2-2026-06-10 Race St. Water Main Bid Docs.pdf

ADVERTISEMENT

INSTRUCTIONS TO BIDDERS

FORM OF BID

FORM OF GUARANTY

GENERAL CONDITIONS

SPECIAL CONDITIONS

CONSTRUCTION SPECIFICATIONS

FORM OF AGREEMENT

CONTRACTOR’S RELEASE

STATEMENT OF SURETY COMPANY

CONTRACT BOND

LIST OF CONTRACT DRAWINGS

PENNSYLVANIA PREVAILING WAGE RATES

PUBLIC WORKS EMPLOYMENT VERIFICATION

CHESTER COUNTY DCD BID SPECIFICATIONS

CHESTER COUNTY CONTRACT FOR SERVICES

BOROUGH OF KENNETT SQUARE

KENNETT SQUARE, PENNSYLVANIA

RACE STREET

WATER MAIN REPLACEMENT

CONTRACT NO. KSB-2026-RSWM

JUNE 2026

PENNONI ASSOCIATES INC.

CHRISTIANA EXECUTIVE CAMPUS

121 CONTINENTAL DRIVE, SUITE 207

NEWARK, DE 19713

PROJECT NO. KESQB25013

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

Race Street Water Main Replacement

Contract No. KSB-2026-RSWM i

TABLE OF CONTENTS PAGE NO.

A. ADVERTISEMENT ............................................................................................................. A-1

B. INSTRUCTIONS TO BIDDERS ......................................................................................... B-1

C. FORM OF BID ..................................................................................................................... C-1

D. FORM OF GUARANTY ...................................................................................................... D-1

E. GENERAL CONDITIONS .................................................................................................. E-1

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 Contractor ............................................................................... 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-3

12. Termination; Delays; 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-5

17. Claims For Extra Cost .............................................................................................. E-7

18. Disputes ................................................................................................................... E-7

19. Materials And Workmanship ................................................................................... E-7

20. Samples, Certificates And Tests .............................................................................. E-8

21. Changes In Equipment And/Or Materials ................................................................ E-8

22. Patents ...................................................................................................................... E-9

23. Warranty Of Title ..................................................................................................... E-9

24. The Owner's Right To Do Work .............................................................................. E-9

25. The Owner's Right To Terminate Contract .............................................................. E-9

26. Damages................................................................................................................... E-10

27. Engineer’s Status ..................................................................................................... E-10

28. No Estoppel Or Waiver Of Legal Rights ................................................................. E-10

29. Safety And Health Regulations (OSHA) ................................................................. E-11

30. Remedies .................................................................................................................. E-11

31. Indemnification ........................................................................................................ E-11

32. Sub-Surface Information .......................................................................................... E-12

33. Warranty of Materials and Equipment ..................................................................... E-12

F. SPECIAL CONDITIONS ..................................................................................................... F-1

1. Contract Security ..................................................................................................... F-1

2. Contractor’s Insurance ............................................................................................. F-1

3. Special Coverage Terms .......................................................................................... F-3

4. Progress Schedule .................................................................................................... F-4

5. Location Of Utilities ................................................................................................ F-4

6. Inspection Of Work ................................................................................................. F-4

7. Use Of Explosives Is Not Permitted ........................................................................ F-5 ii

PAGE NO.

8. Night, Weekend And Holiday Work ....................................................................... F-5

9. Payment To Contractor ............................................................................................ F-5

10. Correction Of Work After Final Payment ............................................................... F-7

11. General Guaranty ..................................................................................................... F-7

12. Office Space (Not Required) ................................................................................... F-8

13. Sanitary Facilities .................................................................................................... F-8

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

19. Pennsylvania Steel Products Procurement Act ........................................................ F-11

20. Act 287 ..................................................................................................................... F-11

G. CONSTRUCTION SPECIFICATIONS ............................................................................... G-1

011000 SUMMARY

011500 PRE-CONSTRUCTION SITE ASSESSMENT

012200 UNIT PRICES

013300 SUBMITTAL PROCEDURES

015526 TRAFFIC CONTROL

017700 CLOSEOUT PROCEDURES

017839 PROJECT RECORD DOCUMENTS

312333 TRENCHING AND BACKFILLING

324860 RESTORATION

329200 TURF AND GRASSES

331413 PUBLIC WATER DISTRIBUTION PIPING

H. FORM OF AGREEMENT ................................................................................................... H-1

I. CONTRACTOR'S RELEASE .............................................................................................. I-1

J. STATEMENT OF SURETY COMPANY ........................................................................... J-1

K. CONTRACT BOND* ........................................................................................................... K-1

L. LIST OF CONTRACT DRAWINGS ................................................................................... L-1

M. PENNSYLVANIA PREVAILING WAGE RATES

AND PAYROLL CERTIFICATION FORM ....................................................................... M-1

N. PUBLIC WORKS EMPLOYMENT VERIFICATION FORM ........................................... N-1

O. CHESTER COUNTY DCD BID SPECIFICATIONS ......................................................... O-1

P. CHESTER COUNTY CONTRACT FOR SERVICES FORM ............................................ P-1

A-1

A. ADVERTISEMENT

BOROUGH OF KENNETT SQUARE

KENNETT SQUARE, PENNSYLVANIA

Sealed bids will be received electronically through PennBid™ by the Borough of Kennett Square for

Race Street Water Main Replacement, Contract KSB-2026-RSWM until 10:00 AM, prevailing time, on June 30, 2026, at which time they will be publicly read at the Borough of Kennett Square office, 600 South Broad Street, Kennett Square, PA 19348. All documents and solicitation details are available online anytime at no cost at PennBid™ (www.PennBid.net).

Each bid must be accompanied by a certified check or bid bond payable to the Owner in an amount of not less than ten percent (10%) of the bid or bids. Only bonds from companies licensed to do business in the State where the Owner is located will be accepted and the bond shall so state same.

This project involves replacement of approximately 860 LF of 6” and 8” DIP water main, replacement of service lines and valves, two new fire hydrants, and replacement of a storm inlet.

A non-mandatory pre-bid meeting will be held on June 15, 2026, at 10:00 AM at the intersection of S.

Willow Street and Juniper Street, Kennett Square, PA 19348.

Bids must be submitted unconditionally. No bidder may withdraw bid within sixty (60) days after the scheduled closing time for receipt of bids.

The Owner reserves the right to waive any informality, or to reject any or all bids.

Pennsylvania Department of Labor and Industry Prevailing Wage Rates apply to this project.

This project is funded in part by a grant from the Chester County Department of Community

Development Community Revitalization Program. Requisite grant requirements apply as further detailed in the bid documents.

http://www.pennbid.net/

B-1

B. INSTRUCTIONS TO BIDDERS

1. BIDDER'S RESPONSIBILITY

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

2. DELIVERY OF BIDS

Bids shall be collected electronically at PennBid™ (www.ebidexchange.com/pennbid). It is the responsibility of the bidder to submit his bid prior to the time of opening. No bid shall be considered after the time set for the receipt of bids.

Bids shall be submitted on the electronic Form of Bid furnished at PennBid™. Submission of paper

Bid forms by mail, hand-delivery, e-mail, facsimile, or other method will not be accepted and shall not constitute a responsive bid.

All bid packages shall include:

• Form of Bid (to be completed electronically on PennBid™). ...................... Pgs. C-1 to C-5

• Form of Guaranty ......................................................................................... Pg. D-1

• Bid Bond ...................................................................................................... AIA Form

• Memorandum of Understanding: Labor Compliance ................................... Pg. 12 (Sec. O)

• Non-Collusion Affidavit ............................................................................... Pgs. 15-17 (Sec. O)

• Waiver of Liens ............................................................................................ Pgs. 18-19 (Sec. O)

• Bidder Responsibility Questionnaire ............................................................ Pg. 20 (Sec. O)

• Public Works Employment Verification Form ............................................. Pg. N-1

The apparent three (3) low bidders shall be prepared to provide the original paper copy of all bid forms, including original signatures and seals, within three (3) days of bid opening to the offices of the Owner, if requested to do so by the Owner

3. BULLETINS

Bidders shall acknowledge electronically on PennBid™ receipt of all bulletins which have been issued during period of bidding and agree that said bulletins shall become part of this contract. The bidders shall list the numbers and issuing dates of the bulletins received and acknowledge same on the appropriate page provided in the Form of 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 Owner as payee or obligee, and shall be forfeited as liquidated damages if the bidder fails to execute the contract in conformity with the Agreement incorporated in the Contract Documents, and furnish bonds as specified, within ten (10) days after receipt of Contract Documents. Such checks or bid bonds will be returned, to all except the three lowest bidders immediately after the award, and the remaining unsuccessful bidders checks or bid bonds will be returned when the contracts executed by both parties are delivered to the successful bidder.

http://www.ebidexchange.com/pennbid

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

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

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

6. PROOF OF BIDDER'S RESPONSIBILITY

On request, bidder shall file an experience questionnaire and financial statement with the Owner. The questionnaire and statement shall be certified to be true and correct by an affidavit sworn to or affirmed before a notary public, or other officer empowered to administer oaths or affirmations.

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

None of the following will be considered as liquid assets:

(a) Capital Stock of the Contractor.

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

(c) Equity in real estate.

(d) Life Insurance.

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

(f) Deposits held as security for other contracts.

(g) Capital of proposed subcontractors.

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

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

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

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

7. CHANGES WHILE BIDDING

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

If any prospective bidder on the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Engineer, electronically via PennBid™, 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 at PennBid™ (www.PennBid.net), and a copy of such addendum may be downloaded at any time by each prospective bidder who has received a set of such documents. The Engineer and/or Owner will not be responsible for any other explanations or interpretations of the proposed documents.

8. BID OPENING PROCEDURE

Sealed bids on projects will be received by the Owner via PennBidTM until the time stated in the

"Advertisement" at which time all bids will be publicly opened and read. The Owner reserves the right to reject any or all bids, or parts thereof, as it may deem best for the interest of the Owner.

9. COLLUSIVE BIDS

The bid of any bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one bid in such manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a collusive bidder. The Owner may reject the bid proposals of any collusive bidder upon bid opening. However, nothing in this section shall prevent a bidder from revising their bid proposal electronically via PennBidTM at any time before the

Bid due time.

10. WITHDRAWAL OF BIDS

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).

11. AWARD OF CONTRACT

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

Owner’s Solicitor shall have the right to waive technicalities for the best interests of the Owner. If an award of Contract is made, it will be made to the lowest responsible bidder, based on the Base Bid or any combination of the Base Bid and any of the selected Add Items for that Contract within the time period indicated herein under “ADVERTISEMENT” or if not specified, within 60 days of the bid opening.

Thirty (30) day extensions of time may be made by the mutual written consent of the Owner and the lowest responsible bidder. If the lowest bidder withdraws his bid or refuses or fails to proceed http://www.pennbid.net/

B-4 according to the Contract Documents, the Owner shall have the right to award the Contract to the next lowest responsible bidder or to reject all bids and re-bid the Project.

12. RESOLVING TIE BIDS

In the event of a tie bid of the exact same amount between two or more responsive and responsible bidders, the Owner shall notify the affected bidders of the tie and request a voluntary discount from them to be due at a specified date and time. If this does not resolve the tie or is not practical, the Owner may consider any or a combination of the following factors in order to break the tie:

a) Advantageous delivery date

b) The bidder’s past performance with the Owner

If none of the above options are practical or do not result in breaking the tie, the Owner may utilize a coin flip to resolve the tie. If this method is to be used, the Owner will notify the affected bidders no less than 48 hours prior to the coin flip to allow for the bidders or their designees to be present, if they so choose, to witness the coin flip. In addition, any coin flip will be open to the public.

13. EXECUTION OF CONTRACT

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

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

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

14. FAILURE TO EXECUTE CONTRACT

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

15. SUBLETTING OR ASSIGNING OF CONTRACT

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

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16. REJECTION OF BIDS

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

17. SUB-SURFACE INFORMATION

If a prospective bidder desires to make borings or soundings or to dig test pits at or near the site of the work, he shall do so at his own expense subject to written approval of the Owner. Before making any excavations, borings or sounding or digging test pits the bidder shall check the records for any municipal, public utility, or privately-owned structures that may be disturbed. In Pennsylvania, PA

One Call requires notice three (3) working days prior to start of work by calling 1-800-242-1776.

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

Prior to performing any sub-surface work, the Contractor must provide a Certificate of Insurance that names the Borough of Kennett Square as an “additional insured.” Limits of insurance shall be as specified in Section F.2 of these specifications.

18. COMMUNITY REVITALIZATION PROGRAM

The work indicated will be funded in part by the Chester County Department of Community

Development with partial reimbursement under the Chester County Community Revitalization

Program (CRP). The solicitation process, contract and conduct of the work must meet the requirements of the grant agreement between the Owner and the County as included in Section P of this Contract

Document. The agreement obligates the Owner to certain compliance requirements that if not followed could cause the Owner to not receive the CRP proceeds. Bids are to be submitted on the forms furnished in the bid package. All bidders must be qualified to perform the work and shall complete the required Bidder Forms contained in the Contract Documents.

This bid is in accordance with the Pennsylvania Prevailing Wage Act, and the successful bidder shall pay no less than the PA L&I Wage Rates determined for the project as stated in the Contract

Documents and shall submit payroll certifications on the form in Section M of this Contract Document.

Award of the Contract, if the contract is awarded, will be to the lowest responsible bidder, however

Owner reserves the right to reject any and or all bids on any basis and to waive any informality in the bidding, as permitted by law.

Section C, Form of Bid, is to be completed ELECTRONICALLY via PennbidTM.

C. FORM OF BID

TO: Borough of Kennett Square

600 South Broad Street

Kennett Square, PA 19348

Ladies & Gentlemen:

This bid is submitted in accordance with your advertisement inviting bids to be received until 10:00 A.M., prevailing time, on the 30th day of June 2026 for:

RACE STREET WATER MAIN REPLACEMENT

CONTRACT No. KSB-2026-RSWM

Having carefully examined the Contract Documents together with all Addenda or Bulletins, as prepared by the Engineers, and being familiar with the various conditions affecting the work, (including those under the General Conditions which provide for the payment of liquidated damages to the owner, hereafter set at $ 100.00 per calendar day, in the event the contract is not completed within the allotted time) the undersigned agrees to furnish all labor, materials and equipment to construct and complete within 90 consecutive calendar days, all the necessary contract work, in accordance with said contract documents, for which the following units and/or lump sum prices are submitted.

C-2

ITEM

NO.

QUANTITY DESCRIPTION UNIT PRICE

ESTIMATED

TOTAL

Base Bid

1. 1 L.S. Mobilization and Demobilization. Price complete, in place, per lump sum:

DOLLARS $ N/A $

2. 11 Each Utility Test Pits. Price complete, in place, per each:

DOLLARS $ $

3. 1 L.S. Traffic Control. Price complete, in place, per lump sum:

4. 1 L.S. Site Preparation and Restoration. Price

5. 170 L.F. 6" DIP Water Main. Price complete, in place, per linear foot:

6. 610 L.F. 8" DIP Water Main. Price complete, in place, per linear foot:

7. 1 Each 8" X 8" Wet Tap to C900 PVC, Valve and

Valve Box. Price complete, in place, per each:

8. 1 Each 8" X 8" Wet Tap to ACP, Valve and Valve

Box. Price complete, in place, per each:

9. 1 L.S. 4" X 4" Wet Tap, Valve and Valve Box, and

4" X 8" Reducer. Price complete, in place, per lump sum:

C-3

ITEM

NO.

QUANTITY DESCRIPTION UNIT PRICE

ESTIMATED

TOTAL

10. 1 Each 4" Insertion Valve. Price complete, in place, per each:

11. 1 Each 8" Insertion Valve on C900 PVC. Price complete, in place, per each:

12. 3 Each 6" Gate Valve and Valve Box. Price

13. 2 Each 8" Gate Valve and Valve Box. Price

14. 150 L.F. 3/4" Copper Water Service Pipe in ROW.

Price complete, in place, per linear foot:

15. 15 L.F. 2" C900 PVC Water Service Pipe in ROW.

Price complete, in place, per linear foot:

16. 40 L.F. 3/4" Copper Water Service Pipe

Replacement outside ROW. Price complete, in place, per linear foot:

17. 5 Each 3/4" Copper Water Service Pipe

Reconnection at Residence. Price complete, in place, per each:

18. 11 Each Service and Curb Stop Reconnections. Price

C-4

ITEM

NO.

QUANTITY DESCRIPTION UNIT PRICE

19. 1 L.S. Remove Existing Fire Hydrant. Price

20. 2 Each Fire Hydrant. Price complete, in place, per each:

21. 1 Each Air Release Valve and Manhole. Price

22. 1 L.S. Water Main Testing and Disinfection. Price

23. 1 L.S. Demolish Storm Sewer Piping and Inlets.

Price complete, in place, per lump sum:

24. 1 Each Standard Inlet Box with Type ‘M’ Top.

Price complete, in place, per each:

25. 310 S.Y. Trench Restoration Pavement (4" Base).

Price complete, in place, per square yard:

26. 7 S.Y. Trench Restoration Pavement in Cypress St.

(7.5" Base OR 5" Base and 2.5" Binder).

27. 1,600 S.Y. 1.5" Mill and Wearing Course Overlay.

C-5

ITEM

NO.

QUANTITY DESCRIPTION UNIT PRICE

28. 1 L.S. Permanent Paving Marking Restoration.

Price complete, in place, per lump sum:

29. 100 C.Y. Miscellaneous Excavation and Backfill.

Price complete, in place, per cubic yard:

30. 1 L.S. Cut, Cap, Drain, and Abandon Existing

Water Main. Price complete, in place, per lump sum:

TOTAL BASE BID FOR CONTRACT KSB-2026-RSWM

(Based on Estimated Quantities) $

Add Items

31. 1 L.S. Flowable Fill Setup and Installation. Price

32. 8 C.Y. Flowable Fill Material. Price complete, in place, per cubic yard:

TOTAL AMOUNT BID INCLUDING BASE BID AND ALL ADD ITEMS FOR

CONTRACT KSB-2026-RSWM

(Based on Estimated Quantities) $

D-1

D. FORM OF GUARANTY

Accompanying this Bid is a in the amount of

Dollars ($ ) as bid security.

BULLETINS:

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

Bulletin No. Issuing Date

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

FIRM NAME

ADDRESS

PHONE

Official Seal

Attest By By

TITLE TITLE

E-1

E. GENERAL CONDITIONS

1. DEFINITIONS

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

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

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

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

A SUBCONTRACTOR 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

Contractor’s contract.

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

Documents.

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

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

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

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

2. OTHER CONTRACTS

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

E-2

3. SUB-CONTRACTS

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

4. MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts or neglect on the part of the Contractor, any other Contractors, or any subcontractor, shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or subcontractor by agreement or arbitration, if such other Contractor or subcontractor will so settle. If such other Contractor, or Subcontractor shall assert any claim against the Owner on account of any damage alleged to have been so sustained, the Contractor shall defend and indemnify Owner for any and all claims, including but not limited to, claims for delay, liquidated damages, increased costs, damage to materials or work, overhead, property damage or personal injury, made by other Contractors and Subcontractors performing work or supplying materials to the project alleged to have been caused in whole in part by any Act or Omission of the Contractor whether or not caused in whole or in part by the acts or omissions of Owner, its Engineers, employees or Contractors.

5. FITTING AND COORDINATION OF WORK

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

6. SUPERINTENDENCE BY CONTRACTOR

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

7. PERMITS, LICENSES AND TAXES

The Contractor shall give all notice required by and comply with all applicable laws, ordinances, and codes of the Local Government, all construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the

Contractor shall examine the Drawing and Detail Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Owner. Where the requirements of the Drawings and Detail Specifications fail to comply with such applicable ordinances or codes, the Owner will adjust the Contract by Change Order to conform to such ordinances or codes

(unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices.

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 Detail

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

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

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

Permits for the opening and/or occupation of Township or Borough roads shall be obtained by the

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

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

8. PROVISIONS REQUIRED BY LAW

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

9. PROTECTION OF WORK AND PROPERTY

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

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

10. TEMPORARY PROVISION FOR PUBLIC TRAVEL

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

11. SHOP DRAWINGS

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

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Contract Documents. The Contractor shall make any corrections required by the Engineers, file with him two copies and furnish such other copies as may be needed. The Engineers' review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from

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

12. TERMINATION; DELAYS; LIQUIDATED DAMAGES

If the Contractor refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in these Contract Documents, or as modified as provided in these Contract

Documents, the Owner, by written notice to the Contractor, may terminate the Contract and the

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

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

The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with

Liquidated Damages for any delays in the completion of the work due:

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

To any acts of the Owner;

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

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

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

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

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Contractor.

Waiver of Liquidated / Consequential Damages:

Expect as mutually agreed by the Parties, Contractor agrees to waive all claims for Liquidated and

Consequential Damage, damages that may arise out of or relate to this Contract, expect those specific items mutually agreed upon by the Parties.

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.

14. USE OF PREMISES

The Contractor shall confine his equipment, storage of materials and construction operations to the

Contract Limits as shown on the Drawings and as prescribed by ordinances or permits, or as may be directed by the Owner, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. No material of any kind may be stored on Borough, Township or State Roads.

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

15. POSSESSION PRIOR TO COMPLETION

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

16. CHANGES IN THE WORK

The Owner may make changes in the scope of the work required to be performed by the Contractor under the Contract or make additions thereto, or omit work therefrom, without invalidating the

Contract, and without relieving or releasing the Contractor from any of his obligations under the

Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds.

All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise in writing by the Owner.

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

Contractor to proceed with the change. No claim for an adjustment of the Contract price will be valid unless so ordered.

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Where applicable, when unit prices are contained in the Bid, the Owner may order the Contractor to proceed with desired changes in the work. The value of such changes is to be determined by the measured quantities involved and the applicable unit prices specified in the Contract. The Owner shall, before ordering the Contractor to proceed with desired changes, request an itemized bid from him covering the work involved in the change, following which the procedure shall be as follows:

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

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

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

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

(a) 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.

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

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

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

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

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