INVITATION FOR BID

SPECIFICATIONS AND BID DOCUMENTS

FOR

2026 ROADWAY PROJECT - NORTH STREET

UPPER POTTSGROVE TOWNSHIP

MONTGOMERY COUNTY, PENNSYLVANIA

PREPARED BY:

LTL Consultants, Ltd.

One Town Centre Drive P. O. Box 241

Oley, Pennsylvania 19547-0241 Telephone - 610-987-9290

Fax - 610-987-9288

BIDS DUE BY THURSDAY, AUGUST 13, 2026 at 11:00 AM

LTL # 0220-2602

ISSUED FOR BID – 07/24/2026

All documents prepared by LTL Consultants, Ltd. 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 LTL Consultants, Ltd. will be at the Owner’s sole risk and without liability or legal exposure to LTL Consultants, Ltd.; and Owner shall indemnify, and hold harmless LTL Consultants, Ltd. from all claims, damages, losses and expenses arising out of resulting therefrom.

TABLE OF CONTENTS

SUBJECT PAGE NUMBER

NOTICE TO BIDDERS

LOCATION MAP

INSTRUCTIONS TO BIDDERS

SUMMARY OF PROJECT

GENERAL CONDITIONS

SPECIAL CONDITIONS

SPECIAL PROVISIONS

TECHNICAL SPECIFICATIONS

Additional Documents Available on the PennBid Website (https://pennbid.bonfirehub.com)

Prevailing Wage Determination (7 pages)

Bid Proposal Documents Proposal Bid Form Statement of Bidder’s Qualifications Anti-Collusion Affidavit Bid Bond Public Works Employment Verification Form

Contract Award Documents Agreement Performance Bond Payment Bond Affidavit Re: Accepting Provisions of the Worker’s Compensation Act Certificate of Insurance Maintenance Bond

Construction Drawings (1 Sheets)

NOTICE TO BIDDERS

Online SEALED PROPOSALS for the 2026 ROADWAY PROJECT - NORTH STREET will be received by UPPER POTTSGROVE TOWNSHIP of MONTGOMERY COUNTY via the PennBid Program until THURSDAY, AUGUST 13, 2026 at 11:00 AM at which time the proposals will be opened electronically.

After bids are opened, a public notice will be issued via PennBid containing any available bid results. The Board of Commissioners will consider the proposals and tentatively award at their regularly scheduled meeting held on MONDAY, AUGUST 17, 2026 at 7:00 PM.

This project includes roadway milling and pavement overlay for 650 feet +/-. The scope of work will also include pavement base repair and inlet top replacement.

The successful bidder will be required to pay the PennBid Program fee of 1/3% of the contract value award.

There is a minimum award fee of $150.00 and a maximum of $6,000.00.

Bid documents can be obtained online via the PennBid Program at https://pennbid.bonfirehub.com.

A Pre-Bid conference will be held on TUESDAY, AUGUST 4, 2026 at 10:00 AM on-site. Attendance at the pre-bid meeting is not required but is strongly encouraged.

Proposals shall be accompanied by a Bid Bond in the amount of ten percent (10%). Proposals shall be effective for 90 days from the date of opening. The successful low bidder will be required to provide a Performance Bond equal to one hundred percent (100%), a Labor and Material Payment Bond equal to one hundred percent (100%), a worker’s compensation affidavit, and a certificate of insurance naming UPPER POTTSGROVE TOWNSHIP and LTL Consultants, Ltd. as additional insureds, all within 20 days after the contract is awarded. A Maintenance Bond equal to fifteen percent (15%) of contract price and extending for a period of 18 months after substantial completion is required.

UPPER POTTSGROVE TOWNSHIP reserves the right to waive any non-material defects or irregularities in the bid, and to reject any or all bids or portions thereof. UPPER POTTSGROVE TOWNSHIP, in accordance with Title VI of the U.S. Civil Rights Act of 1964 and Parts 21 and 23 of 49 C.F.R., notifies all bidders that it will affirmatively ensure that MBE/WBE will be afforded full opportunity to submit bids in response to this invitation and that no person will be discriminated against on the grounds of race, color, sex or national origin in consideration for an award.

Project is to be substantially completed by FRIDAY, OCTOBER 30, 2026. Liquidated damages apply at the rate of five hundred dollars ($500.00) per calendar day.

Proposals must include the Public Works Employment Verification Form completed by the Bidder.

Notice is hereby given to bidders that this project is subject to the provisions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442, P.L. 987), as amended.

UPPER POTTSGROVE TOWNSHIP

Joseph Geib Township Manager

LOCATION MAP

2026 ROADWAY PROJECT - NORTH STREET

UPPER POTTSGROVE TOWNSHIP, MONTGOMERY COUNTY, PA

SITE

INSTRUCTIONS TO BIDDERS

1. RECEIPT AND OPENING OF BIDS

1.1 The bid shall be completed on the PennBid Program website.

1.2 UPPER POTTSGROVE TOWNSHIP, MONTGOMERY COUNTY, Pennsylvania (“Owner”) may consider informal any bid not prepared and submitted in accordance with the provisions set forth herein. The Owner reserves the right to waive any non-material defects or irregularities in the bid, and to reject any or all bids or portions thereof. Any bid may be withdrawn prior to the scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified for the opening of bids shall not be considered.

2. PREPARATION OF BID

2.1 Each bid shall be submitted via the PennBid Program website at https://pennbid.bonfirehub.com. All supporting documents shall be submitted electronically via the website.

3. PROPOSALS

3.1 Before submitting a proposal, each Bidder shall make a careful study of the specifications and drawings and fully assure itself as to the quality of the materials and the character of workmanship required. The Bidder shall carefully consider and visit the site where the work for the Project as set forth in the Contract Documents (“Work”) shall be performed and materials delivered, and should such Bidder’s proposal be accepted, such Bidder shall be responsible for any misunderstanding or error, whether it results from such Bidder’s failure to do so or not.

3.2 The proposal for the Work shall cover all contingencies, including but not limited to labor, materials, equipment, tools, transportation, etc., necessary for the complete installation of everything described, shown or reasonably implied herein and to provide for a complete installation in every way.

3.3 Mobilization, demobilization, supervision, layout, traffic control, dust control, concrete "washes", crushed stone, asphalt, connections and all other miscellaneous items incidental to the Work and which are not specifically listed in the Bid Form shall be understood to have been included in the various prices listed in the Bid Form and shall not be the basis for claims for additional compensation.

3.4 Quantities of the various kinds of Work to be done and materials to be furnished, as stated in the Contract Documents, are approximate. The quantity of materials actually to be furnished may be varied to suit the requirements of the Work and the statement of approximate quantities in the Contract Documents shall in no way relieve the Bidder from ascertaining independently and on its own account the amount and labor to be furnished.

3.5 Increases or decreases in the quantities for unit prices shall be regarded neither as sufficient grounds for an increase nor decrease in the unit prices bid, nor for claims for anticipated profits, nor for loss of profits, nor for other damages, nor for the extension of time allowed for completion of the Work.

3.6 The right is reserved to furnish any detailed drawings that in the judgment of the Owner’s Engineer (“Engineer”) may be necessary, and such drawings shall form a part of the Contract.

3.7 Supervision: The successful Bidder (“Contractor”), as part of the Work, shall personally supervise the Work and carefully study and compare all drawings, specifications and other information given to him by the Engineer as to figures, materials and method of construction and shall immediately report to the Engineer for rectification of any error, inconsistency or omission therein which he shall discover.

4. OBLIGATION OF BIDDER

4.1 Upon receipt of the bids, each Bidder shall be presumed to have inspected the Work site and read and be thoroughly familiar with the plans and Contract Documents (including all addenda).

The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation with respect to such Bidder’s bid.

4.2 A pre-bid meeting will be held as listed in the Notice to Bidders. Attendance at the pre-bid meeting is not required but is strongly encouraged. Representatives of the Owner and the Engineer will be present to discuss and view the Project. The Engineer may transmit to all prospective Bidders of record such addenda as the Engineer considers necessary in response to questions arising at the pre-bid meeting.

5. BID SECURITY

5.1 Each bid proposal shall be accompanied by a Bid Security in the form of a certified check, money order, cash, or Bid Bond in an amount equal to not less than ten percent (10%) of the total amount of the bid. The amount of the Bid Security is the measure of liquidated damages that the Owner will sustain by the Bidder’s failure to execute the proper agreements and bonds, and upon a default by the Bidder, the Bid Security shall become the property of the Owner.

6. ADDENDA AND INTERPRETATIONS

6.1 If any Bidder fails to fully understand any clause or requirement set forth in the Contract Documents, such Bidder shall make inquiry to the Engineer for an interpretation in advance of the submission of the bid. In addition, each Bidder shall promptly notify the Engineer of any ambiguity, inconsistency or error that it may discover upon examination of the Contract Documents, the site or local conditions.

6.2 Every request for such interpretation shall be in writing via the PennBid Program and to be given consideration shall be received by AUGUST 7, 2026 at 11:00 AM. Any such interpretation and supplemental instructions shall be issued in the form of written addenda and posted on the PennBid Program website. Bidders must acknowledge any addenda issued with their bid submission.

6.3 Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under such Bidder’s bid as submitted.

6.4 Each Addendum shall become a part of the Contract Documents and shall take precedence over the terms of the original Contract Documents that are modified by the Addenda. Subsequent Addenda shall take precedence over previously issued Addenda.

6.5 In the interest of brevity, the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an”, but the fact that a modifier or an article is absent from one (1) statement and appears in another is not intended to affect the interpretation of either statement.

7. QUALIFICATIONS OF BIDDERS

7.1 The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the contract and to complete the Work contemplated therein. Conditional bids shall not be accepted.

8. METHOD OF AWARD - LOWEST QUALIFIED BIDDER

8.1 Bids will be evaluated on the base bid amount and awarded to the lowest responsible Bidder.

OWNER reserves the right to reject any and all Bids, including without limitation, the right to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids and to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an Award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financing ability or fails to meet any other pertinent standard or criteria established by OWNER.

8.2 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of Bids and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and/or other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time.

9. SECURITY FOR FAITHFUL PERFORMANCE

9.1 Simultaneously with its delivery of the executed Contract, the Contractor shall furnish surety bonds in an amount equal to one hundred percent (100%) of the Contract as security for the faithful performance of the Contract and the payment of all persons performing labor on the Project under the Contract.

10. SUB-CONTRACT

10.1 The Contractor shall provide a list of all sub-contractors intending to work on the Project and designate the specific work to be performed by each. The Contractor shall notify the Engineer in writing of each change to the list of sub-contractors after the Contract is awarded.

10.2 The Contractor, in sub-letting any part of the Contract, shall bind each sub-contractor to the terms of the Contract Documents.

11. LAWS AND REGULATIONS

11.1 All applicable laws, statutes, ordinances, codes, rules, regulations, orders and decrees of all governmental bodies, agencies, bureaus and authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they are deemed to be included in the Contract and binding upon Contractor as if more fully set forth therein.

12. DATE OF COMPLETION

12.1 Failure to complete the Work on or before the specified completion date without the granting of a written extension by the Owner, which extension shall not be unreasonably withheld, may, at the sole discretion of the Owner, result in an assessment of liquidated damages of five hundred dollars ($500.00) for each calendar day that expires after the time specified for Substantial Completion until the Work is substantially complete (see definition of Substantial Completion below).

12.2 The Owner reserves the right to declare a default if the Contractor fails to complete the Work on or before the specified completion date and to use the performance security to complete the Work.

13. SUBSTITUTIONS

13.1 No change in the character or make of materials herein shall be permitted at the time the proposals are received. Bidders desiring any such change shall make written application to the Engineer at least five (5) calendar days prior to the time of the closing of bids. If such changes are approved by the Engineer, each Contractor bidding on the Work will be notified as set forth in Section 6 herein.

14. RIGHTS RESERVED

14.1 The Owner reserves the right to waive any non-material defects or irregularities in each bid, and to reject any or all bids, or portions thereof, or to award the Project in the best interests of the Owner.

14.2 The Owner reserves the right to increase or decrease the amount of Work to be performed under the Contract at the same unit prices.

14.3 The Owner reserves the right to consider alternate materials or processes.

15. QUALITY OF MATERIALS AND LABOR

15.1 The Project shall be constructed in accordance with the Specifications set forth herein, the requirements of PennDOT Publication 408, current edition, as amended, and, in addition, Standard Special Provisions, as published by PennDOT. The specifications must be strictly adhered to during the entire period of the Contract.

15.2 All Work shall be performed to the satisfaction of the Engineer, whose decision concerning the requirements of the drawings, specifications and Contract in executing the Work shall be final and binding on the Contractor.

16. WARRANTY

16.1 The Contractor shall guarantee all materials and workmanship for a period of eighteen (18) months from the date of final acceptance by the Owner and the Engineer. The Contractor shall, within seven (7) calendar days of written or verbal notice by the Owner or the Engineer, at no charge to the Owner, rectify all defects occurring within said eighteen (18) month period.

17. PUBLIC WORKS EMPLOYMENT VERIFICATION ACT COMPLIANCE

17.1 The successful bidder shall comply with any and all requirements of the Public Works Employment Verification Act through utilization of the Federal E-Verify Program.

18. NONDISCRIMINATION / SEXUAL HARASSMENT COMPLIANCE

18.1 The successful bidder shall comply with any and all requirements of the Nondiscrimination / sexual harassment clause as required by any third-party agency contract.

SUMMARY OF PROJECT

Project Type: Municipal Posted: 07/26/2026

Federal Project Status: Local Oversight Non-NHS

State Type of Work: This project includes roadway milling and pavement overlay for 650 feet +/-. The scope of work will also include pavement base repair and inlet top replacement.

Penn DOT Prequalification Required: No

Pre-Bid Meeting: TUESDAY, AUGUST 4, 2026 at 10:00 AM ON SITE AT 287 NORTH STREET. Attendance at the pre-bid meeting is not required but is strongly encouraged.

Bids Due: THURSDAY, AUGUST 13, 2026 at 11:00 AM

Project Award: MONDAY, AUGUST 17, 2026 at 7:00 PM

Estimated Project Cost: $200,000

Anticipated Notice to Proceed: FRIDAY, AUGUST 28, 2026

Substantial Completion: FRIDAY, OCTOBER 30, 2026 DBE: None

Wage Rates: Yes

SCOPE OF WORK

I. GENERAL

The Work to be performed by the Contractor shall consist of furnishing all labor, tools, supplies, materials, transportation, services, superintendence and all other items necessary and/or required for a complete in-place installation of all the items specified herein. All workmanship and materials shall conform to PennDOT Publication 408, current edition, as amended, Publication 72M, Publication 219M, Specifications, and all other documents specified on the design drawings.

II. SCOPE OF WORK

This project includes roadway milling and pavement overlay for 650 feet +/-. The scope of work will also include pavement base repair and inlet top replacement.

GENERAL CONDITIONS

1. DEFINITIONS

2. OTHER CONTRACTS

3. SUB-CONTRACTS

4. MUTUAL RESPONSIBILITY OF CONTRACTORS

5. FITTING AND COORDINATION OF WORK

6. SUPERINTENDENCE BY CONTRACTOR

7. PERMITS, LICENSES AND TAXES

8. PROVISIONS REQUIRED BY LAW

9. PROTECTION OF WORK AND PROPERTY

10. TEMPORARY PROVISION FOR PUBLIC TRAVEL

11. SHOP DRAWINGS AND MATERIALS CERTIFICATION

12. TERMINATION; DELAYS; LIQUIDATED DAMAGES

13. INCONSISTENT SPECIFICATIONS AND DRAWINGS

14. USE OF PREMISES

15. POSSESSION PRIOR TO COMPLETION

16. CHANGES IN THE WORK

17. CLAIMS FOR EXTRA COST

18. DISPUTES

19. MATERIALS AND WORKMANSHIP

20. SAMPLES, CERTIFICATES AND TESTS

21. CHANGES IN EQUIPMENT AND/OR MATERIALS

22. PATENTS

23. WARRANTY OF TITLE

24. THE OWNER'S RIGHT TO DO WORK

25. THE OWNER'S RIGHT TO TERMINATE CONTRACT

26. DAMAGES

27. ENGINEER'S STATUS

28. NO ESTOPPEL OR WAIVER OF LEGAL RIGHTS

29. SAFETY AND HEALTH REGULATIONS (OSHA)

30. ARBITRATION

31. INDEMNIFICATION

32. CONTRACT SECURITY

33. CONTRACTOR'S INSURANCE

34. PROGRESS SCHEDULE

35. LOCATION OF UTILITIES

36. OBSERVATION OF WORK

37. USE OF EXPLOSIVES

38. NIGHT, WEEKEND AND HOLIDAY WORK

39. PAYMENT TO CONTRACTOR

40. CORRECTION OF WORK AFTER FINAL PAYMENT

41. GENERAL GUARANTY

42. SANITARY FACILITIES

43. WATER

44. ELECTRICITY

45. LINES, GRADES AND CONSTRUCTION SURVEYING

46. CONTRACT STANDARDS ACT

47. RATES OF WAGES

48. CONTRACT CHANGES

1. DEFINITIONS

A. Where the word CONTRACTOR is used in these Specifications it shall be understood to mean the successful bidder or bidders to whom the Work is awarded.

B. Where the word OWNER is used in these Specifications it shall be understood to mean the duly authorized representative of the Municipality (UPPER POTTSGROVE TOWNSHIP, MONTGOMERY COUNTY, Pennsylvania) in which the work is to take place.

C. Where the word ENGINEER is used in these Specifications it shall be understood to mean LTL Consultants, Ltd.

D. The CONTRACT DOCUMENTS consist of the Advertisement, Instructions to Bidders, Form of Proposal, General and Special Conditions, Construction Specifications, Form of Agreement, Form of Bond, List of Contract Drawings, Standard Details and the Plans, and all other documents as described in Section B - Instruction to Bidders. The terms "Contract" and "Contract Document" may be used interchangeably and are identical in meaning unless the clear context in which the term is used indicates differently.

E. A SUBCONTRACTOR is an individual, group, partnership, corporation or other entity having a direct contract with the Contractor to furnish a special service, labor or material towards the completion for the Contractors contract.

F. A CONSTRUCTION OBSERVER is an authorized representative of the Engineer and/or Owner assigned to observe the Work performed and the materials supplied by the Contractor as to compliance with the Contract Documents.

G. The term WORK, as used herein, includes all labor and/or materials, equipment, supplies, tools, scaffolding, transportation, superintendent and inspection and all other facilities necessary for the Contractor to complete the Contract.

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

I. The term SUBSTANTIAL COMPLETION, as 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 the Project can be used, occupied and/or operated for its intended use. In no event shall the Project be certified as substantially complete until at least ninety percent (90%) of the Work on the Project is completed.

J. NOTICE shall be deemed to have been duly served if written and delivered in person to the individual, or to a member of the entity, or to an officer of the entity for whom it is intended, or if delivered at or sent by United States registered or certified mail, return receipt requested, postage prepaid, to the last business address known to the person who gives notice.

K. PROJECT shall mean the total undertaking authorized by the Owner, of which the Work is a part.

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 the Work that shall be performed under other contracts as may be directed by the Owner. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor as scheduled.

3. SUB-CONTRACTS

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

4. MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts or neglect on the part of the Contractor, any other contractor, or any Subcontractor, shall suffer loss or damage on the Work, the Contractor shall settle with such other contractor or Subcontractor by agreement or arbitration, if such other contractor or Subcontractor will so settle.

If such other contractor or Subcontractor shall assert any claim against the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor, who shall defend at the Contractor’s own expense any suit based upon such claim and, if any judgment or claim against the Owner shall be allowed, the Contractor shall promptly 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 and material men engaged upon this Contract. The Bidder shall be prepared to guarantee to each of its Subcontractors the locations and measurements that they may require for the fitting of their Work to all surrounding Work. The Contractor must inform the Owner and the Owner's Representative one (1) week in advance of any Work to be performed.

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 the Work under this Contract until the completion thereof. The superintendent shall be constantly in touch with the 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 notices required by and comply with all applicable laws, statutes, ordinances, codes, rules, regulations, orders and decrees of all governmental bodies, agencies, bureaus and authorities having jurisdiction (“Applicable Laws”), and all construction work and/or utility installations shall comply with all Applicable Laws, including all written waivers.

Before performing any Work, the Contractor shall examine the Contract Documents, including the Drawing and Detail Specifications for compliance with Applicable Laws and shall immediately report any discrepancy to the Owner. Where the requirements of the Drawings and Detail Specifications fail to comply with such Applicable Laws, the Owner shall adjust the Contract by Change Order if deemed to be in the best interests of the Owner to do so, to conform to such Applicable Laws (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 or perform any of the Work varying with any Applicable Law, 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.

Except as otherwise provided herein, the Contractor shall at its sole cost and expense, secure and pay to the appropriate department or agency of the State or Local Government the fees and/or charges for all permits required by the local regulatory body or any of its agencies.

The Contractor shall obtain permits for the opening and/or occupation of TOWNSHIP roads. The Owner shall obtain State Highway Occupancy permits. However, all inspection fees and/or all other charges shall be borne by the Contractor, whether the same is billed directly to it or to the Owner.

Should Contractor fail to timely pay any such bill, the Owner shall be empowered to pay such bill and the cost thereof shall be deducted from any monies due or to become due to the Contractor.

Whenever the Project requires sales, consumer’s use, or other similar tax, the Contractor shall pay for the 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 they 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.

The following list of statues, which may be applicable in whole or in part, is provided for the benefit of the Contractor and is not meant to be all-inclusive. In the event other statutes are applicable, it shall be the sole responsibility and obligation of the Contractor to ascertain and comply with the statutes as set forth above.

A. Pennsylvania Statutes

i. Prevailing Wage Act - 43 Purdon Statutes, Section 165-1, et seq.

ii. Steel Products Procurement Act, 73 Purdon Statutes, Section 1881, et seq.

iii. Trade Practices Act, 71 Purdon Statutes, Section 773.101, et seq.

iv. Public Works Contractors Bond, 8 Purdon Statutes, Section 191, et seq., to the extent not repealed.

v. Pennsylvania Human Relations Act, 43 Purdon Statutes, Section 951, et seq.

vi. Environmental Impact Statement, 62 Purdon Consolidated Statutes, Section 3301, et seq.

vii. Award and Execution of Public Contracts, 62 Purdon Consolidated Statutes

viii. Reciprocal Limitations Act, 62 Purdon Consolidated Statutes, Section 107

ix. Public Contracts - Withdrawal of Bids, 73 Purdon Statutes, Section 1601-1608

x. Pennsylvania Antibid-Rigging Act, 62 Purdon Statutes, Section 4501, et seq.

xi. Pennsylvania Workmen's Compensation Act, 77 Purdon Statutes, Section 1, et seq.

xii. Pennsylvania First Class Township Code

xiii. Pennsylvania Public Works Employment Verification Act

xiv. Pennsylvania Act 287, as amended by Act 181 of 2006 (811 Call before you dig!)

B. Federal Statutes

i. Immigration Control and Reform Act (1986) - 8 U.S.C.A. Section 1324(a), et seq.

ii. Civil Rights Act of 1964 Act - 42 U.S.C.A. Section 1971, et seq.

iii. The Americans with Disabilities Act of 1990, as amended

iv. Federal Occupational Health and Safety Act of 1970 (OSHA)

v. Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973; PA

Act 235 of 1965, as amended, Universal Accessibility Act, and Americans with Disabilities Act of 1990, as amended

9. PROTECTION OF WORK AND PROPERTY

The Contractor shall provide adequate safeguard and protection against injury or loss arising in connection with this Contract for all Work and the property of the Owner. The Contractor shall be solely liable for all such damage, injury and/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. The Contractor shall adequately protect all adjacent properties as provided by law and the Specifications and Drawings. The Contractor 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, grass and other vegetation on or adjacent to the site which do not reasonably interfere with the Work, as may be determined by the Engineer, and the Contractor shall be responsible for all unauthorized cutting or damaging of trees, shrubs and other vegetation, including but not limited to damage due to operation of equipment, stockpiling of materials and/or tracking of grass areas by equipment. The Contractor shall remove only those trees, shrubs and vegetation specifically designated by the Engineer to be removed.

10. TEMPORARY PROVISION FOR PUBLIC TRAVEL

The Contractor shall perform all Work in such a manner so as to interfere as little as possible interference with the use of intersecting roads and adjoining properties. No excavation shall be left open nor other obstruction shall be 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 properties, either day or night.

11. SHOP DRAWINGS AND MATERIALS CERTIFICATION

The Contractor shall check and verify all field measurements and shall submit, with such promptness as to cause no delay in the Work or in the work of any other Contractor, six (6) copies, checked and approved, of all shop and/or setting drawings and schedules required for the Work of the various trades. The Engineer shall check and approve, 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 all corrections required by the Engineer, file with the Engineer two (2) copies and furnish such other copies as may be necessary or required. The Engineer's approval of such drawings and/or schedules shall not relieve the Contractor from responsibility for deviations from Drawings and/or Specifications, unless the Contractor has notified the Engineer in writing of such deviations at the time of submission, and secured the Engineer’s written approval, nor shall the Engineer’s approval relieve the Contractor from responsibility for errors in shop drawings or schedules.

12. TERMINATION; DELAYS; LIQUIDATED DAMAGES

If the Contractor refuses or fails to execute the Work with such diligence as will ensure its completion within the time specified in the Contract Documents, or as modified as provided in the Contract Documents, the Owner, by written notice to the Contractor, may terminate the Contractor's right to proceed with the Work. Upon such termination, the Owner may take over the Work and execute the same to completion by contract or otherwise, and the Contractor and the Contractor’s sureties shall be liable to the Owner for all additional costs incurred by the Owner and for liquidated damages for any delay in the completion of the Work, as provided below. If the Contractor's right to proceed is so terminated, the Owner may and take possession of and utilize in completing the Work any materials, tools, equipment, supplies, scaffolding and plant as may be on the site of the Work and necessary therefor. In such case, the Contractor will not be entitled to receive any further payment until the Work shall be wholly completed to the satisfaction of Owner and accepted by Owner, at which time, if the unpaid balance, if any, of the Contract Price at the time of termination exceeds the costs and expenses incurred in completing the Work, such excess shall be paid to Contractor, but if such costs and expenses exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Such costs and expenses shall include but not be limited to all costs of completing the Work to the satisfaction of the Owner, of performing and furnishing all labor, services, materials, equipment and other items required thereof, and all losses, damages, costs and expenses, whether direct or consequential, including, without limitation, legal fees and disbursements, sustained or incurred, or suffered to be sustained or incurred, by the Owner by reason of or resulting from the Contractor's refusal or failure to timely prosecute the Work.

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:

i. To any acts of any governmental agency, including any control or restriction upon, or requisitioning of materials, equipment, tools or labor by reason of, war, national defense or any other national emergency;

ii. To causes not reasonably foreseeable by the parties to the Contract at the time of the execution of the Contract and which are beyond the control of and without the fault or negligence of the Contractor, including, but not limited to, acts of God or of the public enemy, acts of another contractor in the performance of some other contract with the Owner (except to the extent Contractor has failed to coordinate the Work with the other contractor in accordance with the Contract), fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes and weather of unusual severity, such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and

iii. To any delay of any Subcontractor occasioned by any of the causes specified in Subsections A. and B. above.

Notwithstanding anything to the contrary, the Contractor shall promptly provide the Owner with written notice of the cause of the delay within ten (10) days of the commencement of any such 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 the 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 willful act or gross negligence of the Owner, or an extension of time approved by the Owner, 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 to the Contractor.

13. INCONSISTENT SPECIFICATIONS AND DRAWINGS

Any item set forth in the Detail Specifications and not shown on the Drawings, or shown on the Drawings and not set forth in the Detail Specifications, shall be of like effect as if shown on or set forth in both. In case of any difference between the Drawings and the Detail Specifications, the better quality or greater quantity of Work or materials and the more stringent requirements shall be included in the Contract, and unless otherwise ordered in writing, shall be performed or furnished.

14. USE OF PREMISES

The Contractor shall confine, and cause to be confined, all equipment, storage of materials, construction operations and other aspects of the Work to the public right-of-way, or as may be directed by the Owner, and shall not unreasonably encumber, or permit encumbrance of, the site or public rights-of-way with such materials and construction equipment. Construction easements on adjoining properties are for construction operations only. The Contractor may, at the Contractor’s sole expense and liability, enter into separate agreements with private property owners for equipment, storage of materials, construction operations and all other aspects of the Work.

Temporary Contractors’ field offices, sheds, and trailers shall be neat appearing and equipped as required for his use and maintenance of job records. Contractor shall be responsible to provide temporary power and other utilities as required and shall acquire any associated permits. All field offices shall be located in an area approved by Engineer and Owner.

The Contractor shall comply with all reasonable instructions of the Owner and all Applicable Laws regarding signs, advertising, traffic, fires, explosives, danger signals and barricades.

15. POSSESSION PRIOR TO COMPLETION

The Owner shall have the right to take possession of 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 Contract.

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, without relieving or releasing the Contractor from any of its obligations under the Contract or any guarantee given by the Contractor 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.

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 supplying additional labor, services or materials beyond that actually required for the execution of the Contract, unless the Owner approves such change and issues a written order authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract price shall be valid unless approved and issued by the Owner.

Where applicable, when unit prices are contained in the Proposal for such requested change, the Owner may order the Contractor to proceed with desired changes in the Work. The value of such changes shall 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 the desired change(s), request an itemized proposal from the Contractor covering the work involved in the change, following which the procedure shall be as follows:

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

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

Payment under COST OF WORK shall 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 as hereinafter set forth. "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 the foreman in direct charge of such labor, and insurance, taxes and other payments applicable to such labor.

2. The actual expenditure for materials actually used or incorporated in the Work.

3. A reasonable hourly, weekly or monthly rental, as applicable, as determined by the Engineer, 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, and replacements.

To the actual and necessary direct cost of the Work done under COST OF WORK as set forth above, fifteen percent (15%) may be added to the expenditure for labor as set forth in Subsection 1. above, and ten percent (10%) may be added to the expenditure for materials. No additions shall 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 and 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, the furnishing of such materials and all expenses 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 shall 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 percent (5%) of the total paid to the Subcontractor.

The Contractor shall submit daily a statement, in duplicate, of Work done on a COST OF WORK basis within twenty-four (24) hours of the time the Work is done, and representatives of the Engineer and the Contractor shall make daily comparison of the time and rates of labor, material used, etc., as provided therein. After correction, if necessary, this comparison shall be signed by both the Engineer and the Contractor and filed with the Engineer and the Contractor. The Contractor shall submit to the Engineer monthly, prior to each current estimate, four (4) 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 said statement. The Engineer shall have access to any books, vouchers, records and memoranda showing the labor employed and the materials actually used on the specific operation and the actual net cost thereof.

17. CLAIMS FOR EXTRA COST

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

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

If, on the basis of the available evidence, the Owner determines that an adjustment of the Contract Price and/or Time is justifiable, the procedure shall then be as provided herein.

18. DISPUTES

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

The Contractor shall submit in detail its claim and its proof thereof. Each decision by the governing body of the Owner shall be in writing and shall be mailed to the Contractor by United States registered or certified mail, return receipt requested, postage prepaid.

If the Contractor does not agree with any decision of the Owner, the Contractor shall in no case allow the dispute to delay the Work, but shall notify the Owner promptly that the Contractor is proceeding with the Work under protest and the Contractor may then except the matter in question from the final release, but in no event shall the Owner be bound in any manner to do anything or take any action by the Contractor's exception.

19. MATERIALS AND WORKMANSHIP

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

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

Machinery, mechanical and other equipment, materials and/or any other items installed or used without such prior written approval shall be at the risk of subsequent rejections, in which case they shall be replaced by the Contractor at its sole cost and expense.

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 set forth therein.

The Owner may require the Contractor to dismiss from the Work such employee or employees as the Owner or the Engineer may deem incompetent, 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 Engineer; 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 sole risk and expense, until the Engineer has approved the required samples or certificates in writing. Any delay in the Work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the Contract time.

Each sample submitted by the Contractor shall include a label giving the name of the Contractor, the Project, and the name of the producer. The accompanying certificate and/or 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 and other detailed information which may assist the Engineer in promptly…