Contract Documents and must be written into the Proposal Form by each prospective bidder.

15. OTHER CONTRACTS: Bidders are advised that work other than the work covered under their Contract may be in progress at the site of the work during the performance of the work covered by these documents. Accordingly, bidders are warned that coordination of construction activities at the site must be such as to avoid interference. UNDER NO CIRCUMSTANCES SHALL THE TOWNSHIP OR

TOWNSHIP ENGINEER BE HELD RESPONSIBLE TO THE CONTRACTOR FOR DELAYS OR EXTRA

WORK OCCASIONED.

16. ALTERNATIVE BIDS: No alternative bids will be considered unless alternative bids are specifically requested.

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18. INTENT OF CONTRACT DOCUMENTS: The intent of the Contract Documents is to obtain a complete job, satisfactory to the Township. It shall be understood that the Bidder has satisfied itself as to the full requirements of the Contract and has based his Proposal upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the prices bid for the items listed in the Proposal.

19. WATER SUPPLY: Except as specifically otherwise indicated in the Contract Drawings and Specification, all water for construction purposes, as well as the expense of having water conveyed about the work, must be provided by the Contractor and the cost of this work shall be included in the unit prices stipulated for the various items of the work to be done under this contract.

The source, quality and quantity of water furnished shall at all times be satisfactory to the Engineer.

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21. SPECIAL CONDITIONS: Attention of the bidder is particularly called to those parts of the General

Contract Conditions and other Contract Documents and Specifications which deal with the following:

a. Subcontractor(s) completing the softball field installation including subgrade preparation, topsoil amendment and installation, grass sod installation and temporary irrigation facilities must comply with the qualification criteria identified in the “New Softball Field Construction Specifications” (included on the Contract Drawings and Appendix B of this Specification) and the entity who is designated to complete this work and verification of required qualifications must be submitted with each bid for this project. This information must be provided in the “Statement of Bidder’s Qualifications”.

b. Insurance requirements

c. Pennsylvania Prevailing Wage Act 442 including the State wage rates set forth in the Contract

Documents.

d. Requirement for a Payment Bond and Performance Bond for 100% of Contract Price and

Maintenance Bond for 10% of the total Contract Price (required after formal acceptance of completed work by the Township).

e. Requirement that all Subcontractors be approved by the Owner and must verify insurance requirements have been satisfied.

f. Time-For-Completion and liquidated damages requirements

g. Safety standards

h. Contractor's responsibility to obtain permits

i. Affirmative Action and Equal Opportunity provisions

j. NPDES Permit conditions and co-permittee status and agreements

k. Special Project Notes

22. ADDITIONAL OBLIGATIONS UPON CONTRACT AWARD: Upon award of the Contract but prior to issuance of the Notice to Proceed, the Contractor shall submit all of the following documents, completed as required:

a. Acceptance of Notice of Award

b. Form of Agreement

c. Insurance certificate(s) and/or policy(ies) including for all Subcontractors

d. Performance & Payment bonds

e. Workmen’s Compensation Affidavit

23. CONTRACT DOCUMENTS, SPECIFICATION AND DRAWING REFERENCES:

a. All references in the Contract Documents to “Township” or “Owner” shall mean Middletown Township, Delaware County, Pennsylvania.

b. All references in the Contract Documents to “Contractor”, “Low Bid Contractor” or “Low Bidder” shall mean the lowest responsive bidder or bidders awarded the bid by the Owner.

c. All references in the Contract Documents to “Contract Time” or “Time-for-Completion” or “Construction Period” shall mean the designated number of consecutive calendar days, from “Notice to Proceed” to complete Contract work described herein.

d. All references within PENNDOT Specifications or documents identified in the Contract Documents to the Department, Secretary, State, Chief Counsel, General Counsel, Attorney General, etc., shall be interpreted as the Township and/or its agent.

END OF SECTION

GENERAL CONTRACT CONDITIONS

ARTICLE 1 - CONTRACT AND CONTRACT DOCUMENTS

A. All applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.

B. The Contract Drawings, Contract Specifications and Addenda, hereinafter enumerated Section II

– Technical Specifications, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer.

ARTICLE 2 - PERFORMANCE AND PAYMENT BONDS

A. Simultaneously with his/her delivery of the executed Contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this Contract and for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract, as specified in the General Contract Conditions included herein.

The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. The bond shall be for 100 percent of the Contract price. A Payment Bond and Performance Bond are required. Attorneys-in-fact who sign bid bonds or Contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. Under certain conditions, and within the limits of State and local laws and regulations, the Owner may waive the requirement that the Payment and Performance Bond be underwritten by a surety company and may authorize in lieu thereof, a personal bond backed by a letter of credit from a local lending institution for the full value of the Contract.

ARTICLE 3 - WAGE RATES

A. In the event that the rate of wages paid for any trade or occupant in the locality where such work is being performed are under current collective agreements or understandings between bona fide organizations of labor and employer, then the wages to be paid by the Contractor and any Subcontractor shall be not less than such agreed wage rates, nor less than the minimum rates compiled for each classification of work indicated pursuant to the latest Commonwealth of Pennsylvania Prevailing Wage Act 442, wage rate determination (Serial Number 25-09098) A copy of these prevailing rates of wages has been included in these Contract Specifications. All rates are to be paid in accordance with area practice.

B. Every Contractor and Subcontractor who is subject to this Contract shall, as soon as he/she begins performance under his/her Contract with the Owner, supply the Owner a schedule of the dates on which he/she is required to pay wages to employees. He/She shall also deliver to the prevailing wage coordinator within one week after each pay date, a certified copy of his/her payroll which shall exhibit for each employee paid any wages, name, current address, social security number, number of hours worked each day of the pay period and the total for each week, hourly rate of pay, job classification, fringe payments, and deductions from wages. The certification of each payroll shall be executed by the Contractor, Subcontractor, or duly appointed agent thereof and shall recite that the payroll is correct and complete and that the wage rate shown is not less than those required by the Contract.

ARTICLE 4 - PENNSYLVANIA HUMAN REALATIONS ACT

A. Contractor and Subcontractors shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age or sex. Contractor and Subcontractors shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, handicap, ancestry, national origin, age, or sex. Such affirmative action shall include, but is not limited to: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation, and selection for training. Contractor and Subcontractors shall post in conspicuous places, available to employees, agents, applicants for employment, and other persons, a notice to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

B. Contractor and Subcontractors shall, in advertisements or requests for employment placed by it or on its behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, handicap, ancestry, national origin, age, or sex.

C. Contractor and Subcontractors shall send each labor union or workers' representative with whom it has a collective bargaining agreement or other Contract or understanding, a notice advising the labor union or workers' representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every source of recruitment regularly utilized by Contractor.

D. It shall be no defense to a finding of noncompliance with this nondiscrimination clause that

Contractor or Subcontractors had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations.

However, if the evidence indicates that the Contractor or Subcontractors were not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

E. Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that Contractor or Subcontractors will be unable to meet its obligations under this nondiscrimination clause, Contractor and Subcontractors shall then employ and fill vacancies through other nondiscriminatory employment procedures.

F. Contractor and Subcontractors shall comply with all state and federal laws prohibiting discrimination in hiring or employment opportunities. In the event of Contractor's or Subcontractor’s noncompliance with the nondiscrimination clause of this Contract or with any such laws, this Contract may be terminated or suspended, in whole or in part, and other sanctions may be imposed and remedies invoked.

G. Contractor and Subcontractors shall furnish all necessary employment documents and records, and permit access to books, records, and accounts by the Township for purposes of investigation to ascertain compliance with the provisions of this clause. If Contractor or Subcontractors do not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the Township.

H. Contractor and Subcontractors shall actively recruit minority and women Subcontractors or

Subcontractors with substantial minority representation among their employees.

I. Contractor shall include the provisions of this nondiscrimination clause in every subcontract, so that such provisions will be binding upon each Subcontractor.

J. Contractor and Subcontractors obligations under this clause are limited to the Contractor's facilities within Pennsylvania or, where the Contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced.

ARTICLE 5 - INSURANCE

A. The contractor shall not commence work under this Contract until he/she has obtained all the insurance required hereunder and such insurance has been approved by the Township, nor shall the contractor allow any Subcontractor to commence work on his/her Subcontract until similar insurance required of the Subcontractor has been so obtained and approved. Approval of the insurance by the Township shall not relieve or decrease the liability of the contractor hereunder.

Insurance shall be provided at no additional cost to any certificate holder or coinsured.

B. The contractor shall file with the Township all certificate(s) of insurance as are necessary to document the insurance coverage required hereunder, subject to the approval of the Township and receipt of any additional forms/documentation requested, prior to final execution of Form of Agreement (Contract) and issuance of the Notice to Proceed.

C. Workers’ Compensation.

(i) All contractors and Subcontractors shall acquire and maintain, during the term of the contract, worker's compensation insurance in full compliance with the laws of the State of Pennsylvania. The contractor shall at all times indemnify and save harmless the Township from all claims for worker's compensation which may be made by any of the employees of any Subcontractor to whom the Contract may have let the performance of any part of the work embraced in this contract, and the contractor will appear for and defend the Township against any and all such claims.

(ii) Workers’ Compensation must provide a waiver of subrogation and each policy shall state that the insurance provided to the additional insured is primary and non-contributory to any other insurance available to the additional insured.

D. Contractor's Liability Insurance.

(i) At no cost to the Township the contractor shall acquire and maintain during the term of the Contract bodily injury and property damage liability insurance under a standard comprehensive general/automobile liability policy which shall provide and include coverage on all contractor's operations, contractor's protective (sublet) liability, contractual liability, completed operations liability, owned automobiles and non-owned and hired automobiles.

(ii) Property damage liability insurance shall be provided on any demolition, blasting, excavating, shoring or similar operation on an "if any" basis.

(iii) Comprehensive general liability insurance: $2,000,000 combined single limit (bodily injury and property damage) per occurrence with not less than $5,000,000 annual aggregate.

(iv) Automobile liability insurance: $2,000,000 combined single limit (bodily injury and property damage) per occurrence.

(v) The contractor's public liability insurance and vehicle liability insurance shall be in an amount not less than $1,000,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person in an amount not less than $250,000.00 on account of one accident, and contractor's property damage insurance in an amount not less than $100,000.00.

(vi) The contractor shall either (1) require each of his/her Subcontractors to procure and to maintain during the life of his/her Subcontract, Subcontractor's public liability and property damage of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his/her Subcontractors in his/her own policy.

(vii) The Township may adjust the liability limits to coincide with local government procurement policies and practice within the limits of state and local law.

(viii) 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.

(ix) All insurance policies shall protect the Township and other insureds identified below (to the extent allowed by the law) in Paragraph G from claims arising from the execution of the work under the contract.

(x) The Township will not execute the agreement or issue the Notice to Proceed until all required insurance policy(ies) and certifications have been approved by the Township and Township Engineer.

E. Builder's Risk Insurance - Each contractor and Subcontractor shall maintain insurance to protect himself and the Township jointly, from loss incurred by fire, lightning, extended coverage hazards, vandalism, theft, explosion and malicious mischief in the full amount of the Contract and such insurance shall cover all labor and materials connected with the work, including materials delivered to the site but not yet installed.

F. Installation Floater Insurance - When a contractor is involved solely in the installation of materials and not in the construction of a building, an installation floater is required in lieu of a builder's risk policy with the same general conditions applying as set forth in Paragraph E.

G. The policies as listed above shall all contain the following special provisions:

(i) Under “Special Items” on the certificate of insurance, the certificate shall contain the statement “Additional Insureds: Middletown Township Engineer - Kelly Engineers and Surveyors”; B&A Boekholder & Associates, LLC – Special Township Consultant for Sports Surfaces”.

(ii) All insurance policies shall provide for a minimum of 30 days prior written notice to the Township before cancellation by the insurance company. Written notice shall be sent to the Township by registered or certified mail, with return receipt. All insurance certificates must contain a statement confirming compliance with this requirement.

H. The maintaining of such insurance as outlined herein shall in no way constitute a waiver of legal liability for damage to any adjoining buildings or their contents or the work and property of others on the site beyond the limits of insurance thus maintained. The contractor shall hold the Township free and harmless from any injury and damage resulting from the negligent or faulty performance of the Contract by the contractor or by his/or her Subcontractors.

I. Contractor shall provide and maintain insurance at its own cost and expense that covers the maximum liability to which the contractor is exposed under the Political Subdivision Tort Claims Act, 42 Pa.C.S. § 8541 et seq.

J. All insurance companies that issues insurance required under this Contract must have a financial rating not less than B+ as rated in the most recent edition of Best Insurance Reports and be in business for at least the past five years.

ARTICLE 6 - PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT (NO. 1978-3)

A. If any steel products are to be used or supplied in the performance of the contract, only steel products produced in the United States shall be used or supplied in the performance of the Contract or any Subcontracts thereunder. This provision shall not apply in any case where the head of the public agency, in writing, determines that the type of steel products necessary to the performance of the Contract are not produced in the United States in sufficient quantities to meet the requirements of the contract.

(i) Each Contractor shall hold the Owner harmless from all payments for patents, either as royalty or otherwise, in the use of materials, methods, appliances, etc., that he may be in any way involved in or connected with any part of his work or the work of his Subcontractors.

(ii) Prior to commencement of any work under Contract, the Contractor shall furnish one (1) copy of Declaration of Insurance as evidence of coverage.

ARTICLE 7 - SAFETY

A. The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He/She will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury, or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

B. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety protection. He/She will notify Owners of adjacent utilities when prosecution of the work may affect them.

C. The Contractor shall comply with the safety standards provisions of applicable laws, building and construction codes and the manual of Accident Prevention in Construction published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register" Volume 36, No. 75, Saturday, April 17, 1971.

D. The Contractor shall maintain at his/her office or other well-known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured at the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

E. Lights, signs and barricades shall be used to maintain traffic and safety for vehicular and pedestrian traffic during the course of this Contract in accordance with the Contract Specifications.

ARTICLE 8 - PERMITS

A. The Contractor is responsible for obtaining and paying for all necessary permits and Licenses from the proper authorities. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he/she shall promptly notify the Owner in writing.

ARTICLE 9 - SUPERVISION

A. The Contractor will supervise and direct the work. He/She will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The Supervisor shall have full authority to act on behalf of the Contractor and communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present and on the site at all times as required to perform adequate supervision and coordination of the work.

B. The Owner and its representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or County agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof.

C. The Contractor shall submit a proposed program of operation, showing clearly how he/she proposed to conduct the work as to bring about the completion of his/her work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his/her work will be sufficiently advanced to permit the installation of the work under other contracts, and the estimated progress payments due under the Contract. The work under this Contract shall be so scheduled that as structures and facilities are completed, they can be placed into useful operation with a minimum of delay. The program shall be subject to the approval of the Owner.

D. All construction as proposed along all City, Borough, Township, County, State and Federal roads including storage and stockpiling of materials, is to be conducted within the limits of the public right-of-way. Bracing, sheeting and shoring shall be used to keep all construction work within the construction limits unless work agreements are secured from the adjacent property Owners. It is the Contractor's responsibility to secure these work agreements, if deemed necessary. Copies of the work agreements shall be delivered to the Engineer and the Owner prior to any work beginning on the effected property.

ARTICLE 10 - CLAIMS AGAINST CONTRACTOR

A. The Contractor shall indemnify and save the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractor's laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged or waived. If the Contractor fails to do so the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is fully finished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments in good faith.

ARTICLE 11 - SUBCONTRACTING

A. Neither the Contractor nor the Owner shall sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein, or his obligations thereunder.

B. The Contractor shall not sublet, sell, transfer or assign any portion of the Contract without consent of the Owner or his/her designated agent. No Subcontract, or transfer of contract, shall in any way release the Contractor of his/her liability under the Contract and bonds.

C. The Contractor shall not award work to Subcontractor(s) not identified on the Statement of

Bidder’s Qualifications form as submitted with bid, without:

1. Prior approval of the Owner;

2. Submission of all insurance and certifications as required in the INSTRUCTIONS TO BIDDERS and elsewhere in this Specification.

The Contractor shall be fully responsible to the Owner for the acts and omissions of the Subcontractor(s), and of persons, either directly or indirectly employed by them, as he/she is for the acts and omissions of persons directly employed by him/her.

ARTICLE 12 - CHANGE OF WORK

A. The Owner reserves the right to make, at any time during the progress of the work, such increases or decreases in quantities and such alterations in details of work as may be deemed necessary or desirable. Such increases or decreases and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered, the same as if it had been a part of the original contract.

B. Authorized alterations in Contract Drawings or quantities of work involving work not covered by unit prices in the proposal shall be paid for as stipulated in the change order authorizing such work.

C. No changes in work covered by the approved Contract shall be made without having prior written approval of the Owner. If prices for such extra work are not included in the unit price bid, the Contractor shall agree to furnish the necessary equipment and materials and perform such labor as extra work, and shall agree to accept in full payment therefor the actual field cost of the equipment, material and labor plus fifteen (15) percent.

D. The Township may, at any time, by written order, and without notice to the sureties, make changes in the general scope of this Contract. If such changes cause an increase or decrease in the Contractor's cost of, or time required for, performance of the Contract, an adjustment shall be made and the Contract modified in writing accordingly. No claim by the Contractor for payment on account of any extra work shall be enforceable unless such extra work is covered by a written order signed by a duly authorized representative of the Township. However, nothing in this Contract shall be construed to excuse the Contractor from executing the Contract as amended.

ARTICLE 13 - TIME-FOR-COMPLETION

A. The Date of beginning and the Time-For-Completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed.

B. The Contractor will proceed with the work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time of one-hundred and twenty (120) calendar days for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

C. The Contract Time to fully complete the project shall be consecutive calendar days following the date of commencement of work to be specified in a written "Notice to Proceed".

D. If the Contractor shall fail to complete the work on or before the Contract Deadline, or extension of time granted by the Owner, the Contractor will pay to the Owner for liquidated damages of $250.00 for each calendar day that the Contractor shall be in default after the dater certain, stipulated in the Contract Documents.

ARTICLE 14 - COMPLETION OF WORK

A. Substantial Completion means that point at which the construction of the Project is sufficiently completed, in the opinion of the Engineer and in accordance with the Contract Documents, so that the Project, or specified part, can be utilized for the purposes for which it was intended. A separate definition of Substantial Completion is established for the softball field turf as identified in the “New Softball Field Construction Specifications”. Substantial Completion for the project as a whole may only occur after substantial completion of the softball field has been approved by the Township. It should be noted, the definition of Substantial Completion of the overall project is identified in the “Special Project Notes”.

B. Prior to final payment, Contractor may, in writing to Township and Engineer, certify that the entire project or part thereof is Substantially Complete and request that Engineer issue a notice of

Substantial Completion. Within a reasonable time thereafter, Township, Contractor and Engineer shall make an inspection of the project to determine the status of completion. If Engineer does not consider the project substantially complete, he will notify Contractor in writing giving his reasons therefor. If Engineer considers the project substantially complete, he will prepare and deliver to Township a tentative notice of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the notice a tentative list of items to be completed or corrected before final payment, and the notice shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time.

C. The Contractor shall guarantee all materials and equipment furnished and work performed for a period of twelve (12) months from the date of formal acceptance of Substantial Completion by the Township. The Contractor warrants and guarantees for a period of twelve (12) months from the date of Substantial Completion of the improvement that it is free from all defects due to faulty materials or workmanship, and the Contractor shall promptly make corrections as may be necessary by reason of such defects. A separate “Warranty” period is required for the softball field turn as defined in the “New Softball Field Construction Specifications”. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make repairs, adjustments, or other work, which may be made necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. Contractor shall be required to furnish a Maintenance Bod as security for faithful performance of its obligations under the Contract. The Maintenance Bond shall remain in full force and effect through the guarantee period. The bond shall be for ten percent (10%) of the total Contract Price.

D. When the work, including that performed by Subcontractors, is completed, the site shall be cleaned of all rubbish and debris caused by the construction. All sheds or other temporary structures, surplus materials, and equipment shall be removed and the project left in a neat and presentable condition.

ARTICLE 15 - TERMINATION

A. After ten (10) days from delivery of a Written Notice to the Contractor, the Owner may, without cause and without prejudice to any other right or remedy elects to terminate the Contract. In such case the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit, unless such termination was due to the act or conduct of the Contractor.

ARTICLE 16 - PAYMENT

A. Progress payment requests will be considered by Middletown Township on a monthly basis.

Payment request shall be received by the Township by the end of the month, for consideration during the following month. Originally executed Prevailing Wage payroll certifications must accompany the request. Payment will be considered only for completed items, not materials ordered or stored on-site, unless prior arrangements are approved by the Township. A 10% retainage will be deducted from all payments and be held by the Township until the completed project is formally accepted by the Township. A turn-around time of 2-4 weeks is expected before said funds are forwarded to the Contractor.

B. The Owner may hold a pay request, or a portion of the pay request, in cases where the

Contractor is found to be in violation of any of the terms and conditions in this contract, e.g.

Pennsylvania labor standards compliance, until such violations are…