ADVERTISEMENT

INSTRUCTION TO BIDDERS

FORM OF BID

FORM OF GUARANTY

GENERAL CONDITIONS

SPECIAL CONDITIONS

CONSTRUCTION SPECIFICATIONS

FORM OF AGREEMENT

CONTRACT BOND

APPENDICES

UPPER DARBY TOWNSHIP

DELAWARE COUNTY, PENNSYLVANIA

REBID

OBSERVATORY HILL RECREATION AREA PHASE I

April 2026

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

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PAGE

TABLE OF CONTENTS NO.

A - ADVERTISEMENT A-1

B - INSTRUCTIONS TO BIDDERS B-1

C - FORM OF BID C-1

D - FORM OF GUARANTY D-1

Experience Questionnaire D-3

E - GENERAL CONDITIONS

1. Definitions E-1

2. Other Contracts E-1

3. Sub-Contracts E-2

4. Mutual Responsibility of Contractors E-2

5. Fitting and Coordination of Work E-2

6. Superintendence by Contractors E-2

7. Permits, Licenses and Taxes E-2

8. Provisions Required by Law E-3

9. Protection of Work and Property E-3

10. Temporary Provision for Public Travel E-3

11. Shop Drawings E-4

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

13. Inconsistent Specifications and Drawings E-5

14. Use of Premises E-5

15. Possession Prior to Completion E-5

16. Changes in the Work E-6

17. Claims for Extra cost E-7

18. Disputes E-7

19. Materials and Workmanship E-8

20. Samples, Certificates and Tests E-8

21. Changes in Equipment and/or Materials E-9

22. Patents E-9

23. Warranty of Title E-10

24. The Township's Right to Do Work E-10

25. The Township's Right to Terminate Contract E-10

26. Damages E-10

27. Engineer’s Status E-11

28. No Estoppel or Waiver of Legal Rights E-11

29. Safety and Health Regulations (OSHA) E-12

30. Remedies E-12

31. Indemnification E-12

32. Sub-Surface Information (DELETED) E-12

33. Waiver of Responsibility For Sub Surface Information (DELETED) E-12 ii

F - SPECIAL CONDITIONS

1. Contract Security F-1

2. Contractor's Insurance F-1

3. Special CoverageTerms F-3

4. Progress Schedule F-3

5. Location of Utilities F-3

6. Inspection of Work F-4

7. Use of Explosives (Not Permitted) F-4

8. Night, Weekend and Holiday Work F-4

9. Payment to Contractor F-5

10. Correction of Work after Final Payment F-7

11. General Guaranty F-7

12. Office Space (Deleted) F-7

13. Sanitary Facilities F-7

14. Water F-8

15. Electricity F-8

16. Lines, Grades and Construction Surveying F-8

17. Contract Standards Act F-8

18. Rates of Wages F-9, F-10

19. Steel Products Procurement Act F-11

20. Act 287 F-11

21. Federal Occupational Safety and Health Act of 1970 F-11

22. Architectural Barriers Act of 1968 and Section 504 of Rehabilitation Act

Of 1963, PA Act 235 of 1965 as amended, Universal Accessibility Act

And Americans with Disabilities Act (ADA) of 1990 as amended F-11

G - CONSTRUCTION SPECIFICATIONS G-1

H - FORM OF AGREEMENT H-1

CONTRACTORS RELEASE H-4

STATEMENT OF SURETY H-6

I-CONTRACT BOND

FORM OF PERFORMANCE BOND I-1

FORM OF LABOR AND MATERIALMEN'S BOND I-1

FORM OF MAINTENANCE BOND I-1

J – LIST OF CONTRACT DRAWINGS J-1

K-APPENDICES - DCNR REQUIREMENTS K-1

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A. ADVERTISEMENT – (SEE SEPARATE PAGE)

B. INSTRUCTIONS TO BIDDERS

1. BIDDER'S RESPONSIBILITY

Each bidder shall familiarize him/herself with all of the attached forms, Instructions, General

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

Bidders shall properly register on the PennBid site. They shall familiarize themselves with the

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

Bidders are to complete the Public Works Employment Verification information and sign the

Nondiscrimination/ Sexual Harassment Clause provided as part of the bid documents.

2. DELIVERY OF BIDS and BID INFORMATION:

Bids shall be collected electronically at PennBid™ (www.ebidexchange.com/pennbid). It is the responsibility of the bidder to complete in full their PennBid bid tab at least one minute prior to the time of opening. No bid shall be considered if it arrives after the time set for the receipt of bids. All required bid documents, as listed on PennBid website, must be uploaded at least one minute prior to the time of opening. The bid documents are uploaded as one document or ZIP file.

PennBid website will automatically indicate when a bid document file has been successfully uploaded. Bidders must also acknowledge that the bid documents have been uploaded in their entirety. Bidders are encouraged to complete, scan, upload their bid document file, and complete their acknowledgement well ahead of bid opening time.

http://www.ebidexchange.com/pennbid

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3. ADDENDUMS:

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

4. BID GUARANTY:

Each Bid shall be accompanied by either a certified check or Surety Company's Bid Bond as specified herein under "ADVERTISEMENT", in an amount of not less than ten (10) percent of the base bid, which check or bond shall be payable to the Township as payee or oblige, and shall be forfeited as liquidated damages if the bidder fails to execute the contract in conformity with the

Agreement incorporated in the Contract Documents, and furnish bonds as specified, within ten

(10) days after receipt of Contract Documents. Such checks or bid bonds will be returned, to all except the three (3) lowest bidders immediately after the award, and the remaining unsuccessful bidders checks or bid bonds will be returned when the contracts executed by both parties are delivered to the successful bidder.

Contractor is directed to Special Conditions Section F Page F-1 for Performance, Material and Payment Bonds and Maintenance bonds.

5. METHOD FOR SUBMITTING BIDS:

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

PennBid™. The blank spaces in the bid form shall be filled in correctly, where indicated, for each and every item for which a description is given, and the bidder must state the prices for which he proposes to do each part of the work contemplated.

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

Treasurer, along with indication of its principal place of business.

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

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

6. PROOF OF BIDDER’S RESPONSIBILITY:

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

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

Upon request, bidder shall prove that he has liquid assets, available for the project upon which he is bidding in an amount equal to fifteen percent (15%) of the first $100,000 of the amount of the bid plus ten percent (10%) of the next $900,000 plus five percent (5%) of the remainder of the bid.

None of the following will be considered as liquid assets:

(a) Capital Stock of the Contractor.

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

(c) Equity in real estate.

(d) Life Insurance.

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

(f) Deposits held as security for other contracts.

(g) Capital of proposed sub-contractors.

In addition to the financial qualifications, the bidder may be required to prove to the satisfaction of the Township that he has successfully completed for similar work in an amount of not less than seventy-five percent (75%) of the amount of the proposed contract.

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

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

7. CHANGES WHILE BIDDING:

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

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

8. BIDDER QUESTIONS:

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

All questions must be submitted by 12:00PM, April 17, 2026. The questions will be answered by

5:00PM, April 17, 2026.

9. BID OPENING PROCEDURE:

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

10. COLLUSIVE BIDS:

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

11. WITHDRAWAL OF BIDS:

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

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

12. AWARD OF CONTRACT:

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

The Township’s Solicitor shall have the right to waive technicalities for the best interests of the

Municipality. If an award of Contract is made, it will be made to the lowest responsible bidder, based on the tabulated Base Bid Items or Base Bid and any selected Add Alternates.

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

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

13. EXECUTION OF CONTRACT

The individual, firm or corporation to whom or to which the contract has been awarded within ten

(10) days after receipt of said documents shall sign and return to the Township, the contract documents and substitute for the certified check, or bid bond, which accompanied the bid, a contract bond or bonds in the penal sum at least equal to the amount of such contract, for the faithful performance of the contract, and also an additional bond for labor and materials, in the

B-5 penal sum at least equal to the amount of such contract, to cover the prompt payment in full for all materials furnished and labor supplied or performed, executed by a surety company or companies qualified to do business in the state where bid and a maintenance bond in the amount stipulated herein under "SPECIAL CONDITIONS". Each such bond shall be on the form approved by the

Township’s Solicitor.

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

Township and the successful bidder.

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

14. FAILURE TO EXECUTE CONTRACT:

If the lowest responsible bidder to whom the contract is awarded fails to submit bonds or execute the contract within the time specified, the amount of the bid guaranty shall be paid to the Township as liquidated damages. In such case the Municipality, at his discretion, may award the contract to the next lowest responsible bidder, or reject all bids.

15. SUBLETTING OR ASSIGNING OF CONTRACT:

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

16. REJECTION OF BIDS:

The right is reserved by the Township at its discretion to reject any or all bids or parts thereof.

Bids may be rejected if they show any omission, alterations of form, addition or deductions not called for, conditional or uninvited alternate bids, or irregularities of any kind, or any other reason as the Township shall determine. However, the Township reserves the right to waive any defects or irregularities on bids.

17. SUB-SURFACE INFORMATION:

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

Pennsylvania, notification per PA One Call requires notice prior to start of work by calling

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

18. BUILDING PERMIT AND BUILDING PERMIT INSPECTION FEES

Contractor shall be responsible for obtaining all required permits and pay all the Township will waive all associated permitting and building permit inspection fees.

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19. REQUIRED INFORMATION TO BE PROVIDED

A. BID DOCUMENTS

Information and Forms requested in the frontend documents:

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

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

2. List of Subcontractors (Page D-1).

3. Addendum Acknowledgment (Page D-1).

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

5. Contractors Responsibility Certification (Page D-3-7)

6. Experience Questionnaire (Page D-8-10).

7. Bid Bond with Bonding company form (No specific form. The AIA bid bond form is acceptable).

8. RCO questionnaire

9. Non-discrimination Sexual Harassment Form

10. Public Works Verification Form

Information and Forms to be posted via the PennBid site:

The following documents are to be uploaded to the PennBid site BEFORE bid opening. The bidder must also acknowledge the required items were uploaded in the check boxes located in the RFI section under the bid form on the PennBid site.

3. Addendum Acknowledgment (Page D-1).

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

5. Contractors Responsibility Certification (Page D-3-7)

6. Experience Questionnaire (Page D-8-10).

7. Bid Bond with Bonding company form (No specific form. The AIA bid bond form is acceptable).

8. RCO questionnaire

9. Non-discrimination Sexual Harassment Form

10. Public Works Verification Form

Information and Forms to be submitted to the Township:

The following original documents are required to be submitted to the Township no more than three (3) business days after bid opening. These documents are hard copied, and some require signatures. For further instructions, refer to the appropriate description in Section B. Instructions to Bidders.

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3. Addendum Acknowledgment (Page D-1).

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

5. Contractors Responsibility Certification (Page D-3-7)

6. Experience Questionnaire (Page D-8-10).

7. Bid Bond with Bonding company form (No specific form. The AIA bid

8. RCO questionnaire

9. Non-discrimination Sexual Harassment Form

10. Public Works Verification Form

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TO: TOWNSHIP OF UPPER DARBY

Submitted electronically thru PennBid

This bid is submitted in accordance with your advertisement inviting bids to be received until 11:00AM prevailing time, on the April 22, 2026 for:

TOWNSHIP OF UPPER DARBY

REBID - OBSERVATORY HILL RECREATION AREA PHASE I

Having carefully examined the Contract Documents together with all Addenda or Bulletins, as prepared by the Engineers, and being familiar with the various conditions affecting the work, (including those under the

General Conditions which provide for THE PAYMENT OF LIQUIDATED DAMAGES TO THE

TOWNSHIP, HEREAFTER SET AT $ 500 PER CALENDAR , the undersigned agrees to furnish all labor, materials and equipment to construct and complete temporary restoration within 120 consecutive calendar days, after the notice to proceed, all the necessary contract work, in accordance with said contract documents, for which the following units and/or lump sum prices are submitted.

The Experience Questionnaire (pages D-3 thru D-5) must be completed and submitted with the “Form of

Proposal”. The name, company or agent, project and telephone number must be given for all references. A minimum of three (3) similar projects must be listed with at least one (1) project for similar work to be in the amount of not less than seventy-five (75%) of the amount of the enclosed bid. References must be provided for these similar projects.

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BID ITEMS

INSERT PENNBID BID TAB AFTER OPENING

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CONTRACT FORM OF BID

Note:

1. The Contract shall be awarded to the lowest responsible bidder based on the Itemized Bid Tabulations for the

Contract, however the Township reserves the right to award the contract to the lowest responsible bidder based on any combination of the Itemized Bid Tabulations and any Add Alternates.

2. These documents must be completed and uploaded to the PennBid website in accordance to Instructions to

Bidders or bids will be rejected.

3. Addendum Acknowledgment (Page D-1).

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

5. Contractors Responsibility Certification (Page D-3-7)

6. Experience Questionnaire (Page D-8-10).

7. Bid Bond with Bonding company form (No specific form. The AIA bid bond form is acceptable).

8. RCO questionnaire

9. Non-discrimination Sexual Harassment Form

10. Public Works Verification Form

3. These documents must be submitted in accordance to Instructions to Bidders or bids will be rejected.

Upper Darby Township, OBSERVATORY HILL RECREATION AREA PHASE IREBID - OBSERVATORY HILL RECREATION AREA PHASE 1

Township

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E. GENERAL CONDITIONS

1. DEFINITIONS:

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

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

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

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

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

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

Documents.

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

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

The term SUBSTANTIAL COMPLETION used herein shall be held to mean construction that is sufficiently completed in accordance with the Contract Documents and certified by the Engineer of the

Municipality, as modified by change orders agreed to by the parties, so that a project can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least 90% of the work on the project is completed.

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

2. OTHER CONTRACTS

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

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3. SUB-CONTRACTS

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

4. MUTUAL RESPONSIBILITY OF CONTRACTORS

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

Contractor or subcontractor by agreement or arbitration, if such other Contractor or subcontractor will so settle. If such other Contractor, or subcontractor shall assert any claim against the

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

5. FITTING AND COORDINATION OF WORK

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

6. SUPERINTENDENCE BY CONTRACTOR

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

7. PERMITS, LICENSES AND TAXES

The Contractor shall give all notice required by and comply with all applicable laws, ordinances, and codes of the Local Government, all construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawing and Detail Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Municipality. Where the requirements of the Drawings and Detail Specifications fail to comply with such applicable ordinances or codes, the Township 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 varying with any applicable Ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with the Drawings and

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

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

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

Permits for the opening and/or occupation of Township roads shall be obtained by the Contractor and State Highway permits shall be obtained by the Township. However, all inspection fees and/or any other charges shall be borne by the Contractor, whether same is billed directly to him or to the

Municipality. Should any such bill be left unpaid by the Contractor, the Township shall be empowered to pay such bills and the cost thereof deducted from any monies due or to become due the Contractor.

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

8. PROVISIONS REQUIRED BY LAW

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

9. PROTECTION OF WORK AND PROPERTY

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

The Contractor shall preserve and protect all trees, shrubs and grass on or adjacent to the site which do not reasonably interfere with the construction as may be determined by the Engineer and the

Contractor shall be responsible for all unauthorized cutting or damaging or trees and shrubs, including damage due to careless operation of equipment, stockpiling of materials or tracking of grass areas by equipment. The Contractor shall remove only those trees designated by the Engineer to be removed.

10. TEMPORARY PROVISION FOR PUBLIC TRAVEL

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

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11. SHOP DRAWINGS

The Contractor shall check and verify all field measurements and shall submit with such promptness as to cause no delay in his own work or in that of any other Contractor, three copies, checked and approved by him, of all shop or setting drawings and schedules required for the work of the various trades. The Engineer shall review, with reasonable promptness, such schedules and drawings only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The Contractor shall make any corrections required by the Engineer, file with him two copies and furnish such other copies as may be needed. The

Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications, unless he has in writing called the

Engineer's attention to such deviations at the time of submission, and secured his written approval, nor shall it relieve him from responsibility for errors in shop drawings or schedules.

12. TERMINATION, DELAYS, LIQUIDATED DAMAGES

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

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

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

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

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

To any acts of the Municipality.

To causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault of negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Township, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, E-5 tornadoes, cyclones and other extreme weather conditions; and

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

Provided, however, that the contractor promptly notified the Township within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Township 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 Township shall extend the time of completing the work for a period of time commensurate with the period of excusable delay.

Should the completion of the work be delayed beyond the time herein specified for completion for any reason other than the act of neglect of the Municipality, or an approved extension of time, the

Contractor shall pay the Township the actual engineering expenses incurred by the Township as a result of such delay and the Township may deduct such engineering costs from any payments due or to become due the Contractor.

13. INCONSISTENT SPECIFICATIONS AND DRAWINGS

Anything mentioned in the Detail Specifications and not shown on the Drawings or shown on the

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

In case of difference between the Detail Specifications and the Federal Requirements, the Federal

Requirements shall prevail.

14. USE OF PREMISES

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

Local or State Roads.

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

15. POSSESSION PRIOR TO COMPLETION

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

16. CHANGES IN THE WORK

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

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

Contract unless it is expressly provided otherwise in writing by the Municipality.

Except for the purpose of affording protection against endangering life or property, the Contractor shall make no changes in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services, or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the

Township authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract price will be valid unless so ordered. Where applicable, when unit prices are contained in the Bid, the Township may order the Contractor to proceed with desired changes in the work. The values of such changes are to be determined by the measured quantities involved and the applicable unit prices specified in the Contract. The Township shall, before ordering the

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

If the bid is acceptable, the Township will prepare the change order in accordance therewith for acceptance by the Contractor.

If the bid is not acceptable, and prompt agreement between the two parties cannot be reached, the

Township may order the Contractor to proceed with the work on a COST OF WORK basis.

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

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

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

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

Engineers, for use of motor trucks and special equipment such as power-operated shovels, cranes, drills, paving breakers, etc. (but not including small hand tools), at a rate not to exceed the current local rate charged for the type of equipment used, for the time that such equipment is required on the work for the performance of COST OF WORK

EXCLUSIVELY. The rental price shall be for the equipment provided on the work and shall include transportation to and from the work, fuel, power, lubricants, operating tools, repairs, depreciation, replacements, and the sharpening of drills and other tools required to keep them in the best working condition.

To the actual and necessary direct cost of the work done under COST OF WORK as noted above, fifteen (15) percent will be added to the expenditure for labor as set forth in

E-7 sub-paragraph (1) above and then (10) percent will be added to the expenditure for materials. No additions will be allowed to the rental of trucks, and special equipment. These percentages, and the rental price for equipment furnished, shall be deemed to cover the cost of heat, light, use and upkeep of small hand tools, administration, engineering, superintendence, all loss, damage, risk, and expenses incidental to the work and profit. The

Contractor shall have no claim in excess of the above, such payments being in full compensation for the performance of such work and the furnishing of such materials and for all expense in connection therewith and incidental thereto.

Should the Contractor sublet any portion of the work to be executed under COST OF

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

The Contractor shall submit to the Township monthly, prior to each current estimate, two copies of an itemized statement of the amount and value of labor and materials furnished, accompanied by the original receipted bills for commodities purchased or for work performed under a subcontract, and by an affidavit certifying the correctness of the said statement. The Township shall have access to any books, vouchers, records, and memoranda showing the labor employed and the materials actually used on the specific operation and the actual net cost thereof.

17. CLAIMS FOR EXTRA COST

If the Contractor claims that any instructions by Drawing or otherwise involve extra cost or extension of time, he shall, within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the

Municipality, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made.

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

Township.

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

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

18. DISPUTES

All disputes that arise under this Contract or its interpretation, whether involving law or fact or both, or extra work and all claims for alleged breach of contract within (10) days of commencement of the dispute be presented by the Contractor to the Township for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claims in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the work as directed.

Any claim not presented within the time limit specified within this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period

E-8 commencing ten (10) days prior to the receipt by the Township of notice thereof.

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

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

19. MATERIALS AND WORKMANSHIP

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

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

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

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

The Township may require the Contractor to dismiss from the work such employee or employees as the Township or the Engineer may deem incompetent or careless or insubordinate.

20. SAMPLES, CERTIFICATES AND TESTS

The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the Contract Documents or required by the Municipality, 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 samples or certificates have been reviewed by the Municipality. Any delay in the work caused by late or improper submission of samples or certificates for review 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 certificates or

E-9 letter from the Contractor shall state that the sample complies with contract requirements, shall give 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 Township 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.

Review of any materials shall be general only and shall not constitute a waiver of the Township's right to demand full compliance with Contract requirements. After actual deliveries, the Township will have such 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 Township 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. If materials, equipment or accessories are rejected, the Contractor shall reimburse the Township for Engineering costs incurred as a result of the rejected materials, equipment, or accessories.

21. CHANGES IN EQUIPMENT AND/OR MATERIALS

In these specifications and on accompanying drawings, there are specified and shown certain pieces of equipment and/or materials which are deemed most suitable for service anticipated. This is not done to eliminate other equipment and material equally as good and efficient. Contractor shall prepare his bid on particular material and equipment specified. Following award of contract, should Contractor desire to use some other make of machinery, equipment or material, he shall submit to the Township a written request for such change and in same shall state advantage to the Township and saving or additional cost involved by substitution. Determination as to whether or not such change will be permitted rests solely with the Municipality.

If the requested change resulted in added engineering costs, the Contractor will be notified of the magnitude of same, by the Municipality, and the change will only be processed upon agreement by the Contractor to pay for the added engineering costs. If the Contractor refuses to pay said added costs, he must supply the equipment and/or materials specified.

22. PATENTS

The Contractor shall hold and save the Municipality, its officers, and employees, harmless from liability of any nature or kind including costs and expenses, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract including its use by the Township unless otherwise specifically stipulated in the Detail Specifications.

23. WARRANTY OF TITLE

No material, supplies, or equipment for the work shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances, constructed or places

E-10 thereon by him to the Township free from any claim, liens, or charges. Neither the Contractor nor any person, firm or corporation furnishing any material or labor for any work covered by this contract, shall have any right to a lien upon any improvement or appurtenance thereon.