executive session - 6:30 p.m. · 9/5/2017 · jlive us the go ahead to restart our work. it is...

EXECUTIVE SESSION - 6:30 p.m. - LEGAL

BOARD OF COMMISSIONERS

WORK SESSION AGENDA

TUESDAY, September 5, 2017

7:00 P.M.

The Library/Phil Goldsmith - Library Renovations

Construction Manager Update

Police Department- Crime Update

Commissioner Committee Updates

Larry Gentile - Utility Work

NEXT WEEK:

Ordinance No. P12-2017





Resolution No. 2067-2017

2018MMO

Brittany Lane Dedication (2°d Reading)

Property Tax Credits - Volunteer Firemen (1st Reading)

RHM - 50 Year Extension (1st Reading)

Gatherings in Parks - Permits (1st Reading)

Backyard Hens (1st Reading)

Document Destruction

Reynolds Construction - additional services

\:, >~ haverfordtownship free library

PROVIDING YOU WITH RESOURCES, PROGRAMS, AND SERVICES

THAT ENHANCE AND ENRICH YOUR LIFE

Larry Gentile 2325 Darby Road Havertown, PA 19083

August 25, 2017

Dear Township Manager Gentile:

I would like to have the opportunity to meet with you and your colleagues at the September 5th work session of the Commissioners. I want to bring you up to date on where things stand at the library and answer any questions any one has. As you know we have been in a pencil's down mode since February, 2017. With new leadership at the board level, I believe it is time to jlive us the go ahead to restart our work. It is important for us to restart our work so we can finalize our timeframe and resolve other important issues.

I have had good conversations with several commissioners and have met with Larry Gentile, who has suggested that I make a request to you to attend the commissioners meeting on

September 5th.

I look forward to meeting you and the other commissioners and give you the comfort level you need to allow us to move this important project for the township to the next stage.

Thank you for your consideration.

Phil Goldsmith President of the Board of Trustees [email protected] 215.901.6405

cc: Commissioners Larry Gentile, Township Manager

PHONE 610 446 3082 / FAX 610 853 3090 / 1601 DARBY ROAD / HAVERTOWN, PENNSYLVANIA 19083 / WWW.HAVERFORDLIBRARY.ORG

Ms. Lori Hanlon-Widdop The Township of Haverford 2325 Darby Road Havertown, PA 19083

Dear Ms. Hanlon-Widdop:

August 21, 2017

Sent via US Mail & Electronic Mail

RE: New Haverford Township Municipal Services Building Additio11al CM Services due to exte11ded completion dates RC Project No. 15-1613

Reynolds advised you in our letter of March 16, 20 I 7 the need for additional construction management services due to the extension of time required for completion dates on the project referenced above. The need for additional services is due to unforeseen conditions/approvals and also the contractor's lack of coordination of their work forces.

At that time, the project team agreed that the completion date would be extended by 72 working days from the original contract construction completion date. The projected completion date for occupancy (including punch list completion) was December 6, 2017.

Since the time of the letter there have been additional delays resulting in a projected completion date of December 28, 2017.

Please be advised that Reynolds is requesting an additional three months of construction phase fee at $18,000 per month for a total of$54,000.

Per the requirements of our contract with The Township of Haverford, this letter will serve as notification of our requested additional compensation to continue supporting this effort.

Also in keeping with our agreement we are required to receive Owner's written authorization of these additional services. Please provide this at your earliest convenience. Our current construction phase period ends at the end of September. Thank you in advance for your consideration of this request.

CC: Ryan Brennan, RC (E Copy) Accounting Project File 101

3300 North Third Street I Harrisburg, PA 17110 717-238-5737 I www.ReynoldsSolutions.com

Sincerely,

DSITRU David Angle Project Executive

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IAIA Document C132'" - 2009 Standard Form of Agreement Between Owner and Construction Manager as Adviser

AGREEMENT made as of the Fifteenth day of June in the year 2015 (In words, indicate day, month and yea,:)

• BETWEEN the Owner: (Name, legal status, addrtss and other if/formation)

The Township of Haverford 2325 DarbyRoad ·· Havertown, PA 19083

Telephone: 610°446-1000

and the Construction Manager: (Name, legal status, address and other information)

Reynolds Construction, LLC . 1265 Drummers Lane, Suite 104 Wayne, PA 19087 Telephone: 610-688;6010

for the following Project.: (Name, location and detailed description)

New Haverford Township Municipal Services Building 1002-1010 Darby Road Havertown;PA 19083

A newMunicipal Services Facility, unifying all of the administrative functions of the Township on the property site. The Project will include a building with a minimum gross area of 43,000 SF and may also be expanded to include other municipal or community services. Off-street parking fora total of between 260 to 280 vehicles will be provided. Appropriate .. access sound Pe provided_including separate secure parking and access for the Policy Department vehicles. The Project site is located on 6+ acres at the northwest corner of Darby and Manoa Roads in Havertown, Pa (1002-1010 Darby Road, Havertown, PA) and currently houses a 13,000 ± SF Police Station, a Public Skate Facility, several athletic fields, and a Veterans War Memorial.

The Architect: (Name, legal status, address and other information)

KCBA Architecis Edward Mangold 8 East Broad Street Hatfield, PA 19440

Telephone: 215-368-5806

The Owner and Construction Manager agree as follows.

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. A vertical line In the left margin of this document fndlcates where the author has added necessary Information and where the author has added to or deleted from the original AIA text.

This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification.

This document is intended to De used in conjunction wilh AJA Documents A1321,.,-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and 9132™-2009, Standard Form of Agreement Between Owner and Architect. Construction Manager as Adviser Edition.

AIA Document A232™-2009 ls adopted in this document by reference. Do not use with other general conditions unless this document Is modified.

AIA DocumentC132T"' - 2009 (formerly B801 TmCMa -1992). Copyrlght@1973, 1980, i992 anci 2009 by The American lnsmute of Architects. All right& reserved. WARNING: This AIA® Document I& protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordlatrlbutlon ofthlB AIA® Document, or any portion of It, may result in severe civil and crlmlnal penaltles, and will be prosecuted to the maximum extent pose Ible under the raw. This document was produced by AIAsoftware at 14:34:46 on 12/18/2015 under Order No.8356364694_1 which expires on 08/12/2016, and 19 not for resale.

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USGr Notea: (1396142389)

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TABLE OF ARTICLES

INITIAL INFORMATION

2 CONSTRUCTION MANAGER'S RESPONSIBILITIES

3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES

4 ADDITIONAL SERVICES

5 OWNER'S RESPONSIBILITIES

6 COSTOF TijEWORK

7 COPYRIGHTS AND LICENSES

8 CLAIMS AND DISPUTES

9 TERMINATION OR SUSPENSION

10 MISCELLANEOUS PROVISIONS

11 COMPENSATION.

12 SPECIAL TERMS AND CONDITIONS

13 SCOPE OFTHE AGREEMENT

ARTICLE 1 INITIAL. INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section L 1.

(Note the disposition for thefol/owing items by inserting the requested information or a statement such as "not

applicable," "unknown. at time of executiq_n" or "to be determined later by mutual agreement.'?

See attached "Exhibit A" Request for Proposals for Construction Management Services by the Board of

Commissioners, Haverford Township, dated April 15, 2015 and related addenda.

§ 1.1.1 The Owner's program forthe Prnject: (Identify documentation or state the manner in which the program will be developed)

See attached "Exhibit A" Request for Proposals for Construction Management Services by the Board of

Commissioners, Haverford Township, dated April 15, 2015 and related addenda.

§ 1.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent infm·mation, such as geotechnical

reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities

and services; legal description of the site; etc.)

To be Determined

§ 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.)

The preliminary Prnject budget is $18 million, in total costs, including the relocation of outbuildings, demolition of

the current police building, construction, and all soft costs.

§ 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any:

AIA Oocum1:1nt C132™ - 2009 (formerly B801 ™CMa-19921, Copyright© 1973, 19BO, 1992 and 2009 by The American Institute of Architects. All rights

raeerved, WARNING: This AIA"' Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution 2 of this AIA® Document, or any portion of it, may result In severe civil and crlmlnal penalties, and will be prosecuted to the maximum extent possible

under the law. This document was produced by AIA software at 14:34:46 on 12/18/2015 under Order No.8356364694_ 1 which expires on 08/1212016, and Is

not for resale. Uaer'Notes: (1396142389)

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See attached "Exhibit B" Proposed Project Schedule

.2 Commencement of construction:


.3 Substantial Completion date 01· milestone dates:


.4 Other:.

NIA

§ 1.1.5 The Owner infonds the following procurement method for the Project:

(Identify method such as competitive bid, negotiated Contract or multiple Prime Contracts.)

Multiple Prime C:ontractors

§ 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased

construction are set forth below: (List number and type ofbld/pi'6curement packages.)

Multiple Bid Packages ~To'Be Determined Phased Coristruciion-.Soie.attached "Exhibit B" Prnposed Project Schedule

§ 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible

design ·or hisloric preservation requirements.)

Existing Police Structure to be demolished Outbuildings to be relocated

§ 1.1.8,The Owner identifies the following representative in accordance with Section 5.5:

(List name,, address and other information.)

Ms. Lori Hanlon-Widdop Assistant Township Manager/Director, Haverford Township Community Development

2325 Darby Road Havertown, PA 19083 Telephone: 610-446-1000 x 2250 Email -

§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the

Construction Manager's submittals to the Owner are as follows: {List name, address and other information.)

KCBA Architecls - Architect Edward Mangold 8 East Broad Street Hatfielq, PA 19440 Telephone: 215-368-5806

GS Architects, LLC - Project Special Consultant Christian Gaumann 920 West Chester Pike

AIA Document C132™ - 2009 (formerly BB01™CMa -1992}. Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights

reserved. WARNING: This AIA«I Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized ;eproduction or distribution

of this AIA@ Docl!ment, 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 document was produced by A!A software at 14:34:46 on 12/18/2015 under Order No.8356384694_1 which expires on 08/12/2016, and 11

not for resale. User Notes: (1396142389)

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Havertown, PA 19083 Telephone: 484-453-8389

§ 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and contractors: (List name, legal status, address and other i;iformation.)

, 1 Land Surveyor:

Penno1_1i Associates One Drexel Plaza 3001 Market Street Philadelphia, PA 19104

· Teleph6ne: 215-222-3000

.2 Geotechriical Engineer:

Provided by);:CBA Architects

,3 Civil Engineer:

Provided by KCBA Architects

.4 Other: (List any other consultants retained by the Owner, such as a Project or Program Manage,; or construction contrqcto,1.·.)

GS Architects, LLC - Project Special Consultant Christian Gaumann 920 West Chester Pike Havertown, PA .19083 Telephone: 484-453-8389

§ 1.1. 11 The Construction Manager identifies the following representative in accordance with Section 2.4: (List name, address and other information.)

William MacLaughlin, Project Executive John Luzik, Pre-Construction Tom Preschutti, Site Construction Manager Reynolds Construction, LLC 1265 Drummers Lane, Suitel04 Wayne, PA 19087

Telephone: 610-688-6010

§ 1, 1.12 The Construction Manager's staft1ng plan as required under Section 3.3.2 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known.)

The Construction Manager will provide at a minimum, one (I) Full-Time On-0Site Representative during the Construction Phase of the Project.

AJA Document C132'"' - 2009 (formerly B801™CMa-1992). Copyright@ 197:'3, 1980, 1992 and 2009 by The American lnslitule 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 wlllbe prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:34:46 on 12/18/2015 under Order No.8356364694_ 1 which expires on 08/12/2016, and Js not for resale. User Notes: {1396142389)

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§ 1,1,13 The Construction Manager's consultants retained under Basic Services, ifany:

.1 Cost Estimator: Services to be provided with In-House Staff. (List name, legal status, address and other information.)

To Be Determined

.2 Other consultants:

NIA

. :§ 1,1.14 The Construction Manager's consultants retained under Additional Services:

NIA

§ 1.t 15 Other Initial Information on which the Ag,·eement is based:

NIA

. § ,1.2 The Owner and Consti'Uction Manager may rely on the Initial Information. Both parties, however, recognize that.such information may rtlilterially change and, in that event, the Owner and the Construction Manager shall apptopriately adjust the schedules, tl1e Construction Manager's services and the Construction Manager's compensation. ·

ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement.

§ 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by · construction m_anElg~s-practicing in:the same or similar locality under the same or similar circumstances. The

Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress .of the Project:

§ 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AJA Documen.t Bl32T'L2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect.

§ 2.4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project.

§ 2.5 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise foe Construction Manager's judgment with respect to this Project.

. § 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost.

§ 2.6.1 Comprehensive General Liability with policy limits ofnot less than One Million Dollars ($ 1,000,000) for each occurrence and in the aggregate for bodily injury and property damage.

AIA Document c132r111 - 2009 (formerly B801 1MCMa -1992), Copyright© 1973, 1980, 1992 and 2009 by TheAmP.rlcan lnstllule of Arch!tecta. All rights reaerved. WARNING: This AIA® Do~ument 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 fn severe civil and crlminal penalties, and wl!l be prosecuted to the maximum extent posslble under the law. This document was produced by AfA software at 14:34:46 on 12118/2015 under Order No.8356364694_1 wh!ch expires on 08/12/2016, and Is not tor resale. User Notes: (1396142389)

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§ 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less dmn One Million Dollars ($ 1,000,000 ) combined single limit and aggregate for bodily injury

· and property damage.

§ 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type ofcoverage as required for the individual policies. $10 million provided

§ .2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit afoot less than Five flundred Thousand Dollars ($ 500,000 per incident ).

§ 2,6.5 Professional J:,i~hi.U/y covering the Construction Manager's negligent acts, errors and omissions in its performance of serviceSiwith policy limits ofnot less than Two Million Dollars ($2,000,000 ) per claim and Four Million Dollars ($4;000,000) in the aggregate.

§ 2.6.6 The Consiructii>n fy!~nager shall provide to the Owner certificates of insurance evidencing compliance with the requirements in tWs Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive Gen.eral.L,(ability, Automobile Liability, umbrella or excess policies.

ARTICLE 3 SCOPE ClF ,CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition ·Toe Construction Manager's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and customary construction coor.dination and scheduling, constructability review, cost estimating, and allocation of construction activities arn9ng the Multiple Prime Contractors.

§ 3.2 Precqnstructlcin )hase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner's program provi,ded b)'the Architect, to ascettain the requirements of the Project and shall arrive at a mutual understanding of such requirements witl1 the Owner and Architect.

§ 3,2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget t'equirements, each in terms of the other.

§ 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan that includes, at a.minimum, the.following:(]) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work, ifinultiple Contractors or fast-track construction will be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project.

§ 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems and may also provide its own suggestions.

§ 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on constructability, availability of materials and labor, sequencing for phased construction, time requirements for Procurement, :inStallation and construction, and factors related to construction cost including, but not Hmited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions.

§ 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the

AJA Document C132fM - 2009 {formerly El801 1,..CMa-1992), Copyright© 1973, 1980, 1992 and 2009 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 wm be prosecuted to the maximum extent poaslble under the law. This document was produced by AIA software at 14:34:46 on 12/18/2015 under Order No.8356364694_1 which expires on 08/1212016, and Is not for resale. User Notea: {1398142389)

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Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that could affect the Project's timely completion.

§ 3;2,7 At the completion of the Schematic Design and Design Development Documents, the Construction Manager shall prepare and update, at approp1·iate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement. The Construction Manager shall include appropriate contingencies for design, bidding m· negotiating, price escalation, and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Consn·uction Manager shall advise the Owner and Architect ifit appears that the Cost of the Work may exceed the Owner's budget and !Jlake,.recommendations for corrective action.

§ 3.2.8 As the Architect.progresses with tl1e preparation of the Schematic Design, Design Development and Construction Documenis, the Construction Manager shall consult with the Owner and Architect and make recommertda\ions wh,;µeVer the Construction Manager determines that design details adversely affect constructa),ility, cost or schedu.les.

§ 3.2.9 The Con~ttuction Mana~er shall provide recommendations and information to the Owner and Architect regarding the assignment ofresponsibilities for temporary Project facilities and equipment, materials and services fo1· common use 9fthe Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are incfoded in the proposed Contract Documents.

§ 3.2.10 The Construction Manager shall provide recommendations and information to the Ownerregardingthe allocation of responsibilities for sarety programs among the Contractors.

§ 3.2,11 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual Contracts for the cortsu·uction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Drawings ancl Specifications and make recommendations as required to provide that (I) the Work of the Contractors is coorc)inated, (2) al! requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and ( 4) proper coordination is provided for phased construction.

§ 3.2.1l The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction;.times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered well in advance of construction, and the occupancy requirements of the Owner.

§ 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials, including those.that must be ordered well in advance of construction.

§ 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of. special consultants and testing laboratories required for the Project.

§ 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages.

§ 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and for quasi go"'.ernmental authorities for inclusion in the Contract Documents.

(Paragraph deleted) . ,§ 3.2.18 The Construction Manager shall ASSIST THE OWNER IN THE PREPARATION OF GRANT APPLJCAT!ON(S) AND SUPPORTING DOCUMENTS, INCLUDING COMMONWEALTH OF PENNSYLVANIA REDEVELOPMENT ASSISTANCE GRANT (RACP).

AIA Document C132™ - 2009 (formerly B801 n•CMa- 1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects, All rights reserved. WARNING: This AIA® Document Is protacted by U.S. Copyright Law and lnternatlonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe clvll and criminal penaltfes, and will be prosecuted to the maximum extent possible under the Jaw. This document was produced by AIA software at 14:34:46 on 12/18/2015 under Order No,8356364694_1 which expires on 08/12/2016, and is

not for resale. User Notes: {1396142389)

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§ 3.2.19 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The _Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with each set of bidding documents. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda.

§ 3.2.20 T'ne Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids.

§ 3.2.21 The Constructi_on,Manager shall assist the Owner in preparing Construction Contracts and advise the Owne1· on the accepiability of Subcontractors and material suppliers proposed by Multiple Prime Contractors.

§ . 3.2.22 The. Cci11structi61, Manager shall assist the Owner in obtaining building permits and special permits for pennanentimprovefuents; ex~ept for permits required to be obtained directly by the various Multiple Prime Contractors. The Constr~ction'Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shaU.assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the-approvals of governmental authorities having jurisdiction over the Project.

§ 3,3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject toSectiort 4.3, the Construction Manager's responsibility to provide Construction Phase Services commences with the'award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate Tor Payment.

§ 3,3.2 The Constructiqll]\.1an~ger shall provide a staffing plan to include one or more representatives who shall be inattendance at the froj'rci site whenever the Work is being performed.

§ 3.3.3 The Construcii~ti-~anager shall provide on-site administration of the Contracts for Construction in cooperation with the Archite~t as set forth below and in AIA Document A232"'-2009, General Conditions of the Coniract for Construction/Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-2009, those modifications shall not affect the Construction Manager's services under this Agreement unless the Owner and the Construction Manager amend this Agreement.

§ 3.3.4 The Construction Manager, with the assistance of the General Contractor, shall prnvide administrative, management and related services lo coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each .. other and with those of the Construction Manager, the Ovmer and the Architect. The Construction Mariager,"with tl1e assistance of the General Contractor, shall coordinate the activities of the Multiple Prime _Contractors in accordance with th_e latest approved Project schedule and the Contract Documents.

§ 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Prqject schedule, incorporating the activities of the Owner, Architect, and Muitiple Prime Contractors on the Project, including activity sequences and durations, allocation of Jaber and materials, processing of Shop Drawings, Produ_ct_ Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction, The Project schedule shali inciude the Owner's occupancy requirements showing portions of the Project having occupancy priol'ity. The Constrnction Manager shall update and reissue the Project schedule as required to show current conditions. if an update indicates that the previously approved Project schedule may not'be inet, the Construction Manager shall recommend cotTective action, if any, to the Ovmer and Architect.

§ 3.3.6 The Construction Manager shall schedule and conduct weekly meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple Prime Contractors.

§. 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager, with the assistance of the General Contractor, shall schedule and coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Cont.-act Documents and the latest approved Project schedule.

AIA Document C1 32',., - 2009 (formerly BaC11 ™CM a - 1992;. Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and lnternatlonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe cJvll and crlmlnal penaltfes, and w!II be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:34:48 on 12/18/2015 under Order No.8358364694_ 1 which expires on 08/12/2016, and is not for resale. User Notes: (1396142389)

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§ 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities, and arrange fOI' the delivery oftest and inspection reports to the Owner and Architect.

§, 3.3,9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prhne-Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled.

§ 3.3. 10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. If the Contractor. is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contracto;to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are;any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also repor( the Contr~ctor's cost control information to the Owner.

§ 3.3.11 The Constri.lctib~ Manager shall Prepare reports as needed to support the Commonwealth of Pennsylvania Redevelopment Assistance Grant.

§ 3.3.12The Constrl\ction M~~ager shall maintain accounting records on authorized Work performed under unit costs, additiona!Workperforn,ed on the basis ofactual costs oflabor and materials, and other Work requiring accounting records. · · ·

§ 3;3, 12, 1 The Construction Man.ager shall develop and implement procedures for the review and processing of Applications for Payment by:M;ultiple Prime Contractors for progress and final payments.

§ 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contraciilrs as follows:

.1 \Vherethere isonly one Conb·actor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment;teview the Application, certify the amowit the Construction Manager determines is due the Contractor; and forward the Contractor's Application and Certificate for Payment to the Architect.

.2 Where there·.are Multiple Prime Contractors responsible for performing different portions of the Project,the Construction Manager shall, within seven days after the Construction Manager receives each, Contractor's Application for Payment: (I) review the Applications and certify the amount the Construction Maiiager'determines is due each Contractor, (2) prepare a Summary of Contractors' Applications for'Payinent by summarizing information from each Contractor's Application for Payment, (3) prepare a Project Application and Certificate for Payment, ( 4) certify the total amount the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect.

§ 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and 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 Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner tl1at the Contractor be paid the amount certified.

§ 3.3. 12.4 The certification ofan Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the ConstructlOn Manager has (I) made exhaustive or continuous on-site inspections to ch.eek the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, 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) ascertained how or for what purpose the Conb·actor has used money previously paid on account of the Contract Sum.

AIA Document C132™ - 2009 (formerly 8801 ™CMa- '!992). Copyright C 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and lnternationa! Treaties. Unauthorb:ed reproduction or distribution of this AIA® Document, or any portion of it, may result In Hvere civil and criminal penalties, and will be prosecuted to the tnaxlmum extent poesible under the raw. This document was produced by A!A software at 14:34:48 on 12/1 B/2015 under Order No.83563648 84_ 1 which expires on 08/12/2016, and is not for resale. User Notes: (1396142389)

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§ 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime Contractors solely and exclusively for pul'poses of coordinating the safety programs with those of the other Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors,

· Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subconn·actors, or any other persons performing portions of the Work and not directly employed by the Construction Manage,·.

§ .3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requfrements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Co11tr.act Documents and shall notify the Architect about the rejection. The failure of the Construction Manager:toreject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any reJectioilofWork in its daily log and include information regarding the rejected Work in its progress reports to'the Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections ai:e to be made so that the Architect may be present for such procedures .

. § 3.3.15 The Constrttcfion Manager shall advise and consult with the Owner and Architect during the performance ·of its Construction l'hase .S.er.rices. The Construction Manager shall have authority to act on behalfofthe Owner only to the extentprovided'ui.this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the constr,iiction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection 1-Vith the Work of each of the Contractors, since these are solely the Contractor's rights and responsibilities under the Cpntract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible for the Construction Manager's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or Multiple Prime Contractors, Subc~mtractors, or their agents or employees, or any other persons or entities performing portions of the Work.

§ 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for information of the meaning and intent of the Drawings and Specifications with its written recommendation, and assist in the res.olution ·of questions that may arise.

§ 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to ihe Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Architect's modifications to the Contract Documents.

§ 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject. to Section 4.3.1. 7.

§ 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner's consultants, Owner's separate contractors and vendors, governmental agencies, and a!l other participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. The Consn·uction Manager shall promptly review all Shop Drawings, Product Data, Samples and other submittal, from the Multiple Prime Contractors for compliance with the submittal requirements of the Contract, coordinate submitta!s with information contained in related documents, and transmit to the Architect those that the Cqnstruction Manager recommends for approval. The Construction Manager's actions shall be taken .iri accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Multiple Prime Contractors, the Owner, or the Architect.

AIA Document C132™ - 2009 (formerly B801 T'-'CMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American li1stitute or Architects. All rights reserved. WARNING: Thi& AIA® Document I& protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 10 of this AIA® Document, or any portion of It, may result in severe clvll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Th!s document was produced by AIA software at 14:34:46 on 12/18/2015 under Order No.8356364694_1 which expires on OB/12/2016, and is not for resale_ User Notes: (1396142389)

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§ 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require.

§ 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below:

.1 Work completed for the period;

.2 Project.schedule status;

.3 Submittal::Schedule and status report, including a summary of remaining and outstanding submittals;

.4 Requesffor information, Change Order, and Construction Change Directive status rep011s;

.5 'Tests a~d in$pection reports;

.6 Status'i'epqri ofnonconforming and rejected Work;

. 7 Daily fogs;'

.8 Summary of al}Multiple Prime Contractors' Applications for Payment;

.9 Cum~lative. total of the Cost of the Work to date including the Construction Manager's compensation and.reiinbu,sabie expenses at the job site, if any;

.10 Cash-flow arid forecast reports; and

.11 Any othel'iterils the Owner may require:

.12 Continued recordkeeping required for the RACP or other grants.

(Pal'<lgraphs ,!e/eted) § 3.3.21 Utilizing the do.cuments provided by the Contractor, the Construction Manager shall maintain at the site one copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currentlytorecord·all changes ancl selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of.principal building layout lines, elevations of the bottom of footing~ floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and the Contractor, and upon completion of the Project, shall deliver them to the Owner.

§ 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner-purchased materials,.systems and equipment that are a part of the Project until such items are incorporated into the Work.

§ 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractor's or Multiple Prime Contractors' final testing and start-up ofutiliiies, operational systems and equipment and observe any comrriiSsfoning as the Contract Documents may require.

§ 3.3.24 Vv'llen tl1e Construction Manager considers each Contractor's Work or a designated p011ion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their compietion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereofis substantially complete.

§ 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and.the Construction Manager and Architect shalt execute, a Certificate of Substantial Completion. The Construdion ·Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager

· shall coordinate the correction and completion of the Work. Following issuance ofa Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections.

AJA oocum&nt C132TM - 2009 (formet'ly S801TMCMa .. 1992), Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. A!I rigtils reserved. WARNING: This AIA" Document Is protected by U.S. Copyright Law and lnternatlona!Treatles. Unauthorlied rGproduction or distribution 11 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 document was produced by AIA software at 14:34:46 on 12f18/2015 under Order No.B356364894_1 which expires on 08/12/2016, and is not for resale. Ue,er Notes: (1396142389)

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§ 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractor or Multiple Prime Contractors: (I) certificates of insurance received from the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release ofretainage or the making of final payment; (3) affidavits, receipts, releases and waivers ofliens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals.

§ 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for:Payme1itor final Application for Payment and final Certificate for Payment upon the Contractor's compliance with the requfrements of the Contract Documents.

. . .

§ t3.2S Duties, ,respoµsibilities and limitations ofauthority of the Construction Manager as set forth in the Contract .Documents shall notbe•restricted, modified or extended without written consent of the Owner, Conslruction Manager; Architect,'C6htractor and Multiple Prime Contractors. Consent shall not be unreasonably withheld.

§ 3.3.29 Upon request of the Owner, and prior to the expiration ofone year from the date of Substantial Completion, the Construction Mai1ager shall, without additional compensation, conduct a meeting with the Owner to review the facility ·operatfons'a:nd P,erfof_mance.

ARTICLE 4 ADDITIONAL SERVICES § 4:1 Additional Services'listed below are not included in Basic Services but may be required for the Project. The Construction Manager shal( proyide the listed Additional Se1vices only if specifically designated in the table below

.. as:the Constructjon Man;1g~r'.s responsibility, and the Owner shall compensate the Construction Manager as provided in Section.1),2/';' ; .. · (Designate/he Additional Services the Construction Manager shall provide in the second column of the table below. In the third column indicate.Whether the service description is located in Section 4.2 or in an attached exhibit. !fin an exhibit, identify the exhibit.)

Services Responsibility Location of Service Description (Construction Manage,~ (Section 4. 2 below. or in an

Owner or exhibit attached to this document . Not Provided) and identified below)

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§ 4.2 Insert a description of each Additional Service designated in Section 4.1, if not further described in an exhibit attached to this document.

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§ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Except for services required due to the fault ofihe Construction Manager, any Additional Services provided in accordance with this Section 4.3 shall entiile the Constmction Manager to compensation pursuant to Section 11.3.

§ 4.3. fUpon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The ConStruction Manager shall not proceed to provide the following services until the Construction Manager receives the Owner's written authorization:

.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality,

AIA Document C132TM - 2009 (formerly B801 ™CM a -1992). Copyright© 1973, 1980, 1992 and 2009 by 'rhe American Institute of Architects. All rig his reserved. WARNING: This A!A® Document Is protected by U.S. Copyright Law and International Treaties. Unauth.:,riz:ed reproduction or distribution 12 of this AIA® Document, or any portion oflt, may result in severe civil and criminal penartles, and wm be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:34:46 on 12/18/2015 under Order No.8356364694_1 which expires on OB/1212010, end is not for resale. User Notes: (1396142369)

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complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6;

.2 Services necessitated by the enactment or revision of codes, laws or regulations or official interpretations after the date of this Agreement;

.3 Preparation (Paragraphs deleted)

for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto;

.4 Providing consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with tl1e replacement of such Work;

.5 Assist,attte 'lo the Initial Decision Maker, if other than the Architect; or

§ 4.3.2 To avoid delayin the Construction Phase, the Construction Manager shall provide the following Additional s,rvices, notify the:Owner wi,th reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner iiiosequ~htiy determines that all or parts of those services are not required, the Owner shall give prompi written notice to theConstruction Manager, and the Owner shall have no further obligation to compensate the Construction Martager;for those services:

.1 S,ervices in evaluating an extensive number of Claims submitted by a Contractor or others in cottnecti<>ifwith the Work when the Architect is serving as the Initial Decision Maker .

. 2 To the:exientthe Construction Manager's Basic Services are affected, providing Construction Phase Servi~ 60 days after (I) ti1e date of Substantial Completion of the Work or (2) the anticipated date of SubstantiaLCompletion, identified in Initial Information, whichever is earlier.

,3 Services requfred in an emergency to coordinate the activities ofa Contractor or Multiple Prime Contractors'if(the event of risk of personal injury or serious property damage, consistent with Section 3.3.13. .

§ 4.3.3 If the ser~ices covered by this Agreement have not been completed within Thitty ( 30) months of the date of this Agreement, through no fault of the Construction Manager, extension oftl1e Construction Manager's services beyond that time shall be compensated as Additional Services.

ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1'Unless otherwise provided for under this Agreement, ti1e Owner shall provide information in a timely manner regarding requirements for and Umitatioris on the Project, including the Owner's progrnm, other objectives, schedule, constraints and criter,i~; special equipment, systems, and site requirements. Within 15 days after receipt of a wriiten request from the C?nstruction Manager, the Owner shall furnish tl1e requested information as available and necessary and relevan:t foi"-tht~ Construction Manager to evaluate) give notice of, or enforce any lien rights, if any.

§ 5.2The Owner shall establish and periodically update tl1e Owner's budget for the Project, including (I) the budget for the Cost of the Work as defmed ii1 Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases tl1e Owner's budget for the Cost of the Work, the Owner shail notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality.

§ 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs.

§ 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AJA Document B132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner ai1d.:Architect, and any further modifications to the agreement.

§ 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pe1iaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services.

AIA Document C132™ - 2009 (formerly eao1rMCMa - 1992), Copyright© 1973, 1980, 1992 and 2009 by The American rnslilute of Architects. All rights reserved. WARNING: Thia AIA© Document le protected by U.S. Copyright Law and Jntern.:i.tional Treaties. Unauthorized reproduction or dl11trlbutlon 13 ofthrs AtA® Document, or any portion oflt, may result In severe civil and crlmlnal penalties, and wilt be prosecuted to the maximum edent poselbla under the law. This document was produced by AJA software at 14:34:46 on 12/18/2015 under Order No.6356364694_1 which e><pires on 08/12/2016, and is not for resale. User Notes: (1396142389)

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§ 5.6 Unless provided by the Construction Manager, the Ownei· shall furnish surveys to describe physical chal'acteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal infoJ'mation shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining prope1ty and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, _encro8chments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inveits and depths. All the information on the survey shall be referenced to a Project benchmark.

(Paragraph deleted) · § 5.8 The Owner shall 'co.ordinate the services of its own consultants with those services provided by the

CorstructionManage;: Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the contra<l(S. petw~en the Owner and the Ownei·'s consultants. The Owner shall furnish the services of consultants other thin those;,designated in this Agreement, or authorize the Construction Manager to furnish them as a.n Additional Service, whc,n tlfo Construction Managel' requests such services and demonstrates that they are reasonablyrequiredby•tl1e scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and oth,r 'liability insurance as appropriate to the services provided.

§ 5,9 The Owner shall fum/sli: tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous matel'ials.

§ 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at anytime for the Project to meet the Owner's needs and intel'ests.

§ 5\1 The OwnershaJtprovide prompt Wl'itten notice to the Construction Manager and Architect if the Owner bee:qm¢s aware.of~nYfaµlt:or defec.t in Project, including errors, omissions or inconsistencies in the Architect's Instr~merits of Servic_e,or. ~_µy fault or defect in the Construction Manager's services.

§ 5.12 The Owner reserves the right to perform construction and operntions related to the Project with the Owner's Own -forCes, a[!d to_ awar_d _contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Co.nstruction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or opel'ations related to tl1e Project, the Owner agrees to be subject to the same obligations and-to have the same rights as tl1e Contractors.

§ 5. 13 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager's consuitants through th~ Con~trucitfon··Manager about matteis arising out of or relating to the Contract Documents. The Owner shall promptly notify the Constl'Uction Manager of any direct communications that may affect the Construction Managel"s· services.

§ 5,14 Before executing the Contract for Constmction, the Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contract for Construction with the Construction Manager's services set forth in this Agreement. The Owner shall provide the Construction Manage,· a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction.

§ 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate tl1e Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progress.

ARTICLE 6 COST OF THE WORK § 6 .. 1 For.purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's Consultants during the Construction Phase only, including compensation for reimburnable expenses at the job site, ifony. The Cost of the Work does not include tl1e compensation of the Architect, the costs

AIA Document C132 1M - 2009 (formerly 1:18011"'CMa- 1992). Copyright@ 1973, 1980, 1992 and 2009 by The American lnstl!ute of Archl!ecls. All rights reaarved. WARNING: This AIAf!o Document is protected by U.S. Copyright Law and International TraalieiJ. Unauthorized reproduction or distribution

14 of this AIAII> Document, or any portion of It, may resolt In severe civll and crlmimill penalties, and wm be prosecuted to the maximum extent possible und&r the law. This doeumantwas produced by AJA software at 14:34:46 on 12/1812015 under Order No.8356364694_ 1 which expires on 08/12/2016, and is not for resale. User Notes: (1396142389)

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of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.

§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the Construction Manager's judgment as a person or entity fiuni!iar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating con.ditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prkes will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager.

§ 6.3 If the Architect is. providing detailed cost estimating services as an Additional Service, and a discrepancy exi.sts betwe.en the:Constructipn Manager's cost estimates and the Architect's cost estimates, the Architect and the

· Construction· Managershaitwork cooperatively to conform the cost estimates to one another.

§ 6.4If, piior to the c~~clusion of the Design Development Phase, the Construction Manager's estimate of the Cost . oftheWork exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate w,ith the Construction Managel' and Architect in making such adjustments.

§ 6.5 If the estimate of the:Cost. of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost.ofthe Work, the Owner shall

.1 give wrltten'approval of an increase in the budget for the Cost of the Work;

.2 in c9rtsttltati9n.with the Construction Manager and Architect, revise the Project program, scope, or qua!ity'ai required to ,·educe the Cost of the Work; or

.3 ililplemeni ~ny:other mutually acceptable alternative.

ARTICLE 7 COPYRIGHTS AND LICENSES The-Construction Man.ager and the Construction Manager's consultants, if any, shall not own or claim a copyright in the ·mstruments of SeiVice. The Construction Manager, the Construction Manager's consultants, if any, and the Owner warrant.that in transmitting Instrnments of Service, or any other information, the transmitting party is the .Copyright owner of such information or has permission from the copyright owner to transmit such information for its use on ihe Project; If the 0'!,'llerand Constmction Manager intend to transmit Instruments of Service or any other information or d.ocumentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions.

ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The 0.Nner and Construction :Manager shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the·other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8, I .1.

§ 8.1.2 To the extent damages are ccvered by property insurance, the Owner and Construction Manager waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AJA Document A232-2009, General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties .enumerated herein.

§ 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of

AIA Document C132.™ - 2009 {formerly B801 1MCMa -1992), Copyright© 1973, 1960, 1992 and 2009 by The American lnstitule of Architects. All rights reaer.ied. WARNING: This AIA® Document 15 protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 15 ofthls AJA® Document, or any portion of It, may result In severe civil and crimlnal penaltles, and will be prosecuted to the maximum ext&nt possible under the law. This document was produced by AIA software at 14:34:46 on 12/18/2015 under Order No.8356364694_1 which expires on 08/12/2016, and fs

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professional services under this Agreement. The Construction Manager's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage.

·§ 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to eithei· party's termination of this Agreement, except as specifically provided in Section 9.7.

§ 8.2 Mediation § 8;2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to

. .mediation as a condition. precedent to binding dispute resolution. If such matter relates to or is the subject of a lien · arising out of the Co.nstruction Manager's services, the Construction Manager may proceed in accordance with

applicable law .to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute res9lu.ti/m;

§'8.2.2Th~ Owner and Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the Americatl Arbitratiop.-Ass(lciation in accordance with its 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 the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a c9mplaint,or other appropriate demand for binding dispute resolution but, in such event, mediatiol) shall proq~ed,in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period bf 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or COU)i ord.er. Ifan,arbitration proceeding is stayed pursuant to this section, the parties may nonetl1eless proceed lo the selecpoil of the arbitrator(s) and agree upon a schedule for later proceedings.

§ 8.2.3 The parties shali share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located; unless another location is mutually agreed upon. Agreements reached in mediation shall be e11forceable as settlement agreements in any court havingjurisdiction thereof.

§ .8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution.shall bethe following: (Check the appropril;,te box. If the O)Vner and Construction Manager 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, the dispute will be resolvedin a court of competent jurisdiction.)

Arbitration pursuant to Section 8.3 of this Agreement

X ] Litigation in a court of competent jurisdiction

Other: (Specify)

(Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with tl1is Agreement, such failure shall.be considered substantial nonperformance and cause for termination or, at the Construction Manager's option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending serviceS. lift.11.e event ofa suspension of services, the Construction Manager shall have no liability to the Owner for delay of: damage caused the Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted.

AIA Document c132,t.1- 2009 (formerly BB01™CMa .. 1992). Copyright@ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document rs protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistribi.:tlon 16 of this AJA(!) Document, or any portion of it, may resuit in sevent clvll and criminal penalties. and will be prosecuted to the maximum exlent possible under the law. This document was produced by AIA software at i4:34:46 on 12/18/2015 under Order No.8366364694_ 1 which expires on 08/12'2016, and is not for resale. User Notes: {1396142389)

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§ 9.2 If the Owner suspends the Projec4 the Construction Manager shall be compensated for services performed

prior to. notice of such suspension. When the Prnject is resumed, the Construction Manager shall be compensated for

expenses incurred in the intei.ruption and resumption of the Construction Manager's services. The Construction

Manager's fees for the remaining services and the time schedules shall be equitably adjusted.

§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the

Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days'

written notice.

§ 9.4 Either party may.tefminate this Agreement upon not less than seven days' written notice should the other pa1ty

fail substantially to pei'for•m in accordance with the terms of this Agreement through no fault of the party initiating

the termination.

§ 9.5 The Owner may tenriinate this Agreement upon not less than seven days' written notice to the Construction

Mana get for the Owner's· convenience and without cause.

§ 9.6 In the event oftermin~tion not the fault of the Construction Manager, the Construction Manager shall be

compensated for services performed prior to termination, together with Reimbm~able Expenses then dua

(Paragraphs deleted) ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agree111e~tshall be governed by the law of the place where the Project is located, e-,<eept that if the

parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern

Section 8.3. · ·

§ 10.~.Terms in this.Agreement shall have the same meaning as those in AIA Document A232-2009, General

Conditions of the ContractforConstruction, except for purposes of this Agreement, the term "Work" shall include

the work ofall Contractors under the administration of the Construction Manager.

§ 10.3 The Owner and_Co_nsttuction Manager, respectively, bind themselves, their agents, successors, assigns and

legal representatives. to this Agreement. Neither the Owner nor the Construction Manager shall assign this

Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender

providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this

Agreement.

§ ·10.4 If'the Owner requests the Construction Manager to execute certificates, tl1e proposed language of such

certificates shaUbe submitted to the Construction Manager for review at least 14 days prior to the requested dates of

execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate

assignment to a [ender, the Construction Manager shall execute all such consents that are consistent with this

Agreement, provided the pr.oposed consent is submitted to the Construction Manager for review at least 14 days

prior to execution. T_he ·construction Manager shall not be required to execute certificates or consents that would

require knowledge, services or responsibilities beyond the scope of this Agreement.

§ 10,5 Nothing cortta.ined in this Agl."eement shall create a contractual 1·elationshiµ with or a cause of action in favor

ofa third party against either the Owner or Construction Manager.

§ 10.6 Unless otherwise required ii1 this Agreement, tl1e Construction Manager shall have no responsibility for the

discovery~ presencet handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic

substances in any form at the Project site.

f 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the

_deSign:oitl~e PrOject among the Construction Manager's promotional and professional materials. The Construction

Manager shall be given reasonable access to the completed Project to make such representations. However, the

Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner

has previously advised the Construction Manager in writing of the specific information considered by the Owner to

AIA Document c132n,, - 2009 {formerly BB01™CMa-1992). Copyright@ 1973, 1980, 1992 and 2009 by The American Institute of Archl!ecls, All rights

reserved. WARNING: This AJA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproductlo11 ordistribulion 17 ofthla AIA© Document, or any portion of it, may result In severe civil and criminal penalties, and will b~ prosecuted to the maximum extent possible

under the Jaw. This document was produced by AIAsoftware at 14:34:46 on 12/18/2015 under OrderNo.8356364694_ 1 which expires on 08112/2016, and is

not fer resale. User Notes:

(1396142389)

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be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project.

§ 10,8 If the Construction Manager or Owner receives information specifically designated by the other party as nconfidential II or "business proprietary, 11 the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (I) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and cOntractors whose contracts include similar restrictions on the use of confidential infonnation.

ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate the Construction·Manage,·.~sfollows:

Fixed fee of $347, 70Q.06tor the anticipated 30 months duration as anticipated in Exhibit "A".

§ 11.1 •. 1 F.ofPreconstruction Phase Services in Section 3.2: (Insert amount of, ·or basis.for,. compensation, including stipulated sums, multiples or percentages.)

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§ 11.1.2 For Construciion Phase Services in Section 3.3: (Insert amount of or basisfo1; ·compensation, including stipulated sums, multiples or percentages.)

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§ 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Construction Manager as follows: (Insert amount of or basis for; compensation. lf necessa1y, list specific services to which parn'cular methods of compensation apply.)

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§ 11.3 For Additional Services that may arise during tl1e course of the Project, including those under Section 4.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of or basis for, compensation.)

Hourly compensation per the schedule "Exhibit C"

§ 11.4 Compensation for Additional Services of the Construction Manage!''s consultants when not included in Sections I J .2 or 11.3, shall be the amount invoiced to the Construction Manager plus zero percent ( 0 %), or as otherwise stated below:

Zer·oo/o

§ 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants' 11ormal review practices. (lf applicable, attach an exhibit of hourly billing rates or insert them below.)

See 11ExhibitC11

Employee or Category Rate ($0.00)

AIA Document C132TM - 2009 (formerly B801 1MCMa -1992). Copyright©> 1973, 1980, 1992 and 2009 by The American Institute cf Architects. All rights reserved. WARNING: Thi& AIA® Document Is protected by U.S. Copyright l..aw and International Treaties. Unaulhorlzed reproduction ordlstribullon 18 of this ArA® Document, or any portion of It, may result In severe cMI antE crlminal penalties, and will bl! prosecuted to the maximum extent possible under the raw. This document was produced by AIA software at 14:34:46 on 12118/2015 under Order No.6356364694_1 which expires on 08/12/2016, and is not for resale. User Notes: (1396142389)

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§ 11.6 Compensation for Reimbursable Expenses § .11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include authorized expenses incurred by the Construction Manager and the Construction Manager's consultants directly

· related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web

sites, and extranets; .J Printing, reproductions, plots, standard form documents; .4 Postage, handling and delivery; .5 Expense ofovertime work requiring higher than regular rates, ifauthorizefin advance by the Owner; .6 Professional photography, and presentation materials requested by the Owner; .7 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively

to this.Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Construction Manager's consultants;

(Paragraph deleted) .8 · Site office expenses; and .9 Other siinilar Project-related expenditw·es authorized by the Owner . . 10 Overtime costs for field personnel only as directed and approved by Owner.

§ 11.6.2 For Reimbursabl~ Expenses the compensation shall be the expenses incun-ed by the Constrnction Manager and the ConsfructioilManager's consultants plus zero percent ( 0 %) of the expenses incurred.

§ 1t7 Payments to the Construction Manager § 11.7.1 An initialpil.)'111ef1\9fzero ($ 0 ) shall be made upon execution of this Agreement and is the minimum pa)'l11ent under this Agreement. It shall be credited to the Owner's account in the final invoice.

§ 11.7.2 Unless other;_;ise agreed, payments for services shall be made monthly in proportion to services performed. · Payments are due and payallle.upon presentation of the Construction Manager's invoice. (Paragraphs deleted)

§ 11.7.3 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Constru.ction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the.Work unless t~e Construction Manager agrees or has been found liable for the amounts in a binding disput.eresolution procee<!ing.

§ 11. 7.4 Records,ofReimbursable Expenses, expenses pertaining to Additional Services, and se,·viccs performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.

ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions tliat modify this Agreement are as follows:

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ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written m· oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager.

§ 13.2 This Agreement is comprised of the following documents listed below: .1 AJA Document Cl32™-2009, Standard Form Agreement Between Owner and Construction

Manager as Adviser (Paragraphs deleted)

.2 Otl1er documents: (List other documents, if any, including additional scopes of service forming part of the Agreement.)

Exhibit "A" Request For Proposals for Construction Management Services by the Boat·d of Commissioners, Haverford Township, dated April 15, 2015 and related addenda.

AIA Document C132'M - 2009 (formerly 8801 ™CMa- 1992). Copyright© 1973, 1960, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AfA® Document Is protected by U.S. Copyright Law and International Treatl&s. Unauthorized reproduction or distribution

19 of this AIA® Document, or any portion of lt, may result in severe civil and crfminal penaltles, and wlll be prosecuted to the maximum extent posslb!e under the law. This document was produced by AIA software at 14:34:46 on 12/18/2015 under Order No.8356364694_ 1 which expires on 06/12f2016, and Is not for resale. User Notes: (1396142389}

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Exhibit "B" Proposed Project Schedule Exhibit "C" Hourly Rate Schedule Exhibit "D" Insurance Certifications

This Agreement is entered into as of the day and year first written above.

~"~'" r ,._/ /Jj' ,Bcrc .

David S. Angle, President (Printed name and title)

AIA Cocument C132™ - 2009 (formerly B801™CMa-1992). Copyrfght i:Cl 1973, 1980, 1992 and 2009 by The American lnsl/tute of Architects, All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and lnternatlonal Tr11Jaties. Unauthorized reproduction ordistribtdh:m 20 of this AIA® Document, or any portion ofit, may result In severe clvll and crlminal penaltl&S, and wlllba prosecuted to the maximum extent possible under the law. This document was produced by AJA software at 14:34:46 on 12/18/2015 under Order No.8356364694_1 which expires on 08/12/2016, and is not for resale. User Notes:

{1396142389)

REQUEST FOR PROPOSALS

Exhibit "A"

For

Construction Management Services

Board of Commissioners

HAVERFORD TOWNSHIP

For Proposed Municipal Services Building

April 15, 2015

1

Exhibit "A"

I. Request for Proposals

The Haverford Township Board of Commissioners [the "Township"] seeks Proposals from a qualified, experienced firm for the provision of Construction Management Services for an approximate 43,000 gross square foot Municipal Services Building, including the Police and Township Administration offices and public spaces such as Board meeting rooms, consistent with the attached sketch plans and programming [the "Project".]

II. Project Background Description

On June 13, 2011, the Property Committee of the Board of Commissioners completed a township Facilities Master Plan, identifying deficiencies that may require building replacement. The Township's current Police and Township Buildings were included as facilities that should be replaced. A specific recommendation was made to combine the new Police/Township Building to house all of the administrative functions of the Township under a single roof at the site of the current township Police facility located at 1010 Darby at the intersection of Manoa Road in Havertown ["Project Site".]

Two separate funding initiatives have been undertaken by the Board of Commissioners, including a $3 million in bond proceeds from the 2013 issue and $10 million in bond proceeds from the 2014 issue, resulting in $13 million in funds currently obligated to the Project. An additional funding round is proposed for 2016.

The Board of Commissioners plans to appoint an Architect for the Project on or about April 13, 2015. The design process will begin immediately thereafter. It is anticipated that this Project will require Construction Management Services for approximately 30 months.

III. Scope of services

A Construction Management Firm is sought to act as the Township's representative/agent during Pre-construction, Construction and Post-construction phases of the Project. The general scope of services for the Construction Management Firm will include:

?

Exhibit "A"

3.01 Pre-construction Phase:

a) Attend meetings with the Architect during Pre-construction Phase and participate on the development of the integrated design, bid packaging and bid strategy.

b) Review Architects' Contract Documents, Drawings, General Conditions and Specifications for completeness and constructability and make recommendations for changes to the Architect and Township.

c) At both the completion of the Schematic Design and Design Development Phases, provide a Project cost budget including all costs and fees related to: building construction, construction management and oversight; site improvements; off-site improvements, including those improvements identified in the traffic studies and designs by the Township Engineer for related improvements to Darby and Manoa Roads as required by PennDOT; utilities, including application and connection fees; consulting fees; third-party regulatory agency fees; geotechnical investigations; soil borings and testing; structural engineering investigations, concrete analysis or other tests; testing and laboratory services and inspections; as-built surveys; furniture, fixtures and equipment.

d) Develop a comprehensive schedule, contract deadlines and other milestones, and phasing plan in conjunction with the Architect and Township.

e) Assist Architect in developing a competent bidder and subcontract list.

f) Attend Pre-Bid Conference and assist Architect in the preparation of responses to bidder inquiries.

g) Attend all bid opening(s).

h) Assist Architect in reviewing bids and bid tabulation.

i) Provide a written recommendation regarding the bid award to the Architect and Township.

j) Assist the Township in the preparation of grant application(s), including a Commonwealth of Pennsylvania Redevelopment Assistance Capital Program Grant

Exhibit "A"

(RCAP), and prepare reports as needed in support of the grant(s), including detailed timetables and milestones.

3.02 Construction Phase:

a) During this phase, the Construction Management Firm will serve as the primary point of contact for Haverford Township and at all times protect the Township's interests.

b) At a minimum, provide one full-time staff member for on-site supervision during the Construction Phase.

c) Maintain on-site copies of all drawings, specs, shop drawings, change orders, documents, minutes, inspection records, tests and reports, submittals and correspondence.

d) Ensure adherence with the project budget.

e) Ensure adherence with the approved construction schedule and protect the Township's interests to document possibly delay claims and any Errors and Omissions by the Architect.

f) Ensure that the contract administration is efficiently and effectually handled.

g) Attend bi-weekly meetings with the Architect and Township, prepare and manage meeting minutes and any documents produced at/for these meetings.

h) Schedule and attend weekly contractors meetings with contractor's superintendents and subcontractors; prepare, circuiate and maintain weekly meeting records.

i) Notify Township and Architect of work that is deficient or otherwise deviates from the contract drawings and make recommendations regarding any needed corrections.

jJ Attend other meetings as called by the Township or Architect to address a critical issue.

k) Provide written review, recommendation and sign approved Contractor's certified payment applications.

Exhibit "A"

I) Provide written review and recommendation to the Township of change orders submitted by a contractor, together with the associated cost mitigation.

m) Provide a monthly progress and financial report, including an executive summary with photographic records; document budget and schedule adherence; describe change orders, and identify critical issues.

n) Coordinate contractor meetings with the Township and Architect to resolve problems encountered during the Project.

o) Maintain daily activity logs of time on the job and summary of actions and observations by each member of the Construction Management Firm.

p) Continued coordination and record keeping for a RACP or other grant(s) obtained for the project.

q) Verify that the contractor is maintaining a fully documented set of as-built drawings for incorporation into the final record drawing set prepared by the contractor.

r) Within the confines of the budget, assist the Township to identify and coordinate equipment needs and installation of items such as, but not limited to: technology, data, security systems, cable TV, and furnishings as prepared by the Architect.

s) Prepare a punch list of items for Project completion and review and approval of the Architect, indentifying incomplete and deficient work and provide a schedule for the completion of same.

t) The Construction Management Firm will provide all computers, copiers, fax, cameras, cell phones, travel expenses, supplies, etc.

3.03 Post-Construction Phase:

a) Coordinate completion of the punch list items with and to the satisfaction of the Township and Architect.

b) Assist the Township in resolution of required warranty repairs and/or construction related problems.

Exhibit "A"

c) Obtain Certificate of Occupancy.

d) Assist the Township with any close-out documents and owner's manuals and other documents pertaining to the Project for transfer to the Township.

e) Inspect and review with the Township the building systems employed in the Project and provide a copy of all operating manuals, including maintenance schedules, and a list of the expiration of the warranty for each.

f) Review final payments and release of retainage and make specific recommendations to the Township and Architect.

g) Work with the Township to close out the RACP and any other grants obtained for the project through the final payment of all anticipated funds.

IV. Submission Requirements

The deadline fur the submission of a Proposal is 10am, Wednesday, May 13, 2015. Three (3) hard copies and one copy in an electronic form will be submitted to:

Lawrence). Gentile, Haverford Township Manager/Secretary

2325 Darby Road Havertown, PA 19083

Submission will include the business name, address and telephone number of the Construction Management Firm providing the services, together with a contact name and email address for the contact. The submission will include:

4.01 Experience and background:

a) Provide the age oftbe Construction Management Firm and average number of employees over the past 3 years.

b) Provide the names, title, qualifications, experience and training of all persons to be assigned to the Project.

Exhibit "A"

c) Provide an Organizational Chart and resume for all individuals identified as key staff for the Project.

d) Provide the name and resume of the Project Executive. The Project Executive must have at least 10 years of management experience with similarly sized public projects.

e) Provide the name and resume of the Construction Manager. The Construction Manager should possess a degree in Construction Management, and have at least 10 years of management experience on similarly sized public projects.

4.02 General submission requirements:

a) Provide a detailed plan for providing the services needed in the various construction phases with a description of the Construction Management Firms approach to:

1) Value Engineering and provide a specific project as an example, including reports provided and a summary of the findings that were implemented as well as those rejected.

2) Strategies for managing change orders and provide a specific project as an example, including reports provided to the owner and a summary of the budget impact.

4) List of other projects presentiy being managed by the Construction Management firm and by the key personnel identified in the Proposal.

4.03 Insurance requirements:

Proofs of Professional Liability, Errors and Omissions, Workers Compensation, General Liability and Automobile Liability Insurance with per occurrence and aggregate limits as determined by the Township's Insurance Broker in amounts sufficient to protect against all claims.

7

Exhibit "A"

4.04 References:

a) Provide the contact name, address, telephone number, email address and description of the project completed for four (4) references.

b) Provide a statement describing any litigation pending with any public entity related to the provision of construction management services.

c) Provide information related to any professional licensure disciplinary action against the firm or any member of the firm within the past three (3 years.

V. Fee: All fees will be stated as "fixed fees" rather than percentages.

The Township plans on utilizing the appropriate AJA Standard Form of Contract between Owner and Construction Manager as a basis for the final, negotiated contract. Included with the fixed fee should be all costs associated with a project cost estimate, value engineering, and a constructability report at each of the three above-mentioned reviews.

VI. Discussions, evaluations, award of contract:

All questions are to be submitted in writing to:

Lori Hanlon-Widdop Haverford Township

Assistant Township Manager [email protected]

Please do not submit questions via phone calls.

The Township will review all submitted qualification proposals and conduct and evaluation considering, but not limited to, the factors identified below:

1. Capability to perform required services and qualifications of key personnel.

2. Extent of experience and past performance in similar projects.

3. Project understanding, design approach to methodology.

8

Exhibit "A"

4. Ability to be responsive to the Township's needs.

5. Proposed schedule and approach to perform required services in a timely manner.

6. Fees for Services

7. Experience of the firm and key personnel.

Although the township plans to select the Construction Management Firm through a quality based selection process not solely based on fee, the selected firm's proposed fee will be examined. If agreement upon a fee for services from the firm of first choice cannot be reached, the Township may choose to engage an alternate firm.

The Township reserves the right to reject any and all Proposals.

The Proposal, including the fee proposal, will remain in effect for a period of ninety (90) days.

g

Haverford Township Municipal Services Building Proiec1 Proposed

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Exhibit "C"

HAVERFORD TOWNSHIP 18-Aug-15 NEW MUNICIPAL SERVICES BUILDING $23M Project Cost; $19M Construction Cost 43,000 SF New building; sitework CM services 4-5prlmes

HOURL V RATES

BILLING RATE Position 2015 2016 2017

Project Exec $145 $149 $154 Sr. Pre-Construction Mgr $115 $118 $122 MEP Estimators $105 $109 $112

On-site Observer $112 $115 $118 Scheduler $100 $103 $106 Project Coordinator $49 $50 $52

txh1b1t "U" 1E!?,-Ro® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODNYYYJ

8/11/2015 'fHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the po/lcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Heu of such endorsementts\

PRODUCER CONTACT NAME• Gunn-Mowery P.H9NE - . 717-761-4600 I FA?f . 717-761-6159 P.O. Box900

Camp Hill PA 17001-0900 l;~l\!.4.!b __

INSURERlSI AFFORDING COVERAGE NAIC#

INSURER A ,PA Manufacturers lndemnitv Co. 41424 INSURED 1Nsu•••• ,PA Manufacturers' Assoc Ins Co. 12262 Reynolds Enterprises, Inc INSURERc ,Travelers Pronertv Casualtv Companv 25674 Re

61nolds Construction LLC

33 0 N Third Street INSURERD:

Harrisburg PA 17110 INSURER E:

INSURERF:

COVERAGES CERTIFICATE NUMBER 523841280 REVISION NUMBER . . . . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VoHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE =1wvo· 1:~ME~~\ ·,&~MiM~~ LIMITS LTR POLICY NUMBER

A X COMMERCIAL GEt-4.1:RAL LIABILITY y y 3015010480442 2/112015 2/1/2016 EACH OCCURRENCE $1 000 000 1 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED

$1-000,000 PREMISES (Ea occurren~el

- MED EXP (Any one person} $10,000

'-- PERSONAL & ADV INJURY $1,000,000 ,=r AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $2,000 000

POLICY 0 ~fa>,: D LOG PRODUCTS - COMP/OP AGG $2,000 000 OTHER: $

B AUTOMOBILE LIABILITY y y 1515010480442 2/1/2015 2/1/2016 I ~u1v1Bl1.~.=' SINGLE l!1v111 s1,ooo,000 ..._ IE~ aoo!demtl

X ANY AUTO BODILY INJURY (Per person) $ '-- ALL OWNED - SCHEDULED AUTOS AUTOS BODILY INJURY (Per accidenl) $

~ ..._ NON-OWNED

rP~'rSCCrC{allti' .... A~-X HIRED AUTOS X AUTOS $ ..._ ..._ X COMP. $1,000 X COL. $1,000 $

C X UMBRELLA LIAB HOCCUR

y y ZUP-15R97024-15-NF 2/1/2015 211/2016 EACH OCCURRENCE $10,000,000 ~

EXCESSLIAB CLAJMS-MADE AGGREGATE 110,000,000 DED IX I RETENTION 1t 10 000 $

B WORKERS COMPENSATION y 2015010480442 2/1/2015 211/2016 X I ~~~TUTE I I gJH· AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D NfA E.L. EACH ACCIDENT $500,000 · OFFICER/MEMBER EXCLUDED'> (Mandatory Jn NH) E.l. DISEASE ·EA EMPLOYEE $500,000 If ~es describe undtJr 0 sCRIPTION OF OPERATlm:S below E.L. DISEASE - POU CY LIMIT $500,000

DESCRil'TION OF OPeAATJONS I LOCATIONS/VEHICLES (ACORD 101, A<fdltional Remarks Sched•Jle, may be attached if more space is required)

The Haverford Township Municipal Services Building RC Project#15-1613 .. . . .. . .. The certificate holder is also listed as the add1t1onal insured on the General L1ab1hty. Automobile, and Umbrella pol1c1es above, on a primary/non•contributoi basis and shall apply to both ongoing and completed o~erations. Waiver of subrogation applies in favor of the additional insured. 30 ays notice of cancellation will be provided to the Township of Haverford.

CERTIFICATE HOLDER CANCELLATION 90 .

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

The Township of Haverford ACCORDANCE WITH THE POLICY PROVISIONS. 2325 Darby Road Havertown PA 19083 AUTHORIZED REPRESENTATIVE

,;)h.. f ;k,1,...; I

© 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE Exhibit "D" I DAT!:. (MM/00/YYYY)

~ L !:J.ts.U,. B/12/2015

PRODUCER THIS CERTIFICATE JS ISSUEDAS A MATTER OF INFORMATION - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PROFESSIONAL DESIGN INS MGMT CORP HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 501130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

Indianapolis, IN 46250 t"l1 71 o;7n_,,,u" INSURERS AFFORDING COVERAGE NAIC#

INSURED Reynolds Construction, LLC INSURER A:. Arch Speoial ty Inau:can.cie Company

3300 North 3rd Street INSURER B:

Harrisburg, PA 17110 INSURER C:

INSURER D:

I INSURER E:

COVERAGES

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMl::D ABOVE FOR THE POU CV PERIOD INDICATED. NOTW!THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

INSR ~""" PSlfli EFFECTf1' P8,k1/{;~~~~bi?JWN LIMITS LTR TYPE OF JNSURANCE POLICY NUMBER D MM/DDNY GENERAL LIABILITY EACH OCCURRENCE ' -

1 PREMISES, Teilcioo'u~~nce) COMMERCIAL GENERAL LIABILITY

' I-- ~

OoccuR J CLAIMS MADE MED EXP (Any one person) • PERSONAL & ADV INJURY '

I--GENERAL AGGREGATE ' GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG ' ii r,PRO- Jl,oc POLICY JECT

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I--(Ea accider.l) • ANYAUTO

I--

ALLOWNED AUTOS BODILY INJURY

' I-

(Per person) SCHEDULED AUTOS I-

I-HIRED AUTOS

BODILY INJURY $

NON-OWNED AUTOS (Per accident) -~ PROPERTY DAMAGE

' (Per accident)

GARAGE LIABILITY AUTO ONLY- EAACCIDENT s Fl ANYAUTO OTHER THAN EAACC ' AUTO ONLY: AGG s EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE ' :J OCCUR D CLAIMS MADE AGGREGATE '

' R DEDUCTIBLE ' RETENTION $ ' WORKERS COMPENSATION AND I TORY LIMITS I n;,· EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT ' OFFICcR/MEMBER EXCLUDED? If yes, desciibeunder

E.L. DISEASE- EAEMPLOYEE $

SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT ' OTHER

A Pl:'ofessional Liabil.i ty CPP000522210 3/23/2015 3/23/2016 $2,000,000limit eaoh claim $4,000,000 in the aggregate

DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED 8YEND0RSEMENT /SPECfALPROVIS!ONS

Evidence of Coverage

CERTIFICATE HOLDER

The Township of Haverford 2325 Darby Road Havertown, PA 19083

lCORD25 (2001/08)

CANCELLATION

SHOULD ANY OF THE .~BOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF, THE ISSUING INSURER W1LL l:NOEAVOR TO MAIL ~ DAYS VVRITTEN

NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIWRE TO DO SO SHALL

IMPOSE NO 08LIOAT!ON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR

REPRESENTATIVES.

AUTHORIZED REPRESENTATI

Exhibit "D"

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CANCELLATION NOTICE TO CERTIFICATE HOLDERS ENDORSEMENT

This Endorsement modifies insurance provided under the CPP PLUS Contractors Professional Liability Pollution Liability and Protective Indemnity Policy.

It is agreed that should this Policy be canceled by the Insurer prior to the expiration date for reasons other than nonpayment of premium or a deductible amount when due, the Insurer will provide not less than thirty (30) days notice to the following certificate holder(s):

The Township of Haverford 2325 Darby Road Havertown, PA 19083

If in the event the Policy is canceled because the Insured failed to pay a premium or deductible amount when due, not less than ten (10) days notice will be provided to the above certificate holder(s)

All other terms and conditions of this Policy remain unchanged.

Endorsement Number: 10

Policy Number: CPP0005222-10

Named Insured: Reynolds Construction, LLC

This endorsement is effective on the inception date of this Policy unless otherwise stated herein:

Endorsement Effective Date: 8/11/2015

00 CPP0049 00 05 15 Page 1 of 1

ORDINANCE NO. P12- 2017

AN ORDINANCE OF THE TOWNSHIP OF HAVERFORD, COUNTY OF

DELAWARE, COMMONWEAL TH OF PENNSYLVANIA, ACCEPTING

DEDICATION OF A CERTAIN STREET IDENTIFIED AS BRITTANY

LANE, BYRN MAWR, PA AS PUBLIC LAND.

Whereas, Haverford Township did approve the land development plans of First Lathrum

Corporation for the subdivision of of a parcel of land at Darby and Sproul Roads on

January 30, 1989 by Board Resolution No. 837-89, and later revised approvals on

August 13, 1990 by Board Resolution No. 910-89 for the elimination of one lot; and

Whereas, the aforesaid plans provided for the construction of certain improvements

needed to construct homes on Brittany Lane, specifically the roadbed, road

improvements and sanitary sewer located along Sproul Road and Brittany Lane; and

Whereas, the tract of land containing the public improvements is owned by Mon-Fran

Investment Co., a Pennsylvania Corporation; and

Whereas, the developer has completed the improvements as depicted on the said Plan

as required and certified by the Township Engineer; and

BE IT ENACTED AND ORDAINED by the Board of Commissioners of the Township of

Haverford, County of Delaware, Commonwealth of Pennsylvania, that the Board deems

it in the best interest of the Township of Haverford to accept dedication of Brittany Lane

as public land as follows:

SECTION 1. Dedication of Brittany Lane. The Township of Haverford hereby accepts

the Deed Dedication from Mon-Fran Investment Co. of roadbed, road improvements

and sanitary sewer serving the Brittany subdivision located along Sproul Road and

Brittany Lane as more fully described in the Deed of Dedication to Haverford Township

on Exhibit "A" attached hereto and made a part hereof.

SECTION 2. Any ordinance or part of ordinance to the extent that it is inconsistent

herewith is hereby repealed.

SECTION 3. Severability. Should any section, sentence, word or provision of this

ordinance be declared by a Court of competent jurisdiction to be invalid, such decision

shall not affect the validity of this Ordinance as a whole.

1

Brittany Dedication P12-2017

SECTION 4. Effective Date. This ordinance shall become effective 10 days following

final adoption by the Board of Commissioners and publication as required by law.

ADOPTED this 11th day of September, A.O., 2017.

ATTEST: Lawrence J. Gentile Township Manager/Secretary

2

TOWNSHIP OF HAVERFORD

BY: Chris Connell, Sr. President

Board of Commissioners

Return to:

Parcel # [ to be inserted]

DEED OF DEDICATION TO HAVERFORD TOWNSHIP

THIS INDENTURE made the

BETWEEN

of _____ Two Thousand Seventeen (2017)

Mon-Fran Investment Co.

(hereinafter called the Grantor), of the one part,

and

The Township of Haverford

(herein after called the Grantee), of the other part,

WITNESSSETH That the said Grantor, for and in consideration of the sum of $1.00 lawful

money of the United States of America, unto it, well and truly paid by the said Grantee, at or

before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted,

bargained and soid, released and confirmed, and by these presents docs grant, bargain and sell,

release and confirm unto the said Grantee, its successors and assigns, in fee: the roadbed, road

improvements and sanitary sewer serving the Brittany subdivision located along Sproul Road

and Brittany Lane and shown on a certain record plan prepared by First Lathrum Corp. last

revised l 0/31/1988 and recorded in the office for the Recorder of Deeds in and for Delaware

County, Pennsylvania in Volume 16, Page 159 on April 20, 1989, and the roadbed is more

specifically described on Exhibit A attached hereto and made a part hereof

BUT SPECIFJCALLY E::{CLUDING all portions of Sproul Road (State Route 320) .and

Brittany Lan,e v;hich are subject to the Pennsylvania Department of Transportation right,of,way

so that no portion: of any an:a subject to a Pel)lillQT ri$ht-of-way is being conveyed or dedicated

to the Township ofHaverford.

Page 1 of6

THIS transaction is excluded from Pennsylvania Realty Transfer Tax as a Deed of Dedication of

public improvements to the Township of Haverford for no consideration.

TOGETHER with all and singular the buildings, improvements, ways, streets, alleys,

driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and

appurtenances, whatsoever unto the hereby granted premises belonging, or in any ways

appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the

estate, right, title, interest, property, claim and demand whatsoever of the said Grantor, as well at

law as in equity, of, in and to the same.

TO HA VE AND TO HOLD the said lot or piece of ground described and the improvements,

the hereditaments and premises hereby granted, or mentioned and intended so to be, with the

appurtenances, unto the said Grantee, its successors and assigns, to and for the only proper use

and behoof of the said Grantee, its successors and assigns forever.

AND the said Grantor, for itself, its successors and assigns, by these presents covenants, grants

and agrees for and with the said Grantee, its successors and assigns, that the said Grantor and its

successors and assigns, all and singular the hereditaments and premises herein granted or

mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors

and assigns, against the said Grantor, its successors and assigns, and against all and every person

and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or

under Grantor or any of them shall and will under and subject aforesaid.

WARRANT and forever DEFEND.

IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal. Dated the day and

year first above written.

Witness/ Attest: Mon-Fran Investment Co., a Pennsylvania

corporation

By: _________ _

Name: ---------Title: ----------

Page 2 of6

COMMONWEALTH OF PENNSYLVANIA

ss.

COUNTY OF ____ _

On this, the day of 2017, before me the undersigned officer, personally appeared , who acknowledged to be the ________ of Mon-Fran Investment Co., a Pennsylvania corporation, and that_ as such being authorized to do so, executed the foregoing instrument for the

purposes therein contained by signing the name of the corporation by as

In witness whereof, I hereunto set my hand and official seal.

The address of the above-named Grantee is:

2325 Darby Road Havertown, PA 19083

On behalf of the Grantee

N:\Documents\6002\001\Deed.doc

Page 3 of6

Notary Public

EXHIBIT A

Brittany Lane - Right of Way

All that certain tract of land, situate in the Township of Haverford, County of Delaware, Commonwealth of Pennsylvania, bounded and described according to a Record Plan, prepared for First Lathrum Corp., prepared by Chambers Associates, Center Square, PA, dated September 29, 1988, last revised February 28, 1989, as follows to wit:

Commencing at a point on the title line in the bed of Sproul Road, South 60 degrees 43 minutes 46 seconds West, a distance of 42.25 feet to a point on the Southwesterly side of Sproul Road; thence along the Southwesterly side of Sproul Road, South IO degrees 10 minutes 16 seconds East, a distance ofl03.68 feet to the First Mentioned Point and Place of Beginning;

Thence from the First Mentioned Point and Place of Beginning, leaving the Southwesterly side of Sproul Road, along the Westerly side of Brittany Lane, the following sixteen ( 16) courses and distances:

(I) Along an arc ofa circle curving to the left, having a radius of 15.00 feet and an arc distance of21.18 feet to a point;

(2) South 60 degrees 43 minutes 46 seconds West, a distance of 291.47 feet to a point;

(3) Along an arc ofa circle curving to the left, having a radius of 140.00 feet and an arc distance of I 08.67 feet to a point;

(4) Along an arc ofa circle curving to the right, having a radius of20.00 feet and an arc distance of 45.61 feet to a point;

(5) Along an arc of a circle curving to the left, having a radius of50.00 feet and an arc distance of253.35 feet to a point;

( 6) Along an arc of a circle curving to the right, having a radius of 20.00 feet and an arc distance of 45.61 feet to a poi.nt

(7) Along an arc of a circle curving to the left, having a radius of 140.00 feet and an arc distance of 143.46 feet to a point;

(8) Along an arc of a circle curving to the right, having a radius of 580.00 feet a,,d an arc length of 175.71 feet to a point;

(9) Along an arc ofa circle curving to the left, having a radius of 180.00 feet and an arc length of60.95 feet to a point;

(10) Along an arc ofa circle curving to the right, having a radius of30.00 feet and an arc length of30.06 feet to a point;

(11) Along an arc ofa circle curving to the left, having a radius of50.00 feet and an arc length of 138.58 feet to a point;

(12) Along an arc ofa circle curving to the right, having a radius of30.00 feet and an arc length of30.97 feet to a point;

(13) Along an arc ofa circle curving to the left, having a radius of 180.00 feet and an arc length of 41.33 feet to a point;

(14) North 48 degrees 56 minutes 45 seconds East, a distance of25.62 feet to a point;

Page 4 of6

Thence

Thence

Thence

SITE ENGINEERING CONCEPTS, LLC Consulting Engineering and Land Development Setvices

(15) Along an arc ofa circle curving to the right, having a radius of265.83 feet and an arc length of 15.13 feet to a point ofcompound curvature;

(16) Along an arc of a circle curving to the right, having a radius of 15.00 feet and an arc length of26.88 feet to a point on the Southwesterly side of Sproul Road;

along the Southwesterly side of Sproul Road, North 25 degrees 07 minutes 16 seconds West, a distance of71.36 feet to a point;

leaving the Southwesterly side of Sproul Road, along the Easterly side of Brittany Lane, the following eight (8) courses and distances:

(1) Along an arc ofa circle curving to the right having a radius of 15.00 feet and an arc distance of 20.98 feet to a point;

(2) Along an arc of a circle curving to the left, having a radius of 305.83 feet and an arc distance of32.36 feet to a point;

(3) South 48 degrees 56 minutes 45 seconds West, a distance of 25.62 feet to a point;

(4) Along an arc ofa circle curving to the right, having a radius of 140.00 feet and an arc distance ofl88.15 feet to a point;

(5) Along an arc ofa circle curving to the left, having a radius of620.00 feet and an arc length of 187.83 feet to a point;

(6) Along an arc ofa circle curving to the right, having a radius ofl00.00 feet and an arc length of230.63 feet to a point;

(7) North 60 degrees 43 minutes 46 second East, a distance of 280.26 feet to a point;

(8) Along an arc of a circle curving to the right, having a radius of 15.00 feet and an arc length of25.95 feet to a point of the Southwesterly side of Sproul Road;

along the Southwesterly side of Sproul Road, North 20 degrees 10 minutes 19 seconds West, a distance of 70.90 feet to the first mentioned Point and Place of Beginning.

Containing 54,803 Sq. Ft. or 1.26 acres more or less

But specifically exc!udfog all portions of Sproul Road (State Route 320) and Brittany Lane which are subject to the Pennsylvania Depaitment of Transportation right-of~way so that no portion of any area subject to a PennDOT right-of-way is being conveyed or dedicated to the Township ofHaverford.

P.O. Box 1992; Southeastern, PA 19399 P: 610.240.0450 F: 610.240.0451

Page 5 of6

SITE ENGINEERING CONCEPTS, LLC Consulting Engineering and Land Development Services

Sproul Road - Title Line to Right of Way

All that certain tract of land, situate in the Township of Haverford, County of Delaware, Commonwealth of Pennsylvania, bounded and described according to a Record Plan, prepared for First Lathrwn Corp., prepared by Chambers Associates, Center Square, PA, dated September 29, 1988, last revised February 28, 1989, as follows to wit:

Beginning at a point on the title line in the bed of Sproul Road, said point being the First Mentioned Point and Place of Beginning;

Thence from the First Mentioned Point and Place of Beginning, along the title line in the bed of Sproul Road, South 24 degrees 18 minutes 52 seconds East, a distance of 346.95 feet to a point;

Thence continuing along the same, South 22 degrees 50 minutes 52 seconds East, a distance of 336.62 feet to a point;

Thence leaving the title line in the bed of Sproul Road, South 37 degrees 29 minutes 37 seconds West, a distance of59.29 feet to a point on the Southwesterly side ofSproul Road;

Thence along the Southwesterly side of Sproul Road, North 25 degrees 07 minutes 17 seconds West, a distance of! 71.44 feet to a point;

Thence continuing along the same, North 25 degrees 07 minutes 16.2 seconds West, a distance of204.14 feet to a point;

Thence continuing along the same, North 20 degrees 10 minutes 16 seconds West, a distance of333.15 feet to a point;

Thence leaving the Southwesterly side of Sproul Road, North 60 degrees 43 minutes 46 seconds East, a distance of 42.25 feet to the first mentioned Point and Place of Beginning.

Containing 39,493 Sq. Ft. or 0.91 acres more or less

But specifically excluding ali portions of Sproul Road (State Route 320) and Brittany Lane which are subject to the Pennsylvania Department of Transportation tight-of-way so that no portion of any area subject to a PennDOT tight-of-way is being conveyed or dedicated to

the Township of Haverford.

P.O. Box 1992; Southeastern, PA 19399 P: 610.240.0450 F: 610.240.0451

Page 6 of6

TOWNSHIP OF HAVERFORD DELAWARE COUNTY, PENNSYLVANIA

ORDINANCEPXXX-2017

AN ORDINANCE OF THE TOWNSHIP OF HAVERFORD, DELA WARE COUN1Y, PENNSYLVANIA, AMENDING ORDINANCE NO. 1960, ADOPI'ED]UNE 30. 1986, AND

KNOWN AS THE "GENERAL LAWS OF THE TOWNSHIP OF HAVERFORD," FURTIIER SUPPLEMENTING CHAPTER 165, "TAXATION" AND ESTABLISHING

ARTICLE VI, "PROPER1YTAX CREDIT TO QUALIFYING VOLUNTEERS OF BON AIR, BROOLINE, LLANERCH, MANOAAND OAKMONT FIRE COMPANIES."

WHEREAS, voltmtccr firelighters arc tl1e p1imru-y providers of lire protections services throughout tl1e Co111111onwealtl1 of Pennsylvania; and,

WHEREAS, cine to increased training obligations and other factors, the number of volunteer firefighters in Pennsylvania has drrunalically decreased in recent years, from ru1 estimated 300,000 in 1976 to abont 72,000 at present day; ru1d,

WHEREAS, the ruumal cost lo Pcnnsylvru1ia laxpayers to replace volunteer firefighters with a paid fire service statewide has been estimated at $6 billion; and,

WHEUEA.S, the rumnal cost toe Haverford Township taxpayers to replace volunteer lirdighters with a paid fire scn~ce is estimated at $11,500,000; ru1d,

WHEREAS, Act 172 of 20 l 6, a11tl10rizcs nnmicipalities to adopt a tax c1wlit for the volunteer

lircfightcrs who serve our community; and,

WHEREAS, by supporting volunteer lirdighters, nmnicipalilies can help lo sustain and slrc11gthcn volunteer lire dcparlmcnts thro11gho11l the Commonwealth awl i11 I lavcrlt,rd 'l 'ownship, at a great

savings lo all taxpayers;

NOW, THEIU<:JIORF,, rr IS HF.,UFJlY ORDA1NFD AND ENACTED TiiAT:

SECTION I: The Aclminislralive Code ofllaverford Township, Chapter 165, is hereby

supplemented to establish Article VI, as follows:

ARTICLE VI: Property tax creclit to qualifj,ing volunteers serving the Bon Air, Brookline, I Janerch, Manoa and Oakmont Fire Companies.

~16.5 - 70. Property tax credit. Each qualifying volunteer of the Bon Air, Brookline, Llanerch, Manoa and Oakmont Fire Companies (the "fire companies"), who is certified as such in

accordance with the provisions of this article, shall he entitled lo receive a properly lax credit of 20% per year. The credit shall only be applied lo township real estate tax payable to Haverford Township.

§ 165 - 71. Qualifying Volunteer. A qualifying volunteer shall be defined as a volunteer firefighter who has accumulated 200 se1vice credits (as defined by ,Ul annual resolution) for the mmnal period of.January 01 through December 31 and is jointly certified by his / her company Fire Chief and President. A qualifying volunteer must also be legally liable for property tm,: in Haverford Township (e.g., legal property owner), use the property located in Haverford Township as the primmy residence and smvc a.s an active volunteer as of December 31" of

each year.

~165 - 72. lqjured Vohmteer Certification. Act 172 of 2016 allows for an active volunteer who was pennanently iqjured during a response to an emergency call and e>Ul no longer sc1ve as an active volunteer due lo that iqjury, but would otherwise be clii,~ble for the lax credit lo be considered eligible regardless of sen~ce credit requirements. The injured volunteer certification would remain in effect for the succeeding five (5) lax years.

§16.5 - 7a. Hecordkeeping The Township will furnish unifonn recordkccping summm·y templates for volunteer applications aud rerfjficalions. E~1rh Fire Chief (or clesigncc) shall establish and maintain service logs documeuling all credit activity hours for each volunteer. These logs arc sulijcct lo inspection by the mtmicipality ;md other regulatory agencies (e.g., the Ollice of lhc Stale Fire Commissioner) and shall serve as the basis for the Chic!' and l'resi,lent's

notarized list of vohmlccrs who have met the criteria for a lax credit.

§ l 65 - 7.J.. Certification of Qualifying Vohmtccrs On or bcforeJmrnmy 15• of each year, interested volunteers shall sign and submit m1 application for certification to his/ her respective Fire Chic[ By December 15 of each year, each Compm1y's Fire Chief and President must submit a notarized list of qualit\ing volunteers, along with copies of each

volunteer's aunual application, to the Director of Finance of Haverford Township.

SECTION II: All township elected and appointed officials arc authorized lo take all actions necessary to ensure implementation and effect the pnrpose hereof.

SECI10N ill: Any and all ordinances and/or resolutions, or parts thcrcol; conflicting herewith ,u·c repealed insofar as matters herein affected.

SECI10N IV: The provisions of this ordinance arc severable, and if any clause, sentence, subsection or section hereof shall he acljudged by any court of coinpelentjlU'isdiction to be illegal , invalid or 1mconstitutional, suchjudgcmcnl or decision shall not aflcct, impair or invalidate the remainder, but shall he confined in its operation ;md application to the clause, sentence, subsection or secriou rendered. It is hereby declared the intent of the Board of Connnissioners that this ordimmcc woulcl have been adopted if such legal, invalid or unconstitutional clause, sentence, subsection or section had not. been included herein.

SECI10NV: This is effective ten (10) following final adoption by the Board of Commissioners aml publication as required by law, and shall remain in effect hereafter until revised, amended or revoked by action of the Board of Commissioners of the Township of Havcrlcml.

ADOPTl<J) by the Tmmship Board of Commissioners this xxx day of xxx, 2017.

Attest:

L,wrcncc .J. Gentile, Secretary

Township of Haverford

Christopher Connell, President Board or Com111issioners

DRAFT 6/5/17 BOARD OF COMMISSIONERS

OF THE TOWNSHIP OF HAVERFORD, DELAWARE COUNTY. PENNSYLVANIA

ORDINANCE NO. PlS-2017

AN ORDINANCE ADOPTING AND APPROVING AN AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE JOINTLY· ORGANIZED MUNICIPAL AUTHORITY KNOWN AS THE "RADNORHAVERFORD-MARPLE SEWER AUTHORITY" WITH THE TOWNSHIPS OF RADNOR AND MARPLE, ALL OF DELAWARE COUNTY. PENNSYLVANIA, TO ADD A PROVISION THEREIN EXTENDING THE TERM OF ITS EXISTENCE FOR AN ADDITIONAL FIFTY YEARS FROM THE DATE OF THE APPROVAL OF THE ARTICLES OF AMENDMENT

WHEREAS, an Amendment to the Articles of Incorporation of the Radnor-Haverford

Marple Sewer Authority (the "Authority") has been proposed by the Board of the Authority,

by its Resolution duly adopted on the ___ day of ______ , 20 I 7, to add a provision

to said Articles extending the term of existence of the Authority for an additional fifty (50) years

from the elate of approval of the Articles of Amendment; and

WHEREAS, the Township of Haverford is one of the municipalities composing the

Authority; and

WHEREAS, the proposed Amendment has been submitted to the Municipality.

NOW, THEREFORE. BE IT ORDAINED THAT:

Section 1: The Radnor-Haverford-Marple Sewer Authority's proposed Amendment to

the Articles oflncorporation of the Radnor-Haverford-Marple Sewer Authority to add the

following:

"(f) The term ofexistcnce of the Authority shall be extended for an

additional fifty (50) years until December 19, 2067 ."

It is hereby approved and adopted.

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Section 2: All Township officials are authorized to take all action necessary to ensure

implementation of and effect the purpose thereof.

Section 3: All ordinances and resolutions, and parts thereof, inconsistent herewith are

hereby repealed or rescinded.

Section 4: The provisions of this Ordinance are severable, and if any clause, sentence,

subsection or section hereof shall be adjudged by any court of competent jurisdiction to be

illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or

invalidate the remainder but shall be confined in its operation and application to the clause,

sentence, subsection or section rendered. It is hereby declared that the intent of the Township

Commissioners that this ordinance would have been adopted if such illegal, invalid, or

unconstitutional clause, sentence, subsection, or section had not been included therein.

Section 5: This is effective immediately upon enactment according to law, and shall

remain in effect hereafter until revised, amended, or revoked by action of the Board of

Commissioners of the Township of Haverford.

ENACTED AND ORDAINED by the Board of Commissioners of the Township of

Haverford, Delaware County, Pennsylvania, this __ day of ___ , 2017.

(SEAL)

Attest: _________ _

Lawrence Gentile Township Manager

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By __________ _

Chris Connell, Sr. President of Board of Commissioners

CERTIFICATION

I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.

__ in respect to the continuation of the Radnor-Haverford-Marple Sewer Authority duly

enacted by the majority vote of the all of the members of the Board of Commissioners of the

Township of Haverford, Delaware County, Pennsylvania, at a meeting of said Board duly held

on ____ _ , 2017, at which time the following members of the Board were present:

Chris Connell, Sr., President Mario A. Olivia, Vice President Steve D'Emilio, Commissioner Daniel J. Siegel, Esq., Commissioner James E. McGarrity, Commissioner Andy Lewis, Commissioner Kevin McCloskey, Esq., Commissioner William F. Weschsler, Commissione1· Larry Holmes, Esq., Commissioner

and the voting on said Ordinance was as follows:

For: Chris Connell, Sr. Mario A. Olivia Steve D'Emilio Daniel J. Siegel, Esq. James E. McGarrity Andy Lewis Kevin McCloskey, Esq. William F. Weschsler Lan-y Holmes, Esq.

Against:

and that said Ordinance has been duly advertised and recorded in the Ordinance book of said

Township and that the minutes of the said meeting showing how each member of said Board

voted have been duly recorded in the official minutes of the Board of Commissioners of the

Township of Haverford.

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IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Township of

Haverford has been affixed this __ day of _______ ,, 2017.

(SEAL) Lawrence Gentile, Township Manager

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Approved and filed in the Department of Stale on the_ day of , 2017.

Secretary of the Commonwealth

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ORDINANCE NO. P16-2017

AN ORDINANCE OF THE TOWNSHIP OF HAVERFORD, COUNTY OF DELA WARE, COMMONWEAL TH OF PENNSYLVANIA, AMENDING AND SUPPLEMENTING ORDINANCE NO. 1960, ADOPTED JUNE 30, 1986, AND KNOWN AS THE "GENERAL LAWS OF THE TOWNSHIP OF HAVERFORD, BY FURTHER AMENDING AND SUPPLEMENTING CHAPTER126, PARKS, PLAYGROUND AND TOWNSHIP PROPERTY, SECTION 5, CERTAIN ACTIVITIES PERMITTED IN PARKS BY PERMIT ONLY, IS HEREBY AMENDED BY REDUCING THE NUMBER OF PERSONS ENGAGED IN PARTIES OR GATHERINGS TO FIFTEEN.

BE IT ENACTED AND ORDAINED by the Board of Commissioners of the Township of Haverford, County of Delaware, Commonwealth of Pennsylvania, and it is enacted and ordained by the authority of the same:

SECTION 1. Text Amendment

Chapter 126, Parks, Playground and Township Property, Section 5, further subsection E, is hereby amended to read as follows:

The use of a park for any of the following purposes is prohibited unless a permit is first obtained from the Township Secretary as hereinafter provided: A. Sale of merchandise. B. Use of fireworks. C. Musical or theatrical entertainments. D. Overnight camping. E. Parties or gatherings in excess of 25---15 persons for any purpose whatever.

SECTION 2. Any ordinance or part of ordinance to the extent that it is inconsistent herewith is hereby repealed.

SECTION 3. Severability. The provision of this ordinance are severable and if any section, sentence, clause, part, or provision hereof shall be held illegal, invalid or unconstitutional by any Court of competent jurisdiction, such decision of this shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.

SECTION 4. Effective Date. This ordinance shall become effective 10 days following final adoption by the Board of Commissioners and publication as required by law.

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ADOPTED this day of

Attest: Larry Gentile Township Manager/Secretary

,20 __


BY: Chris Connell

President Board of Commissioners

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ORDINANCE NO. P17-2017

AN ORDINANCE OF THE TOWNSHIP OF HAVERFORD, COUNTY OF DELAWARE, COMMONWEALTH OF PENNSYLVANIA, AMENDING AND SUPPLEMENTING ORDINANCE NO. 1960, ADOPTED JUNE 30, 1986, AND KNOWN AS THE "GENERAL LAWS OF THE TOWNSHIP OF HAVERFORD", FURTHER AMENDING AND SUPPLEMENTING CHAPTER 49, ANIMALS.

BE IT ENACTED AND ORDAINED by the Board of Commissioners of the Township of Haverford, County of Delaware, Commonwealth of Pennsylvania, and it is enacted and ordained by the authority of the same:

SECTION I. Text Amendments.

A. Chapter 49, Animals, §49-10. Maintenance Regulations, is hereby amended at the following subsections to read as follows:

§ 49-10. Maintenance regulations.

It shall be unlawful for any person to keep any domestic animal, except household pets,

except as provided in this section:

A. From and after the effective date of this article, no owner or person shall keep or

raise any of the following animals and maintain within the limits of this Township any

structures, buildings, shelters or pens for any large animal or farm animals as defined

in this Chapter on any lot less than one acre in area. Large animals and farm animals,

except rabbits, hares, guinea pigs, rats, mice, or chinchillas; and chickens, ducks,

geese, guinea fowl, domestic fowl, swans or turkeys, shall be confined in quarters,

corrals, pastures or other outdoor spaces, no part of which shall be closer than 100 feet

from the exterior limits of any dwelling or of any property line.

[Amended 8-12-2013 by Ord. No. 2700]

B. From and after the effective date of this article, no owner or person shall keep or

raise any of tl=le followiAg aAimals aAEI maiAtaiA •Nitl=liA tl=le limits of tl=lis TowAsl=li13 aAy

struotures, IJuilEliAgs, sl=lelters or 13eAs for aAy farm aAimals OR aAy lot less tl=laA oAe acre

iA area. Small animals, as defined in this Chapter and exse13t_tl=lose regulates iA § 49

10.'I. allove and those farm animals that are specifically exempt from the setback

provisions of § 49-1 OA, shall be kept confined in quarters, corrals, pastures, or other

outdoor spaces, no part of which shall be closer than 25 feet from the exterior limits of

any dwelling or of any property line.

C. Up to four (4l chickens maintained as pets for the non-commercial

production of eggs may be kept in a back yard of a property on less than one acre

subject to the provisions of this Chapter and further subject to the following

regulation:

(1) Roosters (male chickens) are prohibited.

(2) Perceptible noise from chickens at the property boundary must

conform with §49 Arlicle Ill Noise Nuisance.

(3) Odors from chickens, chicken manure, or other chicken-related

substances shall not be perceptible at the property boundaries.

(4) Waste and bedding shall not be composted in accordance §138

Arlicle IV On-Lot Compost Piles and must be sealed in a rodent proof and

fly proof container for collection.

(5) Regular cleaning of coop is required as needed to prevent odor.

(6) The coop and attached pen must conform to all relevant property

setbacks for accessory structures as specified in §49-10.B unless written

agreement by any adjoining property owner where the minimum 25'

setback is not maintained has been submitted.

(7) Chicken feed leftover from feeding may not remain past dusk in an

area accessible to rodents or other pests.

(8) All eggs need to be removed on a daily basis.

(9) No chicken may be slaughtered on a residential property.

(1 Ol If a chicken dies, it must be disposed of promptly in a sanitary

manner in accordance with §138 Article II Control of Rodents.

G. D. The owner of every such animal shall confine the same in an enclosure sufficient to prevent such animal from running at large, and such enclosure shall be of a size and construction conducive to the animal's health, and adequate sanitary drainage facilities shall be provided. g,. E. The owner of any animal shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that when closed shall be rat-proof and flytight, and after every such collection shall cause such container or receptacle to be kept

closed. At least twice a week, every such keeper shall cause all litter and droppings so collected to be disposed of in such manner as not to permit the presence of fly larvae. ~ F. The owner of any animal shall cause all feed provided therefor to be stored and kept in a rat-proof and fly-tight building, box, container, or receptacle. i;.,. G. The Director of Code Enforcement shall inspect any such structure, shelter, pen, corral or coop or yard on any premises against which a complaint has been made and issue any such order as may be necessary to carry out the provisions of this section. [Added 8-12-2013 by Ord. No. 2700]

SECTION 2. Any ordinance or part of ordinance to the extent that it is inconsistent herewith is hereby repealed.

SECTION 3. Severability. The provision of this ordinance are severable and if any section, sentence, clause, part, or provision hereof shall be held illegal, invalid or unconstitutional by any Court of competent jurisdiction, such decision of this shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.

SECTION 4. Effective Date. This ordinance shall become effective 10 days following final adoption by the Board of Commissioners and publication as required by law.

ADOPTED this day of

Attest: Lawrence J. Gentile Township Manager/Secretary

, 2017.


BY: Chris Connell, Sr. President Board of Commissioners

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

RESOLUTION NO. 2067-2017

the Board of Commissioners of the Township of Haverford did adopt the General Laws of the Township of Haverford (hereafter "the General Laws") by Ordinance 1960, on June 30, 1986; and

§4-1104 of the Administrative Code included in the General Laws of the Township does declare the Boards intent that the Township will follow the schedules and procedures for the disposition of records as set forth in the Municipal Records Act of the Commonwealth of Pennsylvania, Act 428 of 1968; and

in accordance with the said Act 428 of 1968, the Pennsylvania Historical and Museum Commission did provide a Municipal Records Manual, the current edition being approved on December 16, 2008 and having been last updated on July 23, 2009; and

in accordance with the said Act 428 of 1968, each individual act of disposition shall be approved by Resolution of the governing body of the municipality; and

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Township of Haverford, County of Delaware, Commonwealth of Pennsylvania, in accordance with the Municipal Records Manual cited above, hereby authorizes the disposition of the following public records:

FINANCE DEPARTMENT:

Budget Related 2010 and prior Preliminary Adopted Budgets and related workpapers (7 years)

Accounts Payable 2015 and prior paper copies of Warrants approved by Board of Commissioners (now retained electronically)

Audit Workpapers 2013 and prior (3 years)

Real Estate Taxes 2015 and prior Official "duplicate" from Delaware County (2 years)

Sewer & Trash Billing 2014 and prior paper copies of delinquent accounts (now retained electronically)

HEALTH DEPARTMENT:

PH-1 Applications for Food Service Managers/ Operator Certificate 2011 and prior (5 years)

PH-2 Citations 2014 and prior (3 years)

PH-3 Epidemiological Reports 2010 and prior (7 years)

PH-5 General Nuisance Records - Non-Structure 2015 and prior (2 years)

PH-6 Health Inspection Records 2012 and prior (4 years)

PH-7 Reports to the State Board of Health 2011 and prior (5 years)

PH-9 Vector Control Records 2013 and prior ( 4 years)

RESOLVED THIS 11th day of September, A.D. 2017.

Attest: Lawrence J. Gentile Township Manager/Secretary


Christopher Connell, Sr. Board of Commissioners

FINANCIAL REQUIREMENT AND MINIMUM MUNICIPAL OBLIGATION BUDGET FOR 2018

NAME OF MUNICIPALITY: COUNTY:

1 TOTAL ANNUAL PAYROLL

Estimated Payroll

HAVERFORD TOWNSHIP DELAWARE

2 NORMAL COST AS A PERCENTAGE OF PAYROLL ( Derived from latest actuarial valuation ) 1/1/17

3 TOTAL NORMAL COST ( Item 1 xltem 2)

4 AMORTIZATION REQUIREMENT ( Derived from latest actuarial valuation )

s TOTAL ADMINISTRATIVE EXPENSES (Based on Estimate)

s FINANCIAL REQUIREMENT (+ Item 3 + Item 4 + Item 5)

7 TOTAL MEMBERS CONTRIBUTIONS

a FUNDING ADJUSTMENT ( Derived from latest actuarial valuation )

e MINIMUM MUNICIPAL OBLIGATION (+ltem6-llem7 -Items)

10 MINIMUM MUNICIPAL OBLIGATION BASED UPON MARKET VALUE OF ASSETS

POLICE PENSION PLAN

$7,238,232

13.940%

$1,009,010

$2,101,949

$18,068

$3,129,027

$361,912

$0

$2,767,115

$3,472,178

I elect line _____ (9 or 10) as my 2018 MMO In the amount of$ ______ _

Signature of Chief Administrative Officer Date Certined ta Governing Body


NAME OF MUNICIPAL/TY: HAVERFORD TOWNSHIP COUNTY: DELAWARE NON-UNIFORMED

1 TOTAL ANNUAL PAYROLL

Estimated Payroll

2 NORMAL COST AS A PERCENTAGE OF PAYROLL ( Derived from latest actuarial valuation )

sTOTALNORMALCOST ( Item 1 x Item 2)

4 AMORTIZATION REQUIREMENT ( Derived from latest actuarial valuation )

5 TOTAL ADMINISTRATIVE EXPENSES (Based on Estimate)

e FINANCIAL REQUIREMENT (+ltem3 +ltem4+1tem5)

7 TOTAL MEMBERS CONTRIBUTIONS

a FUNDING ADJUSTMENT ( Derived from latest actuarial valuation )

9 MINIMUM MUNICIPAL OBLIGATION (+ltem6-1tem7 -Items)

111/17

PENSION PLAN

$6,077,096

9.110%

$553,623

$980,430

$19,468

$1,553,521

$258,276

$0

$1,295,245

10 MINIMUM MUNICIPAL OBLIGATION BASED UPON MARKET VALUE OF ASSETS $1,995,152

I elect line -----(9 or 10) as my 2018 MMO In the amount of$. _______ _

Signature of Chief Administrative Officer Date Certified to Governing Botiy


NAME OF MUNICIPALITY:

COUNTY:

1. TOTAL ANNUAL PAYROLL ( Estimated payroll)

HAVERFORD TOWNSHIP DELAWARE

NON-UNIFORMED DEF. CONT.

1,376,922

2. RATE OF CONTRIBUTION AS A% OF PAYROLL 3.50% (Derived from latest actuarial valuation)

3. TOTAL CONTRIBUTION COST (Item 1 times Item 2)

4. TOTAL ADMINISTRATIVE EXPENSES

s. TOTAL FINANCIAL REQUIREMENT (+Item 3 +Item 4)

s. MINIMUM MUNICIPAL OBLIGATION

Signature of Chief Administrative Officer

1/1/17

48,192

3,000

51,192

51,192

Date Certified to Governing Body