BID SPECIFICATIONS FOR Lower Providence Community Library Renovation

Transcription

1 BID SPECIFICATIONS FOR Lower Providence Community Library Renovation February 15 th, 2016 for Lower Providence Community Library 50 Parklane Drive, Eagleville, PA 19403

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3 Lower Providence Community Library Renovation TABLE OF CONTENTS Invitation to Bid General Specifications and Conditions for Bid Proposal form, Stipulated Sum Agreement of Surety Non Collusion Affidavit Agreement form, Stipulated Sum AIA A Bond Forms Performance Bond Form Payment Bond Form Supplementary Conditions Pennsylvania Prevailing Wage Schedule Multiple Contract Summary... 7 END OF TABLE OF CONTENTS TABLE OF CONTENTS PAGE 1 OF 1

4 Lower Providence Community Library Renovation SECTION INVITATION TO BID Separate sealed Proposals will be received by Lower Providence Community Library. Proposals shall be addressed to Lynn Burkholder, Library Director, received at the Library circulation desk (50 Parklane Drive, Eagleville. PA 19403), until 3:00 PM, prevailing local time, March 16, No late bids will be accepted. Bids will be publicly opened and read aloud shortly thereafter, in the meeting room of the Lower Providence Community Library Building. The project includes furnishing and installing new Study Rooms, Finishes, Millwork and associated Mechanical and Electrical modifications. Bidding Documents will be available on February 15, 2016 at 12:00 PM. Bidders are required to secure a complete set of Bidding Documents. Bidding documents may only be purchased, on CD in PDF format, from the Architect s office by one of the following methods: Call Maureen McMenamin (215) ext. 115; or fax (215) The cost of the bidding documents is $25.00 (without shipping) payable to Godshall Kane O Rourke Architects (company check or cash) and is not refundable. There will be an additional non-refundable fee of $20.00 to mail the project documents if a UPS/ Fed-Ex account is not provided. In order to be a registered bidder to submit a bid and receive addendum, bidding documents must be purchased from the Architect. Bidders may review the bidding documents without charge at the Architect s office, Godshall Kane O Rourke Architects, 12 East Butler Avenue, Suite 205, Ambler, PA 19002, during the hours of 9:00 AM - 5:00 PM or at the Lower Providence Community Library during library hours. There will not be a Pre-bid meeting: Building is open to public and contractors are welcome to visit as needed. Proposals shall conform to all other requirements as more fully set forth in the bidding documents. The right to waive any informality in any bid, to reject any or all bids or to award any Contract in the best interest of the Owner is reserved. END OF SECTION INVITATION TO BID

5 Lower Providence Community Library Renovation LOWER PROVIDENCE COMMUNITY LIBRARY 50 PARKLANE DRIVE EAGLEVILLE, PA PHONE NUMBER FAX NUMBER GENERAL SPECIFICATIONS AND CONDITIONS FOR BID 1. The Lower Providence Community Library Board of Supervisors, hereafter known as the BOS, invites contractors to submit sealed bids for the LIBRBARY RENOVATION. Bids will be accepted until 3:00 PM on Wednesday, March 16, The bids should be submitted in a sealed envelope and clearly marked on the outside BID FOR LIBRARY RENOVATION. 3. Not used 4. Bids will be opened and read in the Meeting Room of the Library Building shortly after received. 5. A Bid Bond, Bank Cashier s, Bank Treasurer s or Certified Check made out to Lower Providence Community Library in the amount of 5% of the total Bid is required from each bidder and must be enclosed with the bid. Upon the execution of the contract documents, the bid bond will be returned to the successful bidder. The bid bonds or checks, as the case may be, will be returned to unsuccessful bidders at the time of the awarding of the contract. 6. The successful bidder for the furnishing of any services involving labor and/or materials shall be required to furnish performance and payment bonds in the amount of 100% of the bid. 7. Lower Providence Community Library reserves the right to reject or accept any or all bids or any portion thereof and to waive any informalities permitted by law. Bids must remain firm for a period of sixty (60) days from the date of the bid opening. 8. Prior to commencement of any work under this Contract and until completion and until final payment is made for the work, the General Contractor and each and every Subsubcontractor shall, at its sole expense, maintain the following insurance on its own behalf, with an insurance company or companies having an A.M. Best Rating of A-; Class VII or better and furnish to the Contractor, Certificates of Insurance evidencing same and reflecting the effective date of such coverage as follows: The term General Contractor & Subcontractor as used in this Insurance Requirements Letter, shall mean and include the General Contractor and Sub-contractors and Sub-subcontractors of every tier General Specifications and Conditions for Bid

6 Lower Providence Community Library Renovation 8.1 Workers Compensation and Employers Liability: In the State of Pennsylvania in which the work is to be performed: Bodily Injury by Accident: Bodily Injury by Disease: Bodily Injury by Disease: $1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit 8.2 Commercial General Liability: (Including Premises Operations, Independent Contractors, Products/Completed Operations, Broad Form Property Damage, Contractual Liability and Explosion, Collapse and Underground Coverage s.) Occurrence Form: General Aggregate: $2,000,000 (on a per project basis) Products/Completed Operations Aggregate: $1,000,000 Each Occurrence: $1,000,000 Personal and Advertising Injury $1,000,000 Fire Damage (any one fire) $50,000 Medical Expense (any one person) $5,000 Products and Completed Operations coverage must be maintained for a period of at least two (2) years after final payment. 8.3 Automobile Liability:Per Accident Limit $1,000,000 a.) b.) c.) All Owned Vehicles Hired Vehicles Non-Owned Vehicles 8.4. Commercial Umbrella Liability: Occurrence Limit: $1,000,000 Aggregate Limit (where applicable): $1,000,000 Policy to apply excess on a Following Form basis of the Commercial General Liability, Commercial Automobile Liability and Employers Liability Coverage s Additional Insured Endorsements must be either the CG2010 (11/85) or CG2010 (1993 & later editions) in combination with a CG2037 (2001 edition). Copies of additional insured endorsements must be furnished as an attachment reflecting the inclusion of the interests of Lower Providence Township, its all appointed and elected officials and employees, and Lower Providence Community Library, its all appointed and elected officials, employees and volunteers as ADDITIONAL INSUREDS General Specifications and Conditions for Bid

7 Lower Providence Community Library Renovation 8.6. Additional Insurance coverage from General Contractor and Subcontractors is to be endorsed to reflect that their respective commercial general liability insurance be primary and non-contributing for the Lower Providence Township and Lower Providence Community Library The policy providing the above insurance shall be endorsed to contain the following: is interested in the maintenance of this insurance and it is agreed that this insurance will not be cancelled, materially changed or non-renewed without at least 30 days advanced written notice to at, PA by certified mail returned receipt requested Waiver of Subrogation a.) b.) The General Contractor and its Subcontractors and Sub-subcontractors waive all rights of subrogation against Lower Providence Township and Lower Providence Community Library and all additional insured s named in paragraph 5 of these Insurance Requirements for loss or damage covered by any of the insurance maintained by the General Contractor, Subcontractor or Sub-subcontractor pursuant to these construction bid specifications. If any of the policies of insurance required under this subcontract require an endorsement to provide for waivers of subrogation, then the named insured s of such policies will cause them to be so endorsed The amount of insurance provided in the aforementioned insurance coverage s, shall not be construed to be a limitation of the liability on the part of the General Contractor, Subcontractors or any of the Sub-subcontractors Any type of insurance or any increase in limits of liability not described above which the Subcontractor requires for its own protection or on account of statute shall be its own responsibility and at its own expense The carrying of insurance described shall in no way be interpreted as relieving the General Contractor or Subcontractors of any responsibility or liability under this contract a.) The General Contractor and its Subcontractors shall forward their respective Certificates of Insurance through their Agents prior to the commencement of work, which shall be subject to Township and Library s approval regarding adequacy of protection and the satisfactory character of the insurer. The Certificate of Insurance should be mailed within five days of receipt of this executed agreement to regardless of when your work will start. In no event are you to begin work until this Certificate of Insurance showing coverage in the aforementioned amounts required for this job is received and approved by the Owner of the General Specifications and Conditions for Bid

8 Lower Providence Community Library Renovation project. Any work performed without having the Certificate of Insurance received and approved by is at Subcontractors own risk. Most importantly, no invoices will be paid to General Contractors or its Subcontractors until a approved Certificate is on file with. 9. The project must be fully completed by June 8, Work shall start on or before May 16, Daily work hours will be between 7am and 4pm. If contracts are not fully executed before January 21, 2016, and through no fault of the Owner, the only remedy for the Contractor shall be one additional day added to the completion date for each day after January 21, 2016, the project start is delayed. 10. AIA document A107 Owner Contractor Agreement issued by the Library covering any or all items included in this bid shall constitute a contract binding upon the bidder and the Library. 11. No charge will be allowed for federal, state, or municipal sales or excise taxes, for which the Library is exempt by law. The price bid shall be net and shall not include the amount of any such tax. Exemption certificate if required will be furnished on forms provided by the bidder. 12. When a manufacture reference follows the description of an item, such manufacture reference is intended as a means of more fully describing the item in the shortest possible space and is to be regarded only as a part of the description of the item and not intended to limit competition. 13. Applications for payment must be submitted to the Library, completely itemized, and covering each application for payment the application shall cover the preceding month and shall include a 10%. The retainage shall be held until final completion and all punch list items are completed. Applications for payment shall be provided on AIA G702 and 703 or facsimile thereof. Payment will be made by the end of the month following the application for payment period. 14. By bidding and by executing the Agreement, the Contractor confirms that the contract duration is a reasonable period for performing the work. No additional payment or compensation will be made to the Contractor for additional time or man power. 15. Bid Forms are to be furnished in duplicate. The original shall be submitted as the official bid and the duplicate will be retained for reference purposes. Bids must be typewritten or written in ink and signed by the individual, partners or corporate officer. 16. ASBESTOS. It is believed that there is no asbestos involved with this project. In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) or other hazardous or toxic substance, the Contractor shall immediately stop the Work in the area affected and report the condition to the Owner and Architect in writing. If a contractor fails to meet the requirements of the federal, state and local regulations and these specifications related to the discovery, removal, and cleanup, the contractor shall be subject to immediate termination and the contractor shall be responsible for all costs and expenses related to the removal and cleanup of the asbestos including architect and engineering fees. 17. Upon request of the Library or the Library s representative, and in advance of any work to be performed at the site, should the employees of the bidder or subcontractors or subsubcontractors of the bidder come into close proximity with school age children in or about the Library s General Specifications and Conditions for Bid

9 Lower Providence Community Library Renovation property, the Library may require the submission of employee background checks required by employees of the Library. 18. The bidder shall comply with any and all state and federal regulations governing environmental protection, including but not limited to CERCLA, SARA, underground storage tank regulations, RCRA, TOSA, the Pennsylvania Solid Waste Management Act, The Pennsylvania Super fund Law, the Pennsylvania Clean Streams ACT, AHERA, The National and State Safe Drinking Water Acts, as well as any other act or regulation of a federal or state agency governing the protection of the environment or natural resources, Upon request of the Library, the bidder, or subcontractor, the necessary certifications or licensures may be requested to be prominently placed at the site or as otherwise specified by the bidder. 19. Bidder represents and warrants that it either directly or indirectly has not been convicted or found liable for any act prohibited by state or federal law in any Jurisdiction involving conspiracy or collusion with respect to bidding on any public contract within the last three (3) years. 20. All work shall be performed during normal work hours. Clearances as specified below will be required if the work continues while the building is occupied. Clearances for all on-site employees must be provided in accordance with the following. A schedule must be provided by the Contractor before the work begins indicating the planned progress of the work. No change may be requested of the Owners normal operations unless a minimum of 3 days warning is given and agreed to by Owner. 21. BACKGROUND CHECKS A. Contractor shall obtain the following background checks on all employees and Subcontractor s employees who will be working on site: 1. Criminal Background Checks: Pursuant to of the Pennsylvania Public School Code of 1949, prior to commencing work under the Contract, Contractor shall submit for any employee or independent contractor who would be working on the school district site, pursuant to work contemplated in the Contract, a report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person. Contractor shall produce the original document for each prospective employee or independent contractor of such Contractor prior to employment. In addition, Contractor shall submit a report of federal criminal history record information pursuant to the Federal Bureau of Investigation appropriation of Title 2 of Public Law and 24 P.S , as amended. The federal criminal history record provided in accordance with this Section 1.10 cannot be more than one (1) year old. Contractor shall not allow any prospective employee or independent contractor on the job site prior to providing Owner with the above-referenced criminal history record information for said prospective employee or independent contractor. Contractor shall comply with any amendments to the criminal history record laws and regulations during the course of the Contract, at Contractor s sole cost and expense and Contractor shall not be entitled to any increase in the Contract Sum in connection with such compliance. 2. Child Protective Services Background Checks: Contractor shall obtain official clearance statements from the Pennsylvania Department of Public Welfare pursuant to Act 151 of December 16, 1994 (P.L. 1292), Subch apter C.2. of the Child Protective Services Act. Contractor shall not allow any prospective employee or independent contractor on the job site prior to providing Owner with the above referenced clearance statement for said employee or independent contractor. Contractor shall comply with any amendments to the Child Protective Services Act during the course of the Contract, at Contractor s sole cost and expense and Contractor shall not be entitled to any increase in the Contract Sum in connection with such compliance General Specifications and Conditions for Bid

10 Lower Providence Community Library Renovation B. Without exception, Contractor shall submit background checks on the original forms plus one copy of each to Owner and/or Owner s representative prior to such workers entering the job site. 1. It is recommended that background checks be initiated upon receipt of Notice of Intent to Award Contract. 2. Affidavit procedure described in the Acts may be used on an initial basis. The affidavits expire after a limited period of time and must be accompanied by a copy of the background check applications. C. At the Owner s option, workers that attempt to circumvent this process may be permanently excluded from the site. D. Owner reserves the right to review the Contractor s records at any time to determine compliance with these requirements. Failure to comply with the terms of these requirements shall be deemed a breach of contract between the Owner and Contractor and may result in withholding of payment. E. These requirements apply to all workers on the site, including subcontractors, sub-subcontractors and their employees. Contractors are responsible for the compliance of all subcontractors and subsubcontractors. 22. LIQUIDATED DAMAGES Schedule: Provide substantial completion as indicated in this document. Completion date shall be in accordance with base bid or alternates selected that change the completion date. Failure to complete the work shall result in the assessment of Liquidated Damages as follows: A. Actual damages for delay in the time of completion are impossible to determine. Accordingly, the Contractor and the Contractor s Surety shall be liable for and shall pay to the Owner as fixed, agreed and liquidated damages, the sum or sums indicated for each calendar day (Sundays and holidays included) which the actual time of substantial completion shall be delayed beyond the time of completion indicated in the form of agreement, specifications or phasing drawing. B. Liquidated damages for failure to meet substantial completion shall be calculated at the Two Hundred- Fifty Dollars ($250) for each calendar day of delay until the work is substantially complete. C. In addition, Contractor and its Surety shall be liable for, and shall pay to Owner as fixed, agreed and liquidated damages, the sums indicated for each calendar day (Sundays and holidays included) which the actual time of final completion, including completion or correction of punch list items, shall be delayed beyond the time of completion. D. Liquidated damages for failure to complete or correct Punch List items shall be calculated at One Hundred-Fifty Dollars ($150) for each calendar day of delay beyond thirty (30) calendar days after certification of substantial completion until work for corrections are complete. E. The Owner shall have the right to deduct the total amount of any fixed, agreed and liquidated damages for which the Contractor may be liable from any monies otherwise due to the Contractor under the Contract, including any retained percentage which may be under the control of the Owner. F. Contractor s Surety shall be liable for any fixed, agreed and liquidated damages for which the Contractor may be liable under this Liquidated Damages Article to the full extent the Contractor shall not make settlement thereof with the Owner. G. In the event the Contractor or its Surety litigates the validity of the these provisions or the assertion of liquidated damages, and fails to prevail as to its entire claim or defense, the Contractor shall be liable for and shall reimburse the Owner for any attorney s fees, professional fees and other costs and expenses General Specifications and Conditions for Bid

11 Lower Providence Community Library Renovation incurred by the Owner associated with analyzing, defending or otherwise opposing any such claim, defense or litigation. H. If the Contractor shall be responsible, in the opinion of the Architect, for delay in the actual time of completion of any other Contractor employed by Owner in the performance of any portion of the Work, then the Contractor so determined to be responsible and its Surety shall be liable for and shall pay to the Owner all liquidated damages otherwise attributable to such other Contractor, as well as any attorney s fees, professional fees or other costs or expenses incurred by the Owner in regard to same. 23. The Contractor shall prepare, submit and pay for the building permit, if any. In addition the Contractor and sub-contractors shall pay for other normally required business, contractor, plumbing or other license, fee or tax as promulgated by the Township. A. The Township has waived the cost of the building permit for this project. 24. The Contractor shall provide their own waste disposal facilities, including dumpsters, shall provide progress cleaning that includes broom cleaning interior and exterior spaces after each day s work, except during excavation, filling and patching. Thereafter resume progress cleaning on the exterior. 25. One year warranty for the workmanship is required, refer to Specifications. Maintenance shall be by the Owner. 26. Performance and Payment bonds are required. Comply with attached documents , , and Unit Prices: Not Used 28. Allowances: Not Used 29. Prevailing Wages shall be paid according to prevailing law and the rates listed in this document. END OF GENERAL SPECIFICATIONS AND CONDTIONS General Specifications and Conditions for Bid

12 Lower Providence Community Library Renovation SECTION PROPOSAL FORM, STIPULATED SUM (INSTRUCTIONS): Enclose Proposal in double envelope, both addressed and each sealed. On the inner envelope, containing the Proposal, add the notation to the envelope as follows: PROPOSAL FOR (Fill in applicable Contract) CONSTRUCTION Lower Providence Community Library 50 Parklane Drive, Eagleville, PA PROPOSAL SUBMITTED BY (Name of Bidding Firm) (Address) Deliver unopened bids to place and person indicated in the Invitation to Bidders. Deliver this proposal on or before date and prevailing local time indicated in the Invitation to Bidders. Bids will be opened and read at time and place indicated in the Invitation to Bidders. To the Library Supervisors: Having carefully examined the specifications, the site, and all conditions affecting the work, the undersigned hereby proposes to perform and complete all base bid work for Construction for Lower Providence Community Library Renovation, in strict accordance with the Bidding Documents as prepared by Godshall Kane O Rourke Architects LLC and all Addenda (if any) as indicated below: ADDENDA NO. ADDENDA NO. ADDENDA NO. ADDENDA NO. ADDENDA NO. DATED DATED DATED DATED DATED inclusive, for the total sum of ($ ) Dollars. My bid will remain firm for the period of time indicated in the Instructions to Bidders PROPOSAL FORM, STIPULATED SUM

13 Lower Providence Community Library Renovation The work shall be completed on or before the date indicated in the proposed Contract Documents. ALTERNATES We the undersigned, agree to modify by addition or deduction from the base bid by the amounts stated below for alternates as specified in the Contract Documents. The Owner may accept any or all of the alternates in any order. All alternate work shall be completed within the same time frame as indicated on the Contract Documents for associated work. If the alternate does not affect the Contract Sum, the Bidder shall indicate "NO CHANGE." Alternate prices shall be all inclusive of the costs of materials, labor, balancing and testing of HVAC and Electrical Systems as required, overhead and profit, supervision, administration and any and all other costs in connection therewith for work in place and accepted or omitted as the cost may be, and shall hold for the period of time established in the Instructions to Bidders. PLACE AN X NEXT TO APPROPRIATE MODIFIER. IF NO MODIFIER IS INDICATED, THE BID MAY BE REJECTED IF THE ALTERNATE IS TO BE ACCEPTED. A. Alternate No.1 : Add modification to circulation desk ADD B. Alternate No. 2: Add Café storage unit ADD C. Alternate No. 3: Add additional wall painting ADD Dollars ($ ) Dollars ($ ) Dollars ($ ) PROPOSAL FORM, STIPULATED SUM

14 Lower Providence Community Library Renovation SUBSTITUTIONS By writing in the words No Substitutions on the lines below, we affirm that we have included all products, materials and systems as specified by name or descriptions (so as to be proprietary) as specified in the project manual, indicated on the drawings or included by addenda in this bid without modification. Or By indicating below the specification section of each unit of work or item subject to a substitution included with the bid, we acknowledge the following: A. That for each unit of work or item subject to a substitution included with this bid we have attached complete evaluation data required for substitutions as indicated in the Instructions to Bidders and General Conditions covering standard of quality and substitutions. Failure to provide complete information will subject this bid to disqualification or rejection of substitution without revision of bid cost. B. If any such substitutions are accepted by means of inclusion in the contract, we will pay to the owner, costs related to such substitution as may be required for redesign, or modification to work of other contracts. C. If any such substitutions are rejected, this bid may be disqualified or the bid may be accepted without such substitutions and without revision to bid amount. In the case of the latter, we will provide the items or units of work as specified or indicated. D. Substitutions deemed acceptable will be included in the contract only by a change order (without changes in time or cost) to be executed with the agreement. Specification Section Item or Unit of Work PROPOSAL FORM, STIPULATED SUM

15 Lower Providence Community Library Renovation This Bid is submitted in accordance with and subject to all terms and conditions of the Bidding Documents which are incorporated herein by reference and shall be construed to be part hereof, with the same effect as if such were reported at length herein. When the bidder is an individual: WITNESS: By: (SEAL) Signature of Individual Trading and doing business as: Address (SEAL) When the bidder is a partnership (Name of Partners): WITNESS: By: (SEAL) Name of Partnership Address By: Partner By: Partner By: Partner By: Partner (SEAL) (SEAL) (SEAL) (SEAL) PROPOSAL FORM, STIPULATED SUM

16 Lower Providence Community Library Renovation When the bidder is a corporation: ATTEST: Name of Corporation Address Secretary/Assistant Secretary By: President/Vice President (SEAL) (CORPORATE SEAL) Is a corporation organized and existing under the laws of and has (has not) been granted a certificate of authority to do business in the State of Pennsylvania. SUBMIT THE FOLLOWING WITH THE BID: The following items shall be submitted with this Bid. Failure to include these items may result in the Bid being declared unresponsive. Bid Security Non-Collusion Affidavit Agreement of Surety guaranteeing issuance of Performance & Payment Bonds END OF SECTION PROPOSAL FORM, STIPULATED SUM

17 Lower Providence Community Library Renovation SECTION AGREEMENT OF SURETY KNOW ALL MEN BY THESE PRESENTS, that we,, as Surety, a corporation existing under the laws of the State of, and authorized to transact business in the Commonwealth of Pennsylvania hereby agrees intending to be legally bound hereby, to execute and deliver to Lower Providence Community Library, within the time limit specified in the Contract Documents, the Performance Bond and Payment Bond in the forms included in the Contract Documents each in an amount of 100% of the Contract Sum, in favor of the Lower Providence Community Library, as required for the faithful performance and proper fulfillment of the contract for Lower Providence Community Library Renovation Project, located in Montgomery County, on behalf of (hereinafter called the Bidder) provided that the above contract be awarded to the bidder within sixty (60) days after the date of opening of the bids or otherwise as set forth in the Bidding Instructions and Invitation to Bidders. Surety further agrees that should the Surety, after notification of intent to make such award, omit or refuse to execute the required bonds and agreement, then the Surety shall pay to Lower Providence Community Library, hereinafter called the Obligee, any difference between the total amount specified in said bidder s proposal for the required work and the amount of which said Obligee may procure the same work, if the latter amount be in excess of the former, plus any advertising, architectural, legal and other expenses incurred by Obligee; provided, however, that the obligations of Surety hereunder shall not exceed the amount of bid security provided by the Bidder together with interest. Dated:, 20 (CORPORATE SURETY) WITNESS OR ATTEST: By: NAME: Attorney-in-Fact* (Please type) *Attach an appropriate Power of Attorney, dated as of the same date as this Agreement, evidencing the authority of the Attorney-in-Fact to act on behalf of the corporation. END OF SECTION AGREEMENT OF SURETY

18 Lower Providence Community Library Renovation SECTION NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT Contract/Bid No. State of : : ss County of : I state that I am [Title] of [Name of Firm], and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid. I state that: 1. The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening. 3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. 5. [Name of Firm], its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows: Any affidavits stating that the bidder or any of its affiliates, subsidiaries, officers, directors and employees have been convicted or found liable for any act, prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract within the last three years, does not prohibit Lower Providence Community Library from accepting a bid from or awarding a contract to the bidder, but may be a ground for consideration on the question whether the District should decline to award a contract to that bidder on the basis of lack of responsibility NON-COLLUSION AFFIDAVIT

19 Lower Providence Community Library Renovation I state that [Name of firm] understands and acknowledges that the above representations are material and important, and will be relied on by the Lower Providence Community Library in awarding the contracts for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Lower Providence Community Library of the true facts relating to the submission of bids for this contract (Name and Company Position) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF, 20. Notary Public My commission expires NON-COLLUSION AFFIDAVIT

20 Lower Providence Community Library Renovation INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Antibid-Rigging Act, 73 P.S et. seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids. 2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid. 3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid. 4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term "complementary bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition. 6. Failure to file an Affidavit in compliance with these instructions may result in disqualification of the bid END OF SECTION NON-COLLUSION AFFIDAVIT

21 AIA Document A107 TM 2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AGREEMENT made as of the day of in the year (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) «Lower Providence Community Library» and the Contractor: (Name, legal status, address and other information) for the following Project: (Name, location and detailed description) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. «Lower Providence Community Library Renovation» «50 Parklane Drive, Eagleville, PA 19403» «Renovation to Library. Work includes new study rooms, finishes and minor electrical and mechanical to facilitate relocated items.» The Architect: (Name, legal status, address and other information) «Godshall Kane O Rourke Architects, LLC» «12 East Butler Avenue, Suite 205» «Ambler, PA 19002» «Telephone Number: » The Owner and Contractor agree as follows. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 1

22 TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE & BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES EXHIBIT A DETERMINATION OF THE COST OF THE WORK ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) «The commencement date will be fixed in a notice to proceed issued by the owner.» AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 2

23 2.2 The Contract Time shall be measured from the date of commencement. 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) «As indicated in the General Specifications and Conditions for Bid» Portion of Work Substantial Completion Date, subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor s performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ «X» ] Stipulated Sum, in accordance with Section 3.2 below [ ] Cost of the Work plus the Contractor s Fee, in accordance with Section 3.3 below [ ] Cost of the Work plus the Contractor s Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) 3.2 The Stipulated Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) Allowances included in the stipulated sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Allowance AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 3

24 3.3 COST OF THE WORK PLUS CONTRACTOR S FEE The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work The Contractor s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor s Fee and the method of adjustment to the Fee for changes in the Work.) 3.4 COST OF THE WORK PLUS CONTRACTOR S FEE WITH A GUARANTEED MAXIMUM PRICE The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work The Contractor s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor s Fee and the method of adjustment to the Fee for changes in the Work.) GUARANTEED MAXIMUM PRICE The sum of the Cost of the Work and the Contractor s Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.) The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Unit Prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) Allowances included in the Guaranteed Maximum Price, if any: (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.) Item Allowance Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 4 PAYMENTS 4.1 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 4

25 4.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the «15» day of the month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than ( «45» ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) Retainage, if any, shall be withheld as follows: «Ten Percent (10%)» Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) «0» % «Zero Percent» 4.2 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when.1 the Contractor has fully performed the Contract except for the Contractor s responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment;.2 the contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a guaranteed maximum price; and.3 a final Certificate for Payment has been issued by the Architect The Owner s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect s final Certificate for Payment, or as follows: ARTICLE 5 DISPUTE RESOLUTION 5.1 BINDING DISPUTE RESOLUTION For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 21.4 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below The Agreement is this executed AIA Document A , Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 5

26 6.1.2 The Supplementary and other Conditions of the Contract: Document Title Date Pages Supplementary Conditions The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) «Title of Specification exhibit: Table of Contents, See Project Manual» Section Title Date Pages The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) «Title of Drawing exhibit: CS, Cover Sheet for drawing index» Number Title Date The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article Additional documents, if any, forming part of the Contract Documents:.1 Exhibit A, Determination of the Cost of the Work, if applicable..2 AIA Document E , Digital Data Protocol Exhibit, if completed, or the following:.3 Other documents: (List here any additional documents that are intended to form part of the Contract Documents.) ARTICLE 7 GENERAL PROVISIONS 7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 7.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 6

27 construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. 7.3 THE WORK The term Work means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor s obligations. The Work may constitute the whole or a part of the Project. 7.4 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. 7.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Architect and the Architect s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect s or Architect s consultants reserved rights The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect s consultants. 7.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmission, unless otherwise provided in the Agreement or in the Contract Documents. ARTICLE 8 OWNER 8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay fortownship fees all other fees are the responsibility of the contractor. 8.2 OWNER S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 8.3 OWNER S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner s expenses and AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 7

28 compensation for the Architect s services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor s review is made in the Contractor s capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES The Contractor shall supervise and direct the Work, using the Contractor s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters The Contractor shall be responsible to the Owner for acts and omissions of the Contractor s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 9.3 LABOR AND MATERIALS Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work The Contractor shall enforce strict discipline and good order among the Contractor s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them The Contractor may make a substitution only with the consent of the Owner in the form of written consent, after evaluation by the Architect and in accordance with a Modification. 9.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 8

29 9.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Allowance amounts shall not include the Contractor s costs for unloading and handling at the site, labor, installation, overhead, and profit. 9.8 CONTRACTOR S CONSTRUCTION SCHEDULES The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner s and Architect s information a Contractor s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. 9.9 SUBMITTALS The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with the Contractor s construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. The contrctor should make every effort not to interrupt normal library operations CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 9

30 9.12 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor s tools, construction equipment, machinery and surplus material from and about the Project ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT 10.1 The Architect will provide administration of the Contract and will be an Owner s representative during construction, until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor s rights and responsibilities under the Contract Documents On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 10

31 charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work Based on the Architect s evaluations of the Work and of the Contractor s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work The Architect will review and approve or take other appropriate action upon the Contractor s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question between the Owner and Contractor The Architect s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 11 SUBCONTRACTORS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor s list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor s Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor s Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Article The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor s activities with theirs as required by the Contract Documents. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 11

32 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, by the Contractor s cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor s monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work The term day as used in the Contract Documents shall mean calendar day unless otherwise specifically defined The date of Substantial Completion is the date certified by the Architect in accordance with Section If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor s control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION 15.1 APPLICATIONS FOR PAYMENT Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used in reviewing the Contractor s Applications for Payment. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 12

33 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor, less (2) that portion of those payments attributable to the Contractor s Fee; plus (3) payrolls for the period covered by the present Application for Payment Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor s knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner s interests CERTIFICATES FOR PAYMENT The Architect will, within seven days after receipt of the Contractor s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect s reasons for withholding certification in whole or in part as provided in Section The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect s evaluations of the Work and the data comprising the Application for Payment, that, to the best of the Architect s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous onsite inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect s opinion the representations to the Owner required by Section cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of.1 defective Work not remedied;.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor;.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;.5 damage to the Owner or a separate contractor; AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 13

34 .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or.7 repeated failure to carry out the Work in accordance with the Contract Documents When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld PROGRESS PAYMENTS The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents SUBSTANTIAL COMPLETION Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents Upon receipt of the Contractor s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents FINAL COMPLETION AND FINAL PAYMENT Upon receipt of the Contractor s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect s knowledge, information and belief, and on the basis of the Architect s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect s final Certificate for Payment will constitute a further representation that conditions stated in Section as precedent to the Contractor s being entitled to final payment have been fulfilled Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 14

35 be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys fees The making of final payment shall constitute a waiver of claims by the Owner except those arising from.1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;.2 failure of the Work to comply with the requirements of the Contract Documents; or.3 terms of special warranties required by the Contract Documents Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to.1 employees on the Work and other persons who may be affected thereby;.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor s Subcontractors or Subsubcontractors; and.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections and , except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor s obligations under Section HAZARDOUS MATERIALS The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor s reasonable additional costs of shutdown, delay and start-up To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 15

36 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS 17.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, insurance for protection from claims under workers compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor s operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor s obligations under Section Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the Architect and the Architect s Consultants as additional insureds for claims caused in whole or in part by the Contractor s negligent acts or omissions during the Contractor s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor s negligent acts or omissions during the Contractor s completed operations PERFORMANCE BOND AND PAYMENT BOND The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect s services and expenses made necessary thereby, shall be at the Contractor s expense, unless compensable under Section A in Exhibit A, Determination of the Cost of the Work In addition to the Contractor s obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section , or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 16

37 18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located, except, that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor COMMENCEMENT OF STATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the period specified by applicable law, but in any case not more than 4 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section for a period of 45 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section for a period of 45 days, the Contractor may, upon seven additional days written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed TERMINATION BY THE OWNER FOR CAUSE The Owner may terminate the Contract if the Contractor.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors;.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of a public authority; or.4 otherwise is guilty of substantial breach of a provision of the Contract Documents When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 17

38 When the Owner terminates the Contract for one of the reasons stated in Section , the Contractor shall not be entitled to receive further payment until the Work is finished If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner s convenience and without cause. The Contractor shall be entitled to receive payment for Work executed. ARTICLE 21 CLAIMS AND DISPUTES 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.8 and Sections and , shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution If a claim, dispute or other matter in question relates to or is the subject of a mechanic s lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any claim, subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association, in accordance with the Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s) Any party to an arbitration may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described in the written Consent The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 18

39 21.8 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party s termination in accordance with Article 20. Nothing contained in this Section 21.8 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) (Printed name and title) AIA Document A Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:46:10 on 11/25/2015 under Order No _1 which expires on 12/04/2016, and is not for resale. User Notes: ( ) 19

40 Lower Providence Community Library Renovation SECTION BOND FORMS 1.1 Within ten (10) days of receipt of the Notice of Intent to Award, the successful Bidder shall furnish a Performance Bond ( ) and a Payment Bond ( ) in the forms provided in the these Bidding Documents, each in the amount of one hundred percent (100%) of the Contract Sum. 1.2 The Attorney-in-Fact who executes the Performance and Payment Bonds on behalf of the surety shall affix to the bonds a certified and current copy of its Power of Attorney, authorizing said Attorney-in-Fact to act on behalf of the surety. The Power of Attorney must be dated the same day as the bonds and both the bonds and Power of Attorney shall have affixed the raised corporate seal of the surety. 1.3 The Performance and Payment Bonds must be executed by a surety licensed and authorized to conduct business within the Commonwealth of Pennsylvania and named in the current list of companies holding Certificates of Authority as accepted sureties on Federal Bonds and as acceptable reinsuring companies as published in Circular 570 (as amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, and the amount of the bond shall not exceed the underwriting risk of such surety set forth in said Circular or revision thereof. 1.4 This obligation shall become effective on (date of contract execution), and shall remain in full force and effect thereafter for a period of eighteen (18) months and shall automatically extend for additional sixty (60) day periods from the present or any further expiration, unless the Surety provides Obligee with not less than sixty (60) days written notice of its intention not to renew this obligation. END OF SECTION Bond Forms

41 Lower Providence Community Library Renovation SECTION PERFORMANCE BOND FORM KNOW ALL MEN BY THESE PRESENTS that we,, as Principal (the Principal ), and, a corporation organized and existing under the laws of the of, having its principal office at, and authorized to do business in the Commonwealth of Pennsylvania, as Surety (the Surety ), are held and firmly bound, jointly and severally, unto the LOWER PROVIDENCE COMMUNITY LIBRARY, as Obligee (the Obligee ), as hereinafter set forth in the full and just sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. If more than one surety is named above, said sureties shall be jointly and severally liable to Obligee. WITNESSETH THAT: WHEREAS, The Principal heretofore has submitted to the Obligee a certain bid (the Bid ), to perform certain work for the Obligee, in connection with the Lower Providence Community Library Renovation in Montgomery County, Pennsylvania pursuant to plans, specifications and other related documents, constituting the contract documents, which are incorporated into the Bid by reference and a part thereof (the Contract Documents ), as prepared by Godshall Kane O Rourke Architects, LLC and Lehigh Valley Engineering, Inc.; and WHEREAS, the Contract Documents are incorporated in this Bond by reference and made a part hereof; and WHEREAS, the Obligee is a Contracting Body under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known and cited as the Public Works Contractors Bond Law of 1967 (the Act ); and WHEREAS, the Act, in Section 3(a), requires that, before an award shall be made to the Principal by the Obligee in accordance with the Bid, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a contract to the Principal by the Obligee in accordance with the Bid; and WHEREAS, it also is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee; and WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Bid, then the Principal and the Obligee shall enter into an agreement with respect to performance of such work (the Agreement ), the form of which Agreement is set forth in the Contract Documents. NOW, THEREFORE, the terms and conditions of this bond are and shall be that if: (a) the Principal well, truly and faithfully shall comply with and shall perform the Agreement in accordance with the Contract Documents, at the time and in the manner provided in the Agreement and in the Contract Documents, and if the Principal shall satisfy all claims and demands incurred in or related to the performance of the Agreement by the Principal or growing out of the performance of the Agreement by the Principal, and if the Principal shall indemnify completely and shall save harmless the Obligee and all of its officers, agents and employees from any and all costs and damages which the Obligee and all of its PERFORMANCE BOND FORM

42 Lower Providence Community Library Renovation officers, agents and employees may sustain or suffer by reason of the failure of the Principal to do so, and if the Principal shall reimburse completely and shall pay to the Obligee any and all costs and expenses which the Obligee and all of its officers, agents and employees may incur by reason of any such default or failure of the Principal, including, but not limited to, additional legal and professional fees resulting from such default or failure of the Principal, delay damages resulting from such default or failure of the Principal, and liquidated damages in accordance with the Contract Documents; and (b) if the Principal shall remedy, without cost to the Obligee, all defects which may develop during the period of one (1) year from the date of final completion by the Principal and acceptance of the Obligee of the work to be performed under the Agreement in accordance with the Contract Documents, which defects, in the sole judgment of the Obligee or its legal successors in interests, shall be caused by or shall result from defective or inferior materials or workmanship, then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect and all claims, demands, costs, expenses and damages including, but not limited to, additional legal and professional fees resulting from the default or failure of Principal, delay damages resulting from such default or failure of the Principal, and liquidated damages in accordance with the Contract Documents, shall be payable by Principal and Surety to Owner; provided, however, that the obligations of the Surety hereunder shall not exceed the amount of this Performance Bond. This Bond is executed and delivered under and subject to the Act, to which reference hereby is made. The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or any alterations, changes and/or additions to the work to be performed under the Agreement in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Agreement, and/or any giving by the Obligee of any extensions of time for the performance of the Agreement in accordance with the Contract Documents, and/or any act of forbearance of either the Principal or the Obligee toward the other with respect to the Contract Documents and the Agreement, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Agreement, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligation under this bond; and the Surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage. If the Principal is a foreign corporation (incorporated under any laws other than those of the Commonwealth of Pennsylvania) then further terms and conditions of this Bond are and shall be that the Principal and the Surety shall not be discharged from liability on this Bond, nor this Bond surrendered until such Principal files with the Obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all bonus taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor and Industry, evidencing the payment of all unemployment compensation, contributions, penalties and interest due the Commonwealth from said Principal or any foreign corporation, subcontractor there under or for which liability has accrued but the time for payment has not arrived, all in accordance with provisions of the Act of June 10, 1947, P.L. 493, of the Commonwealth of Pennsylvania. Any proceeding, legal or equitable, under this Bond shall be instituted in either the Court of Common Pleas of Montgomery County, Pennsylvania or the United States Federal District Court for the Eastern District of Pennsylvania, and in any such proceeding Obligee may join both Principal and Surety as parties, and Principal and Surety hereby consent to such joinder, jurisdiction and venue. This Bond shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Pennsylvania PERFORMANCE BOND FORM

43 Lower Providence Community Library Renovation IN WITNESS WHEREOF, the Principal and the Surety, intending to be legally bound, cause this Bond to be signed, sealed and delivered this day of, 20. (Individual Principal) WITNESS: (SEAL) (Signature of Individual) (Print name of Individual) Trading & doing business as * * * * * * * * (Partnership Principal) WITNESS: (Name of Partnership) by : ( SEAL) Print Name: Partner by : ( SEAL) Print Name: Partner by : ( SEAL) Print Name: Partner * * * * * * * * (Corporate Principal) ATTEST: Print Name: Title: Secretary (Assistant Secretary) (Name of Corporation) by : ( SEAL) Print Name: Title: President (Vice President) PERFORMANCE BOND FORM

44 Lower Providence Community Library Renovation (CORPORATE SEAL) or (if appropriate) WITNESS: (Name of Corporation) *By: (Authorized Representative) Print Name: *Attach appropriate proof, with raised corporate seal, dated as of the same date as the Bond, evidencing authority to execute on behalf of the corporation. * * * * * * * * (Limited Liability Company) WITNESS: (Managing) Member (Name of Limited Liability Company) by : ( SEAL) Print Name: by : ( SEAL) Print Name: Member by : ( SEAL) Print Name: Member or (if appropriate) WITNESS: (Name of Limited Liability Company) *By: (Authorized Representative) Print Name: *Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute on behalf of the company PERFORMANCE BOND FORM

45 Lower Providence Community Library Renovation * * * * * * * * (Corporate Surety) WITNESS: (Name of Corporation) **By: (Attorney in fact) **Attach an appropriate power of attorney, with raised corporate seal, dated as of the same date as the Bond, evidencing the authority of the Attorney in fact to act on behalf of the corporation. END OF SECTION PERFORMANCE BOND FORM

46 Lower Providence Community Library Renovation SECTION PAYMENT BOND FORM KNOW ALL MEN BY THESE PRESENTS that we,, as Principal (the Principal ), and, a corporation organized and existing under laws of the of, with a principal office at, and authorized to do business in the Commonwealth of Pennsylvania, as Surety (the Surety ), are held and firmly bound, jointly and severally, unto the LOWER PROVIDENCE COMMUNITY LIBRARY as Obligee (the Obligee ), as hereinafter set forth, in the full and just sum of Dollars ($ ) lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. If more than one surety is named above, said sureties shall be jointly and severally liable to Obligee. WITNESSETH THAT: WHEREAS, The Principal heretofore has submitted to the Obligee a certain bid (the Bid ), to perform certain work for the Obligee, in connection with the Lower Providence Community Library Renovation in Montgomery County, Pennsylvania, pursuant to drawings, specifications and other related documents, which are incorporated into the Bid by reference and a part thereof (the Contract Documents ), as prepared by Godshall Kane O Rourke Architects, LLC and Lehigh Valley Engineering, Inc.; and WHEREAS, the Contract Documents are incorporated into this Bond by reference and made a part hereof; and WHEREAS, The Obligee, is a contracting body under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the Public Works Contractors Bond Law of 1967 (the Act ); and WHEREAS, the Act, in Section 3(a), requires that, before an award shall be made to the Principal by the obligee in accordance with the Bid, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a contract to the Principal by the Obligee in accordance with the Bid; and WHEREAS, it also is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee; and WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Bid, then the Principal and the Obligee shall enter into an agreement with respect to performance of such work (the Agreement ), the form of which Agreement is set forth in the Contract Documents. NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if the Principal and any subcontractor of the Principal to whom any portion of the work under the Agreement shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, promptly shall pay or shall cause to be paid, in full, all money which may be due any claimant supplying labor or materials in the prosecution and performance of the work in accordance with the Agreement and in accordance with the Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, for material furnished or labor performed, then this Bond shall be void; otherwise, Payment Bond Form

47 Lower Providence Community Library Renovation this Bond shall be and shall remain in force and effect. This Bond, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the Principal or to any subcontractor of the Principal in the prosecution of the work covered by the Agreement, including any amendment, extension or addition to the Agreement. The term claimant, when used herein and as required by the Act, shall mean any individual, firm, partnership, association or corporation. The phrase labor or materials when used herein and as required by the Act, shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the work covered by the Agreement. As required by the Act, the provisions of this Bond shall be applicable whether or not the material furnished or labor performed enters into and becomes a component part of the public building, public work or public improvement contemplated by the Contract Documents and the Agreement. As provided and required by the Act, the Principal and the Surety agree that any claimant, who has performed labor or furnished material in the prosecution of the work in accordance with the Agreement and in accordance with the Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, and who has not been paid therefore, in full, before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which payment is claimed, may institute an action upon this Bond, in the name of the claimant, in assumpsit, to recover any amount due the claimant for such labor or material; and may prosecute such action to final judgment and may have execution upon the judgment; provided, however, that: (a) any claimant who has a direct contractual relationship with any subcontractor of the Principal, but has no contractual relationship, express or implied, with the Principal, may institute an action upon this Bond only if such claimant first shall have given written notice, served in the manner provided in the Act, to the Principal, within ninety (90) days from the date upon which such claimant performed the last of the labor or furnished the last of the materials for which payment is claimed, stating, with substantial accuracy, the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished; and (b) no action upon this Bond shall be commenced after the expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, for the payment of which such action is instituted by the claimant; and (c) every action upon this Bond shall be instituted either in the appropriate court of the County where the Agreement is to be performed or of such other County as Pennsylvania statutes shall provide, or in the United States District Court for the district in which the project, to which the Agreement relates, is situated, and not elsewhere. This Bond is executed and delivered under and subject to the Act, to which reference hereby is made. The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or any alterations, changes and/or additions to the work to be performed under the Agreement in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Agreement, and/or any giving by the Obligee of any extensions of time for the performance of the Agreement in accordance with the Contract Documents, and/or any act of forbearance of either the Principal or the Obligee toward the other with respect to the Contract Documents and the Agreement, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Agreement, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond; and the Surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage Payment Bond Form

48 Lower Providence Community Library Renovation Provided, that it is expressly agreed that this Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract Documents not increasing the contract price more than twenty percent (20%), so as to bind the Principal and the Surety to the full and faithful performance of the Contract Documents as so amended. The term Amendment, wherever used in this Bond and whether referring to this Bond, the Contract Documents, or the Agreement, shall include any alteration, addition, extension or modification of any character whatsoever. Provided, further, that no final settlement between the Obligee and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. If the Principal is a foreign corporation (incorporated under any laws other than those of the Commonwealth of Pennsylvania) then further terms and conditions of this Bond are and shall be that the Principal or the Surety shall not be discharged from liability on this Bond, nor this Bond surrendered until such Principal files with the Obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all bonus taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor & Industry, evidencing the payment of all unemployment compensation, contributions, penalties and interest due the Commonwealth from said Principal or any foreign corporation, subcontractors there under or for which liability has accrued but the time for payment has not arrived, all in accordance with provisions of the Act of June 10, 1947, P.L. 493, of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the Principal and the Surety, intending to be legally bound, cause this Bond to be signed, sealed and delivered this day of, 20. (Individual Principal) WITNESS: (SEAL) (Signature of Individual) trading & doing business as ************* (Partnership Principal) WITNESS: (Name of Partnership) BY: (SEAL) Partner BY : ( SEAL) Partner BY : ( SEAL) Partner * * * * * * * * * * Payment Bond Form

49 Lower Providence Community Library Renovation (Corporate Principal) ATTEST: (Name of Corporation) Secretary (Assistant Secretary) BY: President (Vice President) (CORPORATE SEAL) or (if appropriate) WITNESS: (Name of Corporation) *BY: (Authorized Representative) * Attach appropriate proof, with raised corporate seal, dated as of the same date as the Bond, evidencing authority to execute on behalf of the corporation. * * * * * * * * (Limited Liability Company) WITNESS: (Name of Limited Liability Company) by : ( SEAL) (Managing) Member by : ( SEAL) Member by : ( SEAL) Member or (if appropriate) WITNESS: (Name of Limited Liability Company) *By: (Authorized Representative) Payment Bond Form

50 Lower Providence Community Library Renovation *Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute on behalf of the company. * * * * * * * * * * (Corporate Surety) WITNESS: (Name of Corporation) **BY: (Attorney in fact) ** Attach an appropriate power of attorney, with raised corporate seal, dated as of the same date as the Bond, evidencing the authority of the Attorney in fact to act on behalf of the corporation. END OF SECTION Payment Bond Form

51 Lower Providence Community Library Renovation SECTION SUPPLEMENTARY CONDITIONS 1.1 GENERAL A. These Supplementary General Conditions, together with the General Conditions and Changes to them, govern all work in so far as applicable. Where the General Conditions and Supplementary General Conditions may have bearing upon similar subject matter, both shall apply wherever possible; otherwise the more stringent conditions shall govern. 1.2 PREVAILING WAGE REQUIREMENTS A. The general provisions of the Pennsylvania Prevailing Wage Act, (Act 442 of 1961, P.L. 987, as amended), its implementing regulations, and the general Pennsylvania prevailing minimum wage rates as determined by the Secretary of Labor and Industry, which shall be paid for each craft or classification of all workers needed to perform the contract during the anticipated term therefor in the locality in which public work is performed, are made part of this specification. Reference document Pennsylvania Prevailing Wage Requirements. 1.3 DISCRIMINATION PROHIBITED: According to Section 62 Pa.C.S.A. 3701,the contractor agrees that: A. In the hiring of employees for the performance of work under this contract, or any sub-contract, no contractor, subcontractor, or any person acting on behalf of the contractor or subcontractor shall, by reason of gender, race, creed or color, discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates. B. No contractor, sub-contractor, or any person acting on their behalf, shall in any manner discriminate against or intimidate any employee hired for the performance of work under this contract on account of gender, race, creed or color. C. The contract may be canceled or terminated by the government agency, and all money due or to become due under the contract may be forfeited, for violation of the terms or conditions of that portion of the contract. 1.4 HUMAN RELATIONS ACT A. The provisions of the Pennsylvania Human Relations Act, Act 222 of October 27, 1955 (P.L. 744) (43 P.S.Sec tion 951, et.seq.) of the Commonwealth of Pennsylvania prohibit discrimination because of race, color, religious creed, ancestry, age, sex, national origin, handicap or disability by employers, employment agencies, labor organizations, contractors and others. The contractor shall agree to comply with the provisions of this Act as amended that is made part of this specification. Your attention is directed to the language of the Commonwealth's non-discrimination clause in 16 PA. Code SUPPLEMENTARY CONDITIONS

52 Lower Providence Community Library Renovation 1.5 EXCLUSION OF CERTAIN ALUMINUM, STEEL AND CAST IRON PRODUCTS A. In accordance with the Pennsylvania Steel Products Procurement Act, Act 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, 72 P.S. Section 1881, et seq, if any steel or steel products are to be used or supplied in the performance of the contract, only those produced in the United States as defined therein shall be used or supplied in the performance of the contract or any subcontracts thereunder B. In accordance with Act 161 of 1982, cast iron products shall also be included and produced in the United States. Act 141 of 1984 further defines "steel product to include machinery and equipment. The act also provides clarifications and penalties. C. In accordance with the Pennsylvania Trade Practices Act, Act No. 226 of 1968, General Assembly of the Commonwealth of Pennsylvania, 71 P.S. Section , et seq, no aluminum or steel products made in a foreign country which has been determined as discriminating by the Commonwealth Court shall be furnished or used in the completion of any contract covered by these contract documents. 1.6 RIGHT TO KNOW ACT A. Contractor shall comply with all terms and conditions of the Pennsylvania Right to Know Act, Act No. 159 of 1984, 35 P.S et. Seq., and its implementing regulations. 1.7 PUBLIC WORKS EMPLOYMENT VERIFICATION ACT (ACT 127 OF 2012) A. The Pennsylvania Public Works Employment Verification Act (Act 127 of 2012) went into effect on January 1, 2013, and has an important effect on public works contracts bid and the responsibilities under the act in regard to contractors and subcontractors who work on public works projects. Additional information on Act 127 can be found at the Pennsylvania Department of General Services website at by clicking Construction and Public Works in the left navigation pane, and then on top left pane, click on Act 127 of 2012 Public Works Employment Verification. B. U.S. law requires companies to employ only individuals who may legally work in the United States either U.S. citizens, or foreign citizens who have the necessary authorization. Employment eligibility of hired employees must comply with the federal government s E-Verify system. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. The E-Verify system is administered by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) and additional information concerning compliance can be found on the internet at: C. Prior to award of a contract, contractor shall complete the Commonwealth of Pennsylvania Public Works Employment Verification Form. Bidder will not be awarded a contract if he fails to submit a completed Verification form SUPPLEMENTARY CONDITIONS

53 Lower Providence Community Library Renovation D. Contractor shall maintain documentation of continued compliance with the Act. During the Construction Phase of the Project, Verification forms will be required to be submitted to the Owner from all subcontractors of any level prior to commencing work on the Project. Prime Contractor shall notify all subcontractors of the applicability of the Act. If requested by the Owner, contractor and/or subcontractors shall provide proof of enrollment in the E-Verify program. 1.8 NO TOBACCO USE POLICY. A. Comply with Owner tobacco use policies. In any case, smokeless tobacco use and smoking in any form is prohibited on the site and within any part of structure at any phase of construction. 1.9 IDENTIFICATION A. The Owner reserves the right to require all construction employees to be visually identified by the use of badges. The badges shall be company issued with the name of the employee, the name of the contractor and the name of the project plainly visible. All employees must wear the badge on the job site. Employees without badges will not be permitted on the premises BLASTING A. All storage, handling and use of explosives for the purpose of excavation shall be performed by the Contractor in strict accordance with Title 25, Chapter 211, of the Pennsylvania Code, as well as any applicable local regulations. Strict control of blasting must be maintained to prevent fly rock, and blasting mats must be used where conditions dictate their use. When blasting within 25 feet of utility lines, such blasting must be performed according to Section of Title 25 of the Pennsylvania Code SITE EXCAVATION A. Contractor agrees that, not less than three (3) working days prior to beginning excavation or /demolition work as defined in Act 172 of December 12, 1986 of the Commonwealth of Pennsylvania, amending Act 287 of December 10, 1974, he shall request the information required by Section 5 of the Act and shall inform each operator employed at the site of the Work of the information received with respect to location of underground installations. Contractor shall agree to report immediately to the user of the underground installations and to the Owner and Architect, any break in its lines, or dent, gouge, groove or other damage to such lines, their coating or cathodic protection, made or discovered in the course of the excavation or demolition work. Contractor shall comply with all other provisions of the Act, as amended EROSION CONTROL A. Contractors performing excavation work shall comply with all rules and regulations of Chapter 102, Title 25 of the Pennsylvania Code, relating to soil erosion and sedimentation control. Prior SUPPLEMENTARY CONDITIONS

54 Lower Providence Community Library Renovation to any grading, the Contractor shall be responsible to obtain approval from the Department of Environmental Resources for an approved sedimentation and erosion control site plan and shall perform all necessary site work in accordance with said plan. The plan shall be available at the site at all times. Contractors performing excavation work shall maintain all devices as required to control erosion caused by storm water and prevent dust and particles from being distributed on site 1.13 THE USE OF OWNER S FACILITIES A. Contractor, subcontractors and their agents and employees, shall not be permitted in existing facilities except in areas then currently being renovated, absent receiving prior approval from Owner or Owner s Representative. Contractor will comply with all Owner s regulations and policies while on Owner s property, as well as any special regulations adopted by the Owner relating to this Project. B. Inappropriate language, dress or conduct will not be tolerated on the construction site. Violations of the above shall be grounds for dismissal. C. The entire construction site is smoke-free. Smoking will be permitted only in areas designated by the Owner. D. Any persons violating the above requirement shall be subject to immediate and permanent exclusion from the Owner s site ALL APPLICABLE LAWS, STATUTES, REGULATIONS AND STANDARDS A. Contactor shall comply with all applicable federal, state, local and industry statutes, regulations, ordinances, codes and standards. The failure to specifically reference or include said matters in the Contract Documents does not excuse Contractor from compliance with same. END OF SECTION SUPPLEMENTARY CONDITIONS

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56 Lower Providence Community Library Renovation SECTION PENNSYLVANIA PREVAILING WAGE SCHEDULE 1.1 SUMMARY A. Attachments: Prevailing wage rates and notes (15 pages) Weekly Certification for Public Works Projects (2 pages) END OF SECTION PENNSYLVANIA PREVAILING WAGE SCHEDULE

57 PREVAILING WAGES PROJECT RATES Project Name: Lower Providence Community Library Renovation Awarding Agency: Lower Providence Township Contract Award Date: 1/21/2016 Serial Number: Project Classification: Building Determination Date: 11/24/2015 Assigned Field Office: Philadelphia Field Office Phone Number: Toll Free Phone Number: Montgomery County Building Asbestos & Insulation Workers Asbestos & Insulation Workers Asbestos & Insulation Workers Asbestos & Insulation Workers Boilermaker (Commercial, Institutional, and Minor Repair Work) Boilermaker (Commercial, Institutional, and Minor Repair Work) Boilermaker (Commercial, Institutional, and Minor Repair Work) Boilermaker (Commercial, Institutional, and Minor Repair Work) Boilermakers Boilermakers Boilermakers Boilermakers Boilermakers Boilermakers Boilermakers Bricklayer Bricklayer Effective Date Expiration Date Hourly Rate Fringe Benefits Total 5/1/2012 $41.39 $28.00 $ /1/2013 $41.79 $29.10 $ /1/2014 $43.14 $30.40 $ /1/2015 $44.44 $31.85 $ /1/2013 $25.23 $17.51 $ /1/2014 $25.23 $17.51 $ /1/2014 $25.79 $17.95 $ /1/2015 $26.52 $18.22 $ /1/2011 $37.35 $28.12 $ /1/2012 $37.62 $29.85 $ /30/2012 $39.97 $29.85 $ /1/2013 $38.69 $31.13 $ /1/2013 $38.54 $31.43 $ /1/2014 $39.06 $32.81 $ /1/2015 $40.31 $33.31 $ /1/2014 $38.02 $23.59 $ /1/2015 $39.67 $23.59 $63.26 Page 1 of 15 11/25/2015