1-Alameda Bid.pdf

COUNTY OF BUTLER

PENNSYLVANIA

CONTRACT DOCUMENTS

FOR:

Butler County Alameda Park Slide Restoration

Bid Submissions Due:

5-28-26 at 1:30 PM

Bid Opening Date:

5-28-26 at 1:30 PM

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

TABLE OF CONTENTS

BIDDING REQUIREMENTS:

• BID FORM (For reference only. Please submit bid via the electronic bid form in PennBid)

• INVITATION TO BID

• INSTRUCTIONS TO BIDDERS

• STATEMENT OF BIDDER’S QUALIFICATIONS*

• GENERAL SPECIFICATIONS AND GENERAL CONDITIONS (PART I)

AND SPECIAL CONDITIONS (PART II)

• SCOPE OF WORK

• PREVAILING WAGE DETERMINATION

• FORM OF AGREEMENT

• NONCOLLUSION AFFIDAVIT OF PRIME BIDDER*

• PUBLIC WORKS EMPLOYMENT VERIFICATION FORM*

*MUST BE RETURNED WITH YOUR BID

- 1 -

THIS FORM IS FOR REFERENCE ONLY. PLEASE SUBMIT YOUR BID VIA THE

ELECTRONIC BID FORM IN PENNBID

BID FORM

Butler County Alameda Park Slide Restoration- Located at 184 Alameda Park Rd, Butler, PA

16001

Bid of (Company Name):

Address:

Telephone Number:

COUNTY OF BUTLER

1. The undersigned, on behalf of _______________________________________________ (the

“Bidder”), hereby certifies that the Bidder has carefully examined all available information relating to the project, as described in the Instruction to Bidders, and further described in the Scope of Work provided to the Bidder, and the Bidder has fully examined the Contract Documents, which the successful Bidder shall enter into with the County of Butler (the “County”) for the payment for the materials to be provided by Bidder.

2. Bidder by submitting this Bid Form (the “Bid”), offers and agrees to provide all materials as listed, to the satisfaction of the Owner’s Representative and the County (as defined in the instructions to

Bidders), for the lump sum base bid of:

TOTAL LUMP SUM PRICE FOR BASE SCOPE OF WORK: $_______________________

Total Lump Sum Price in Words: __________________________________________________

Note: The above amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.

3. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the

Form of Agreement and the Bid Packet, which are incorporated herein and made a part hereof.

4. Bidder understands and agrees that the County reserves the right to determine whether it shall contract for all or a portion of the Material and, pursuant to such determination, to award the

Contract in the best interest of Butler County.

5. The undersigned hereby certifies that Bidder is the only person(s) interested in this Bid as principal, and that the Bid is made without collusion with any person, firm or corporation.

6. If awarded the Contract, the undersigned agrees to execute and deliver the Form of Agreement and to provide the materials or items under the Contract in accordance with the time schedule set forth, with provision of materials to commence only after Contract is signed and notification is received

- 2 -from the County to proceed with the same. Time is of the essence in the performance of all contracts related to the above Project.

7. If awarded the Contract, the undersigned agrees to complete the work within 45 days of the Notice to Proceed.

8. The County reserves the right to accept or reject any or all bids, or any part of any bids, and to waive any informality in the bidding procedure or the bidding documents.

9. Substitutions:

Bidder is cautioned to bid on the “Standards” specified, and to enter, on the following “Substitution

Section”, all material which the bidder wishes to have considered for possible substitution. These substitutions are not included in the bid price, but may be considered by the County if the Contractor is the low bid.

The following substitutions from the “Standards” specified are listed herein for consideration and if accepted, I will adjust the contract sum in accordance with the following rates:

Item Add Deduct

10. (The following is to be completed only if addenda are issued):

The undersigned acknowledges receipt of the addenda hereinafter listed and agrees that the said addenda shall become a part of the Contract. (List below the number and the issuing dates of each addenda received).

ADDENDUM NO.: Date:

ADDENDUM NO.: Date:

ADDENDUM NO.: Date:

- 3 -

11. The undersigned hereby certifies that the Bidder has taken all necessary action, whether a person, corporation or other entity, required for due authorization, execution and delivery of this Bid, Bidder is qualified to do business in the Commonwealth of Pennsylvania and that Bidder is legally bound to comply with the terms and conditions of this Bid if awarded the Contract.

Name of Bidder

By: _

Signature of Authorized Officer, Partner or

Individual (as applicable)

Print Name of Person Signing

Address

Title of Authorized Officer or Partner

(if applicable)

INVITATION TO BID

Notice is hereby given that the Butler County Board of Commissioners, Butler County, 124 W Diamond

St. Butler, PA 16001, will accept sealed bids for the following contract:

Butler County Alameda Park Slide Restoration- Located at 184 Alameda Park Rd, Butler, PA

16001.

Butler County Alameda Park Slide Restoration- Located at 184 Alameda Park Road, Butler, PA

16001.

Bidders are to provide all labor, materials, equipment and supervision necessary for the restoration of a waterslide at the Alameda Park Pool. This may include but is not limited to:

• High-pressure wash.

• Hand and power tool preparation of material.

• Sherwin Williams Macropoxy 646 epoxy primer (or an as approved equivalent).

• Sherwin Williams Sherloxane 800 polysiloxane hybrid topcoat (or an as approved equivalent). Color and sheen to be determined by owner.

• All replacement parts must be purchased through Natural Structures, or another pre-approved company providing approved equivalent products.

Bidding documents are available at no cost on PennBid (www.pennbid.bonfirehub.com .

Proposals shall be submitted on the electronic bid form within PennBidin the manner designated.

Any questions regarding the project must be submitted via the “Ask a Question” feature in

PennBid no later than May 20, 2026 at 2:00 P.M.

Bids will be received electronically via PennBid until May 28, 2026, at 1:30 PM, at which time the bids will be opened in the office of the County Controller on the 5th Floor of the Butler

County Government Center, 124 W. Diamond Street, Butler, PA 16001,and the results made available on PennBid. Any bid submitted directly to Butler County will be invalid and considered non-responsive and will not be accepted.

All bids must be accompanied via a certified check or bid bond in the amount of 10% of the bid proposal, and by a Contractor’s Qualification Statement, Form of Agreement, Non-Collusion

Affidavit of Prime Bidder and Public Work’s Employment Verification Form. No bid proposal may be withdrawn for a period of thirty (30) days subsequent to the opening of the bid proposals.

The estimated cost of this project is greater than $25,000 and the payment of Pennsylvania prevailing wages is a requirement of the project using the state prevailing wage rates listed in the bid package.

The County of Butler reserves the right to reject any, or any part of, or all bids, and to waive informalities and irregularities in any bids received.

The County of Butler reserves the right to reject any, or any part of, or all bids, and to waive informalities and irregularities in any bids received.

ATTEST BOARD OF COMMISSIONERS

Shawn Pugh Leslie A. Osche, Chairman

Chief Clerk Kimberly D. Geyer, Vice Chairman

Kevin E. Boozel, M.S., Secretary

INSTRUCTIONS TO BIDDERS

1. Documents

Bidders may obtain copies of bid documents and specifications at no cost on PennBid

(https://pennbid.bonfirehub.com)

2. Bids

Separate sealed bids for the enclosed described work will be received electronically via the

PennBid program until May 28, 2026 1:30 pm, at which time the bids will be opened, with the results to be made available on PennBid and the Butler County website. Any bid submitted directly to the County of Butler will be invalid and considered non-responsive and not be accepted. Bids must be addressed to the County of Butler as outlined in the advertisement and the contract bid shall be designated. Bidders shall submit bids on the electronic bid form within PennBid in the manner designated.

3. Obligation of Bidder

By submitting a bid, the bidder represents that they have read and are thoroughly familiar with the plans, specifications, and bid documents and any addenda thereto. Failure or admission of the bidder to examine any form, instrument or document shall not relieve the bidder from any obligation in respect to his bid.

4. Contract Times

The project will be commenced within 30 days of the Notice to Proceed and shall be completed no later than 45 days from commencement of the project.

5. Addenda and Interpretations

Questions shall be submitted via the “Ask A Question” feature within PennBid no later than May 20, 2026 at 2:00 P.M. If necessary, addenda will be issued to all bidders via a

Public Notice and posted on PennBid. Bidders who have registered with and downloaded documents for this project from PennBid will be notified by email when a change or addenda has been posted.. No interpretation of the meaning of plans, specifications or other pre bid documents discussed orally will be binding unless confirmed in writing by the Owner’s Representative.

6. Substitutions

The various materials and products specified in the Scope of Work by name or description are given to establish a standard of quality and of cost for bid purposes. It is not the intent to limit the acceptance to any one material or product specified, but rather to name or describe it as the absolute minimum standard that is desired and acceptable. A material or product of lesser quality will not be acceptable. Where proprietary names are used, whether or not followed by the words, “or as approved equal”, they shall be subject to equals only as approved by the Owner’s Representative.

https://pennbid.bonfirehub.com/

Any proposed substitution for material and product must be “or as approved equal“ to the material and product described in the bidding documents. Proposed substitutes require the approval of the County of Butler. Proposed substitutions are to be made in writing by May

20, 2026 at 2:00 P.M. via the “Ask a Question” feature in PennBid and must list the name of the material specified in the bid documents for which the desired substitution is proposed, and the name and complete description of the proposed substitution and any other relevant information that supports the need for the proposed substitution. The decision of whether or not a proposed substitution is approved or denied is the sole and final decision of the Owner’s Representative. Any approved substitutes will be set forth in an addenda from the County of Butler.

7. Preparation of Proposals

Bidding documents are available at no cost on PennBid. Bids shall be submitted on the electronic bid form within PennBid in the manner designated.

Bidder shall provide a lump sum for the base scope of work. Failure to comply may be cause for rejection. All bids must be submitted using the electronic bid form within

PennBid, inclusive of uploading all required documents as identified herein, on the forms supplied by the County of Butler and shall be subject to all requirements of the contract documents, including the Scope of Work and these Instructions to Bidders.

All bids must be accompanied via a certified check or bid bond in the amount of 10% of the bid proposal. Surety companies executing BONDS must appear on the Treasury

Department’s most current list (Circular 570, as amended) and be authorized to transact business in the Commonwealth of Pennsylvania.

Bids may be withdrawn, altered or otherwise modified within PennBid at any time prior to the due date and time listed in the Invitation to Bid. No bid proposal may be withdrawn for a period of thirty (30) days subsequent to the opening of the bid proposals. Any withdrawal of bid is governed by Pennsylvania law.

The estimated cost of this project is greater than $25,000 and the payment of

Pennsylvania prevailing wages is a requirement of the project using the state prevailing wage rates listed in the bid package.

The County of Butler reserves the right to reject any, or any part of, or all bids, and to waive informalities and irregularities in any bids received.

8. Submittal

Bids will be received electronically via PennBid until May 28, 2026 at 1:30pm, at which time the bids will be opened, with the results made available on PennBid and on the Butler

County website. Any bid submitted directly to Butler County will be invalid and considered non-responsive and will not be accepted.

Bids not received by the due date and time or by any other means will not be accepted.

9. Related Requirements

In addition to submitting the Bid Form, each bidder submitting a bid to the County of Butler for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for prior approval and an affidavit substantially as in the form herein provided.

Each bidder shall submit on the form furnished for that purpose (a copy of which is included in the contract documents) a Statement of the Bidders Qualifications, his experience record in construction, the types of improvements, and his organization and equipment available for the work contemplated; and, when specifically requested by the

County of Butler, a detailed financial statement. Each bidder shall also submit with his bid a Public Works Employment Verification Form ( a copy of which is included in the contract documents). The County of Butler shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract and the bidder shall furnish the County of Butler all such information and data for this purpose as it may request. The right is reserved to reject any bid wherein investigation of the available evidence or information does not satisfy the County of Butler that the bidder is qualified to carry out properly the terms of the contract.

10. Award of Contract - Rejection of Bids

The contract will be awarded to the responsible bidder submitting the lowest bid complying with the conditions of the Invitation for Bid. The bidder to whom the award is made will be notified at the earliest possible date and shall promptly be prepared to meet with the

County’s representative immediately after the bid opening.

Bid securities received from unsuccessful bidders will be returned, as applicable, as quickly as possible.

11. Execution of Agreements- Performance, Payment, and Maintenance of Bonds

A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the County of Butler and/or Owner an Agreement in the form included in the Contract Documents in such number of copies as the County of Butler and/or Owner may require.

B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall, within the period specified in paragraph “A” above, furnish a surety bond in a penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms, or corporations to whom the Contractor may may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and

- 4 -transportation services, employed; or used by him in performing the work. When the successful Bidder provides the performance and payment bonds specified above, the

Bidder shall also furnish a maintenance bond guaranteeing against defective work or materials for a period of 12 months in amount equal to 100% percent of the total price bid. The effective date of the maintenance bond is the date of final acceptance of the work. All bonds shall be in the form that is included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bonds. Bonds shall be signed by a guarantee or surety company listed in the latest issue of the U.S. Treasury Circular 570 and the penal sum shall be within the maximum specified for such company in said Circular 570.

C. The failure of the successful bidder to execute such Agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the County of Butler and/or Owner may grant, based upon reasons determined sufficient by the County of Butler and/or

Owner may either award the Contract to the next lowest responsible Bidder or readvertise for Bids, and may charge against the Bidder the difference between the

Amount of the Bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus done exceeds the amount of the Bid

Bond. If a more favorable Bid is received by readvertising, the defaulting Bidder shall have no claim against the County of Butler/or Owner for a refund.

12. Wages and Salaries

A. Attention of Bidders is particularly called to the requirement concerning the payment of not less than the prevailing wage and salary rates specified in the Contract

Documents and the conditions of employment with respect to certain categories and classifications of employees.

B. The rates of pay set forth under General Conditions are the minimum to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply, and prospective changes or adjustment of rates.

THIS FORM MUST BE RETURNED WITH YOUR BID

STATEMENT OF BIDDER’S QUALIFICATIONS

All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

1. Name of Bidder _________________________________________________________

2. Permanent main office address and employer identification number

3. When Organized _________________________________________________________

4. If a corporation, where incorporated

5. How many years have you been engaged in the refinishing business under your present firm or trade name? _______________________________________________________

6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion).

7. General character of work performed by your company.

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

9. Have you ever defaulted on a contract? If so, where and why? __________________

10. List the more important projects recently completed by your company, stating the approximate cost for each and the month and year completed.

11. List your major equipment available for this contract

12. Experience in construction work similar in importance to this project

13. Background and experience of the principal members of your organization, including the officers.

14. Credit available: $________________________________________________________

15. Give bank reference _______________________________________________________

16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required?

17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the County of Butler in verification of the recitals comprising this statement of Bidder’s Qualifications.

18. The undersigned certifies for itself, it has no unsatisfied tax liabilities or other

Commonwealth obligations.

Dated at __________________________ this __________ day of _____________, 20______.

By ____________________________________

Title ___________________________________

State of ______________________________ )

County of ____________________________ )

__________________________________ being duly sworn deposes and says that he is

___________________________ of _________________________________ and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this __________ day of ___________________, 20_____.

Notary Public

GENERAL SPECIFICATIONS

GENERAL CONDITIONS

PART I

101. DEFINITIONS

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:

A. The term “Contract” means the contract executed by the County of Butler, as the

Owner, and the Contractor, of which these GENERAL CONDITIONS, PARTS I and II form a part.

B. The term “Contractor” means the person, firm or corporation entering into the

Contract with the County of Butler to construct and install the improvements embraced in this Contract.

C. The term “Project Area” means slide, 184 Alameda Park Road, Butler, Pennsylvania 16001 which are the specified Contract limits of the improvements contemplated to be constructed in whole or in part under this Contract.

D. The term “Owner’s Representative” means the person in charge (Lance Welliver), serving the County of Butler, or any person or persons, employed by said County of Butler for the purpose of directing or having in charge the work of Site

Preparation embraced in this Contract.

E. The term “Owner” means County of Butler.

F. The term “Contract Documents” means and shall include the following: Executed

Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed

Copy of Bid, General Conditions, Parts I and II and Scope of Work.

G. The term “Scope of Work” means that part of the Contract Documents which describes, outlines and stipulates the quality of the materials to be furnished; the quality of workmanship required; and the methods to be used in carrying out the construction work to be performed under this Contract.

H. The term “Addendum” or Addenda” means any changes, revisions or clarifications of the Contract Documents which have been duly issued by the County of Butler to prospective Bidders prior to the time of receiving bids.

102. FITTING AND COORDINATION OF THE WORK

The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all materialmen engaged upon this Contract.

103. MUTUAL RESPONSIBILITY OF CONTRACTS

If, through acts of neglect on the part of the Contractor, any other Contractor or any

Subcontractor, if any, shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or Subcontractor, if any, by agreement or arbitration, if such other Contractor or Subcontractor, if any, will so settle. If such other Contractor or

Subcontractor, if any, shall assert any claim against the County of Butler on account of any damage alleged to have been so sustained, the County of Butler 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 County of Butler shall be allowed, the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith.

104. PAYMENTS TO CONTRACTOR

A. Schedule of Values

Within 15 days after receipt of the Notice to Proceed, the Contractor shall submit to the Owner’s Representative a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Owner’s Representative may require. This Schedule, unless objected to by the Owner’s Representative, shall be used as a basis for reviewing the Contractor’s Application for Payment.

B. Partial Payments

The Contractor shall prepare his requisition for partial payment at the last day of the month and submit it, with the required number of copies, to the Owner’s

Representative for his approval. With said requisition, Contractor shall submit certified payroll sheets for each payroll period covered by the partial payment timeframe. Within 7 days of receipt of the Contractor’s Application for Payment, the Owner’s Representative will review the Application and certify the amount due the Contractor, or notify the Contractor promptly if his withholding approval of the

Contractor’s Application for Payment. The County of Butler reserves the right to withhold payment to Contractor pending receipt of applicable payroll sheets. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) 10 percent of the total amount, to be retained until final payment and (2) the amount of all previous payments. If the Contract is for a lump sum, the total value of work completed to date shall be based upon the estimated quantities of work completed to date on each item and the unit prices established in the Cost Breakdown and adjusted in accordance with the value of work completed to date on approved change orders. Payment to Contractor to be made no more than 45 days from receipt by County of requisition for payment approved by

Owner’s Representative.

1. The County of Butler, before paying the final estimate, may require the

Contractor to furnish releases or receipts from all Subcontractors, if any, having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the

County of Butler deems the same necessary in order to protect its interest.

The County of Butler, however, may if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments so made shall in no way impair the obligations of any surety or sureties furnished under this

Contract.

2. Withholding of any amount due the County of Butler under the Section entitled “Liquidated Damages” under SPECIAL CONDITIONS, Part II, shall be deducted from the final payment due the Contractor.

C. Withholding Payments

The County of Butler may withhold from any payment otherwise due the contractor so much as may be necessary to protect the County of Butler. The foregoing provisions shall be construed solely for the benefit of the County of Butler and the benefit of the County of Butler to determine or adjust any claims or disputes between the Contractor and his Subcontractors, if any, or material dealers, or to withhold any monies for their protection unless the County of Butler elects to do

so. The failure or refusal of the County of Butler to withhold any monies from the

Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract.

105. CHANGES IN THE WORK

A. The County of Butler may make changes in the scope of the work required to be performed by the Contractor under the Contract or making additions thereto, or by omitting 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 guarantee 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.

B. Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change 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 County of Butler authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price, will be valid unless so ordered.

C. If applicable, unit prices are contained in the Agreement (established as a result of either a unit price bid or a Supplemental Schedule of Unit Prices) the County of

Butler may order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract; provided that in case of a unit price Contract the net value of all changes does not increase or decrease the original total amount shown in Agreement by more than 25 percent in accordance with the

Section entitled “Unit Prices” under INSTRUCTIONS TO BIDDERS.

D. If applicable, unit prices are not contained in the Agreement or if the total net change increases or decreases the total Contract Price more than 25 percent the

County of Butler shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change after which the procedure shall be as follows:

1. If the proposal is acceptable, the County of Butler will prepare the change order in accordance therewith for acceptance by the Contractor, and;

2. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the County of Butler may order the Contractor to proceed with the work on a cost-plus-limited basis. A cost-plus-limited basis is defined as the net cost of the Contractor’s labor, materials and insurance plus 15 percent of said net cost to cover overhead and profit, the total cost not to exceed a specified limit.

E. Each change order shall include in its final form:

1. A detailed description of the change in the work.

2. The Contractor’s proposal (if any) or a conformed copy thereof.

3. A definite statement as to the resulting change in the contract price and/or time.

4. The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order.

106. CLAIMS FOR EXTRA COST

A. If the Contractor claims that any instructions involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event

- 5 -before proceeding to execute the work, submit his protest thereto in writing to the

County of Butler stating such claim will be considered unless so made.

B. Any discrepancies which may be discovered between actual conditions shall at once be reported to the County of Butler and work shall not proceed except at the

Contractor’s risk, until written instructions have been received by him from the

County of Butler.

C. If, on the basis of the available evidence, the County of Butler determines that an adjustment of the Contract Price and/or time is justifiable, the procedure shall be as provided in the section entitled “Changes in the Work” under GENERAL

CONDITIONS PART I.

107. TERMINATION, DELAYS AND LIQUIDATED DAMAGES

A. Termination of Contract

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 County of Butler, by written notice to the Contractor, may terminate the Contractor’s right to proceed with the work. Upon such termination, the County of Butler 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 County of Butler for 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 County of Butler may take possession of and utilize in completing the work such material, tools, equipment, and plant as may be on the site of the work and necessary therefore.

B. Liquidated Damages for Delays

If the work is not completed within the time stipulated in Part II, Paragraph 3 - Time for Completion including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the County of Butler as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) for each calendar day of delay, until the work is completed, the amount as set forth in Part II, Paragraph 3 – Liquidated Damages and the Contractor and his sureties shall be liable to the County of Butler for the amount thereof.

C. Excusable Delays

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:

- 6 -

1. To any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other national emergency;

2. To any acts of the County of Butler;

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

Provided, however, that the Contractor promptly notify the County of Butler within ten days in writing of the cause of the delay. Upon receipt of such notification the County of Butler 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 County of Butler shall extend the time for completing the work for a period of time commensurate with the period of excusable delay.

108. ASSIGNMENT OR NOVATION

The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the County of Butler; provided, however, that assignments to banks, trust companies, or other financial institutions may be made without the consent of the County of Butler. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the

Contractor’s rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment.

109. DISPUTES

A. 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 shall within ten days of commencement of the dispute be presented by the Contractor to the County of Butler 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 in the claim 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 this

- 7 -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 days of its commencement, the claim will be considered only for a period commencing ten days prior to the receipt by the County of Butler of notice thereof.

B. If the Claim is not resolved by negotiation, the Court of Common Pleas of Butler

County shall be the exclusive venue and jurisdiction for any litigation claims under this contract. Contractor to pay Owner’s costs and expenses, to include cost of suit, attorney’s fees, and expert fees, in the event of a dispute or claim, and in the event the Owner is the prevailing party.

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

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

110. REQUESTS FOR SUPPLEMENTARY INFORMATION

It shall be the responsibility of the Contractor to make timely requests of the County of

Butler for any additional information not already in his possession which should be furnished by the County of Butler under the terms of this Contract, and which he will require in the planning and execution of the work. Such requests may be submitted from time to time as the need is approached, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contract award and shall be as complete as possible at that time. The

Contractor shall, if requested, furnish promptly any assistance and information the Owner may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provisions of this Section.

111. MATERIALS AND WORKMANSHIP

A. Unless otherwise specifically provided for in the Scope of Work, all workmanship, equipment, materials and articles incorporated in the work shall be new and the grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred in the Scope of Work as “an approved equal” any particular standard, the Owner shall decide the question of equality.

B. The County of Butler may require the Contractor to dismiss from the work such employee or employees as the County of Butler may deem incompetent, or careless, or insubordinate.

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112. SAMPLE, CERTIFICATES AND TESTS (If Applicable)

A. The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the Contract Documents or required by the Owner, promptly after award of the Contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor’s own risk, until the required sampled or certificates have been approved in writing by the Owner. Any delay in the work caused by late or improper submission of samples or certificates of approval shall not be considered just cause for an extension of the Contract time.

Each sample submitted by the Contractor shall carry a label giving the name of the

Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with Contract requirements, the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Owner in passing upon the acceptability of the sample promptly. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements.

B. Approval of any materials shall be general only and shall not constitute a waiver of the County of Butler right to demand full compliance with Contract requirements.

After actual deliveries, the Owner’s Representative will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Owner’s Representative will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable.

C. Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be divided as follows:

1. The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Owner.

2. The Contractor shall assume all costs of re-testing materials which fail to meet contract requirements.

3. The Contractor shall assume all costs of testing materials offered in substitution for those found deficient.

4. The County of Butler will pay all other expenses.

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113. PERMITS AND CODES

A. The Contractor shall give all notices required by and comply with all applicable law, 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

Scope of Work for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the County of Butler. Where the requirements of the Scope of Work fail to comply with such applicable ordinances or codes, the County of Butler 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.

Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waiver (notwithstanding the fact that such installation is in compliance with the Scope of Work), the Contractor shall remove such work without cost to the County of Butler, but a Change Order will be issued to cover only the excess cost the Contractor would have been entitled to receive if the change had been made before the Contractor commenced work on the items involved.

B. 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 for street pavement, sidewalks, sheds, removal of abandoned water taps, sealing of house connection drains, pavements cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the local regulatory body or any of its agencies.

C. The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials debris and rubbish on or off the Project

Area and commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this Contract. Butler County will provide an off-site dumpster. See Section 117 herein.

114. CARE OF WORK

A. The Contractor shall be responsible for all damages to person or property that occur as a result of his default or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the County of Butler.

B. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorization from the

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County of Butler, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instruction to do so by the County of Butler. Any compensation claimed by the Contractor on account of such emergency work will be determined by the County of Butler as provided in the Section “Changes in the Work” under GENERAL CONDITIONS PART I.

C. The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations.

D. The Contractor shall shore up, brace, underpin, secure and protect as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements embraced in this Contract. The contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the County of Butler from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the County of Butler may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises.

115. ACCIDENT PREVENTION

A. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the County of Butler may determine to be reasonably necessary.

B. The Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The

Contractor shall promptly furnish the County of Butler with reports concerning these matters.

C. The Contractor shall release, indemnify, save, hold harmless and defend the County of Butler from and against any and all liens, charges, claims, demands, losses, costs, judgments, liabilities and damages of every kind and nature whatsoever, including without limitation court costs and attorney’s fees, for damages resulting from any and all loss of life or property, or from injury or damage to the person or property

- 11 -of any person, firm, corporation or entity, arising out of or in connection with any work conducted by the Contractor for this Contract.

116. USE OF PREMISES

A. The Contractor shall confine his equipment, storage of materials, and construction operations to the Contract limits as prescribed by ordinances or permits, or as may be desired by the County of Butler, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment.

B. The Contractor shall comply with all reasonable instructions of the County of

Butler and the ordinances and codes of the Local Government, regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades.

117. REMOVAL OF DEBRIS, CLEANING, ETC.

The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights of way reasonably clear. County of Butler to provide access, at no charge, to a dumpster off-site located at 206 McCune Drive, Butler, Pennsylvania 16001. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for the work, and put the whole site of the work and public rights of way in a neat and clean condition.

118. INSPECTION

A. All materials and workmanship shall be subject to inspection, examination, or test by the County of Butler and the Owner at any and all times during manufacture or construction and at any and all places where such manufacture or construction is carried on. The County of Butler shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge therefore. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the County of Butler may contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any monies which may be due the Contractor, without prejudice to any other rights or remedies of the County of Butler.

B. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Scope of Work, shall be final except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud.