1.5.1 Drawings to be followed.

The approved drawings, cross sections and such supplemental detailed and standard drawings as may be required for successful completion of the project will show the location, details and dimensions of the work contemplated The contractor shall perform the work in accordance with the intent of the drawings and specifications and shall take no advantage of any error or omission in the drawings or discrepancy between the drawings and specifications The Engineer will make such corrections and interpretations as may be deemed necessary for the fulfillment of the specifications and drawings Where dimensions on drawings are given or can be computed, scaled measurements shall not be used Any deviation from the drawings as may be required by the exigencies of the construction will, in all cases, be determined by the Engineer and authorized in writing

1.5.2 Engineer to inspect, explain and decide.

The work shall be subject at times to the inspection of the municipality; -the Engineer or his authorized assistants, who shall have free access and every facility at all times afforded them for inspection To prevent all disputes and litigations, the Engineer shall, in all cases, determine the amount or quantity of materials which are to be utilized in the road construction, he shall determine all questions in relation to the project and the construction thereof and, in all cases, decide every question which may arise relative to the performance of the work Any doubts as to the meaning of the specifications and the drawings or any obscurity as to the wording or intent of them will be explained by the Engineer, and all directions and explanations requisite-or necessary to complete, explain or make definite-any of the provision of the specifications and drawings and give them due effect will be given by the Engineer in writing

1.5.3 Engineering stakes.

The contractor will furnish and place grade stakes, offset from the centerline of the contemplated street or road, according to the accepted profile grade shown on the approved drawings The contractor shall furnish all templates and other materials, shall place such additional stakes and markers as may be necessary for control and guidance of his construction operations and shall be responsible for maintaining points and lines given He shall also furnish the inspector with such assistance as may be required for checking all lines, grades and measurements established and necessary in the prosecution of the work Such checking by the Inspector shall not relieve the contractor of his responsibility to perform all work in accordance with the specifications, drawings and the lines and grades given The contractor shall not hold the Engineer responsible for grade differences which may appear between the stakeout and the approved drawing, since it shall be the contractor's responsibility to provide a competent superintendent to oversee, check and verify the correctness of grades as supplied

1.5.4 Inspection of work.

Duly authorized inspectors who shall perform their duties under the directions of the Engineer will be assigned to the project or parts thereof The contractor shall execute his work under the observation of and subject to examination of an inspector or inspectors and shall carry out such work during the approved working hours of the day unless specifically directed otherwise and shall afford every facility for inspecting the materials and work at all times The presence of the inspector shall in no way lessen the responsibility of the contractor In case any dispute arises between the contractor and the inspector, as to materials furnished or the manner of performing the work, the inspector shall have authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer The inspector is not authorized to revoke, alter, enlarge, relax or release any requirements of these specifications nor to approve or accept any portion of the work nor to issue instructions contrary to the drawings and specifications

1.5.5 Pavement depth tests.

Upon completion of the roadway construction, in accordance with the approved drawings, the Engineer or his authorized assistants shall conduct pavement depth tests in order to determine the degree of compliance to the specification requirements These tests shall be located and the number shall be determined by the Engineer and should in all cases be conducted in the presence of the contractor or the contractor's authorized representative Where deficiencies in depth exist to a degree deemed critical by the Engineer, the Engineer shall be authorized to direct the contractor to restore, construct or reconstruct certain integral portions of the roadway pavement which in his mind will afford a proper roadway cross section of the design and of the load-carrying capacity originally contemplated or specified

1.5.6 Defective work and materials.

When any material not conforming to the requirements of the specifications and drawings has been delivered upon the project or incorporated in the work or any work performed is of inferior quality, such material and/or work shall be considered as defective and shall be removed and renewed or made satisfactory, as directed by the Engineer, at the expense of the contractor

1.6.1 Source of materials.

The contractor shall furnish the Engineer in writing with a complete statement of the origin, composition and manufacture of all materials to be used in the construction of the roads and streets All materials used shall comply with the requirements of these specifications and/or the current Pennsylvania Department of Transportation specifications and bulletins

1.6.2 Inspection of materials.

All materials shall be approved before being incorporated in the work and may be inspected and tested at any tine during the progress of their preparation and use In the case where the size of the job warrants or such requirements are mandatory through requirements of other agencies, the contractor shall provide the services of an on-the-job testing laboratory for the purpose of making tests on materials and supplying test data upon request of the municipality

1.6.3 Test of samples of materials.

Samples must meet all tests as required under these specifications and/or those of the Pennsylvania Department of Transportation, to the satisfaction of the Engineer The contractor shall permit any designated representative of the Engineer to inspect any and all material being used or desired to be used at any time before, during or after its preparation or while being used during the progress of the work or after the work has been completed All such materials not complying with the specifications, whether in place or not, shall be rejected and shall be removed promptly from the work The contractor shall furnish or arrange with producers or manufacturers to provide all necessary material, labor, tools and equipment for such inspection

1.6.4 Compressive strength test for concrete.

In order to determine the compressive strength of concrete used on the work, the township will, at its discretion, require test cylinders to be made of the concrete as it is being placed at the site The contractor shall, as required, assist in obtaining concrete samples for use in slump tests and test cylinders

The township shall not be limited to any specific number of cylinders made, but in general specimens will be taken as follows

(a) Two (2) specimens taken for any change in concrete mix which involves aggregate proportioning or the size of the aggregates used in the mix

(b) Two (2) specimens taken for each fifty (50) cubic yards poured

The contractor shall make approved provisions for curing and storing the concrete cylinders for a minimum period of twenty-four (24) hours The concrete cylinders should be cured under, as nearly as possible, the same general conditions as the placed concrete itself is cured

The contractor shall bear the fullest cost of compressive strength tests at the testing laboratory

Any cylinders taken from the finished concrete that break below the specified strength may be cause of rejection of the concrete placed In the event that any concrete is rejected, the concrete shall be removed and replaced at the contractor's expense

(Applicable to improvements initiated by the municipality only.)

1.7.1 Laws to be observed.

The contractor at all tunes shall observe and comply with all federal and state laws and local bylaws, ordinances and regulations in any manner affecting the conduct of work or applying to employees on the project, as-well as all orders or decrees which have been promulgated or enacted or which may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees or contract

1.7.2 Workmen's compensation insurance.

The contractor will be required to carry workmen's compensation insurance or file a proper certificate of exemption as provided for by the Workmen's Compensation Act and must execute an affidavit in reaccepting provisions of the Workmen's Compensation Act on the form supplied with the contract

1.7.3 Regulations of the department of labor and industry.

Special attention is drawn to the regulations of the Pennsylvania Department of Labor and Industry covering equipment, materials, labor safety, sanitation and other regulations on which the contractor shall be fully informed and with which he shall fully comply

1.7.4 Sanitary conveniences.

Sanitary conveniences complying with the regulations of the State Health Department or other bodies having jurisdiction therewith shall be provided for the use of the workmen and their exclusive use strictly enforced

1.7.5 Permits and licenses.

The contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the proper and lawful prosecution of the work

1.7.6 Regulations of department of forest and waters.

All regulations of the Department of Forests and Waters shall be fully complied with by the contractor and his employees

1.7.7 Minimum wage specifications. In accordance with the provisions of the Act of June 21, 1937, P L 1865, its supplements or amendments (Pennsylvania Laws), the minimum wage requirements as set forth in the proposal and the specifications and contract shall be strictly observed and fulfilled Failure to comply with the requirements of the minimum wage specifications shall make the contractor liable for a penalty of an amount equal to twice the difference between the minimum wage contained in the specifications and the wage actually paid to any laborer or mechanic for each day during which he has been employed at a wage less than that prescribed therein The amount of any penalties for which the contractor is liable as herein provided shall be withheld and deducted for the use of the municipality from any moneys due the contractor

1.7.8 Patented appliances, products, or processes.

The contractor agrees to indemnify and save harmless the municipality from all suits or actions of every nature and description brought against it, for or on account of the use of patented appliances, products or processes or the infringement of any patent, trademark or copyright

1.7.9 Responsibility for damage claims.

The contractor shall indemnify and save harmless the municipality and all of its officers, agents and employees from all suits, actions or claims of any character, name and description, brought for on account of any injuries or damages received or sustained during the performance of the work by any person, persons or property by or from said contractor, whether the same are due to the use of defective materials, detective workmanship, neglect in safeguarding the work or by or on account of any act, omission, neglect or misconduct of said contractor during the performance of said work

1.7.10 No waiver of legal rights.

The municipality, the Manager or the Engineer shall not be precluded or estopped by any erroneous measurements, estimate or certificate made or given by them or any agent or employee of the municipality under any provision or provisions of the contract at any tine, either before or after the completion and acceptance of the roadway and payment therefor, from showing the true and correct amount and character of the work performed and materials furnished by the contractor or from showing at any tune that any such measurement, estimate or certificate is untrue or incorrectly made in any particular or that the work or materials or any part thereof do not conform in fact to the specifications and contract The municipality shall have the right to reject the whole or any part of the work or materials should any measurements, estimate, certificate or payment be found or be known to be inconsistent with the terms of the contract or otherwise improperly given The municipality shall not be precluded and estopped, notwithstanding any such measurement, estimate, certificate or payment in accordance therewith, from demanding and recovering from the contractor and/or his surety such damages as it may sustain by reason of his failure to comply with the terms of the specifications and contract or on account of any overpayment or overpayments made on any estimate or certificate Neither the acceptance of the Manager, the Engineer or any agent or employee of the municipality nor any estimate or certificate by the Manager for any payment of money nor any payment for nor acceptance of the whole or any part of the work by the municipality, the Manager or Engineer nor any extension or remission of time nor any possession taken by the municipality or its employees shall operate as a waiver of any portion of the contract or any power herein reserved by the municipal or any right to damages herein provided, nor shall any waiver of any breach of the contract be held to be a waiver of any other or subsequent breach

1.7.11 Care of public and private property.

The contractor shall take all necessary precautions to prevent damage to all overhead and underground structures and to protect and preserve property within or adjacent to the project and shall be responsible for damage thereto Special care must be used by the contractor in the prosecution of the work in order to avoid interference or damage to any operating utilities or plants, however, where there is any possibility of such interference or damage, the contractor shall make satisfactory arrangements with responsible officers or with the owners of the utilities or plants, covering the necessary precautions to be used as safeguards during the performance of the work by the contractor Such arrangement shall be made before said work is started and shall be subject to the approval of the Engineer, which approval will not be considered as releasing the contractor from any responsibility for the acts of himself or his employees or representatives The contractor shall protect all land monuments and property markers which will be affected by the construction until they have been correctly referenced

Monuments and markers which are disturbed by the contractor during the construction of the project or otherwise shall be satisfactorily reset by him at his expense when and as directed

The contractor shall make good any damage or injury to public or private property and shall promptly make restitution for or proceed to repair or otherwise restore such damage or injury to property as may be deemed necessary by the Engineer. The contractor will be held responsible for the protection of or damage done to trees to be left standing, and ii any are damaged, the contractor shall have them promptly repaired at his own expense or replaced to the satisfaction of the Engineer

1.7.12 Barricades; danger, warning, and detour signs.

The contractor shall furnish, erect and maintain at closures, intersections and throughout the project all necessary standard or approved barricades, suitable and sufficient red lights, torches, approved reflectors, danger signals and warning and closure signs and provide a sufficient number of watchmen and take all necessary and legal precautions for the protection of the work and safety of the public All barricades, danger signals, warning signs and obstructions shall be illuminated at night, and all lights shall be kept burning from sunset until sunrise and for such other periods of time when barricades, danger signals, warning signals and obstructions are not clearly visible in natural light Detour signs will be furnished and placed by the municipality

1.7.13 Discrimination on account of race, creed, color, or national origin prohibited in selecting employees.

The following provisions shall relate to any contract to which these specifications are applicable

In the hiring of employees for the performance of work, no contractor, subcontractor nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates

No contractor, subcontractor nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work on account of race, creed, color or national origin

(Applicable to improvements initiated by the municipality only.)

1.8.1 Subletting or assigning of contracts.

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

1.8.2 Time of commencement and completion.

The contractor shall begin work on the calendar date specified in the official notice to proceed and shall complete the project within or by the contract time specified in the contract. In no case shall he begin work prior to the date the contract is approved by the Solicitor of the township, provided, however, that after the contract has been approved by the Solicitor of the township, the Engineer may permit the contractor to begin work prior to the date specified in the official notice to proceed or prior to receipt of said notice

The contract time will be reckoned from the date for starting the work as specified in the notice to proceed

1.8.3 Public or private structures on the project.

The contractor is required to fully inform himself concerning the location of public and private structures on, under and/or over the project which may or may not require removal, resetting, construction and/or reconstruction and which may interfere with his operations and shall be assumed to have prepared his bid and entered into the contract in full contemplation of the conditions to be encountered and his responsibility in connection therewith The municipality has shown on the drawings such structures as have been brought to its attention, but such indication on the drawings shall not be assumed to relieve the contractor of any responsibility with respect thereto, neither shall the municipality be held responsible for any omission or failure to give notice to the contractor of any other structures on, under or over the project

The contractor is required to fully inform-himself-concerning the location of public and private structures within the project which may or may not require removal or reconstruction Such facilities are shown for the most part on the drawings approved by the municipality, but such indications shall not be assumed to relieve the contractor of any responsibility with respect thereto It shall not be the complete responsibility of the municipality to accurately locate or describe all utilities which may be affected in the construction, and the failure on the part of the municipality to show all utilities for private structures on the project shall not relieve the contractor of his responsibility, nor shall it be a just cause on the part of the contractor for damage claims resulting from the contractor's operations The contractor, upon award of the contact, shall inform all public service companies, individuals and others owning or controlling any structure which may have to be removed, reset or reconstructed of his plan of operations and shall give due notice to the responsible party in sufficient time to organize and perform such work in conjunction with the contractor's operations

Railway tracks will be brought to the established grade and line by their owners, also manhole castings, valve boxes, etc, will be firmly and fully set by their owners

All structures, including tracks, shall be set to line and grade as required and will be checked for alignment and grade by the Engineer prior to placing of base or pavement by the contractor

Any structural damage to facilities after they have been placed, as may be damaged by the contractor, shall be replaced at his expense

1.8.4 Violation of contract.

Wherever in the following paragraphs (a), (c) or (d) the word "contractor" appears, it shall be construed to mean also the surety in case of default and completion of the contract by the surety.

(a) If the contractor fails to begin work within the time specified in the notice to proceed or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the completion of said work in accordance with the terms of the contract or shall perform the work unsuitably or shall neglect or refuse to remove materials or perform anew such work as may be rejected as defective or unsuitable or shall discontinue the prosecution of the work without approval of the Engineer or if the contractor shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency or allow any final judgment to stand against him unsatisfied for a period of forty-eight

(48) hours or shall make an assignment for the benefit of creditors or shall fail or refuse, within ten (10) days after written notice by the Manager, to make payment or show cause why payment should not be made of any amounts due for labor performed and/or material furnished as covered by the additional bond attached to and made part of the contract or shall fail to protect, repair or make good any damage or injury to property or shall not carry on the work in an acceptable manner, the Manager, upon written notice from the Engineer, or other proof satisfactory to the Manager, and after having given written notice to the contractor and his surety of such delay, neglect or default on the part of the contractor, shall have full power and authority, without violating the contract, to declare the contractor in default, take the prosecution of the work out of the hands of the contractor and appropriate or use any or all materials and equipment of the contractor assembled for the project and may enter into a contract or contracts for the completion of the work according to the contract or may use such other methods as in his opinion shall be expedient for the completion of the contract in a satisfactory manner

(b) Should the Manager elect to take the prosecution of the work out of the hands of the contractor, he may, at his option, notify and require the surety to complete the contract -according- to its terms and to render, within three (3) months from the date of the completion certificate, but prior to payment of the final certificate, a detailed statement of the costs of the completion of the work, including receipts and disbursements of all funds received and paid on account thereof

(c) Or, should the Manager elect to take the prosecution of the work out of the hands of the contractor and complete the contract with the forces of the municipality, he may, at his option and in the name of the township, take all right, title and interest in and to the equipment and materials owned by the contractor and assembled for use in the execution of the contract and may use them for completion

(d) If the completion of the contract by any of the methods hereinbefore specified results in financial loss to the township, the Manager may dispose of any of the remaining equipment and materials taken over under Paragraphs (a) or (c) above without further legal process and in the manner that to him may be deemed to the best interests of the township Any equipment or materials not required for completion or recoupment or loss or for legal charges against the contract or any balance remaining from the disposition of materials and equipment, after deducting losses by the township and any legal charges against the contract, shall be turned over to the party legally or equitably entitled thereto In the event that the contract is completed by the forces of the municipality, all proper costs and legal charges incurred by the municipality in connection therewith shall be deducted from moneys due or which may become due the contractor, and the municipality shall credit the contractor with the amount realized from the disposal of equipment or materials In the event that legal charges against the contract, if any, and the expense incurred by the municipality in connection with completion of the contract by any of the methods hereinbefore specified, less the credits herein provided for, shall exceed the sum which would have been payable under the contract for the completed work, then the contractor or his surety shall be liable to the township for the amount of said excess If such legal charges and expense shall be less than the contract value of the completed work, the difference shall be paid to the contractor, or such difference may be paid to the surety in an amount not exceeding the total amount which has been paid by the surety on its obligations under the performance bond and the additional bond for labor and material In such event the surety shall furnish evidence satisfactory to the Manager that such payments have been made by it, and any balance remaining after payment to the surety as herein provided shall be paid to the contractor

1.8.5. Responsibility of contractor.

At all times, the contractor shall keep on the project a copy of the approved drawings, a copy of the specifications and a copy of the contract

The contractor shall be responsible for the entire project in accordance with the drawings, specifications and contract, from the date of the starting of the work until it is accepted as evidenced by the approval of the final certificate

The contractor shall be responsible for removals, renewals and replacements due to action of the elements and all other causes except as otherwise provided in the specifications The contractor shall keep the contract under his own control, and it shall be his responsibility to see that the work is properly supervised and carried on faithfully and efficiently The contractor shall supervise the work personally or shall have a competent superintendent or representative, who shall be on the project at all tunes, to receive orders and directions from the Engineer and who shall be clothed with full authority by the contractor to execute such orders without delay and make arrangements for all necessary materials, equipment and labor

Renewals or repairs necessitated because of defective materials-or-workmanship or due to action of the elements or other natural causes prior to the acceptance as determined by the final inspection shall be done anew in accordance with the contract and specifications at the expense of the contractor

The contractor's attention is directed to any work which must necessarily be done and which will not be done under the supervision of the municipality He shall investigate such matters fully and satisfy himself as to the performance of such work so he can anticipate its execution and completion and shall not make claim or hold the municipality liable for his failure to anticipate the tune of performance and completion of such work

1.8.6. Determination of contract time for completion.

Bidders will take notice that the time for completion of the work is indicated in the contract proposal based on the number of workings days This tune has been computed by the municipality to be reasonable and on the basis of the time charge itself Tune will not be charged for Saturdays, Sundays, legal holidays or days when work cannot be accomplished due to unsuitable weather condition

The log of time charged will be maintained by the Engineer or his authorized assistants as the work progresses Such allowance for parts of days will be made in increments of quarters of a day When the completion of the contract shall require additional work, or less work, the Engineer shall make such adjustment in time allotment as may be deemed necessary and fair to the contractor

1.8.7. Liquidated damages.

For each working day that any work shall remain uncompleted after the time specified for the completion of the work provided for by the contract, in accordance with these specifications, the sum per working day as indicated in the contract shall be deducted by the Engineer from moneys due the contractor, not as a penalty, but as liquidated damages All consideration will be given by the Engineer after receipt of a letter in writing from the contractor, to review time charges with the possibility of decreasing the amount due if the contractor can set forth valid reasons for the overage in working days In no case may the Engineer eliminate more than three-fourths (3/4) of the specified amount of liquidated damages chargeable

1.8.8. Prosecution of work.

Before the notice to proceed is given for the project, the contractor or his authorized representative shall review the project in its full extent with the Engineer for the purpose of clarifying the complete scope of work, the intent of the approved drawings and pertinent conditions relative to the contract, including the status of right-of-way, structures and obstructions to be removed, restored or changed.

1.8.9 Competent workmen.

The contractor shall employ only competent and efficient superintendents, foremen, equipment operators, laborers and mechanics for every kind of work that is contemplated on the project. If, in the opinion of the Engineer, any workman is deemed unfit to perform his task, this workman may be removed from the project after receipt of the Engineer's written request

1.8.10 Temporary suspension of work.

The Engineer only shall have authority to suspend the work wholly or in part due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work or due to the failure on the part of the contractor to carry out orders given or perform any provisions of the contract or due to unforeseen conditions which had not been provided for in estimating the contract time required for completion of the work

If it should become necessary to suspend work for a sustained or indefinite period, the contractor shall store all material satisfactorily, and--he shall take-every-precaution-to -prevent damage or deterioration of the work performed, provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary structures where necessary Costs incurred by the contractor to protect the traveling public during a suspension of work not caused by the contractor shall be agreed and paid for at cost if such costs are deemed necessary by the Engineer

1.8.11 Noncompliance of contractor.

- In-addition to the elective-measures the Manager may take for violation of the contract, he shall also have the discretionary right to take any or all of the following actions if the contractor fails, neglects or refuses to comply with the requirements of these specifications, supplemental specifications, amendments, special requirements and applicable bulletins

He may shut down the work until the requirements of the violated section are met by the contractor In such event no remission will be made in working time for the period for which the work is shut down

He may enter upon the project and perform such work as may be necessary to meet the requirements of the section violated and deduct the cost thereof from moneys due or which may become due the contractor or the surety

Provided, further, that in the discretion of the Manager he may enter upon the project and repair or replace public or private property which has been damaged, or he may estimate the amount of such damage and deduct such amount from moneys due or which may become due the contractor or his surety When moneys are deducted as herein provided, the Manager shall settle with the property owner and secure a written release from him releasing the township and the contractor from further responsibility for such damage