3-Complete Contract - Maintenance.pdf

PROJECT MANUAL

CAERNARVON TOWNSHIP

BERKS COUNTY

PENNSYLVANIA

APRIL 2026

SET NUMBER ______

PROJECT NO. 0261022

Copyright (2026) Kraft Municipal Group

2026 MAINTENANCE

PROJECTS

PROJECT MANUAL

2026 MAINTENANCE PROJECT

BERKS COUNTY

PENNSYLVANIA

APRIL 2026

PROJECT NUMBER: 0261022

For more information contact: Scott Anderson

(610) 777 – 1311 Copyright (2026) Kraft Municipal Group

BERKS COUNTY

PENNSYLVANIA

2026 MAINTENANCE PROJECT

TABLE OF CONTENTS

BIDDING REQUIREMENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS I - 1 to I - 5 BID FORM B - 1 to B - 4

BID BOND

ANTI-COLLUSION AFFIDAVIT

CONTRACT FORMS

NOTICE OF AWARD

AGREEMENT A - 1 to A - 3

PERFORMANCE BOND

PAYMENT BOND

WORKMEN'S COMPENSATION AFFIDAVIT

PUBLIC WORKS EMPLOYMENT VERIFICATION

NOTICE TO PROCEED

CONTRACT CHANGE ORDER

CERTIFICATE OF SUBSTANTIAL COMPLETION

CONTRACT CONDITIONS

GENERAL CONDITIONS 3 to 42 SUPPLEMENTARY CONDITIONS SC - 1 to SC - 5 PUBLICLY FUNDED PROJECT REGULATIONS II - 1 to II - 5 GENERAL REQUIREMENTS III - 1 to III - 6

LOCATION MAP

NOTICE TO BIDDERS

The Caernarvon Township Board of Supervisors will accept Proposals for the Caernarvon Township 2026 Maintenance Project until 10:00 am, prevailing time, April 30, 2026. Bids will be submitted, and all project information will be available at no cost via PennBid, https://pennbid.bonfirehub.com/.

The Work includes approximately 23,500 square yards of single oil and chip on Swamp Road. The Work must be completed not more than seventy-five (75) calendar days following receipt of the Notice to Proceed, which is anticipated to be June 9, 2026.

Each Proposal shall be accompanied by a Proposal Security equaling ten percent (10%) of the total amount of the Proposal. Proposals shall be effective for forty-five (45) calendar days from the date of opening. Bidders are required to be PennDOT prequalified.

Prevailing wages are not required by this contract.

The OWNER reserves the right to accept or reject any or all Proposals or portions thereof.

Certain portions of the project may be modified or eliminated as a result of budget limitations.

Heather Brendle, Township Administrator

Caernarvon Township https://pennbid.bonfirehub.com/

KRAFT ENGINEERING

STANDARD SPECIFICATION

SECTION I

INSTRUCTION TO BIDDERS

1:01 GENERAL ………..………………………………………………………………………….. I-2

1:02 INTERPRETATION OF PROJECT MANUAL ………..…………………………………. I-2

1:03 WORK …...…………………………………………………………………………………… I-2

1:04 EXAMINATION OF SITE, DRAWINGS AND SPECIFICATIONS …………………….. I-2

1:05 QUALIFICATION OF BIDDERS ……………….………………………………………….. I-3

1:06 PREPARATION OF PROPOSALS ……………………………………………………….. I-3

1:07 PROPOSAL SECURITY ……………………………………………………………………. I-4

1:08 ADDENDA ……………………………………………………………………………………. I-4

1:09 ACCEPTANCE OF PROPOSAL …………………………………………………………… I-4

1:10 FEDERAL AND STATE REQUIREMENTS ………………………………………………. I-4

1:11 NOTICE TO PROCEED …………………………………………………………………….. I-4

1:12 MISTAKES ON PROPOSAL ……………………………………………………………….. I-5

1:13 NON-COLLUSION …………………………………………………………………………… I-5

1:14 BID SUBMISSION AND OPENING ……………………………………………………….. I-5

1:15 WORKMAN’S COMPENSATION …………………………………………………………. I-5

1:16 STEEL PRODUCTS PROCUREMENT …………………………………………………… I-5

I - 1

I-2

SECTION I

INSTRUCTION TO BIDDERS

1:01 GENERAL

The Instructions To Bidders set forth in this Section are of a general nature and in some cases include multiple instructions. Specific and single instructions, where applicable, may be designated in the Notice To Bidders, the General Requirements and/or other portions of these Specifications. The Notice To Bidders is hereby made a part of these Specifications.

This Project Manual is issued to prospective Bidders for the sole purpose of obtaining Bids for the Work described herein. Until issued as part of a completed Agreement, OWNER/ENGINEER issue these documents for bidding purposes only. This Project Manual is not intended for any other use.

1:02 INTERPRETATION OF PROJECT

MANUAL

The Proposal shall be in accordance with all requirements set forth in the Project Manual. If any Bidder is in doubt as to the true meaning of any part of the Project Manual, a written request for an interpretation thereof may be submitted via the “Ask A Question” feature in PennBid.

The Bidder submitting the request shall be responsible for its prompt and actual delivery.

Any interpretation of such documents will be made only by Addendum duly issued. A copy of such Addendum will be posted on PennBid, and notifications will be sent to Bidders who have registered with and downloaded documents from PennBid. Neither the OWNER nor ENGINEER will be responsible for any interpretation or explanation made by anyone except the OWNER/ENGINEER.

1:03 WORK

The Work to be performed is described in detail in the Project Manual. It is intended that the CONTRACTOR shall furnish all labor, supervision, tools, supplies, scaffolding, erection equipment, temporary buildings, transportation, services and materials required to complete the Work, unless otherwise specified. It is further intended that the CONTRACTOR furnish a properly functional project.

1:04 EXAMINATIONOF SITE

DRAWINGS AND

SPECIFICATIONS

The Bidder is responsible to examine the site to determine the nature and location of the Work, the geological and physical conditions, and the availability of utilities for construction.

The OWNER/ENGINEER may have a representative at the site to confer with the Bidder(s) as announced.

Bidder shall carefully examine the Drawings, Specifications, and all other documents and data pertaining to the Work and become familiar therewith. The CONTRACTOR shall not at any time after the acceptance of the Proposal make any claims whatsoever alleging insufficient data or incorrectly assumed conditions, or make any claim alleging misunderstanding with regard to the nature, conditions, or character of the Work. The CONTRACTOR shall assume all risks resulting from any changes in site conditions during the progress of the Work, except those changes caused by acts of the OWNER/ENGINEER.

The information regarding site conditions contained in the Drawings and Specifications, including but not limited to subsurface conditions, utility locations and topographic conditions, is that which is available to the OWNER/ENGINEER at the time of preparation of the Project Manual, and the OWNER/ENGINEER makes no warranty as to the accuracy or completeness of such information.

I-3

1:05 QUALIFICATIONS OF BIDDERS

In determining the successful Bidder, the following conditions, among others, will be considered. Whether the Bidder:

a. maintains a permanent place of business,

b. has adequate equipment to do the Work properly and expeditiously,

c. has suitable financial status to meet obligations incident to the Work,

d. has met all prequalification requirements, if any, and

e. has had experience on projects of similar character and magnitude.

OWNER/ENGINEER may require Bidder to furnish proof of the foregoing.

No Proposal will be accepted from anyone who is in arrears to the OWNER by debt or contract, or who is a defaulter on surety or otherwise upon any obligations, or whose prior work has been unsatisfactory or dilatory.

1:06 PREPARATION OF PROPOSALS

Bidders shall submit Proposals electronically via PennBid (https://pennbid.bonfirehub.com ) on the forms provided with the Project Manual.

The Proposals shall be complete, and in accordance with all specific instructions set forth in the Notice To Bidders.

The Bidder shall agree in the Proposal that the progress of the Work shall be such that the Bidder will comply with the scheduled start and completion dates for construction set forth therein, and that failure to comply will be dealt with as stated in Paragraph 15.02 of the General Conditions. Liquidated damages for failure to complete the Work according to the specified schedule are, if applicable, defined in the Agreement.

If the Bid Form is included with the Bidding Documents, it is for Reference only. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

The Proposal may require lump sum amounts and Unit Prices or some combination to arrive at the total amount of the Proposal. When the extension of Unit Prices is used, it is expressly understood that the quantities used are approximate and the number of units actually performed will be the basis of payment. The Unit Price quantities shown on the Proposal may only be adjusted in accordance with PennDOT Publication 408, Section 100.

The Proposal may also provide for the naming of specific Subcontractors and material and equipment suppliers; but acceptance of a Proposal shall not constitute approval of the material or equipment suppliers who are named if those suppliers are not listed or shown on the Drawings or in the Specifications. If CONTRACTOR names more than one (1) supplier of material or equipment, the OWNER shall have the option of which supplier shall be selected. If a Proposal is accepted, no change in Subcontractors or suppliers will be allowed except as provided in Paragraphs 6.05 and

6.06 of the General Conditions. The Proposal may require unit charges for various items of the Work. All of these items may be used in evaluating the Proposals. To be considered responsive, the Bidder must complete all items of the Proposal.

Any Bidder who wishes to determine, prior to submitting a Proposal, whether a particular item of material or equipment will be accepted as an equal to an item specified in this Project Manual shall request such a decision. Any such requests must be submitted, in writing, via the “Ask A Question” feature in PennBid no later than the date and time specified in PennBid.

If the material or equipment is considered an https://pennbid.bonfirehub.com/

I-4 equal to an item specified, all prospective bidders will be advised by Addendum which will be issued no later than five (5) days prior to the opening of the Proposals. Any equipment or material which has not been so accepted will not be used except as provided in Paragraph 6.05 of the General Conditions.

1:07 PROPOSAL SECURITY

Each Proposal shall be accompanied by a security in the form of a Bid Bond, Certified Check, Bank Treasurer's Check, or Cashier's Check, as designated in the Notice To Bidders, in the amount of ten percent (10%) of the total amount of the Proposal, unless stated otherwise in the Notice To Bidders.

The Bid Bond shall be furnished with a Surety that is licensed to transact such business in the state in which the Work is to be performed and is acceptable to the OWNER. If Federal Agencies are participating in the Project, the Surety shall be named on the current list of "Surety Companies Acceptable on Federal Bond" as published by the Treasury Department.

The Proposal Security shall guarantee that the successful Bidder will, within fifteen (15) days after receipt of the Notice Of Award, furnish to the OWNER a Performance Bond, Payment Bond, Certificate of Insurance, and Agreements executed by the CONTRACTOR.

Should the successful Bidder fail to deliver the Bonds, Certificate of Insurance or executed Agreement within the time limits specified above, the Proposal Security shall be forfeited to the OWNER.

Forms for the Bid, Performance, and Payment Bonds and the Agreement are included herewith. The standard Accord Form shall be used to provide evidence of proper insurance coverage. All of these documents shall become a part of the Project Manual.

OWNER will, within fifteen (15) days after opening Proposals, return the Proposal

Security of all Bidders except for the three (3) lowest qualified responsible Bidders; and upon final award and execution of the Agreement, the Proposal Security will be promptly returned to the remaining Bidders.

Proposals shall be effective after opening for the number of days as stated in the Notice To Bidders, and the OWNER will either award the Contract within this time or reject all Proposals, returning the Proposal Security to the Bidders.

1:08 ADDENDA

Addenda may be issued prior to receipt of Proposals for revisions in Drawings and Specifications, and/or clarification and interpretation of the items contained in the Project Manual. Receipt of the Addenda shall be acknowledged in the Proposal.

1:09 ACCEPTANCE OF PROPOSAL

OWNER expressly reserves the right to reject any or all Proposals, to waive any informalities or irregularities in the Proposals received, to reject unbalanced Proposals, and to accept that Proposal which is in the best interest of the OWNER. Proposals which are not accompanied by the required Proposal Security, or which contain omissions, erasures, alternates, additions or conditions not requested may be rejected.

1:10 FEDERAL AND STATE GRANT

REQUIREMENTS

In the event that any funds to finance this Project are from the Federal Government or State Agencies in the form of grants or loans, the CONTRACTOR shall comply with all requirements, which the applicable Agency sets forth as a conditions for the funding.

1:11 NOTICE TO PROCEED

As soon as practicable, after the satisfactory execution of the Agreement by both parties, written Notice To Proceed with the Work will

I-5 be given to the CONTRACTOR. In the event the Notice To Proceed cannot be issued within thirty (30) days after the execution of the Agreement, due to any cause beyond the control of OWNER or CONTRACTOR, either party may declare the contractual relationship of the parties terminated without further liability or obligation of either party.

In the event CONTRACTOR performs any part of the Contract prior to receiving Notice To Proceed, CONTRACTOR shall be solely responsible for any liability or expense which may be incurred.

1:12 MISTAKES ON PROPOSALS

OWNER will not consider, for any reason, any claim by Bidder of any mistake or omission in the Proposal. Negligence of the Bidder in preparing the Proposal shall not confer, or be deemed to confer, any right of the Bidder to withdraw such Proposal after the time has passed, as fixed in the Notice To Bidders, for receiving Proposals, except as permitted by law.

1:13 NON-COLLUSION

1:15 WORKMAN'S COMPENSATION

CONTRACTOR, as part of the required submittals in conjunction with the Notice of Award is required to submit a completed Workman's Compensation Affidavit.

1:16 STEEL PRODUCTS

PROCUREMENT

CONTRACTOR shall comply with Act No. 3 of 1978, known as the "Steel Products Procurement Act". Except as provided in this Act, the CONTRACTOR shall only supply steel products to be used in the performance of the Contract, or any subcontract thereunder, which are produced in the United States. Certificates of compliance with regard to this Act shall be supplied by CONTRACTOR to ENGINEER.

All Bidders are required to submit a Bid which has been prepared independently and without collusion. Bidders on Projects which are completely or in part funded publicly, may be required to complete a Non-Collusion Affidavit in accordance with the Pennsylvania Anti-Bid- Rigging Act. If required, the Affidavit must be submitted with the Bid.

1:14 BID SUBMISSION AND OPENING

Bids shall be submitted electronically via the PennBid Program, and shall include all required supporting documents including, but not limited to, Non-collusion Affidavit, Bid Bond, Bid Bond Power of Attorney, Bid Form, and/or other documents as specified herein. Bids submitted by any other means will not be accepted.

Bids will be opened at the date and time as noted in the Notice To Bidders.

B - 1

BID FORM

2026 MAINTENANCE PROJECT

Project Number: 0261022 April 2026

THIS FORM IS PROVIDED FOR CONVENIANCE ONLY. ALL BIDS SHALL BE SUBMITTED

ONLINE VIA PENNBIDS “PREPARE YOUR SUBMISSIONS” TAB. CONDITIONS 1-9 AND 11-14

OF THIS FORM ARE STILL REQUIRED OF THE CONTRACTOR.

Bid submitted to: Caernarvon Township 3307 Main Street Morgantown, PA 19543

Bid submitted by: _____________________________________________

In presenting this Bid, the undersigned Bidder hereby states, and/or affirms that:

1. Bidder proposes and agrees, upon acceptance of this Bid, to enter into an agreement with OWNER in the form included in the Project Manual, to execute, perform or furnish all Work as specified in the Project Manual for the unit price and/or lump sum contract price as indicated herein and complete the Work within the contract time as indicated in the Notice to Bidders and in accordance with the provisions of the Project Manual.

2. Bidder hereby accepts all of the terms and conditions included in the Notice to Bidders and

Instructions to Bidders including the provisions of Section 1:07 dealing with Proposal Security. This Bid will remain effective and subject to acceptance by OWNER for forty-five (45) calendar days following the Bid opening.

3. Upon acceptance of this Bid, Bidder agrees to provide the required number of copies of the Bonds, Insurance Certificates and signed Agreements within fifteen (15) days after receipt of the Notice of Award. The required number of copies will be as specified in the Notice of Award.

4. Bidder has examined and is fully familiar with the Bidding Documents and acknowledges receipt of the following Addenda which are acknowledged to be included in the preparation of this Bid:

Date Number

5. Bidder has visited the site of the project and has become familiar the general, local and site conditions that may impact the cost, progress, completion and/or performance of the Work in accordance with the provisions of the Project Manual to Bidder's satisfaction.

6. Bidder is familiar with and has satisfied itself regarding all federal, state, and local Laws and

Regulations that may impact the cost, progress, performance or furnishing of the Work.

7. Bidder is aware of the nature of any Work to be performed by OWNER and others on the site as generally described in the Project Manual which relates to the Work for which this Bid is submitted.

B - 2

8. Bidder has studied all reports relating to tests and explorations of the site which have been provided and/or identified in the Project Manual relating to existing surface or subsurface structures or conditions at or near the site except underground facilities.

Bidder acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Project Manual relative to underground facilities at or near to the site. Also, Bidder acknowledges that the reports and reference drawings are not Contract Documents and may not be complete for Bidder's purposes.

To the extent Bidder feels necessary, Bidder has obtained and carefully studied all additional data, tests and/or information for its own use such that Bidder does not feel that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid or for performance and furnishing this Work in accordance with the terms and conditions as defined in the Project Manual.

9. Bidder has correlated all information known to Bidder through site visits, reports, drawings, specifications, and the Project Manual plus any additional site data included with the Project Manual.

Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has identified in the Project Manual during the process of preparing this Bid and is satisfied with the written resolution of same by ENGINEER. Bidder acknowledges that information included in the Project Manual is generally sufficient to indicate and convey the terms, conditions, and expectations for Work for which this Bid is submitted.

10. Bidder will complete the Work for the following price(s):

Item Number Description Units

Quantity

Unit Price Extended price

A. Swamp Road (T-303): Township Line to Township Line

1. Single Oil & Chip SY 23,500

Subtotal of Item A.

TOTAL AMOUNT OF BID (ITEM A.)

TOTAL AMOUNT OF BID (Item A)

(Total Price in Words)

Note that quantities are not guaranteed. Final payment will be based on actual quantities. The Alternate items are not guaranteed and depend on budget limitations.

11. Bidder agrees that the Work will be Substantially Complete within seventy-five (75) calendar days after the date when the time of the Contract commences as provided in Paragraph 2.3 of the General Conditions, and will be completed and ready for final payment within seventy-five(75) calendar days after the date when the time of the Contract commences.

Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work in the time specified.

B - 3

12. The following documents which are a condition of this Bid are hereby made a part thereof are attached:

a. Bid Security in the form of _____________________________________.

b. Non-Collusion Affidavit.

13. All communications relative to this Bid shall be addressed to the address shown on page 1 of this Bid form or to the address indicated below:

Phone _______________________________

Fax # ________________________________ e-Mail ________________________________

14. The terms used in this Bid which are defined in the General Conditions for the Construction Contract

Section of the Project Manual have the same meaning assigned to them in the General Conditions.

SUBMITTED ON _________________________________________ , 20_____.

If Bidder is:

An Individual

By _________________________________________________________________ (Seal)

(Individual's Name) doing business as ________________________________________________ at (Business Address) ________________________________________________

A Partnership

By _________________________________________________________________ (Seal)

(Firm Name)

General Partner: ________________________________________________

A Corporation

By _________________________________________________________________ (Seal)

(Corporation Name)

Name of Incorporation: ________________________________________________

Authorized Signature: ________________________________________________

Title: ________________________________________________

B - 4

Attest: ________________________________________________ (Secretary)

NOTICE OF AWARD

To: Date: _________________________

(Contractor)

Re: Caernarvon Township

2026 Maintenance Project KMG File – 0261022 (Address)

Gentlemen:

CAERNARVON TOWSHIP, hereinafter referred to as the OWNER, and represented by the undersigned, has considered the Bid submitted by you on , and it appears that you are the successful Bidder for the above Work. The OWNER intends to award this Contract to you for the contract amount of dollars ($ ) upon receipt of the Bonds, Workmen’s Compensation Affidavit and Insurance documentation required by the Contract Documents.

You are required by the Instructions to Bidders and the General Conditions to furnish the required Performance and Payment Bonds, Certificate of Insurance, Workmen’s Compensation Affidavit, Public Works Employment Verification, and executed copies of the Agreement with the OWNER. Four (4) copies of the Bond forms and the Agreement are attached for your use. Three (3) executed copies of each document along with three (3) copies of your ACORD Insurance form documenting insurance coverage (meeting the minimum limits listed in Article 5 of the General Conditions and the Supplementary Conditions in the Project Manual) are to be returned to the undersigned within fifteen (15) days after receipt of this Notice of Award by you.

If you fail to furnish the documents listed above within the fifteen (15) day period after receipt of this Notice, OWNER will be entitled to consider all your rights arising out of the acceptance of your Bid by OWNER abandoned, including forfeiture of Proposal Security, and to award the Work covered by the Bid to another, or to re-advertise the Work or otherwise dispose thereof as OWNER may determine.

An extra copy of this Notice of Award is also included. Please return an accepted copy of this Notice along with the other required documents to the undersigned.

ACCEPTANCE OF NOTICE

Receipt of this NOTICE OF AWARD is hereby acknowledged this _______ day of _____________, 20___

By: ________________________________ For: CAERNARVON TOWNSHIP

Title: ________________________________ By: ______________________________

Firm: ________________________________ KRAFT MUNICIPAL GROUP

A - 1

AGREEMENT

This Agreement is dated as of the day of in the year 20 by and between

CAERNARVON TOWNSHIP (hereinafter called OWNER) and (hereinafter called

CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1. WORK

CONTRACTOR agrees to complete all Work as specified or indicated in the Project Manual. This Work is generally described as the 2026 Maintenance Project.

2. ENGINEER

The Project has been designed by KRAFT MUNICIPAL GROUP who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Project Manual in connection with completion of the Work in accordance with the provisions described in the Project Manual.

3. CONTRACT TIME

After the Contract Time commences as provided in Paragraph 2.03 of the General Conditions, the Work shall be substantially complete within forty-five (45) calendar days. The Work shall be complete and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within seventy-five (75) days from when the Contract Time commences.

4. LIQUIDATED DAMAGES

OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified above plus any duly executed time extensions in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or Arbitration proceeding, the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay CONTRACTOR shall pay OWNER eight hundred and eighty-five ($885.00) for each calendar day that expires after the time specified for substantial completion. It is agreed that these liquidated damages are for delays in the timely completion of the Work and are not to be used as a penalty.

Following substantial completion of the Work, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the specified Contract Time including any properly executed extensions granted by OWNER, CONTRACTOR shall pay OWNER eight hundred and eighty-five ($885.00) for each calendar day that expires after the specified time for the Work to be complete and ready for final payment.

5. CONTRACT PRICE

OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Project Manual and CONTRACTOR'S Bid. Based on the estimated quantities, the Contract Price is computed to be . It is recognized that the actual price to be paid for the Work will be based on the actual constructed quantities determined in accordance with the Project Manual and at the effective Unit Prices.

A - 2

6. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions.

Applications for Payment are to be submitted to ENGINEER on or before the 1st day of each month for consideration by OWNER at its regularly scheduled meeting. Applications for Payment submitted after the specified date will be considered at the subsequent meeting.

Upon receipt, ENGINEER will process each Application for Payment in accordance with the General Conditions and make a recommendation to OWNER. OWNER will make progress payments on the Contract Price based on CONTRACTOR'S Application for Payment, ENGINEER'S recommendation and the retainage percentages listed below.

6.1 Less than 50% complete: Prior to the completion of 50% of the Work, OWNER may retain ten percent (10%) of the amount of the progress payments due to CONTRACTOR.

6.2 Between 50% complete and Substantial Completion: OWNER may retain ten percent (10%) of the amount of the progress payments due to CONTRACTOR up to Substantial Completion. CONTRACTOR may, at such time as the Work is more than fifty percent (50%) complete, make written application for a reduction in the retainage to 5% of the amount of the progress payments due to CONTRACTOR. At that time, provided that CONTRACTOR is making satisfactory progress on the Work and there is no specific cause for greater withholding, OWNER shall return the appropriate amount of retainage. After fifty percent (50%) of the Work is complete and following an accepted application for reduction of the retainage, OWNER may retain five percent (5%) of the remaining progress payments.

6.3 After Substantial Completion: Upon Substantial Completion, payment will be made in an amount sufficient to increase total payments to CONTRACTOR to one hundred percent (100%) of the Contract Price less one and one-half (1-1/2) times the amount required to complete any uncompleted items as defined by ENGINEER.

Upon completion and acceptance of the Work in accordance with Article 14 of the General Conditions, OWNER shall pay CONTRACTOR the remainder of the Contract Price as recommended by ENGINEER.

7. CONTRACTOR'S REPRESENTATIONS

CONTRACTOR, by execution of this Agreement, hereby reaffirms the representations made by CONTRACTOR as Bidder in Items 4 through 9 of the Bid Form as a part of the Bid submitted by CONTRACTOR on . CONTRACTOR reaffirms that all representations made by CONTRACTOR as Bidder are now binding upon CONTRACTOR.

8. CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work include the following:

8.1 This Agreement

8.2 Exhibits to this Agreement, if any.

8.3 Performance Bond, Payment Bond, and Certificate(s) of Insurance

8.4 Notice of Award

8.5 General Conditions of the Construction Contract and modifications thereto in the Supplementary Conditions

A - 3

8.6 Specifications including Section III, General Requirements, and all technical specifications included in the Project Manual in whole or incorporated by reference

8.7 Drawings listed in Section III, Scope of Work, or included in the Project Manual

8.8 CONTRACTOR'S Bid incorporating all Addenda thereto

8.9 Documentation, if any, submitted by CONTRACTOR prior to execution of this Agreement

8.10 Any documents which may be issued after the effective date of this Agreement amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions.

There are no other Contract Documents other than those listed above in Item 8 except as amended, modified, or supplemented as provided in the General Conditions.

9. MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions have the same meanings indicated in the General Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate, and one counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This Agreement is effective on the date shown on the first page of this Agreement.

OWNER: CAERNARVON TOWNSHIP

BY: __________________________

(Corporate Seal)

ATTEST: __________________________

CONTRACTOR:

BY: __________________________

(Corporate Seal)

ATTEST: __________________________

NOTICE TO PROCEED

TO: DATE:

RE:

KMG FILE:

Gentlemen:

, hereinafter referred to as OWNER, and represented by the undersigned, received the executed Agreement, Performance Bond, Payment Bond, Certificate(s) of Insurance, and other required documentation, and have found them to be in order. A copy of the Agreement, which was executed by OWNER, is enclosed for your information and files. You are hereby notified to proceed with the Work on . The Contract Documents described in Article 3 of the Agreement require therefore that the Work be substantially completed on or before, and that the Work be completed and ready for final payment on or before

Please execute and return two copies of this Notice to Proceed to the attention of the undersigned.

ACCEPTANCE OF NOTICE

Receipt of this Notice to Proceed is hereby acknowledged this day of .

BY: FOR:

TITLE: BY:

KRAFT MUNICIPAL GROUP, INC. FOR:

6525 Shillington Plaza

Shillington, PA 19607

CONTRACT CHANGE ORDER

CHANGE ORDER NO.: DATE:

OWNER: KMG FILE:

PROJECT:

CONTRACTOR/:

ADDRESS

You are hereby requested to make the following changes in the Work for the Project:

Item No.

Description of Changes Decrease in Contract Price

Increase in Contract Price

TOTALS

CHANGE IN CONTRACT PRICE

(Table continued if necessary):

Item No. Description of Changes

Decrease in Contract Price

Increase in Contract Price

TOTALS

CHANGE IN CONTRACT PRICE

Reason for Change Order:

As a result of this Change Order, the Contract Price and Contract Time are adjusted as follows:

Previous Contract Price $

Change Order adjustment to Contract Price $

Resulting Contract Price $

Previous Contract Time Calendar Days

Change Order adjustment to Contract Time Calendar Days

Resulting Contract Time Calendar Days

OWNER NAME:

SIGNATURE:

DATE:

ENGINEER: KRAFT MUNICIPAL GROUP, INC.

SIGNATURE:

DATE:

CONTRACTOR:

SIGNATURE:

DATE:

CERTIFICATE OF SUBSTANTIAL COMPLETION

PROJECT:

CONTRACTOR:

OWNER:

KRAFT MUNICIPAL GROUP hereby represents that the Work performed under this Contract has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and the Project is Substantially Complete as defined in Paragraph 14.04 of the General Conditions.

The date of Substantial Completion is: .

Attached to this Certificate is a tentative list of items which need to be completed or corrected. The list may not be complete and failure to list any item on it does not relieve CONTRACTOR of the responsibility to complete all Work in accordance with the Contract Documents. These items are to be completed within 15 calendar days of receipt of this Certificate of Substantial Completion.

The date of Substantial Completion is the date upon which all guarantees and warranties begin except as affected by the items listed in the attachment.

This Certificate does not constitute an acceptance of the Work not in accordance with the Contract Documents, nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.

Executed by ENGINEER on , 20 .

KRAFT MUNICIPAL GROUP .

By .

Accepted by CONTRACTOR on , 20 .

(CONTRACTOR)

Accepted by OWNER on , 20 .

(OWNER)

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KRAFT MUNICIPAL GROUP

STANDARD SPECIFICATIONS

SECTION SC

SUPPLEMENTARY CONDITIONS

SC - 1.01 DEFINED TERMS .......................................................................................... SC - 2

SC - 2.02 COPIES OF DOCUMENTS ........................................................................... SC - 2

SC - 2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED ........ SC - 2

SC - 2.06 PRECONSTRUCTION CONFERENCE ........................................................ SC - 2

SC - 4.02 SUBSURFACE AND PHYSICAL CONDITIONS ........................................... SC - 2

SC - 4.04 UNDERGROUND FACILITIES ...................................................................... SC - 2

SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE ................................................... SC - 3

SC - 5.06 PROPERTY INSURANCE ............................................................................. SC - 4

SC - 5.09.A. ACCEPTANCE OF BONDS AND INSURANCE: OPTION TO REPLACE .... SC - 4

SC - 6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS: .......... SC - 4

SC - 6.08 PERMITS ....................................................................................................... SC - 5

SC - 6.09 LAWS AND REGULATIONS ......................................................................... SC - 5

SC - 6.14 SITE REPRESENTATIVE .............................................................................. SC - 5

SC - 7.02 COORDINATION ........................................................................................... SC - 5

SC - 11.03 UNIT PRICE WORK ...................................................................................... SC - 5

SC - 14.02.A APPLICATION FOR PAYMENT .................................................................... SC - 5

SC - 14.02.C. PAYMENT BECOMES DUE .......................................................................... SC - 5

SC - 14.07 FINAL PAYMENT........................................................................................... SC - 5

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SECTION SC

SUPPLEMENTARY CONDITIONS

These SUPPLEMENTARY CONDITIONS represent modifications to the Standard General Conditions of the Maintenance Contract (General Conditions) prepared by the Engineers Joint Contract Documents Committee preceding this section in this Project Manual. The Supplementary Conditions modify the General Conditions by either amending or supplementing the provisions noted below. All provisions not modified in this section remain in full force and effect.

SC - 1.01 DEFINED TERMS

The terms used in these Supplementary Conditions which are defined in the General Conditions have the same meaning assigned to them in the General Conditions.

The following shall be added to the list of definitions:

Project Manual - The document prepared for the Project including the Bidding documents, Contract Documents, drawings, technical specifications, standard forms and certain reference materials.

SC - 2.02 COPIES OF DOCUMENTS

OWNER will furnish CONTRACTOR with up to three (3) copies of Contract Documents.

SC - 2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED

Delete the last sentence of the paragraph.

SC - 2.06 PRECONSTRUCTION CONFERENCE

The first sentence of Paragraph 2.06 is modified by adding the following at the beginning:

Unless otherwise specified in the General Requirements...

SC - 4.02 SUBSURFACE AND PHYSICAL CONDITIONS

There were no additional reports of explorations, tests of subsurface conditions, or drawings of physical conditions relating to surface or subsurface structures except for underground utilities which were used in the preparation of these documents.

SC - 4.04 UNDERGROUND FACILITIES

Attention is called to the fact that CONTRACTOR is responsible for compliance with all provisions of the Pennsylvania Underground Utilities Act as amended.

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SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE

CONTRACTOR shall maintain insurance, as more fully outlined in Paragraph 5.04 of the General Conditions, of not less than the limits and of the coverage types listed below or greater if required by applicable Laws and Regulations:

a) Workman's Compensation per Paragraphs 5.04.A.1. and 5.04.A.2. as follows:

1. State Statutory

2. Applicable Federal Statutory

3. Employer's Liability $100,000/$500,000/$100,000

b) Contractor's Liability Insurance per Paragraphs 5.04.A.3. through

5.04.A.5. including completed operations and product liability as follows:

1. General Aggregate $2,000,000 (Except Products - Completed Operations)

2. Products - Completed Operations Aggregate $1,000,000

3. Personal and Advertising Injury $1,000,000

(Per Person / Organization)

4. Each Occurrence $1,000,000 (Bodily Injury and Property Damage)

5. Property Damage liability insurance including $1,000,000

Explosion, Collapse and Underground coverages where applicable

6. Excess Liability

General Aggregate $2,000,000 Each Occurrence $2,000,000

c) Automobile Liability per Paragraph 5.04.A.6. including Owner, Hired and

Non-Owned vehicles as follows:

1. Combined single limit $1,000,000

d) CONTRACTOR shall provide Excess Umbrella Liability coverage as follows:

1. Each Occurrence $5,000,000

2. Annual Aggregate $5,000,000

e) Additionally, Contractor's Liability Insurance policy shall name OWNER and ENGINEER plus any of ENGINEER'S subconsultants as additional insured parties.

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The Contractual Liability coverage required by Paragraph 5.04.B.4. shall include a Contractual Endorsement providing coverage of not less than the following:

a) General Aggregate $1,000,000

b) Each Occurrence $500,000

SC - 5.06 PROPERTY INSURANCE

Paragraphs 5.06.A. through 5.06.C. and 5.06.E. are deleted in their entirety.

Further, all subsequent references to these Paragraphs and/or the coverages described therein are also deleted but only to the extent that the reference applies to this coverage. All other portions of Paragraphs including references to these Paragraphs remain in full force and effect unless otherwise modified.

CONTRACTOR may, at its own discretion, purchase any Property Insurance as it deems necessary.

SC - 5.09.A. ACCEPTANCE OF BONDS AND INSURANCE: OPTION TO REPLACE

Delete and insert the following three Paragraphs:

If OWNER has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by CONTRACTOR in accordance with the Contract Documents, OWNER shall notify CONTRACTOR in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. CONTRACTOR shall provide such additional information in respect of insurance provided as OWNER may reasonably request.

ENGINEER shall have no responsibilities regarding the reviewing, advising, requiring or obtaining of any form of insurance.

All insurance which CONTRACTOR is required to purchase in conformance with these Contract Documents shall be placed with insurance companies carrying a rating of A- or better from A.M.Best and Company Insurance Rating Service.

SC - 6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS:

As part of the Bid presented for this Project, CONTRACTOR shall submit a complete list of all Subcontractors, Suppliers and Others involved with the Work.

SC - 6.08 PERMITS

OWNER will obtain all permits for this Project.

SC - 6.09 LAWS AND REGULATIONS

Public funds will be used in the payment of this Agreement. CONTRACTOR is

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therefore required to comply with all applicable Laws and Regulations of the funding sources. Some of these are included in Section II, Publicly Funded Project Requirements, included as a part of these Contract Documents.

SC - 6.14 SITE REPRESENTATIVE

The "qualified and experienced safety representative" at the site who is designated by CONTRACTOR as having responsibility for Site Safety shall have adequate training and experience in all pertinent aspects of construction site safety and all applicable OSHA safety regulations.

SC - 7.02 COORDINATION

CONTRACTOR shall be solely responsible for the coordination of all necessary utility adjustments on the site, related to this Work, and shall schedule its Work accordingly.

SC - 11.03 UNIT PRICE WORK

As used in Paragraph 11.03.C.3., "materially and significantly" shall include a 25% or greater variation in the quantity of a particular item which, as originally estimated, comprises more than 25% of the total project without some corresponding adjustment in another Work item.

SC - 14.02.A. APPLICATIONS FOR PAYMENT

Delete the first sentence of Paragraph 14.02.A.1., and replace it with the following:

On or before the monthly date listed in Item 6, Payment Procedures, of the Agreement, CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents.

SC - 14.02.C. PAYMENT BECOMES DUE

Add the following to the end of the last sentence in paragraph 14.02.C.

...except that payment will not be considered due until the next regularly scheduled public meeting if OWNER is a municipal corporation.

SC - 14.07 FINAL PAYMENT

Delete paragraphs 14.07.A.2. and 14.07.A.3. in their entirety

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STANDARD SPECIFICATIONS

SECTION II

PUBLICLY FUNDED PROJECT REGULATIONS

2:01 GENERAL ...................................................................................................................... II - 2

2:02 NONDISCRIMINATION ................................................................................................. II - 2

2:03 PENALTIES FOR FAILURE TO COMPLY .................................................................... II - 3

2:04 APPEAL ......................................................................................................................... II - 4

2:05 PAYMENT OF EMPLOYEES ........................................................................................ II - 4

2:06 CONTRACTOR RESPONSIBILITY PROVISIONS ....................................................... II - 4

2:07 AMERICANS WITH DISABILITIES ACT ....................................................................... II - 5

2:08 ADDITIONAL PENNSYLVANIA WAGE ACT REQUIREMENTS .................................. II - 5

2:09 PUBLIC WORK EMPLOYMENT VERIFICATION ACT ................................................. II - 6

ATTACHMENTS:

None

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SECTION II

PUBLICLY FUNDED PROJECT REGULATIONS

2:01 GENERAL

The CONTRACTOR shall conform to the provisions of Act No. 222 (October 27, 1955) as amended and supplemented, known as the "Pennsylvania Human Relations Act," an in accordance with the provisions of the Regulations of the Pennsylvania Human Relations Commission, as adopted March 8, 1974, 4 Pa. B. 409, amended March 7, 1975, 5 Pa. B. 434, 16 Pa. Code Chapter 49.

2:02 NONDISCRIMINATION

During the term of this Contract, the CONTRACTOR shall agree to the following provisions:

a. CONTRACTOR shall not discriminate against any employee, applicant for employment, independent contractor or any other person because of race, color, religious creed, ancestry, national origin, age or sex.

CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that all employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age or sex. Such affirmative action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training.

CONTRACTOR shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice setting forth the provisions of this nondiscrimination clause.

b. CONTRACTOR shall in advertisements or requests for employment, placed by it or on its behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age or sex.

c. CONTRACTOR shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by CONTRACTOR.

d. It shall be no defense to a finding of noncompliance with the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this nondiscrimination clause that CONTRACTOR had delegated some of its employment practices to any union, training program or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that CONTRACTOR was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

e. Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons so that CONTRACTOR will be unable to meet its obligations under the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, or this nondiscrimination clause, CONTRACTOR shall then employ and fill vacancies through other nondiscriminatory employment procedures.

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f. CONTRACTOR shall comply with the Contract Compliance Regulations of the Pennsylvania Human Relations Commission, 16 Pa. Code Chapter 49 and with all laws prohibiting discrimination in hiring or employment opportunities. In the event of CONTRACTOR'S noncompliance with the nondiscrimination clause of this Contract or with any such laws, this Contract may, after hearing and adjudication, be terminated or suspended, in whole or in part, and CONTRACTOR may be declared temporarily ineligible for further Commonwealth Contracts, and such other sanctions as may be imposed and remedies invoked as provided by the Contract Compliance Regulations.

g. CONTRACTOR shall furnish all necessary employment documents and records to, and permit access to its books, records and accounts by, OWNER and the Pennsylvania Human Relations Commission, for purposes of investigation to ascertain compliance with the provisions of the Contract Compliance Regulations, pursuant to Section 49.35 of these Regulations. If CONTRACTOR does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by OWNER or the Commission.

h. CONTRACTOR shall actively recruit minority Subcontractors or Subcontractors with substantial minority representation among their employees.

i. CONTRACTOR shall include the provisions of this nondiscrimination clause in every subcontract or…