3-Addendum No 1.pdf

U:\Accounts\HAVTT\HAVTT13250 - Sewer Lining Merion Golf Club\RESOURCES\DRAFT SPECS\_Addendum 1\Addendum No_1.doc

HAVTT 13250

BULLETIN ISSUING ADDENDUM NO. 1

HAVERFORD TOWNSHIP

MERION GOLF COURSE SEWER LINING

CONTRACT NO. SS-52

ISSUE DATE: OCTOBER 27, 2026

The attention of all bidders is called to the following supplemental data amending the Contract Documents of the above project. Each bidder shall consider this amendment in the preparation of their proposal and shall acknowledge same with their submission.

The following modifications to the Contract Documents are hereby made:

A. CONTRACT DOCUMENTS:

1. Section F – Special Conditions

a. Page F-3, Paragraph 3.(b) was revised to include Merion Golf Club under Owner

Protective Coverages.

b. Page F-3, Paragraph 3.(e) was revised to include the following:

“All contractors involved in the removal, handling, and or pumping of raw sewage shall take out and maintain during the life of this Contract, Pollution Liability Insurance upon all work included in Contract against pollution, explosion, soil, ground water, or surface water contamination and any other violation of the Laws of the Commonwealth. The Contractor shall further indemnify and hold harmless the Owner, Engineer, and Merion Golf Club. Contractors Pollution Liability insurance shall be at a minimum limit of $3,000,000. If coverage is provided on a claims-made basis, an Extended Reporting Period, or tail coverage, shall be provided for two (2) years following completion of the project. The policy retroactive date shall be no later than the effective date of this Agreement.”.

Enclosed is a revised Section F – Special Conditions.

2. Section J – List of Contract Information

a. Page J-1, Table of Previous Sewer Scoping Videos was revised to include the following video: Sanitary Sewer Inspection_154-3-154-2_1142026-1002_D_19466

Enclosed is a revised Section J – List of Contract Information.

END OF ADDENDUM No. 1

F. SPECIAL CONDITIONS

1. CONTRACT SECURITY

Each Contractor shall furnish a surety bond in an amount to 100 percent of the contract for faithful PERFORMANCE; a separate surety bond in an amount equal to 100 percent of the contract for the payment of LABOR and MATERIALS; and a separate MAINTENANCE bond in an amount equal to 25% of the total contract price up to $200,000; plus 10% above $200,000.

The PERFORMANCE AND LABOR AND MATERIALS bonds are to continue in effect for a period of one (1) year after final payment. The MAINTENANCE bond is to continue in effect for a period of two (2) years after the date of completion, approval, and acceptance of the entire work. Work shall not commence under this contract until each of the above bonds have been obtained.

All Bonds must be executed by a corporate surety satisfactory to the Owner, and each set of bonds executed must include a Power of Attorney and the latest statement of assets and liabilities with an authorized signature from that company. Should any surety upon such bonds become unsatisfactory to the Owner, the Contractor must promptly furnish such additional security as may be required from time to time to protect the interests of the Owner.

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.

2. CONTRACTOR'S INSURANCE

The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved.

The Contractor shall either: require each subcontractor to procure and maintain during the life of his sub-contract, insurance of the type and in the same amounts as specified; or insure the activities of his subcontractors in his own policy.

A 30 Day Notice of Cancellation must be provided to the Owner.

Five (5) original copies of all Certificates must be provided.

Umbrella Policies shall spell out the primary coverage to which the excess coverage will apply.

Only certificates of insurance from companies licensed to do business in the state where the Owner is located will be approved.

The Financial Rating of all Insurance Companies must meet the minimum A.M. Best Ratings below;

A.M. Best Rating: A- (Excellent) or Higher A.M. Best Financial Size Category: Class VII or Higher

Any contractor/supplier/sub-contractor shall procure and maintain during the life of this contract all forms of insurance, hereinafter noted, as being required.

F-1

Contract/supplier/sub-contractor must advise the Owner, immediately, of any cancellation of insurance, regardless of the circumstances of the cancellation. The contractor/supplier/sub-contractor is advised that the insurance company and/or any insurance agent and/or any insurance broker are under no duty or obligation to inform the Owner of any cancellation of insurance; thus, it is the contractor’s/supplier’s/sub-contractor’s duty to advise of any cancellation.

Failure to provide the owner with notice of cancellation will void the contract.

All contractors/suppliers are required to procure and maintain the following insurance coverages.

(a) Workers’ Compensation Insurance and Employers Liability

The contractor/supplier must maintain during the life of the contract Workers’ Compensation insurance for his employees. Coverage must be in accordance with statutory requirements, including Employers Liability at minimum limits of $500,000 Bodily Injury each employee, $500,000 Bodily Injury each accident, and $500,000 Disease each Employee.

(b) Commercial General Liability

The contractor/supplier/subcontractor must maintain during the life of this contract Commercial General Liability insurance to protect him, his subcontractors and the Owner for injury or damage caused directly or indirectly by him or his employees for the following items:

Contractor/Supplier Bodily injury ea. occurrence $1,000,000

Subcontractor's Coverage Bodily injury ea. occurrence $1,000,000 Products/Completed Operations Property damage ea.

Broad Contractual occurrence $1,000,000

Personal and Advertising Injury Each occurrence $1,000,000

General Aggregate Each occurrence $2,000,000

Underground Explosion Coverage (See Para. 3)

Such insurance shall include Independent Contractors; Explosion, Collapse, and Underground

Hazards; and Blanket Contractual Liability. The commercial general liability insurance shall include completed operation insurance. Contractor shall maintain such completed operations insurance for two (2) years after final payment and furnish Owner with evidence of continuation at final payment.

F-2

(c) Automobile Liability and Physical Damage

The contractor/supplier/subcontractor must maintain during the life of this contract Liability Insurance for all vehicles operating on Owner’s property at the following limits:

Owned, hired, and non-owned Each person $ 500,000

Each occurrence $1,000,000

Combined Single Limit, Bodily Injury and Property Damage Each occurrence $1,000,000

(d) Umbrella Liability Insurance at a minimum limit of $1,000,000 on a following form basis, excess of the General Liability, Automobile Liability and Employers Liability coverages.

3. SPECIAL COVERAGE TERMS

(a) All Contractors employing mechanical digging devices or requiring blasting must procure and maintain underground and/or blasting liability insurance for the period of time work is in progress. Limits shall be the same as required under Public Liability and Property Damage herein before specified.

(b) Owner Protective Coverages

All policies other than Workers’ Compensation shall name Owner, Engineer, Merion Golf Club and their officers, agents, and employees as additional insureds on a primary and noncontributory basis, including for completed operations. All policies shall provide a waiver of subrogation in favor of the additional insured parties.

Contractor shall provide an insurance certificate evidencing the required coverages, with copies of the Additional Insured endorsement(s), Waiver of Subrogation, and Notice of Cancellation (if applicable) endorsements attached.

(c) Fire Insurance (DELETED)

(d) Railroad Insurance (DELETED)

(d) Contractors Pollution Liability Insurance

All contractors involved in the removal, handling, and or pumping of raw sewage shall take out and maintain during the life of this Contract, Pollution Liability Insurance upon all work included in Contract against pollution, explosion, soil, ground water, or surface water contamination and any other violation of the Laws of the Commonwealth. The Contractor shall further indemnify and hold harmless the Owner, Engineer, and Merion Golf Club. Contractors

Pollution Liability insurance shall be at a minimum limit of $3,000,000. If coverage is provided on a claims-made basis, an Extended Reporting Period, or tail coverage, shall be provided for two (2) years following completion of the project. The policy retroactive date shall be no later than the effective date of this Agreement.

F-3

4. PROGRESS SCHEDULE

The Contractor shall submit for approval immediately after execution of the Agreement, a carefully prepared Progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work, the anticipated monthly payments to become due the

Contractor, and the accumulated percent of progress each month.

5. LOCATION OF UTILITIES

Since it is the desire of the Owner to disturb the area of construction only during the contract period and because all of the necessary equipment and materials are more readily available to the

Contractor during the construction, these specifications provide that all utilities be located by the

Contractor during construction.

The Contractor will be held responsible for locating, in advance of the structures to be built under this contract, all underground structures, such as water and gas mains; water and gas services; storm sewers and telephone and electric conduits, etc., which may be encountered during the constructing operation. He shall either dig test holes to determine the position of the underground structures, or he shall arrange with the Owners of such underground structures to assign a representative to make the locations. The Contractor shall pay the cost of digging test holes and likewise he shall pay the cost of the services of the representative of the Owners of such utilities for locating the said utilities; and the cost of determining the locations shall be included in the Contractor's unit or lump sum prices bid. The locations of utility service lines as shown on the plans is for the guidance of the Contractor and, since the information is as furnished by the respective utilities, the Engineer is not responsible for the accuracy of the information in this respect. The Contractor shall not be entitled to any claim for damage or extra compensation because of any delay caused by his failure to arrange for the location of utilities in advance of his work.

6. INSPECTION OF WORK

The Owner and/or Engineers may appoint such persons as they deem necessary to inspect, at any time, materials and equipment furnished and work done, under this contract. The Engineer shall be notified of the time and place of all work performed in sufficient time to allow arrangements for the assignment of inspectors. Neither the inspection or surveillance of the work, nor the presence or absence of an inspector shall relieve the Contractor of any of his obligations under the Contract or of making his work conform to the intent of the drawings and/or specifications.

F-4

The Owner's inspectors shall be authorized to inspect all work done and materials furnished.

Such inspection may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. Inspectors will be stationed on the work to report to the Engineers as to the progress of the work and the manner in which it is being performed; to report whenever it appears that the materials furnished and work performed by the Contractor fail to fulfill the requirements of the Contract, and to call to the attention of the Contractor any such failure or other default, but no inspection or any failure to inspect, at any time or place; shall relieve the Contractor from any obligation to perform all work strictly in accordance with the requirement of the Contract. In case of any dispute arising between the Contractor and any inspector as to materials furnished or the manner of performing the work, the inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided on by the Engineers. The inspectors shall not be authorized to revoke, alter, enlarge, relax or release any requirements of the Contract, nor to approve or accept any portion of work, nor to issue instructions contrary to the drawings and specifications. Inspectors shall in no case act as foreman or perform other duties for the Contractor, nor interfere with the management of the work by the latter. Any instructions which the inspectors may give the Contractor shall in no way be construed as releasing the Contractor from fulfilling the term of the Contract.

When the Contractor has fully completed all work provided for under his contract and so notified the Engineers in writing, they will make a final inspection of the completed work and if, in their judgment, the Contractor has fully completed the work and it is in accordance with all terms, provisions and stipulations of the drawings, specifications and contract, they will issue a Certificate of Completion to the Owner showing the entire amount of work performed and the compensation earned by Contractor, including any approved extra work and the compensation therefore.

7. USE OF EXPLOSIVES

(DELETED)

8. NIGHT, WEEKEND AND HOLIDAY WORK

When required by the nature of the contract and/or upon specific permission of the Engineers, the Contractor shall perform all necessary work at night and/or weekends and holidays.

F-5

9. PAYMENT TO CONTRACTOR

Partial:

The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices and lump sum prices contained in the Bid. Payment for materials delivered and stored but not yet used will be made only if specifically provided for herein under the "SPECIAL CONDITIONS". The Contractor shall prepare his requisition for partial payment as of the day of the month mutually agreed upon and submit same in quadruplicate to the Engineer for his approval.

For contracts $50,000. or less the amount due the Contractor shall be determined by the total value of work completed to date less ten percent (10%) of the total amount to be retained until final payment.

For contracts in excess of $50,000. the amount due the Contractor shall be determined by the total value of work completed to date less ten percent (10%) of the total amount to be retained until fifty percent (50%) of the work has been completed and five percent (5%) until final payment. Provided, however, that in the event a dispute arises between the Owner and any prime

Contractor, which dispute is based upon increased costs claimed by one prime Contractor occasioned by delays or other actions of another prime Contractor, additional retainage in the sum of one and one-half times the amount of any possible liability may be withheld until such time as a final resolution is agreed to by all parties directly or indirectly involved, unless the Contractor causing the additional claim furnishes a bond satisfactory to the Owner to indemnify such Owner against the claim. However, all such moneys retained by the Owner may be withheld from the Contractor until substantial completion of the contract.

Within 20 days of the receipt of a retainage payment by the Contractor, the Contractor shall pay all subcontractors with whom he has contracted their earned share of the payment the Contractor received.

Monthly or partial payment made by the Owner to the Contractor are moneys advanced for the purpose of assisting the Contractor to expedite the work of construction. All material and completed work covered by such monthly or partial payments shall remain the property of the

Contractor and he shall be responsible for the care and protection of all materials and work upon which payments have been made. Such payments shall not constitute a waiver of the right of the

Owner to require the fulfillment of all terms of the Contract and the delivery of all improvement embraced in this Contract complete and satisfactory to the Owner in all details.

F-6

PAYMENT FOR STORED MATERIALS

The following (checked) provision will apply to this job.

X No Payment will be made for stored materials.

___ Payment for materials stored.

Payment for materials stored in reasonable quantities which are delivered and accepted for incorporation in the work but are not yet so used, shall be estimated at ninety (90) percent of their cost, as determined by the ENGINEER. Such materials included in the estimate shall be and become the property of the Owner, and the CONTRACTOR shall promptly execute, acknowledge and deliver to the ENGINEER, proper bills of sale, or other instruments in writing in a form satisfactory to the ENGINEER. The

CONTRACTOR shall submit to the ENGINEER, together with such bills of sale or other instruments, receipted invoices certifying to the payment of such materials, and delivery slips certifying to the delivery of such materials to the site of the work and shall, at his own expense, act for and protect the same and procure and maintain insurance against loss of the same by fire, theft or water, payable to the OWNER and/or CONTRACTOR as their respective interests may appear.

The CONTRACTOR shall submit the above under cover of a letter certifying that the materials incorporated on the "Material Invoice Statement" have been delivered to the site of work and that payment for said materials has been made in accordance with the specifications, and that upon payment to the CONTRACTOR of the amount invoiced, all such materials shall become the property of the OWNER. The letter shall also indicate that the CONTRACTOR certifies that said material is free from liens, charges and encumbrances, and the specifications regarding the materials remain in effect.

Such documents transferring to the OWNER the absolute legal title to said property shall be delivered to the OWNER before any such partial payment for such material shall be made. The inclusion of and the partial payment for this material shall in no way relieve the CONTRACTOR of responsibility for satisfactorily furnishing and placing this material in the work in accordance with the terms of the contract. In the event that any of this material becomes lost, impaired or damaged, the aforesaid monetary value of the lost, impaired or damaged material as may have been included in any estimate, will be deducted from the next estimate, and no payment will be allowed therefor until such material meets the specifications applicable thereto and exists on the project at the time a current estimate is being prepared.

F-7

Final:

After final inspection and acceptance by the Owner of all work under the contract, the Contractor shall prepare his requisition for final payment which shall be based upon the carefully measured or computed quantity of each item of work at the applicable unit prices and lump sum prices stipulated in the Bid. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described less all previous payments. Final payment to the Contractor shall be made subject to his furnishing the Owner with the "CONTRACTOR'S

RELEASE" and "STATEMENT OF SURETY" as included herein under "SECTION H".

The Owner, before paying the final estimate, may at his option require the Contractor to furnish individual releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the project), and services to the

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

Contract. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claim or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract.

On contracts in excess of $50,000. the Contractor shall be paid in full, except as provided in paragraph 9, within 30 days following the date of substantial completion, less only 1 and 1/2 times such amount as is required to complete any then remaining, uncompleted, minor items, which amount shall be certified by the Engineer and upon receipt by the Owner of any guarantee bonds which may be required, in accordance with the contract documents, to insure proper workmanship for a designated period of time. The certificate given by the Engineer shall list in detail each and every uncompleted item and a reasonable cost of completion. Final payment of any amount so withheld for the completion of the minor items shall be paid forthwith upon completion of the items in the certificate of the Engineer.

On contracts in excess of $50,000. the final payment due the Contractor from the Owner after substantial completion of the contract shall bear interest at a rate of 6% per annum after the date that such payment shall become due and payable to the Contractor.

F-8

10. CORRECTION OF WORK AFTER FINAL PAYMENT

Neither the final estimate nor final payment nor any provisions in the Contract shall relieve the

Contractor of the responsibility for faulty materials or workmanship; and he shall remedy any defects due thereto and pay any damage resulting therefrom which shall appear within a period of two (2) years from the date for completion and acceptance by the Owner.

11. GENERAL GUARANTY

Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements embraced in this Contract by the Owner or the public shall constitute an acceptance of work not done in accordance with the Contract and relieve the Contractor or liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of two (2) years from the date for final inspection and acceptance of the work. The Owner will give notice of defective materials and work with reasonable promptness.

12. OFFICE SPACE

(DELETED)

13. SANITARY FACILITIES

The Contractor shall furnish, install, and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and local Government.

14. WATER

All water for construction purposes will be provided and paid for by the Contractor. Supply connections shall be installed by the Contractor as approved by the Engineers. Under water main extension projects only, all water for testing and flushing will be paid for by the Owner.

15. ELECTRICITY

All electricity required for construction purposes will be provided and paid for by the Contractor.

Temporary extensions shall be furnished by the Contractor as approved by the Engineers.

F-9

16. LINES, GRADES AND CONSTRUCTION SURVEYING

The Contractor shall be responsible for the stake-out for the construction of the project. The

Contractor shall provide at his expense all surveying required to layout the construction work from the horizontal and vertical reference points established by the Owner's Engineer. The

Contractor shall provide all engineering personnel, materials, equipment and labor required to stake-out the baselines and/or centerlines and all offset lines and grades. All reference points provided by the Owner's Engineer shall be carefully protected by the Contractor. The Contractor shall notify the Owner's Engineer a reasonable time in advance of the locations at which he intends to work, to allow for layout of the references required with a minimum of inconvenience to the Engineer and delay to the Contractor.

17. CONTRACT STANDARDS ACT

The following stipulations are hereby included in each contract subject to the Contract Work Hours Standards Act:

(a) Overtime Requirements

No Contractor or subcontractor contracting for any part of the contract work shall require or permit any laborer or mechanic, including watchmen and guards, to be employed on such work in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in any work week unless such laborer or mechanic receives compensation at a rate of not less than one and one half times his basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such work week, whichever is the greater number of overtime hours.

(b) Violations: Liability for Unpaid Wages: Liquidated Damages

In the event of any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor or subcontractor shall be liable to the United

States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of clause (a), in the sum of

$10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of forty hours in a work week without payment of the overtime wages required by clause (a).

F-10

(c) Withholding for Unpaid Wages and Liquidated Damages

The Local Public Agency may withhold from any monies payable on account of work performed by the Contractor or subcontractor the full amount of wages required by the contract and such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in clause (b).

(d) Insertion of Clauses in Subcontracts

The Contractor agrees to insert the foregoing clauses (a), (b), (c), and this clause (d) in all subcontracts.

18. RATES OF WAGES

When indicated herein the Contractor and any subcontractor shall fully comply with the applicable Wage Rate Decisions of the United States Department of Labor or the

Commonwealth of Pennsylvania Department of Labor and Industry, or the New Jersey

Department of Labor and Industry.

The Following (Checked) Wage Rates will apply to this Job:

U.S. DEPARTMENT OF LABOR

X PENNSYLVANIA DEPARTMENT OF LABOR

NEW JERSEY DEPARTMENT OF LABOR

NONE

F-10A

19. "STEEL PRODUCTS PROCUREMENT ACT"

If any steel products are required in the performance of this Contract or any subcontracts hereunder only steel products, as defined in the Commonwealth of Pennsylvania Act No. 1978-3 (S.B. No. 1068), shall be used or supplied.

20. ACT 287

The Contractor's attention is directed to the provisions of Act 287, as amended by Act 121, enacted by the General Assembly of the Commonwealth of Pennsylvania which specifies the Contractor's responsibilities during excavation and demolition operations in areas of underground utilities. The list of utilities to be notified is shown on the plans.

21. ACT 127

The Contractor's attention is directed to the provision of Act 127 of 2012 enacted by the General Assembly of the Commonwealth of Pennsylvania which specifies that on all Prevailing Wage contracts the Contractor and Subcontractors must submit the Public Works Employment

Verification Form to the Owner.

F-10B

J. LIST OF CONTRACT INFORMATION

The Contract Drawings include the following:

TITLE SHEET NO. DRAWING NO.

LOCATION PLAN, NOTES, AND WORK SUMMARY

DETAILS

CM0001

CM0002

Copies of previous sewer scoping can be accessed at the following link:

https://pennoni1-my.sharepoint.com/:f:/g/personal/dkane_pennoni_com/IgBNoo-d9dQfSaKtpXAJtUn4AbrAh5pDR30NBQjI7zGvAmA?e=vEsa5x

The link includes the following files:

TITLE

1. Sanitary Sewer Inspection_154-1-154-2_3172026-1105_U_27457.mp4

2. Sanitary Sewer Inspection_154-2-154-1_1142026-1043_D_39738.mp4

3. Sanitary Sewer Inspection_154-4-154-3_3172026-0924_D_9721.mp4

4. Sanitary Sewer Inspection_154-3-154-2_1142026-1002_D_19466

J-1