A.
These standard construction and material specifications for public improvements (hereinafter referred to as "public improvements specifications") supplement Chapter 400, Subdivision and Land Development, as amended, Chapter 388, Stormwater Management, as amended, Chapter 177, Driveways, as amended, and Chapter 395, Article II, Street Openings, of the Township's Code and all other ordinances and regulations of Easttown Township that pertain to the construction of the types of improvements regulated by these public improvements specifications.
B.
All work shall be executed in a workmanlike manner by qualified,
careful, and experienced professionals and laborers.
C.
For all private construction, the "improver" is the party who is
ultimately accountable to the Township for all work and responsible
for all work, regardless of whether or not the work is performed by
the improver's consultant or contractor. This condition is implied
throughout these public improvements specifications.
The following definitions shall be applicable in this document:
The Commonwealth of Pennsylvania. This term may also be referred
to as "state."
Those drawings prepared by or on behalf of the improver or
by a Township consultant and approved by the Township to show the
detailed design of the specific project, including plan layout and
design details.
Any individual, partnership, or corporation providing consulting
services to the improver.
Any individual, partnership, or corporation performing construction
work for the improver in the case of private construction or for the
Township in the case of contracts awarded by the Township.
Any equitable owner, landowner, agent of such landowner,
or tenant with the permission of such landowner, who makes or who
causes to make a subdivision of land and/or a land development, or
who constructs public improvements or causes public improvements to
be constructed.
The appointed Engineer that represents the Township. The
term may also include a construction observer employed by the Engineer.
The developer, permittee and/or the contractor.
Activity as defined in Chapter 400, Subdivision and Land Development, of the Township's Code, as amended.
Equality of equipment or products versus those specified,
as determined by and at the sole discretion of the Engineer. The term
may also be referred to as "or approved equal."
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The Department of Transportation of the Commonwealth of Pennsylvania.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of engineering.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of land surveying.
Those facilities that are designed for and available to the
public, which may be offered for dedication to the Township, including,
but not limited to, streets, stormwater management facilities, sidewalks,
curbs, trails and public sanitary sewers.
Those details included in Appendix 1 of these public improvements
specifications to show general and typical construction requirements.
As defined in Chapter 400, Subdivision and Land Development, of the Township's Code, as amended. The term may also be referred to as "road."
The division or redivision of a lot or parcel of land by
any means into two or more lots, tracts, parcels, or other divisions
of land.
[Amended 12-15-2014 by Ord. No. 424-14]
Township of Easttown, Chester County, Pennsylvania.
Labor, services, materials, and equipment as required for
the successful completion of the project.
The improver shall be responsible for the proper fitting of
all work and for the coordination of the operations of all trades,
subcontractors, and persons delivering materials engaged upon this
project. The improver shall be prepared to guarantee to each of his
subcontractors the locations and measurements that may be required
for the fitting of their work to all surrounding work.
A.
At all times during which work is being performed under or affecting
the project, the improver shall keep a competent superintendent acceptable
to the Township on the site from the commencement of work until the
completion thereof, who shall be continuously in touch with work and
in all interlocking contracts affected thereby. The superintendent
shall, in the absence of the improver, see that the instructions of
the Engineer are carried out, and all directions given such superintendent
shall be as binding as if given to the improver.
B.
The improver shall have available at all times, including nonworking
hours, weekends, and holidays, an emergency maintenance crew and a
person of authority and responsibility to act in cases of emergency,
such as flooding, cave-ins, or other unsafe conditions, resulting
from construction activities. The improver shall submit to the Township
all the names, addresses and telephone numbers of the emergency crew
supervisor(s) prior to beginning construction operations. The improver
shall be responsible for costs resulting from such emergency work.
C.
The improver is responsible for all costs incurred for any emergency
work performed by the Township or others on the improver's behalf.
A.
The improver shall give all notice required by and comply with all
applicable laws, ordinances, and codes of the Township. All construction
work and/or utility installations shall comply with all applicable
ordinances and codes, including all written waivers. Prior to commencing
construction, the improver shall examine the public improvements specifications
for compliance with applicable ordinances and codes and shall immediately
report any discrepancy to the Township. Where the requirements of
the public improvements specifications fail to comply with such applicable
ordinances or codes, the Township may adjust the public improvements
specifications to conform to such ordinances or codes (unless waivers
in writing covering the difference have been granted by the Township
Board of Supervisors or department). Should the improver fail to observe
the foregoing provisions and proceed with construction varying with
any applicable ordinance or code, including any written waivers (notwithstanding
the fact that such installation is in compliance with the public improvements
specifications), the improver shall correct such work without cost
to the Township.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
The improver shall, at the improver's own expense, secure all
required permits, certifications and approvals and pay to the appropriate
regulatory agencies the fees or charges for same. Proof of all required
permits, certifications and approvals shall be provided to the Township,
as well as compliance with the utility notification requirements of
Pennsylvania Act No. 287 of 1974, as amended. Construction may not
commence until all permits and approvals are obtained. All permit
applications shall be made by the improver and shall be under the
improver's signature. The developer's engineer shall provide
a list, which shall be approved by the Township Engineer, of all required
permits prior to the preconstruction conference.
C.
Any and all Township applications and/or permit fees shall be paid
at the time of application and shall be in the amount as established
by resolution of the Board of Supervisors in effect at the time of
application. No Township permit will be waived for the improver.
D.
The developer and/or contractor shall receive written authorization
to proceed from the Township Manager prior to the start of construction
or any earthmoving activity.
E.
Whenever the proposed construction requires sales, consumer's
use, or other similar tax, the improver shall pay for same.
A.
The improver shall provide adequate protection against injury or
loss arising in connection with the project for all his work and the
property of the Township. The improver shall make good any such damage,
injury or loss. The improver shall adequately protect adjacent property
as provided by law. The improver shall provide facilities for protection
required by public authority or local conditions such as passageways,
guard fences, lights, etc.
B.
The improver shall preserve and protect all trees, shrubs and grass
on or adjacent to the site which do not reasonably interfere with
the construction as may be determined by the Township or Engineer,
and the improver shall be responsible for all unauthorized cutting
or damaging of trees and shrubs, including damage due to careless
operation of equipment, stockpiling of materials or tracking of grass
areas by equipment. The improver shall remove only those trees designated
by the Engineer to be removed.
A.
Work being performed in/on any Township streets and rights-of-way
shall require a road occupancy permit from the Township and posting
of a performance bond, if required by the Board of Supervisors. All
traffic control and safety protection methods, devices and procedures
for work in Township streets shall be in conformance with PADOT Publications
212 and 213.
B.
The improver shall perform the work in such a manner as to interfere
as little as possible with the use of intersecting roads or adjoining
properties. No excavation shall be left open or other obstruction
allowed to remain longer than is absolutely necessary, and the improver
shall provide all safeguards and temporary passageways that may be
necessary for the convenience and protection of all persons using
said property either day or night.
C.
It shall be the duty of the improver, at all times, to maintain crossings,
walks, sidewalks, and streets open to traffic and in a satisfactory
condition, and to keep all fire hydrants, valves, fire alarm boxes,
and letter boxes accessible. For trenches, a timber bridge at least
three feet in width and equipped with side railings shall be provided.
When the excavated material will encroach upon sidewalks or private
property, planking shall be placed in order to keep the sidewalk or
private property clear of excavated material.
D.
No Township street shall be blocked for traffic for longer than one
hour in any direction, unless approved in writing by the Township.
There shall be no lane restrictions in Township streets or state highways
between the hours of 6:00 a.m. and 9:00 a.m., and between the hours
of 3:00 p.m. and 6:00 p.m.
E.
Written approval from the Township is required for all proposed road
detours within the Township borders.
The improver shall check and verify all field measurements and
shall submit with such promptness as to cause no delay in the improver's
own work a minimum of three sets, plus however many sets the improver
wishes to have returned, checked and approved by the improver, of
all shop or setting drawings and schedules required for the work of
the various trades. The Engineer shall review, with reasonable promptness,
such schedules and drawings for compliance with the information given
in the public improvements specifications. The improver shall make
all corrections required by the Engineer and shall resubmit shop drawings
until deemed approved by the Engineer. The Engineer's approval
of such drawings or schedules shall not relieve the improver from
responsibility for deviations from the public improvements specifications,
unless the improver has in writing called the Engineer's attention
to such deviations at the time of submission and secured the Engineer's
written approval, nor shall it relieve the improver from responsibility
for errors in shop drawings or schedules.
A.
The improver shall confine his equipment, storage of materials, and
construction operations to the project limits as prescribed by ordinances
or permits, or as may be directed by the Township, and shall not unreasonably
encumber the site or public rights-of-way with his materials and construction
equipment.
B.
The improver shall comply with all reasonable instructions of the
Township and the ordinances and codes of the local government regarding
signs, advertising, traffic, fires, explosives, danger signals, and
barricades. PADOT flagging shall be required for all work on existing
roads within the Township without exception.
A.
Unless otherwise specifically provided, all workmanship, equipment,
materials and articles incorporated in the work shall be new and the
best grade of the respective kinds of their purpose. Where equipment,
materials, articles, or workmanship are referred to in the public
improvements specifications as "or equal" or "or approved equal,"
the Engineer shall decide the question of equality.
B.
Materials specified by reference to the number or symbols of a specific
standard, such as an ASTM specification, a federal specification or
other similar standard, shall comply with the requirements in the
latest revision thereof and any amendment or supplement thereto except
as limited to type, class or grade, or modified in such reference.
The standards referred to, except as modified in the public improvements
specifications, shall have full force and effect as though printed
herein.
A.
The improver shall submit all material or equipment samples, certificates,
affidavits, etc., as required in the public improvements specifications
or required by the Engineer, promptly. No such materials or equipment
shall be manufactured or delivered to the site, except at the improver's
own risk, until the Engineer has approved the required samples or
certificates in writing. Each sample submitted by the improver shall
carry a label giving the name of the improver, the project for which
it is intended, and the name of the producer. The accompanying certificates
or letter from the improver shall state that the sample complies with
the public improvements specifications, shall give the name and brand
of the product, its place of origin, the name and address of the producer
and all specifications or other detailed information which will assist
the Engineer in passing upon the acceptability of the sample promptly.
It shall also include a statement that all materials or equipment
furnished for use in the project, will comply with the samples and/or
certified statements.
B.
After actual deliveries, the Engineer will have such check tests
made as he deems necessary in each instance and may reject materials
and equipment and accessories for cause, even though such materials
and articles have been given general approval. If materials, equipment
or accessories which fail to meet check tests have been incorporated
in the work, the Engineer will have the right to cause their removal
and replacement by proper materials or to demand and secure such reparation
by the improver as is equitable.
In these public improvements specifications and on accompanying
drawings, there are specified and shown certain pieces of equipment
and/or materials which are deemed most suitable for service anticipated.
This is not done to eliminate other equipment and material equally
as good and efficient. Should improver desire to use some other make
of equipment or material, he shall submit to the Engineer a written
request for such change and in same shall state advantage to the Township.
Determination as to whether or not such change will be permitted rests
solely with the Engineer.
No material, supplies, or equipment for the work shall be purchased
subject to any chattel mortgage or under a conditional sale or other
agreement by which an interest therein or in any part thereof is retained
by the seller or supplier. The improver shall warrant good title to
all materials, supplies, and equipment installed or incorporated in
the work and, upon completion of all work, shall deliver the same,
together with all improvements and appurtenances constructed or placed
thereon by him, to the Township free from any claim, liens, or charges.
Neither the improver nor any person, firm or corporation furnishing
any material or labor for any work shall have the right to a lien
upon any improvement or appurtenance thereon.
If the improver should neglect to prosecute the work properly,
the Township may, without prejudice to any other remedy he may have,
make good such deficiencies and may deduct the cost thereof from the
improver's escrow funds.
The Engineer shall be the Township's representative during
the construction period. The Engineer will make visits to the site,
at a frequency commensurate with the work being performed, to be generally
familiarized with the progress and quality of the work and to determine
in general if the work is proceeding in accordance with the public
improvements specifications. The Engineer will not be responsible
for the improver's failure to carry out the construction work
in accordance with the public improvements specifications and construction
drawings. During such visits and on the basis of observations while
at the site, the Engineer will keep the Township informed of the progress
of the work of the improver and may condemn work as failure to adhere
to the public improvements specifications and/or construction drawings.
The Engineer shall have authority to reject the work whenever such
rejection may be necessary in his reasonable opinion to insure the
proper completion of the project.
The developer and contractor are responsible to and shall comply
with the Department of Labor Safety and Health Regulations for construction
promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596)
and under Section 107 of the Contract Work Hours and Safety Standards
Act (PL-91-54).[1] All work must be in compliance with state and federal
occupational health and safety regulations. Neither the Engineer nor
the Township is responsible for enforcement of OSHA regulations.
[1]
Editor's Note: See 29 U.S.C. § 651 et seq. and 40
U.S.C. § 3704, respectively.
The improver will be held responsible for locating, in advance
of the facilities to be built under this contract, all underground
structures, such as water and gas mains; water and gas services; storm
sewers and telephone and electric conduits, etc., which may be encountered
during the constructing operation. The improver shall either dig test
holes to determine the position of the underground structures, or
he shall arrange with the owners of such underground structures to
assign a representative to mark the locations. The existence and location
of underground utilities as indicated on any plans of the Township
are presented merely to serve as a notification that such utilities
do exist in the general proximity of the work. Any utilities not shown,
or not located as shown, shall not be cause of the improver to deny
responsibility for their protection and/or repair during construction.
A.
The improver shall notify all utility companies in advance of construction
to include requesting the utilities to be located in accordance with
Pennsylvania Act 287 of 1974, as amended, and cooperate with agents
of these companies during the progress of the work. During the course
of his work, if the improver damages any of the aforementioned utilities,
the improver shall immediately follow the procedure of emergency action
and repair as established at the improver's own expense.
B.
Whenever the improver, during the progress of the excavation, uncovers
service pipes or lines, which, because of injury or age, are in poor
condition, the improver shall immediately notify the proper authority
in order that steps may be taken for replacement or repair. Locations
of repairs and the procedures of repairs that have been made shall
be documented by the improver.
C.
The improver shall sustain in their places and protect from direct
or indirect injury all pipes, conduits, tracts, walls, buildings,
and other structures or property in the vicinity of his work, whether
above or below the ground, or that may appear in the trench.
The Township and/or Engineer may appoint such person(s) as they
deem necessary to observe, at any time, materials and equipment furnished
and work done. The Engineer shall be provided at least three business
days' notice of the time and place of all work performed in sufficient
time to allow arrangements for the assignment of construction observers.
Neither the surveillance of the work, nor the presence or absence
of a construction observer shall relieve the improver of any of his
obligations of making his work conform to the intent of the public
improvements specifications and construction drawings. The Township's
construction observers shall be authorized to observe all work done
and materials furnished. Such inspection may extend to all or any
part of the work and to the preparation or manufacture of the materials
to be used. Construction observers will be stationed on the work to
report to the Engineer as to the progress of the work and the manner
in which it is being performed, to report whenever it appears that
the materials furnished and work performed by the improver fail to
fulfill the requirements of the public improvements specifications,
and to call to the attention of the improver any such failure or other
default, but no surveillance or any failure to observe, at any time
or place, shall relieve the improver from any obligation to perform
all work strictly in accordance with the requirements of the public
improvements specifications. In case of any dispute arising between
the improver and any construction observer as to materials furnished
or the manner of performing the work, the construction observer shall
have the authority to reject materials or suspend the work until the
question at issue can be referred to and decided on by the Engineer.
The construction observers shall not be authorized to revoke, alter,
enlarge, relax or release any requirements of the public improvements
specifications, nor to approve or accept any portion of work, or to
issue instructions contrary to the public improvements specifications.
Construction observers shall in no case act as foreman or perform
other duties for the improver, nor interfere with the management of
the work by the latter. Any instructions that the construction observers
may give the improver shall in no way be construed as releasing the
improver from fulfilling the terms of the public improvements specifications.
A.
The use of mechanical surface impact equipment or drilling and hydraulic
rock-splitting equipment to remove rock shall be employed by the improver
to the greatest extent possible. If no other means of rock removal
are viable, the improver may employ the use of the explosives method
(blasting).
B.
The improver shall take complete responsibility for rock removal
by the explosives method, including any and all damages or injuries
resulting from blasting operations. Blasting shall not be permitted
within a radius of 200 feet from any structure or building, or within
a three-hundred-foot radius from any gas pipeline, and in no case
closer to any gas pipeline than is permitted by the gas utility company.
A.
The improver shall be responsible for the stakeout for the construction
of the project. The improver shall provide all surveying required
to lay out the construction work from horizontal and vertical reference
points. The improver shall provide all engineering personnel, materials,
equipment and labor required to stakeout the baselines and/or center
lines and all offset lines and grades.
B.
On jobs where the improver intends to use a laser, he shall either
provide offset stakes at a minimum of one-hundred-foot intervals and
use them to spot check his grades, or provide a level, rod and level
operator to spot check his grades.
The Standard Details located in Appendix 1 of these public improvements
specifications are incorporated herein by reference.[1]
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
[Amended 12-15-2014 by Ord. No. 424-14]
Within 90 days from substantial completion of the work, the
improver shall furnish the Township with as-built plans in accordance
with the As-Built Plan Requirements identified in Appendix 2 of these
public improvements specifications.[1]
[1]
Editor's Note: Appendix 2 is included as an attachment to this chapter.
A preconstruction conference shall be required for all subdivision
and/or land development projects where financial security has been
posted for improvements and for any other construction or earthmoving
activities when deemed necessary by the Township or Engineer. The
improver or his representative and the contractor or contractors who
will be performing the work shall attend, along with the Township
Engineer and Township representatives. A representative of Chester
County Conservation District shall be invited, and any other interested
reviewing agencies and/or utilities may attend. The developer shall
be responsible for arranging the meeting. The improver shall deliver
two sets of full-size and three sets of half-size (12 inches by 18
inches) fully executed approved final subdivision and/or land development
plans, as recorded at the Chester County Recorder of Deeds, to the
Township Engineer at the preconstruction conference for the Township
Engineer's use during construction.
The Township is located in a specially protected high-quality
watershed. As such, extreme care should be exercised in all disturbance
activities to prevent degradation to the waters of the commonwealth,
and, upon completion or temporary cessation of earth disturbance activities,
the project site shall be immediately stabilized with the appropriate
temporary or permanent stabilization. Slopes greater than 3:1 shall
utilize erosion control blanket stabilization.
A.
Inspections shall be performed by the Township Engineer, unless stated
otherwise herein, to verify that proper procedures and methods of
installation of all approved structures and approved materials required
to be installed are followed. Unless other arrangements are made with
the Board of Supervisors, all costs associated with the inspections
will be the responsibility of the improver.
B.
Inspections shall be required prior to starting construction, during
the installation of materials and structures, and upon the completion
of all improvements. All improvements shall be installed in accordance
with all required approved regulations and specifications.
C.
Any and all unsatisfactory work, faulty procedures and methods and
defective materials that have been installed shall be rejected and
noted for the record on the inspection standards punchlist and shall
be corrected before final acceptance.
D.
The placement of all required improvements shall be in accordance
with the controls set by a professional land surveyor registered in
the Commonwealth of Pennsylvania, to ensure installation of improvements
to proper location, elevation, alignment and profile.
E.
Improvements requiring inspection include, but are not limited, to
the following:
(1)
Sanitary sewer system. Prior to the start of any sanitary sewer
improvements work, the improver shall notify the Township Engineer
as previously described.
(2)
Water distribution system. Inspection of all water distribution
system improvements is the responsibility of the water utility company
serving and with franchise rights in the subject area. However, all
water distribution lines installed in Township streets will be inspected
by the Engineer with regard to trenching, backfill, compaction and
surface restoration. Prior to the start of any work on the waterline
improvements, the improver shall notify the Township Engineer as previously
described and shall also contact the water utility company and adhere
to the water utility company's policies, procedures and standards.
(3)
Stormwater management facilities. Stormwater management facilities
shall require visual inspection of each section. Prior to the start
of any stormwater management improvements, the developer and/or contractor
shall notify the Township Engineer as previously described. Inspections
shall be made prior to backfilling any section, including pipes, inlets,
manholes, headwalls, endwalls, detention and retention basins, stormwater
management structural best management practices (BMPs), culverts and
bridges, and all items being installed as part of the post-construction
stormwater management system. Cast-in-place concrete structures and
bridge structures shall require material samples, in compliance with
ASTM C39 standards. Samples must be taken in the presence of the Township's
authorized representative.
[Amended 12-15-2014 by Ord. No. 424-14]
(4)
Street system. Inspection of road subgrade, aggregate subbase,
base course, binder course and wearing course, including review of
all delivery slips.
(5)
Curb structure. Inspection of subgrade, general alignment and
any forms to be used. String line shall be set prior to any concrete
pour to show line and grade, profile and alignment; material inspection,
including the submittal of all certified material delivery slips.
(6)
Sidewalk. Inspection of subbase grade and form grade and alignment
prior to any pour; material inspection, including the submittal of
all certified material delivery slips.
(7)
Grading and seeding/sodding. Inspection as required to assure
compliance with approved plans, regulations and general acceptable
methods and practice.
(8)
E&S facilities. Inspection of soil erosion and sedimentation
pollution control facilities for proper installation, as well as proper
maintenance on a time interval approved by the Board of Supervisors.
(9)
Inspection of any escrowed improvement at the discretion of
the Township Engineer.
Acceptable working hours are 7:00 a.m. through 6:00 p.m., Monday
through Friday, and 9:00 a.m. through 5:00 p.m. on Saturdays. Work
is not permitted on Sundays.
